Appellate

  • April 18, 2024

    Coast Guard's Dredging Barge Approval Upheld At 5th Circ.

    The U.S. Coast Guard properly certified a dredging vessel with foreign-made components to work in the Houston Shipping Channel, according to a Fifth Circuit panel ruling that the maritime service deserved court deference to interpret its own regulations.

  • April 18, 2024

    Sidney Powell Dodges Sanctions From Texas Bar

    Embattled Trump attorney Sidney Powell has dodged sanctions from the Texas state bar's disciplinary wing, with a state appellate court ruling Thursday that the Commission for Lawyer Discipline didn't bring enough solid arguments to the table to merit a redo of the case.

  • April 17, 2024

    Experts Unjustly Barred In Fla. Cancer Suit, 11th Circ. Told

    A group of Florida families urged the Eleventh Circuit on Wednesday to overturn a jury verdict that found defense contractor Pratt & Whitney wasn't liable for a cancer cluster near the company's former rocket testing site, saying the court abused its discretion when excluding their expert witnesses.

  • April 17, 2024

    Ethics Panel Douses Judge DQ Talk In 5th Circ. CFPB Case

    A judicial ethics panel has concluded that recusal isn't automatically required for the Fifth Circuit judge whose financial disclosures have fueled calls for his disqualification from litigation challenging the Consumer Financial Protection Bureau's $8 credit card late fee rule.

  • April 17, 2024

    7th Circ. Affirms Toss Of Indy TV Network's Bias Claims

    The Seventh Circuit upheld the lower court's toss of a Black-owned broadcasting company's racial discrimination claims against DirecTV and Dish Network, agreeing that the underlying retransmission negotiation dispute was a matter of bargaining power, not bias.

  • April 17, 2024

    'It Has To End': Justices Mull Finality In 32-Year Murder Saga

    In its second review of drug-fueled, baseball bat killings during the presidency of George H.W. Bush, the U.S. Supreme Court on Wednesday pondered steering an Arizona man's capital punishment challenge toward conclusion, perhaps by handling evidentiary tasks normally left to lower courts.

  • April 17, 2024

    Discovery Sanction Too Severe In $1M Vape Case, Panel Says

    An Illinois appeals court has found that a default judgment granted against a vape shop accused of causing a customer's burn injuries, which led to a $1 million bench verdict, was too severe of a sanction for defense counsel's failure to timely comply with certain discovery requests.

  • April 17, 2024

    Sentencing Commission Limits Acquitted Conduct Sentencing

    The U.S. Sentencing Commission on Wednesday voted to restrict the controversial practice of considering acquitted conduct in federal sentencing, and floated the possibility of applying the change retroactively.

  • April 17, 2024

    Salvadoran Deported By Mistake Ends Suit Over Injuries Abroad

    A Salvadoran man who was wrongly deported by U.S. Immigration and Customs Enforcement has ended his suit over the abuse he suffered in a Salvadoran prison, after reaching a settlement with the federal government, according to Massachusetts federal court documents.

  • April 17, 2024

    Ga. High Court Urged To Broaden Atty Malpractice Time Limit

    Counsel for an Atlanta restaurateur urged the Supreme Court of Georgia on Wednesday to revive a malpractice claim against his former lawyer by allowing for a more expansive statute of limitations when breach of contract claims enter the mix.

  • April 17, 2024

    2nd Circ. Won't Revive Investor Fight Over Honeywell Spinoff

    The Second Circuit affirmed Wednesday the dismissal of a proposed securities class action accusing a bankrupt Honeywell transportation business spinoff of misleading investors about significant risks it faced under its asbestos-liability indemnity deal with Honeywell, finding that the spinoff was frank about the uncertainty of its financial future.

  • April 17, 2024

    NC Justices Fear UNC Doc Wants 'Dramatic' Immunity Expansion

    The North Carolina Supreme Court expressed concern Wednesday over a "dramatic" broadening of public official immunity if they accepted the arguments of a University of North Carolina doctor looking to escape a defamation lawsuit alleging he made up accusations to incite a vindictive investigation into a going away party for a subordinate.

  • April 17, 2024

    3 Takeaways From Revived Obviousness Case On J&J Patent

    A Federal Circuit ruling from earlier this month that told a judge to reconsider upholding a Johnson & Johnson schizophrenia drug patent emphasizes that analyzing whether a patent is invalid as obvious requires focusing on what it actually claims and an inventor's creativity, attorneys said.

  • April 17, 2024

    SpaceX's NLRB Suit Stays In Calif. After 5th Circ. Deadlock

    SpaceX's challenge to the National Labor Relations Board's constitutionality will be heard in California federal court after the full Fifth Circuit deadlocked Wednesday on the company's bid for review of a panel decision letting the suit's transfer from Texas stand.

  • April 17, 2024

    3rd Circ. Won't Reinstate NJ's 'County Line' Ballot

    The Third Circuit on Wednesday backed a federal judge's order barring New Jersey's long-standing ballot design in the upcoming Democratic primary, finding that the unique design is discriminatory and severely burdens the rights of non-endorsed candidates.

  • April 17, 2024

    Mich. Justice Warns Of Price Tag In School Liability Case

    A Michigan Supreme Court justice on Wednesday said a victory for a mother seeking to hold a school liable for her toddler's dangerous fall from bleachers could have far-reaching implications, potentially requiring expensive upgrades at public buildings across the state, including courthouses.

  • April 17, 2024

    Fired Whistleblowers' Right To Sue Vital, Mich. Justices Hear

    A former Fiat Chrysler plant employee told a mostly quiet Michigan Supreme Court on Wednesday that state regulators should not be his only option for recourse after he was terminated, allegedly for reporting a workplace safety concern, arguing that Michigan workers will be hung out to dry if they can't bring their own lawsuits against employers.

  • April 17, 2024

    Port Authority Worker Takes Race Bias Suit To 3rd Circ.

    A Black woman who claimed the Port Authority of New York and New Jersey didn't promote her because of her race and complaints about discrimination told the Third Circuit on Wednesday that a lower court ignored facts that should have worked in her favor when it dismissed her lawsuit.

  • April 17, 2024

    3rd Circ. Erases $10M Judgment In Car Charities' TM Dispute

    The Third Circuit on Wednesday erased a $10 million judgment awarded to a charity that sells donated cars for children's education, saying a lower court made a series of errors in concluding that unreasonable delays did not bar claims from Texas-based America Can Cars for Kids in a trademark dispute with a similar charity.

  • April 17, 2024

    2nd Circ. Doubts Adidas Appeal In Thom Browne TM Case

    A Second Circuit panel on Wednesday appeared skeptical of Adidas' arguments that a Manhattan district judge gave improper instructions to a jury that shot down its trademark infringement claims against fashion brand Thom Browne, suggesting the lower court had laid out the issues fairly.

  • April 17, 2024

    Colo. Labor Dept. Says Amazon's Holiday Pay Must Be In OT

    The Colorado Department of Labor and Employment told the state Supreme Court that Amazon's holiday incentive pay is similar to shift differentials, backing warehouse workers' arguments that the pay should have been included in their overtime compensation.

  • April 17, 2024

    FDA Tells Justices It Has A Better Vape Case In Mind

    The U.S. Food and Drug Administration has told the U.S. Supreme Court that if it wants to address the agency's decision not to approve applications for flavored e-cigarettes, there is a better case in the pipeline than the appeal lodged by Lotus Vaping Technologies that the justices should choose instead.

  • April 17, 2024

    States, Biz Groups Back Fight Over DOE Furnace Rules

    Eighteen states and several business associations are backing gas utility groups' challenge to the U.S. Department of Energy's tighter energy efficiency standards for furnaces and water heaters, telling the D.C. Circuit that the agency is unlawfully forcing a switch to new appliances.

  • April 17, 2024

    Racetrack's Unlisted Use Unremarkable, Mich. Justice Says

    A Michigan Supreme Court justice said Wednesday it was not "particularly remarkable" that a zoning ordinance did not list all approved commercial uses, as residents push the court to restrict a race dragway's operations, noting that the law uses examples because it would be impossible to list everything allowed.

  • April 17, 2024

    Tax Challenge Viable In Court, Philip Morris Tells NC Justices

    A North Carolina administrative court has the power to find a state tax law unconstitutional, tobacco company Philip Morris USA has told the state Supreme Court in its attempt to avoid a more than $300,000 franchise tax bill.

Expert Analysis

  • Policy Misrepresentations Carry Insurance Rescission Risks

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    The Second Circuit's recent decision in Medical Mutual v. Gnik, finding that material misrepresentation in a clinic's insurance applications warranted policy rescission, is a clear example of the far-reaching effects that misrepresentations can have and provides a reminder that policyholders should employ relatively straightforward steps to decrease risks, say attorneys at Hunton.

  • Back Labels In False Ad Cases Get Some Clarity In 9th Circ.

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    Courts in the Ninth Circuit have recently delivered a series of wins to advertisers, making clear that any ambiguity on the front of a product's package can be resolved by reference to the back label — which guarantees defendants a powerful tool to combat deceptive labeling claims, say attorneys at Patterson Belknap.

  • What Bankruptcy Deadline Appeal May Mean For Claimants

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    If the Third Circuit reverses a recent appeal made in In re: Promise Healthcare, litigation claimants within the circuit will not be able to rely on the proof of claim process to preserve the claim — but if the court affirms, the U.S. Supreme Court may need to step in to resolve the circuit split on this issue, say attorneys at DLA Piper.

  • Why Fed. Circ. Should Resolve District Split On Patent Statute

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    A split exists among district courts in their analysis of when marking cannot be done on a patented article due to its character, and the Federal Circuit should consider clarifying the analysis of Section 287(a), a consequential statute with important implications for patent damages, say Nicholas Nowak and Jamie Dohopolski at Sterne Kessler.

  • Employers Beware Of NLRB Changes On Bad Faith Bargaining

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    Recent National Labor Relations Board decisions show a trend of the agency imposing harsher remedies on employers for bad faith bargaining over union contracts, a position upheld in the Ninth Circuit's recent NLRB v. Grill Concepts Services decision, says Daniel Johns at Cozen O'Connor.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • When Trade Secret Protection And Nat'l Security Converge

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    The Trump administration's anti-espionage program focused on China is over, but federal enforcement efforts to protect trade secrets and U.S. national security continue, and companies doing business in high-risk jurisdictions need to maintain their compliance programs to avoid the risk of being caught in the crosshairs of an investigation, say attorneys at Baker McKenzie.

  • Why Incorporating By Reference Is Rarely Good Practice

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    The Federal Circuit’s recent ruling in Promptu Systems v. Comcast serves as a reminder that while incorporating by reference may seem efficient, it is generally prohibited by courts and can lead to sanctions when used to bypass a word count limit, says Cullen Seltzer at Sands Anderson.

  • Strategies For Defense Attys To Subpoena A Nonparty Witness

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    Federal criminal defendants seeking to subpoena potentially exculpatory information from nonparty witnesses must satisfy a stringent standard and should consider several often overlooked arguments to assure courts they’re not engaging in a fishing expedition, says James Roberts at Schlam Stone.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • ESG Challenges In Focus After Sierra Club Opposes SEC Rule

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    The Sierra Club's recent objection to the U.S. Securities and Exchange Commission's climate-related disclosures for investors presents an unusual — pro-disclosure — legal challenge and an opportunity to take a close look at the varying critiques of ESG regulations, say Colin Pohlman, and Jane Luxton and Paul Kisslinger at Lewis Brisbois.

  • Opinion

    High Court Should Settle Circuit Split On Risk Disclosures

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    The U.S. Supreme Court should grant the petition for writ of certiorari in the Facebook case to resolve a growing circuit split concerning when risk disclosures can be misleading under federal securities laws, and its decision should align with the intent of Congress and the U.S. Securities and Exchange Commission, says Richard Zelichov at DLA Piper.

  • Opinion

    Why Supreme Court Should Allow Repatriation Tax To Stand

    If the U.S. Supreme Court doesn't reject the taxpayers' misguided claims in Moore v. U.S. that the mandatory repatriation tax is unconstitutional, it could wreak havoc on our system of taxation and result in a catastrophic loss of revenue for the government, say Christina Mason and Theresa Balducci at Herrick Feinstein.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

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    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

  • High Court's Jan. 6 Rioter Case May Have Wide Ripple Effects

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    The U.S. Supreme Court will soon hear oral arguments in Fischer v. United States, a case that will determine whether a law enacted after the Enron scandal can be used to prosecute Jan. 6 rioters, and could affect the government’s ability to charge those who impede a range of official proceedings, say Brook Dooley and Sara Fitzpatrick at Keker Van Nest.

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