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Circuit-By-Circuit Guide To 2024's Most Memorable Moments

One judge said a litigant's position would cause "an effing nightmare," and another decried the legal community's silence amid "illegitimate aspersions." Public officials literally trashed one court's opinion, and fateful rulings dealt with controversial politicians, social media and decades of environmental policy. Those were just a few appellate highlights in 2024, a year teeming with memorable moments both substantive and sensational.
January 06, 2025
On Jan. 6 Anniversary, DOJ Updates Riot Prosecutions

On the fourth anniversary of the deadly attack on the U.S. Capitol and the day President-elect Donald Trump's victory was to be made official, the U.S. Department of Justice announced that over 1,500 defendants have been charged with federal crimes related to the insurrection.
January 06, 2025
Conn. Justices Won't Hike Benefits Cut For Law Partner's Ex

The ex-husband of a law firm partner cannot secure a bigger cut of the partner's retirement funds because the payments from the firm are too "speculative" to qualify as property, the Connecticut Supreme Court ruled 5-1 on Monday.
January 06, 2025
Arkansas' Justices Block New Chief From Firing Officials

The Arkansas Supreme Court has blocked an attempt by its new chief justice to terminate 10 state court employees, saying that the proposed terminations appear to be "retaliatory" and "would disrupt the administration of justice across the state."
January 06, 2025
2nd Circ. Says Argent Can't Force ESOP Suit To Arbitration

The Second Circuit knocked down Argent Trust Co.'s bid to arbitrate a case alleging the wealth management company sold inflated shares to a barbecue chain's employee stock ownership plan, after ruling in a similar case that identical arbitration contract language wasn't enforceable.
January 06, 2025
7th Circ. Affirms Do Not Call Liability, But Balks At $28M Fine

The Seventh Circuit vacated a $28.6 million penalty against two sales companies over unwanted telemarketing calls Friday, but upheld a district court ruling that they shared liability, ordering the lower court to reconsider the penalty and whether the companies could pay it.
January 06, 2025
Trump Seeks To Stop Sentencing Before Inauguration

Donald Trump asked the New York state judge presiding over his hush money case to suspend his Jan. 10 sentencing while the president-elect appeals the court's refusal to throw out the charges based on presidential immunity, according to a filing released Monday.
January 06, 2025
Disney Buy Ends Fubo Sports Streaming Suit

Disney and Fubo announced a deal Monday morning to combine the streaming startup with Disney's Hulu + Live TV business, in an agreement that ends Fubo's lawsuit that had so far successfully challenged a three-way live sports streaming joint venture between Disney's ESPN, Fox and Warner Bros. Discovery.
January 03, 2025
3rd Circ. Won't Hit Brakes On NY Congestion Toll Launch

New York City's highly litigated congestion pricing toll program began Sunday morning after the Third Circuit denied an emergency motion for an injunction to delay it while an appeal by the state of New Jersey unfolds.
January 03, 2025
Feds Fight Trump-Backed Bid For Justices To Stop TikTok Ban

The Biden administration on Friday urged the U.S. Supreme Court to reject a call backed by President-elect Donald Trump to freeze the looming deadline for TikTok to divest from its Chinese parent company or face a nationwide ban, arguing that the video-sharing app's First Amendment claims continue to fall flat.
January 03, 2025
CashCall Still On Hook For $134M To CFPB, 9th Circ. Rules

The Ninth Circuit on Friday affirmed a $134.1 million restitution payment CashCall Inc. owes to the Consumer Financial Protection Bureau, saying in a published opinion that the loan company's voluntary participation in a bench trial meant that it had waived a right to a jury trial.
January 03, 2025
Justices Urged To Review Late-Found Fraud, Int'l IP Damages

The winner of a $6.6 million patent infringement verdict is asking the U.S. Supreme Court to review the Federal Circuit's refusal to increase those damages, saying the court set an improper standard for introducing fraud evidence discovered post-trial and overstepped when making unbriefed decisions on foreign damages.
January 03, 2025
Mass. Justices Affirm $29M Award In Leg Amputation Suit

The top court in Massachusetts on Friday upheld a nearly $29 million payout in a patient's lawsuit that accused two nurses and a physician assistant of causing his leg amputation, saying the details of a settlement agreement with two of the three healthcare professionals was properly excluded at trial.
January 03, 2025
States Debate High Court Solution To Election Map Catch-22

Louisiana has implored the U.S. Supreme Court to decisively resolve litigation over its federal election map in one of three ways, suggesting the justices could toss the case on standing, decide the merits, or, preferably, find that federal courts have no role in refereeing redistricting disputes.
January 03, 2025
Energy Co. Urges 400-Mile Transfer Of Discrimination Suit

A North Texas energy company told a state appeals court Thursday that a former employee's discrimination and libel suit belongs in Tarrant County, arguing the man dishonestly claimed that a substantial part of the suit's events took place more than 400 miles away.
January 03, 2025
Energy Cos. Ask Top Calif. Court To End Climate Change Suits

A half-dozen global energy giants urged California's top court Thursday to review a lower court's decision allowing climate change suits against them to proceed, arguing that California courts don't have jurisdiction over claims stemming from global fossil fuel use.
January 03, 2025
Pa. Court Says State Can Bar Compromised Voting Machines

Pennsylvania's top election official had the power to rescind Fulton County's permission to use its Dominion electronic voting machines, after county officials allowed third parties to inspect them following the 2020 election, a state appellate court has ruled.
January 03, 2025
PBMs 'Wasting' Time in Opioid MDL Discovery Spat: Judge

An Ohio federal judge overseeing multidistrict opioid litigation on Friday denied pharmacy benefit managers a stay to appeal a discovery order and said he believed the PBMs were "wasting" the court's time.
January 03, 2025
9th Circ. Judge Says Asylum Seekers Can Use Appeals To Stall

A Ninth Circuit judge has called to overturn a 20-year precedent that he said allows people to game their immigration appeals for more time in the country, after a divided panel affirmed the denial of a Ukrainian man's asylum bid.
January 03, 2025
4th Circ. Won't Revive Bias Suit Over SBA Small Biz Program

A disabled veteran's constitutional challenge to a Small Business Administration contracting program over racial bias concerns must fail because the veteran didn't actually qualify for the program, the Fourth Circuit ruled Friday.
January 03, 2025
Mich. Justices Asked To Ease Hospital Liability Standard

A patient has urged the Michigan Supreme Court to clear up the standards for when hospitals can be liable for the mistakes of doctors who treat patients as independent contractors, saying a recent decision by the state's intermediate appellate court added an unwarranted hurdle to holding hospitals responsible.
January 03, 2025
Fed. Circ. Upholds Cancellation Of TMs On Pink Hip Implants

The Federal Circuit on Friday said a trademark panel correctly canceled a German medical supplier's trade dress protections for the color pink in a hip joint implant part because the color is functional, citing the company's previous patents and public statements to support that conclusion.
January 03, 2025
Ohio Panel Backs Class Cert. In Farmers Total Loss Suit

An Ohio trial court properly granted class certification over a man's claims that a Farmers Insurance unit failed to pay Ohio insureds state and local sales tax for vehicles insured under their auto policies, a state appeals court ruled while limiting the class only to insureds who suffered a total loss.
January 03, 2025
Hertz Off The Hook For $337M Bond In Claim Recalculation Tiff

A Delaware bankruptcy judge said Hertz Corp. doesn't need to post a $337.4 million bond while she uses an appeals court decision on underpaid interest to recalculate a group of unsecured noteholders' claims, writing the request would alter Hertz's more than 3-year-old Chapter 11 plan and give the noteholders better treatment than other creditors.
January 03, 2025
GOP Defends FEC Discretion To Ax Campaign Finance Cases

The GOP is backing the Federal Election Commission's bid to preserve a line of D.C. Circuit cases barring judges from second-guessing the commission's refusal to take enforcement actions, urging the en banc appeals court to safeguard "the careful, conscious congressional plan for the agency."
January 03, 2025
Split NC Panel Says Video Sweepstakes Games Are Unlawful

A split North Carolina appellate panel has ruled that a company's video sweepstakes kiosks violate state prohibitions on luck-based gambling and that a lower court should have allowed regulators to take the machines out of service.

Editor's Picks

12 Lawyers Who Are The Future Of The Supreme Court Bar

One attorney hasn't lost a single U.S. Supreme Court case she's argued, or even a single justice's vote. One attorney is perhaps "the preeminent SCOTUS advocate." And one may soon become U.S. solicitor general, despite acknowledging there are "judges out there who don't like me." All three are among a dozen lawyers in the vanguard of the Supreme Court bar's next generation, poised to follow in the footsteps of the bar's current icons.
How Reshaped Circuit Courts Are Faring At The High Court

Seminal rulings from the U.S. Supreme Court's latest term will reshape many facets of American society in the coming years. Already, however, the rulings offer glimpses of how the justices view specific circuit courts, which have themselves been reshaped by an abundance of new judges.
Law360's Guide To Biden's Judicial Picks

UPDATED December 20, 2024 | President Joe Biden is shaping the federal judiciary by adding to the courts' professional and demographic diversity — a sharp break from former President Donald Trump, who made the judiciary more homogeneous as the judges confirmed under him were 84% white and 76% male.

Expert Analysis

Exploring Venue Strategy For Trump-Era Regulatory Litigation

Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
Lessons Learned From 2024's Top FMLA Decisions

Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.
5th Circ.'s Nasdaq Ruling Another Piece In DEI Policy Puzzle

The Fifth Circuit's recent en banc opinion vacating Nasdaq's board diversity listing rule wades into the hotly debated topic of diversity, equity and inclusion initiatives at a time when many public companies are navigating the attention that DEI commitments are drawing from activists and shareholders, say attorneys at Debevoise.
Lessons Learned From 2024's Top ADA Decisions

Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.
Series

Playing Esports Makes Me A Better Lawyer

Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
The 6 Most Significant FCRA Litigation Developments Of 2024

From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.
Fed. Circ. In December: A Patent Prosecution History Lesson

Despite relying on two rock-solid principles of patent law, DDR lost its Federal Circuit case against Priceline.com, highlighting how a change in the scope of the invention from the provisional to the nonprovisional application can affect the court's analysis of how a skilled artisan would understand claim terms after reading the prosecution history, say attorneys at Knobbe Martens.
An Associate's Guide To Career Development In 2025

As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
The Securities Litigation Trends That Will Matter Most In 2025

2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.
What To Watch For In The 2025 Benefits Landscape

While planning for 2025, retirement plan sponsors and service providers should set their focus on phased implementation deadlines under both Secure 1.0 and 2.0, an upcoming U.S. Supreme Court ruling, and the fate of several U.S. Department of Labor regulations, says Allie Itami at Lathrop GPM.
Reviewing 2024's Crucial Patent Law Developments

As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.
Contract Disputes Recap: Adjustments, Preclusion, Waivers

Ken Kanzawa at Seyfarth examines three recent decisions from the Civilian Board of Contract Appeals, the U.S. Court of Federal Claims and the Armed Services Board of Contract Appeals that examine distinctions between requests for equitable adjustments and claims, forum selection and res judicata, and the waiver of penalties for expressly unallowable costs.
The Justices' Securities Rulings, Dismissals That Defined '24

The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.
10 Noteworthy CFPB Developments From 2024

In a banner year for consumer finance regulation, the Consumer Financial Protection Bureau made significant strides in its efforts to rein in Big Tech and nonbank financial firms, including via rules regarding open banking, credit card late fees, and buy now, pay later products, say attorneys at Wiley.
Series

Fixing Up Cars Makes Me A Better Lawyer

From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.