Try our Advanced Search for more refined results
Appellate
-
Featured
After Rahimi Win, Feds Set Sights On Felon Gun Ban
In a bid to capitalize on last week's U.S. Supreme Court ruling upholding a federal law that prohibits domestic abusers from possessing firearms, the U.S. solicitor general has called on the justices to next tackle a slew of constitutional challenges to the separate, sweeping ban on people convicted of felonies owning guns.
-
July 08, 2024
5th Circ. Unstrings Gibson's Win In Guitar Design TM Fight
Gibson must retry its case alleging a rival guitar maker sold counterfeit instruments that infringed its trademark on the Flying V guitar and other iconic models, the Fifth Circuit ruled Monday, saying the district court improperly excluded evidence.
-
July 08, 2024
Shopify Privacy Ruling Threatens AGs' Work, 9th Circ. Told
Attorneys general from 30 states and the District of Columbia, along with a trio of California city attorneys, are calling on the Ninth Circuit to revive a proposed class action accusing payment processing company Shopify of collecting shoppers' sensitive information without permission, arguing that the dispute threatens to deprive them of their ability to enforce their states' consumer protection laws.
-
July 08, 2024
Would-Be Pot Co. Rainmaker Still Not Liable For Alleged Fraud
A Colorado Court of Appeals panel has affirmed the outcome of a jury trial in which a businessman was found not liable for defrauding a cannabis company, concluding that it would have been highly prejudicial to tell jurors the businessman was sanctioned in the case for fabricating evidence.
-
July 08, 2024
Judge's Error Reverses Med Mal Atty Sanctions, Panel Rules
A Pennsylvania Superior Court ruled Monday that a Philadelphia trial court erred by imposing sanctions on counsel in a long-running medical malpractice suit against a hospital, saying sanctions can't be based on a broad courtwide policy attempting to speed up medical malpractice cases.
-
July 08, 2024
Fla. Judge Facing Reprimand For Spreading Campaign Gossip
A Florida judge has agreed to a public reprimand for disseminating unreliable allegations about her opponent for a judicial seat that insinuated the opponent fraudulently obtained money from the Paycheck Protection Program, according to documents filed Monday.
-
July 08, 2024
2nd Circ. Lets Rail Co. Retool Suit Against Big Banks
The Second Circuit on Monday restored Eddystone Rail Co. LLC's lawsuit targeting Bank of America NA and other banks for their alleged roles helping an oil transportation and logistics company evade liability in a roughly $140 million contract dispute, reasoning that the rail company still has time to amend its complaint.
-
July 08, 2024
Fed. Circ. Won't Let Charter Shake Off Texas Patent Suit
The Federal Circuit on Monday turned down an argument from Charter Communications to direct a lower court in Marshall, Texas, to toss a patent infringement suit it's facing — less than a year after the cable company lost a nearly identical argument in a different patent case before the appeals court.
-
July 08, 2024
11th Circ. Reverses Halt On Ga. Election Spending Probe
The Eleventh Circuit on Monday threw out a district court ruling blocking Georgia officials from enforcing a state campaign finance law against two nonprofits founded by Stacey Abrams that challenged the law's constitutionality, holding that the lower federal court should have abstained in light of a state proceeding.
-
July 08, 2024
3rd Circ. Backs Pa. In Transco's Pipeline Permit Review Fight
The Third Circuit on Monday backed the Pennsylvania state environmental board's authority to review pipeline upgrade permits secured by Transcontinental Gas Pipe Line Co., rejecting the company's assertion that under the federal Natural Gas Act a federal court is the only forum to dispute the issuance of the permits.
-
July 08, 2024
Purdue Creditors Look To Sue Sacklers After Justices' Ruling
The official committee of unsecured creditors in the Chapter 11 case of drugmaker Purdue Pharma asked a New York bankruptcy judge on Monday for standing to bring actions against members of the Sackler family that own the company after the U.S. Supreme Court torpedoed a precarious settlement among the parties.
-
July 08, 2024
Maple Leaf Must Go The Way Of Chevron, Solar Cos. Say
Last month's U.S. Supreme Court decision overturning 40 years of judicial deference to federal agencies' read of statutes puts the Federal Circuit's own brand of executive branch acquiescence squarely on the chopping block, a solar industry group said Monday.
-
July 08, 2024
Full 2nd Circ. Urged To 'Correct' Panel's Insider Trading Ruling
A hedge fund accused of taking advantage of its corporate insider status to profit off swing trading in 1-800-Flowers' stock is urging the full bench of the Second Circuit to reconsider a decision to revive the lawsuit against it, arguing in a Monday petition to the court that the ruling clashes with both U.S. Supreme Court precedent and with controlling Second Circuit precedent on standing.
-
July 08, 2024
Biggest Michigan Decisions Of 2024: A Midyear Report
Michigan's appellate courts started off the year with notable labor and no-fault insurance opinions, allowing retaliation claims from a whistleblower's friends who didn't make any complaints themselves, and clarifying confusing auto insurance coverage changes after legislative reforms. Here is a look at some of the biggest decisions in Michigan so far this year.
-
July 08, 2024
3rd Circ. Doubts SEC Properly Served Ponzi Scheme Suspect
The Third Circuit on Monday appeared skeptical of the U.S. Securities and Exchange Commission's bid to maintain a default judgment against a Swiss resident accused of operating a $1.4 million Ponzi scheme, peppering the agency with questions about how the complaint was served.
-
July 08, 2024
Baseless Lawsuit Rule A 'Catch-22' For Texans, 5th Circ. Told
Those that are labeled vexatious litigants under a Texas statute meant to restrict baseless lawsuits are stuck in a "catch-22" if they seek to file legitimate litigation, a group of Texans told the Fifth Circuit on Monday.
-
July 08, 2024
Clinic Is Liable For Botched Operations, NC Justices Told
A patient claiming she underwent unnecessary and flawed spinal surgery at the hands of a defrocked doctor urged the North Carolina Supreme Court on Friday to let stand a ruling that the practice where he worked and its physicians can be held liable for her treatment.
-
July 08, 2024
Senate Confirms 7th Circ. Judge GOP Slammed For Backlog
The Senate voted 47-43 on Monday evening to confirm U.S. District Judge Nancy L. Maldonado to the Seventh Circuit.
-
July 08, 2024
Federal Circuit Doubts Impropriety Of $4K H-1B Fraud Fee
A Federal Circuit panel seemed unpersuaded Monday by an argument from software companies that a $4,000 fraud fee for H-1B visa petitions does not apply to noncitizens in the U.S. seeking to change their nonimmigrant visa status to H-1B.
-
July 08, 2024
Texas Anesthesia Co. Can't Pause Or Appeal Suit, FTC Says
The Federal Trade Commission urged a Texas federal court not to pause its suit accusing U.S. Anesthesia Partners Inc. of a monopolistic "roll-up" of Lone Star State anesthesia practices, arguing the company can't appeal an order refusing to toss the case against it.
-
July 08, 2024
Justices Told To Ignore 'Hopeless' Challenge To Antitrust Test
A group of wholesalers who say the makers of 5-Hour Energy illegally favored Costco in distributing the energy drink shots told the U.S. Supreme Court on Monday to reject the drink-maker's certiorari petition, saying it asks the justices to take on the role of fact-finders.
-
July 08, 2024
8th Circ. Won't Review Immigration Hardship Determination
A split Eighth Circuit panel held Monday that it can't review whether a Mexican man's U.S. citizen children will experience extreme hardship if he's removed, saying the underlying decision denying him removal relief is discretionary and therefore shielded from judicial review.
-
July 08, 2024
9th Circ. Denies Northrop Retirees' Bid For New Judge
A Ninth Circuit panel on Monday shot down Northrop Grumman pensioners' bid to have their proposed ERISA class action tried before another judge, after two different appellate court panels overturned a lower court judge's two previous dismissals in the matter.
-
July 08, 2024
11th Circ. Revives Fla. Worker's Retaliation Claim
The Eleventh Circuit partially revived a retaliation suit brought by a Florida construction worker who claims he was harassed for being Cuban and unable to speak English and threatened and assaulted after reporting the behavior, before being fired by a company that said it found him sleeping on the job.
-
July 08, 2024
9th Circ. Revives Liability Claims In Welder's Injury Suit
The Ninth Circuit has mostly reversed a summary judgment order that freed a hoist maker and maintenance company from product liability and negligence claims by a welder who was injured when the hoist came loose and struck him in the head.
-
July 08, 2024
DraftKings Hiding Ball On Noncompete Law, 1st Circ. Told
A former DraftKings executive fighting a noncompete so he can work for rival sports-betting upstart Fanatics has told the First Circuit his ex-employer is overlooking the importance of a California law that could unwind the restrictive covenant.
Editor's Picks
-
Thomas' Long Quest To Undo A 'Grave Constitutional Error'
A quarter-century after Justice Clarence Thomas cast a pivotal vote against jury trial rights and rapidly regretted it, his relentless campaign to undo the controversial precedent is suddenly center stage with a serious shot at succeeding, as judges and lawyers increasingly deem the decision dubious and the U.S. Supreme Court chips away at its edges.
-
DC Circuit Cases To Watch In 2024
As the D.C. Circuit heads into 2024, its judges are poised to answer hotly anticipated political questions about former President Donald Trump and his allies, as well as a number of Federal Energy Regulatory Commission cases that could determine the future of certain natural gas projects.
-
Law360's Guide To Biden's Judicial Picks
UPDATED July 8, 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
-
Series
After Chevron: FDA Overreach May Find Itself In Crosshairs
The U.S. Supreme Court's overturning of the Chevron doctrine is likely to unleash an array of challenges against the U.S. Food and Drug Administration, focusing on areas of potential overreach such as the FDA's authority under the Federal Food, Drug and Cosmetic Act, say attorneys at Debevoise.
-
2 Options For Sackler Family After High Court Purdue Ruling
After the U.S. Supreme Court recently blocked Purdue Pharma's plan to shield the family that owns the company from bankruptcy lawsuits, the Sacklers face the choice to either continue litigation, or return to the bargaining table for a settlement that doesn't eliminate creditor claims, says Gregory Germain at Syracuse University.
-
In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
-
Series
After Chevron: Expect Limited Changes In USPTO Rulemaking
The U.S. Supreme Court’s recent ruling overturning Chevron deference will have limited consequences for the U.S. Patent and Trademark Office given the USPTO's unique statutory features, but it is still an important decision for matters of statutory interpretation, especially those involving provisions of the America Invents Act, say Andrei Iancu and Cooper Godfrey at Sullivan & Cromwell.
-
Opinion
It's Time For Nationwide Race-Based Hair Protections
While 24 states have passed laws that prohibit race-based hair discrimination, this type of bias persists in workplaces and schools, so a robust federal law is necessary to ensure widespread protection, says Samone Ijoma and Erica Roberts at Sanford Heisler.
-
Opinion
Justices' Malicious-Prosecution Ruling Shows Rare Restraint
The U.S. Supreme Court’s recent decision in Chiaverini v. City of Napoleon, Ohio, declining to limit malicious-prosecution suits, is a model of judicial modesty and incrementalism, in sharp contrast to the court’s dramatic swings on other rights, says Steven Schwinn at the University of Illinois Chicago Law School.
-
Series
After Chevron: EEOC Status Quo Will Likely Continue
As the legal landscape adjusts to the end of Chevron deference, the U.S. Equal Employment Opportunity Commission’s rulemaking authority isn’t likely to shift as much as some other employment-related agencies, says Paige Lyle at FordHarrison.
-
Series
After Chevron: Impact On Indian Law May Be Muted
Agency interpretations of Indian law statutes that previously stood the test of judicial review are likely to withstand new challenges even after the end of Chevron deference, but litigation in the area is all but certain, say attorneys at Jenner & Block.
-
Opinion
Trump Immunity Ruling Upends Our Constitutional Scheme
The U.S. Supreme Court’s Trump v. U.S. decision elevates the president to imperial status and paves the way for nearly absolute presidential immunity from potential criminal prosecutions — with no constitutional textual support, says Paul Berman at the George Washington University Law School.
-
High Court Paves Middle Ground For Proceedings Obstruction
The U.S. Supreme Court's ruling in Fischer sensibly leaves the door open for prosecutors to make more nuanced assessments as to whether defendants' actions directly or tangentially impair the availability or integrity of anything used in an official proceeding, without criminalizing acts such as peaceful demonstrations, say attorneys at Perry Law.
-
How High Court Approached Time Limit On Reg Challenges
The U.S. Supreme Court's decision in Corner Post v. Federal Reserve Board effectively gives new entities their own personal statute of limitations to challenge rules and regulations, and Justice Brett Kavanaugh's concurrence may portend the court's view that those entities do not need to be directly regulated, say attorneys at Snell & Wilmer.
-
Fed. Circ. Skinny Label Ruling Guides On Infringement Claims
The Federal Circuit's recent decision in Amarin v. Hikma shows generic drug manufacturers must pay close attention to the statements in their abbreviated new drug application labels to put themselves in the best position in defending against an induced infringement claim, say Luke Shannon and Roshan Shrestha at Taft Stettinius.
-
Revisiting Scalia's 'What's It To You?' After Kaiser Ruling
While the U.S. Supreme Court's recent decision in Truck Insurance Exchange v. Kaiser allows insurers to be considered "parties in interest" in Chapter 11 cases, they still need to show they would face an injury in fact, answering the late Justice Antonin Scalia's "what's it to you?" question, say Brent Weisenberg and Jeff Prol at Lowenstein Sandler.
-
Series
After Chevron: FTC's 'Unfair Competition' Actions In Jeopardy
While the U.S. Supreme Court's decision ending Chevron deference will have limited effect on the Federal Trade Commission's merger guidelines, administrative enforcement actions and commission decisions on appeal, it could restrict the agency's expansive take on its rulemaking authority and threaten the noncompete ban, say attorneys at Baker Botts.
-
How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.