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Hints Of A New High Court Majority Emerge In Trump Cases

The U.S. Supreme Court's recent rejection of President Donald Trump's bid to keep frozen nearly $2 billion in foreign aid funding gave court watchers a glimpse of a coalition majority that could end up thwarting some of the president's more aggressive and novel attempts to expand executive power.
March 18, 2025
Port Project Fight Belongs in Arbitration, 3rd Circ. Hears

An affiliate of Latin America-focused investment and asset management firm Notarc is urging the Third Circuit to send its dispute over control of a lucrative $1 billion port project near the Panama Canal to arbitration, saying a lower court mistakenly ruled the claims fell outside an underlying arbitration clause.
March 18, 2025
FCC Quarterly Subsidy Rate Should Be Zero, Group Says

The Federal Communications Commission should set the fee that telecom companies have to pay to fund the agency's telecom subsidy system to zero for the next quarter, says a group that is in the middle of challenging the agency's right to collect those fees at all.
March 18, 2025
Norfolk Southern Asks Justices To Skip CSX's Antitrust Case

There's no reason the U.S. Supreme Court should disturb a Fourth Circuit ruling finding railway giant CSX waited too long to bring an antitrust lawsuit against Norfolk Southern over a switching line the two companies have been fighting over for years now, Norfolk has told the justices.
March 18, 2025
Trump Admin Asks 4th Circ. To Halt Employee Rehiring Order

The Trump administration on Monday evening asked the Fourth Circuit for an emergency stay of a Maryland federal judge's restraining order requiring the reinstatement of probationary employees who were fired from 18 federal agencies, saying the suing states don't have standing to represent the fired workers.
March 18, 2025
6th Circ. Panel Torn On Reviving Chevy Cruze Emissions Suit

A Sixth Circuit panel wrestled Tuesday with whether it is precedent-bound to revive claims that General Motors misled car buyers about the emissions of Chevrolet Cruze vehicles marketed as having "clean" diesel engines.
March 18, 2025
Judge Sets Deadline For DOJ Answers On Deportation Flights

U.S. Chief District Judge James Boasberg gave the Trump administration until Wednesday at noon to provide more details about deportation flights that may have violated his order halting the deportations of alleged Venezuelan gang members.
March 18, 2025
10th Circ. Judge Probes Colo. On Opt-Out Law's Lender 'Focus'

A Tenth Circuit judge asked Colorado how it can claim that an interest rate opt-out provision hinges on a borrower's location when "it's pretty clear" the statute it falls under is focused on lenders, at a hearing Tuesday in banking groups' challenge to a state law capping interest rates on consumer lending.
March 18, 2025
Google, Apple Urge 9th Circ. To Reject Search Collusion Case

Google and Apple are urging the Ninth Circuit to reject an appeal from an advertiser seeking to revive a case accusing Google of paying Apple to stay out of the search market, arguing that a ruling in the government's search case against Google has nothing to do with the claims.
March 18, 2025
Enbridge, Whitmer Spar Over Immunity In Line 5 Lawsuit

A lawyer for Michigan's governor faced tough questioning Tuesday from a three-judge Sixth Circuit panel considering her request to toss Enbridge Energy LP's lawsuit over the Line 5 pipeline, though a judge also suggested that the company's requested relief in the case was "extraordinarily broad."
March 18, 2025
Tax Court Cleared To Resolve IRS Offset Feud, Justices Told

The U.S. Tax Court can still adjudicate a case challenging an Internal Revenue Service collection action even after the agency tried to improperly zero out the disputed liability in an attempt to dismiss the suit, a New Jersey woman told the U.S. Supreme Court.
March 18, 2025
DC Circ. Seems Divided Over Firings Of Agency Officials

A D.C. Circuit panel on Tuesday questioned whether nearly century-old U.S. Supreme Court protections for some federal agency officials cover members of the Merit Systems Protection Board and National Labor Relations Board.
March 18, 2025
Split 7th Circ. Says Texts For Free Services Don't Violate TCPA

A divided Seventh Circuit panel on Monday refused to revive a putative Telephone Consumer Protection Act class action over a company's texts and calls offering free nutritional services through the lead plaintiff's state and Medicaid funded healthcare plan, finding the messages weren't telephone solicitations because he wasn't being encouraged to purchase anything.
March 18, 2025
DC Circ. Gives FERC Chance To Redo LNG Project Approvals

The D.C. Circuit Tuesday said it would allow the Federal Energy Regulatory Commission to fix problems in its reauthorizations for two natural gas projects in Texas, revising an August 2024 decision vacating the reauthorizations altogether after the commission said President Donald Trump's revocation of environmental orders should clear them.
March 18, 2025
Ohio Appeals Court Blocks Trans Care Restrictions

An Ohio state appeals court on Tuesday ruled that a portion of a state law restricting gender-affirming care for transgender youth was unconstitutional, overturning a county court judge's decision siding with the state.
March 18, 2025
10th Circ. Pokes Holes In Walmart's Defenses In Bias Suit

A talkative Tenth Circuit panel seemed inclined Tuesday to revive a Walmart employee's lawsuit alleging he was discriminated against for being gay, as the court's chief judge appeared incredulous that evidence of slurs and other derogatory comments being thrown around the workplace weren't enough to sustain his harassment claim.
March 18, 2025
Karen Read Asks 1st Circ. To Intervene As 2nd Trial Looms

Karen Read on Tuesday asked the First Circuit to consider her so far unsuccessful bid to claim double jeopardy to avoid another trial for allegedly killing her boyfriend with her SUV, telling the panel that the trial judge assumed, but never verified, that the first jury was deadlocked on all charges.
March 18, 2025
99 Hudson Developer Loses Appeal In Buyers' NJ Fraud Suit

A New Jersey state judge's refusal to send a fraud lawsuit against the developer of the 99 Hudson condominium complex in Jersey City to arbitration was valid, a state appellate panel ruled Tuesday, saying the contract lacked clear language that the plaintiffs were waiving their statutory right to seek relief in court.
March 18, 2025
Kaiser Insurer Says Ch. 11 Plan Doesn't Protect Against Fraud

Truck Insurance Exchanged told a panel of Fourth Circuit judges Tuesday that the confirmed Chapter 11 plan of Kaiser Gypsum Co. should be overturned as a bad faith filing because it doesn't impose simple measures to prevent asbestos injury claim fraud.
March 18, 2025
News Union Backs NLRB Order Against Pittsburgh Paper

The Pittsburgh Post-Gazette bargained in bad faith with its reporters' union by insisting on unilateral control over their job terms based on vague concerns about the journalism industry, the union told the Third Circuit, urging a panel to enforce a National Labor Relations Board ruling.
March 18, 2025
11th Circ. Upholds GE Arb. In Algerian Power Plant Lawsuit

An Eleventh Circuit panel on Tuesday affirmed a lower court's ruling forcing reinsurers of an Algerian power plant into arbitration over a $28 million turbine failure, saying the plant's owner ultimately benefited from the services contract between General Electric and the plant operator.
March 18, 2025
Texas Tells 5th Circ. Trump Executive Order Nixes Pay Ruling

The Texas attorney general told the Fifth Circuit that its ruling in favor of the Biden administration's mandate increasing the minimum wage for federal contractors to $15 per hour must now be thrown out because President Donald Trump overturned the rule in an executive order last week.
March 18, 2025
NC Dance Teams' TM Feud Likened To MLB Rivalry At 4th Circ.

An attorney for a North Carolina charter school on Tuesday used one of the biggest rivalries in Major League Baseball to illustrate for the Fourth Circuit how two former teachers stole its allegedly trademarked dance team name and used pictures of the school's team to trick parents.
March 18, 2025
Chief Justice Speaks Out After Trump's Impeachment Push

U.S. Supreme Court Chief Justice John G. Roberts Jr. issued a rare statement Tuesday saying "impeachment is not an appropriate response to disagreement concerning a judicial decision" after President Donald Trump called for impeaching a judge who blocked the deportation of Venezuelans.
March 18, 2025
DC Circ. Denies Copyright For AI-Created Artwork

The D.C. Circuit on Tuesday rejected an inventor's appeal to obtain a copyright for an artwork made by his artificial intelligence system, affirming the stance from the U.S. Copyright Office that the law protects only human creations.
March 17, 2025
US Chamber Says FCA Qui Tam Provisions Unconstitutional

The U.S. Chamber of Commerce on Monday endorsed a legal challenge aimed at bringing down the whistleblower provisions in the False Claims Act, arguing there is a "manifest conflict between the modern FCA's qui tam provisions and Article II's text."

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

FINAL UPDATE January 14, 2025 | President Joe Biden put 235 lifetime judges on the federal bench which added to the courts' professional and demographic diversity — a sharp break from former President Donald Trump, whose confirmed judicial nominees were 84% white and 76% male.

Expert Analysis

How Fed. Circ. Ruling Complicates Patent Infringement Cases

The Federal Circuit's decision last month in Kroy IP Holdings v. Groupon may make defending patent infringement claims more challenging, time-consuming and expensive — but it has also complicated similar patent infringement proceedings involving the same patents and their appeals, say attorneys at Norton Rose.
The Revival Of Badie Arbitration Suits In Consumer Finance

Plaintiffs have recently revived a California appellate court's almost 30-year-old decision in Badie v. Bank of America to challenge arbitration requirements under the Federal Arbitration Act, raising issues banks and credit unions in particular should address when amending arbitration provisions, say attorneys at Orrick.
Making The Case For Rest In The Legal Profession

For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
1st Circ. IMessage Ruling Illustrates Wire Fraud Circuit Split

The First Circuit’s recent decision that text messages exchanged wholly within Massachusetts but transmitted by the internet count as interstate commerce spotlights a split in how circuits interpret intrastate actions under the federal wire fraud statute, perhaps prompting U.S. Supreme Court review, say attorneys at ArentFox Schiff.
4 Ways Women Attorneys Can Build A Legal Legacy

This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
Justices' Revival Ruling In Bias Suit Exceeds Procedural Issue

The U.S. Supreme Court's recent ruling in Waetzig v. Halliburton allowed the plaintiff in an age discrimination lawsuit to move to reopen his case after arbitration, but the seemingly straightforward decision on a procedural issue raises complex questions for employment law practitioners, says Christopher Sakauye at Dykema.
Cleanup Claim Characterization Key For Timeliness Inquiry

The Tenth Circuit's recent ruling in Atlantic Richfield Co. v. NL Industries, determining that ARCO's contribution claim was timely, highlights the importance of accurately characterizing a claim for recoupment of environmental cleanup costs as a cost-recovery action or contribution to avoid dismissal or recharacterization of the claim, say attorneys at Spencer Fane.
A Judge's Pointers For Adding Spice To Dry Legal Writing

U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
A Closer Look At Money Laundering Sentencing Issues

Federal money laundering cases are on the rise, often involving lengthy prison sentences for defendants who have little to no criminal history, but a closer look at the statistics and case law reveal some potentially valuable arguments that defense attorneys should keep in their arsenal, says Sarah Sulkowski at Gelber & Santillo.
Justices Likely To Issue Narrow Ruling In $1.3B Award Dispute

After last week's argument in Devas v. Antrix, the Supreme Court appears likely to reverse the holding that minimum contacts are required before a federal court may exercise personal jurisdiction over a foreign state and remand the case for further litigation on other important constitutional questions, say attorneys at Cleary.
Pleading Rules At Stake In High Court Hamas Banking Case

While a case between victims of Hamas terrorist attacks and a Lebanese bank, recently argued before the U.S. Supreme Court, appears to ask a narrow question of which civil procedure rules apply to requests to reopen final judgments, how the justices rule could drastically change pleading strategies for future plaintiffs, say attorneys at Dorsey & Whitney.
What's At Stake In High Court Transgender Care Suit

The outcome of U.S. v. Skrmetti will have critical implications for the rights of transgender youth and their access to gender-affirming care, and will likely affect other areas of law and policy involving transgender individuals, including education, employment, healthcare and civil rights, say attorneys at ArentFox Schiff.
Considerations As Trump Admin Continues To Curtail CFPB

Recent sweeping moves from the Consumer Financial Protection Bureau's new leadership have signaled a major shift in the agency's trajectory, and regulated entities should prepare for broader implications in both the near and long term, say attorneys at Pryor Cashman.
6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'

The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.
NCAA Rulings Signal Game Change For Athlete Classification

A Tennessee federal court's recent decision in Pavia v. NCAA adds to a growing call to consider classifying college athletes as employees under federal law, a change that would have unexpected, potentially prohibitive costs for schools, says J.R. Webster Cucovatz at Gilson Daub.