Appellate

  • January 27, 2025

    'It's Complicated': 4th Circ. Baffled Over NC Ballot Fight

    The Fourth Circuit on Monday sought to wade through a procedural quagmire over whether a legal challenge involving North Carolina's contested associate justice race belongs in state or federal court, questioning how to proceed after the Tar Heel State's top court last week all but dismissed the matter.

  • January 27, 2025

    Lummis Tells 2nd Circ. SEC 'Flouts' Congress In Crypto Cases

    Sen. Cynthia Lummis, R.-Wyo., told the Second Circuit that the U.S. Securities and Exchange Commission's ongoing suit against Coinbase Inc. has complicated congressional efforts to set rules for digital assets, filing her support for the crypto exchange's bid for a quick ruling from the appeals court on how securities laws apply to the transactions on its platform.

  • January 27, 2025

    Palo Alto Networks Inside-Trader Wins Resentencing At 9th Circ.

    The Ninth Circuit on Monday upheld securities fraud convictions of a former Palo Alto Networks engineer for raking in $7 million by trading on stolen inside information but remanded the case for resentencing, saying a lower court was wrong to use his trading gains to estimate the cybersecurity company's loss.

  • January 27, 2025

    ​​​​​​​States Back In Spotlight As Feds Exit Net Neutrality Debate

    The Sixth Circuit might have recently hammered the last nail into the coffin of federal net neutrality rules, but states are poised to fill the void — just as some did when the last Trump administration tanked a previous broadband regulatory regime.

  • January 27, 2025

    Justices To Weigh Feds' Liability In Ga. Wrong-House Raid

    The U.S. Supreme Court agreed Monday to hear the appeal of a Georgia family that was the victim of a botched FBI no-knock raid of their home, taking up a pair of questions that will test of the boundaries of the Federal Tort Claims Act.

  • January 27, 2025

    Keep Damages Rules, Let Newman Hear Case, Fed. Circ. Told

    The full Federal Circuit has been urged by startups and attorneys to reject calls by Google to tighten rules for admitting patent damages testimony, while counsel for suspended U.S. Circuit Judge Pauline Newman told the court it can't lawfully decide the case without her.

  • January 27, 2025

    4th Circ. Says Servicemembers Law Doesn't Bar Arbitration

    The Fourth Circuit ruled Monday that the Servicemembers Civil Relief Act, a federal law that grants financial protections to members of the U.S. armed forces, does not override mandatary arbitration agreements in lenders' contracts with military borrowers.

  • January 27, 2025

    Civil Liberties Org. Says FDIC's Court 'Eviscerates' Civil Rights

    The New Civil Liberties Alliance told the Fifth Circuit on Monday to spurn the Federal Deposit Insurance Corp.'s attempt to level a fraud judgment against a banker, saying the agency's in-house court sidesteps the constitutional right to a jury trial.

  • January 27, 2025

    Cisco Tells Fed. Circ. To Uphold Win In Cybersecurity IP Row

    Cisco has defended its retrial victory in a multibillion-dollar computer security patent case by telling the Federal Circuit the new judge had seen through a cybersecurity startup's legal "tactics."

  • January 27, 2025

    Justice Thomas Slams 6th Circ. In Habeas Petition Dissent

    U.S. Supreme Court Justice Clarence Thomas on Monday called out the Sixth Circuit for "repeated disrespect" for the law in granting what he said was inappropriate habeas relief, a practice he said is costly to the justice system and victims in a dissent from a denial of writ of certiorari.

  • January 27, 2025

    Yen Libor-Rigging Case Lands Before 2nd Circ. Again

    Institutional investors urge the Second Circuit to again revive a lawsuit accusing Bank of America, UBS and others of rigging the interbank borrowing rate for Japanese yen, arguing in a brief Monday that a lower court judge dismissed the case on "obviously erroneous grounds with little (if any) supporting analysis."

  • January 27, 2025

    3rd Circ. Says Class Cert. Won't Work In Junk Fax Suit

    Since Fox Rehabilitation Services used "highly individualized methods" to seek consent from the entities it sent faxes to, it would be too difficult for a lawsuit accusing the company of sending unsolicited ads to proceed as a class action, a split Third Circuit panel has ruled.

  • January 27, 2025

    Late Filings Didn't Stymie Tax Challenges, Conn. Justices Say

    Failing to file timely appraisals on commercial properties valued over $1 million was not fatal to several owners' tax assessment challenges under a new state law, the Connecticut Supreme Court ruled Monday, agreeing that a trial judge properly reopened the cases months after a missed deadline.

  • January 27, 2025

    6th Circ. Says Union Can't Save Cook For Missing The Boat

    The Sixth Circuit upheld a win for the nation's oldest maritime union Monday, finding that the organization had no ability to defend a cook who was fired by a steamship company after she missed her boat.

  • January 27, 2025

    SEC OKs Nasdaq Pulling Diversity Rules After 5th Circ. Loss

    The U.S. Securities and Exchange Commission has greenlighted Nasdaq's proposal to undo the exchange's rules requiring that companies listed on it disclose board diversity data, following a narrow, en banc ruling from the Fifth Circuit last month finding the rules ran afoul of federal securities law.

  • January 27, 2025

    DC Circ. Skirts Google's Employer Status In NLRB Dispute

    The D.C. Circuit appeared unlikely Monday to decide whether the National Labor Relations Board correctly tagged Google as the joint employer of quality assurance contractors, with a panel seeming skeptical that it can weigh in a year after Google ended its deal with the workers' direct employer.

  • January 27, 2025

    Fed. Circ. Rules Smartphone Camera Patent Claims Are Invalid

    The Federal Circuit ruled Monday that all the claims in a pair of patents relating to smartphone camera technology were invalid, backing most of various Patent Trial and Appeal Board decisions involving tech giants like Apple, Google and LG.

  • January 27, 2025

    Justices Won't Review $90M Facebook Privacy Settlement

    The U.S. Supreme Court on Monday declined to review a case involving a $90 million settlement for claims Facebook illegally tracked logged-out users' browsing activity, rejecting an argument from an objector who challenged plaintiff service awards and $26.1 million in attorney fees.

  • January 27, 2025

    Pa. Social Club Can't Revive COVID-19 Coverage Suit

    The Pennsylvania Superior Court on Monday backed the dismissal of a Scranton social club's suit seeking to recover pandemic-related losses, citing the state high court's landmark ruling last year that physical loss or damage requires tangible alteration to property.

  • January 27, 2025

    Ga. Appeals Panel Revives Malpractice Suit Against Law Firm

    The Georgia Court of Appeals partly reinstated a malpractice suit accusing a Georgia law firm and one of its former attorneys of failing to show up at a client's bench trial that ended with a $100,000 judgment against the client.

  • January 27, 2025

    Broadcom Unit Loses Patent In Netflix Fight At Fed. Circ.

    A Broadcom subsidiary had no luck at the Federal Circuit on Monday in breathing new life into data caching patent claims that were asserted in the chipmaker's legal war with Netflix, but later rejected by the U.S. Patent Trial and Appeal Board.

  • January 27, 2025

    Contractor Seeks DC Circ. Approval Of $200M Arbitral Award

    A toll road contractor asked the D.C. Circuit to approve a $200 million arbitral award against the Peruvian city of Lima over a failed construction contract, saying the city's argument that the contract was obtained through corruption had already been rejected by two arbitration panels and a federal judge.

  • January 27, 2025

    Mich. Justices Strip Eye Doc's Fee Award In Noncompete Row

    The Michigan Supreme Court has stripped an ophthalmologist of his attorney fee award in a noncompete dispute after determining a trial court was within its right to consider that the doctor's successful defense was based on a "false premise," and evidence submitted late was relevant to the issue at hand.

  • January 27, 2025

    Conn. Gov. Taps Appellate Chief For State's High Court

    Connecticut Gov. Ned Lamont announced a host of judicial nominations on Monday, including nominating the chief judge of the Connecticut Appellate Court to the Connecticut Supreme Court and nominating a Connecticut Superior Court judge to fill his seat.

  • January 27, 2025

    SCOTUSblog Publisher Pleads Not Guilty To Tax Crimes

    U.S. Supreme Court advocate and SCOTUSblog co-founder Tom Goldstein pled not guilty in Maryland federal court on Monday to charges that he schemed to evade taxes and used funds from his boutique law firm to cover gambling debts.

Expert Analysis

  • What Employment Bias Litigation Looks Like After Muldrow

    Author Photo

    Nine months after the U.S. Supreme Court created an undemanding standard for discrimination claims in Muldrow v. St. Louis, Eric Schnapper at the University of Washington discusses how the Title VII litigation landscape has changed and what to expect moving forward.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2024

    Author Photo

    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.

  • Royal Canin Ruling Won't Transform Removal Jurisdiction

    Author Photo

    The U.S. Supreme Court's ruling in Royal Canin USA v. Wullschleger means that federal district courts must now remand whenever an amended complaint excises grounds for federal jurisdiction — but given existing litigation strategy and case law trends, this may ultimately preserve, rather than alter, the status quo, say attorneys at Norton Rose.

  • Class Actions At The Circuit Courts: Nov. And Dec. Lessons

    Author Photo

    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.

  • Mentorship Resolutions For The New Year

    Author Photo

    Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.

  • Algorithm Price-Fixing Ruling May Lower Antitrust Claims Bar

    Author Photo

    A Washington federal court's refusal to dismiss Duffy v. Yardi Systems, an antitrust case over rent prices allegedly inflated by revenue management software, creates an apparent split in the lower courts over how to assess such claims, say attorneys at Morgan Lewis.

  • What Insurers Should Know About AI Use In Litigation

    Author Photo

    As the use of artificial intelligence in litigation evolves, insurers should note standing court orders, instances of judges utilizing AI to determine policy definitions and the application of evidentiary standards to expert evidence that incorporates AI, says Sarah Abrams at Baleen Specialty.

  • Series

    Coaching Little League Makes Me A Better Lawyer

    Author Photo

    While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.

  • UK Lawyers Can Access Broad US Discovery To Win Cases

    Author Photo

    Given its breadth, U.S. discovery can be a powerful tool in litigation in the U.K. and other jurisdictions outside the U.S., and a survey of recent cases indicates that discovery requests made in the U.S. are likely to be granted — with many applications even proceeding without contest, say lawyers at Miller & Chevalier.

  • 7 Employment Contracts Issues Facing DOL Scrutiny

    Author Photo

    A growing trend of U.S. Department of Labor enforcement against employment practices that limit workers' rights and avoid legal responsibility shines a light on seven unique contractual provisions that violate federal labor laws, and face agressive litigation from the labor solicitor, says Thomas Starks at Freeman Mathis.

  • Ruling Shows High Court Willing To Limit Immigration Review

    Author Photo

    The U.S. Supreme Court's recent decision in Bouarfa v. Mayorkas is the latest demonstration of the court’s readiness to limit judicial review in the immigration space, a notable break from other recent decisions that expanded judicial review of agency decisions in other areas, says Mark Fleming at WilmerHale.

  • 5 Litigation Funding Trends To Note In 2025

    Author Photo

    Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.

  • Managing Litigation Side-Switching During 2nd Trump Admin

    Author Photo

    Now that the new presidential administration is in place, the government will likely switch positions in a number of pending cases, and stakeholders should employ strategies to protect their interests, say attorneys at Covington.

  • High Court Unlikely To Expand FSIA In Holocaust Asset Fight

    Author Photo

    Not surprisingly for a court where the majority are strict textualists, the U.S. Supreme Court justices appear poised to rule in favor of Hungary in Republic of Hungary v. Simon, reaffirming the Foreign Sovereign Immunities Act as a narrow exception to jurisdiction, say attorneys at Lewis Baach.

  • The Fed. Circ. In 2024: 5 Major Rulings To Know

    Author Photo

    In 2024, the Federal Circuit provided a number of important clarifications to distinct areas of patent law – including design patent obviousness, expert testimony admissions and patent term adjustments – all of which are poised to have an influence going forward, say attorneys at Knobbe Martens.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!