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Justices Decline To Revisit Landmark Press Freedom Ruling

The U.S. Supreme Court on Monday denied casino mogul and Trump donor Steve Wynn's bid to overturn a landmark ruling on press freedom that established a high evidentiary standard for public figures to pursue defamation claims.
April 24, 2025
SpaceX, NLRB Ask 5th Circ. To Pause Constitutionality Case

SpaceX and the National Labor Relations Board asked the Fifth Circuit to pause one of the rocket-maker's constitutional challenges to the board's structure, saying the board is investigating whether SpaceX is an air carrier whose labor-management relations are overseen by the National Mediation Board rather than the NLRB.
April 24, 2025
Texas Court Allows State To Block Austin Pot Amnesty Law

A Texas appeals court on Thursday decided to allow the state to pursue an injunction blocking an Austin city law prohibiting enforcement of some cannabis crimes, saying the local ordinance is preempted by state law.
April 24, 2025
Ill. Justices Affirm Venue Limits For Constitutional Challenges

The Illinois Supreme Court on Thursday upheld the limits to where constitutional challenges to a state statute, rule or executive order can be filed, saying that requiring the plaintiff in the underlying case to litigate in a different county "does not deprive it of the opportunity to be heard at a meaningful time and in a meaningful manner."
April 24, 2025
6th Circ. Says Hairstylists Must Arbitrate Pay Claims

Hairstylists must arbitrate their claims that a barbershop chain misclassified them as independent contractors and denied them wages, a Sixth Circuit panel ruled, saying a federal court correctly enforced arbitration after severing its cost-shifting provision.
April 24, 2025
Trump Asks Justices To Lift Pause On Transgender Troop Ban

The Trump administration urged the U.S. Supreme Court on Thursday to lift a Washington federal judge's order prohibiting enforcement of the Pentagon's ban on transgender military service, arguing that the ruling contradicts two emergency docket orders issued during President Donald Trump's first term.
April 24, 2025
Insurance Adjuster's PAGA Suit Too Late, Calif. Panel Affirms

A former insurance adjuster for an insurance claims management company was late in filing his Private Attorneys General Act suit seeking penalties for unpaid overtime on behalf of other workers, a California appellate panel ruled, upholding a lower court.
April 24, 2025
4th Circ. Won't Rehear Health Data Access Order Challenge

The Fourth Circuit has declined an electronic medical records firm's request for the appellate court to rethink a panel's decision to dismiss its appeal of an order forcing the company to let a nursing data business access its patient information.
April 24, 2025
Trampoline Park's Discovery Nixed Arbitration, NJ Panel Says

A Garden State trampoline park waived its right to compel arbitration in a negligence case by taking part in extensive discovery before filing its motion, a New Jersey appellate panel ruled Thursday.
April 24, 2025
Tax Cos. Head To 9th Circ. Over IRS Worker Credit Denials

Two tax assistance companies are appealing to the Ninth Circuit an Arizona federal court ruling denying their request to stop the IRS from issuing batch denials of thousands of pandemic-era worker credit claims, including those filed by their clients.
April 24, 2025
Appeal Fast-Tracked In Feud Over Use Of Ex-Atty's Name

The Second Circuit has fast-tracked an appeal by a Connecticut attorney who lost a lawsuit over his former law firm's alleged unauthorized use of his name and likeness after his firing.
April 23, 2025
No Need To Look At Tire IP Dispute, Toyo Tells Justices

Japanese tire giant Toyo Tire Corp. urged the U.S. Supreme Court on Wednesday not to examine a Federal Circuit ruling that discarded a $10 million award in a case that's been going on for over a decade around allegations of interfering with a rival's business through patent settlements with other companies.
April 23, 2025
11th Circ. Considers Timeliness Of J&J Pelvic Mesh Claims

An Alabama couple urged the Eleventh Circuit on Wednesday to revive their lawsuit over injuries allegedly caused by pelvic mesh manufactured by Ethicon Inc. and its parent Johnson & Johnson, arguing that a district court wrongly found their claims were time-barred.
April 23, 2025
Latest CFPB Layoffs Need Court's Scrutiny, DC Circ. Told

The National Treasury Employees Union has hit back at a Trump administration bid to resume mass layoffs of nearly all the Consumer Financial Protection Bureau's workforce, urging the D.C. Circuit to leave a federal judge's temporary restraining order in place.
April 23, 2025
Firm Can't Fight Conn. Scam Suit Fee Rulings, Ex-Client Says

A Connecticut judge should not reconsider an award of attorney fees and interest against the law firm Mancini Provenzano & Futtner LLC because it already waived its arguments or brought them up in a pending appeal of a negligence judgment, a former client said this week.
April 23, 2025
Judge's Same-Sex Wedding Ban Legal In Texas, Justices Hear

A Texas appeals panel balked at a state judge's argument that refusing to officiate same-sex marriages keeps with Texas law during oral arguments Wednesday, saying the discussion had gotten "far afield" of the issues before the court.
April 23, 2025
Fed. Circ. Won't Revive Minority Farmer COVID Debt Relief Suit

The Federal Circuit declined to revive claims by socially disadvantaged farmers who said the government owes them millions of dollars after repealing a coronavirus pandemic-era debt relief program, ruling Tuesday the farmers failed to show the government had a mutual intent to enter a binding contract.
April 23, 2025
Fed. Circ. Won't Immediately Pause Sanctions On IP Attys

A Federal Circuit judge on Wednesday declined to provide immediate relief to attorneys from Texas patent firm Ramey LLP fighting sanctions they've deemed "career ending," letting stand penalties coming due for practicing without licenses in California, among other conduct.
April 23, 2025
Qualcomm Patent Revived As Fed. Circ. Axes Apple PTAB Win

The Federal Circuit on Wednesday reversed the Patent Trial and Appeal Board's invalidation of a Qualcomm circuit patent challenged by Apple, saying the board's decision was improperly based on an admission Qualcomm made in its patent about earlier technology.
April 23, 2025
4th Circ. Says Immigration Board Evidence Standard Too High

The Fourth Circuit on Tuesday gave an Ethiopian man another chance to reopen his removal case following his marriage to an American woman, ruling that the Board of Immigration Appeals applied the wrong standard when it required that he provide "clear and convincing evidence" of his marriage's "bona fides."
April 23, 2025
Fed. Circ. Agrees MS Generic Drug Didn't Infringe Metacel IP

The Federal Circuit on Wednesday backed a New Jersey federal judge's finding that Rubicon Research's generic version of Metacel's drug Ozobax does not induce doctors and patients to infringe a Metacel patent.
April 23, 2025
Iraq's Counsel Can Stay In $120M Award Fight, DC Circ. Says

The D.C. Circuit has declined to nix Pierson Ferdinand LLP's appearance as counsel for Iraq in an appeal challenging the enforcement of a $120 million arbitral award issued to a Cypriot construction and engineering firm, rejecting the company's allegations that Iraq engaged in "gamesmanship."
April 23, 2025
Fed. Circ. Passes Game Controller Patent Case Back To PTAB

Video game developer Valve on Wednesday won yet another chance to convince patent board judges to look at its challenge to claims in a rival's video game controller patent asserted in litigation in Washington federal court.
April 23, 2025
Denver Water Says Dam Work Won't Hurt Environment

The utility Denver Water urged the Tenth Circuit to lift part of a Colorado district court's ruling that stopped construction of a new dam, arguing that allowing construction to go forward won't impact environmental issues that environmental groups are actually concerned about.
April 23, 2025
3rd Circ. Backs Health Network In Suit Over Malpractice Case

The Third Circuit on Wednesday declined to reinstate a retired lawyer's case against the Rothman Institute Orthopedic Foundation for not giving him an affidavit of merit to support medical malpractice claims against different healthcare providers, with the panel ruling the institute did not interfere with his ability to seek legal recourse.
April 23, 2025
10th Circ. Says Lower Court Erred On Pollution Coverage

A Tenth Circuit panel determined Wednesday that absolute pollution exclusions in insurance policies unambiguously prevented a New Mexico property owner from obtaining coverage for underlying contamination litigation, reversing a decision by a district court and saying that court erred "in all key respects."

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

10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks

The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
How High Court's Cornell Decision Will Affect ERISA Suits

The U.S. Supreme Court's recent decision in Cunningham v. Cornell, characterizing prohibited transaction exemptions as affirmative defenses, sets the bar very low for initiating Employee Retirement Income Security Act litigation, and will likely affect many plan sponsors with similar service agreements, says Carol Buckmann at Cohen & Buckmann.
Notable Q1 Updates In Insurance Class Actions

The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.
2nd Circ. Ruling May Aid Consistent Interpretation Of ADA

In Tudor v. Whitehall Central School District, the Second Circuit joined the majority of circuits by holding that an employee's ability to perform their job without an accommodation does not disqualify them from receiving one, marking a notable step toward uniform application of the Americans with Disabilities Act nationwide, says Michelle Grant at Wilson Elser.
EPA's Proposed GHG Reform Could Hinder Climate Regulation

The Trump administration will reconsider the U.S. Environmental Protection Agency's landmark 2009 greenhouse gas endangerment finding, which could leave the U.S. federal government with no statutory authority whatsoever to regulate climate change or greenhouse gas emissions, says David Smith at Manatt.
The Benefits Of Aligning States On Legal Paraprofessionals

Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
Fed. Circ. In March: Forfeiting Claim Construction On Appeal

The Federal Circuit's decision in Wash World v. Belanger last month confirms the importance of fair notice to the district court when determining forfeiture of an argument on appeal in the context of patent claim construction, allowing appellants to better gauge the appropriate framing of arguments that may be presented, say attorneys at Knobbe Martens.
1st Circ. Ruling May Slow SEC Retail Investment Advice Cases

The First Circuit's recent ruling, finding the U.S. Securities and Exchange Commission did not substantiate its $93.3 million fine against a retail investment adviser, may raise the threshold on materiality findings in these cases and add a speed bump resulting in fewer such actions, say attorneys at Weil.
10 Soft Skills Every GC Should Master

As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
6 Criteria Can Help Assess Executive Branch Actions

With new executive policy changes announced seemingly every day, several questions can help courts, policymakers and businesses determine whether such actions are proper, effective and in keeping with our democratic norms, say Marc Levin and Khalil Cumberbatch at the Council on Criminal Justice.
Fed Circ.'s PTAB Ruling Highlights Obsolete Rationale

The Federal Circuit's recent decision in In re: Riggs shines a new light on its 2015 decision in Dynamic Drinkware v. National Graphics, and raises questions about why the claim support requirement established by Dynamic Drinkware exists at all, say attorneys at Patterson Belknap.
Traversing The Shifting Sands Of ESG Reporting Compliance

Multinational corporations have increasingly found themselves between a rock and a hard place attempting to comply with EU and California ESG requirements while not running afoul of expanding U.S. anti-ESG regimes, but focusing on what is material to shareholder value and establishing strong governance can help, say attorneys at MoFo.
An Unrestrained, Bright-Eyed View Of Legal AI's Future

Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
Tracking The Evolution In Litigation Finance

Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
Addressing Antitrust Scrutiny Over AI-Powered Pricing Tools

Amid multiple recent civil complaints alleging antitrust violations by providers and users of algorithmic pricing tools, such as RealPage and Yardi, digital-era measures should feature prominently in corporate compliance programs, including documentation of pro-competitive benefits and when to use disclosures, say attorneys at Morgan Lewis.