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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 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 three-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.
January 03, 2025
Hemp Cos. Tell 10th Circ. New Law Is Unconstitutional

A group of hemp companies challenging a new Wyoming law restricting their products told the Tenth Circuit on Thursday the policy is unconstitutional and their appeal is ripe despite the lower court dismissing their suit.
January 03, 2025
NY Judge To Sentence Trump Jan. 10 But Says Prison Unlikely

A New York state judge said Friday he will sentence Donald Trump on Jan. 10 after rejecting his motion to dismiss his hush money conviction in light of his status as president-elect, but suggested a prison term is highly unlikely.
January 03, 2025
Disbarred Fla. Atty Can't Shake $780K Verdict For Firms

A Florida state appeals court has refused to disturb a jury verdict in favor of several law firms going after a disbarred attorney who improperly received a $780,000 payment when he owed those firms millions in connection with professional misconduct.
January 03, 2025
Physician Assistant Can't Avoid Suspension For Hiding Probe

An Ohio appeals court has affirmed sanctions the state's medical board gave a physician assistant for not disclosing his employer's investigation into sexual misconduct allegations against him, rejecting the argument he misunderstood his obligation to report it on his license renewal application.
January 03, 2025
Biden Honors Delaware Jurist For Role In 1954 Brown Ruling

President Joe Biden issued a top civilian award, posthumously, to former Chancellor Collins J. Seitz of Delaware Chancery Court, father of the state's current chief justice, for his role in decisions woven into the U.S. Supreme Court's landmark 1954 Brown v. Board of Education ruling.
January 03, 2025
Calif. Panel Says PAGA Suits Always Have Individual Claims

A delivery worker's individual claims against Target's shipping partner under California's Private Attorneys General Act belong in arbitration, a state appellate panel said, disagreeing with a trial court's decision that her suit only had representative claims.
January 02, 2025
FTC Asks 5th Circ. To Revive Noncompete Ban

The Federal Trade Commission told the Fifth Circuit on Thursday the agency is authorized to make rules like the one that would ban enforcement of most employee noncompetes, arguing that a Texas district court took a "cramped view" of the agency's authority to promulgate rules that define unfair competition methods.
January 02, 2025
3rd Circ. Again Remands Honduran Woman's Removal Order

The Third Circuit on Thursday again remanded a Honduran woman's removal order challenge back to the Board of Immigration Appeals, saying the agency made mistakes when considering whether she rebutted a presumption that an immigration hearing notice was delivered to her.
January 02, 2025
Calif. Judge Ices Social Media Addiction Law For 30 Days

A California federal judge Thursday blocked the state from beginning its enforcement of a new law designed to bar online platforms from using algorithms to deliver addictive feeds to children, finding there was "great value" in giving the Ninth Circuit 30 days to consider his decision to largely uphold the measure.
January 02, 2025
Ex-Bank Chair Asks 7th Circ. To Halt FDIC Enforcement Order

An Illinois community bank's onetime chairman has asked the Seventh Circuit for an emergency stay of professional sanctions ordered by the Federal Deposit Insurance Corp. after an in-house proceeding that he argues was unconstitutional and wrongly decided.
January 02, 2025
Judicial Conference Closes Thomas Gift Probe With No Action

The Judicial Conference of the United States will not refer ethics complaints accusing U.S. Supreme Court Justice Clarence Thomas of unlawfully failing to disclose decades of luxury gifts and travel to the U.S. Department of Justice for further investigation, according to letters released Thursday.
January 02, 2025
Calif. Court OKs $46M Verdict In Jiu-Jitsu Injury Suit

A California state appeals court has affirmed a $46.5 million jury verdict in a suit accusing a Brazilian jiu-jitsu instructor of causing a student's catastrophic injuries while sparring, saying jury instructions regarding the assumption of risk were properly given by the trial court.
January 02, 2025
Election Officials Push To Certify NC High Court Race Results

The North Carolina State Board of Elections should be allowed to move forward with certifying the results of the state Supreme Court race after a Republican candidate sought to block copious ballots, state officials and incumbent state Supreme Court Justice Allison Riggs said Wednesday.
January 02, 2025
Retired Justice Breyer To Sit On 1st Circ. As Visiting Judge

Retired U.S. Supreme Court Justice Stephen Breyer is returning to the bench this month as a visiting judge on the First Circuit, joining three-judge panels hearing oral arguments Jan. 8 and 10, including a financial adviser's appeal of its $93 million loss to the U.S. Securities and Exchange Commission.
January 02, 2025
9th Circ. Partly Revives Casino ATM Contract Dispute, Again

A unanimous panel of the Ninth Circuit partially reversed a bench trial verdict Thursday in two merchant service companies' dispute, in which a payment processor alleged a business it partnered with breached their contract by failing to adapt to chip-based credit card technology by a key deadline, reinstating the case for a second time.

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

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.
2024 Has Been A Momentous Year For ESG

Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.