Appellate

  • March 03, 2025

    Justices Mull If 2nd Circ. Overstepped In Hamas Banking Case

    The U.S. Supreme Court on Monday appeared receptive to a Lebanese bank's bid to reverse a ruling that revived a suit brought by victims of Hamas terrorist attacks, in a case that hinges on how civil procedure rules apply to requests to reopen final judgments.

  • March 03, 2025

    Calif. Court OKs Slash Of $30M Med Mal Verdict To $250K

    A California appeals court has agreed with the decimation of a $29.5 million wrongful death verdict against a chiropractor who cleared a teen with a heart condition for strenuous physical activity, saying the state's damages cap applies.

  • March 03, 2025

    9th Circ. Rejects Redo Of Antitrust Case Against Zillow, NAR

    The Ninth Circuit on Monday said it would not revive a defunct brokerage platform's case accusing Zillow and the National Association of Realtors of deception related to the online real estate company's website, saying there was no conspiracy in the way changes were made to how listings were displayed.

  • March 03, 2025

    Ruling Nixing $1.3B Award May Be In Jeopardy At High Court

    The U.S. Supreme Court appeared poised during oral arguments on Monday to overturn a Ninth Circuit decision refusing to enforce a $1.3 billion arbitral award issued to an Indian satellite communications company, as the justices grappled with a new argument from a unit of India's space agency.

  • March 03, 2025

    Full Fed. Circ. Won't Take On Teva's Orange Book Appeal

    The Federal Circuit on Monday rejected a request for an en banc rehearing from Teva Pharmaceuticals challenging a panel decision finding that the company improperly listed its asthma inhaler patents on a key U.S. Food and Drug Administration database that lists patents for drugs.

  • March 03, 2025

    American Asks Justices To Mull Bid To Revive JetBlue Pact

    American Airlines has told the U.S. Supreme Court that the First Circuit flouted basic antitrust principles when it invalidated the carrier's codeshare agreement with JetBlue in Boston and New York, a decision that "threatens to wreak havoc on productive collaborations of all shapes and sizes."

  • March 03, 2025

    Fired NBA Ref Wants $178K Atty Fees After 2nd Circ. Win

    A former longtime NBA referee asked a Manhattan federal judge on Monday to approve an attorney fee of $179,000, after winning $2.9 million in pension benefits in a case over his termination for refusing to get vaccinated against COVID-19.

  • March 03, 2025

    Texas High Court Told Telecom Law Clears State Constitution

    Texas is hoping its highest court will overturn a ruling that found the state violated its own constitutional rules about gift-giving by capping the amount cities can charge telecoms for using their rights-of-way to such a degree that they were basically forced to give away public money.

  • March 03, 2025

    Conn. Justices Set New Atty Duty In Deathbed Will Dispute

    Three intended beneficiaries of a late businessman's will can sue attorney Anthony J. Palermino for allegedly failing to tell his client that TD Ameritrade account documents would need to be changed to fulfill his deathbed wishes, the Connecticut Supreme Court ruled Monday, finding that attorneys have a duty to third-party beneficiaries in such situations.

  • March 03, 2025

    4th Circ. Backs Away From Contractor's Arbitration Fight

    The Fourth Circuit said Monday it doesn't have jurisdiction over a contractor's challenge to a couple's arbitration award for an incomplete home renovation project, citing the U.S. Supreme Court's holding that federal courts have jurisdiction only over motions to compel, but not vacate or confirm, arbitration awards.

  • March 03, 2025

    Fed. Circ. Tosses Appeal In Card Payment Patent Dispute

    The Federal Circuit on Monday threw out a patent holder's challenge of an order clarifying that motions for sanctions by gift card company Blackhawk Networks and shopping mall owner Simon Property Group remained live after a Texas federal court's non-infringement judgment.

  • March 03, 2025

    Ex-Adecco Worker Can't Protest PAGA Deal, Calif. Panel Rules

    A worker suing a staffing agency under California's Private Attorneys General Act cannot intervene in a settled case lodging similar claims because the challenge is based purely on her private interests, a California panel ruled.

  • March 03, 2025

    Jarkesy Can't Get Penny Stock Co. Out Of SEC Penalty

    The Second Circuit on Monday upheld the U.S. Securities and Exchange Commission's courtroom victory against a penny stock company found to have misled its investors about its financial state, ruling that the company couldn't lean on the U.S. Supreme Court's Jarkesy ruling to argue that a jury should have determined its punishment.

  • March 03, 2025

    Sutter Settles Years-Old Antitrust Suit On Courthouse Steps

    Attorneys for a class of millions of health insurance premium payors announced an eleventh hour deal staving off a new antitrust trial Monday in California federal court over claims that hospital chain Sutter Health drives up costs by pushing all-or-nothing network deals on insurers.

  • March 03, 2025

    Vape Co. Backs 6th Circ. Challenge To Ky. E-Cig Law

    A Texas e-cigarette liquids maker on Monday urged the Sixth Circuit to side with a group of vape interests in their bid to block a Kentucky law regulating vape sales, saying the companies have standing to block the measure and the law is preempted under federal law.

  • March 03, 2025

    Pa. Supreme Court Snapshot: Negligence Damages Caps

    The Pennsylvania Supreme Court will start and end its March session examining long-standing precedents, beginning Tuesday with an argument that will spotlight damages against government entities, and wrapping up Wednesday with a matter hinging on a rule that lets general contractors share their subcontractors' immunity under the workers' compensation law.

  • March 03, 2025

    9th Circ. Won't Revive Black Ex-Boeing Engineer's Bias Suit

    The Ninth Circuit on Monday backed Boeing's defeat of a former engineer's lawsuit claiming he was disciplined for minor issues and ultimately terminated because he's Black, ruling he hadn't provided evidence that the company's actions were based on his race.

  • March 03, 2025

    2nd Circ. Denies Amish Schools' Vaccine Rule Challenge

    The Second Circuit on Monday denied a religious challenge to New York's immunization law from three Amish schools and two Amish parents, saying both the appellate court and the U.S. Supreme Court have a history of upholding school immunization requirements implemented by states.

  • March 03, 2025

    NJ Justices Skeptical Of Judicial Privacy Law Challenge

    The New Jersey Supreme Court appeared skeptical Monday over reviving a journalist's lawsuit alleging municipal officials improperly relied on the judicial safety measure Daniel's Law to chill his attempt to expose a city police director's out-of-town address.

  • March 03, 2025

    Fla. Judge Admits To Improper Remarks About Prosecutors

    A Florida state judge could receive a public reprimand after admitting to ethics charges for calling an assistant state attorney an "ass" and other inappropriate remarks directed toward prosecutors.

  • March 03, 2025

    Colo. Says 1933 Dictionary Supports Netflix Subscription Tax

    The plain meaning of tangible personal property has long encompassed Netflix streaming video subscriptions, Colorado's tax department told a state appeals court, urging it to allow a sales tax on the company's products.

  • March 03, 2025

    Justices Pass On Reviewing Ohio Prisoner's Habeas Win

    The U.S. Supreme Court on Monday declined to scrutinize a lower court ruling granting habeas corpus relief to an Ohio death row prisoner whom a biased judge had prevented from introducing new mitigating evidence at resentencing.

  • March 03, 2025

    Justices To Weigh Double-Jeopardy Claim In Robbery Case

    The U.S. Supreme Court on Monday agreed to wade into a seven-circuit split over whether the double jeopardy clause allows for separate sentences on different charges stemming from the same robbery — an issue that can lead to significantly longer prison terms.

  • March 03, 2025

    Fed. Circ. Says OPM Reg On Entry-Level Workers' OT Is Valid

    The Office of Personnel Management's regulation denying overtime pay for federal employees undergoing training is valid, the U.S. Court of Appeals for the Federal Circuit ruled Monday, sending an FBI analyst's overtime suit back to the Court of Federal Claims.

  • March 03, 2025

    10th Circ. Backs CPSC In Challenge To New Magnet Rule

    The Tenth Circuit on Monday denied a petition challenging a new Consumer Product Safety Commission rule regulating the sale of small, high-powered magnets, finding that the evidence the CPSC provided supports the rule and the commission's structure is constitutional.

Expert Analysis

  • Risk Disclosure Issue Remains After Justices Nix Meta Case

    Author Photo

    After full briefing and argument, the U.S. Supreme Court recently dismissed Facebook v. Amalgamated Bank as improvidently granted, leaving courts with the tricky endeavor of determining when the failure to disclose a past event in an Item 105 risk disclosure is materially misleading, say attorneys at Lowenstein Sandler.

  • Think Like A Lawyer: 1 Type Of Case Complexity Stands Out

    Author Photo

    In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.

  • The Malpractice Perils Of Elder Abuse Liability

    Author Photo

    Recent cases show that the circumstances under which an attorney may be sued for financial elder abuse remain unsettled, but practitioners can avoid these malpractice claims altogether by taking proactive steps, like documenting the process of evaluating a client's directives under appropriate standards, says Edward Donohue at Hinshaw & Culbertson.

  • Fed. Circ. Ruling Shows Importance Of Trial Expert Specificity

    Author Photo

    The Federal Circuit’s recent ruling in NexStep v. Comcast highlights how even a persuasive expert’s failure to fully explain the basis of their opinion at trial can turn a winning patent infringement argument into a losing one, say attorneys at Barnes & Thornburg.

  • Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity

    Author Photo

    Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.

  • Justices Mull Sex-Based Classification In Trans Law Case

    Author Photo

    After the U.S. Supreme Court heard oral argument in U.S. v. Skrmetti this week, it appears that the fate of the Tennessee law at the center of the case — a law banning gender-affirming healthcare for transgender adolescents — will hinge on whether the majority read the statute as imposing a sex-based classification, says Alexandra Crandall at Dickinson Wright.

  • Corporate Liability Issues To Watch In High Court TM Case

    Author Photo

    The U.S. Supreme Court will hear arguments in a trademark dispute between Dewberry Group and Dewberry Engineers next week, presenting an opportunity for the court to drastically alter the fundamental approach to piercing the corporate veil, or adopt a more limited approach and preserve existing norms, say attorneys at Bracewell.

  • Trending At The PTAB: Collateral Estoppel Continues Evolving

    Author Photo

    We are starting to see brighter lines on collateral estoppel involving Patent Trial and Appeal Board proceedings, illustrated by two recent cases that considered whether collateral estoppel should apply to factual findings on prior art from the PTAB in a later district court litigation, say attorneys at Finnegan.

  • Series

    Gardening Makes Me A Better Lawyer

    Author Photo

    Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.

  • Takeaways From DOJ's Intervention On Pricing Algorithm Use

    Author Photo

    A recent U.S. Justice Department amicus brief arguing that a Nevada federal judge wrongly focused on the nonbinding aspect of software company Cendyn Group's pricing algorithm underscores the growing challenge of determining when, if ever, pricing algorithms are legal, say attorneys at Rule Garza.

  • ERISA Ruling Is A Win For DOL Regulatory Authority

    Author Photo

    In Rappaport v. Guardian Life Insurance, a New York federal court recently issued a notable disability benefits ruling in finding that the U.S. Supreme Court’s Loper Bright opinion does not affect how existing U.S. Department of Labor regulations apply in Employee Retirement Income Security Act litigation, says Mark DeBofsky at DeBofsky Law.

  • Litigation Inspiration: Reframing Document Review

    Author Photo

    For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.

  • What Fed. Circ. Ruling Means For Patent Case Dismissals

    Author Photo

    ​​​​​​​The Federal Circuit's recent decision in UTTO v. Metrotech is significant because it specifically authorizes district courts to dismiss patent infringement lawsuits without a separate Markman hearing, but only when the meaning of a claim term is clear and case-dispositive, says Peter Gergely at Merchant & Gould.

  • 7th Circ. Travel Time Ruling Has Far-Reaching Implications

    Author Photo

    In a case of first impression, the Seventh Circuit’s recent holding in Walters v. Professional Labor Group will have significant implications for employers that must now provide travel time compensation for employees on overnight assignments away from home, says Anthony Sbardellati at Akerman.

  • The Fed. Circ. In October: Anti-Suit Injunctions And SEPs

    Author Photo

    The Federal Circuit's holding in Ericsson v. Lenovo, a complex global case involving standard-essential patents, will likely have broad consequences for practitioners, including by making it easier to obtain an anti-suit injunction, say attorneys at Knobbe Martens.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Appellate archive.
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!