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Appellate
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April 07, 2025
Top Court To Weigh Limits On Atty-Client Talks During Recess
The U.S. Supreme Court said Monday it will take up the Sixth Amendment case of a man convicted of murder who was not allowed to consult with his lawyer about his testimony during a 24-hour break that came in the middle of his time on the stand.
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April 07, 2025
Ga. Appeals Court Rips Judge For Denying Recusal Bid
A Georgia Court of Appeals panel on Monday stripped a child custody case from a Fulton County judge after finding he improperly denied a mother's recusal motion instead of referring it to another jurist.
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April 07, 2025
Mass. Firm Prevails Over Ex-Attys In Stolen Client Files Saga
A Massachusetts appeals panel has found that a law firm may recoup damages from its former attorneys who are accused of smuggling out client files to start a new shop while still employed, the latest ruling in a yearslong legal battle that has played out across the state's trial, appellate and supreme courts.
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April 07, 2025
11 States Tell 6th Circ. To Ax Mich. Conversion Therapy Ban
Eleven U.S. states led by Iowa and South Carolina urged the Sixth Circuit to strike down Michigan's ban on conversion therapy for minors, saying the law censors therapists' speech.
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April 07, 2025
GOP Judge's Ballot Challenge Returns To NC High Court
The North Carolina State Board of Elections and state Supreme Court Justice Allison Riggs have asked her colleagues on the high court bench to take up her Republican opponent's election protests following his victory in the intermediate appeals court.
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April 07, 2025
Conn. High Court Snapshot: Atty's 'Double' ID Theft Damages
When it convenes for its next term, Connecticut's highest court will weigh whether an attorney whose identity was stolen can skirt a panel's ruling that he is not entitled to a "double recovery" of damages, and it will consider an insurance agent's responsibilities when a policyholder's coverage is canceled.
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April 07, 2025
Meta May Not Scroll Past 'Clever' Instagram Addiction Suit
Meta Platforms Inc. may struggle to convince Massachusetts' top court to dismiss a suit claiming it illegally hooks kids on Instagram, according to experts, who credit the state's attorney general for a creative legal strategy to thwart web platforms' usual defenses.
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April 07, 2025
Mass. High Court Ponders 'Reasonable' Wear In Lease Dispute
Massachusetts justices on Monday grappled with defining "reasonable" wear and tear on a rental property as they considered whether a property owner can require tenants to have their apartments professionally cleaned when moving out.
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April 07, 2025
Justices Enter Fray Over Criminal Restitution As Punishment
The U.S. Supreme Court agreed Monday to wade into what counsel for a convicted Georgia bank robber called a "deeply entrenched" circuit split over the constitutionality of a federal law that requires criminals to continue paying restitution with compounding interest for decades after conviction.
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April 07, 2025
Justices Won't Hear Lion Air Family's Boeing Jury Trial Bid
The U.S. Supreme Court on Monday declined to hear a challenge to a more than century-old law governing fatal accidents on the high seas, curtailing an effort from the estate of a 737 Max crash victim to get Boeing to face a jury trial over the 2018 Lion Air incident.
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April 07, 2025
Justice Roberts Pauses Return Order In Deportation Case
Chief Justice John Roberts hit pause Monday on a federal judge's order requiring the Trump administration to quickly bring back a Maryland man who was mistakenly deported to El Salvador and imprisoned there, freeing the administration from a late night compliance deadline.
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April 07, 2025
Supreme Court Declines Review Of NY Concealed Carry Law
The U.S. Supreme Court said Monday that it won't review a New York state law requiring "good moral character" as a prerequisite to obtaining a gun permit, passing on an opportunity to resolve what firearm rights advocates called a circuit split on how the high court's decision in Bruen is interpreted.
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April 07, 2025
Full DC Circ. Lifts Pause On NLRB, MSPB Reinstatements
The full D.C. Circuit on Monday lifted a March panel decision pausing the reinstatement of National Labor Relations Board and Merit Systems Protection Board members that President Donald Trump fired, saying U.S. Supreme Court precedent blessing limitations on the president's ability to fire agency officials still stands.
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April 08, 2025
Justices Skip Fruit Art, Abandoned TM And Sentence Petitions
The U.S. Supreme Court on Monday declined petitions regarding the standard for considering whether unregistered trademarks are abandoned in a case involving T-Mobile, a copyright dispute over fruit taped to walls as part of an art installation, and sentencing guidelines in the theft of trade secrets belonging to General Electric.
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April 07, 2025
High Court Won't Hear Case On Employee Status Of Inmates
The U.S. Supreme Court declined on Monday to review a Fourth Circuit opinion finding that inmates working at a Baltimore County, Maryland, recycling facility might be covered by the Fair Labor Standards Act and entitled to minimum wages.
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April 04, 2025
Colo. Justices To Hear Title IX Privilege, Claims Clock Cases
The Colorado Supreme Court next week will hear arguments about whether statements made in Title IX investigations should be privileged from civil liability, how government bodies can properly "cure" transparency violations and when the claims clock should start running after the death of a minor.
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April 04, 2025
Bayer Wants Supreme Court To Review Roundup Litigation
Bayer subsidiary Monsanto has asked the U.S. Supreme Court to review a Missouri jury's $1.2 million award to a man who claimed that Roundup weed killer caused his cancer, arguing that courts are split on whether federal law preempts state failure-to-warn claims like the claims in this case.
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April 04, 2025
Toyota Wins Patent Case Against UNM In Texas Court
A Texas federal court has shot down a lawsuit against Toyota Motor North America Inc. over a University of New Mexico wireless communications patent after finding that the Federal Circuit already invalidated "the sole claim ever asserted in this case."
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April 04, 2025
Justices Told To Keep 'Century-Old Status Quo' On Birthright
States, immigrant advocacy groups and expectant mothers urged the U.S. Supreme Court Friday to reject President Donald Trump's bid to restrict nationwide court orders prohibiting implementation of his executive order aimed at limiting birthright citizenship, arguing that maintaining the long-held understanding of the right won't cause any harm.
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April 04, 2025
4th Circ. Rules Ch. 7 Debtor On The Hook For Mortgage Bill
The Fourth Circuit on Friday revived class claims by a Chapter 7 debtor who received a collection letter over a defaulted mortgage, saying the debtor still has obligations to pay the mortgage lender, partially overturning a West Virginia district court's decision.
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April 04, 2025
11th Circ. Revives Aircraft Co.'s Deal Suit Against Boeing
The Eleventh Circuit on Friday revived a defunct aircraft maintenance company's trade secret case against Boeing amid a long-running contract dispute and allowed the company to pursue damages for unjust enrichment after finding it wouldn't be duplicative of the $2.1 million jury award it won at trial in 2020 for its breach of contract claims.
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April 04, 2025
Defamation Litigation Roundup: Jay-Z, Blake Lively, Drake
In this month's review of ongoing defamation fights, Law360 looks back on an escalation in Jay-Z's case against personal injury lawyer Tony Buzbee, who he accuses of pursuing a "false" and "malicious" rape suit, as well as on the war of words between actors Justin Baldoni and Blake Lively.
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April 04, 2025
Fed. Circ. Backs Ruling Against Parents In Vaccine Case
The Federal Circuit has upheld a lower court's ruling in a Vaccine Act case brought by parents of a child who has seizures and developmental delays, finding that they failed to show that his conditions were caused by vaccines.
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April 04, 2025
Split DC Circ. Denies Calif. Subsidies For Border Hospitals
A split D.C. Circuit panel on Friday found it was not unconstitutional for California to exclude hospitals bordering the state from a program distributing supplemental payments to providers that serve Medi-Cal beneficiaries.
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April 04, 2025
6th Circ. Says Fiat Chrysler Engineers' Claims Are Preempted
The Sixth Circuit said Friday that federal law bars Fiat Chrysler engineers from pursuing state-based claims alleging they lost wages and benefits after being transferred in connection to an illicit bribery scheme involving former United Auto Workers officials and company executives.
Expert Analysis
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Series
In The CFPB Playbook: A Sprint To The Finish Line
The fourth quarter of 2024 was an impressive demonstration of the Consumer Financial Protection Bureau's ability to regulate, enforce and supervise, even on borrowed time following the election results, and we should expect the current bureau to run nonstop until Jan. 20, say attorneys at Covington.
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Mich. Ruling Offers View On 'Occurrence' Coverage Definition
As demonstrated by a Michigan state court in its recent decision finding per-wound insurance coverage for a school shooting, the amount of coverage available under occurrence-based policies often depends on how courts interpret "occurrence," say attorneys at Hunton.
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Rejoinder Strategy After Allergan Double-Patenting Case
A closer look at last year's Allergan v. MSN case at the Federal Circuit highlights the importance of rejoinder during patent prosecution in view of the risks associated with obviousness-type double patenting based on later-filed applications in the same patent family, say attorneys at BCLP.
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What FARA Enforcement In 2024 Reveals For The Year Ahead
A number of developments, from indictments to legislation, shaped the Foreign Agents Registration Act enforcement landscape last year, and following the U.S. Department of Justice's recently released long-awaited proposed amendments to the law, 2025 shows no signs of slowing down, says Tessa Capeloto at Wiley.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.