Appellate

  • January 09, 2025

    Airlines Say 9th Circ. Should Mull Seattle Airport Pollution Suit

    Delta Air Lines and Alaska Airlines have told a Washington federal court that the Ninth Circuit should immediately consider the jurisdictional and preemption issues raised in a proposed class action from property owners and residents over alleged flight-path pollution near Seattle-Tacoma International Airport.

  • January 09, 2025

    Grieving Parents Urge Court To Discern Fraud From Med Mal

    A North Carolina trial court failed to acknowledge that fraud and breach of fiduciary duty are distinct claims from medical malpractice, a couple whose toddler died during heart surgery told the Tar Heel State appeals court, arguing that the doctors misrepresented their program quality and outcomes.

  • January 09, 2025

    DOJ Wants Time At 9th Circ. In Zillow, NAR Antitrust Case

    The U.S. Department of Justice has asked the Ninth Circuit for permission to appear at oral arguments in an appeal looking to revive antitrust claims from a defunct brokerage platform against Zillow and the National Association of Realtors.

  • January 09, 2025

    Credit Card Case Should Have Been Remanded, 7th Circ. Says

    An Illinois district court faced with competing motions to remove a credit card receipt dispute from its docket should have returned the suit to state court rather than grant the Army and Airforce Exchange Service's bid to dismiss it, the Seventh Circuit said Wednesday.

  • January 09, 2025

    Supreme Court Declines To Halt Trump's NY Sentencing

    The U.S. Supreme Court on Thursday denied Donald Trump's request to halt New York criminal proceedings in his hush money case, clearing the way for a state judge to sentence the president-elect on Friday, days before he takes the oath of office.

  • January 09, 2025

    New Mexico Justices Say Local Gov'ts Can't Restrict Abortion

    New Mexico's highest court on Thursday struck down four local ordinances that restricted abortion access in the state, chastising the cities and counties behind them for running afoul of state laws on reproductive health and medical licensing.

  • January 09, 2025

    Colo. Urges 10th Circ. Not To Vacate Air Emissions Plan

    Colorado told the Tenth Circuit that a green group challenging an air emissions permitting program in the state misled a panel of judges during oral arguments by asserting that eliminating the program would resolve its concerns.

  • January 09, 2025

    5 Things Executive Pay Attys Should Keep An Eye On In 2025

    Tesla chief executive Elon Musk will be seeking a green light for a $56 billion pay package while a new administration in the White House may scuttle proposed incentive pay regulations and a ban on noncompete agreements. Here, Law360 looks at five things executive compensation lawyers will be following in the new year.

  • January 09, 2025

    Ark. Cites 4th Circ. Ruling In Dispute Over Hemp THC Limit

    Arkansas is pointing the Eighth Circuit's judges toward an opinion earlier this week from their colleagues in the Fourth Circuit, saying they should consider it as they mull whether to allow the state's regulations on intoxicating hemp products to stand.

  • January 09, 2025

    Worker's Atty Fees Upheld In Settled Calif. Harassment Suit

    A California state appeals court upheld a $493,600 attorney fees award handed to a freight trucking company worker whose sexual harassment case made it to the state's highest court, finding her former boss failed to show she didn't deserve the sum as the suit's prevailing party.

  • January 09, 2025

    Plane Crash Victims Tell NC Panel To Toss Engine Co. Appeal

    The estates of four plane crash victims have asked the North Carolina state appeals court to throw out what they characterize as a last-ditch effort by defense giant Avco Corp. and its subsidiary Lycoming Engines to avoid going to trial, saying the appeal is two years too late.

  • January 09, 2025

    DirecTV, Dish Say Sports Streamer Harmful Despite Fubo Deal

    DirecTV and Dish are hoping to pump the brakes on any immediate plans to unwind a New York federal court's injunction stopping the ESPN, Fox and Warner Bros. Discovery joint sports venture from hitting the market after Disney announced its majority acquisition of the deal's biggest challenger, Fubo, this week.

  • January 09, 2025

    Arkansas Justices At Odds Over Chief's Bid To Revive Firings

    Members of the Arkansas Supreme Court are at an impasse over the chief justice's attempt to fire 10 state court employees after her fellow justices blocked the move, with her issuing an order to vacate their ruling and them saying her order is a mere dissent with no effect.

  • January 09, 2025

    Alito-Trump Phone Call Sparks Unanswered Calls For Recusal

    Democratic lawmakers' calls for U.S. Supreme Court Justice Samuel Alito to recuse from considering Donald Trump's bid to stay sentencing in his New York hush money case due to a phone call the pair had shortly before the emergency application was filed went unaddressed Thursday.

  • January 09, 2025

    College Hoopers Ask NC Justices To Hear Free Speech Row

    Eight former Lenoir-Rhyne University women's basketball players and their team manager urged the North Carolina Supreme Court to take up their case claiming the school breached its contracts by removing them from its team for speaking up about racial issues.

  • January 09, 2025

    5 Questions Attys Have About Supreme Court's TikTok Case

    The U.S. Supreme Court will hear arguments Friday in TikTok's challenge to a law requiring the wildly popular social media platform to be divested from its Chinese parent company over national security concerns or face a nationwide ban, in an unusual First Amendment case attorneys say also raises broad procedural and legal questions.

  • January 09, 2025

    Ga. Courts Announce Friday Winter Storm Closures

    Several courts across Georgia, including the state Supreme Court and the Court of Appeals, will be closed on Friday because a winter storm is expected to affect the northwestern part of the state.

  • January 09, 2025

    9th Circ. To Vote On Rehearing Asylum 'Metering' Case

    A Ninth Circuit judge has called for a vote on whether the full court should rehear a split panel decision that border officials are required under federal immigration law to inspect asylum-seekers at the southern border.

  • January 09, 2025

    Horizon Bank Flag On Large Check Not Biased, 6th Circ. Says

    A Sixth Circuit panel upheld Horizon Bank's defeat of allegations that the bank discriminated against a Black customer based on her race, finding bank staff did not act with hostility when they flagged a large settlement check she deposited as suspicious and froze her debit card.

  • January 09, 2025

    Kleinbard 'Skill Game' Atty Wins Bid For Lottery Revenue Data

    A Kleinbard LLC attorney who represents companies offering "skill games" in Pennsylvania can get a spreadsheet listing how much lottery revenue retailers take in per week compared to the number of skill games they have, after a state appellate court ruled Thursday that the data is a public record and not subject to any exemptions.

  • January 09, 2025

    Trump's Attorney General Pick To Face Senators Next Week

    President-elect Donald Trump's pick for attorney general, Pam Bondi, former attorney general of Florida, will sit for two days of confirmation hearings next week.

  • January 09, 2025

    IRS Gets First Dibs On $1M BP Oil Spill Payout, 11th Circ. Says

    The IRS gets first priority to a $1 million settlement BP paid to a staffing company that racked up $23 million in federal tax debt and went bankrupt following the Deepwater Horizon oil spill, the Eleventh Circuit affirmed, denying an insurer's claim to the money.

  • January 09, 2025

    Texas Appeals Court Frees Google Of Incognito Mode Suit

    A Texas appeals court wiped Texas' deceptive trade practices suit alleging Google misleads consumers about the privacy available through its "Incognito" mode, finding in a Thursday opinion the lower court doesn't have jurisdiction to hear the case.

  • January 09, 2025

    Top Oversight Dem Seeks Report On Trump Classified Docs

    The top Democrat on the House Committee on Oversight and Government Reform on Thursday asked the U.S. Department of Justice for a look at the special counsel report on former President Donald Trump's alleged mishandling of classified documents, days after a federal court blocked its publication.

  • January 09, 2025

    Wind Power Substation Is Quiet Enough, Mass. Justices Say

    Massachusetts' top court on Thursday gave the green light for an electric substation connected to an 800-megawatt wind turbine generation facility in federal waters south of Martha's Vineyard, rejecting a resident's argument that the new facility would be too noisy.

Expert Analysis

  • Series

    In The CFPB Playbook: A Sprint To The Finish Line

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    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.

  • Mich. Ruling Offers View On 'Occurrence' Coverage Definition

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    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.

  • Rejoinder Strategy After Allergan Double-Patenting Case

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    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.

  • What FARA Enforcement In 2024 Reveals For The Year Ahead

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    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.

  • Exploring Venue Strategy For Trump-Era Regulatory Litigation

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    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.

  • Lessons Learned From 2024's Top FMLA Decisions

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.

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