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Appellate
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February 26, 2025
Justices Vacate TM Award That Put Co.'s Affiliates On Hook
The U.S. Supreme Court on Wednesday vacated an award that reached nearly $47 million in a trademark dispute that questioned whether affiliates of a real estate development company should be liable for the payment even though they were not defendants in the case.
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February 25, 2025
High Court Mulls Bounds Of Supervised Release Sentencing
Lower court judges have strayed from what Congress says are the only factors that may be considered when sentencing offenders for violating their supervised release, the Supreme Court heard Tuesday, as the justices address a circuit split regarding the purposes of such sentences.
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February 25, 2025
En Banc DC Circ. Wrestles With FEC Enforcement Discretion
The en banc D.C. Circuit grappled Tuesday with a line of its own cases that restrict judges from scrutinizing federal election regulators when they decline to investigate campaign finance complaints, questioning how to approach nonenforcement decisions that invoke commissioners' discretion.
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February 25, 2025
NJ Court Revives Suit Over Fatal Parkway Crash
A New Jersey appeals court on Tuesday reinstated a suit against the New Jersey Turnpike Authority alleging it failed to properly maintain a section of the Garden State Parkway that allegedly caused two motorists' deaths, saying the trial court failed to properly analyze whether governmental immunity applies.
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February 25, 2025
9th Circ. Won't Revive Consumers' Qualcomm Antitrust Suit
The Ninth Circuit Tuesday declined to revive cellphone buyers' antitrust suit against Qualcomm, backing a California district court's rejection of the consumers' claim that Qualcomm's policy of refusing to sell chips to cellular manufacturers that did not license its patents ran afoul of California antitrust law.
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February 25, 2025
How To Track Trump's Legal Battles
President Donald Trump has issued a historic number of executive orders and other actions during his first five weeks back in the White House, eliciting more than 80 legal challenges and setting the stage for major courtroom battles over birthright citizenship, presidential power, the federal government's structure and more. Law360 has created a database to keep track of them all.
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February 25, 2025
Primary Sponsor Of Del.'s Corporate Law Rework Defends Bill
Delaware Senate Majority Leader Bryan Townsend cited the "urgency of the moment" Tuesday during an interview with Law360 on fast-tracking proposed amendments to the state's General Corporation Law, aimed at increasing protections from liability for directors, officers and controlling stockholders in an effort to stem a feared corporate exodus from The First State.
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February 25, 2025
Newman Says Fed. Circ. Doctors Undermine Suspension Case
Federal Circuit Judge Pauline Newman has said the court's other judges have undermined their claims about why they suspended her, by retaining experts who questioned reports from her own doctors finding her fit to serve as a judge.
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February 25, 2025
Sig Sauer Asks 6th Circ. For Second Shot At Expert Ruling
The full Sixth Circuit should disqualify expert testimony that said gunmaker Sig Sauer Inc. failed to use existing safety features found in rival products when designing its model P320, the pistol at the center of many unintentional discharge lawsuits, according to the company's petition, which alternatively asked the judges to send it to Kentucky's top court.
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February 25, 2025
Alex Jones Asks To Maintain Stay On Sandy Hook Payment
Infowars founder Alex Jones told the Connecticut Appellate Court that he shouldn't be forced to pay the judgment that Sandy Hook families won in their long-running defamation case as he awaits a review by the state's Supreme Court, saying the plaintiffs are wrong that he discarded underlying constitutional arguments.
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February 25, 2025
Minn. Tribe Seeks 8th Circ. Rehearing In Jurisdiction Fight
The Mille Lacs Band of Ojibwe are asking the Eighth Circuit to rethink a decision to remand and vacate a dispute over law enforcement jurisdiction on its reservation, arguing that the panel's opinion adds an extended inconclusive discussion of the case's merits.
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February 25, 2025
Meta Says 9th Circ. Shouldn't Touch Antitrust Cert. Denial
The Ninth Circuit should refuse to take up the appeal of a proposed class that was denied certification due to its novel theory that Meta Platforms Inc. would have been forced to pay users for the use of their data if it hadn't lied about how it was using it, the social media behemoth has told the court.
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February 25, 2025
SEC Reaffirms Defense Of Market Surveillance Tool
The U.S. Securities and Exchange Commission has said it is not done defending the existence of a controversial market surveillance tool despite the agency's recent curtailment of the types of information it collects.
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February 25, 2025
4th Circ. Shuts Down HHS Chemist's 'Grinch' Harassment Suit
The Fourth Circuit shut down a chemist's bid Tuesday to revive his suit claiming he faced sex bias and retaliatory harassment within the U.S. Department of Health and Human Services when a colleague called him the "Grinch," ruling his case is devoid of proof of discrimination.
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February 25, 2025
5th Circ. Declines Real Estate Co.'s Injunction Bid In TM Feud
A panel of Fifth Circuit judges has sided with a lower court's decision that Rampart Resources Inc. should not get a preliminary injunction against rival real estate company Rampart/Wurth Holding Inc.
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February 25, 2025
6th Circ. Upholds County Employee's Pension Retaliation Win
The Sixth Circuit upheld on Tuesday a $180,000 jury victory in favor of a former Michigan county employee who alleged his pension payments were cut off because he publicly criticized the retirement system, backing a lower court's conclusion that his comments were protected by the First Amendment.
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February 25, 2025
3 Attys Reprimanded, 2 DQ'd In Ala. Judge Shopping Probe
An Alabama federal judge on Tuesday publicly reprimanded three attorneys for judge shopping during their legal efforts against a state law criminalizing gender-affirming care, saying that the trio practiced in bad faith and dropping two of them from litigating the case.
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February 25, 2025
River Agency Says Harvey Flood Dispute Was Already Decided
A Texas river management agency urged a state appeals court Tuesday to shut down claims brought by dozens of residents whose properties were flooded by Hurricane Harvey, pointing to a separate appellate court decision that ended similar claims by many of the same people.
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February 25, 2025
Businessman Looks To Nix $21M Arbitral Award
A businessman who controls real estate investment firm World Capital Properties Ltd. is urging the Eleventh Circuit to nix the enforcement of a $21.3 million arbitral award against him, arguing that he never signed an underlying arbitration agreement and objected "early, often and consistently" to the arbitration.
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February 25, 2025
5th Circ. Asks NLRB To Back Up Coercion Claim Against Apple
A Fifth Circuit panel asked the National Labor Relations Board to spell out how Apple Inc. was coercive to a worker during a unionization push in New York, pondering Tuesday whether affirming the board's finding would tamp down on the company's freedom of expression.
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February 25, 2025
Ga. County Collected Too Late On Theft Claim, Panel Says
The Georgia Court of Appeals has stripped a state county of a nearly $350,000 judgment it won from insurer Old Republic Surety Co. to cover a court employee's theft of hundreds of thousands of dollars from the public coffers, ruling the county filed its claim well after the statute of limitations had run.
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February 25, 2025
Payments Weren't Admission Philly Cop Got COVID At Work
A Philadelphia police officer's "excused time," or E-Time, payments when he contracted COVID-19 were not a substitute for workers' compensation or an acknowledgment that he caught the disease on the job, so a state appellate court said Tuesday that he could not reinstate those payments under the workers' comp law.
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February 25, 2025
7th Circ. Mostly Denies Religious Groups' Visa Rule Challenge
A Seventh Circuit panel rejected religious groups' assertions that a visa regulation applying to foreign ministers burdens their religious and First Amendment rights, but revived their Administrative Procedure Act claim challenging the regulation.
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February 25, 2025
Utah Asks 10th Circ. To Block EPA's Ozone Standard Finding
The state of Utah has called on the Tenth Circuit to block a U.S. Environmental Protection Agency determination that the state's most populous region is not complying with national ozone standards, saying international emissions are mostly to blame.
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February 25, 2025
5th Circ. Eyes Congress' Quorum As Texas Fights PWFA
The Fifth Circuit grappled Tuesday with whether the U.S. Equal Employment Opportunity Commission was rightly blocked from enforcing the Pregnant Workers Fairness Act against the state of Texas, with several judges struggling to pinpoint whether the U.S. Constitution requires lawmakers' physical presence to have a quorum.
Expert Analysis
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Fed. Circ. Ruling May Signal Software Patent Landscape Shift
The Federal Circuit's recent ruling in Broadband iTV, despite similarities to past decisions, chose to rely on prior cases finding patent-ineligible claims directed to receiving and displaying information, which may undermine one of the few areas of perceived predictability in the patent eligibility landscape, say attorneys at King & Wood.
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Series
After Chevron: The Future Of OSHA Enforcement Litigation
The U.S. Supreme Court's opinion in Loper Bright provides a blueprint for overruling the judicial obligation to defer to an agency's interpretation of its own regulations established by Auer, an outcome that would profoundly change the Occupational Safety and Health Administration’s litigation and rulemaking landscape, say attorneys at Ogletree.
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What Hawaii High Court Got Right And Wrong In AIG Ruling
Though the Hawaii Supreme Court in its recent Aloha Petroleum v. National Union Fire Insurance decision correctly adopted the majority rule that recklessly caused harm is an accident for coverage purposes, it erred in its interpretation of the pollution exclusion by characterizing climate change as "traditional environmental pollution," say attorneys at Haynes Boone.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Amazon Holiday Pay Case Underscores Overtime Challenges
The recent Hamilton v. Amazon.com Services LLC decision in the Colorado Supreme Court underscores why employers must always consult applicable state law and regulations — in addition to federal law — when determining how to properly pay employees who work more than 40 hours in a workweek, says James Looby at Vedder Price.
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Opinion
It's Time To Sound The Alarm About Lost Labor Rights
In the Fifth Circuit, recent rulings from judges appointed by former President Donald Trump have dismantled workers’ core labor rights, a troubling trend that we cannot risk extending under another Trump administration, say Sharon Block and Raj Nayak at the Center for Labor and a Just Economy.
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Anticipating Jarkesy's Effect On Bank Agency Enforcement
Following the U.S. Supreme Court’s decision in U.S. Securities and Exchange Commission v. Jarkesy, federal courts may eventually issue decisions on banking law principles and processes that could fundamentally alter the agencies' enforcement action framework, and the relationship between banks and examiners, says Brendan Clegg at Luse Gorman.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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Peeling Back The Layers Of SEC's Equity Trading Reforms
The U.S. Securities and Exchange Commission's recently adopted amendments lowering the tick sizes for stock trading and reducing access fee caps will benefit investors and necessitate broad systems changes — if they can first survive judicial challenges, say attorneys at Sidley.
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5th Circ. DOL Tip Decision May Trigger Final 80/20 Rule Fight
A recent Fifth Circuit decision concerning a Labor Department rule that limits how often tipped employees can be assigned non-tip-producing duties could be challenged in either historically rule-friendly circuits or the Supreme Court, but either way it could shape the future of tipped work, says Kevin Johnson at Johnson Jackson.
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Strategies To Avoid Patent Issues In AI Drug Discovery
Artificial intelligence has the potential to improve drug discovery and design, but companies should consider a variety of factors when patenting drugs created using AI systems, including guidance from the U.S. Patent and Trademark Office and methods for protecting patent eligibility, say attorneys at Ropes & Gray.
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What Being An 'Insider' Means In Ch. 11, And Why It Matters
As borrowers grapple with approaching near-term maturities on corporate debt, lenders should be proactive in mitigating the risks of being classified as an insider in potential bankruptcies, including heightened scrutiny, preference risk, plan voting and more, say David Hillman and Steve Ma at Proskauer.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.