Appellate

  • October 25, 2024

    9th Circ. Dubious Of Tesla Investors' Appeal Of $12B Trial Loss

    Ninth Circuit judges appeared skeptical Friday of Tesla investors' argument that an erroneous trial instruction improperly led a jury to reject their $12 billion claim over Elon Musk's 2018 tweets that he had "funding secured" to take the electric car giant private.

  • October 25, 2024

    High Court Bar's Future: Mitchell Law's Jonathan F. Mitchell

    The pantheon of U.S. solicitors general doesn't include many lawyers who've openly challenged the U.S. Supreme Court's authority or sought to undermine its landmark precedents. But there aren't many lawyers like Jonathan F. Mitchell, a crusading conservative who rescued former President Donald Trump's reelection run — and in the process positioned himself to become the government's top oral advocate.

  • October 25, 2024

    'Starting Point' Algorithm Enough To Fix Prices, DOJ Says

    The Justice Department is using the first algorithmic price-fixing case to reach an appeals court to argue that just because an algorithm only set "starting points" doesn't make its use legal, in a Ninth Circuit amicus brief backing efforts to revive a room rate lawsuit against Las Vegas casino hotels.

  • October 25, 2024

    DC Circ. Won't Block EPA Emissions Rule For Steel Plants

    A split D.C. Circuit panel has denied bids by U.S. Steel Corp. and Cardinal-Cliffs Inc. to hit pause on a U.S. Environmental Protection Agency rule setting emission standards for integrated iron and steel manufacturing facilities.

  • October 25, 2024

    Election Records Law Needs Update, Mich. Justice Says

    The Michigan Supreme Court declined on Friday to revive criminal charges against an election worker who downloaded a copy of a voter list onto a personal thumb drive, prompting one justice to argue the law he was cleared of violating is out of touch in the digital age.  

  • October 25, 2024

    Trump Co-Defendants Stuck In Ga. State Court, 11th Circ. Says

    The Eleventh Circuit on Thursday rejected attempts from four co-defendants of former President Donald Trump to have their Georgia election interference cases moved from state to federal court.

  • October 25, 2024

    Ga. Atty Can't Beat Contempt Charge Over Trial Tardiness

    The Georgia Court of Appeals on Friday rejected an attorney's argument that his due process rights were violated when he was found in contempt, finding that his tardiness to a trial — where the judge sent the jury home due to the absence of the lawyer and his client — was direct contempt.

  • October 25, 2024

    Congress Urged To Further Inspect FBI's Kavanaugh Probe

    More than 50 civil rights groups have called on members of the U.S. Congress to further investigate the Trump White House's role in restricting the FBI's investigation into sexual misconduct allegations lodged against U.S. Supreme Court Justice Brett Kavanaugh during his 2018 confirmation process.

  • October 25, 2024

    9th Circ. Says Muldrow Reopens Asian Worker's Bias Suit

    The Ninth Circuit revived a former supply chain manager's lawsuit alleging she was demoted because she's Asian American, saying a lower court should take another look at the case based on a recent U.S. Supreme Court decision clarifying the standard for workplace discrimination claims.

  • October 25, 2024

    Conn. Justices Will Hear Ex-Dem Chief's Ballot Fraud Appeal

    The Connecticut Supreme Court has agreed to review a lower court's refusal to let former Stamford Democratic Party chair John Mallozzi find a handwriting expert to counter testimony during criminal fraud proceedings that he had forged signatures on phony ballots in a 2015 municipal election.

  • October 25, 2024

    The Candidates In Surprise Texas Criminal Court Matchups

    Three sets of Republican and Democratic candidates are facing off next month to join the top criminal court in Texas after GOP incumbents suffered "unprecedented" primary losses amid a barrage of criticism over their earlier ruling in an election fraud case.

  • October 24, 2024

    Trump Again Argues Jack Smith's Appointment Was Illegal

    Former President Donald Trump on Thursday said a D.C. federal court should throw out prosecutors' election interference case, repeating the argument he made in the classified documents case against him in Florida and contending that the appointment of special prosecutor Jack Smith was illegal.

  • October 24, 2024

    4th Circ. Backs Sanctioning Firm $1M For 'Defiance' Of Court

    The Fourth Circuit on Thursday upheld a roughly $1 million sanction against the law firm of New York plaintiffs attorney Paul J. Napoli for its purportedly frivolous filings in a battle with another firm over asbestos litigation client referrals, saying the firm's misconduct was in "direct defiance" of a Maryland federal court's authority.

  • October 24, 2024

    Split Fed. Circ. Rejects Expert's 'Because I Said So' Testimony

    A Delaware federal jury was wrong to find Comcast infringed a NexStep "digital butler" patent, and the trial judge properly overruled it, a split Federal Circuit panel said Thursday.

  • October 24, 2024

    2nd Circ. Largely OKs Gun Control Law After High Court Order

    The Second Circuit on Thursday stood by its previous decision that largely vacated an order enjoining several of New York's gun restrictions, saying a recent U.S. Supreme Court ruling the high court told it to consider on remand had "little direct bearing" on its prior conclusions.

  • October 24, 2024

    Del. Co. Tells 3rd Circ. €4.2M Award Was Properly Denied

    A Delaware investment company wants the Third Circuit to affirm a lower court ruling that refused to enforce an approximately €4.2 million arbitral award issued in a dispute over failed plans for a French medical equipment company to expand into Colombia.

  • October 24, 2024

    11th Circ. Seeks Bias Test Briefing In Fla. Trans Patients' Suit

    The Eleventh Circuit has ordered Florida health officials and transgender individuals to provide additional briefing in the state's appeal to reverse a ruling blocking its ban on Medicaid coverage for gender-affirming care, directing the parties to present their positions on whether hostile discrimination analysis applies to certain classes of people.

  • October 24, 2024

    Colo. Justices Grill State On Biz Names, ID Theft Law

    Colorado Supreme Court justices pressed state prosecutors Thursday on why a man's reversed conviction for identity theft should be reinstated, saying the identity theft law's use of "name" as a type of personal information seems to suggest the law refers only to people and not corporations.

  • October 24, 2024

    High Court Asked To Toss Texas Stay Of Green Card Rule

    An immigrant rights group asked the U.S. Supreme Court on Thursday to wipe out a Texas order freezing a new program that would allow certain noncitizen relatives of U.S. citizens to stay in the country while seeking green cards, arguing the court improperly used a procedural tool to effectively issue injunctive relief.

  • October 24, 2024

    Bank Groups Appeal Loss In Suit Over CFPB Small Biz Rules

    Lender trade groups that sued the Consumer Financial Protection Bureau over its reporting requirements for small businesses have appealed to the Fifth Circuit after a Texas federal judge granted the bureau's request for summary judgment in August.

  • October 24, 2024

    2nd Circ. Says Healthcare Arbitrations Were Properly Halted

    The Second Circuit affirmed Thursday that a lower court properly halted a group of healthcare providers from pursuing thousands of arbitrations against State Farm as part of an alleged massive fraudulent scheme, ruling in a novel opinion the injunction did not violate federal arbitration law.

  • October 24, 2024

    IP Forecast: Inhibrx Co-Founder Faces Biotech Secrets Trial

    A Wilmington federal jury next week will hear a trade secrets lawsuit that accuses a biotech executive of helping himself to confidential information about cancer treatment antibodies while being employed as an expert in an unrelated $200 million arbitration proceeding. Here's a spotlight on that case — plus all the other major intellectual property matters on deck in the coming week.

  • October 24, 2024

    Fed. Circ. Revives Lenovo Bid For SEP Anti-Suit Injunction

    The Federal Circuit on Thursday gave Lenovo a new shot at securing an order that could bar Ericsson from enforcing injunctions in South America amid the companies' globe-spanning standard-essential patent dispute, faulting a lower court's reasoning for rejecting Lenovo's request.

  • October 24, 2024

    No Tax Break For Bad Debt Investors, Wash. Justices Say

    The Washington State Supreme Court said Thursday that a group of funds that buy and sell distressed credit card debt can't claim a state business tax deduction on investment income because those investments were not incidental to their main business purpose.

  • October 24, 2024

    Trade Orgs Back Google's Bid For 9th Circ. Play Store Pause

    Trade groups and cybersecurity experts have told the Ninth Circuit to extend the pause on the mandate forcing Google to open up its Play Store and help rival app stores compete through that distribution mechanism, backing Google with amicus briefs warning of major disruptions to the app ecosystem.

Expert Analysis

  • Enron Law Is Still Threat To Execs After Justices' Jan. 6 Ruling

    Author Photo

    While the U.S. Supreme Court’s recent Fischer v. U.S. decision is a setback for prosecutors’ obstruction charges against Jan. 6 defendants, it also represents a strong endorsement of the post-Enron Sarbanes-Oxley Act’s original purpose, serving as a corporate compliance reminder for executives, say Michael Peregrine and Ashley Hoff at McDermott.

  • Loper Bright Limits Federal Agencies' Ability To Alter Course

    Author Photo

    The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.

  • How 3 Recent High Court Rulings Could Shape Fintech Policy

    Author Photo

    The U.S. Supreme Court's recent decisions in Jarkesy, Loper Bright and Corner Post provide fintech companies with new legal strategies to challenge regulatory actions, but agency reactions to these rulings and inconsistent judicial interpretations could bring compliance challenges and uncertainties, says Amy Whitsel at FS Vector.

  • Maryland 'Rain Tax' Ruling May Offer Hope For Tax Credits

    Author Photo

    A Maryland state appellate court's recent decision in Ben Porto v. Montgomery County echoes earlier case law upholding controversial stormwater charges as a valid excise tax, but it also suggests that potential credits to reduce property owners' liability could get broader in scope, says Alyssa Domzal at Ballard Spahr.

  • Series

    After Chevron: New Lines Of Attack For FCA Defense Bar

    Author Photo

    Loper Bright has given defense counsel new avenues to overcome the False Claims Act elements of falsity and scienter, as any FCA claim based upon ambiguous statutory terms can no longer stand solely on agency regulations to establish the statute's meaning, which is itself necessary to satisfy the FCA's basic requirements, says Elisha Kobre at Bradley Arant.

  • Series

    Teaching Scuba Diving Makes Me A Better Lawyer

    Author Photo

    As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.

  • Navigating The Murky Waters Of Patent Infringement Damages

    Author Photo

    Recent cases show that there is no easy way to isolate an infringed patent’s value, and it would serve all sides well for courts to thoroughly examine expert opinions of this nature and provide consistent guidance for future cases, say Manny Caixeiro and Elizabeth Manno at Venable.

  • Series

    After Chevron: Delegation Of Authority And Tax Regulators

    Author Photo

    The U.S. Department of the Treasury and the Internal Revenue Service will face higher standards following Loper Bright’s finding that courts should determine whether agency rules meet the best possible interpretation of the tax code, as well as the scope of the authority delegated by Congress, says Edward Froelich at McDermott.

  • Lawyers Can Take Action To Honor The Voting Rights Act

    Author Photo

    As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.

  • Series

    After Chevron: What Loper Bright Portends For The NLRB

    Author Photo

    While the U.S. Supreme Court has a long history of deferring to the National Labor Relations Board's readings of federal labor law, the court's Loper Bright v. Raimondo decision forces courts to take a harder look at the judgment of an agency — and the NLRB will not be immune from such greater scrutiny, says Irving Geslewitz at Much Shelist.

  • Series

    After Chevron: NRC Is Shielded From Loper Bright's Effects

    Author Photo

    While the U.S. Supreme Court's recent Loper Bright v. Relentless decision brought an end to Chevron deference, Congress' unique delegation of discretionary authority to the Nuclear Regulatory Commission will likely insulate it from the additional judicial scrutiny that other federal agencies will face, say Ryan Lighty and Scott Clausen at Morgan Lewis.

  • 3rd Circ. Ruling Shows Benefits Of IP Licenses In Bankruptcy

    Author Photo

    The Third Circuit’s recent ruling in Mallinckrodt’s Chapter 11 filing, which held that Mallinckrodt could sever its obligations to pay Sanofi royalties on sales of an autoimmune disease drug, highlights the advantages of structuring transactions as nonexclusive licenses for developers of intellectual property, say Gregory Hesse and Kaleb Bailey at Hunton.

  • How 3rd Circ. Raised Bar For Constitutional Case Injunctions

    Author Photo

    The Third Circuit's decision in Delaware State Sportsmen's Association v. Delaware Department of Safety & Homeland Security, rejecting the relaxed preliminary injunction standards many courts have used when plaintiffs allege constitutional harms, could portend a shift in such cases in at least four ways, say attorneys at Gibson Dunn.

  • The Fed. Circ. In June: More Liability For Generic-Drug Makers

    Author Photo

    The Federal Circuit’s June ruling in Amarin v. Hikma will likely result in more allegations of induced infringement by generic drugs postapproval, with more of those cases proceeding to at least the summary judgment stage instead of being cut off at the outset, say Jeremiah Helm and Sean Murray at Knobbe Martens.

  • 7th Circ. Ruling Expands CFPB Power In Post-Chevron Era

    Author Photo

    The Seventh Circuit’s recent ruling in Consumer Financial Protection Bureau v. Townstone Financial interprets the Equal Credit Opportunity Act broadly, paving the way for increased CFPB enforcement and hinting at how federal courts may approach statutory interpretation in the post-Chevron world, say attorneys at Saul Ewing.

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!