Appellate

  • March 18, 2025

    99 Hudson Developer Loses Appeal In Buyers' NJ Fraud Suit

    A New Jersey state judge's refusal to send a fraud lawsuit against the developer of the 99 Hudson condominium complex in Jersey City to arbitration was valid, a state appellate panel ruled Tuesday, saying the contract lacked clear language that the plaintiffs were waiving their statutory right to seek relief in court.

  • March 18, 2025

    Kaiser Insurer Says Ch. 11 Plan Doesn't Protect Against Fraud

    Truck Insurance Exchanged told a panel of Fourth Circuit judges Tuesday that the confirmed Chapter 11 plan of Kaiser Gypsum Co. should be overturned as a bad faith filing because it doesn't impose simple measures to prevent asbestos injury claim fraud.

  • March 18, 2025

    News Union Backs NLRB Order Against Pittsburgh Paper

    The Pittsburgh Post-Gazette bargained in bad faith with its reporters' union by insisting on unilateral control over their job terms based on vague concerns about the journalism industry, the union told the Third Circuit, urging a panel to enforce a National Labor Relations Board ruling.

  • March 18, 2025

    11th Circ. Upholds GE Arb. In Algerian Power Plant Lawsuit

    An Eleventh Circuit panel on Tuesday affirmed a lower court's ruling forcing reinsurers of an Algerian power plant into arbitration over a $28 million turbine failure, saying the plant's owner ultimately benefited from the services contract between General Electric and the plant operator.

  • March 18, 2025

    Texas Tells 5th Circ. Trump Executive Order Nixes Pay Ruling

    The Texas attorney general told the Fifth Circuit that its ruling in favor of the Biden administration's mandate increasing the minimum wage for federal contractors to $15 per hour must now be thrown out because President Donald Trump overturned the rule in an executive order last week.

  • March 18, 2025

    NC Dance Teams' TM Feud Likened To MLB Rivalry At 4th Circ.

    An attorney for a North Carolina charter school on Tuesday used one of the biggest rivalries in Major League Baseball to illustrate for the Fourth Circuit how two former teachers stole its allegedly trademarked dance team name and used pictures of the school's team to trick parents.

  • March 18, 2025

    Chief Justice Speaks Out After Trump's Impeachment Push

    U.S. Supreme Court Chief Justice John G. Roberts Jr. issued a rare statement Tuesday saying "impeachment is not an appropriate response to disagreement concerning a judicial decision" after President Donald Trump called for impeaching a judge who blocked the deportation of Venezuelans.

  • March 18, 2025

    DC Circuit Denies Copyright For AI-Created Artwork

    The D.C. Circuit on Tuesday rejected an inventor's appeal to obtain a copyright for an artwork made by his artificial intelligence system, affirming the stance from the U.S. Copyright Office that the law protects only human creations.

  • March 17, 2025

    US Chamber Says FCA Qui Tam Provisions Unconstitutional

    The U.S. Chamber of Commerce on Monday endorsed a legal challenge aimed at bringing down the whistleblower provisions in the False Claims Act, arguing there is a "manifest conflict between the modern FCA's qui tam provisions and Article II's text."

  • March 17, 2025

    Novartis Nabs Partial Ban Against MSN's Heart Drug Generic

    Novartis AG succeeded Monday in blocking a competitor from potentially selling a similar-looking generic drug for treating heart failure, with a New Jersey federal judge remarking that MSN Laboratories Pvt. Ltd. "could have distinguished its pills," though she was less convinced that the name "Novadoz" was confusingly similar to "Novartis."

  • March 17, 2025

    Biz Groups Push For High Court Review Of Cisco Spying Case

    National business groups are urging the U.S. Supreme Court to overturn a Ninth Circuit decision reviving a suit from a class of Falun Gong practitioners alleging that Cisco aided in the Chinese government's crackdown on the religious movement, claiming that the circuit's ruling could chill foreign investment and disadvantage American companies.

  • March 17, 2025

    Insurers Fight For Arbitration In La. Hurricane Damage Dispute

    A group of insurers is urging the Fifth Circuit to send its dispute with a Louisiana municipality over coverage for property damage caused by a pair of Category 4 hurricanes to arbitration, despite an opposing ruling last fall by the state's top court.

  • March 17, 2025

    4th Circ. Revives Tenant's FCRA Suit Over Disputed Debt

    The Fourth Circuit has revived a tenant's lawsuit over an allegedly bogus charge from her landlord, ruling that collection agencies are not exempt from their obligation to investigate Fair Credit Reporting Act claims if they involve a legal dispute.

  • March 17, 2025

    NJ Justices Deem Commissions Protected Under Wage Law

    The New Jersey Supreme Court clarified in a unanimous opinion Monday that workers who make commissions are subject to state wage law protections, handing a win to an employee who sold more than $32 million in personal protective equipment during three months of the COVID-19 pandemic.

  • March 17, 2025

    Del. Corporate Law Rework Has Roots In 2 Academic Papers

    A proposed overhaul of Delaware's corporations law that has rocked the First State's legal world has its origins in two works published in 2021 and 2001, written by some of the same jurists who helped draft legislation driven by alarm over corporate charter exits and shareholder suits.

  • March 17, 2025

    9th Circ. Says Capital One Cyberattacker Sentence Too Light

    A split Ninth Circuit panel Monday said a lower court judge was too lenient in sentencing a former Amazon.com Inc. coder to probation for orchestrating one of the nation's latest data breach crimes, finding that the district court judge erred in finding her actions were not "malicious."

  • March 17, 2025

    Judge Questions DOJ Timing Of Deportations After Injunction

    U.S. Chief District Judge James Boasberg admonished the Trump administration Monday for its seeming noncompliance with an oral order to turn around flights carrying Venezuelans who were deported under a presidential proclamation invoking the 1798 Alien Enemies Act.

  • March 17, 2025

    DC Circ. Skeptical Of Killing $200M Toll Road Arbitration Award

    The D.C. Circuit seemed to have its doubts Monday about the Peruvian city of Lima's argument that it should overturn the confirmation of a $200 million arbitral award over a failed toll road construction project because the lower court ignored its claim that the contract was acquired via bribe.

  • March 17, 2025

    Tort Report: Fatal Hippo Attack Prompts Suit Against Tour Co.

    A lawsuit over a woman's death from a hippo attack and the latest on a Fox News sex assault case lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • March 17, 2025

    Judge Ikuta's Sr. Status Plans Give Trump 9th Circ. Opening

    U.S. Circuit Judge Sandra Segal Ikuta of the Ninth Circuit will be taking semi-retired status upon appointment of her successor, a court representative confirmed to Law360 on Monday.

  • March 17, 2025

    Burger King Workers Defend Revived No-Poach Case

    Burger King employees are defending their proposed class action over the fast-food chain's past use of no-poach provisions in its franchise agreements, as the restaurant urges a Florida federal court to toss the claims despite an appeals court reviving them in 2022.

  • March 17, 2025

    IPRs Are Going Too Far, Fed. Circ. Told In Samsung Dispute

    A late 1990s tech developer suing Samsung over LED patent claims wants the full Federal Circuit to "confirm the limits Congress placed" on patent challenges, after a panel decided that the patent board could accept patent applications that are not publicly accessible as prior art.

  • March 17, 2025

    4 Suits Benefits Attys Should Watch As ESG Pressures Persist

    A New York City pension fund recently escaped a proposed class action challenging its decision to divest nearly $4 billion in fossil fuel stocks, but experts say potential liability related to environmental, social and governance investment factors in retirement plan investment decisions is on the rise. Here are four suits involving challenges to employee retirement plan investing and ESG that attorneys say they're watching after New York City escaped a suit from its workers.

  • March 17, 2025

    Wash. AG Backs Tribe's $400M Trespass Win Against BNSF

    The state of Washington has said the Ninth Circuit should uphold a trial judge's ruling that BNSF Railway Co. owes nearly $400 million for years of illegally running oil cars across tribal territory, arguing in an amicus brief the railroad must be held accountable for perpetuating "a pattern of disregard for the sovereignty of Native people."

  • March 17, 2025

    Calif. Panel Sides With Tribe In Hotel Construction Fight

    A California appeals panel has sided with a Native American tribe in its decision to reverse a lower court ruling and invalidate the city of Clearlake's approval of a hotel project on what was tribal land, finding that the city failed to comply with a state environmental law.

Expert Analysis

  • The Revival Of Badie Arbitration Suits In Consumer Finance

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    Plaintiffs have recently revived a California appellate court's almost 30-year-old decision in Badie v. Bank of America to challenge arbitration requirements under the Federal Arbitration Act, raising issues banks and credit unions in particular should address when amending arbitration provisions, say attorneys at Orrick.

  • Making The Case For Rest In The Legal Profession

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    For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.

  • 1st Circ. IMessage Ruling Illustrates Wire Fraud Circuit Split

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    The First Circuit’s recent decision that text messages exchanged wholly within Massachusetts but transmitted by the internet count as interstate commerce spotlights a split in how circuits interpret intrastate actions under the federal wire fraud statute, perhaps prompting U.S. Supreme Court review, say attorneys at ArentFox Schiff.

  • 4 Ways Women Attorneys Can Build A Legal Legacy

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    This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.

  • Justices' Revival Ruling In Bias Suit Exceeds Procedural Issue

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    The U.S. Supreme Court's recent ruling in Waetzig v. Halliburton allowed the plaintiff in an age discrimination lawsuit to move to reopen his case after arbitration, but the seemingly straightforward decision on a procedural issue raises complex questions for employment law practitioners, says Christopher Sakauye at Dykema.

  • Cleanup Claim Characterization Key For Timeliness Inquiry

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    The Tenth Circuit's recent ruling in Atlantic Richfield Co. v. NL Industries, determining that ARCO's contribution claim was timely, highlights the importance of accurately characterizing a claim for recoupment of environmental cleanup costs as a cost-recovery action or contribution to avoid dismissal or recharacterization of the claim, say attorneys at Spencer Fane.

  • A Judge's Pointers For Adding Spice To Dry Legal Writing

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    U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.

  • A Closer Look At Money Laundering Sentencing Issues

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    Federal money laundering cases are on the rise, often involving lengthy prison sentences for defendants who have little to no criminal history, but a closer look at the statistics and case law reveal some potentially valuable arguments that defense attorneys should keep in their arsenal, says Sarah Sulkowski at Gelber & Santillo.

  • Justices Likely To Issue Narrow Ruling In $1.3B Award Dispute

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    After last week's argument in Devas v. Antrix, the Supreme Court appears likely to reverse the holding that minimum contacts are required before a federal court may exercise personal jurisdiction over a foreign state and remand the case for further litigation on other important constitutional questions, say attorneys at Cleary. 

  • Pleading Rules At Stake In High Court Hamas Banking Case

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    While a case between victims of Hamas terrorist attacks and a Lebanese bank, recently argued before the U.S. Supreme Court, appears to ask a narrow question of which civil procedure rules apply to requests to reopen final judgments, how the justices rule could drastically change pleading strategies for future plaintiffs, say attorneys at Dorsey & Whitney.

  • What's At Stake In High Court Transgender Care Suit

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    The outcome of U.S. v. Skrmetti will have critical implications for the rights of transgender youth and their access to gender-affirming care, and will likely affect other areas of law and policy involving transgender individuals, including education, employment, healthcare and civil rights, say attorneys at ArentFox Schiff.

  • Considerations As Trump Admin Continues To Curtail CFPB

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    Recent sweeping moves from the Consumer Financial Protection Bureau's new leadership have signaled a major shift in the agency's trajectory, and regulated entities should prepare for broader implications in both the near and long term, say attorneys at Pryor Cashman.

  • 6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'

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    The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.

  • NCAA Rulings Signal Game Change For Athlete Classification

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    A Tennessee federal court's recent decision in Pavia v. NCAA adds to a growing call to consider classifying college athletes as employees under federal law, a change that would have unexpected, potentially prohibitive costs for schools, says J.R. Webster Cucovatz at Gilson Daub.

  • Copyright Ruling Could Extend US Terminations Worldwide

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    If upheld on appeal, Vetter v. Resnik, a recent ruling from a Louisiana federal court, could extend the geographical scope of U.S. copyright termination rights to foreign territories, say attorneys at Manatt.

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