Appellate

  • March 19, 2025

    Activist Asks 9th Circ. To Revive Meta, Twitter RICO Fight

    Political activist Laura Loomer urged the Ninth Circuit on Wednesday to revive her latest racketeering lawsuit alleging Meta and Twitter conspired with the government to censor conservative voices, arguing the lawsuit is distinct from three prior suits in part because this case involves accounts she used as a political candidate.

  • March 19, 2025

    10th Circ. Says 'Corner-Crossing' Hunters Didn't Trespass

    A Tenth Circuit panel has ruled that Wyoming hunters who used an A-frame ladder to cross over private property to access public lands didn't trespass, finding an 1885 American frontier law protects the public's right to "corner-cross" and access public lands that are otherwise enclosed by private property.

  • March 19, 2025

    Mich. Judges Fret Over Danger Of Proposed Disclosure Rules

    Michigan Supreme Court justices on Wednesday heard feedback on proposed changes to judicial canons to broaden judges' financial disclosure requirements and expressed concern over the need to balance transparency and accountability with the safety of judges and their families amid a rise in threats against the judiciary.

  • March 19, 2025

    Ohio Opioid Judge Says Texas Court Should Hear Appeal Bid

    An Ohio federal judge overseeing multidistrict opioid litigation denied Albertsons Cos.' request to appeal its summary judgment loss in the bellwether case brought by a Texas county, saying Wednesday that since pretrial proceedings are now done, the appeal should head to the appellate court for the Lone Star State.

  • March 19, 2025

    3rd Circ. Passes On Appeal Of NJ Judicial Privacy Law Ruling

    Data brokers cannot consolidate dozens of lawsuits in federal court that claim they violated the New Jersey data privacy statute known as Daniel's Law, after the Third Circuit declined to revisit an earlier ruling that sent the lawsuits back to state court.

  • March 19, 2025

    Law360 Announces The Members Of Its 2025 Editorial Boards

    Law360 is pleased to announce the formation of its 2025 Editorial Advisory Boards.

  • March 19, 2025

    Legal Advertising Co. Escapes Texas Hurricane Ad Suit

    An Arizona-based legal advertising company has ducked barratry claims in Texas over its efforts to attract victims of Hurricane Ida, with a state appeals panel affirming a trial court's ruling that the state court lacked jurisdiction over the company's work with Louisiana residents.

  • March 19, 2025

    Pot Co. Can't Upend Borough's Support For Rival Shop

    A New Jersey appeals panel won't let a would-be Keyport cannabis dispensary prevent the borough from granting support for a cannabis license to one of its rivals, saying the trial court was right to find that the process was not arbitrary or capricious.

  • March 19, 2025

    Sig Sauer Loses Bid To DQ Experts In Accidental Firing Case

    The Sixth Circuit on Tuesday rejected Sig Sauer's petition for the full court to disqualify expert testimony that its P320 pistol was defectively designed because it lacked safety features used in other firearms.

  • March 19, 2025

    'They're Walking Away': Ripple Labs Says SEC To Drop Appeal

    Ripple Labs CEO Brad Garlinghouse said Wednesday the U.S. Securities and Exchange Commission will drop its Second Circuit appeal of a summary judgment in its headline-grabbing enforcement action over Ripple's XRP token.

  • March 19, 2025

    Conn. Justices Say ALJs Can Clearly Award Disability Benefits

    Reversing a lower court, the Connecticut Supreme Court has ruled that state law plainly empowers administrative law judges to award ongoing temporary disability benefits in workers' compensation cases, such as one brought by a hospital worker whose wrist was damaged restraining a patient.

  • March 18, 2025

    9th Circ. Says Nike Bias Suit Docs Can Be Ordered Destroyed

    The Ninth Circuit on Tuesday ruled that a lower court was allowed to make an Oregon newspaper destroy documents it obtained related to internal workplace complaints at Nike, saying the newspaper became a party to the lawsuit alleging workplace discrimination against female employees when it intervened to get the documents.

  • March 18, 2025

    NBA Asks High Court To Weigh In On VPPA Data Sharing Suit

    The NBA has urged the U.S. Supreme Court to weigh in on a Second Circuit decision that revived a Video Privacy Protection Act suit alleging that the league shared video viewing activities of its website's visitors with Meta, arguing that the plaintiff lacked standing since the information wasn't publicly disseminated or highly personal.

  • March 18, 2025

    Full 9th Circ. Mulls Reviving Workers' LA Schools Vax Fight

    Unvaccinated workers urged an en banc Ninth Circuit panel Tuesday to affirm a split decision reviving their proposed class action challenging a since-rescinded Los Angeles Unified School District's employee COVID-19 vaccine policy, while the district's counsel defended the policy as necessary and prudent, but also argued the case is moot.

  • March 18, 2025

    Music Publishers, Anthropic Fight Over Song Lyric Discovery

    Music publishers urged a California federal magistrate judge Tuesday to order artificial intelligence company Anthropic to produce certain song lyric data from both before and after Anthropic implemented "guardrails" to prevent Anthropic's AI tool "Claude" from outputting copyrighted lyrics, while Anthropic slammed the discovery request as overly broad.

  • March 18, 2025

    Tribe Members Complicate Tesoro Pipeline Row, 8th Circ. Told

    Tesoro High Plains Pipeline Co. has urged the Eighth Circuit to deny landowning tribe members' bid to intervene in the company's lawsuit challenging the federal government's right-of-way trespassing claims against it, saying that the United States adequately represents their interests and that they would only complicate the case.

  • March 18, 2025

    Port Project Fight Belongs In Arbitration, 3rd Circ. Hears

    An affiliate of Latin America-focused investment and asset management firm Notarc is urging the Third Circuit to send its dispute over control of a lucrative $1 billion port project near the Panama Canal to arbitration, saying a lower court mistakenly ruled the claims fell outside an underlying arbitration clause.

  • March 18, 2025

    FCC Quarterly Subsidy Rate Should Be Zero, Group Says

    The Federal Communications Commission should set the fee that telecom companies have to pay to fund the agency's telecom subsidy system to zero for the next quarter, says a group that is in the middle of challenging the agency's right to collect those fees at all.

  • March 18, 2025

    Norfolk Southern Asks Justices To Skip CSX's Antitrust Case

    There's no reason the U.S. Supreme Court should disturb a Fourth Circuit ruling finding railway giant CSX waited too long to bring an antitrust lawsuit against Norfolk Southern over a switching line the two companies have been fighting over for years now, Norfolk has told the justices.

  • March 18, 2025

    Trump Admin Asks 4th Circ. To Halt Employee Rehiring Order

    The Trump administration on Monday evening asked the Fourth Circuit for an emergency stay of a Maryland federal judge's restraining order requiring the reinstatement of probationary employees who were fired from 18 federal agencies, saying the suing states don't have standing to represent the fired workers.

  • March 18, 2025

    6th Circ. Panel Torn On Reviving Chevy Cruze Emissions Suit

    A Sixth Circuit panel wrestled Tuesday with whether it is precedent-bound to revive claims that General Motors misled car buyers about the emissions of Chevrolet Cruze vehicles marketed as having "clean" diesel engines.

  • March 18, 2025

    Judge Sets Deadline For DOJ Answers On Deportation Flights

    U.S. Chief District Judge James Boasberg gave the Trump administration until Wednesday at noon to provide more details about deportation flights that may have violated his order halting the deportations of alleged Venezuelan gang members.

  • March 18, 2025

    10th Circ. Judge Probes Colo. On Opt-Out Law's Lender 'Focus'

    A Tenth Circuit judge asked Colorado how it can claim that an interest rate opt-out provision hinges on a borrower's location when "it's pretty clear" the statute it falls under is focused on lenders, at a hearing Tuesday in banking groups' challenge to a state law capping interest rates on consumer lending.

  • March 18, 2025

    Google, Apple Urge 9th Circ. To Reject Search Collusion Case

    Google and Apple are urging the Ninth Circuit to reject an appeal from an advertiser seeking to revive a case accusing Google of paying Apple to stay out of the search market, arguing that a ruling in the government's search case against Google has nothing to do with the claims.

  • March 18, 2025

    Enbridge, Whitmer Spar Over Immunity In Line 5 Lawsuit

    A lawyer for Michigan's governor faced tough questioning Tuesday from a three-judge Sixth Circuit panel considering her request to toss Enbridge Energy LP's lawsuit over the Line 5 pipeline, though a judge also suggested that the company's requested relief in the case was "extraordinarily broad."

Expert Analysis

  • Questions Remain After Justices' Narrow E-Rate FCA Ruling

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    The U.S. Supreme Court’s recent decision in Wisconsin Bell, holding that requests for reimbursement from the Federal Communications Commission's E-Rate program are subject to False Claims Act liability, resolves one important question but leaves several others open, says Jason Neal at HWG.

  • Opinion

    Attorneys Must Act Now To Protect Judicial Independence

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    Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.

  • Colo. Anti-SLAPP Cases Highlight Dismiss Standard Disparity

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    A pair of recent decisions from the Colorado Court of Appeals highlights two disparate standards for courts evaluating anti-SLAPP motions: one that requires a court to accept the plaintiff's evidence as true and another that allows the court to assess its merits, says Jacob Hollars at Spencer Fane.

  • Appealing An Interlocutory Order On Insurer Duty To Defend

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    A recent First Circuit decision on a motion regarding an insurer's duty to defend underlying litigation highlights how policyholders may be able to pursue immediate appeals of interlocutory orders, especially in light of other circuit courts' stances on this issue, say attorneys at Anderson Kill.

  • Rethinking 'No Comment' For Clients Facing Public Crises

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    “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

  • Del. Supreme Court TripAdvisor Ruling May Limit 'MFW Creep'

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    The Delaware Supreme Court's recent Maffei v. Palkon ruling regarding TripAdvisor's proposed reincorporation to Nevada potentially signals a turning point in the trend of expanding the protections from Kahn v. M&F Worldwide to other types of transactions, says Andrew J. Haile at Elon University.

  • 9th Circ. Draws The Line On Software As A Derivative Work

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    The Ninth Circuit's recent decision in Oracle International v. Rimini Street clarifies the meaning of derivative work under the Copyright Act, and when a work based upon a preexisting item doesn't constitute a derivative, says John Poulos at Norton Rose.

  • As Failure-To-Warn Preemption Wanes, Justices May Weigh In

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    Federal preemption of state failure-to-warn claims has long been a powerful defense in strict liability tort cases, but is now under attack in litigation over the weedkiller Roundup and other products — so the scope and application of preemption may require clarification by the U.S. Supreme Court, says Michael Sena at Segal McCambridge.

  • How Design Thinking Can Help Lawyers Find Purpose In Work

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    Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.

  • Justices' Certiorari Denial Leaves Interstate Tax Questions

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    Since the U.S. Supreme Court recently declined to review a Philadelphia resident’s claim that her Delaware state income taxes should be credited against her city wage tax liabilities, constitutional questions about state and local tax distinctions linger, and some states may continue to apply Supreme Court precedent differently, say attorneys at Dentons.

  • Trending At The PTAB: Insights From 2024 Fed. Circ. Statistics

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    Looking at stats from the Federal Circuit's decisions in 219 Patent Trial and Appeal Board appeals last year sheds light on potential trends and strategy considerations that could improve appeals' chances of success, say attorneys at Finnegan.

  • Will Independent Federal Agencies Remain Independent?

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    For 90 years, members of multimember independent federal agencies have relied on the U.S. Supreme Court's 1935 ruling in Humphrey's Executor v. U.S. establishing the security of their positions — but as the Trump administration attempts to overturn this understanding, it is unclear how the high court will respond, says Harvey Reiter at Stinson.

  • High Court Sentencing Case Presents Legal Fork In The Road

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    On Feb. 25, the U.S. Supreme Court will hear arguments in Esteras v. U.S. about the factors trial courts may consider when imposing a sentence of imprisonment after revoking supervised release, and the justices’ eventual decision may prioritize either discretion or originalism, says Michael Freedman at The Freedman Firm.

  • Del. Justices' D&O Ruling Clarifies 'Related' Claim Analysis

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    In its recent decision in the Alexion Pharmaceuticals coverage case, the Delaware Supreme Court adopted a "meaningful linkage" standard for relatedness analysis, providing further guidance to Delaware policyholders on how to navigate those directors and officers insurance disputes, say attorneys at Hunton.

  • Class Actions At The Circuit Courts: February Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal appellate court class certification decisions and identifies practice tips from cases involving breach of life insurance contracts, constitutional violations of inmates and more.

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