Appellate

  • January 08, 2025

    Trump Asks Supreme Court To Stop NY Sentencing

    Donald Trump asked the U.S. Supreme Court on Wednesday to halt proceedings in his New York criminal hush money case, including a sentencing hearing scheduled for Friday, as the president-elect seeks to throw out the charges and the jury's conviction.

  • January 07, 2025

    4th Circ. Revives Ex-NC State Athlete's Title IX Assault Suit

    The Fourth Circuit on Tuesday revived a former North Carolina State University athlete's claims the university didn't protect him from being sexually assaulted by the school's ex-director of sports medicine, finding that a report about the director's "sexual grooming" may have been enough to put the school on notice of the abuse.

  • January 07, 2025

    Hyundai Can't Ditch Fees In Settled Case, Calif. Justices Told

    Hyundai and a California couple fought before the state Supreme Court on Tuesday over whether a cost-shifting statute was triggered after the couple settled their lemon law dispute during trial for less than what Hyundai previously had offered, with the couple arguing a ruling against them could deter future settlements.

  • January 07, 2025

    9th Circ. Upholds Ore. Ban On Secret Audio Recordings

    A split en banc Ninth Circuit panel on Tuesday upheld as constitutional an Oregon law prohibiting secret audio recordings of people's conversations, ruling in a published opinion that the statute was narrowly tailored to Oregon's significant interest in ensuring its residents know when their conversations are recorded, even in public.

  • January 07, 2025

    2nd Circ. Denies BDO Second Shot At AmTrust Appeal

    The Second Circuit Tuesday denied BDO USA LLP's request for a rehearing of an appellate panel's decision not to overturn a suit brought by AmTrust Financial Services Inc. that alleged the auditor did a poor job reviewing the insurer's financial statements.

  • January 07, 2025

    Fed. Circ. Clarifies Role Of Corrected IP In Construction PGR

    The Federal Circuit on Tuesday backed a Patent Trial and Appeal Board decision upholding several claims in a Columbia Insurance Co. construction hanger patent, clarifying that the board's finding only applies to the original version of the claims.

  • January 07, 2025

    Feds Defend FCA Whistleblower Constitutionality At 11th Circ.

    The federal government has called on the Eleventh Circuit to uphold the constitutionality of the False Claims Act's whistleblower provisions, saying a Florida district court ruling otherwise is an "outlier" that goes against U.S. Supreme Court precedent.

  • January 07, 2025

    Cato Institute Urges Justices To Hear Jury Right Case

    The Cato Institute asked the U.S. Supreme Court Tuesday to accept a social media influencer's certification petition over the denial of a jury trial for a misdemeanor, saying the erosion of the Constitutional jury right for "all crimes" goes against the founders' intentions.

  • January 07, 2025

    Calif. Justices Urged To Rescue Malicious Prosecution Claims

    A fugitive recovery agent urged the California Supreme Court on Tuesday to revive malicious prosecution claims that a lower court struck under the attorney-malpractice law's one-year statute-of-limitations, arguing that he never had an attorney-client relationship with the defendant and so the two-year statute-of-limitations for tort claims must apply.

  • January 07, 2025

    Feds Urge 9th Circ. To Uphold Ringed Seal Protections

    The federal government and environmentalists on Monday asked the Ninth Circuit to keep Endangered Species Act protections for Arctic ringed seals in place and reject Alaska's effort to roll them back.

  • January 07, 2025

    Amneal Calls Teva's IP Delisting Panic 'Theatrical Distraction'

    The pharmaceutical industry won't fall into "chaos and disruption" if the Federal Circuit doesn't stay an injunction ordering Teva to remove inhaler patents from the Orange Book, and Teva's arguments otherwise are "a mere theatrical distraction" from the weakness of its position, according to Amneal Pharmaceuticals.

  • January 07, 2025

    10th Circ. Says Age Bias Didn't Drive Aircraft Co. Layoffs

    The Tenth Circuit declined Tuesday to revive a lawsuit from former Spirit AeroSystems Inc. workers who said the aircraft maker targeted older workers during a workforce reduction, ruling they hadn't shown the company was motivated by age discrimination.

  • January 07, 2025

    Surgeon Says Unprovided Report Should Nix Transplant Suit

    A lawsuit from the families of three patients who died on a Texas hospital's liver transplant waiting list should have been tossed because the families failed to provide an expert report to a surgeon accused of tampering with their data, the surgeon argued to a state appeals court Monday.

  • January 07, 2025

    9th Circ. To Let Feds Argue In Wash. ICE Inspection Law Fight

    The Ninth Circuit has said the U.S. government can participate in oral arguments over a blocked Washington law that allowed the state to inspect conditions at a privately-run immigration detention facility in Tacoma.

  • January 07, 2025

    AT&T, Biz Groups Urge Justices To Back Cornell's ERISA Win

    Top business and employee benefits industry lobbying groups along with telecommunications giant AT&T urged the U.S. Supreme Court to uphold Cornell University's victory over a federal benefits lawsuit alleging retirement plan mismanagement, in a flood of amicus briefs at the high court before arguments later this month.

  • January 07, 2025

    4th Circ. Says Farm Bill Does Not Preempt Va. Hemp Law

    The Fourth Circuit affirmed Tuesday that the federal farm bill legalizing hemp nationwide did not preempt Virginia's new law reining in intoxicating products containing THC derived from hemp.

  • January 07, 2025

    Detroit Flooding Class Quizzed On Decision To Skip Expert

    A Michigan appellate panel pressed flooding victims Tuesday to explain why they didn't use an expert to bolster their case that a regional water authority's neglect led to a mass flooding event in 2021, with the judges giving away little about whether they would ultimately revive the claims.

  • January 07, 2025

    'Unflattering' Story Not Defamatory, Gannett Says

    A tax firm's defamation suit against USA Today should be tossed, the newspaper's owner told Texas justices Monday, arguing that a 2021 investigative series was not defamatory even if its "gist" was "unflattering."

  • January 07, 2025

    Coinbase Judge Sends Crypto's Howey Question To 2nd Circ.

    A New York federal judge Tuesday waved through a request from Coinbase to have the Second Circuit weigh in on whether the cryptocurrency transactions on its platform are investment contracts, putting the U.S. Securities and Exchange Commission's ongoing registration suit against the crypto exchange on ice for now.

  • January 07, 2025

    Fla. Crash Victims Can't Get Insurer Payout In Revised Suits

    A Florida state appellate panel has blocked three vehicle crash victims' attempts to collect $16 million from an insurer, saying that the company wasn't properly joined as a party by the time settlements were reached and that final judgments were issued in two separate lawsuits over the same incident.

  • January 07, 2025

    Biotech Co. Urges NC Panel To Revive Legal Malpractice Suit

    A biotech company that lost a $22 million libel suit brought by a pharmaceutical executive has asked a North Carolina appeals panel for another shot at legal malpractice claims against its former legal counsel, arguing that a savings provision expands the statute of repose for the voluntarily dismissed claim to be revived.

  • January 07, 2025

    Texas Gov. Appoints District Judge To State Appellate Court

    Texas Gov. Greg Abbott has appointed a Hill County district judge to the Tenth Court of Appeals.

  • January 07, 2025

    Ga. Court Backs Trial Judge's Atty Fees Award In Crash Case

    The Georgia Court of Appeals has affirmed an award of $424,000 in additional attorney fees and costs in a car crash suit that ended in a $3 million verdict and $1.25 million in fees and costs, rejecting the plaintiff's argument that the trial court should have made a larger award but used the wrong legal standard.

  • January 07, 2025

    Ford Tells NJ Justices Car Group Can't Rely On Franchise Law

    Ford Motor Co. told the New Jersey Supreme Court during oral argument Tuesday that a coalition of car dealerships can't sue it under the state's franchising law, arguing the plain language of the law only allows for franchisees to bring a cause of action against franchisors.

  • January 07, 2025

    US Postal Service Faces 3rd Circ. Fight Over Philly Injury

    A woman who slipped and fell inside a Philadelphia post office more than six years ago told the Third Circuit that a federal judge erred in dismissing her lawsuit as untimely, arguing in a brief Monday that the court ignored factual disputes over the postal service's delays and missteps in issuing an administrative denial of her claim.

Expert Analysis

  • Series

    Playing Esports Makes Me A Better Lawyer

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

  • Contract Disputes Recap: Adjustments, Preclusion, Waivers

    Author Photo

    Ken Kanzawa at Seyfarth examines three recent decisions from the Civilian Board of Contract Appeals, the U.S. Court of Federal Claims and the Armed Services Board of Contract Appeals that examine distinctions between requests for equitable adjustments and claims, forum selection and res judicata, and the waiver of penalties for expressly unallowable costs.

  • The Justices' Securities Rulings, Dismissals That Defined '24

    Author Photo

    The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.

  • 10 Noteworthy CFPB Developments From 2024

    Author Photo

    In a banner year for consumer finance regulation, the Consumer Financial Protection Bureau made significant strides in its efforts to rein in Big Tech and nonbank financial firms, including via rules regarding open banking, credit card late fees, and buy now, pay later products, say attorneys at Wiley.

  • Series

    Fixing Up Cars Makes Me A Better Lawyer

    Author Photo

    From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.

  • 2024 Has Been A Momentous Year For ESG

    Author Photo

    Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.

  • Making The Pitch To Grow Your Company's Legal Team

    Author Photo

    In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.

  • Justices May Find Gov't Can Keep Fraudulent Transfer Benefit

    Author Photo

    Based on the justices' questions at the recently argued U.S. v. Miller, the Supreme Court appears prepared to hold that the U.S. — unlike any other creditor — is permitted to retain the benefits of a fraudulent transfer to the detriment of other bankruptcy creditors, says Kevin Morse at Clark Hill.

  • Why Letters Of Protection Are Discoverable In Texas PI Suits

    Author Photo

    Recent Texas Supreme Court opinions and key provisions of the Texas Rules of Civil Procedure make letters of protection, in which plaintiff attorneys promise payment to healthcare providers based on jury awards, discoverable — good news for defendants fighting exorbitant damage claims in personal injury cases, says Nathan Vrazel at Munsch Hardt.

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!