Appellate

  • March 21, 2025

    Fed. Circ. Revives Blood Pump Patent Suit Against J&J Unit

    The Federal Circuit on Friday reinstated a blood pump patent suit by a unit of Swedish medical device company Getinge AB against a Johnson & Johnson MedTech subsidiary, faulting a Massachusetts federal judge's claim construction that led the parties to stipulate that there was no infringement.

  • March 21, 2025

    Iraq Urges Supreme Court To Uphold $120M Immunity Ruling

    Iraq has urged the U.S. Supreme Court not to take up a petition asking it to clarify parts of the Foreign Sovereign Immunities Act's commercial activity exception, as it looks to avoid a $120 million judgment issued to a Pennsylvania defense contractor following a dispute over a two-decade-old contract.

  • March 21, 2025

    NC Top Court Revives Constitutional Claim In Forced Vax Suit

    The North Carolina Supreme Court Friday partially revived a family's lawsuit alleging a 14-year-old was given a COVID-19 vaccine without his parents' consent, saying a federal law that shields certain activity aimed at resolving the spread of disease during a public health emergency covers tort injuries, not state constitutional violations.

  • March 21, 2025

    Gibson Gets Infringement Finding Plus $1 In Guitar TM Retrial

    A Texas federal jury on Friday found that a Florida-based guitar maker infringed Gibson Brands Inc.'s trademarks on shapes of some of its famous guitars like the Flying V and Explorer but handed Gibson $1 after finding that it delayed bringing its claims.

  • March 21, 2025

    2nd Circ. Affirms Union Funds' Early Win In Oil Co. Audit Fight

    The Second Circuit affirmed Friday an early win for a group of Teamsters local union benefit funds in a dispute against a heating oil transportation company, backing a lower court's action to force compliance with the union local's audit of contributions for covered work by the company's truck drivers.

  • March 21, 2025

    NC Panel Weighs Judge's Bid To Toss Votes In Top Court Race

    The North Carolina state appeals court grappled Friday with whether voters can be held accountable for the mistakes of election officials as they weighed the merits of Republican candidate Judge Jefferson Griffin's election protests in the still-undecided state Supreme Court race.

  • March 21, 2025

    La.'s First Nitrogen Execution Reflects Broader Method Shift

    At a time when many states are reassessing the use of lethal injections in capital punishment, Louisiana's recent use of nitrogen gas to execute a death row prisoner points to a shift in states' exploration of alternative methods, with even death by firing squad on the table.

  • March 21, 2025

    1st Circ. Affirms Hold On Education Dept. Teacher Grant Cuts

    The First Circuit on Friday kept in place a Massachusetts federal judge's temporary block on $250 million in cuts to teacher training grants that were targeted by the Department of Education over their ties to diversity initiatives.

  • March 21, 2025

    La. Town Tells 5th Circ. No Arbitration For Hurricane Claims

    A Louisiana town seeking hurricane damage coverage urged the Fifth Circuit to uphold a Louisiana district court's decision finding an arbitration clause unenforceable, noting the Louisiana Supreme Court explicitly said it disagreed with a recent Fifth Circuit ruling that had ordered arbitration under similar circumstances.

  • March 21, 2025

    Cigna Wants Fees After Being Cleared In Payment IP Row

    Cigna has urged a Texas federal court to award it legal fees in a case where it was cleared of infringing a card payment patent, saying the patent owner was trying to get the court to rule that a Federal Circuit ruling on the same patent in another case was wrong. 

  • March 21, 2025

    Off The Bench: Celts Sold, Tennis 'Cartel,' DraftKings In Deep

    In this week's Off The Bench, two BigLaw titans help steer the record sale of a prestigious NBA franchise, tennis pros heap damning antitrust allegations on the sport's leadership, and DraftKings remains mired in a dispute over its use of baseball players' likenesses to promote their gambling offers.

  • March 21, 2025

    DC Circ. Won't Let Apple Intervene For Google Search Fix Trial

    A D.C. Circuit panel on Friday rejected Apple's appeal seeking to participate in the remedy trial for the U.S. Department of Justice's search monopolization case against Google next month.

  • March 21, 2025

    Mass. Court Shields Welfare Workers From Child Harm Claims

    Massachusetts' highest court said Friday that child welfare workers are immune from civil claims stemming from a fatal incident in which children were left unattended at a foster home overnight, saying the oversight shortcomings didn't directly cause the harm.

  • March 21, 2025

    Judge Accused Of Bias Expresses Regret Over MDL Remarks

    The chief judge of the Eleventh Circuit has dismissed a judicial ethics complaint alleging that a Florida federal judge had shown impermissible bias in favor of women leading the multidistrict litigation over the hormonal contraceptive drug Depo-Provera, after the judge said she "regrets any misunderstanding" and took steps to address the issue.

  • March 21, 2025

    3rd Circ. Takes On NJ Judicial Privacy Law's Constitutionality

    The Third Circuit has granted requests by several data brokers to review a lower court judge's ruling that New Jersey's judicial privacy and security measure, known as Daniel's Law, is constitutional.

  • March 21, 2025

    Conn. Firm Appeals Client's Win In Suit Over Email Scam

    The Connecticut law firm Mancini Provenzano & Futtner LLC says it will appeal a negligence verdict won by a client after a fraudster infiltrated one of its attorney's emails and tricked the client into wiring $90,586 to an incorrect account.

  • March 21, 2025

    Gas Co. Retirees Urge 11th Circ. To Revive Pension Suit

    Retirees of gas and electric utility Southern Company Services Inc. urged the Eleventh Circuit to revive their proposed class action alleging that their employer's outdated mortality tables lowered their pension payouts, arguing that a lower court wrongly tossed the dispute.

  • March 21, 2025

    NJ Panel Denies Bid To Block Affordable Housing Complex

    A New Jersey appellate court refused to block a Rumson affordable housing project that was being challenged by local residents who said some of the proposed buildings are too tall.

  • March 21, 2025

    4th Circ. Revives TM Fight Over 'Westmont' Retirement Homes

    A Virginia federal court incorrectly concluded that there could be no likelihood of confusion between two companies that operate retirement communities with the name "Westmont" because they are on opposite sides of the U.S., the Fourth Circuit said in remanding the case and ordering a more comprehensive analysis on potential consumer confusion.

  • March 21, 2025

    Gov't Backs GEO To Have Full 9th Circ. Mull $23.2M Wage Row

    A Ninth Circuit panel disregarded Congress' wishes when it ordered the GEO Group to pay $23.2 million because it needed to pay detainees in a work program under Washington state's minimum wage, the government said, backing the company's bid for rehearing.

  • March 21, 2025

    Criminal Inaction Can Be Violence, Justices Rule In Mob Case

    A divided U.S. Supreme Court on Friday upheld the conviction of an alleged New York mobster who argued he should not have been found guilty of a murder-for-hire scheme because he did not physically participate in the botched hit job.

  • March 21, 2025

    High Court Says Misleading Statements To FDIC Not Criminal

    The U.S. Supreme Court on Friday overturned a Seventh Circuit ruling that upheld the conviction of a former Chicago alderman for making false statements about loans from a defunct bank, clarifying that the federal law in question criminalizes false statements but not those that are merely misleading.

  • March 21, 2025

    Fed. Circ. Backs Actavis' $12M Patent Suit Cost Deduction

    Drugmaker Actavis can take a $12 million tax deduction for money it spent fending off lawsuits while securing approval to sell generic birth control and other drugs, the Federal Circuit ruled Friday, affirming the U.S. Court of Federal Claims' decision that the costs were deductible as ordinary business expenses.

  • March 20, 2025

    Judge Orders Feds To Explain If Removals Defied Injunction

    U.S. District Judge James Boasberg on Thursday called the Trump administration's Thursday response to his inquiry into whether the deportation of Venezuelans violated his injunction "woefully insufficient," and gave the administration until Friday morning to fulfill its obligations and provide the court with an adequate response.

  • March 20, 2025

    9th Circ. Judge Takes Aim At Calif. Gun Ruling On YouTube

    A Ninth Circuit judge on Thursday took to YouTube to issue a dissent over the court's decision to ban in California all high-capacity magazines for weapons, a move that several of his fellow judges lamented as "wildly improper" and said they needed to address "lest the genre proliferate."

Expert Analysis

  • Lessons Learned From 2024's Top FMLA Decisions

    Author Photo

    Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.

  • 5th Circ.'s Nasdaq Ruling Another Piece In DEI Policy Puzzle

    Author Photo

    The Fifth Circuit's recent en banc opinion vacating Nasdaq's board diversity listing rule wades into the hotly debated topic of diversity, equity and inclusion initiatives at a time when many public companies are navigating the attention that DEI commitments are drawing from activists and shareholders, say attorneys at Debevoise.

  • Lessons Learned From 2024's Top ADA Decisions

    Author Photo

    Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.

  • 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.

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!