Appellate

  • July 28, 2025

    9th Circ. Tosses 'Bike+' Infringement Claims Against Peloton

    The Ninth Circuit has declined to revive trademark infringement claims against Peloton brought by a professional cyclist's fitness app company, finding no reasonable factfinder could find a likelihood of consumer confusion between the app and one of Peloton's exercise bikes.

  • July 28, 2025

    Judge Again Cites Bias In NIH Fund Freeze As Gov't Appeals

    A Massachusetts federal judge on Monday reiterated his conclusion that the Trump administration's freeze of $783 million worth of National Institutes of Health grants was based on "palpable" gender and racial discrimination, as he acknowledged a pending request by the government to the U.S. Supreme Court to stay his order that the money be released.

  • July 28, 2025

    NJ Justices Fault Prison Officials Over Inmate Release Denial

    The New Jersey Supreme Court ruled unanimously Monday that the state Department of Corrections acted arbitrarily and unreasonably when it denied a dying inmate's bid for compassionate release based on outdated medical records and conflicting physician assessments — despite no statutory requirement for physical examinations.

  • July 28, 2025

    6th Circ. Revives Fired State Farm Worker's Retaliation Suit

    The Sixth Circuit reinstated a former State Farm worker's retaliation suit claiming she was fired for helping a co-worker pursue a disability bias complaint, ruling that she showed she may have been targeted for timekeeping violations out of revenge for her advocacy.

  • July 28, 2025

    Top 6 Immigration Cases To Track In 2nd Half Of 2025

    The U.S. Supreme Court's June decision curtailing nationwide injunctions promises to shape the trajectory of immigration litigation in the latter half of this year as litigants shift strategies and try other tactics to block the Trump administration’s sweeping immigration measures. Here, Law360 looks at six key immigration cases to watch in the latter half of the year.

  • July 25, 2025

    Social Media Cos. Score Toss Of 2022 Mass Shooting Suit

    A divided New York state appeals court on Friday dismissed a lawsuit that sought to hold Meta, Google and other social media companies liable for a fatal 2022 mass shooting that targeted Black people in Buffalo, New York, saying federal law shielded the companies from liability for the shooter's acts.

  • July 25, 2025

    ​In New Twist, W.Va. Judges Suddenly At Odds In Opioid Suits

    A new ruling in West Virginia opioid crisis litigation is revealing sharp divisions among the Mountain State's federal judges regarding a pivotal legal theory, potentially boosting a Fourth Circuit appeal by beleaguered municipalities aiming to erase a landmark win for drug distributors.

  • July 25, 2025

    6th Circ. Upholds Rape Charge, Says Defense Was Reasonable

    The Sixth Circuit has ordered a lower court to deny the habeas petition from a man who was convicted of raping a woman at a party, finding that, because his attorney was reasonable in defending the man, he cannot request that his sentence be tossed.

  • July 25, 2025

    11th Circ. Says Court Can't Nix Discovery Evidence In FCA Suit

    The Eleventh Circuit on Friday revived a whistleblower lawsuit that said moving companies conspired to defraud the U.S. General Services Administration, saying a lower court can't dismiss an amended complaint while ignoring information obtained through discovery.

  • July 25, 2025

    OpenAI Urges 9th Circ. To Ax Injunction In Trademark Dispute

    OpenAI has asked the Ninth Circuit to vacate an injunction temporarily blocking it from using the trademark associated with acquired competitor IO Products Inc., slamming the litigation as a "transparent attempt to exploit the recent merger announcement."

  • July 25, 2025

    4th Circ. Revives Kraft Heinz Suit Over Safety Complaints

    The Fourth Circuit on Friday overturned a win for Kraft Heinz Inc. in a suit by a former worker at a meatpacking plant who alleged that he'd been fired for reporting safety issues, saying the district court wrongly concluded that a separate disciplinary investigation was the sole reason he was terminated.

  • July 25, 2025

    DC Circ. Pauses Order Reinstating 2 NCUA Members

    The D.C. Circuit on Friday intervened and granted the Trump administration's request to pause a Washington federal judge's order reinstating two National Credit Union Administration board members fired by President Donald Trump, after the federal judge declined to pause the order himself.

  • July 25, 2025

    Kalshi Tells 3rd Circ. Fed Law Bars NJ From Restricting Its Biz

    Sports betting company Kalshi's so-called prediction market that allows users to wager on the outcome of real-world events counts as a federal derivative exchange and, as a result, can't be regulated by state enforcers, the gambling company told the Third Circuit.

  • July 25, 2025

    Texas Justices Leave Atty Fees In UDJA Cases Alone, For Now

    The Texas Supreme Court declined to take up a case dealing with attorney fees in suits where a court defines a legal relationship, but in a Friday opinion one justice wrote that the court will eventually need to address how jurisdiction plays into the issue.

  • July 25, 2025

    Drivers Ask 9th Circ. To Revive Fiat Chrysler Gear Shift Suit

    Chrysler drivers are asking the Ninth Circuit to revive their proposed class action alleging defective gear shifters in Fiat Chrysler vehicles, in a bid to overcome a California federal court's finding that the injury is hypothetical.

  • July 25, 2025

    Sports & Betting Cases To Watch In The Second Half Of 2025

    Certain court cases have become staples on both the midyear and end-of-year must-watch lists in sports and betting at Law360. One that seemed best positioned to finally fall off the list, as it turns out, is far from over: the multibillion-dollar NCAA settlement regarding name, image and likeness payments and revenue sharing with hundreds of thousands of college athletes. A handful of other suits from past years will also continue to bear watching through the end of 2025.

  • July 25, 2025

    9th Circ. Rejects Suit Against Wash. Youth Gender Care Laws

    A Ninth Circuit panel has unanimously declined to revive a challenge to a Washington state law allowing shelters to help runaway teens seek gender-affirming treatment without notifying their parents, ruling on Friday that the plaintiff parents and anti-trans advocacy groups haven't shown actual or imminent harm from the statute.

  • July 25, 2025

    9th Circ.: Gila River Tribe-Farmer Water Fight Not Over

    The Ninth Circuit has ruled a federal judge prematurely sided with the Gila River Indian Community in a water rights dispute, finding future fact-finding is needed before ordering Arizona farmers to shut off wells that allegedly draw water from the river.

  • July 25, 2025

    Helicopter Crash Suit Belongs In New Zealand, Calif. Court Says

    Survivors of a helicopter crash cannot sue the U.S.-based companies that manufactured the aircraft in Los Angeles County, a California appeals court said Thursday, affirming a trial court's finding that it makes more sense for New Zealand courts to handle the case because that's where the crash happened and where the passengers live.

  • July 25, 2025

    11th Circ. Overturns Funding Model For SEC Database

    The Eleventh Circuit sent the U.S. Securities and Exchange Commission back to the drawing board on Friday to chart a path forward for its $500 million market surveillance tool, telling the regulator that it was unreasonable to potentially force broker-dealers to fund the entire project.

  • July 25, 2025

    3rd Circ. Won't Revive Unraised Claims In Immigration Appeal

    The Third Circuit has rejected a Guatemalan mother and son's bid to overturn the Board of Immigration Appeals' denial of asylum and other removal protections, ruling that the board's summary affirmance of the underlying immigration judge's decision can't revive unexhausted claims.

  • July 25, 2025

    Ohio Court Tosses Sentence In Pot Case Over Phone Search

    An Ohio state court abused its discretion when it imposed the maximum possible jail sentence on a man who pled guilty to marijuana charges, a state appellate court has ruled, saying the judge improperly penalized the defendant for refusing to allow police to search his cell phone.

  • July 25, 2025

    Fluoride Fans Tell 9th Circ. To Preserve Drinking Water Use

    A pro-fluoride group is supporting the U.S. Environmental Protection Agency's fight to overturn a California federal judge's ruling that current limits on the chemical in drinking water aren't protective enough.

  • July 25, 2025

    5th Circ. Backs Life Insurer's Denial Of Disability Benefits

    A life insurance company did not abuse its discretion in discontinuing long-term disability benefits to a former employee of a payroll software provider after a review of updated medical records, the Fifth Circuit said, finding that substantial evidence supported the insurer's decision.

  • July 25, 2025

    4th Circ. Sends Power Plant Labor Row Back To Arbitration

    The Fourth Circuit ruled Friday that Wheeling Power Co.'s attempt to vacate an arbitrator's finding of liability in favor of a coal plant's labor union was premature because the decision wasn't final when Wheeling Power took the issue to court.

Expert Analysis

  • 9th Circ. Customs Ruling A Limited Win For FCA Plaintiffs

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    While the decision last month in Island Industries v. Sigma may be welcome news for False Claims Act relators, under binding precedent courts within the Ninth Circuit still do not have jurisdiction to adjudicate customs-based FCA claims pursued by the government, say attorneys at Morgan Lewis.

  • Opinion

    4 Former Justices Would Likely Frown On Litigation Funding

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    As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • Quantifying Trading-Based Damages Using Price Impact

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    The U.S. Securities and Exchange Commission will likely increasingly rely on price impact analyses to demonstrate pecuniary harm from trading-related misconduct, meaning measuring price impact will be helpful in challenging SEC disgorgement, determining appropriate remedies, and assessing loss causation and damages in private litigation, says Vyacheslav Fos at Boston College and Erin Smith at Compass Lexecon.

  • How Attys Can Use AI To Surface Narratives In E-Discovery

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    E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.

  • How McKesson Ruling Will Inform Interpretations Of The TCPA

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    Amid the U.S. Supreme Court's ruling in McLaughlin Chiropractic Associates v. McKesson, we can expect to see both plaintiffs and defendants utilizing the decision to revisit the Federal Communications Commission's past Telephone Consumer Protection Act interpretations and decisions they did not like, says Jason McElroy at Saul Ewing.

  • Justices Rethink Minimum Contacts For Foreign Entities

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    Two recent U.S. Supreme Court decisions, Devas v. Antrix and Fuld v. Palestine Liberation Organization, suggest that federal statutes may confer personal jurisdiction over foreign entities that have little to no contact with the U.S. — a significant departure from traditional due process principles, says Gary Shaw at Pillsbury.

  • Opinion

    High Court Must Overrule Outdated Patent Eligibility Doctrine

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    A certiorari petition should directly ask the U.S. Supreme Court to correct its 1972 patent decision in Gottschalk v. Benson, the critical point where patent eligibility law veered from the statutory text toward judicial policymaking, says Robert Greenspoon at Dunlap Bennett.

  • Examining TCPA Jurisprudence A Year After Loper Bright

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    One year after the U.S. Supreme Court overturned Chevron deference in Loper Bright v. Raimondo, lower court decisions demonstrate that the Telephone Consumer Protection Act will continue to evolve as long-standing interpretations of the act are analyzed with a fresh lens, says Aaron Gallardo at Kilpatrick.

  • Gauging The Risky Business Of Business Risk Disclosures

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    With the recent rise of securities fraud actions based on external events — like a data breach or environmental disaster — that drive down stock prices, risk disclosures have become more of a sword for the plaintiffs bar than a shield for public companies, now the subject of a growing circuit split, say attorneys at A&O Shearman.

  • How Justices' Ruling Limits Options To Challenge DHS Orders

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    In Riley v. Bondi, the U.S. Supreme Court recently ruled that a 30-day deadline for challenging deportation orders begins when the U.S. Department of Homeland Security issues a final administrative review order, opening the door for the government to effectively bar circuit court review in future similar cases, says Kevin Gregg at Kurzban Kurzban.

  • Series

    Playing The Violin Makes Me A Better Lawyer

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    Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.

  • Purdue Case Could Transform Patent Obviousness Analyses

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    If accepted for review by the U.S. Supreme Court, Purdue Pharma v. Accord Healthcare — concerning whether Purdue's abuse-deterrent opioid formulation patents were invalid as obvious — could significantly shift how courts weigh secondary considerations in patent obviousness analyses, say attorneys at Lathrop.

  • NM Cyber Ruling Will Spur Litigation As Coverage Remedy

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    In Kane v. Beazley, the New Mexico Court of Appeals recently found that a cyber liability provision insuring security breaches included coverage for funds transfer fraud, implicitly and incorrectly motivating policyholders to commence litigation to avoid contractual limitations on cyber coverages, say attorneys at Zelle.

  • Series

    Law School's Missed Lessons: Practicing Self-Care

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    Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard​​​​​​​ at MG+M.

  • Texas' Cactus Ruling Clarifies 'Produced Water' Rules

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    The Texas Supreme Court's decision in Cactus Water Services v. COG Operating, holding that mineral interest lessees have the rights to water extracted alongside oil and gas, should benefit industry players by clarifying the rules — but it leaves important questions about royalties unresolved, say attorneys at Yetter Coleman.

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