Appellate

  • December 20, 2024

    Watchlist Flouts Justices' Major-Questions Ruling, Petition Says

    Four individuals backed by the Council on American-Islamic Relations are urging the U.S. Supreme Court to review the government's terrorist watchlist, saying a Fifth Circuit ruling affirming its legality eviscerated the justices' major questions doctrine.

  • December 20, 2024

    Argentina Asks Justices To Review Bondholders' $310M Win

    Argentina wants the U.S. Supreme Court to resolve a circuit split over what law applies when determining whether a country's assets are shielded from creditors under the Foreign Sovereign Immunities Act, saying its reversionary interests worth $310 million in collateral backing recently matured 1990s Brady bonds are immune.

  • December 20, 2024

    High Court Bar's Future: Williams & Connolly's Sarah Harris

    Sarah M. Harris of Williams & Connolly LLP never planned on being a U.S. Supreme Court advocate, or even an appellate one. She stumbled upon that career path after realizing her initial goal of becoming a national security or government lawyer wasn't the right fit.

  • December 20, 2024

    Full Fed. Circ. Won't Review Case Salesforce Said Caused Split

    The full Federal Circuit has refused to review a ruling that revived a software patent suit against Salesforce and sunk a $6.9 million attorney fee award it won, turning aside the company's argument that the decision created a split within the court that will cause "recurring confusion."

  • December 20, 2024

    Colo. Panel Upholds Antero's $215M Wastewater Contract Win

    A Colorado appellate panel will hold a wastewater solutions firm to a $215 million judgment for breaching salt standards in a contract to build a fracking water treatment plant for Antero Resources, recognizing an email referencing the criteria as a part of a change order and thus the deal itself.  

  • December 20, 2024

    Litigator On The Roof: The Acting, Singing Mass. Solicitor

    The top appellate lawyer in the Massachusetts Office of the Attorney General will be ringing in the new year by performing a comical cantata by Johann Sebastian Bach, the latest show in a lengthy side career in music.

  • December 20, 2024

    9th Circ. Orders Closer Security Review In Muslim Spying Suit

    The Ninth Circuit on Friday partially revived a long-running putative class action over the FBI's alleged surveillance of Muslims in Southern California, saying more work needs to be done before determining whether the case is so tied to state secrets that it puts national security at risk.

  • December 20, 2024

    A Look Back At 2024's Major Securities Litigation Moments

    The private securities litigation bar experienced a busy 2024, with meaningful and significant rulings in almost all of the nation's leading courts, and corporations, investors, government agencies and executives fighting over pay packages, disclosures, class certifications and mergers.

  • December 20, 2024

    Panel Baffled Why Prosecutor Left Holding Bag In Weed Case

    A Michigan state judge who stuck the Wayne County Prosecutor's Office with a $66,000 bill for marijuana destroyed by police and said he'd "let the Court of Appeals sort it out" left those appellate judges scratching their heads — and reversing his decision on Thursday.

  • December 20, 2024

    3rd Circ. Denies Challenge To Pa. Autism Settlement

    A Third Circuit panel on Friday rejected claims a settlement requiring around-the-clock care for a woman with autism is too impractical to be enforced, reversing a lower-court decision and handing a victory to the Pennsylvania woman's family.

  • December 20, 2024

    TikTok Divestment Deadline Must Be Extended, Senators Say

    TikTok is set to be removed from app stores in the United States in less than a month, but two senators have urged President Joe Biden to kick the can down the road with an extension that would prevent "serious hardship" to both creators and users.

  • December 20, 2024

    Fed. Circ. Says Teva Inhaler Patents Can't Be In Orange Book

    The Federal Circuit on Friday upheld a decision that Teva Pharmaceuticals improperly listed its asthma inhaler patents in the U.S. Food and Drug Administration's Orange Book, saying that only patents that claim a drug's active ingredient can be included in the database.

  • December 20, 2024

    Asus Can't Overturn $660K Patent Verdict At Fed. Circ.

    Federal Circuit judges were unpersuaded Friday to do anything about an almost $660,000 jury verdict against laptop maker Asus, deciding that the Taiwanese electronics business was largely too late to ask questions about the ownership of a patent developed by a defunct chipmaker over two decades ago.

  • December 20, 2024

    6th Circ. To Group FedEx, Kellogg Pension Data Appeals

    The Sixth Circuit on Thursday rejected a request to stay a case alleging FedEx Corp. uses outdated actuarial assumptions in calculating certain retirees' annuities, pending a similar appeal from Kellogg Co. retirees, saying it would instead group the cases together.

  • December 20, 2024

    Court Opens Window For Patient To Pierce COVID Immunity

    A Michigan appellate court said Wednesday medical malpractice claims from a patient seeking help for pandemic-related stress were barred because her hospital admittance and alleged injuries had a connection to the COVID-19 pandemic, but the court directed a lower court to consider letting the patient plead a gross negligence exception to the state's pandemic response immunity.

  • December 20, 2024

    Calif. Panel Says Woman Has Right To Sue Over Home Sale

    A California state appeals court reversed a quick win granted to Sotheby's International Realty Inc. and other real estate brokers in a suit filed over a $3.15 million sale of a Malibu home, ruling in a published decision that the homeowner legally allowed his daughter to sue over the property sale.

  • December 20, 2024

    The Top Cases Of 2024 In Texas: Year In Review

    Texas closed out the year with blockbuster rulings on social media companies’ use of biometric data and the U.S. Securities and Exchange Commission’s expanded definition of a dealer. Here are the biggest decisions out of Texas that topped Law360’s radar this year.

  • December 20, 2024

    DC Circ. Backs Dismissal Of Energy Co.'s $1.1B Angola Suit

    The D.C. Circuit refused Friday to revive an energy company's lawsuit against Angola over $1.1 billion worth of nixed power plant contracts, agreeing with courts in New York that the dispute must be litigated in the African country.

  • December 20, 2024

    The Most Significant Trade Secrets Cases Of 2024

    Insulet Corp. became the latest company to notch a colossal trade secrets award, and a new presidential administration has attorneys wondering what will become of the Federal Trade Commission's pending proposal to ban employee noncompete agreements. Here's a look at trade secrets cases that defined 2024 and what to expect from the FTC in the coming year.

  • December 20, 2024

    The Biggest Climate Change Rulings Of 2024: Year In Review

    Federal courts delivered several rulings this year that are expected to significantly impact future climate change litigation and policy development, including Supreme Court decisions reshaping administrative law and D.C. Circuit findings on project development and automotive emissions controls. Here are the four biggest climate change decisions of 2024.

  • December 20, 2024

    Top Product Liability Cases Of 2024

    Some of the top cases for product liability for 2024 include an Ohio Supreme Court ruling on opioids and public nuisance, baby formula trials and an appellate decision in Fosamax litigation. 

  • December 20, 2024

    Top Personal Injury, Med Mal Rulings Of 2024

    A federal appellate panel's ruling in a "blackout challenge" death suit against TikTok's owner and a U.S. Supreme Court decision over whether bump stocks can be considered machine guns under a federal agency's rule were among Law360's top personal injury and medical malpractice rulings in 2024.

  • December 20, 2024

    DC Circ. Says Toxic Subtances Rule Threatens Trade Secrets

    A D.C. Circuit panel on Friday threw out a facet of new Toxic Substances Control Act regulations that the judges said could lead to the unwanted disclosure of chemical manufacturers' trade secrets.

  • December 20, 2024

    Biggest Washington Decisions Of 2024

    Washington courts in 2024 saw a state judge permanently block Kroger's planned $24.6 billion purchase of Albertsons, just about an hour after an Oregon federal judge reached a similar decision, leading the deal to collapse.

  • December 20, 2024

    11th Circ. Won't Reconsider Nixing $440M Cuba Dock Claim

    The Eleventh Circuit said it won't take a second look at its decision upending a $440 million judgment against four cruise lines that were accused of participating in prohibited tourism in Cuba by way of utilizing a dock that once belonged to a U.S.-based company.

Expert Analysis

  • 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.

  • 4 Trade Secret Pointers From 2024's Key IP Law Developments

    Author Photo

    Four significant 2024 developments in trade secret law yield practical tips about defending trade secrets overseas, proving unjust enrichment claims, forcing compliance with posttrial orders and using restrictive covenants to prevent employee leaks of confidential intellectual property, say attorneys at Faegre Drinker.

  • Data Privacy Landscape After Mass. Justices' Wiretap Ruling

    Author Photo

    In Vita v. New England Baptist Hospital, Massachusetts’ highest court recently ruled that the state’s wiretap law doesn’t prohibit all tracking of website user activity, but major financial and reputational risks remain for businesses that aren't transparent about customer’s web data, says Seth Berman at Nutter.

  • Ledbetter's Legacy Shines In 2024 Equal Pay Law Updates

    Author Photo

    The federal Lilly Ledbetter Fair Pay Act turned 15 this year, and its namesake's legacy is likely to endure in 2025 and beyond, as demonstrated by 2024's state- and local-level progress on pay equity, as well as several rulings from federal appellate courts, say attorneys at Fisher Phillips.

  • Opinion

    Justices Rightly Corrected Course In Nvidia And Facebook

    Author Photo

    By dismissing both the Nvidia and Facebook class actions, over investors' ability to hold corporations accountable for fraud, the U.S. Supreme Court was right in refusing to favor corporations over transparency, and reaffirmed its commitment to corporate accountability, investor protection and the rule of law, says Laura Posner at Cohen Milstein.

  • Top 10 Whistleblowing And Retaliation Events Of 2024

    Author Photo

    From a Florida federal court’s ruling that the False Claims Act’s qui tam provision is unconstitutional to a record-breaking number of whistleblower tips filed with the U.S. Commodity Futures Trading Commission, employers saw significant developments in the federal and state whistleblower landscapes this year, say attorneys at Proskauer.

  • When US Privilege Law Applies To Docs Made Outside The US

    Author Photo

    As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
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!