The administrative agency of the federal court system said Tuesday that federal courts will have enough funding to continue operating until Jan. 25 despite the government shutdown, the second time the courts have extended the estimated date when they will have to start cutting staff.
During oral arguments before the Colorado Supreme Court in a lawsuit over an allegedly biased insurance appraiser Wednesday, attorneys for both Owners Insurance Company and the condominium association it is fighting said that ruling against their side would spur a wave of litigation over similar bias claims.
California's prevailing wage law could be expanded or narrowed, depending on how the state's highest court may rule on a question about the payment of workers who transport machinery to and from public construction projects, the Ninth Circuit said Tuesday.
Members of a New Jersey state appellate panel offered divergent views Wednesday on whether a lawyer had presented enough evidence to back up his class claims that homeopathic medicine from King Bio Inc. is falsely marketed as a treatment for the flu, a product he referred to as “a bottle of broken promises.”
Pfizer Inc. can’t enforce an arbitration clause that it never made its employees explicitly agree to, a New Jersey appeals court said Wednesday, clearing a former corporate flight attendant to sue for religious discrimination.
The Missouri Supreme Court has granted Johnson & Johnson's last-minute bid to pause a trial on claims that asbestos in the pharmaceutical giant's talcum powder products gave 13 women ovarian cancer, issuing a stay days before jury selection was scheduled to begin in St. Louis.
A Michigan appellate court said Tuesday improper jury instructions warrant a new trial in a suit accusing a firm of failing to pay a solo practitioner a $680,000 fee as part of a referral agreement in an auto collision suit that ended in a $10.2 million award.
The Missouri Supreme Court on Tuesday affirmed a jury's $28.9 million award in a suit accusing a hospital of failing to diagnose a woman's rare genetic disorder, which caused permanent brain damage and paralysis, and ruled that postjudgment interest was improperly denied by the trial judge.
On Wednesday, 100 years to the day after the United States ratified a constitutional amendment making alcohol sales illegal, the U.S. Supreme Court heard arguments in a referendum on the scope of the amendment that made it legal once more and gave individual states broad discretion to regulate the industry.
Auto parts maker JTEKT Corp. does not have constitutional standing to bring its case challenging rival GKN Automotive Ltd.'s favorable decision from the Patent Trial and Appeal Board up to the federal courts as the Japanese company would not be injured by the patent, GKN said in its U.S. Supreme Court brief.
Four tribes, joined by members of Congress, Indian law professors and others, urged the Fifth Circuit on Wednesday to overturn a Texas district judge's decision ruling the Indian Child Welfare Act unconstitutional, saying the law doesn’t racially discriminate and that the Constitution supports Congress’ broad power to enact laws regulating tribal matters.
Skeptical Delaware Supreme Court justices homed in Wednesday on a lack of written contract terms to back up an environmental cleanup firm’s appeal claim that insurance bills of a sold-off affiliate should have been picked up by the buyer.
The Miccosukee Tribe of Indians and a member have asked the U.S. Supreme Court to overturn an Eleventh Circuit decision that the member owes taxes on tribal payments the federal government contended were derived from casino revenue.
The Third Circuit on Wednesday affirmed that a Chubb Ltd. insurer doesn’t have to cover Tela Bio Inc.’s costs to defend against a trade secrets and unfair competition lawsuit brought by rival LifeCell Corp. over a hernia treatment product, agreeing with a lower court that the underlying action doesn’t contain any potentially covered defamation claims.
Whistleblower provisions of the False Claims Act are unconstitutional because they deputize private citizens with powers afforded to government officers, hospital giant Intermountain Healthcare told the U.S. Supreme Court.
The Federal Housing Finance Agency has told the full Fifth Circuit that it won't defend the constitutionality of the for-cause removal protection enjoyed by directors of the agency, a move that comes about a week before the court will sit for en banc rehearing in the case.
The Federal Communications Commission overstepped its bounds by placing conditions on Charter’s merger with Time Warner Cable and Bright House Networks that were unrelated to the transaction, a libertarian think tank has told the D.C. Circuit.
An Illinois construction company was too late to bring malpractice claims against Thompson Coburn LLP because the contractor should have known about the firm’s alleged negligence in securing a mechanics lien four years before filing suit, a state appellate court ruled Tuesday.
The University of Southern California told the U.S. Supreme Court that the court should review the Ninth Circuit’s finding that its employees couldn’t be compelled to arbitrate their Employee Retirement Income Security Act claims, arguing that the workers wrongly characterized the decision as a “mundane interpretation of contractual language.”
The parent company of Yellowpages.com has asked the U.S. Supreme Court to overturn two en banc Federal Circuit decisions allowing appeals of rulings that inter partes review petitions were filed on time, saying the appeals court is “running roughshod” over the America Invents Act.
The U.S. Supreme Court on Wednesday reheard oral arguments in a case concerning whether a Pennsylvania property owner can use the federal courts to pursue a claim that the local government unconstitutionally took value from her land, with Justice Brett Kavanaugh participating in the case for the first time.
The latest term ended with a bang with Justice Anthony Kennedy's retirement, but the cases themselves packed a punch this term. With the Supreme Court back at full strength, the docket was loaded with issues that divided the nine justices. Here, Law360 takes a look at the oddest voting lineups, the juiciest dissents and the best oral argument moments from a contentious session.
With more judicial vacancies at the start of his term than any president in the past three decades, President Donald Trump has an unusual opportunity to reshape the federal judiciary. Here is Law360's comprehensive guide to the nominations.
In a series of exclusive interviews with Law360, current and former Supreme Court justices discussed topics as varied as the president’s wartime powers, their own decision-making process, the confirmation of the court’s newest member, and the void left by the death of Justice Antonin Scalia.
The U.S. Supreme Court should agree to review the Federal Circuit’s standing jurisprudence in JTEKT v. GKN, and confirm a “dissatisfied” petitioner’s right to challenge an inter partes review decision, as set forth by Congress, say attorneys with Amster Rothstein & Ebenstein LLP.
With its recent decision in ABS Entertainment v. CBS Corp — striking down a local rule that governs the time period for filing a motion for class certification — the Ninth Circuit created a major change to class actions in the Central District of California, say attorneys with Akin Gump Strauss Hauer & Feld LLP.
Alternative dispute resolution providers have made great strides toward diversity, but recent statistics show there is still work to be done. There are certain steps ADR providers can take to actively recruit more women and minority candidates to serve as arbitrators and mediators, says James Jenkins of the American Arbitration Association.
Lately it’s become reasonable to ask: Is there any arbitration provision — however lopsided and unfair — that the U.S. Supreme Court won’t deem enforceable under the Federal Arbitration Act? Thanks to Tuesday's decision in New Prime v. Oliveira, the answer is finally yes, says Scott Oswald of The Employment Law Group PC.
Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.
A recent Government Accountability Office decision found that a nonavailability exception applied to a Defense Department solicitation for leather combat gloves even though the type of leather at issue was available domestically. The decision sheds light on the regulatory nuances regarding domestic sourcing, say attorneys at Covington & Burling LLP.
Last week, the U.S. Supreme Court denied certiorari in two major False Claims Act cases, both involving the government’s knowledge or suspicion of violations allegedly resulting in knowingly false claims. Nichols Liu LLP attorneys consider the implications for the materiality standard and FCA cases going forward.
On Wednesday, the U.S. Supreme Court hears argument in Byrd v. Tennessee Wine and Spirits Retailers Association, highlighting the conflict between states’ rights to regulate alcohol under the 21st Amendment and the restrictions in the U.S. Constitution's commerce clause on states’ power to regulate interstate commerce, says Alva Mather of DLA Piper LLP.
However the U.S. Supreme Court decides the third iteration of Franchise Tax Board v. Hyatt, argued on Jan. 9, it is much more likely that the opinion will be featured in federal courts casebooks than taxation casebooks. Nevertheless, the matter surely has some state tax relevance, says Jeffrey Reed of Kilpatrick Townsend LLP.
Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.