Appellate

  • October 26, 2021

    Full DC Circ. Digs Deep Into If Transfers Trigger Title VII Bias

    A full D.C. Circuit panel spent nearly three hours Tuesday morning delving deep into the hypotheticals of employment discrimination to determine whether transferring or refusing to transfer an employee based on their race or gender violates Title VII.

  • October 26, 2021

    USPTO Pick Touted By Attys, But May Face Senate Fight

    The nomination of Winston & Strawn LLP partner Kathi Vidal to lead the U.S. Patent and Trademark Office was welcomed by observers who said her patent experience should give her insight into how to improve the office, though two key senators appear divided on the pick.

  • October 26, 2021

    No Fixed Timeline For Migrant Bond Hearings, 1st Circ. Says

    A split First Circuit panel doubled back on a case from 2016 on Tuesday to reaffirm that migrants with certain criminal convictions lack a constitutional right to bond hearings after six months in immigration custody, tossing a lower court's reasonable detention framework.

  • October 26, 2021

    Ojibwe Tribe Tells 8th Circ. Its Court Should Hear Pipeline Suit

    The White Earth Band of Ojibwe urged the Eighth Circuit on Tuesday to reject a Minnesota agency's bid to block its tribal court from hearing a challenge to an Enbridge pipeline expansion, saying the lower court rightly found that the tribe and its chief judge both have sovereign immunity to the agency's claims.

  • October 26, 2021

    9th Circ. Partially Revives False Ad Suit Over Frozen Chicken

    The Ninth Circuit on Tuesday partially resurrected a proposed class action alleging Conagra Brands Inc. misleadingly labeled its frozen chicken as "natural" and free of preservatives, finding that it was unclear if the U.S. Department of Agriculture's Food Safety and Inspection Service had approved the labels.

  • October 26, 2021

    Texas Justices Mull Liability For $400K Check-Fraud Scam

    Cadence Bank told the Texas Supreme Court in oral arguments Tuesday that if it left in place lower court rulings freeing from liability an attorney who fell victim to a $400,000 check-fraud scam, it could create an environment in which banks are reluctant to make funds available in a timely manner.

  • October 26, 2021

    Senate Confirms Trial Court Picks For DC, NJ And Va.

    The Senate confirmed three district court nominees Tuesday, backing judges for seats in the District of Columbia, New Jersey and Virginia.

  • October 26, 2021

    Judicial Ethics Chair Faces Questions Over Recusals

    A recent report detailing failed recusals by 131 federal judges has "highlighted gaps that we can address," U.S. Circuit Judge Jennifer Walker Elrod, the chair of the judiciary's code of conduct committee, told lawmakers Tuesday, stressing the need for more training for judges.

  • October 26, 2021

    9th Circ. Snuffs Dealers' German Car Co. Antitrust MDL

    The Ninth Circuit said Tuesday that car dealerships didn't have enough facts to plausibly allege there was an overarching conspiracy among German auto giants to control diesel emissions system specifications and steel prices to unreasonably restrain trade in violation of U.S. antitrust law.

  • October 26, 2021

    NY Appeals Court Revives Suit Over Child's Ice Rink Injury

    A New York state appeals court on Tuesday revived a personal injury suit by a mother whose 7-year-old daughter's thumb was torn off at a temporary ice rink, finding there is a factual dispute over whether the owners and operators negligently maintained and constructed the rink.

  • October 26, 2021

    DC Circ. Says Texas Can't Intervene In Migrant Policy Suit

    The D.C. Circuit on Tuesday denied Texas' bid to intervene in a challenge to the federal government's use of a public health law to expel migrant families, after the state argued it had a stake in protecting its residents from the coronavirus.

  • October 26, 2021

    Construction Co. Urges Texas Justices To Undo $1.1M Award

    The Texas Supreme Court on Tuesday zeroed in on whether it should apply substantial compliance or strict compliance in reviewing the contracts underlying a $1.1 million dispute over a soured deal to build a Louisiana chlor-alkali plant.

  • October 26, 2021

    Lawyer Who Missed Args Says Opposing Atty Misled 7th Circ.

    A Seventh Circuit panel on Tuesday ordered an attorney to show cause for why she shouldn't be disciplined for failing to appear at oral arguments the day before, but she says opposing counsel had agreed to convey details of the parties' settlement on behalf of both parties.

  • October 26, 2021

    ViSalus Seeks 9th Circ. Reprieve From $925M TCPA Verdict

    Health supplement maker ViSalus has asked the Ninth Circuit to lift a $925 million "death sentence" against it for sending 2 million unsolicited robocalls, arguing that product promoters and customers voluntarily gave their phone numbers.

  • October 26, 2021

    Guam Man's $3.7M Tax Rehearing Bid Too Late, 9th Circ. Says

    The Ninth Circuit rejected a Guam man's bid for the court to reconsider its affirmation of the territory's $3.7 million tax assessment against him, saying he submitted the request too late.

  • October 26, 2021

    Philly Can't Dodge Vets' Virus Crowd Limit Suit, 3rd Circ. Told

    Philadelphia officials can't escape accountability for an allegedly unconstitutional COVID-19 crowd limit just because the policy is no longer in effect, a city-based Vietnam veterans group told the Third Circuit on Tuesday as it fought a lower court's determination that the issue is moot.

  • October 26, 2021

    5th Circ. Allows Texas Co.'s E-Cigs To Stay On Market

    A Fifth Circuit panel on Tuesday said a Texas e-cigarette maker could continue to market its flavored products, despite the U.S. Food and Drug Administration's recent denial order, finding the agency "simply ignored" the company's marketing plan.

  • October 26, 2021

    6th Circ. Frees Time Warner From Smoke Alarm Death Suit

    The Sixth Circuit on Tuesday threw out claims that Spectrum Security LLC and the security arm of Time Warner Cable's failure to maintain a smoke alarm led to a woman's death in an Ohio house fire, saying the woman was responsible for the alarm after ignoring months of low-battery alerts.

  • October 26, 2021

    Stanford Investors Fight $45M Interest On Receiver Clawback

    A group of Stanford International Bank investors asked the Fifth Circuit to reverse a $45 million interest award that a lower court tacked onto a $79 million fraudulent transfer clawback by the receiver appointed after Stanford's Ponzi scheme collapsed.

  • October 26, 2021

    1st Circ. Says BIA Must Mull If Virus Paused Appeal Deadline

    A Jamaican woman who missed her deadline to appeal deportation has another chance to do so after the First Circuit ruled that the Board of Immigration Appeals should consider her extension request, filed in the early days of the pandemic.

  • October 26, 2021

    5th Circ. Told To Stand By Nixing Of Texas Latex Dancer Fee

    The Fifth Circuit should reject a rehearing bid filed by the Texas comptroller to reconsider its finding that a rule imposing a fee on clubs whose dancers cover themselves with liquid latex was unconstitutional, an adult entertainment business association said.

  • October 26, 2021

    Texas Panel Ends Ex-UT Doctor's Age Discrimination Suit

    A Texas appeals court on Tuesday said a hospital affiliated with the University of Texas has sovereign immunity against age discrimination claims brought by a former physician, overturning a lower court.

  • October 26, 2021

    Full Dallas Appeals Court Debates ERCOT Immunity Status

    A full state appellate court on Tuesday attempted to decode Texas statutes related to the state's primary electricity grid operator, the Electric Reliability Council of Texas Inc., to determine whether the private nonprofit organization is an arm of the government that can be immune from litigation.

  • October 26, 2021

    DOD Redactions May Derail Torture Testimony, Justices Told

    Counsel for a Guantanamo Bay prisoner seeking to subpoena information about his torture told the U.S. Supreme Court that the federal government's attempts to curtail the contents of his testimony may undermine a compromise the court tried to broker.

  • October 26, 2021

    11th Circ. Clears Way For Enterprise To Settle WARN Act Suit

    In light of a settlement reached between Enterprise and former employees of the company alleging it should have given notice of mass layoffs due to the COVID-19 pandemic, the Eleventh Circuit relinquished power over the appeal and remanded the dispute to the district court to consider the agreement.

Expert Analysis

  • Why State Law Noncompliance Is Federally Risky For Pot Biz

    Author Photo

    The Sixth Circuit's recent U.S. v. Trevino decision, affirming federal marijuana convictions against an unlicensed Michigan dispensary owner, shows how businesses not in compliance with state medical marijuana law risk losing the protection of an appropriations bill amendment that prohibits federal prosecution, says Lloyd Pierre-Louis at Dickinson Wright.

  • Opinion

    High Court Should Safeguard Tribal Children In ICWA Case

    Author Photo

    With Brackeen v. Zinke on its doorstep, the U.S. Supreme Court must use this opportunity to reaffirm the Indian Child Welfare Act in order to uphold U.S. treaty obligations with tribal nations and protect Native American children, says Angelique EagleWoman at the Mitchell Hamline School of Law.

  • Series

    Confronting Origination Credit: Why GCs Need To Speak Up

    Author Photo

    In order to promote diversity and inclusion in the legal profession, in-house counsel should leverage their influence by talking to their outside firms about fair origination credit allocation, because many law firm compensation systems are still shrouded in mystery, and underrepresented attorneys often face entrenched inequities, says Michelle Banks at BarkerGilmore.

  • Pa. Tax Talk: Tax Cap Cases Highlight Chevron Issues

    Author Photo

    The Commonwealth Court's recent decision in Alcatel-Lucent USA v. Pennsylvania — the latest in a string of cases using the Chevron test to address remedy for a tax cap for net loss carryover — underscores the subjective nature of the test and how it can be construed to reach seemingly disparate results, says Jennifer Karpchuk at Chamberlain Hrdlicka.

  • Resolving When Fla. Consumer Statute Gives Cos. Standing

    Author Photo

    Courts in Florida have struggled over whether a business has standing to bring a claim under the Florida Deceptive and Unfair Trade Practices Act when consumers suffer harm — but there is an argument that has not yet been considered that could resolve the question, say Aaron Weiss and Michael Zilber at Carlton Fields.

  • Nine Point Ruling Limits High Court Bankruptcy Contract Rule

    Author Photo

    A Delaware federal court's recent decision in Caliber North Dakota v. Nine Point Energy Holdings — that nondebtor counterparties' contract rights terminate upon bankruptcy rejection when they depend upon the debtor's future performance — establishes an important outer boundary of the rejection-as-breach rule established by Supreme Court precedent, say attorneys at Proskauer.

  • Opinion

    9th Circ. COVID Coverage Ruling Misapplies Burden Of Proof

    Author Photo

    The Ninth Circuit’s recent decision in Mudpie v. Travelers Casualty Insurance, dismissing a COVID-19 insurance coverage claim, incorrectly applied the burden of proof to the policyholder instead of the insurer, disregarding the crucial differences between third-party liability and first-party all-risks insurance policies, says Lee Epstein at Flaster Greenberg.

  • Financial Planning Tips For Retiring Law Firm Partners

    Author Photo

    As the pandemic accelerates retirement plans for many, Michael Delgass at Wealthspire Advisors outlines some financial considerations unique to law firm partners, including the need for adequate liquidity whether they have capital accounts or pension plans.

  • Feds May Need Power To Take State Lands For New Grid

    Author Photo

    The Biden administration's plan to move the U.S. electricity sector to renewable energy will require extensive new high-voltage transmission infrastructure, but since states have the ability to block construction of power lines, Congress will need to give federal regulators eminent domain authority over state-owned lands to get the job done, say attorneys at V&E.

  • 4 Practical Pointers For Litigating A Design Patent Case

    Author Photo

    The recent Federal Circuit opinions in Campbell Soup v. Gamon Plus and the case of SurgiSil underscore the substantial differences between design patents and utility patents, but intellectual property litigators can better prepare themselves to dive into this area by keeping in mind a few critical recommendations, says Nathan Sabri at MoFo.

  • Future Of Issue Exhaustion In Agency Rulemaking Challenges

    Author Photo

    The U.S. Supreme Court's decision in Carr v. Saul clarified when the doctrine of administrative issue exhaustion applies, but because lower courts may only apply that framework in the adjudicatory context, parties who fail to raise all issues during agency rulemaking may risk forfeiting judicial review, say attorneys at WilmerHale.

  • Preparing Remote Deposition Defenses For Corporate Entities

    Author Photo

    As remote depositions will remain common for the foreseeable future, attorneys defending a deposition notice or subpoena to a corporation should implement certain strategies to mitigate unique challenges, such as less planning time and increased difficulty of establishing rapport with witnesses, say attorneys at Sidley.

  • 7th Circ. Ruling Offers Arbitration Clarity For ERISA Claims

    Author Photo

    Although the Seventh Circuit recently decided a retirement plan arbitration provision was unenforceable in Smith v. Board of Directors of Triad Manufacturing, the ruling is the court’s first broad approval of the dispute-resolution method for Employee Retirement Income Security Act claims, and provides arbitration clause guidance for plans covered by the statute, say attorneys at Winston & Strawn.

  • How To Overcome Procedural Hurdles Of Texas Abortion Law

    Author Photo

    Charles Rhodes at South Texas College of Law and Howard Wasserman at Florida International University College of Law outline four strategies to challenge Texas’ new fetal heartbeat law in federal court, arguing that despite widespread alarm, the statute does not eliminate traditional mechanisms of judicial review.

  • Strategies To Counter Broad Approach To IPR Estoppel

    Author Photo

    Until the Federal Circuit resolves a recent district court split on the scope of inter partes review estoppel for nonpublication art, defendants should consider the likelihood of estoppel being applied broadly and try to persuade courts that the narrower approach is more in line with the Patent Act, say Asim Bhansali and Nicholas Roethlisberger at Kwun Bhansali.

Want to publish in Law360?


Submit an idea
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!