Appellate

  • September 30, 2022

    11th Circ. Says Solid Atlanta Harassment Policy Dooms Suit

    The Eleventh Circuit on Friday backed the city of Atlanta's win in four female employees' lawsuit alleging the city didn't take proper action after they complained about a colleague sexually harassing them, ruling the city had a solid reporting policy in place that the workers failed to use.

  • September 30, 2022

    3 Things To Watch At High Court Wetlands Oral Arguments

    The federal government's ability to regulate and require permits under the Clean Water Act will hang in the balance Monday as the U.S. Supreme Court hears arguments from landowners and business groups pushing for a narrow statutory interpretation and the government and environmentalists seeking more expansive authority.

  • September 30, 2022

    Justice Ketanji Brown Jackson Takes Bench, Makes History

    Justice Ketanji Brown Jackson received her official commission Friday in a ceremony attended by President Joe Biden and Vice President Kamala Harris, becoming the first Black female justice to take the nation's top bench in its 230-year history.

  • September 29, 2022

    Ala. Electoral Map A 'Textbook' Violation of VRA, Holder Says

    Alabama's new congressional map is a "textbook" example of racial discrimination barred by the Voting Rights Act, former Attorney General Eric Holder said on Thursday, days before the U.S. Supreme Court will hear oral arguments in a case that has piqued the interest of everyone from tribal advocates to the American Bar Association.

  • September 29, 2022

    IP Forecast: Philip Morris Looks To Snuff Out ITC Ban

    Two of the largest tobacco companies in the world head to the Federal Circuit to fight over a ban R.J. Reynolds won at the U.S. International Trade Commission that blocked Philip Morris from importing IQOS-branded heated tobacco products into the U.S. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • September 29, 2022

    11th Circ. Reverses Geico's Early Win In $18M Golf Cart Case

    The Eleventh Circuit ruled Thursday that a golf cart is covered by a Geico auto insurance policy issued to the cart driver's parents, reversing a Florida district court's decision that the insurer doesn't have to cover an $18 million collision between the golf vehicle and a car. 

  • September 29, 2022

    ASICS Says Order In $6.1M Shoe Fight Threatens Subpoenas

    ASICS America Corp. claimed a discount retailer "hijacked" a proceeding over the enforcement of an out-of-state subpoena so that it could "leap frog" actions occurring in California and make Texas courts handle a $6.1 million contract dispute, the company told a Texas appellate court.

  • September 29, 2022

    9th Circ. Lets Calif. Court Decide 2nd Shot For False Ad Class

    A Post Holdings Inc. subsidiary couldn't sway the Ninth Circuit to block a proposed class action in California state court that raises the same false advertising claims already thrown out by a federal court, with the Ninth Circuit saying Thursday it's up to the state court to decide whether the case is barred.

  • September 29, 2022

    Pa. Justices Say Retrial Was Waived In $6.3M Med Mal Case

    The Pennsylvania Supreme Court on Thursday reversed a lower appeals court's new trial order in a medical malpractice suit against a cardiologist and hospital, saying the providers waived their right to challenge pain-and-suffering damages awarded by the jury because they did not request a verdict sheet listing categories of damages.

  • September 29, 2022

    US To Tell Justices Daily Paid Workers Deserve Overtime

    The U.S. Supreme Court will allow the U.S. Solicitor General to present oral arguments in favor of extending overtime pay protections to oil rig workers and other workers paid flat, daily wages.

  • September 29, 2022

    North Dakota Can Intervene In Riverbed Row, DC Circ.Told

    North Dakota should be allowed to take part in litigation involving a Native American tribe's bid to profit from natural resources extracted from under the Missouri River, state officials told the D.C. Circuit, saying it has a stake in more than $100 million in oil and gas revenue tied up in that land.

  • September 29, 2022

    DOJ Asks 3rd Circ. To Pause Sugar Deal For Appeal

    The U.S. Department of Justice asked the Third Circuit on Thursday to pause the planned tie-up of U.S. Sugar Corp. and Imperial Sugar while the agency appeals the trial court's rejection of its merger challenge, saying the companies refuse to delay the deal, even temporarily.

  • September 29, 2022

    NJ High Court Skeptical Of Fee Challenge In Rite Aid Suit

    The New Jersey Supreme Court appeared skeptical Thursday of a former Rite Aid manager's challenge to a judge's ruling awarding less than a sixth of the roughly $5 million in counsel fees and costs he sought in his successful sexual orientation discrimination case, noting how the judge identified shortcomings with the request.

  • September 29, 2022

    Pa. Judge Won't Stop Counties Letting Voters Fix Bad Ballots

    A Pennsylvania appellate judge blocked a bid Thursday by state and national Republicans to stop counties from letting voters "cure" defective mail-in ballots that otherwise wouldn't be counted in the upcoming election, though the decision is all but certain to be appealed to the state Supreme Court.

  • September 29, 2022

    Fed. Court Not Right For Texas Power Price Suit, 5th Circ. Told

    Texas utility regulators said a power retailer's lawsuit against the state's grid operator over its efforts to max out energy prices during a 2021 winter storm wrongly seeks to have a federal bankruptcy court address strict matters of state law.

  • September 29, 2022

    High Court Halts Generic Gilenya As Novartis Appeals IP Loss

    The U.S. Supreme Court has blocked for now the mandate of a recent Federal Circuit decision that a Novartis Pharmaceuticals patent covering multibillion-dollar multiple sclerosis drug Gilenya is invalid.

  • September 29, 2022

    14 States Back NYC's Fast-Food Just Cause Law At 2nd Circ.

    Overturning a New York City law that protects fast-food workers from being fired without reason would ripple beyond the Big Apple, 14 states and the District of Columbia told the Second Circuit, warning that such a decision would jeopardize state and local laws regulating employment conditions across the U.S.

  • September 29, 2022

    6th Circ. Affirms Ky. Clerk Liable In Gay Marriage License Suit

    The Kentucky county clerk who drew national attention in 2015 for refusing to issue marriage licenses in protest of the U.S. Supreme Court legalizing same-sex marriage cannot buck a federal court ruling that she violated two couples' constitutional rights, a Sixth Circuit panel held Thursday.

  • September 29, 2022

    Nuix Knowingly Misled Investors, Australian Watchdog Says

    The Australian Securities & Investments Commission has launched federal litigation against Nuix that alleges the legal tech firm proffered deceptive statements about the company's financial forecast last year.

  • September 29, 2022

    DC Circ. Wary Of Challenge To Tribal COVID Fund Distribution

    A D.C. Circuit panel on Thursday doubted it could send the U.S. Department of the Treasury back to the drawing board to adjust for a second time its distribution of COVID-19 relief funds to certain Native American tribes, explaining that the court can't require the department to use a specific calculation.

  • September 29, 2022

    Fed. Circ. Affirms PTAB Save Of Merck Diabetes Drug Patent

    The Federal Circuit has backed the Patent Trial and Appeal Board's decision to uphold a patent on Merck's blockbuster diabetes drug Januvia, the latest decision in a broader fight between Merck and patent challenger Mylan Pharmaceuticals.

  • September 29, 2022

    Universal Health Strikes Deal In Sweeping 401(k) Suit

    Universal Health Services Inc. agreed to resolve a 60,000-member class action alleging the company mismanaged employees' 401(k) plan by loading it with expensive and poorly performing investment options, according to filings in Pennsylvania federal court.

  • September 29, 2022

    Doctor's Testimony Defeats CSX Worker's Appeal, Court Says

    An Indiana appeals panel will not allow a CSX worker to revive a Federal Employers' Liability Act suit over an alleged workplace injury after a trial court approved the railroad company's bid for summary judgment, citing the treating physician's testimony that the injury was unlikely to have been caused by the type of incident described.

  • September 29, 2022

    Ginni Thomas Tells Jan. 6 Panel Election Was Stolen

    Virginia "Ginni" Thomas, wife of U.S. Supreme Court Justice Clarence Thomas, met with the House Select Committee investigating the Jan. 6 attack on the U.S. Capitol on Thursday, telling panel members she still believes the 2020 presidential election was fraudulent, according to remarks from the committee's chair.

  • September 29, 2022

    Ga. Panel Issues Mixed-Bag Ruling In Property Transfer Case

    A Georgia resident's transfer of three properties while in default on a $2 million bank loan was fraudulent, the Georgia Court of Appeals found Thursday, reversing a lower court's finding about a fourth property transfer.

Expert Analysis

  • Series

    Keys To A 9-0 High Court Win: Practicality Over Perfection

    Author Photo

    When I argued for the petitioner in Wooden v. U.S. last year, I discovered that preparation is key, but so is the right kind of preparation — in giving decisive answers to the U.S. Supreme Court justices' hypothetical questions I was not aiming for perfection, just the best response available, says Allon Kedem at Arnold & Porter.

  • What New Bar Exam Means For Law Students And Schools

    Author Photo

    Stephanie Acosta at UWorld discusses how law students and law schools can start preparing now for the new bar exam launching in 2026, which is expected to emphasize real-world lawyering skills-based tasks over rote memorization.

  • State COVID Insurance Rulings Highlight Errors In Dismissals

    Author Photo

    Recent California and Vermont decisions in favor of policyholders, along with a $48 million jury verdict in Texas, underscore the error that courts are making by dismissing COVID-19 business interruption lawsuits at the pleading stage without consideration of the facts and evidence in each case, say Joseph Niczky and Michael Levine at Hunton.

  • 9th Circ. Delta-8 Ruling Was Probably A Blip, Not A Landmark

    Author Photo

    Though the Ninth Circuit’s recent decision in AK Futures v. Boyd St. Distro provided clarity for those seeking to enforce trademark protections for Delta-8 THC products, it likely will not lead to long-term change, and it would be unwise to interpret the ruling as a green light for intoxicating hemp, says Marshall Custer at Husch Blackwell.

  • High Court Likely To Review Social Media Speech Censorship

    Author Photo

    In light of the circuit split on whether two state laws intended to prohibit social media platforms from censoring speech violate the First Amendment — and Justice Samuel Alito's recent dissent in support of U.S. Supreme Court review — it's very probable that at least one of the laws at issue will head to the high court, say attorneys at Cahill Gordon.

  • Apple's New Messaging Features Will Complicate E-Discovery

    Author Photo

    Apple's newest mobile operating system allows users to edit and recall messages and recover deleted messages, which could significantly increase the time, burden and expense of processing and analyzing cellphones if messages or their associated metadata become an area of scrutiny in a case, says Jarrett Coco at Nelson Mullins.

  • Making The Argument For A Meaningful Sentence Reduction

    Author Photo

    As a recent case in Florida federal court shows, when a criminal defendant accepts responsibility but still faces a sentencing guideline that exceeds a statutory cap, counsel should rely on Eleventh Circuit precedent to argue in favor of a meaningful reduction of prison time, say Joseph DeMaria and Marissa Kingman at Fox Rothschild.

  • Recent Cases Guide On Use Of Experts In Employment Trials

    Author Photo

    Experts can help judges and juries understand a range of issues in employment litigation, from statistical data to damages, and recent cases involving admissibility challenges provide lessons for the careful selection of experts to meet Daubert standards, say Kathleen Anderson and John Maley at Barnes & Thornburg.

  • Law Firm Inclusion Efforts Often Overlook Business Staff

    Author Photo

    Law firms committed to a culture of universal inclusion can take steps to foster a sense of belonging in their business services teams, says Jennifer Johnson at Calibrate Consulting.

  • 11th Circ. Ruling Emphasizes Article III Struggles After Spokeo

    The Eleventh Circuit's element-comparison test in Hunstein v. Preferred Collection to determine when intangible harm meets Article III standing sparked a sharp divide in the court, showing the struggle with this analysis will likely continue in the wake of the U.S. Supreme Court's Spokeo v. Robins decision, say attorneys at Hinshaw & Culbertson.

  • Retail Ruling Clarifies Attorney Fees For Large Ch. 11 Cases

    Author Photo

    A Virginia federal court’s recent order in the Retail Group bankruptcy matters shines light on the relevant factors for approving fee applications in complex Chapter 11 cases, confirming the importance of making an appropriate factual record to support professional fee applications, say Jason Harbour and Justin Paget at Hunton.

  • Considerations For Interstate Travel For Abortion Post-Dobbs

    Excerpt from Practical Guidance
    Author Photo

    Due to the patchwork of state laws regarding the legality of abortion following the U.S. Supreme Court's Dobbs v. Jackson Women's Health Organization decision, it's important to consider the state of current and potential laws about traveling for abortion services, say Virginia Bell Flynn and Tina Safi Felahi at Troutman Pepper.

  • Reexamining Negative Limitations After Novartis Patent Ruling

    Author Photo

    The Federal Circuit's decision and denial of rehearing in Novartis v. Accord has created exacting standards that must be met in order for negative limitations in patent claims to satisfy the written description requirement, but whether the dissent is correct that the majority opinion heightened the standard is an arguable point, say Jonathan Fitzgerald and Jaime Choi at Snell & Wilmer.

  • The Murky Status Of TCPA Standing In The 11th Circ.

    Author Photo

    The Eleventh Circuit's lack of clarity regarding Telephone Consumer Protection Act standing, which it acknowledged in its recent Drazen v. Pinto decision, may be rooted in a number of cases involving different subsections of the TCPA, say Aaron Weiss and Charles Throckmorton at Carlton Fields.

  • What's At Stake In Court Split Over Foreign Bribery Charges

    Author Photo

    Texas and Florida federal courts recently reached opposite conclusions on the extraterritorial application of U.S. money laundering laws in foreign bribery prosecutions, and if the Fifth Circuit upholds the Texas court’s reasoning, the U.S. Department of Justice could lose a significant enforcement tool, say James Koukios and Heather Han at MoFo.

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!