Justice Brett Kavanaugh on Monday suggested a way to simplify the U.S. Supreme Court’s approach to overruling precedent, saying in a concurrence that the current “muddle” surrounding stare decisis “poses a problem for the rule of law and for this court.”
As the showdown between Michael Flynn and a D.C. federal judge heats up, the president's former national security adviser has invoked the words of an unlikely source — U.S. Supreme Court Justice Ruth Bader Ginsburg — to support the retired general's bid to escape prosecution.
The International Trade Commission asked the U.S. Supreme Court on Tuesday to send a patent dispute involving Comcast set-top boxes back to the Federal Circuit to be reconsidered since the ITC's orders blocking the importation of the boxes have expired, making the case moot.
A California appeals court sent to trial a landlord's suit over insurance coverage of a fire resulting from a tenant's illegal modification of the electrical system to grow marijuana, saying Tuesday that a jury needs to decide whether the landlord knew or could have found out about the tenant's actions.
The U.S. Supreme Court on Tuesday ended South Dakota's efforts to tax spending by nontribal members at a Native American casino, turning down the state's challenge to an Eighth Circuit holding in favor of the Flandreau Santee Sioux Tribe.
The D.C. Circuit on Tuesday sided with the U.S. Department of Health and Human Services in a long-running dispute with hospitals over reduced reimbursements for inpatient admissions, finding the hospitals weren't entitled to more relief than they'd already gotten.
Ohio residents on Tuesday lost their bid to get the U.S. Supreme Court to determine whether and how the First Amendment applies to subject matter restrictions on ballot initiatives with regard to their efforts to get marijuana decriminalization measures on the ballot.
Three men convicted of defrauding certain colleges by making illicit payments to basketball recruits in violation of NCAA rules told the Second Circuit on Friday that the U.S. Supreme Court's recent decision to toss convictions from the Bridgegate scandal shows that they should not have been convicted of fraud.
After the Pennsylvania Supreme Court reinstated a $2.4 million jury verdict, a lower appeals court on Tuesday resolved the remaining appellate issues in the suit accusing a hospital of causing a knee surgery patient's fall and broken leg, saying the reinstated verdict should be left intact.
Massachusetts' high court said Tuesday that a proposed ballot initiative easing restrictions on alcohol sales passes legal muster, paving the way for the question to go before voters in November.
An auto industry group is throwing its support behind the federal government's new greenhouse gas and fuel economy standards, telling the D.C. Circuit it should be a party in a challenge to the rule brought by the Competitive Enterprise Institute, which has said it wants the standards frozen.
The Massachusetts Supreme Judicial Court on Tuesday delayed all state court jury trials until at least Sept. 8 and kept the courts closed to the public through June due to the COVID-19 pandemic.
The U.S. Supreme Court refused Tuesday to take up an appeal by General Electric over the Federal Circuit's "rigid rules" on who can contest an unsuccessful patent challenge, as well as a Teva unit's appeal of a written description ruling that it claimed could lead to "perverse consequences."
Florida Gov. Ron DeSantis made two long-awaited appointments to the Florida Supreme Court on Tuesday, tapping a Miami-based partner at Kobre & Kim LLP and a state judge from Palm Beach County despite the latter's ineligibility to be sworn in until September.
The U.S. Supreme Court on Tuesday declined to consider a dispute over the alleged infringement of copyrighted seismic data brought by a Canadian oil exploration company against its U.S. competitor.
A farming company asked the Eighth Circuit on Tuesday to reconsider its finding that damage to grain silos was not an "accident" because it was a foreseeable result of shoddy workmanship, saying the panel's decision goes against precedent and essentially eliminates general liability coverage for contractors.
The U.S. Supreme Court on Tuesday refused to block a court order that forces an Ohio federal prison dealing with a deadly COVID-19 outbreak to streamline the transfer of vulnerable inmates, taking issue with the "procedural posture" of the government's request.
The U.S. Supreme Court on Tuesday said it won't review a Third Circuit decision that allowed the 2015 confirmation of a troubled laboratory company's Chapter 11 plan over opposition from creditors that argued the plan unconstitutionally released key parties from damage claims without creditor consent.
The U.S. Supreme Court on Tuesday declined to review a Seventh Circuit decision that forced a steel company to pay for the bulk of cleanup efforts at an Indiana steel mill site in a case the company said could help uniformly establish the timeliness of cleanup suits.
The U.S. Supreme Court on Monday refused to hear arguments from a construction company over whether it gave up its right to appeal in a contract dispute when it inked an agreement to drop the entirety of its claims if a Pennsylvania bankruptcy judge ruled against it in the case.
The U.S. Supreme Court declined Tuesday to review an Illinois couple's efforts to challenge their $3.4 million tax liability and the government's sale of their assets to satisfy that debt.
The U.S. Supreme Court on Tuesday allowed the widow of Aimee Stephens, a transgender woman who died earlier this month, to take her place in a major LGBTQ rights case on workplace discrimination to be decided in the coming weeks.
Chevron Corp. and other fossil fuel companies may have to face suits by California cities and counties seeking climate change-related infrastructure damages in state court after the Ninth Circuit said Tuesday that the cases don't raise issues of federal law.
The Fifth Circuit affirmed Phillips 66's win in a proposed class action alleging the oil and gas company allowed employees to invest their retirement savings too heavily in Phillips' former parent company despite knowing the stock was a risky investment.
The New Jersey Supreme Court on Tuesday ousted a state judge for asking a sexual assault accuser whether she closed her legs and later joking about the case with his staff, siding with a special panel's determination that he should be removed from the bench.
They've represented consumers, companies, and government entities, taken on Goliaths in industries ranging from aerospace to health care to finance to technology to sports, and won landmark victories on behalf of clients across the country.
Republicans have touted President Donald Trump's many appointments to the federal bench, but the coronavirus has halted the confirmation process, derailed the party's drive to fill every judicial vacancy and dimmed the prospect of help for district courts struggling with overwhelming caseloads.
With 150 judicial appointments under his belt, President Donald Trump is reshaping the federal judiciary for decades to come. Here is Law360's comprehensive guide to the nominations.
The 43 judges President Donald Trump has put on the nation’s circuit courts are young, conservative and ready to make their mark. Here, Law360 examines how this freshman class of lifetime appointees is already changing American law.
Specialty Equipment Market Association v. National Highway Traffic Safety Administration may have sped up the agency's delayed rulemaking on replica vehicles, but companies should stay involved by submitting comments before regulations are finalized, say Anne Marie Ellis and Taylor Brown at Buchalter.
The U.S. Supreme Court’s upcoming opinion in Liu v. U.S. Securities and Exchange Commission may call into question when Foreign Corrupt Practices Act settlements should be subject to disgorgement, say Matthew Rutter and Neal Hochberg at Charles River Associates.
A New York City law signed into law Tuesday cancels personal guarantees executed in conjunction with commercial leases when tenants default on rent due to COVID-19, setting up a potential clash between the city's police powers and the U.S. Constitution's contracts clause, says Massimo D'Angelo at Adam Leitman.
Attorneys at Proskauer break down the kinds of COVID-19 whistleblower retaliation claims employers should anticipate, and explain key steps to minimize risks under the Occupational Safety and Health Act, National Labor Relations Act, Families First Coronavirus Response Act, and state laws.
Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.
A dispute between staffing firm Aerotek and four former employees over enforceability of electronic arbitration agreements, currently being petitioned for review by the Texas Supreme Court, could signal a big problem not only for employers but all companies that transact business outside of their own locale, says Abby Brown at Moye White.
Following a New York federal court’s recent decision in Flatiron Health v. Carson, employers should limit restrictive covenants to client relationships developed at the company's expense, and reject the expectation that overreaching agreements may be partially enforced, says Ihsan Dogramaci at Pavia & Harcourt.
Because strong copyright protection does not hinder interoperability, Google’s argument in its U.S. Supreme Court case against Oracle that all application programming interfaces are subject to fair use should not prevail, says James Skyles at Skyles Law Group.
The D.C. Circuit should uphold the district court's authority to investigate whether Michael Flynn acted in criminal contempt, which is important for affirming judicial independence in this era of partisan prosecuting, says Harold Krent at Chicago-Kent College of Law.
Ensuring uninterrupted client service and compliance with ethical obligations in a time when attorneys are more likely to fall ill means taking six basic — yet often ignored — steps to build some redundancy and internal communication into legal practice, say attorneys at Axinn.
Exponentially increasing appeals of inter partes reviews from the U.S. Patent and Trademark Office, alongside declining appeals from district courts, is significantly shaping patent law from the level of deference applied by the Federal Circuit to burdens of proof and claim construction standards, say Debbie McComas and Eugene Goryunov at Haynes and Boone.
When a court responds to a personal jurisdiction defense with a jurisdictional discovery order, defense lawyers should review what information is already public, draft clear and precise affidavits, and prepare a depository of documents that are only relevant to jurisdictional issues, say attorneys at McGuireWoods.
The Third Circuit's recent trade secrets decision in Advanced Fluid Systems v. Huber is particularly important for companies in relationships whereby vendors create, use or apply confidential information and trade secrets to develop solutions or manufacture products for other entities pursuant to a contract, say attorneys at Proskauer.
The U.S. Supreme Court's ruling in Atlantic Richfield v. Christian featured an expansive interpretation of property owners' liability for hazardous substances that come to be located on their land, and will have far-reaching implications for those whose property has been contaminated by offsite sources, say attorneys at Haynes and Boone.
Many remote meeting technologies include recording features as default settings, raising three primary concerns from a legal discovery and data retention perspective, and possibly bringing unintended consequences for companies in future litigation, says Courtney Murphy at Clark Hill.