Appellate

  • September 21, 2020

    Justice Ginsburg: Who She Was, How She Shaped The Law

    Justice Ruth Bader Ginsburg died on Friday at age 87. Here, Law360 looks at the feminist icon's legacy and the battle brewing over her seat.

  • September 21, 2020

    Ginsburg Remembered As Steadfast Pro-Copyright Voice

    Justice Ruth Bader Ginsburg's steadfast support for copyright owners was one of the hallmarks of her U.S. Supreme Court tenure, and her decisions strengthening copyright protection will have a lasting impact on the law, experts say.

  • September 21, 2020

    2nd Circ. Axes Black Men's Hiring Bias Suit Over Convictions

    A split Second Circuit panel on Monday rejected discriminatory hiring allegations brought by a pair of African American men denied jobs because of past felony convictions, finding that the men can't rely on national statistics showing that Black individuals are more likely to be arrested and incarcerated than white applicants.

  • September 21, 2020

    Law360's The Term: The Life And Legacy Of Justice Ginsburg

    Justice Ruth Bader Ginsburg is among the few on the U.S. Supreme Court to have etched her name into legal history long before donning a robe. In a special episode this week, Law360's The Term dives into her legacy as a pioneering women's rights advocate with two guests who worked by her side. 

  • September 21, 2020

    Judge Must Explain Facebook Friendship In Patient Death Suit

    A Kentucky appeals court has stopped short of affirming a jury verdict clearing a doctor and hospital in a suit accusing them of causing a patient's death, saying further proceedings are necessary to determine whether the judge's Facebook friendship with the doctor warranted a recusal.

  • September 21, 2020

    Convicted Cop Briber Tells 2nd Circ. NYPD Favors Not Illegal

    New York federal appellate judges Monday weighed whether to lift the conviction of an influential Brooklyn donor at the center of an NYPD bribery scandal as his attorney minimized the favors sought as something that's "done every day."

  • September 21, 2020

    Budding Textualist Star Barbara Lagoa Eyed For High Court

    Known as a budding superstar in Florida conservative legal circles, committed textualist Judge Barbara Lagoa could continue her lightning-quick ascent through the appellate ranks if President Donald Trump taps her for the now-vacant U.S. Supreme Court seat, where she would become the first Cuban-American, and first Floridian, to sit on the high court.

  • September 21, 2020

    Songwriter Accuses DC Circ. Of Ignoring Artists' Realities

    The D.C. Circuit "missed the practical reality" of its decision to overturn a ruling that would have made Spotify and other streaming services pay artists significantly higher royalties, an independent songwriter said Monday.

  • September 21, 2020

    DC Circ. Looks Split Over NLRB Subcontracting Decision

    A D.C. Circuit judge told a Massachusetts business Monday that he doubts the company can upend a decision that it unlawfully subcontracted out work without telling its union, so long as the National Labor Relations Board met a key legal test backing that conclusion.

  • September 21, 2020

    NJ Court Skeptical Of Bid To Reopen Zoning Ordinance Fight

    A New Jersey state appeals court on Monday questioned a homeowners association's bid to join a since-dismissed suit as a means of attacking a municipal zoning ordinance, saying the group could raise similar arguments in its own pending suit over the regulations.

  • September 21, 2020

    McConnell Defends Election-Year Plan To Replace Ginsburg

    The Senate majority leader on Monday defended his plan to replace Justice Ruth Bader Ginsburg this year, while the House speaker said the late jurist will become the first woman to lie in state at the Capitol.

  • September 21, 2020

    Wash. Tribes Urge Justices To Rebuff Fishing Grounds Row

    Several tribes have urged the U.S. Supreme Court to turn down the Muckleshoot Indian Tribe's bid to establish its right to larger fishing grounds off the coast of Washington state, saying the Muckleshoot fishing area is already set and there's no circuit split over how to interpret a decades-old court decree.

  • September 21, 2020

    DC Circ. Asked To Examine Approval Of $45B LNG Project

    Two conservation groups infuriated by the Federal Energy Regulatory Commission's recent approval of the Alaska liquefied natural gas project, which includes a 807-mile pipeline, asked the D.C. Circuit on Monday to examine the agency's decision and its refusal to grant a rehearing request.

  • September 21, 2020

    Ginsburg Leaves Legacy Of Due Process For Immigrants

    Justice Ruth Bader Ginsburg, who died on Friday after serving on the U.S. Supreme Court for nearly three decades, leaves behind a legacy of calling for due process rights for immigrants and accountability for law enforcement agencies.

  • September 21, 2020

    EPA To Pay $92K Atty Fees In Truck Emissions Rollback Suit

    The U.S. Environmental Protection Agency has agreed to pay nearly $92,000 to environmental groups for attorney fees over a challenge to the Trump administration's attempt to roll back heavy-duty truck emissions rules.

  • September 21, 2020

    3 Times Ginsburg Led The Way On Environmental Law

    U.S. Supreme Court Justice Ruth Bader Ginsburg will be best remembered for her fierce support of gender equality and civil rights, but she made her mark on environmental law as well, authoring opinions that established citizens' right to sue polluters under the Clean Water Act and the government's right to regulate cross-state air pollution.

  • September 21, 2020

    Reports Of Trump Misconduct Support Subpoena, NY DA Says

    Public reports accusing President Donald Trump and his businesses of wrongdoing could point to crimes that include criminal tax fraud, falsification of business records and insurance fraud, Manhattan's district attorney told a federal appeals court Monday.

  • September 21, 2020

    7th Circ. Won't Rethink Oneida Festival Permit Ruling

    The Seventh Circuit on Friday stood by its decision that the Oneida Nation doesn't need a permit from a Wisconsin village to hold its annual apple festival, rejecting the village's request to revisit the issue.

  • September 21, 2020

    Ill. Panel Rules Workers' Comp Law Doesn't Bar BIPA Claims

    An Illinois state appeals court has ruled that the state Workers' Compensation Act doesn't bar claims for statutory damages under Illinois' landmark biometric privacy law, dealing a blow to companies and employers that have sought to argue the act preempted those kinds of claims.

  • September 21, 2020

    Startup Can't Revive Malpractice Claims Over Corporate Theft

    Investors in an on-demand video startup failed to establish that a Southern law firm engaged in legal malpractice by failing to recognize that the company's managing member took over $800,000, the Eleventh Circuit has determined.

  • September 21, 2020

    United Pilot Urges 7th Circ. To Revive Military Leave Suit

    A United Airlines pilot urged the Seventh Circuit on Monday to revive his lawsuit seeking payment for the short-term leave he takes as a military reservist, arguing the airline should compensate his leave the same way it would compensate jury duty.  

  • September 21, 2020

    Feds Tell 1st Circ. Poor Defense Shouldn't Undo FCPA Verdict

    A defense attorney's allegedly shoddy performance in his first trial did not warrant throwing out the convictions of a retired Army colonel and lawyer based on "overwhelming" evidence they tried to bribe government officials in Haiti in exchange for approvals on an $84 million port project, U.S. prosecutors told the First Circuit Monday.

  • September 21, 2020

    Jack Daniel's Takes Dog Toy TM Fight To Supreme Court

    Jack Daniel's is pressing the U.S. Supreme Court to rule that a dog toy called "Bad Spaniels" infringed the company's trademarks, arguing that a lower court was "egregiously misguided" when it cited concern for the First Amendment.

  • September 21, 2020

    Michigan Supreme Court Won't Touch Overturned Vape Ban

    The Michigan Supreme Court has rejected the state's bid to appeal a ruling overturning its emergency ban on the sale of flavored vape products, saying the questions presented by the case don't warrant the court's examination.

  • September 21, 2020

    10th Circ. Revives Disability Bias Suit Against Colo. County

    The 10th Circuit revived a Colorado county employee's bias lawsuit, finding she had presented enough evidence to proceed with her claims that the county discriminated against her and failed to accommodate her disability.

Expert Analysis

  • Opinion

    RBG's Legacy Can Guide High Court In Oracle Copyright Case

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    While Justice Ruth Bader Ginsburg's scholarship and acumen will no doubt be missed by her colleagues, her intellectual property jurisprudence will guide them in the upcoming, straightforward copyright case Google v. Oracle, which shouldn't be influenced by political leanings, says Sandra Aistars at the Antonin Scalia Law School.

  • Class Arbitration May Meet Its Demise At High Court This Term

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    While the Second Circuit’s 2019 opinion in Jock v. Sterling Jewelers and the Ninth Circuit’s recent decision in Shivkov v. Artex exemplify how two interrelated inquiries have rescued class arbitration, the U.S. Supreme Court will likely address the issues this term and extinguish the practice, say attorneys at McGuireWoods.

  • White House Due Process Memo Could Reform Enforcement

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    A little-noticed memo recently issued by the Trump administration in response to the pandemic, directing federal agencies to provide greater due process to individuals and companies under regulatory investigation, represents a long-overdue sea change in the way justice is carried out in enforcement proceedings, say Joan Meyer and Norman Bloch at Thompson Hine.

  • Law Firm Hiring Considerations In A COVID-19 Economy

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    Financially robust law firms are entering the recruiting market aggressively knowing that dislocations like the COVID-19 crisis present rare competitive opportunities, and firms that remain on the sidelines when it comes to strategic hiring will be especially vulnerable to having their best talent poached, says Brian Burlant at Major Lindsey.

  • ERISA Claim Takeaways From 7th Circ. Union Pension Ruling

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    The Seventh Circuit’s recent decision in Bator v. District Council 4 — dismissing Employee Retirement Income Security Act claims against pension plan trustees and a union for allowing varying member contribution levels — shows key challenges in proving that trustees breached their fiduciary duties, say attorneys at Baker McKenzie.

  • Fed. Circ. Constraints On PTAB Expertise Are Problematic

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    The recent Patent Trial and Appeal Board ruling in Velasco Diez v. McAllister illustrates the problem with a Federal Circuit precedent holding that the board cannot apply its technical expertise as a substitute for expert witnesses, and it offers an invitation to gamesmanship, say Charles Gholz and Daniel Pereira at Oblon McClelland.

  • Djokovic's 'Accident' Through The Insurance Case Law Lens

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    The conflict between how tennis pro Novak Djokovic and U.S. Open organizers characterized his striking a line judge with a tennis ball has parallels with one of the most litigated questions in insurance coverage cases — whether an injury was caused by an accident, says Randy Maniloff at White and Williams.

  • Opinion

    Lawyers Must Act To Preserve Democracy This Election

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    COVID-19 concerns and glaring gaps in registration threaten to dampen voter turnout in the 2020 election, so attorneys should take on the problem by leveraging their knowledge and resources in seven ways, says Laura Brill at Kendall Brill.

  • How To Effectively Defend Witnesses In Remote Depositions

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    When a witness is isolated from the defending lawyer during a remote deposition, carefully planning the logistics and building witness confidence are critical to avoiding damaging admissions, say Jessica Staiger at Archer Daniels and Alec Solotorovsky at Eimer Stahl.

  • Discarded Phone Rulings Misapply 4th Amendment Case Law

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    Recent Nevada and Louisiana state court decisions, allowing police to conduct warrantless searches of cellphones deemed abandoned, are part of a growing trend of state and federal courts not following the U.S. Supreme Court's Fourth Amendment jurisprudence that should concern criminal defense attorneys, privacy rights advocates and employers, says Brandon Boxler at Spencer.

  • Food Label Ruling Shows How To Make Preemption Stick

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    A California federal court’s recent ruling in Allen v. Conagra Foods, that food mislabeling claims were preempted under U.S. Food and Drug Administration regulation, illustrates how defendants can defeat attempted circumvention of federal preemption, say Jane Metcalf and Brandon Trice at Patterson Belknap.

  • Opinion

    Fla. High Court Should Hold Insurer Liable In Damages Row

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    In Citizens Property v. Manor House, the Florida Supreme Court should hold that Citizens can be held responsible for damages resulting from its delay in resolving a hurricane-related insurance claim, in order to uphold settled law and protect policyholders, says Mark Nation at Morgan & Morgan.

  • Whether And How To Compel Remote Arbitration

    Excerpt from Practical Guidance
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    As the pandemic delays in-person arbitration hearings, mediator and arbitrator Theodore Cheng provides arbitrators with a checklist to examine the rationale and authority for compelling parties to participate in remote hearings.

  • Tuning In To Covered Business Method Review's Series Finale

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    As the U.S. Patent and Trademark Office's covered business method review process comes to the end of its eight-season run on Wednesday, Eric Krause and Pan Lee at Axinn assess the contributions these proceedings have made to intellectual property law, from the perspectives of petitioners, patent owners and real parties in interest.

  • What NY Tax Ruling Means For Solar Power Developers

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    While a New York state appeals court recently ruled in Cornell University v. Board of Assessment Review that a solar photovoltaic system is taxable real property, solar developers may be able to mitigate this tax burden with careful planning, says Kaitlin Vigars at Phillips Lytle.

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