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.”
The Georgia Supreme Court on Monday reinstated a defense verdict in a suit accusing a doctor of prescribing too much medication to a patient who later fainted, fell out of a deer hunting stand and became paralyzed, saying there was evidence to warrant jury instructions on risk assumption.
Facebook is asking the Texas Supreme Court to dismiss three lawsuits that accuse the company of providing an unrestricted platform for predators to exploit, extort and recruit children into the sex trade, arguing it can't be held liable for what third parties post on its website.
The U.S. Supreme Court on Monday declined to take up two appeals stemming from dismissed multidistrict litigation brought by military families over drinking water contamination at the Camp Lejeune military base in North Carolina.
A California appeals court on Friday revived a bid for class certification from a group of convenience store owners suing Anheuser-Busch LLC over an alleged beer-pricing scheme, ruling that the trial court's basis for denying certification cannot be upheld due to a recent decision by the state's Supreme Court.
A Second Circuit panel appeared skeptical Monday about whether the Trump administration was within its rights to implement a nearly 61% rollback of penalties for violations of motor vehicle average fuel economy standards.
Comcast told the Ninth Circuit on Monday that a subscriber's proposed class action accusing it of violating privacy laws by collecting personal information for advertising purposes belongs in arbitration, arguing that the California Supreme Court's McGill decision barring class waivers doesn't apply.
A market research firm and its former parent asked the Third Circuit for en banc rehearing of a divided panel decision that said unwanted faxes seeking individuals' participation in market surveys violate the Telephone Consumer Protection Act.
As attorneys, firms, law schools and students adjust to their new normal, the judiciary is also trying to figure out what that will look like once the courts ramp back up.
Chrimar Systems Inc. is pressing the U.S. Supreme Court to take up its appeal over whether Patent Trial and Appeal Board invalidations can override district courts' infringement judgments, telling the high court that "patent-specific carve-outs are a reason for granting cert."
The Ninth Circuit told Volkswagen Group of America Inc. and other automakers Monday that they must face claims by two counties over the post-sale modification of "defeat devices" intended to fool emissions testing, saying the Clean Air Act only preempts the counties' claims over new vehicles.
Investment company United Development Funding LP can't escape a Texas developer's $10 million business interference lawsuit under a state free speech protection law because communications about the developer's contracts don't address a public concern, a Texas appellate panel ruled.
The state of Texas lost a bid to undo a $28.8 million jury award in a lawsuit brought against it by a developer who said the Grand Parkway toll road project and the related condemnation of 40 acres tanked the value of the site for a proposed residential development.
The U.S. Supreme Court won't take up AT&T and Comcast's efforts to force two separate consumer disputes into arbitration, according to orders released Monday.
A company and the black workers it allegedly discriminated against by making them work on a hot oil rig while their white colleagues enjoyed air conditioning asked the U.S. Supreme Court to hold off considering whether to review the case due to a pending settlement.
The U.S. Supreme Court on Monday declined to hear an appeal of a Second Circuit ruling that the trustee for Bernie Madoff's fraudulent investment firm can claw back billions in Ponzi scheme proceeds transferred from foreign Madoff feeder funds to other foreign parties.
The Supreme Court declined Monday to take up a First Amendment challenge to the State Bar of Wisconsin's mandatory dues scheme, prompting a dissent by Justice Clarence Thomas likening the payments to union fees the high court outlawed in a 2018 ruling.
The U.S. Supreme Court on Monday unanimously ruled that members of Puerto Rico's Financial Oversight and Management Board do not require U.S. Senate approval because the board's handling of the island's $125 billion bankruptcy is limited to Puerto Rico's fiscal issues and it only exercises local, territorial authority.
The U.S. Supreme Court affirmed U.S. Bank's Eighth Circuit win in a proposed ERISA class action on Monday, ruling that the bank's retirees didn't have standing to sue over alleged pension plan mismanagement because they were still receiving their pension checks.
Foreigners with criminal convictions who fear they will be tortured if they are deported can challenge denials of their requests to stay in the U.S. in federal courts, the U.S. Supreme Court held Monday.
Chief Justice John Roberts Jr. joined his liberal colleagues on the U.S. Supreme Court early Saturday morning to deny a request from a California church to lift restrictions on religious gatherings in the state during the pandemic.
The U.S. Patent and Trademark Office is urging the Federal Circuit not to invoke its Arthrex ruling during appeals of rejected patent applications, saying that ruling's remedy of vacating and remanding cases is not needed under these circumstances.
A group of retired federal judges urged the D.C. Circuit on Friday to reject a petition by Michael Flynn asking the appeals court to order a judge to immediately grant the Trump administration's controversial request to dismiss the criminal case against the president's former national security adviser.
An appeals court panel has handed hundreds of local phone companies a key victory by sending a six-year dispute with Verizon and Sprint back to a Texas trial court without awarding millions in damages the major telecoms sought for exchange access fees they allege to have been charged over the years.
A Tennessee appeals court on Thursday approved the reduction of a $4.5 million medical malpractice award to $1.25 million in a closely watched case that had included a constitutional challenge to the state's statutory damages cap.
The Federal Circuit on Friday refused to revive a contractor's challenge to a one-year extension to an unprofitable terminal services agreement, saying a government email was sufficient to trigger a contract extension provision.
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.
Federal courts' reliance on the Federal Circuit Lone Star v. United Microelectronics decision, which closely scrutinized contractual restrictions in patent assignments, makes it crucial for patent owners to take particular care when limiting an assignee's ability to enforce the patent or transfer the rights, say John Haynes and Lindsay Church at Alston & Bird.
The current decrease in formality and increase in common ground due to the work-from-home environment can make it easier to have a networking conversation, says Megan Burke Roudebush at Keepwith.
The Texas Supreme Court's recent opinion in Yowell v. Granite Operating Co. is the latest indication that the rule against perpetuities presents a unique challenge for overriding royalty interest owners who wish to utilize anti-washout provisions to carry an interest forward to new oil and gas leases, says Michael Reer at Harris Finley.
One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.
The Fourth Circuit's questions at oral arguments in the Steves and Sons v. Jeld-Wen antitrust case indicate that the district court's unprecedented order requiring Jeld-Wen to divest part of its business as an equitable remedy seems like the most likely basis for reversal, say Lauren Weinstein and Lauren Dayton at MoloLamken.
The Ohio Supreme Court's recent decision in Delphi Automotive v. Ohio Department of Job and Family Services sets an acquirer-friendly precedent for unemployment tax rates in mergers, acquisitions and reorganizations, which could be especially important in the wake of pandemic-related layoffs, say Jeremy Hayden and Christopher Tassone of Frost Brown.
A recent Illinois Supreme Court order limiting debt collectors' ability to freeze personal bank accounts during the pandemic is progress, but it does not solve the underlying issue that debt courts are rigged against low-income people, says Ashlee Highland at CARPLS Legal Aid.
Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.
Expansion of the Anti-Terrorism Act to include secondary aiding and abetting claims, in conjunction with a stream of pro-plaintiff legislation, is increasing both liability and loss-of-reputation risk for private companies and banks operating in troubled foreign regions, say attorneys at Skadden.
Recent Federal Circuit cases appear to suggest that if your patent claim to a combination of otherwise known elements does not include a specific technical improvement, then the claim is not patent-eligible — meaning a bedrock patent principle has been overruled implicitly, says Howard Skaist at Berkeley Law & Technology Group.
While the law on secondhand exposure to workplace hazards like COVID-19 varies from state to state, employers can make educated guesses about the scope of liability and the steps needed to protect workers and limit claims from third parties, say attorneys at McGuireWoods.
While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.
The California Supreme Court’s holding that unfair competition and false advertising claims don’t need to be tried by a jury in Nationwide Biweekly v. Superior Court creates a framework for analyzing causes of action under other state laws that could steer courts to similar conclusions, says Patrick Hammon at McManis Faulkner.
While a recent trend of federal courts holding that U.S. Patent and Trademark Office decisions instituting inter partes reviews are not appealable requires close following, there are two remedies practitioners can seek apart from appeal, say Brett Cooper and Kevin Schubert at McKool Smith.
The U.S. Supreme Court's recent Romag v. Fossil decision didn't articulate a specific test to determine whether a trademark profits award is appropriate, which will likely have ripple effects on the varying circuit court standards, and litigators will need to keep several considerations in mind, say attorneys at Gibson Dunn.