The Senate confirmed D.C. Circuit Judge Brett Kavanaugh to the U.S. Supreme Court by a two-vote margin Saturday, following a bruising nomination battle for President Donald Trump’s controversial choice to replace retired Justice Anthony Kennedy.
The Heritage Foundation said Thursday that it was putting its training program for federal law clerks on hold, an announcement made in the wake of news articles disclosing that the conservative think tank told participants to keep the teachings of the donor-funded program a secret.
Counsel for a class of over 3,000 California state appellate judges in an appeal involving $36 million worth of back wage and pension payments have asked the state's Supreme Court justices to clarify their decision to recuse themselves from the suit, saying that all judges may have a financial stake in the case.
A California state appeals court has affirmed a defense verdict in a suit accusing the city of Los Angeles of creating a dangerous condition at an intersection where a 17-year-old pedestrian was struck and killed, saying certain trial evidence was properly excluded.
An Illinois man doesn't have to prove a Chinese vitamin manufacturer folded or went bankrupt before he can go after a U.S. distributor to enforce a $9 million default judgment, the Illinois Supreme Court held Thursday.
The Illinois Supreme Court on Thursday threw out a couple's complaint alleging a homeowners insurance agent is to blame for their policy not covering cyberbullying claims against their son, saying the action is time-barred because it was filed more than two years after the allegedly deficient policy was issued.
The victims of a fatal 2006 crash have urged the Eighth Circuit to uphold a ruling that cut the fee award allotted to one of their representatives, the Padden Law Firm PLLC, arguing that the lower court correctly reduced the award because Padden "did little or no substantive work."
The full Federal Circuit should review an appellate panel’s “improper” use of a “procedural scheme” that led to the reversal of a Patent Trial and Appeal Board’s invalidation of a chemical patent, as the burden of proof should have stayed with petitioner DuPont, the BASF-affiliated owner of the patent argued Wednesday.
The Florida Supreme Court on Thursday permanently disbarred a now-jailed criminal defense attorney who attempted to gain leniency on drunk driving charges by arranging to have a package containing heroin sent through the mail, in hopes of become a police informant.
The Illinois Supreme Court sided Thursday with electric utility Ameren Corp. in its fight to take land from 35 property owners for a new power line, reversing a lower court’s ruling that a state eminent domain statute was unconstitutional.
Japan's Toshiba Corp. has asked the U.S. Supreme Court to review the Ninth Circuit's revival of a proposed class action alleging misstatements made in the company’s home country caused the price of American depositary shares to fall, saying the supposed misconduct occurred entirely in the Asian country.
A Fifth Circuit panel on Thursday found a federal district court erred when it ruled a former CETCO Energy Services Company employee couldn’t get certain incentive payments outlined in his contract, remanding the case to determine how much in long-term incentive benefits he is owed.
A Pittsburgh-area pharmacy services provider that lost two executives to a rival was rightly denied a preliminary injunction against its competitor because the “irreparable harm” it sought to stop could be quantified and covered by damages, a Pennsylvania Superior Court panel ruled Thursday.
The Federal Circuit on Thursday threw out the Patent Trial and Appeal Board's decision that part of a LiquidPower Specialty Products Inc. patent related to the transport of crude oil was obvious, saying the board needs to consider evidence of the invention's success.
The Washington State Department of Licensing told the U.S. Supreme Court to reverse a state Supreme Court ruling in favor of a tribal fuel distributor, saying a fuel tax does not violate the Yakama Nation’s right to travel on public highways and the company read a tribal treaty right too broadly while mischaracterizing state law.
New York’s high court on Thursday sided with the state’s Department of Labor in a suit over apprentice wages on public-work projects, ruling that the agency properly reasoned that apprentices not performing the tasks of their trade must be paid higher wages.
An Arkansas ballot issue aiming to institute sweeping tort reforms in personal injury lawsuits, including caps on certain damages and attorneys’ fees, will not be presented to voters next month after the Arkansas Supreme Court ruled Thursday that the measure was unconstitutional.
The Pennsylvania Supreme Court has eased the burden on firefighters to move forward with workers’ compensation claims for cancer diagnoses they believe could be connected to their exposure to soot and other carcinogens.
A Fifth Circuit panel has asked the Louisiana Supreme Court to rule on whether a state law allowed Korean shipper Daewoo International Corp. to seize a contested iron shipment as it looked to compel America Metals Trading LLP into arbitration.
The D.C. Circuit has upheld a $2.6 million attorneys' fee reduction against a lawyer who successfully represented tribes in a class action leading to a $1.9 billion land buyback program, finding the court did not abuse its discretion by electing a different fee calculation rate than the one proposed by the lawyer.
Five New York state appellate judges hearing President Donald Trump’s bid to have a defamation lawsuit dismissed zoomed in on the U.S. Constitution’s supremacy clause at argument on Thursday, going so far as to ask if the president could be jailed if he ignored a state court’s order.
As the D.C. Circuit judge makes his bid for a seat on the U.S. Supreme Court, here’s our look at the politics and predictions surrounding the nomination along with what a Justice Brett Kavanaugh could mean for your practice.
The latest term ended with a bang with Justice Anthony Kennedy's retirement, but the cases themselves packed a punch this term. With the Supreme Court back at full strength, the docket was loaded with issues that divided the nine justices. Here, Law360 takes a look at the oddest voting lineups, the juiciest dissents and the best oral argument moments from a contentious session.
With more judicial vacancies at the start of his term than any president in the past three decades, President Donald Trump has an unusual opportunity to reshape the federal judiciary. Here is Law360's comprehensive guide to the nominations.
Secondary considerations can be a useful tool for patent owners attempting to overcome an obviousness challenge. However, the Federal Circuit's decision last month in Acorda v. Roxane leaves the treatment of secondary considerations in question when a so-called “blocking patent” may exist, say Daniel Winston and Bryana McGillycuddy of Choate Hall & Stewart LLP.
Last week, nonprofit NonBelief Relief filed a lawsuit in a D.C. federal court challenging the IRS' mandatory exception from filing annual information returns given to churches — but not to other nonprofits — on the grounds that it violates the First Amendment's establishment clause. Professor Samuel Brunson of Loyola University Chicago School of Law takes a first look at the case.
A Florida state appeals court's decision last month in Restoration 1 v. Ark Royal weakens assignment-of-benefit claims, holding that an insurer may require all insureds and mortgagees to provide written consent prior to executing an assignment-of-benefits agreement, says Margo Meta of Ball Janik LLP.
Soon the U.S. Supreme Court will hear Fourth Estate Public Benefit Corp. v. Wall-Street.com, a case that could significantly affect how artists and companies strategize to protect copyrights, says Irene Lee of Russ August & Kabat.
A U.S. Supreme Court ruling in Varela v. Lamps Plus that the Federal Arbitration Act displaces contractual interpretation rules likely would vacate the Eleventh Circuit's recent JPay decision, says James Bogan of Kilpatrick Townsend & Stockton LLP.
Despite the Clean Water Act's long history, recent decisions from the federal appellate courts — including two opinions from the Sixth Circuit last month — have raised new questions about several issues that once seemed settled, say Anthony Cavender and Amy Pierce of Pillsbury Winthrop Shaw Pittman LLP.
The U.S. Supreme Court recently agreed to review the D.C. Circuit's decision in Allina Health Services v. Azar, which has the potential to resolve the issue of whether or not the Medicare Act requires notice-and-comment rule-making in more situations than are required by the Administrative Procedure Act, says Robert Wanerman of Epstein Becker Green.
In Troester v. Starbucks, the California Supreme Court recently held that the federal de minimis doctrine does not apply to claims for unpaid wages under the California Labor Code. Attorneys with Payne & Fears LLP take a deeper dive into some lingering employer questions related to the ruling.
In an era when law firms are fighting for business and clients can dictate the terms of the relationship, "value" has become a moving target. Firms that take a proactive approach by using strategies designed to articulate value over time will gain the competitive advantage, says Dan Tacone at Intapp Inc.
Last week, the U.S. Supreme Court addressed foundational tort principles at oral argument in Air and Liquid Systems Corp. v. Devries, which concerns a defendant's liability under maritime law for products it did not make, sell or distribute. The court’s ruling will doubtless influence lower courts considering other bare-metal challenges, say S. Christopher Collier and Michael Arndt of Hawkins Parnell Thackston & Young LLP.