Instead of the immediate conservative revolution some feared, the new Supreme Court majority is abiding by an old adage: Slow and steady wins the race.
Sudan could face an additional $4.3 billion in punitive damages for the 1998 embassy bombings in Kenya and Tanzania after the U.S. Supreme Court on Monday pushed back heavily against the country’s argument that punitive damages should not be available for terror attacks before 2008.
North Star Innovations Inc. waived its right to get a rehearing under Arthrex by not asking the Patent Trial and Appeal Board for one after the Federal Circuit’s explosive decision, the U.S. Patent and Trademark Office has told the appeals court.
The full Fifth Circuit on Monday unraveled its "extraordinarily confused" court precedent on federal removal requirements, ruling a former U.S. Navy machinist's asbestos exposure suit against shipbuilder Huntington Ingalls Inc. belongs in federal court because it relates to a government contract.
The U.S. Supreme Court on Monday declined to review the criminal convictions of two scientists who fraudulently obtained $10.5 million in public grants, skipped an Americans with Disabilities Act case involving plasma donations and said it will meet again soon to discuss a legal challenge to the entire Affordable Care Act.
A split en banc Ninth Circuit on Monday rejected attempts to block the Trump administration's so-called gag rule barring federally funded health care providers from giving abortion referrals, saying the U.S. Department of Health and Human Services rule is valid.
The Seventh Circuit on Monday revived a $75 million suit accusing Comcast of refusing to work with advertisers who don't use the cable giant's internal advertising system, saying there was sufficient evidence to put the claims before a jury.
The Ninth Circuit on Monday rejected a bid from a group of generic pharmaceutical companies to block a new California law prohibiting most pay-for-delay settlements between generic and branded drugmakers.
The Sixth Circuit said Monday that KYB Corp. can't force into arbitration a suit accusing it of conspiring with other auto parts manufacturers to fix prices on shock absorbers, saying there was no valid arbitration agreement in the direct purchaser plaintiffs’ limited warranty.
The Cayuga Nation on Saturday took control of property that had been held by a political faction in the New York tribe’s leadership dispute, knocking down several buildings for “public safety” reasons, according to a tribal statement.
A physician's assistant charged with pretending to be a doctor and handing out unnecessary opioid prescriptions will have to face some of the previously dismissed charges against him, while his supervising physician is off the hook, a New Jersey state appeals court ruled Monday.
Francis McGovern, one of the three special masters in the opioid multidistrict litigation, who played a key role in crafting a novel "negotiation class" with the aim of seeking a nationwide deal, recently died at the age of 75.
The U.S. Supreme Court refused Monday to review a Fourth Circuit ruling erasing a $7.1 million bench verdict for a mother whose newborn's breathing problem was allegedly not properly addressed by a treating doctor, resulting in brain damage to the infant.
The U.S. Supreme Court on Monday declined to hear an appeal challenging the Federal Trade Commission’s win against a top official with Advantis Law PC and Brookstone Law PC, who was ordered to pay nearly $1.8 million for helping to orchestrate a scam that stole millions from distressed homeowners.
A suit alleging that a medical supplement manufactured by Genzyme Corp. injured a woman suffering from arthritis is heading to Massachusetts’ highest court, with Genzyme arguing that a state court judge was wrong to not dismiss the “bare bones” complaint.
A top official at the Federal Communications Commission said Monday the government is giving "serious consideration" to asking the U.S. Supreme Court to step in and resolve the agency's long-running battle with a Third Circuit panel over relaxing local media ownership rules.
An Illinois court wrongly ruled a railroad land purchaser must reimburse the seller for its share of a $10.5 million Superfund settlement, the buyer told the Seventh Circuit, arguing a power plant's demand for payment came within the purchasing agreement's indemnity period.
Dish Network has told a North Carolina federal judge that the $61 million judgment the company was hit with after being found responsible for illegal telemarketing calls made on its behalf by a marketing company cannot be disbursed because Dish has appealed the disbursement to the Fourth Circuit.
The daughter of a Wisconsin man who died after having a heart attack while aboard a Royal Caribbean cruise has told the Eleventh Circuit that a Florida federal jury's $3.4 million wrongful death verdict should stand, saying the company can't call on Wisconsin law to escape damages.
A Chinese national who converted to Christianity and plans to join an unregistered church in her home country had her asylum bid thwarted when the Second Circuit backed a decision finding she failed to prove a fear of persecution.
The U.S. Supreme Court said Monday it won't revive foreign exchange market maker Effex Capital LLC's defamation suit against the National Futures Association, leaving a Seventh Circuit ruling dismissing the case intact.
A man who suffered internal bleeding after a stent was placed in his heart failed to mount enough expert evidence to show that an alleged delay in his treatment at a Chicago hospital caused his intestinal injuries, an Illinois appeals court has found.
The U.S. Supreme Court on Monday declined to review a decision by the Iowa Supreme Court concluding that the state condemning private land for the Dakota Access crude oil pipeline didn't violate the Fifth Amendment's takings clause.
The U.S. Supreme Court on Monday declined to wade into a former Citigroup adviser's retaliation case, refused to review a wrongful termination suit from a fired football coach who criticized the school he worked for on Facebook, turned away a chance to clarify the "convincing mosaic" standard used in bias cases, and opted not to scrutinize whether LA County was immune from an overtime collective action.
The U.S. Supreme Court on Monday refused to hear a case accusing the West Virginia federal judge who oversaw the sprawling pelvic mesh litigation of using an "unprecedented" appeals waiver clause to prevent scrutiny of a "troubling" process that saw eight firms award themselves the bulk of a $550 million fee fund.
The U.S. Supreme Court turned away four intellectual property cases on Monday, including Apple’s appeal of a $439 million judgment in its dispute with VirnetX and Cisco's bid to overturn a $24 million verdict by invoking the court's Alice decision.
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.
Every last judicial vacancy will be filled by the end of President Donald Trump’s first term, Senate Majority Leader Mitch McConnell, R-Ky., pledged this week, projecting confidence in his party’s ability to completely transform the federal bench.
As courts increasingly accept technology-assisted document review, some are bordering on forcing parties to employ TAR, in which case attorneys may need to step in if their clients prefer other processes, say Donna Fisher and Matthew Hamilton at Pepper Hamilton.
The Third Circuit’s recent decision upholding Philadelphia’s law that bans employers from asking about salary history is likely to support similar legislation across the country, and is relevant to how courts may assess the evidence required for justification, say Reilly Moore and Robert Dumbacher at Hunton.
In Acetris Health v. U.S., the Federal Circuit's decision that a company sourcing active pharmaceutical ingredients from India could sell them to the U.S. government greatly expanded foreign-produced pharmaceutical products available for U.S. procurement, say attorneys at K&L Gates.
The Delaware Supreme Court's recent dismissal of a stockholder action alleging conflicts among Uber's board demonstrates how unlikely it is that independent directors would be held personally liable for fiduciary breaches, say attorneys at Fried Frank.
The Ninth Circuit's recent decision in Juliana v. United States blocked private litigants from using the courts to force climate change action by the federal government, but it may have laid a trail of breadcrumbs for future climate plaintiffs to establish injury in fact and causation, say attorneys at WilmerHale.
As courts increase scrutiny of class action settlement agreements, approval hinges on avoiding common mistakes, such as inadequate forms of notice, lack of Article III standing and irrelevant cy pres recipients, say attorneys at Troutman Sanders.
A recent Law360 guest article argued that artificial intelligence can precisely estimate the length and cost of a new case, but several limitations will likely delay truly accurate predictions for years to come, says Andrew Russell at Shaw Keller.
A U.S. Supreme Court ruling in favor of Google in its copyright infringement battle with Oracle would vindicate the search engine’s ruthless economic calculus, encourage IP abuse and dissuade future victims from bringing challenges, says James Skyles of Skyles Law Group.
A New York state court's recent decision in White v. Cuomo that daily fantasy sports are unconstitutional means that while the services may continue to legally operate, they face an uncertain future until the state’s highest court weighs in or the Legislature amends the constitution, say attorneys at Faegre Drinker.
Although the U.S. Equal Employment Opportunity Commission’s recent retraction of a policy that opposed mandatory arbitration agreements for worker discrimination claims aligns with U.S. Supreme Court precedent, it doesn’t address resistance to arbitration in new state laws or in the wake of #MeToo, says Mauro Ramirez at Fisher Phillips.
Last year brought significant news in U.S. trade secret law, including the U.S. Department of Justice’s continued enforcement of its China initiative and further development of the inevitable disclosure doctrine under the Defend Trade Secrets Act, say attorneys at Faegre Drinker.
A full understanding of the IRS' internal penalty approval rules can enable advisers to help taxpayers avoid penalties in many instances where the IRS has failed to meet its procedural obligations, say attorneys at McDermott.
Two cases before the U.S. Supreme Court this term have the potential to transform a doctrine that exempts religious organizations from employment discrimination claims by their ministers, and a case that may be accepted for review could change Title VII’s undue hardship standard for religious accommodations, says Sarah Schanz at McDermott.
The Montana Supreme Court's forthcoming decision in Murray v. BEJ Minerals will determine whether dinosaur fossils found on a ranch should be legally considered minerals, but could also affect oil and gas producers because of its potential relevance to sand, fracking wastewater and other substances, says A.J. Ferate of Spencer Fane.
The U.S. Department of Justice showed more initiative in directly bringing health care-related False Claims Act cases despite a decrease in qui tam filings last year, and as scrutiny of the industry continues to rise, several sectors deserve to be watched carefully this year, say attorneys at Epstein Becker.