With the end of the term just weeks away, the U.S. Supreme Court must now tackle the tough cases it has saved for last, which tend to produce bitter divisions on the court and major changes in the law. Here is a look at seven of the biggest cases awaiting decisions.
President Donald Trump on Tuesday urged the Second Circuit to block congressional subpoenas that seek a vast array of financial records from Deutsche Bank and Capital One, saying the records are being sought for illegitimate, political purposes.
The Federal Circuit on Tuesday gave Samsung a new chance to persuade the Patent Trial and Appeal Board to invalidate a UUSI LLC touchscreen patent it is accused of infringing, saying the board's decision that Samsung didn't prove invalidity was not supported by evidence.
The Pennsylvania Supreme Court ruled Tuesday that evidence regarding the risks of a surgery can be admissible in medical malpractice cases, reasoning that although there is a potential for such evidence to mislead a jury, excluding it would be even more unfair.
An en banc Ninth Circuit panel on Tuesday weighed whether the Nevada labor commissioner's appeal was moot in a case testing whether ERISA preempts a state law capping damages against general contractors, with one judge calling the commissioner's flip-flop on the mootness question "opportunistic."
The Delaware Supreme Court ruled Tuesday that a Blue Bell Creameries USA investor has shown that it's plausible to suggest the company’s officers may have failed to enact measures to protect ice cream products in connection with a deadly listeria outbreak in 2015.
What the family of a woman who underwent a fatally botched brain aneurysm repair thought was a "can't lose" medical malpractice case was unfairly hobbled when the doctor accused of negligence suddenly dropped his defense blaming a defective medical device, a Superior Court of Pennsylvania panel heard Tuesday.
The Pennsylvania Supreme Court said Tuesday that emails a hospital's attorney sent to a public relations consultant are not protected by attorney-client privilege in a doctor's defamation suit, but the justices created a new rule regarding the so-called work product doctrine that they said could apply in this situation.
The former landlord for the defunct law firm Titus & McConomy told the Pennsylvania Superior Court Tuesday that two ex-partners violated the Uniform Fraudulent Transfer Act by pledging $110,000 of their assets to their new firm to cover their legal fees, instead of letting creditors seek a piece of that money in bankruptcy court.
The First Circuit has affirmed that Zurich American Insurance must fund Electricity Maine's defense of a proposed class action alleging it overbilled customers by about $35 million, saying a lower court correctly concluded the insurer has a duty to defend because the suit contains potentially covered negligence claims.
The D.C. Circuit affirmed Tuesday the U.S. Securities and Exchange Commission's authority to implement a rule meant to address "pay-to-play" practices by which government officials managing public funds might hire investment advisers based on their political contributions.
The Fourteenth Court of Appeals chastised a Houston trial court judge on Tuesday for an eight-month delay in entering judgment on a jury's verdict in a breach of contract case, saying the delay is “unreasonable and constitutes an abuse of discretion.”
The recent revival of an Employee Retirement Income Security Act suit against the University of Pennsylvania doesn’t mean that the Eighth Circuit should breathe new life into a similar suit against Washington University, the St. Louis-based school said Monday.
Dallas Mavericks owner Mark Cuban and two hedge fund managers have told the Fifth Circuit that the U.S. Securities and Exchange Commission is depriving investors of their constitutional right to a jury by filing lawsuits before the agency's own administrative law judges.
Prosecutors urged the Second Circuit not to disturb the corruption convictions of former New York lawmaker Dean Skelos and his son Adam at a retrial last year, saying that unlike after their first trial, the U.S. Supreme Court's McDonnell ruling can't help them.
Counsel for a nursing facility in a medical malpractice action urged a New Jersey state appellate panel Tuesday to enable limited discovery on whether a former patient had the mental capacity to enter into an arbitration agreement with the business, citing Third Circuit precedent on the formation of such a contract.
An Illinois state appellate panel affirmed the certification of three nationwide classes in a lawsuit accusing a mechanical and automotive part cleaner of charging its contracting auto shops "sham" fuel surcharges for its services since 2005.
The Ninth Circuit has granted the Central Arizona Water Conservation District's request to drop its appeal of a ruling requiring the district to deliver 10,000 acre-feet of additional water to the Ak-Chin Indian Community each year there is enough to spare.
Ropes & Gray entered a brief Monday to support Winston & Strawn’s push for U.S. Supreme Court review of a decision that kept a gender discrimination suit out of arbitration, arguing that law firms rely on confidential arbitration to keep sensitive client information from going public.
The Ninth Circuit has created a blueprint for states to stymie small-scale renewable energy development by refusing to order Montana regulators to make a utility buy power from solar projects at a price set before a now-scrapped regulatory change, the projects' developer said.
An NCAA referee is asking the Sixth Circuit to take up his case against a Kentucky radio station and two of its hosts, saying the hosts' alleged deliberate incitement of fans to attack his roofing business and send him death threats should not be protected by the First Amendment.
A Federal Circuit decision last week gives patent owners a new way to argue that inter partes review petitions should be rejected as time-barred, by holding that the bar was triggered by a merger involving a petitioner that was completed after the petition was filed.
Saying that a partial judgment appeal right is not an invitation to swamp the state Supreme Court's docket, a Delaware vice chancellor on Monday rejected a motion by The Hertz Corp. for a mid-case appellate review of recent legal fee advancement awards for four executives.
A Ninth Circuit judge on Monday questioned the purpose of the latest in a string of appeals filed by the co-founder of a Big Sky, Montana, ski resort in a decadelong bankruptcy proceeding, repeatedly asking both sides, "What's left there to be fighting over?"
Schlichter Bogard & Denton LLP attorneys have asked a Missouri federal judge to award them $20.8 million in fees and expenses stemming from a $55 million settlement resolving a long-running class action against ABB Inc., which accused the technology company of allowing Fidelity to charge its workers excessive 401(k) plan fees.
The Federal Circuit has heightened the standard for patenting new drugs by requiring companies to prove that new inventions are effective to satisfy written description requirements, Horizon Pharma and Nuvo Pharmaceuticals said in a bid to get two patents for the pain reliever Vimovo revived.
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.
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.
In a series of exclusive interviews with Law360, current and former Supreme Court justices discussed topics as varied as the president’s wartime powers, their own decision-making process, the confirmation of the court’s newest member, and the void left by the death of Justice Antonin Scalia.
A charterer that nominates a “safe berth” to load and discharge cargo may or may not be obligated to guarantee the berth’s safety for the vessel, depending on where the issue is being litigated. The U.S. Supreme Court has an opportunity to resolve the question in its upcoming ruling in Frescatti Shipping, says Andrew Stakelum of King & Spalding.
The problem underlying the Ninth Circuit’s recent Altera v. Commissioner decision is one that has long bedeviled courts considering how multinational companies should share tax costs: how to determine what unrelated parties would have done at arm’s length when comparables cannot be found, says Reuven Avi-Yonah at University of Michigan.
Following the New York Court of Appeals' decision in 159 MP v. Redbridge allowing landlords to seek waiver of the Yellowstone injunction — a crucial lease-preservation tool for commercial tenants — negotiations over such waivers in leases will be sharply contested, say attorneys at Fried Frank.
When evaluating potential new hires, law firms should utilize structured interviews in order to create a consistent rating system that accurately and effectively assesses candidates' skills and competencies, says Jennifer Henderson of Major Lindsey.
A Wisconsin federal court’s recent decision against Bud Light manufacturer Anheuser for its corn syrup-focused ad campaign targeting MillerCoors serves as an important reminder that even truthful statements may cross the line into misleading territory — and adds to the developing body of law surrounding comparative advertising claims about food ingredients, say attorneys at Finnegan.
Though multiple worker classification questions still swirl around the California Supreme Court's Dynamex decision, many have wondered what it means for white collar independent contractors. The law is still murky on this point, but there are several steps that might help hiring companies rebut a misclassification claim, say Raymond Bertrand and James de Haan at Paul Hastings.
A primary benefit of the virtual law team in mass tort litigation is creative collaboration. A "company case" approach is essential to breaking down the silos between team members, say attorneys at FaegreBD and Reed Smith.
Three years after the U.S. Supreme Court's landmark consumer privacy decision in Spokeo v. Robins, Mary-Christine Sungaila and Marco Pulido at Haynes and Boone examine how courts have applied the opinion, the role of congressional findings in Article III standing cases, and a developing litigation trend.
The recent Maine Supreme Court decision Ross v. Acadian Seaplants serves as an example of looking to property law and land stewardship to counteract the "tragedy of the commons" that can arise when environmental resources — in this case, a type of seaweed — are publicly owned but not adequately regulated, says Gordon Smith of Verrill Dana.
This week, the U.S. Supreme Court held in Return Mail v. U.S. Postal Service that the federal government is not capable of petitioning for post-issuance review of a patent under the America Invents Act, but the practical reach of the ruling may be limited, say Scott Felder and Alexander Owczarczak of Wiley Rein.
When I was growing up, my mother was always the more mild-mannered parent. But during a trans-Atlantic phone call in 1991, when I told her I wanted to go to culinary school instead of law school, she started yelling — at a volume I had never heard from her, says Jason Brookner of Gray Reed.
Last week, in Taggart v. Lorenzen, the U.S. Supreme Court adopted a new, objective standard for when creditors attempting to collect a debt in violation of a discharge injunction may be sanctioned. However, the new standard likely will not have a large impact until a consensus emerges as to its application, says Tamar Dolcourt of Foley & Lardner.
There are a few practical, proactive steps law firms can take to create a mentoring program that pays dividends — instead of creating a mediocre program that both parties see as an obligation, says Kate Sheikh of Major Lindsey & Africa.
The Bankruptcy Code allows a discharge of student debt for "undue hardship," but fails to define the term or give further guidance. In that silence, bankruptcy courts are now speaking, with a majority of circuit courts adopting a three-factor test, cited in practically every reported decision on the topic, says Steven Werth of SulmeyerKupetz.
The U.S. Supreme Court's Title VII charge-filing decision in Fort Bend County v. Davis places the burden on employers to keep a watchful eye on complaints and promptly raise defenses that may rid them of an employment discrimination claim on procedural grounds, says Arlene Switzer Steinfield of Dykema.