The U.S. Supreme Court seemed to be leaning toward requiring the state of Washington to protect several tribes’ treaty fishing rights during oral arguments Wednesday, and experts say the question of whether the court limits its decision to culverts blocking the tribes’ salmon or makes a broad rule for projects with environmental impacts on tribal rights could have major implications for Indian Country.
A Wisconsin appeals court ruled Thursday that online gun marketplace Armslist LLC must face a suit over a woman's death in a 2012 mass shooting, saying the company was improperly granted immunity under a federal law shielding website operators that publish third-party content.
The NCAA on Wednesday urged the Ninth Circuit to look at a recent decision denying a wage suit over a televangelist whose followers were allegedly coerced into volunteering for his church’s for-profit restaurant, citing it as further reason not to revive a proposed wage-and-hour class action by a former University of Southern California football player.
A former client of Deutsche Bank AG asked the Seventh Circuit on Thursday to revive his years-old lawsuit accusing the bank and other financial advisers of breaching their fiduciary duties by advising him to set up an illegal tax shelter, saying the lower court incorrectly found he was not actively litigating his case during a 16-month gap in docket activity.
The Federal Circuit on Thursday invalidated a patent covering technology related to interactive computer links, upholding a Patent Trial and Appeal Board decision the owner of the patent, Droplets Inc., argued was based on a "hypertechnical violation."
Wells Fargo appealed the loss of foreign tax credits in a lawsuit over a securities transaction worth more than $1.25 billion, telling the Eighth Circuit Wednesday that a Minnesota federal court had wrongly allowed a jury to decide its transaction was a sham.
A New Jersey appeals court on Thursday revived claims in a wrongful death suit over a fatal accident during a New Jersey Turnpike resurfacing project amid a dispute over the role of an engineer at the time and whether negligence claims can be asserted against two contractors.
The Federal Circuit on Thursday revived a patent lawsuit that John Bean Technologies Corp. brought against a rival maker of poultry chilling machines, reversing a lower court ruling that found the company misled its competitor by waiting more than a decade to sue.
Battle lines have been drawn in the months leading up to Wednesday's oral arguments before the U.S. Supreme Court in a challenge to the latest iteration of President Donald Trump's travel ban, attracting 72 interest groups from across the political spectrum. Here, we examine briefs that exemplify each side of the debate.
The Pennsylvania Superior Court on Thursday upheld the dismissal of a suit alleging a ski resort’s negligence caused a skier to break his leg after he fell over trenches created by a resort vehicle, finding the ruts it made in the terrain were simply an “inherent risk” of downhill skiing.
The Federal Circuit on Thursday reversed two Patent Trial and Appeal Board decisions that invalidated claims in a Wonderland patent for a crib, ruling that the board had erred in its interpretation of two of the shortest words in the English language: “a” and “an.”
A copper factory owner accused, along with other companies, of dumping hazardous chemicals into a landfill and nearby manufacturing site got part of a $10 million settlement with local residents vacated on Wednesday, with an Illinois appeals court finding that the lawyers for the residents and co-defendants had rushed certain parts of the settlement process.
Proskauer Rose LLP on Thursday told the Fifth Circuit that a Texas federal judge wrongly denied its bid to end a $1.5 billion suit brought by the receiver for the R. Allen Stanford Ponzi scheme, as the firm argues the attorney immunity doctrine should protect it from an upcoming trial.
A Texas appeals court on Thursday affirmed a jury’s verdict that awarded a driller $14.3 million in lost profits due to misappropriated trade secrets by a potential partner in a Montana oil and gas development project, though it threw out an award of $4.5 million in exemplary damages.
Amneal Pharmaceuticals urged the Federal Circuit on Wednesday to deny Merck & Co.'s request for reconsideration, or full rehearing, of a panel's decision affirming that a generic nasal spray Amneal sells doesn't infringe one of Merck's patents, contesting the theory that the ruling was based on analysis of the wrong drug sample.
An Arizona appeals court on Thursday awarded the bulk of a 33 percent contingency fee from a $500,000 medical malpractice settlement to the firm that originally took the case and spent two years developing it, saying the firm that brokered the deal was unjustly enriched by the original firm's work.
The federal government refused to concede the $3.25 million in noneconomic damages awarded to the family of a woman incapacitated by a stroke after she was treated at a federally run clinic for native Alaskans, urging the Ninth Circuit on Wednesday to apply the state’s $400,000 limit on such awards.
The Patent Trial and Appeal Board went against decades of U.S. Supreme Court precedent when it found that the St. Regis Mohawk Tribe isn’t immune to inter partes reviews, the tribe and Allergan Inc. told the Federal Circuit on Wednesday in a closely watched case over dry eye medication patents.
Marathon Petroleum Corp.’s retirement plan has opted to settle a proposed class action over its decision to invest $88 million in company stock rather than face the possibility of the Sixth Circuit reviving the suit, which accuses the oil and gas company of playing fast and loose with retirees’ savings.
The producer behind syndicated television shows including “Cheaters” and “Stag: A Test of Love” can keep a more than $2.5 million judgment against his former landlord that had thrown away master tapes for several shows, a Texas appellate court held Wednesday.
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.
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.
The additional analysis on downstream greenhouse gas emissions required by the D.C. Circuit's recent ruling in Sierra Club v. Federal Energy Regulatory Commission has the potential to further delay an already burdened FERC pipeline approval process, says James Costan of Dentons.
Press coverage of a recent high-profile Proposition 65 decision in California may prompt readers to conclude that coffee causes cancer; in fact, there was no such finding. But if the ruling stands, it could still have a big impact on coffee makers, so it is important for both consumers and companies to understand it fully, say attorneys with DLA Piper.
How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.
While the justices' comments during oral argument in South Dakota v. Wayfair Tuesday indicate that the U.S. Supreme Court is divided about the appropriate response to the South Dakota law at the heart of this matter, a ruling to affirm the status quo and hold for the taxpayers would not be surprising, say attorneys with Alston & Bird LLP.
With its decision Monday in Spade v. Select Comfort Corp., the New Jersey Supreme Court proffered some much-needed clarity on the definition of “aggrieved consumer” in assessing liability under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act, striking yet another blow to the law’s expansive reach, say attorneys with Dechert LLP.
The D.C. Circuit's recent decision in T-Mobile v. National Labor Relations Board reminds employers there is no selective negotiation during union status challenges, likely incentivizing them to withdraw recognition, and suggesting changes to the board’s blocking charge policy, say Kevin Brown and Hollis Peterson of Paul Plevin Sullivan & Connaughton LLP.
The Missouri Supreme Court recently declined to review a lower court's overturning of a $72 million talc verdict against Johnson & Johnson. This decision not only clears the way for Johnson & Johnson’s success in appeals of three other Missouri talc verdicts, but could herald a fundamental change in how mass tort cases may be litigated, say attorneys with Lewis Rice LLC.
One way law firms differentiate themselves from the competition to attract and retain top talent is through their real estate and workplace strategies. Taking a lead from the hospitality industry can help create a more inviting, welcoming and collaborative workspace environment, says Bella Schiro of Jones Lang LaSalle Inc.
After the D.C. Court of Appeals' recent decision in Andrea Liu v. U.S. Bank, secured lenders may find themselves fighting for the validity of their security interests as a result of condo association foreclosures. However, the court has provided some guidance that should give secured lenders some solace, say attorneys with Bradley Arant Boult Cummings LLP.
Dollar amounts of U.S. Consumer Product Safety Commission prelitigation settlements have increased over the past five years, as most recently shown by a record settlement with Polaris Industries for alleged reporting violations related to three recalls. But this track record has not been matched in recently litigated cases, say attorneys with Arnold & Porter.