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.
The D.C. Circuit on Wednesday rejected a request by environmentalists and California to reconsider a split panel's ruling that courts can't review a U.S. Environmental Protection Agency memorandum rescinding its "once in, always in" air pollution permitting policy.
Two dozen members of Congress told the U.S. Supreme Court on Wednesday that stripping the U.S. Securities and Exchange Commission's power to seek disgorgement in civil cases would upend decades of legislation and buck sound precedent undergirding the nation's securities laws.
The New Jersey Supreme Court stressed Wednesday that a provision of the state Municipal Land Use Law does not permit upending final approval of a development project over public health and safety concerns as the justices challenged Hoboken’s ongoing bid to derail construction of two high-rise residential buildings along the Hudson River.
A Florida appellate panel on Wednesday revived a suit seeking to hold a Bridgestone Corp. unit liable for a motorist's quadriplegia sustained in an auto collision, saying the trial judge improperly assessed the credibility of the motorist's deposition testimony.
A Kansas appeals court has again voided a $3.1 million verdict against BNSF Railway Co. for a conductor’s slow-developing back injury, saying the worker’s counsel made an improper closing argument intended to “inflame the passions of the jury” and that warranted a retrial.
U.S. Supreme Court justices questioned Wednesday whether the Montana Supreme Court's decision abolishing a scholarship program granting tax credits for donations to private schools, including religious ones, violated the Constitution.
The Seventh Circuit on Wednesday set the legal fees that an attorney must shell out to his adversaries as punishment for allowing a client to compose a "monstrosity of an appellate brief" on the lawyer's behalf.
A former driver for Domino's Pizza Inc. has told the Sixth Circuit that the lower court was wrong to force his case targeting no-poach provisions in the chain's franchise agreements into arbitration.
A Florida federal judge on Wednesday told former biofuel business partners fighting over what one claims was a bad faith involuntary bankruptcy that he’s not sure how to proceed in the case after the Eleventh Circuit vacated his ruling but gave no explanation why.
The Minnesota Supreme Court on Wednesday upheld a Minneapolis ordinance that gradually lifts the city’s minimum wage to $15, rejecting Graco Inc.’s claims the measure conflicts with the state's lower minimum wage.
The Wampanoag Tribe of Gay Head (Aquinnah) urged the First Circuit on Tuesday to overturn a Massachusetts federal judge’s ruling that the tribe must obtain municipal permits to build its planned Martha’s Vineyard casino, saying the decision violates the federal Indian Gaming Regulatory Act.
Oracle argued to keep alive its lawsuit alleging that the Pentagon's search for a company for its $10 billion cloud computing contract unfairly favored Amazon, saying Microsoft ultimately winning the deal doesn't render its challenge moot.
The American arm of China's state-run aerospace corporation has urged the Fifth Circuit to reconsider its decision to enforce a $62.9 million arbitral award in favor of fellow investors in a failed wind energy joint venture, saying the decision threatens to "eviscerate" safeguards essential to ensuring fairness.
Wal-Mart Stores Inc. asked the Ninth Circuit on Tuesday to take another look at a panel decision from earlier this month that affirmed a $54.6 million jury win for truckers who said the retailer violated California law by not paying minimum wage for breaks and other work interruptions.
A rent abatement suit against the New York City Housing Authority can go forward as a class action, a move that will avoid the need for hundreds of thousands of individual civil court claims, according to a decision earlier this week from the New York State Appellate Division.
The Eleventh Circuit affirmed Wednesday that a Florida federal court properly allowed a citrus grove owner to personally opine about the value of her land in a condemnation fight with a natural gas pipeline operator, ruling that her testimony wasn’t merely speculative because it drew from her property sales experience.
Energy giants including Chevron and Shell have again urged the First Circuit to find federal courts have jurisdiction over Rhode Island's suit seeking to force the companies to pay for climate change-related costs, arguing the dispute doesn't belong in state court.
A group of hemp and CBD companies told the Seventh Circuit that Indiana’s ban on smokable hemp is unconstitutional and was rightly blocked by a federal court, urging the judges to look past the state’s “fearmongering” about the crop’s physical similarity to marijuana.
LG and Samsung should face class action claims they broke antitrust laws by agreeing not to poach each other's workers, an attorney for two former LG employees told a Ninth Circuit panel at a hearing Wednesday, saying a decision that tossed the suit raised the pleading standard and frustrated congressional intent.
The widow of a Reed Smith partner asked the Seventh Circuit on Wednesday to restore her $3 million verdict against GlaxoSmithKline, but judges on the panel were skeptical the lower court abused its discretion when it decided a U.S. Supreme Court ruling didn't warrant a second look at her case.
A Texas appellate court has tossed securities fraud claims brought by investors against pigment maker Venator Materials PLC, its executives and underwriters, ruling a state court has no jurisdiction over those groups and their alleged roles in delaying the release of information about a fire at a production facility.
A group of janitors has made the first move in a pivotal California Supreme Court debate over the scope of the court's landmark Dynamex decision, saying the ruling not only applies retroactively to worker misclassification claims but also covers joint employment disputes.
The Fourth Circuit on Wednesday refused to revive a Swiss commodities trading company's suit accusing executives of a British Virgin Islands petroleum company of costing it at least $30 million through misrepresentations on a deal to transport fuel from Iraq.
Kraft Foods has asked the Seventh Circuit to allow it to immediately appeal certification of a class of investors in a wheat market manipulation suit that it says is overly broad and caused the company's potential exposure in the case to skyrocket.
The New Jersey Supreme Court sounded skeptical Wednesday that a dentist could pursue a state Uniform Fiduciaries Law claim against TD Bank for accepting checks fraudulently deposited by his then-employees, challenging his stance that they became fiduciaries via their misconduct.
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.
Lawyers can draw a number of useful lessons about reputation management from the efforts of former Nissan executive Carlos Ghosn — who recently escaped house arrest in Tokyo — to restore his sullied reputation, says Elizabeth Ortega at ECO Strategic Communications.
In light of a recent Delaware Supreme Court case in which a litigator was rebuked for failing to control his evasive witness during a deposition, attorneys should consider when they may be held responsible for client misconduct and what to do if a client crosses the line, says Philip Sechler of Robbins Russell.
Two recent decisions illustrate the division between Illinois state and federal courts over what constitutes adequate consideration to support enforceable noncompete agreements, but simple drafting practices can render the debate irrelevant in either court system, say attorneys at Michael Best.
The U.S. Supreme Court's recent decision in IBM v. Jander leaves unresolved a conflict between disclosure obligations under the Employee Retirement Income Security Act and federal securities laws, boosting the so-called inevitable disclosure theory for ERISA liability, say attorneys at Skadden.
The U.S. Supreme Court ruled last week in Ritzen v. Jackson Masonry that orders determining motions for relief from the automatic stay in bankruptcy cases must be appealed within 14 days of their entry, which will ensure greater certainty in the overall outcomes of cases, says Elyssa Kates at BakerHostetler.
The Third Circuit recently amended its September decision in U.S. v. University of Pittsburgh Medical Center, removing a controversial interpretation of the volume-or-value standard under the Stark Law. However, the court's approach is not in line with the Centers for Medicare & Medicaid Services' analysis regarding indirect compensation arrangements, says Karl Thallner of Reed Smith.
Antitrust agencies and private litigants continued to focus on the energy industry in 2019, and new antitrust policy initiatives announced by the U.S. Department of Justice last year will offer energy companies opportunities to avoid prosecution in certain cases, say attorneys at Vinson & Elkins.
In addition to joining the chorus of others who predict that increased global engagement by U.S. authorities will lead to record levels of Foreign Corrupt Practices Act enforcement, we also expect 2020 will bring changes in FCPA restitution, calculation of damages, declinations to prosecute and more, say attorneys at V&E.
After the Federal Circuit’s recent ruling in TCL v. Ericsson, which puts juries at the helm of calculating FRAND damages for standard-essential patents, litigators should focus on preparing a simplified and emotionally persuasive story and garnering the evidentiary support necessary for a favorable appeal, says Larry Sandell of Mei & Mark.
While the Affordable Care Act faces new court challenges, the public's growing support for the law and states' increasing interest in its Medicaid expansion option suggest it may have political staying power, says Lou Cannon of State Net Capitol Journal.
A California appellate court recently ruled in Noori v. Countrywide Payroll that use of an unregistered acronym on wage statements violated the state’s Labor Code, providing guidance on the requirement that pay stubs include an employer’s legal name, says Kirsten Gallacher at Wilson Turner.
In Arizona's case challenging California's doing business tax, the solicitor general's recently filed amicus brief arguing that Arizona's constitutional challenge does not warrant the U.S. Supreme Court’s exercise of its original jurisdiction may signal the end of Arizona's attempt to bypass state court, say Robert Merten and Mike Le at Pillsbury.
Last year, three court decisions addressing the Financial Institutions Reform, Recovery and Enforcement Act's civil monetary penalties provision — two at the final judgment stage and one at the pleadings stage — expanded FIRREA jurisprudence and remind us why this statute cannot be ignored, say attorneys at Morgan Lewis.
If the U.S. Supreme Court decides to hear Peterson v. Linear Controls, its decision could resolve a circuit split and redefine the scope of Title VII's discrimination protections, say attorneys at Sullivan & Cromwell.
In the final part of this article, Barbara Roth and Tyler Hendry at Herbert Smith look back on the most significant labor and employment law updates from the second half of the decade, and reveal their choice for the most important change of the 2010s.