Appellate

  • October 21, 2025

    9th Circ. Urged To Revive 5-Hour Energy Price Bias Suit

    Family-owned wholesalers have told the Ninth Circuit that a lower court added new requirements with its latest ruling rejecting allegations that the maker of 5-Hour Energy violated price discrimination law by providing Costco with disproportionate promotional support.

  • October 21, 2025

    Judge Agrees With United That Wage Suits Are Linked

    A suit accusing United Airlines of conspiring to underpay workers is related to another case in which flight attendants are bringing a grievance to arbitration without the Teamsters' support, a California federal judge ruled, turning down a worker's arguments that the cases didn't overlap.

  • October 21, 2025

    Supreme Court Medina Ruling Erodes Public Health Networks

    Healthcare advocates in more than a dozen states are bracing for Planned Parenthood's ouster from public benefit programs after a U.S. Supreme Court decision in June.

  • October 21, 2025

    J&J Appeals $25M Loss In Conn. Builder's Asbestos Case

    Johnson & Johnson has appealed its losses in a Connecticut real estate developer's asbestos lawsuit, telling state trial and appellate courts that it plans to challenge denials of multiple bids to reverse a $15 million jury verdict plus an additional $10 million in punitive damages awarded by a judge.

  • October 21, 2025

    9th Circ. Says Autistic DHS Officer's Bias Suit Needs 2nd Look

    The Ninth Circuit revived an immigration officer's suit alleging the U.S. Department of Homeland Security fired him after his autism caused him to misremember a workplace injury's details, ruling the lower court was too quick to find what the government called "lack of candor" doomed his case.

  • October 21, 2025

    Medtronic Says 8th Circ. Wrongly Tossed Tax Court's Method

    The Eighth Circuit's rejection of the U.S. Tax Court's latest ruling on the pricing of Medtronic intangibles placed unnecessary restrictions on the court's unspecified method addressing such assets transferred to Puerto Rico, the company argued as it asked the Circuit Court to rethink its decision.

  • October 20, 2025

    NJ Asks If Experts Are Needed For Mental Defenses

    New Jersey's Supreme Court on Monday heard arguments on whether expert testimony is needed to advance insanity or diminished capacity defenses in two murder cases, with defense attorneys and the American Civil Liberties Union arguing state lawmakers intended juries, with or without doctors, to evaluate evidence regarding state of mind.

  • October 20, 2025

    9th Circ. Judges Doubt DOD's 'Broad' Transgender Troop Ban

    Two Ninth Circuit judges hearing an appeal Monday expressed doubts about the Trump administration's bid to vacate a preliminary injunction blocking the U.S. Department of Defense from treating gender dysphoria as a disqualifying medical condition, saying the "broad" new policy sweeps in undiagnosed individuals.

  • October 20, 2025

    Ill. Asks Justices To Keep National Guard Out Of Chicago

    Illinois and the city of Chicago implored the U.S. Supreme Court on Monday to leave in place a federal judge's order temporarily barring the Trump administration from sending National Guard troops to the Windy City, arguing the evidence on the ground comes nowhere close to supporting the president's deployment order.

  • October 20, 2025

    Trump Sending Guard To Portland Likely Legal, 9th Circ. Says

    The Ninth Circuit recognized in a split panel decision on Monday that President Donald Trump likely acted within his statutory power when he called for Oregon National Guard members to be sent to Portland, granting the federal government's bid to stay a lower court order blocking the deployment as an appeal plays out.

  • October 20, 2025

    Colo. High Court Upholds $40M Award In Med Mal Cap Suit

    The Colorado Supreme Court Monday unanimously ruled that a jury retains its authority to award damages exceeding the state's $1 million cap on medical malpractice damages subject to certain court authority, upholding a nearly $40 million judgment against a state hospital.

  • October 20, 2025

    States Urge Del. High Court To Reject Jarkesy Challenge

    State regulators are asking the Delaware Supreme Court to reject an oil-and-gas company's call to apply a recent U.S. Supreme Court decision to state-level securities fraud actions, arguing that a ruling in the company's favor could have "ripple effects" on other states' abilities to pursue alleged fraudsters via administrative courts.

  • October 20, 2025

    DA Willis' Subpoena Appeal On Hold After Testimony Deal

    Georgia's highest court agreed Monday to put off hearing a fight over whether Fulton County District Attorney Fani Willis can be brought before a legislative committee investigating her handling of the election interference case against President Donald Trump after Willis agreed to appear before the lawmakers next month.

  • October 20, 2025

    5th Circ. Affirms Fraud Conviction Of Failed Bank's Ex-CEO

    A Fifth Circuit panel upheld the conviction of former First NBC Bank CEO Ashton J. Ryan Jr., who was sentenced to 14 years in prison and ordered to pay $215 million in restitution after a jury found him guilty of bank fraud and conspiracy related to the collapse of the Louisiana bank.

  • October 20, 2025

    DOT's Immigrant Truck Driver Rule Gets DC Circ. Challenge

    Workers and unions on Monday petitioned the D.C. Circuit to review a new U.S. Department of Transportation rule that blocks certain immigrants from holding commercial driver's licenses despite having authorization to work in the U.S.

  • October 20, 2025

    Fed. Circ. Revived Chevron In PTAB Appeal, Justices Told

    The Federal Circuit has revived Chevron deference in "all but name," by relying on U.S. Patent and Trademark Office policy to answer a key question about what qualifies as prior art, a law professor has told the U.S. Supreme Court.

  • October 20, 2025

    Split Mich. Panel Orders Probe Into Black Juror's Removal

    A divided Michigan state appeals court has granted a hearing to a man convicted of child sexual abuse to determine if a prospective juror was removed because of his race.

  • October 20, 2025

    Biotech Co. Asks SEC For Emergency Delisting Pause

    Chinese biotechnology company Shineco Inc. has asked the U.S. Securities and Exchange Commission for an emergency stay of Nasdaq's suspension and delisting of its securities, arguing it will likely succeed in its pending appeal to the stock exchange.

  • October 20, 2025

    Del. Supreme Court Upholds Keynetics Trust Dissolution

    The Delaware Supreme Court on Monday upheld a Chancery Court order dissolving the Keynetics Shareholder Trust and sanctioning its chairman, ruling that the lower court acted within its discretion when it imposed penalties for repeated violations of stock transfer restrictions tied to the stock of Idaho tech firm Keynetics Inc.

  • October 20, 2025

    Funds Rip Boeing's 4th Circ. Bid To Decertify Max Fraud Class

    Institutional investors have told the Fourth Circuit that they've sufficiently laid out their damages theories to advance certified class claims alleging Boeing kept its stock price trading at inflated levels by repeatedly misrepresenting the safety of its 737 Max fleet after two crashes and a door-plug blowout.

  • October 20, 2025

    Proposed PTAB Rules Bolster SAP's Fight, Fed. Circ. Told

    SAP America Inc. told the Federal Circuit on Friday that its challenge to the U.S. Patent and Trademark Office's stance on Fintiv-based discretionary denials is bolstered by newly proposed USPTO rules, which the company says prove that "mandamus relief is urgently needed to protect important public interests."

  • October 20, 2025

    Exxon Fights 2nd Circ.'s Atty Fees Ruling In NYC Climate Case

    Exxon, BP, Shell and the American Petroleum Institute are asking the Second Circuit for en banc review of a panel's decision to award attorney fees to New York City, which is suing them for deceptive practices around climate change.

  • October 20, 2025

    Emergency Tariffs Unlawfully Unprecedented, Justices Told

    The International Emergency Economic Powers Act has never been used until President Donald Trump to impose tariffs, and nowhere does the law provide that explicit authority, a dozen states, several small businesses and a pair of Illinois toymakers told the U.S. Supreme Court Monday.

  • October 20, 2025

    Youths Appeal Dismissal Of Challenge To Trump Energy Orders

    A group of youths filed a notice of appeal with the Ninth Circuit on Monday, seeking to overturn a Montana federal judge's dismissal of their lawsuit aimed at undoing President Donald Trump's energy-related emergency orders.

  • October 20, 2025

    10th Circ. Nixes Internet Restrictions In Child Porn Case

    The Tenth Circuit has ruled that a lifetime internet restriction imposed as part of a man's sentence for child pornography and exploitation charges should be reversed, finding that there was not sufficient legal basis to uphold the restriction.

Expert Analysis

  • Mass. Ruling May Pave New Avenue To Target Subpoenas

    Author Photo

    A Massachusetts federal court’s recent decision to quash a subpoena seeking information on gender-affirming care at Boston Children’s Hospital is a significant departure from courts' deferential approach to subpoena enforcement, and may open a new pathway for practitioners challenging investigative tools in the future, say attorneys at Gibson Dunn.

  • Where 4th And 9th Circ. Diverge On Trade Secret Timing

    Author Photo

    Recent Fourth and Ninth Circuit decisions have revealed a deepening circuit split over when plaintiffs must specifically define their alleged trade secrets, turning the early stages of trade secret litigation into a key battleground and elevating the importance of forum selection, say attorneys at Skadden.

  • What Justices' Bowe Ruling Could Mean For Federal Prisoners

    Author Photo

    Bowe v. U.S. — set for oral argument before the U.S. Supreme Court on Oct. 14 — presents the high court with two consequential questions about the Anti-Terrorism and Effective Death Penalty Act's successive-petition regime that will be immediately relevant to federal postconviction practice, says attorney Elizabeth Franklin-Best.

  • Why Justices Seem Inclined To Curtail Del. Affidavit Statute

    Author Photo

    After recent oral argument before the U.S. Supreme Court in Berk v. Choy — asking whether Delaware's affidavit-of-merit statute applies in federal diversity actions, or whether the Federal Rules of Civil Procedure displace the state requirement — it appears the court is poised to simplify the standard approach, says Eric Weitz of The Weitz Law Firm.

  • Series

    Adapting To Private Practice: 3 Tips On Finding The Right Job

    Author Photo

    After 23 years as a state and federal prosecutor, when I contemplated moving to a law firm, practicing solo or going in-house, I found there's a critical first step — deep self-reflection on what you truly want to do and where your strengths lie, says Rachael Jones at McKool Smith.

  • Justices May Decide Whether Restitution Is A Punishment

    Author Photo

    Forthcoming oral argument before the U.S. Supreme Court in Ellingburg v. U.S. will focus on whether criminal restitution qualifies as criminal punishment under the U.S. Constitution — a key question as restitution has expanded in reach and severity, while providing little meaningful compensation for victims, says Lula Hagos at George Washington University Law School.

  • Series

    Painting Makes Me A Better Lawyer

    Author Photo

    Painting trains me to see both the fine detail and the whole composition at once, enabling me to identify friction points while keeping sight of a client's bigger vision, but the most significant lesson I've brought to my legal work has been the value of originality, says Jana Gouchev at Gouchev Law.

  • What's At Stake At High Court For Presidential Removal Power

    Author Photo

    Two pending U.S. Supreme Court cases —Trump v. Slaughter and Trump v. Cook — raise fundamental questions about the constitutional separation of powers, threaten the 90-year-old precedent of Humphrey's Executor v. U.S. and will determine the president's authority to control independent federal agencies, says Kolya Glick at Arnold & Porter.

  • Courts Are Still Grappling With McDonnell, 9 Years Later

    Author Photo

    The Seventh and D.C. Circuits’ recent decisions in U.S. v. Weiss and U.S. v. Paitsel, respectively, demonstrate that courts are still struggling to apply the U.S. Supreme Court’s 2016 ruling in McDonnell v. U.S., which narrowed the scope of “official acts” in federal bribery cases, say attorneys at Quinn Emanuel.

  • Calif. Justices Usher In Stricter Era For Wage Law Ignorance

    Author Photo

    In Iloff v. LaPaille, the California Supreme Court determined that neither an employer's ignorance of wage obligations nor a worker agreeing to an unconventional arrangement is sufficient to establish good faith, demonstrating that the era of casual wage arrangements without legal vetting is over, says Brandy Alonzo-Mayland at Michelman & Robinson.

  • Protecting Sensitive Court Filings After Recent Cyber Breach

    Author Photo

    In the wake of a recent cyberattack on federal courts' Case Management/Electronic Case Files system, civil litigants should consider seeking enhanced protections for sensitive materials filed under seal to mitigate the risk of unauthorized exposure, say attorneys at Redgrave.

  • Means-Plus-Function Terms In Software Claims May Be Risky

    Author Photo

    Though the Federal Circuit recently reversed a decision rejecting a set of means-plus-function software claims as lacking sufficient structure, practitioners who proceed under this holding may run into indefiniteness problems if they do not consider other Federal Circuit holdings related to the definiteness requirement, says Jeffrey Danley at Seed IP Law Group.

  • Wash. Ruling Raises Pay Transparency Litigation Risk

    Author Photo

    Washington Supreme Court’s recent decision in Branson v. Washington Fine Wine and Spirits, affirming applicants standing to sue regardless of their intent in applying, broadens state employers' already broad exposure — even when compared to other states with pay transparency laws, say attorneys at Hunton.

  • Why Feds' Criminal Vehicle Tampering Theory Falls Short

    Author Photo

    In recent years, federal regulators have advanced a novel theory that reprogramming a vehicle's onboard diagnostics system is a crime under the Clean Air Act — but a case now pending in the Ninth Circuit shows that the government's position is questionable for a host of reasons, say attorneys at Arnold & Porter.

  • High Court Right-To-Counsel Case Could Have Seismic Impact

    Author Photo

    The U.S. Supreme Court will hear arguments next week in Villarreal v. Texas about whether prohibiting testimony discussions between defendants and their counsel during an overnight recess violates the Sixth Amendment, and the eventual decision could impose a barrier in the attorney-client relationship, say attorneys at Arnold & Porter.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Appellate archive.