Appellate

  • May 13, 2025

    6th Circ. Demands New Atty Fee Calculation In Property Row

    The Sixth Circuit has agreed that the state of Michigan and one of its counties are liable for attorney fees in a lawsuit alleging the county unlawfully kept proceeds from a tax-foreclosed sale, adding on Monday that the lower court must better explain why it slashed the victorious property owner's fee request.

  • May 13, 2025

    Ga. Justices Revives Claim Over Med Student's Negligence

    The Georgia Supreme Court on Tuesday revived a woman's claim seeking to hold two doctors vicariously liable for a medical student's alleged negligence during a hysterectomy, saying there are questions about whether the student was acting as their servant at the time.

  • May 13, 2025

    Insurer Calls To Ax Mogul's Receivership Appeal As Sanction

    An insurer seeking to collect on a $524 million arbitration award against convicted insurance mogul Greg Lindberg has asked the North Carolina Court of Appeals to toss Lindberg's attempt at undoing a receivership order as a sanction for allegedly flouting court deadlines.

  • May 13, 2025

    6th Circ. Vacates Paper Cos. Superfund Liability Ruling

    The Sixth Circuit sided with International Paper Co. and Weyerhaeuser Co. Monday and vacated a judgment holding them liable for future cleanup costs at a Michigan Superfund site.

  • May 13, 2025

    8th Circ. Holds Guatemalan Failed To Show Removal Hardship

    The Eighth Circuit has denied a Guatemalan national's attempt to reopen his removal proceedings after his child was born in the U.S., holding the Board of Immigration Appeals made no mistake in finding he failed to demonstrate eligibility for cancellation of removal.

  • May 13, 2025

    Menendez 'Laptop Problem' May Not Sway 2nd Circ. On Bail

    The Second Circuit pushed back Tuesday on arguments by two New Jersey businessmen convicted of bribing former Sen. Bob Menendez, D-N.J., after they asked for bail pending the outcome of their appeals, with the men pointing to a laptop used by jurors that contained excluded evidence.

  • May 13, 2025

    NFL Benefits Plan Throws Flag On Atty Fee Award To Player

    Former NFL player Michael Cloud should never have been awarded attorney fees by a Texas federal judge after a "complete loss" on appeal of his suit over disability benefits, the National Football League's retirement plan has told the Fifth Circuit.

  • May 13, 2025

    Justice Souter: Who He Was And How He Shaped The Law

    Retired Justice David Souter died last week at age 85. Here, Law360 looks at the former U.S. Supreme Court justice's legacy — not just through his legal work, but in his mentoring of clerks and friendships with peers.

  • May 13, 2025

    5th Circ. Says Gaps In Testimony Doom Deepwater Suit

    The Fifth Circuit has affirmed the exclusion of expert testimony in a worker's toxic tort suit against BP Exploration & Production Inc. over cancer he says he developed after cleaning up the 2010 Deepwater Horizon spill, saying there are "fatal analytical flaws" in the expert's opinion and upholding a win for the oil company.

  • May 12, 2025

    W.Va. High Court Declines 4th Circ. Request For Opioid Input

    The West Virginia Supreme Court of Appeals on Monday declined the Fourth Circuit's request to answer whether the state's public nuisance law applies to the distribution of opioids, saying disputed facts in litigation between local governments and drug distribution companies must first be resolved.

  • May 12, 2025

    Pa. Mental Health Rejection Suits Could Rise, Atty Says

    The Pennsylvania Supreme Court's recent decision to greenlight a suit accusing two hospitals of negligently rejecting a man seeking mental health treatment who later murdered his girlfriend could spark a rise in such lawsuits, one attorney warned.

  • May 12, 2025

    Fed. Circ. Erases MIT, Broad CRISPR Win In Conception Fight

    The Nobel Prize-winning scientists who lost their interference proceeding on a key use of the gene-editing technology CRISPR persuaded the Federal Circuit on Monday to​ give them another chance, with the court providing clarity on how to analyze conception.

  • May 12, 2025

    Amazon Cites FTC Take On Online Shopping Law In Prime Suit

    Amazon has asked a federal court to either allow it to present evidence of the Federal Trade Commission's statements about the clarity of the Restore Online Shoppers' Confidence Act or permit it to bring the matter to the Ninth Circuit, arguing the issue must be resolved sooner rather than later.

  • May 12, 2025

    Fla. Panel Says Evidence In DUI Case Was Legally Obtained

    A Florida federal judge wrongly applied the probable cause standard to suppress evidence from a DUI investigation of a woman initially pulled over for a traffic stop for driving in two lanes simultaneously, an appellate court said Friday, ruling the police officer's reasonable suspicion was enough to justify the traffic stop.

  • May 12, 2025

    Judge Blocks Oak Flat Land Transfer Until High Court Review

    A federal judge has temporarily blocked the federal government from transferring an ancient Arizona Apache worship site to a copper mining company until the U.S. Supreme Court rules on the dispute, saying there is no question that the tribes would suffer irreparable harm should the move proceed.

  • May 12, 2025

    DC Circ. Has 'Duty To Intervene' To Protect CFPB, Union Says

    A union representing employees of the Consumer Financial Protection Bureau has urged the D.C. Circuit to keep in place a lower court injunction barring the agency from stopping work and firing staff, asserting ahead of oral arguments this week that the Trump administration is trying to "place the executive branch above the law."

  • May 12, 2025

    Fla. Court Orders Hearing On Ineffective Counsel Claims

    A Florida state appeals court has ruled that a lower court must hold a hearing to assess evidence put forward by a man who claims ineffective counsel led him to be found guilty of a second-degree firearm offense and sentenced to 30 years in prison.

  • May 12, 2025

    Boeing Execs Say Cert. Appeal Warrants Stay Of 737 Max Suit

    Boeing executives have argued state pension fund litigation accusing them of putting profits over safety should be paused while the Fourth Circuit reviews the certification of a class of investors who are accusing the company and its leaders of making false statements about the 737 Max.

  • May 12, 2025

    Leon Black's Subpoena Suits Unsealed In Apollo Founder Row

    A New York state judge Monday revealed details in former Apollo Global Management CEO Leon Black's ongoing arbitration battle with co-founder-turned-nemesis Josh Harris, as the court unsealed three related subpoena enforcement suits.

  • May 12, 2025

    No One Can Challenge Rehab Permit Deal, Conn. Tells Court

    No one is aggrieved by a Connecticut agency settlement that granted a conditional approval to the operator of a substance abuse treatment facility, so no one can challenge it in court, the state attorney general's office argued Monday before the Connecticut Supreme Court.

  • May 12, 2025

    9th Circ. Asks Wash. Justices About Fake Discount CPA Suit

    The Ninth Circuit has called on Washington state's highest court to clarify whether a shopper who claims she purchased leggings from clothing retailer Aéropostale based on an alleged fake discounting scheme has suffered harm covered by the state Consumer Protection Act.

  • May 12, 2025

    Ohio AG Will Ask 6th Circ. To Revive Social Media Age Limit

    Ohio Attorney General Dave Yost announced Monday that he is appealing a federal court decision blocking the state's law barring social media companies from allowing children under 16 to create accounts without parental consent.

  • May 12, 2025

    Colo. Justices Undo DA's DQ From Judicial Stalking Case

    The Colorado Supreme Court on Monday said a lower court erred in disqualifying a district attorney's office from prosecuting criminal claims against someone accused of stalking a trial court judge, finding the office's alleged conflicts of interest amounted to routine actions amid the normal course of business.

  • May 12, 2025

    9th Circ. Questions Vegas Casino Room Rate Claims

    A skeptical Ninth Circuit panel had questions Monday for guests accusing Las Vegas casino-hotel operators of using the same software to inflate room rates about what they need to show for their algorithmic pricing claims to survive.

  • May 12, 2025

    Unions Tell Justices To Protect Privacy In Social Security Case

    Two unions and an advocacy group argued Monday that there's no need for the U.S. Supreme Court to make it easier for the Department of Government Efficiency to access the Social Security Administration's data on millions of Americans, claiming requiring the supposed fraud-busting team to follow protocol doesn't constitute an emergency.

Expert Analysis

  • Series

    Playing Rugby Makes Me A Better Lawyer

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    My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.

  • Looking Back At 2024's Noteworthy State AG Litigation

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    State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.

  • Opinion

    No, Litigation Funders Are Not 'Fleeing' The District Of Del.

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    A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.

  • The Compliance Trends And Imperatives On Tap In 2025

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    The corporate ethics and compliance landscape is rapidly evolving, posing challenges from conflicting stakeholder expectations to technological disruptions, and businesses will need to explore human-centered, data-driven and evidence-based practices, says Hui Chen at CDE Advisors.

  • Opinion

    Congress Should Finally Add Clarity To Section 101

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    With both the U.S. House of Representatives and Senate introducing bills to provide guidance on what qualifies as patentable subject matter under the Patent Act, Congress will hopefully put an end at last to 10 years of uncertainty surrounding the question, says David Carstens at Carstens Allen.

  • 5 Advertising Law Trends To Watch In 2025

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    Although advertisers are encouraged by the incoming Trump administration's focus on deregulation, this year could feel like wading through uncharted waters, and decreased federal government regulation may mean increased state regulation, say attorneys at Reed Smith.

  • 5 E-Discovery Predictions For 2025 And Beyond

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    In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.

  • NY Plastic Pollution Verdict May Not Bode Well For Other Suits

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    The dismissal of New York state's public nuisance complaint against PepsiCo over pollution of the Buffalo River with the company's single use plastic bottles may not augur well for similar lawsuits filed by Baltimore and Los Angeles County, although tort law varies from state to state, say attorneys at Winston & Strawn.

  • What To Expect From Federal Cybersecurity Policy In 2025

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    There are 12 cyber policy questions to keep an eye on as the new administration and Republican control of Congress present an opportunity to advance less regulatory approaches and revisit some choices from the prior administration, say attorneys at Wiley.

  • Bid Protest Spotlight: Certification, Lateness, SBA Eligibility

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    In this month's bid protest roundup, Cody Fisher at MoFo examines three recent decisions from the U.S. Court of Appeals for the Federal Circuit and the U.S. Government Accountability Office that address the treatment of a proposal that was timely submitted but received late, and highlight nuances of certification and small business eligibility requirements.

  • How Decline Of Deference Will Affect Trump Policymaking

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    An administrative law regime without Chevron deference may limit the Trump administration’s ability to implement new policies in the short term, but ultimately help it in the long term, and all parties with an interest in regulatory changes will have to take a fresh approach to litigation, say attorneys at Covington.

  • Series

    Ohio Banking Brief: All The Notable Legal Updates In Q4

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    Ohio's banking and financial services sector saw several significant developments in the fourth quarter of 2024, including a landmark Uniform Commercial Code ruling, adjustments to the state's Homebuyer Plus Program and the launch of the state's first women-led bank, says attorney Alex Durst.

  • 6 Predictions For Cyber Risk And Insurance In 2025

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    This year is likely to bring with it some thorny and expensive cyber challenges, including increased ransomware activity, more data breach class actions and continued efforts to define business interruption loss calculations, say attorneys at Wiley.

  • 7 Ways 2nd Trump Administration May Affect Partner Hiring

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    President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.

  • Opinion

    Courts Must Curb The Drug Price Negotiation Program

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    The Inflation Reduction Act's drug price negotiation program upends incentive structures that drive medical innovation, and courts must act appropriately to avoid devastating consequences for American healthcare and the pharmaceutical industry, says Jeff Stier at the Consumer Choice Center.

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