Appellate

  • September 20, 2024

    Insurer Off Hook For Late-Reported Malpractice Claim

    An insurance carrier had no obligation to defend or indemnify a Massachusetts attorney who failed to report a malpractice lawsuit for more than a year, the First Circuit said, affirming a lower court's decision to vacate a $1.1 million jury verdict against the insurer.

  • September 20, 2024

    Avenatti Seeks Top Court Review Of Daniels ID Theft Verdict

    Incarcerated celebrity attorney Michael Avenatti has asked the U.S. Supreme Court to review his conviction for misappropriating money from ex-client Stormy Daniels, claiming the Second Circuit's decision upholding the verdict runs afoul of precedent for identity-theft cases.

  • September 20, 2024

    What A Second Trump Term Could Mean For The Courts

    During his speech in Milwaukee in July accepting the Republican nomination for president, former President Donald Trump called Judge Aileen Cannon of the Southern District of Florida a "highly respected federal judge" and touted her ruling a few days earlier throwing out the "fake" case against him involving his alleged mishandling of classified documents.

  • September 20, 2024

    Chevron's Demise May Not Bring Deluge Courts Had Feared

    Though the death of Chevron deference has opened a door to attacking administrative decisions, the expected uptick in litigation probably won't threaten to clog federal courts, numerous administrative law experts told Law360.

  • September 20, 2024

    Court Rejects Jerry Sandusky's Atty Pressure Tactics Theory

    A Pennsylvania state appeals court has denied convicted pedophile and former Penn State football assistant coach Jerry Sandusky's latest request for a retrial, rejecting his claims that new evidence showed accusers were pressured by an attorney to sue and that several underwent "repressed memory therapy" in order to recount false memories of abuse.

  • September 20, 2024

    Drew Eckl Battles Ex-Firm Attys Over Fees Arbitration

    Drew Eckl & Farnham LLP and breakaway firm Burke Moore Law Group LLP filed competing briefs with the Georgia Court of Appeals this week, as Drew Eckl fought to uphold a trial court's ruling that Burke Moore must arbitrate a dispute over fees earned by its name partners when they left to start their own shop.

  • September 20, 2024

    Off The Bench: Favre Flops, Dolan Escapes, Betting Cos. Sued

    In this week's Off The Bench, retired quarterback Brett Favre can't revive a defamation suit against fellow NFL Hall of Famer Shannon Sharpe, New York Knicks owner James Dolan is spared from federal sex-trafficking claims, and two sports-betting giants face new suits over their use of MLB player images.

  • September 20, 2024

    Trump Again Asks To Delay Evidence In DC Election Suit

    Attorneys for former President Donald Trump again asked the Washington, D.C., federal judge overseeing his election interference case to push back a highly anticipated evidentiary filing from prosecutors, saying special counsel Jack Smith's office shouldn't be allowed to publicly lay out evidence until the court addresses Trump's concerns about the scope of discovery.

  • September 20, 2024

    Illinois Justices Affirm Fired Attorneys' $1.7M Fee Award

    The Illinois Supreme Court held Thursday that two attorneys who represented clients in contentious proceedings over family assets are entitled to $1.7 million in fees for nearly a year and a half of legal work they did before they were terminated, reversing an appellate court that found their attorney-client agreement void.

  • September 20, 2024

    IRS Must Credit Overpayments, Couple Tell 5th Circ.

    A couple claiming they should be allowed to sue the IRS for a roughly $500,000 tax refund in federal court because they overpaid their taxes told the Fifth Circuit that the agency is out of time to challenge their overpayments and must credit their account.

  • September 20, 2024

    High Court Refuses To Put Jill Stein Back On Nevada Ballot

    The U.S. Supreme Court rejected the Nevada Green Party's request to have Jill Stein's name reinstated on the state's presidential ballot Friday, allowing the Silver State to exclude the minor party from its general election after it filed the wrong form at the direction of state officials.

  • September 19, 2024

    NC Justices Seem OK With Original Ouster Of Cursing Clerk

    North Carolina Supreme Court justices appeared willing to rule on Thursday that a county clerk was lawfully removed from office by a replacement for a recused judge after the clerk allegedly cursed a judge's name on an accidental phone call.

  • September 19, 2024

    Why Justice Thomas' Gifts Probe Is Likely Taking So Long

    The federal judiciary's governing body has spent more than a year reviewing complaints alleging U.S. Supreme Court Justice Clarence Thomas unlawfully failed to disclose decades of luxury gifts and travel. Ethics watchdogs argue it's time to wrap up the investigation, but politics — in every sense of the word — may cause further delay.

  • September 19, 2024

    CFTC Warns Of 'Profound' Harm In Election Betting Appeal

    The U.S. Commodity Futures Trading Commission fought Thursday to prevent an online trading platform from offering betting on election outcomes while the agency appeals a trial court ruling that allowed the futures contracts to go live, warning the D.C. Circuit that the "high-stakes" event contracts threaten serious harm to election integrity.

  • September 19, 2024

    Texas Med Mal Law Axes Crash Suit Against Ambulance Driver

    A Texas appeals court on Thursday narrowly tossed a suit accusing an ambulance driver of causing a motorist's crash injuries after running a red light, saying the suit can be considered a medical malpractice case, which requires a medical expert's report.

  • September 19, 2024

    Ill. Justices Affirm $2.1M Verdict In Blood Clot Death Suit

    The Illinois Supreme Court on Thursday declined to overturn a jury's $2.1 million verdict in a medical malpractice suit accusing a doctor of causing a patient's death, saying the widower's award for "material services" was recoverable even though he remarried about a year after his wife's death.

  • September 19, 2024

    4th Circ. Won't Flip Fraud Convictions Over Unseen Jury

    The Fourth Circuit has refused to overturn two men's investment-fraud convictions over complaints that COVID safety protocols made the jury invisible to the public, but vacated part of one sentence because probation conditions weren't adequately spelled out.

  • September 19, 2024

    10th Circ. Says Disbarred Atty Mooted Appeal With Guilty Plea

    The Tenth Circuit dismissed a disbarred immigration attorney's efforts at obtaining an injunction that would force a state court to appoint counsel for her in a forgery case, saying Thursday that she mooted her own appeal by pleading guilty.

  • September 19, 2024

    8th Circ. Says No Detention Time Limit For Deportees

    The Eighth Circuit has ruled that a district court wrongly determined that the due process rights of an Ivory Coast native convicted of robbery were violated after he spent a year in federal custody waiting for a removal decision.

  • September 19, 2024

    Wash. Justices Strike Down County's Rural Winery Regs

    The Washington State Supreme Court has struck down an Evergreen State county's regulations for wineries and tasting rooms on rural land near Seattle, saying Thursday the local government violated long-term planning and land use law by downplaying potential environmental consequences of the rules before passing them.

  • September 19, 2024

    Ill. High Court Says Pot Smell Not Grounds For Vehicle Search

    Illinois's highest court on Thursday ruled that the smell of burned marijuana does not constitute grounds for a warrantless vehicle search, given that the state legalized recreational marijuana prior to the traffic stop.

  • September 19, 2024

    GM Asks Full 6th Circ. To Rehear Truck Emissions Fraud Suit

    General Motors LLC is asking the full Sixth Circuit for an en banc rehearing of a split decision that revived state law claims from four plaintiffs who alleged that GM misleadingly marked Chevrolet Silverado and Sierra vehicles as being more environmentally friendly than they were.

  • September 19, 2024

    Publishers Back Music Companies' Bid To Restore $1B Win

    Organizations that represent music publishers and songwriters urged the U.S. Supreme Court on Thursday to review a Fourth Circuit ruling that scrapped a $1 billion jury verdict against Cox Communications Inc. for ignoring online piracy, saying the three-judge appeal panel's conclusion "effectively immunizes internet service providers" from vicarious liability.

  • September 19, 2024

    Ga. Appeals Court Says Hospital Must Get Certificate Of Need

    The Georgia Court of Appeals for the second time has said that a Georgia hospital must obtain a new certificate of need from the state to convert its long-term care beds to short-stay acute care beds, following guidance issued by the state's justices earlier this year.

  • September 19, 2024

    6th Circ. Upholds NLRB's Severance Order Against Hospital

    The Sixth Circuit on Thursday affirmed a National Labor Relations Board decision that found a Michigan hospital violated federal labor law through its offer of severance agreements, but didn't weigh in on whether the board's precedent shift on pacts that include nondisparagement clauses should stand.

Expert Analysis

  • Strategies To Defend Against Healthcare Nuclear Verdicts

    Author Photo

    The healthcare industry is increasingly the target of megaclaims, particularly those alleging medical malpractice, but attorneys representing providers can use a few tools to push back on flimsy litigation and reduce the likelihood of a nuclear verdict, says LaMar Jost at Wheeler Trigg.

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

    Author Photo

    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • Series

    After Chevron: SEC Climate And ESG Rules Likely Doomed

    Author Photo

    Under the U.S. Supreme Court's recent decision in Loper Bright, without agency deference, the U.S. Securities and Exchange Commission's climate disclosure and environmental, social and governance rules would likely be found lacking in statutory support and vacated by the courts, says Justin Chretien at Carlton Fields.

  • Assessing Whether Jarkesy May Limit FINRA Prosecutions

    Author Photo

    The U.S. Supreme Court’s recent decision in Jarkesy v. U.S. Securities and Exchange Commission, holding that civil securities fraud defendants are entitled to jury trials, may cause unpredictable results when applied to Financial Industry Regulatory Authority prosecutions, say Barry Temkin and Kate DiGeronimo at Mound Cotton.

  • The Bank Preemption Ripple Effects After Cantero, Flagstar

    Author Photo

    The importance of federal preemption for financial institutions will only increase as technology-driven innovations evolve, which is why the U.S. Supreme Court's recent decision in Cantero v. Bank of America and vacatur of Kivett v. Flagstar Bank have real modern-day significance for national banks, say attorneys at WilmerHale.

  • IP Hot Topic: The Intersection Of Trademark And Antitrust Law

    Author Photo

    Antitrust claims – like those in the U.S. Department of Justice’s recent case against Apple – are increasingly influencing trademark disputes and enforcement practices, demonstrating how antitrust law can dilute the power of a trademark, say attorneys at Dentons.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

    Author Photo

    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

  • How Law Firms Can Avoid 'Collaboration Drag'

    Author Photo

    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • Election Outlook: A Precedent Primer On Content Moderation

    Author Photo

    With the 2024 election season now in full swing, online platforms will face difficult and politically sensitive decisions about content moderation, but U.S. Supreme Court decisions from last term offer much-needed certainty about their rights, say Jonathan Blavin and Helen White at Munger Tolles.

  • When The Supreme Court Gives You Lemons, Make Lemonade

    Author Photo

    Instead of grousing about the U.S. Supreme Court’s recent decisions overturning long-standing precedents, attorneys should look to history for examples of how enterprising legal minds molded difficult decisions to their advantage, and figure out how to work with the cards they’ve been dealt, says Reuben Guttman at Guttman Buschner.

  • Philly Project Case Renews Ongoing Fraud Theory Tug-Of-War

    Author Photo

    In its upcoming term, the U.S. Supreme Court will hear Kousisis v. U.S., a case involving wire fraud convictions related to Philadelphia bridge repair projects, and may once again further rein in prosecutorial attempts to expand theories of fraud beyond core traditional property rights, say Jonathan Halpern and Kyra Rosenzweig at Holland & Knight.

  • How Anti-DEI Bill Could Affect Employers' Diversity Efforts

    Author Photo

    Sen. J.D. Vance's recently introduced Dismantle DEI Act would substantially limit employers’ ability to implement and promote workplace diversity, equity and inclusion, but there are still steps employers can take to support a diverse workforce, says Peter Ennis at Cozen O’Connor.

  • Fed. Circ. Resolves Post-AIA Question On Prefiling Activity

    Author Photo

    For more than a decade, patent attorneys have worried about what the America Invents Act means for specific prefiling activities, but two recent Federal Circuit decisions suggest the enumerated prefiling activities in Section 102(a)(1) will not affect validity if done within a year of filing the application, says Howard Skaist at Berkeley Law.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

    Author Photo

    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • Series

    After Chevron: What To Expect In Consumer Protection At FTC

    Author Photo

    Although the Federal Trade Commission's bread-and-butter consumer protection law enforcement actions are unlikely to be affected, the Loper Bright decision may curb the FTC's bolder interpretations of the statutes it enforces, says Mary Engle at BBB National Programs.

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.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!