Chief Justice John Roberts Jr. took the rare step of reading aloud his correspondence with the recently retired Justice Anthony Kennedy at the start of oral arguments Monday, the latest tribute to Justice Kennedy’s three decades on the highest court in the land.
Advocacy groups trying to overturn President Donald Trump's policy on transgender people serving in the military faced pointed queries from a D.C. Circuit panel on Monday as to why courts should not defer to the Pentagon's judgment on decisions regarding combat readiness.
The Federal Circuit on Monday upheld findings from U.S. District Judge Rodney Gilstrap that invalidated parts of two patents related to email software, including one that was found invalid under the U.S. Supreme Court’s Alice test.
The U.S. Supreme Court on Monday refused to hear Kimberly-Clark Corp.’s appeal of a Ninth Circuit decision allowing a putative class plaintiff to seek injunctive relief over claims the consumer products giant falsely advertised its wet wipes as “flushable.”
The Ninth Circuit on Friday rejected the Trump administration's request to allow its rule stripping asylum eligibility from migrants who cross the southern border outside a designated port of entry to go into effect while a lower court order blocking the policy is on appeal.
Lehman Brothers and Tishman Speyer are off the hook yet again in a sprawling lawsuit sparked by their ill-fated purchase of real estate investment trust Archstone-Smith for $22 billion, after the Tenth Circuit affirmed a lower court's order that shut down the 10-year-long investor class action.
A Fourth Circuit panel has upheld a U.S. Tax Court rejection of a $2.4 million tax shelter scheme, ruling it had no economic substance and the taxpayers should have known it was “too good to be true.”
The U.S. Supreme Court on Monday declined to hear a Corning Inc. subsidiary’s challenge to a $61 million judgment against it in a cable patent case, in spite of the fiber optics maker’s arguments that the judgment was based on a misreading of the high court's Halo ruling.
The Ninth Circuit should rehear a case in which a panel affirmed a nearly $35 million judgment against a husband and wife who bilked investors out of millions in an EB-5 visa scheme related to a cancer treatment center they never built, as the court did not properly consider inflation and the value of a green card, the couple argued Friday.
Renesas Electronics America Inc. has told the U.S. Supreme Court not to hear Texas Advanced Optoelectronic Solutions Inc.’s challenge of a Federal Circuit ruling that vacated a $77 million verdict against Renesas for stealing trade secrets and violating patent rights.
The U.S. Supreme Court on Monday agreed to reconsider a key precedent of administrative law that tells judges to defer to an agency's interpretation of its own ambiguous regulation, taking up a challenge to so-called Auer or Seminole Rock deference, which has been criticized by several conservative justices on the court.
California's law requiring children in day care and grade school to get vaccinated survived another in a long line of challenges when a state appeals court criticized the lawsuit’s "hyperbole" in a unanimous opinion upholding a lower court's decision to toss the case.
Wisconsin-based marketing and printing firm Quad/Graphics Inc. will have to pay a multi-employer pension plan several million dollars after a Ninth Circuit appeals panel on Friday upheld a lower court's ruling that the fund had correctly calculated how much the company owed after it pulled out of the plan.
Allina Health System did not violate the Americans with Disabilities Act or Minnesota disability laws when it fired an employee who refused to get immunized against rubella because the job requirement protects potentially vulnerable patients, an Eighth Circuit panel ruled Friday, backing a lower court’s decision to throw out the case.
A California attorney has asked the Ninth Circuit to allow him to continue representing a former NFL cheerleader in her proposed class action against the league despite the fact that a judge with the state bar court has recommended that he be disbarred for exploiting an elderly client and his license has been listed as inactive.
A Texas appellate panel on Thursday affirmed a lower court’s dismissal of claims against the North Texas Tollway Authority in a wrongful death suit filed by the father of a man who collided with a downed light pole on the tollway, finding that the agency only knew the pole was down one minute before the collision.
The Ohio Supreme Court said Friday that defamation is a kind of injury to a person and is subject to caps on personal injury damages, commanding a lower court to go back and reduce a $1.5 million defamation award to a nurse who was fired after supporting a union organizing effort at her hospital.
A Sixth Circuit panel on Friday agreed with a lower court that gave Nexus Gas Transmission LLC quick access to landowners' properties in Ohio so that it could proceed with pipeline construction in a timely way.
Volkswagen AG has told the Ninth Circuit that counties in Florida and Utah cannot revive their claims the German automaker violated local rules by tampering with emissions software in certain diesel vehicles, insisting they’re preempted by the Clean Air Act.
The Fourth Circuit on Thursday determined that a green card holder with a felony abduction conviction under Virginia law was not eligible for removal because he had not committed the offense within five years of his arrival in the U.S., vacating his deportation order.
The Second Circuit has been asked to hear an appeal of a New York federal court ruling awarding more than $300 million in attorneys' fees to the firms representing an investor class in securing $2.3 billion in settlements over claims 15 banks plotted to rig benchmark exchange rates in the foreign exchange markets.
As the D.C. Circuit judge makes his bid for a seat on the U.S. Supreme Court, here’s our look at the politics and predictions surrounding the nomination along with what a Justice Brett Kavanaugh could mean for your practice.
The latest term ended with a bang with Justice Anthony Kennedy's retirement, but the cases themselves packed a punch this term. With the Supreme Court back at full strength, the docket was loaded with issues that divided the nine justices. Here, Law360 takes a look at the oddest voting lineups, the juiciest dissents and the best oral argument moments from a contentious session.
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.
The U.S. Supreme Court will soon decide on three pending petitions for certiorari involving questions of sexual orientation and transgender status as a subset of unlawful “sex” discrimination. Allison Oasis Kahn of Carlton Fields examines how the court's involvement could affect the administration’s push to narrow LGBTQ protections.
Next month the Seventh Circuit will hear arguments addressing whether the IRS has an unlimited period of time to assess penalties against alleged promoters of abusive tax shelters. Skadden attorneys, who filed an amicus brief on behalf of the American College of Tax Counsel, review the arguments on both sides of this pivotal case.
The Judicial Panel on Multidistrict Litigation is best known for its handling of MDLs, but it has another important role. When challenges to federal agency action are made in multiple courts of appeal, the panel is responsible for consolidating them into a single circuit, says Alan Rothman of Arnold & Porter.
Permitting jurors to submit written questions, or even to pose questions orally to witnesses on the stand, advances several important goals and promotes both fairness and efficiency, says Matthew Wright of McCarter & English LLP.
Following the First Circuit's decision last month in the Asacol antitrust litigation, some predicted the end of the Rule 23 class action process. While there is much of interest in the opinion, early comments overstated the court’s concerns and views, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.
The California Supreme Court's recent decision in Sheppard Mullin v. J-M Manufacturing has cast doubt on arbitration clauses in attorney engagement agreements, jeopardizing the efficient resolution of malpractice claims and fee disputes, say Sharon Ben-Shahar Mayer and Mark Drooks of Bird Marella Boxer Wolpert Nessim Drooks Lincenberg & Rhow PC.
With its recent decision in Fred Zuckerman v. Matthew G. Bevin, the Kentucky Supreme Court upheld the constitutionality of the state right-to-work law passed in 2017. David Miller of Bryant Miller Olive PA discusses the implications for unions, especially in light of the U.S. Supreme Court's Janus decision.
Attorneys at Albert Einstein College of Medicine, Perkins Coie LLP and the Healthcare Association of New York State reflect on lessons they learned the hard way when transitioning to in-house counsel positions.
The Illinois Legislature was at the forefront of protecting biometric information from unauthorized disclosure. A decade later, the exact scope of the Illinois Biometric Information Privacy Act is about to be decided by the state high court in Rosenbach v. Six Flags, says Richard Darke of Duane Morris LLP.
When can a party appeal an inter partes review loss? Three recent Federal Circuit decisions set parameters on when an allegedly infringing product is close enough to market to give rise to standing, and two pending appeals will further clarify matters, says Craig Countryman of Fish & Richardson PC.