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.
A split Eighth Circuit panel on Thursday affirmed a Board of Immigration Appeals ruling that reversed an immigration judge’s decision to allow a Mexican native who pled guilty to sexually abusing two minors to avoid deportation and adjust his legal status.
The Second Circuit on Thursday affirmed a 240-month sentence for a man convicted of plotting with the Islamic State group to attack people at Merchant’s Grill in Rochester, New York, slapping down his “meritless” bid for a lower sentence despite his claims of being mentally ill.
The Dallas Morning News asked the Texas Supreme Court on Thursday to dismiss a Fort Worth pharmacist's defamation claim, arguing that he couldn't prove that the newspaper's reporting that his business was under federal investigation was substantially false.
Verizon subsidiary Oath Holdings Inc. can defend a patent suit over advertisement technology in Delaware, a New York federal judge has ruled, following the Federal Circuit’s decision that the judge failed to follow its decision that TC Heartland was a change in the law.
Two Massachusetts small businesses have urged the U.S. Supreme Court to take up their challenge to a state ban on corporate contributions to political campaigns, calling the law “unfair” since the prohibition doesn’t extend to labor union contributions.
The Federal Circuit on Thursday refused to revive an Acacia Research Corp. unit’s video compression patent that had been successfully challenged by HTC Corp., leaving in place the Patent Trial and Appeal Board’s decision that the patent is invalid.
Tiffany & Co. has failed to shake a 2013 arbitration award worth 403 million Swiss francs ($450 million at the time) issued against it in a dispute with The Swatch Group Ltd. over a soured distribution deal, with the Dutch Supreme Court rejecting the jewelry company’s efforts to annul the award.
The young plaintiffs who are accusing the federal government of acting to make climate change worse asked a Washington federal judge to revise her prior order staying the case and let pretrial proceedings including discovery move forward.
The U.S. Supreme Court appeared ready Thursday to reject a historic challenge to separate prosecutions by states and the federal government for the same offense, as both liberal and conservative justices expressed reservations about overturning “170 years” of precedent.
Pennsylvania's expansion and increase of taxes on fireworks sales did not violate the state Constitution, a commonwealth appeals court has found while striking portions of a law that regulated temporary structures used to sell fireworks.
A New York appeals court on Thursday ordered a man who obtained a personal injury settlement to repay a $77,000 cash advance funded by a litigation finance company, saying the 46 percent interest rate and other charges were not unfair or illegal.
The federal government has recommended that the U.S. Supreme Court reject a petition claiming Ute Indian Tribe officials tried to extort money from a business owner near the tribe’s reservation, saying there isn't any plain conflict in how state courts handle the question of when parties to litigation must exhaust their remedies in tribal court.
The Supreme Court of Pennsylvania refused to hear an environmental group’s allegations that a Sunoco Inc. unit abused its eminent domain power assembling land for the controversial Mariner East 2 natural gas pipeline, according to an order made public Thursday.
A D.C. Circuit panel appeared skeptical in oral arguments Thursday of the U.S. Department of Justice’s attempts to revive its challenge to AT&T’s Time Warner purchase, demanding numbers to back up economic theory and questioning whether a district judge’s factual findings crossed the line into clear, reversible error.
The U.S. Supreme Court's ruling that public nonunion employees are safe from paying so-called fair-share fees doesn't change the fact that a group of home health care workers can't challenge their union fees collection as a class, the Seventh Circuit held Thursday.
Three law firms representing Century 21 Real Estate Corp. franchisees in a class action against the company and its former parent must evenly split roughly $11.3 million in attorneys’ fees awarded in connection with a settlement in the case, a New Jersey appeals court ruled Thursday in nixing one firm’s bid for a larger share.
Gravitas Resources Corp. has asked a Texas appeals court to let it move forward with a claim for more than $100 million against a private equity firm it claims used confidential information about a 40,000-acre Utah oil and gas property to poach its opportunity to buy the energy assets.
A New Jersey appellate court Thursday revived a woman’s slip-and-fall suit against BJ’s Wholesale Club that was inadvertently dismissed and lay dormant for two years while her attorney dealt with health issues, ruling there’s no prejudice to the retailer in allowing the litigation to be reinstated.
The Federal Circuit on Thursday seemed wary of Allergan's claim that Teva Pharmaceuticals USA Inc. stepped on a patent for the ulcerative colitis drug Delzicol by making a generic in a gel capsule just like the branded medication.
The Eleventh Circuit on Thursday upheld a Williams Partners LP unit’s move to quickly access landowners’ property and build a pipeline, aligning itself with other circuits by agreeing that pipeline companies can be given immediate access to property after the Federal Energy Regulatory Commission greenlights the project.
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.
Following recent U.S. Supreme Court oral arguments in Lamps Plus v. Frank Varela, the Ninth Circuit’s decision in the case appears to be facing an uphill battle to uphold the authorization of class arbitration, say Adam Primm and Peter Kirsanow of Benesch Friedlander Coplan & Aronoff LLP.
Both analyses offered by the Ninth Circuit in Regents of the University of California v. U.S. Department of Homeland Security — upholding the Deferred Action for Childhood Arrivals program — are flawed. The rescission of DACA, while politically controversial, is lawful, says Steven Gordon of Holland & Knight LLP.
The Second Circuit's decision this month in Universal Church v. Toellner appears to threaten trademark protection routinely afforded to nonprofits and businesses for marks that have established secondary meaning from common or historical terms, says Paul Tarr, head of the appellate practice at Lester Schwab Katz & Dwyer LLP.
In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Katie DeBord, chief innovation officer at Bryan Cave Leighton Paisner LLP.
The U.S. Food and Drug Administration is expediting the Section 510(k) approval process for Class II medical devices, while courts are accepting the argument that 510(k) approval signifies safety and effectiveness — with implications for punitive damages awards, say Caitlin McHugh and Matthew Smith of Drinker Biddle & Reath LLP.
The Federal Circuit has explained that patent descriptions do not require any particular form of disclosure. However, the court's recent decision in FWP IP v. Biogen points to a heightened scrutiny of descriptions when an applicant amends or adds new claims to cover a competitor’s activities, say Martin Pavane and Darren Mogil of Cozen O’Connor.
Despite the Florida Supreme Court’s consistency with 80 years of precedent in its latest bad faith ruling, Harvey v. Geico, the dissenting opinions — and recent commentary — predict that “mere negligence has now become bad faith” and warn of fabricated claims and market chaos. Stephen Marino and Benjamin Hassebrock of Ver Ploeg & Lumpkin PA disagree.
Based on last week's U.S. Supreme Court oral arguments in Virginia Uranium v. Warren, it appears the court will reject the Fourth Circuit’s reasoning that Virginia’s purpose is irrelevant to the question of whether the state's ban on mining is preempted by the Atomic Energy Act, says Michael Murphy of Gibson Dunn & Crutcher LLP.
An Illinois state appeals court's recent decision in Sekura v. Krishna Schaumburg Tan appears to break from multiple Biometric Information Privacy Act cases that had required plaintiffs to allege some harm beyond mere technical violations to qualify as “aggrieved,” say attorneys with Faegre Baker Daniels LLP.
With few cases going to trial, many attorneys keep their oral-presentation skills sharp by teaching continuing legal education programs. To avoid giving a CLE that falls flat and damages your reputation, you must fashion a thoughtful message, control its presentation, and nail the beginning and ending, says Daniel Karon of Karon LLC.