A watchdog group has continued to urge the U.S. Supreme Court to grant its petition and revive its challenge to a California tribe’s proposed casino, claiming that the project would not have a minimal impact on the local area, as required under the Indian Gaming Regulatory Act.
President Donald Trump named Kirkland & Ellis LLP attorney William Barr as his pick to replace former Attorney General Jeff Sessions Friday, setting Barr up to reprise the role he served under late President George H.W. Bush.
Attorneys for Intellectual Ventures LLC and JPMorgan Chase & Co. debated a claim of IV's cybersecurity software patent before a Federal Circuit panel Thursday, including offering dueling interpretations of the word "and."
A man who was fired from a LyondellBasell refinery after what he alleges was a false positive test for cocaine cannot revive his lawsuit against the company claiming its negligence caused the result, a Texas appellate court held Thursday.
The Fifth Circuit on Thursday revived a suit accusing an Alcoa Corp. unit of negligently causing an aluminum plant worker’s chemical burns, saying the case belongs in Texas state court.
An Eighth Circuit panel upheld a win for Procter & Gamble in a former employee's disability suit Thursday, ruling a Missouri federal judge correctly decided P&G didn't abuse its discretion by switching the worker from total to partial disability benefits a year after his gallbladder surgery.
Disbarred high-profile Miami plaintiffs attorney Jeremy Alters asked the Florida Supreme Court Wednesday to reconsider his disbarment, arguing that in overturning the referee’s report — which had recommended no further discipline — the court improperly engaged in fact-finding.
California Assemblywoman Melissa Melendez has announced proposed legislation that would loosen the criteria employers use to classify workers as independent contractors, undoing the state Supreme Court’s landmark Dynamex decision from earlier this year.
The Eighth Circuit on Thursday affirmed the dismissal of an oil services company's case against an insurer over underlying $23 million unfair-competition claims, saying a lower court was right that coverage was not available.
The Florida Supreme Court on Thursday denied R.J. Reynolds Tobacco Co. and Crane Co.’s bids for a do-over of a closely watched October ruling in which it reinstated an $8 million verdict against the pair and refused to adopt stricter federal standards for the admittance of expert testimony.
The Eighth Circuit on Thursday upheld a lower court’s order certifying a class of Arkansas homeowners who say State Farm illegally deducted “labor depreciation” from their home insurance payouts, finding that class treatment is warranted because the plaintiffs’ claims revolve around a common legal question.
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.
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.
In a series of exclusive interviews with Law360, current and former Supreme Court justices discussed topics as varied as the president’s wartime powers, their own decision-making process, the confirmation of the court’s newest member, and the void left by the death of Justice Antonin Scalia.
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.
Since the oldest members of Generation Z aren’t even finished with law school yet, law firm management is in a unique position to prepare for their entrance into the legal workforce, says Eliza Stoker of Major Lindsey & Africa.
In AMN Healthcare v. Aya Healthcare Services, a California appellate court recently held that employee nonsolicitation agreements are void unless they fall within one of three statutory exceptions, clearing up uncertainty about their enforceability in the state, say Dylan Wiseman and Alexandra Grayner at Buchalter PC.
The U.S. Supreme Court's review of Merck v. Albrecht promises to shape the way decisions of regulatory agencies — such as the U.S. Food and Drug Administration’s rejection of a drug manufacturer’s proposed label warning — can be interpreted by juries, say Alan Klein and Matthew Decker at Duane Morris LLP.
Randy Maniloff begins his interview with the nation’s second secretary of homeland security by saying he wants to go over his resume. The look on Michael Chertoff's face: “Bring it on.”
Pharmaceutical warnings and the way they are regulated and litigated are evolving. Brand-name manufacturers face failure-to-warn suits for generic versions of their products, while generic companies may soon have to update warnings on drugs for which there are no longer brand-name versions, say Chris Essig and Schuyler Ferguson of Winston & Strawn LLP.