Appellate

  • May 09, 2025

    9th Circ. Pins SEC Legal Expenses On Recycler, Not Insurer

    The Ninth Circuit affirmed Friday that a Nevada appliance recycler had no coverage for more than $1.3 million in costs associated with a U.S. Securities and Exchange Commission fraud case against it, finding that regardless of which state law applied, the result was unchanged.

  • May 09, 2025

    Munger Tolles, Hogan Lovells Alums Tapped For Calif. Bench

    Alumni of Hogan Lovells, Munger Tolles & Olson LLP and Weil Gotshal & Manges LLP as well as multiple public defenders are among the latest judicial picks by California Gov. Gavin Newsom to fill three state appellate court vacancies and a dozen trial court seats in the Golden State.

  • May 09, 2025

    NJ Panel Backs $78M Sports Complex Contract Award

    A New Jersey appellate panel rejected a bidder's challenge to the awarding of a $78 million construction contract for a sports complex in a Middlesex County park, saying the proposal with the lowest price met the requirements in the bid specifications.

  • May 09, 2025

    No Immunity For Fla. Cop Who Choked Driver, 11th Circ. Says

    The Eleventh Circuit has ruled that a Florida police officer who allegedly choked and beat a compliant and subdued driver during a traffic stop is not entitled to qualified immunity on the driver's Fourth Amendment claims.

  • May 09, 2025

    6th Circ. Ruling Shows Toughening On ERISA Fiduciary Suits

    A recent Sixth Circuit decision that backed the dismissal of a proposed class action against an auto parts maker demonstrates how appellate courts are raising the bar for cases alleging breaches of fiduciary duty under federal benefits law, experts say.

  • May 09, 2025

    Columbia Student Protester Is Free For Now, 2nd Circ. Says

    The Second Circuit on Friday said Columbia University student Mohsen Mahdawi, arrested by immigration officials for his pro-Palestinian activism, can remain free as he fights an attempt to put him back behind bars amid deportation proceedings in Louisiana.

  • May 09, 2025

    Texas, Google Working To Settle Incognito Mode Suit

    The Texas Supreme Court placed the state's appeal of its loss in a deceptive trade practices suit against Google on hold Friday to allow the parties to negotiate a settlement.

  • May 09, 2025

    Texas Supreme Court Won't Review 'Love Is Blind' Case

    The Texas Supreme Court has once again declined to take up a dispute between the producers behind the Netflix reality series "Love Is Blind" and a former contestant who claims she was imprisoned after a fellow contestant sexually assaulted her.

  • May 09, 2025

    Souter's Clerks Remember Him As Humble, Kind And Caring

    Former clerks of retired U.S. Supreme Court Justice David H. Souter are heartbroken over the death Thursday of a man many of them remember more for his conscientiousness, humility, kindness and disdain for the spotlight than for his undeniable brilliance as a jurist.

  • May 09, 2025

    Group Urges Justices To Uphold Protections For Venezuelans

    The National TPS Alliance urged the U.S. Supreme Court to let be a nationwide injunction blocking the Trump administration from repealing temporary protected status for Venezuelans, saying U.S. Department of Homeland Security Secretary Kristi Noem's vacatur contravened the TPS statute.

  • May 09, 2025

    Hold My Gavel: Epic NC Top Court Seat Battle Broke Ground

    North Carolina had already cemented itself as the nationwide leader in judicial election result recounts by the time an appellate judge squared off against a state Supreme Court incumbent last year, but experts suspect the epic legal battle that followed the vote may have set another record.

  • May 09, 2025

    Off The Bench: Latest NIL Deal Fix, More WWE Court Troubles

    In this week's Off The Bench, the NCAA tries again to get its multibillion-dollar compensation settlement approved, two sets of accusers draw Vince McMahon's history of misconduct at the WWE into their complaints, and the men's tennis tour was ordered to stop threatening players over joining an antitrust suit.

  • May 09, 2025

    Hiker And 'Raconteur': Atty Recalls 50-Year Bond With Souter

    Behind a towering legal legacy was a man who loved to hike mountains, could recall details of things he read decades ago and was always there for those he cared about, a New Hampshire attorney said as he reflected on a lifelong friendship with U.S. Supreme Court Justice David Souter.

  • May 09, 2025

    Ex-DOJ Attorney Joins Appellate Firm In New DC Office

    A former U.S. Supreme Court clerk with years of government appellate experience has left the U.S. Department of Justice to work for San Francisco-based appellate boutique Complex Appellate Litigation Group LLP in its new Washington, D.C., office, the firm announced this week.

  • May 09, 2025

    Split Texas High Court Nixes Barratry Claims Against Attys

    A split Texas Supreme Court said Friday that anti-solicitation claims fail against Texas lawyers who allegedly used "case runners" to pursue car accident clients in Arkansas and Louisiana because the conduct occurred outside the Lone Star State.

  • May 09, 2025

    A Look At David Souter's Most Significant Opinions

    The retired Justice David Souter defied simple definition, viewed as a staunch conservative until he co-wrote an opinion upholding abortion rights in 1992. He did not hew to partisan lines, but reshaped the civil litigation landscape and took an unexpected stand in an extraordinarily close presidential election.

  • May 09, 2025

    Insurers Urge 1st Circ. To Undo Oil Co. Coverage Ruling

    Insurers for a heating oil company asked the First Circuit to reverse a decision forcing them to defend the company and several executives in a class action alleging damage caused by fuel containing elevated levels of biodiesel, saying the company's "purposeful business choices" do not constitute an occurrence.

  • May 09, 2025

    NJ Panel Nixes Debt Adjustment Law's Limited Atty Exemption

    The New Jersey state appeals court on Friday ruled that provisions of a state law exposing attorneys representing clients in debt adjustment proceedings to possible civil penalties or criminal charges is unconstitutional and "impermissibly vague."

  • May 09, 2025

    Interior Dept. Says $2.8M Drilling Royalty Order Is Lawful

    The U.S. Department of the Interior said that a lower court correctly affirmed a $2.8 million drilling royalty order issued to Devon Energy Corp., telling the Tenth Circuit that there's no merit to the company's arguments that the order is flawed.

  • May 09, 2025

    Tufts Student Wins Bail As Judge Cites Free-Speech Concerns

    A Vermont federal judge on Friday ordered the immediate release of a Tufts University doctoral student taken into custody outside her home in March by Immigration and Customs Enforcement, saying Rümeysa Öztürk had raised "very substantial claims of due process and First Amendment violations" by the government.

  • May 09, 2025

    Justice Souter Was An Unexpected Force Of Moderation

    Justice David Souter, who saw the high court as a moderating force apart from the messiness of politics, subverted the expectations of liberals and conservatives alike during his 19 years on the bench.

  • May 09, 2025

    Retired Supreme Court Justice David Souter Dies At 85

    Retired Justice David H. Souter, who served on the U.S. Supreme Court from 1990 to 2009, has died at 85, the court announced Friday. 

  • May 08, 2025

    5th Circ. Wipes Out Southwest Attys' Religious Training Order

    The Fifth Circuit on Thursday held that a lower court overstepped by ordering several in-house Southwest Airlines attorneys to undergo "religious liberty training" following a flight attendant's win in a wrongful termination suit, finding that the training wouldn't benefit the flight attendant or persuade Southwest to comply with an earlier order.

  • May 08, 2025

    Law360's Guide To Trump's Judicial Picks

    During his first term, Trump got 234 lifetime judges confirmed. Here Law360 looks at the vacancies, appointments and confirmations of the federal judiciary as Trump attempts to further shape the courts.

  • May 08, 2025

    11th Circ. Told Fla. Voter 'Wet Ink Signature' Rule Isn't Legal

    Multiple nonprofit organizations urged the Eleventh Circuit on Thursday to reinstate their challenge to Florida's rule requiring a "wet ink signature" on voter registration applications, saying the rule violates federal law and isn't useful in determining who's eligible to cast a ballot.

Expert Analysis

  • AT&T Decision May Establish Framework To Block FCC Fines

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    The Fifth Circuit's recent decision in AT&T v. FCC upends the commission's authority to impose certain civil penalties, reinforcing constitutional safeguards against administrative overreach, and opening avenues for telecommunications and technology providers to challenge forfeiture orders, say attorneys at HWG.

  • Series

    Playing Guitar Makes Me A Better Lawyer

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    Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.

  • Crisis Management Lessons From The Parenting Playbook

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    The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.

  • High Court's Ruling May Not Stop Ghost Gun Makers

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    In Bondi v. VanDerStok, a majority of the U.S. Supreme Court ruled that the Gun Control Act applies to untraceable "ghost gun" kits under certain circumstances — but companies that produce these kits may still be able to use creative regulatory workarounds to evade government oversight, says Samuel Bassett at Minton Bassett.

  • Justices' Labcorp Questions Explore Class Cert. Tensions

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    At the recent oral argument before the U.S. Supreme Court in Laboratory Corporation of America Holdings v. Davis, the justices' questioning highlighted a fundamental tension between constitutional standing requirements, the procedural framework of Rule 23, and the practical challenges of managing large, diverse classes in complex litigation, say attorneys at Winston & Strawn.

  • Immunity Waiver Ruling A Setback For Ch. 7 Trustees

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    While governmental units should welcome the U.S. Supreme Court's recent decision in U.S. v. Miller restricting the reach of the Bankruptcy Code's sovereign immunity waiver, Chapter 7 trustees now have a limited ability to maximize bankruptcy estates, says Dan Prieto at Jones Day.

  • Wash. Justices' Moonlight Ruling Should Caution Employers

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    The Washington Supreme Court's recent decision in David v. Freedom Vans, which limited when employers can restrict low-wage workers from moonlighting, underscores the need for employers to narrowly tailor restrictive covenants, ensuring that they are reasonable and allow for workforce mobility, say attorneys at Perkins Coie.

  • What To Watch For As High Court Mulls NRC's Powers

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    If successful, Texas’ challenges to the U.S. Nuclear Regulatory Commission’s authority — recently heard by the U.S. Supreme Court and currently pending before a Texas federal court — may have serious adverse consequences for aspiring NRC licensees, including potential nuclear power plant operators, say attorneys at Haynes Boone.

  • Series

    Adapting To Private Practice: From NY Fed To BigLaw

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    While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.

  • Calif. Smoke Claim Ruling Gives Insurers Support On Denials

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    Far from being an outlier among ash, soot and smoke coverage cases, a California appellate court's recent opinion in Gharibian v. Wawanesa General Insurance reinforces the principle that policyholders must establish entitlement to coverage as a threshold matter, while supporting denials of coverage for meritless claims, says Kyle Espinola at Zelle.

  • Cos. Face Enviro Justice Tug-Of-War Between States, Feds

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    The second Trump administration's sweeping elimination of environmental justice policies, programs and funding, and targeting of state-level EJ initiatives, creates difficult questions for companies on how best to avoid friction with federal policy, navigate state compliance obligations and maintain important stakeholder relationships with communities, say attorneys at Arnold & Porter.

  • Top 3 Litigation Finance Deal-Killers, And How To Avoid Them

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    Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.

  • 5th Circ. Ruling Is Latest Signal Of Shaky Qui Tam Landscape

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    In his recent concurring opinion in U.S. v. Peripheral Vascular Associates, a Fifth Circuit judge joined a growing list of jurists suggesting that the False Claims Act's whistleblower provisions are unconstitutional, underscoring that acceptance of qui tam relators can no longer be taken for granted, say attorneys at Miller & Chevalier.

  • How Attys Can Use A Therapy Model To Help Triggered Clients

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    Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.

  • Tracking The Evolution Of Liability Management Exercises

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    As liability management exercises face increasing legal scrutiny, understanding the history of these debt restructuring tools can help explain how the playbook keeps adapting — and why the next move is always just one ruling or transaction away, say attorneys at Weil.

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