Appellate

  • May 14, 2025

    Mich. City Seeks Immunity From Great Lakes Drowning Suit

    The lakeside city of South Haven, Michigan, told a state appeals court panel on Wednesday that it does not operate its beaches primarily for profit, meaning it is entitled to governmental immunity and should be released from a drowning victim's lawsuit.

  • May 14, 2025

    Judge Orders Boeing To Share Disclosures, Allow Depositions

    A Virginia federal judge has said Boeing must share disclosures about its "false-stamping" of aircraft testing with three state pension systems that accuse the company and its executives of putting profits over safety, and that some board members must sit for depositions.

  • May 14, 2025

    10th Circ. Wary Of Hemp Interests' Challenge To Wyoming Law

    A Tenth Circuit panel on Wednesday appeared skeptical that a Wyoming state law regulating hemp-derived intoxicating products was preempted by the federal law legalizing hemp nationwide.

  • May 14, 2025

    Judge Who Defended Remarks As 'Dad Jokes' Is Suspended

    The Florida Supreme Court on Wednesday suspended a state judge pending disposition of allegations that he made inappropriate jokes and comments while overseeing a criminal docket that he claimed were mostly inoffensive "dad jokes."

  • May 14, 2025

    Gibson Dunn Launches State Attorneys General Task Force

    Gibson Dunn & Crutcher LLP has created a state attorneys general task force made up of subject matter experts and former government attorneys based in offices across the country, in what the firm says is an effort to improve services for clients across a range of subject matters and industries.

  • May 14, 2025

    Judiciary To Share Pros, Cons Of AI For Courts With Congress

    The federal judiciary is looking at the benefits and drawbacks of artificial intelligence for the court system and will share its discoveries with Congress, top officials testified on Wednesday.

  • May 14, 2025

    Judge Beats Ex-Law Student's Suit At 11th Circ.

    The Eleventh Circuit on Wednesday largely upheld the dismissal of a suit from a former law student and federal prosecutors' intern accusing a Florida federal judge and government attorneys of ruining his job prospects, finding that the judge has immunity while the lawyers' acts were mostly part of their jobs.

  • May 14, 2025

    4th Circ. Blocks Staffing Workers' Class Cert. Appeal

    The Fourth Circuit will not take up an appeal of staffing firm employees challenging a North Carolina federal court's order denying a class certification bid in their minimum wage suit.

  • May 14, 2025

    DOJ Says No Hiring Private Counsel From Firms Suing US

    Deputy Attorney General Todd Blanche has issued a memo directing the U.S. Department of Justice to avoid engaging with firms that are suing the government over its policies or that represent clients in similar suits.

  • May 14, 2025

    Grassley Targets Universal Injunctions In Budget Negotiations

    Sen. Chuck Grassley, R-Iowa, chair of the Senate Judiciary Committee, is looking to address universal injunctions as part of the budget reconciliation process, Law360 has learned.

  • May 13, 2025

    Wells Fargo Asks 9th Circ. To Undo 'Sham' Hiring Class Cert.

    Wells Fargo has asked the Ninth Circuit to intervene and undo the class certification granted to investors who have claimed that the bank's alleged practice of conducting "sham" interviews to meet diversity quotas harmed the bank's stock price when the truth came to light.

  • May 13, 2025

    Asterisk Doesn't Save CVS In Sanitizer Row, 9th Circ. Told

    An attorney for a man suing CVS Pharmacy urged the Ninth Circuit on Tuesday to revive his claims alleging the company misled consumers with a promise its hand sanitizer kills 99.99% of germs, arguing the asterisk on the front label does not clear the company of wrongdoing despite a recent ruling from the circuit that gives significance to that type of asterisk. 

  • May 13, 2025

    Colo. Justice Iffy On Tossing Rulings In Securities Fraud Case

    A Colorado Supreme Court justice said he was a bit troubled that three decisions might be overturned if he accepts the state's argument that attorney advice isn't relevant to a securities fraud defendant's state of mind, musing that perhaps those previous courts "got it right."

  • May 13, 2025

    Ski Resort Owner Offers Alternative Fixes After Antitrust Loss

    A New York ski resort operator is offering alternative remedies for a state court to consider after it found the owner violated antitrust law by acquiring a rival ski operation and shutting it down, despite a call from enforcers for a sale of the property to another operator.

  • May 13, 2025

    Pa. Court Debates RGGI Membership Without Lawmakers' Nod

    The Pennsylvania Supreme Court on Tuesday weighed if a law empowering the state's environmental regulator equated to securing legislative approval to join a multistate Regional Greenhouse Gas Initiative, with the state justices noting Pennsylvania is the only member to join without lawmakers' blessing.

  • May 13, 2025

    Pa. Justices Question Ruling Over Verizon's Utility Pole Rents

    Some justices on Pennsylvania's Supreme Court questioned Tuesday whether the state's Public Utility Commission skipped steps in declaring that electrical utility FirstEnergy was charging Verizon "unjust and unreasonable" rates to rent space on utility poles, since the decision appeared to rest mainly on federal price limits the state had adopted.

  • May 13, 2025

    10th Circ. Wary Of Nixing $20M Fraud Award For Colo. Town

    The Tenth Circuit seemed poised Tuesday to affirm a $19.8 million verdict in favor of a Colorado city battling a software developer accused of misrepresenting the readiness of its integrated billing platform for fiberoptic broadband services, even as the contractor insisted the language in the agreement was transparent.

  • May 13, 2025

    The Man Who Ended Affirmative Action Is Just Getting Started

    Nearly two years after the U.S. Supreme Court struck down affirmative action in college admissions, the legal strategist who brought the landmark case is using the ruling in a bid to end race-based programs in the public and private sectors, bolstered by allies in the executive branch.

  • May 13, 2025

    Fox Nabs Smartmatic Bribery Probe Docs In Defamation Case

    A New York state appeals court on Tuesday ordered Smartmatic to give Fox News documents related to a federal investigation into allegations that executives of the election systems company bribed officials in the Philippines, ruling the materials are "plainly relevant" to the network's defense against defamation claims.

  • May 13, 2025

    3rd Circ. Upholds Most Of Boy Scouts' Ch. 11 Plan

    The Third Circuit upheld the bulk of the Boy Scouts of America's Chapter 11 plan to deal with thousands of childhood sex abuse claims, but agreed Tuesday with one objecting insurer that its rights were impermissibly altered under the plan.

  • May 13, 2025

    Cancer Centers Want Fed. Circ. To Rehear Antibody IP Fight

    The Dana-Farber Cancer Institute and Memorial Sloan-Kettering Cancer Center say the full Federal Circuit should review a decision rejecting Xencor's application for an antibody patent, arguing that the decision wrongly created a new precedent that could be harmful to other patents.

  • May 13, 2025

    1st Circ. Urged To Rule In Appeal Over Canceled HUD Grants

    Groups challenging Trump administration cuts to $30 million in housing grants asked the First Circuit to rule that a Massachusetts federal judge, in fact, has the power to order federal officials to fund the grants, even after the judge dissolved such a ruling in reaction to a recent U.S. Supreme Court finding.

  • May 13, 2025

    6th Circ. Clears Teacher To Fight Exclusion From Rehire List

    The Sixth Circuit breathed new life into a teacher's lawsuit claiming a Tennessee school district unlawfully failed to place her on a reemployment candidate list after it eliminated her position, saying a trial court took too narrow a view of whether omission from the list caused harm.

  • May 13, 2025

    11th Circ. Looks Open To Reviving Ga. Voter Intimidation Suit

    Eleventh Circuit judges scrutinizing a ruling that a conservative election monitoring group didn't intimidate Georgians when it challenged the voter registration of hundreds of thousands of citizens said Tuesday the district judge may have gotten it wrong, suggesting during oral arguments the group may have at least tried it.

  • May 13, 2025

    Climate NGOs Attack EPA Appeal In Funding Clawback Fight

    Climate investment groups asked the D.C. Circuit to affirm a district court ruling blocking the U.S. Environmental Protection Agency from clawing back billions of dollars disbursed to them under the Inflation Reduction Act, characterizing its actions as "textbook arbitrariness."

Expert Analysis

  • Series

    Improv Makes Me A Better Lawyer

    Author Photo

    Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.

  • How BigLaw Executive Orders May Affect Smaller Firms

    Author Photo

    Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.

  • Texas Case Shows Why Juries Are Well-Suited To COVID Suits

    Author Photo

    The original jury verdict in Baylor College of Medicine v. Lloyd's, currently on appeal to the Texas Supreme Court after being overturned by an appellate panel, illustrates why COVID-19 business interruption claims with their case-specific facts need to be decided by juries, not by judges using a one-size-fits-all approach, says Jeremy Lawrence at Farella Braun.

  • Filial Consortium Claims' Future After Conn. High Court Ruling

    Author Photo

    While the Connecticut Supreme Court recently ruled for defendants in rejecting parents’ attempt to recover loss of companionship damages in a severe child injury case, there is still potential for the plaintiffs bar to lobby for a law that would allow filial consortium claims, Glenn Coffin at Gordon Rees.

  • 4th Circ. Health Data Ruling Opens Door To State Law Claims

    Author Photo

    In Real Time Medical v. PointClickCare, the Fourth Circuit recently clarified that state law claims can rest in part on violations of a federal law that prohibits electronic health information blocking, expanding legal risks for health IT companies and potentially creating exposure to a range of competitive implications, say attorneys at BCLP.

  • Opinion

    Lawsuits Shouldn't Be Shadow Assets For Foreign Capital

    Author Photo

    Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • 2 Del. Rulings Reinforce Proof Needed For Records Demands

    Author Photo

    Two recent Delaware Court of Chancery decisions involving Amazon and Paramount Global illustrate the significance of the credible basis standard on books and records requests, underscoring that stockholders seeking to investigate wrongdoing must come forward with actual evidence of misconduct — not mere allegations, say attorneys at Cleary.

  • How To Accelerate Your Post-Attorney Career Transition

    Author Photo

    Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.

  • Series

    Law School's Missed Lessons: Be An Indispensable Associate

    Author Photo

    While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.

  • Series

    Birding Makes Me A Better Lawyer

    Author Photo

    Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.

  • Justices May Clarify What IP Competitors In Litigation Can Say

    Author Photo

    If the U.S. Supreme Court agrees to weigh in on Atturo Tire v. Toyo Tire, it may be able to provide guidance on the murky questions surrounding what companies enforcing their intellectual property against competitors are allowed to say in public, say attorneys at Ballard Spahr.

  • How Del. Law Rework Limits Corporate Records Requests

    Author Photo

    Newly enacted amendments to a section of the Delaware General Corporation Law that allows stockholders and beneficial owners to demand inspection of Delaware corporations' books and records likely curtails the scope of such inspections and aids defendants in framing motions to dismiss at the pleading stage, says Jonathan Richman at Brown Rudnick.

  • A Recurring Atty Fee Question Returns To Texas High Court

    Author Photo

    As the Texas Supreme Court is poised to decide if it will once again address — in Maciejack v. City of Oak Point — when a party must segregate attorney fees it seeks to recover, litigators would be wise to contemporaneously classify fees as either recoverable or unrecoverable, say attorneys at Munck Wilson.

  • Alien Enemies Act Case Could Reshape Executive Power

    Author Photo

    President Donald Trump’s invocation of the Alien Enemies Act to deport Venezuelan nationals raises fundamental questions about statutory interpretation, executive power and constitutional structure, which now lay on the U.S. Supreme Court's doorstep, says Mauni Jalali at Quinn Emanuel.

  • An Update On IPR Issue Preclusion In District Court Litigation

    Author Photo

    Two recent Federal Circuit rulings have resolved a district court split regarding issue preclusion based on Patent Trial and Appeal Board outcomes, potentially counseling petitioners in favor of challenging not only all the claims of an asserted patent, but also related patents that have not yet been raised in district court, say attorneys at Alston & Bird.

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!