Appellate

  • July 01, 2025

    No New Trial, But $10.5M Ga. MedMal Verdict Could Be Cut

    A Georgia OB-GYN practice that was hit with a $10.5 million verdict over the death of prematurely delivered twins was denied a shot at a new trial Tuesday by the Georgia Court of Appeals, but could get a chance to slash the judgment thanks to a recent Supreme Court of Georgia ruling.

  • July 01, 2025

    Unvaccinated Ex-Staffer Can Pursue Leaked Health Info Claims

    A Missouri appeals court on Tuesday revived a former hospital staffer's claims that her former employer failed to protect her medical records while she was a patient, leading to her coworkers finding out she was unvaccinated against the COVID-19 virus and them harassing her until she resigned.

  • July 01, 2025

    Mass. Justices Affirm Insurers Can Tap Workers' Comp Fund

    Insurers who have stopped writing workers' compensation policies but are still paying on older claims in Massachusetts are entitled to partial reimbursement from a state trust fund created to offset the higher costs of covering some individuals, because the money comes from employers rather than the insurers, the state's highest court concluded on Tuesday.

  • July 01, 2025

    Ga. Justices To Review $33M Verdict In Student Crash Death

    The Supreme Court of Georgia has agreed to review a state appellate court's decision that a metro Atlanta city must pay a $33 million verdict awarded to the parents of a college student who died after crashing into a roadside planter.

  • July 01, 2025

    US Attorney Picks Include Alina Habba And Senator's Son

    The president sent 14 U.S. attorney nominations to the Senate on Tuesday, including Alina Habba, the president's former counselor and personal attorney, for the District of New Jersey and Arch Moore Capito, the son of Sen. Shelley Moore Capito, R-W. Va., for the Southern District of West Virginia.

  • July 01, 2025

    Texas Law Shield Must Face Revived Client Solicitation Suit

    A Texas appeals court has revived an anti-barratry lawsuit accusing a legal organization that advises people hit with firearms-related actions of illegally and unethically marketing attorney services during a training session on active shooters in late 2022, finding that fact issues raised in the case had not been addressed.

  • July 01, 2025

    Pa. Leaders Split At 3rd Circ. Over Tossing Undated Votes

    A Third Circuit panel's uncertainty over Pennsylvania's rejection of undated mail-in ballots intensified Tuesday during an oral argument as top Keystone State officials took opposing sides about the constitutionality of the date requirement.

  • July 01, 2025

    Top Personal Injury, Med Mal News: 2025 Midyear Report

    A U.S. Supreme Court ruling over whether personal injury claims can be brought under a RICO statute and a $7.4 billion settlement reached with the Sackler family and Purdue Pharma are among Law360's top personal injury and medical malpractice cases from the first six months of 2025.

  • July 01, 2025

    4th Circ. Says Rig Worker Not A Party To Arbitration Pact

    A rig worker's limited liability company — but not the worker himself — is a party to an oil and gas company's arbitration agreement, the Fourth Circuit ruled Tuesday, rejecting the firm's bid to send the former employee's wage and hour suit to arbitration.

  • July 01, 2025

    7th Circ. Backs Walmart's 'Raw Honey' False Ad Dismissal Win

    A Walmart customer who accused the retail giant of falsely labeling processed honey as raw or organic "pled himself out of court" by acknowledging the product's higher chemical compound levels could have other obvious explanations beyond simply overheating, the Seventh Circuit said Tuesday.

  • July 01, 2025

    Proxy Firms Don't 'Solicit' Investor Votes, DC Circ. Rules

    A D.C. Circuit panel Tuesday ruled that proxy advisory firms do not "solicit" proxy votes, thus denying a manufacturing industry group's attempt to revive a U.S. Securities and Exchange Commission rule regulating those firms.

  • July 01, 2025

    2nd Circ. Scrubs $4M Wet Wipes Settlement Over Atty Fees

    The Second Circuit on Tuesday vacated a $4 million settlement agreement to end claims that wet wipes made by Kimberly-Clark Corp. are not flushable as advertised, saying the trial court didn't properly consider the allocation of recovery between class counsel and the class.

  • July 01, 2025

    Groups Urge Fed. Circ. To Stop USPTO Retroactive Denials

    Advocacy groups in the communications, automotive and technology fields have thrown their support behind Motorola's challenge of the U.S. Patent and Trademark Office's decision to retroactively apply a decision withdrawing earlier guidance on when the Patent Trial and Appeal Board should not review patent challenges.

  • July 01, 2025

    Fed. Circ. Won't Revisit Jepson Claim Ruling In Xencor IP Case

    The Federal Circuit won't rethink the U.S. Patent and Trademark Office's decision rejecting Xencor's application for an antibody patent that used the so-called Jepson claim format.

  • July 01, 2025

    Senate Passes Budget Bill, Rebuking National Injunctions

    The Senate voted 51-50 on Tuesday to pass the budget reconciliation bill, including various provisions that seek to greatly restrict the use of nationwide injunctions, which Republicans heavily criticized after district courts repeatedly stalled parts of President Donald Trump's agenda with the legal maneuver.

  • July 01, 2025

    ND, Tribes Spar Over High Court Order In 8th Circ. Voting Row

    Two Indigenous tribes and North Dakota's secretary of state are feuding in the Eighth Circuit about how much weight a recent U.S. Supreme Court ruling that found a Planned Parenthood patient doesn't have a private right to sue South Carolina carries over a bid to rehear a voting rights dispute.

  • June 30, 2025

    Fed. Circ. Faults PTAB Ax Of Patent On Bausch Eye Drops

    The Federal Circuit ruled Monday that the Patent Trial and Appeal Board wrongly invalidated all the claims of a patent that Bausch & Lomb licenses for its Lumify eye drops, saying the board used an incorrect claim construction when siding with generics maker Slayback Pharma.

  • June 30, 2025

    Trump Tariff Challenge Belongs In Trade Court, Groups Argue

    The America First Legal Foundation and Coalition for a Prosperous America on Monday backed the federal government in an appeal brought by toy makers challenging President Donald Trump's emergency tariffs, arguing that the lower court should've never issued an injunction because the dispute belongs in the U.S. Court of International Trade.

  • June 30, 2025

    9th Circ. Nixes Suit Against Allianz Over $6B Fraud Sentence

    A man can't bring securities fraud claims against Allianz SE after one of the German financial services giant's former businesses pled guilty to investment fund fraud and was ordered to pay roughly $6 billion, the Ninth Circuit ruled, finding he failed to sufficiently allege Allianz SE itself acted fraudulently.

  • June 30, 2025

    Detainees Say Alien Enemies Act Meant For 'Large Scale' War

    A group of Venezuelans facing deportation over accusations of gang affiliation told the Fifth Circuit on Monday that the nation's founders didn't intend for a rarely invoked 1798 law to be used for anything other than "large-scale" war.

  • June 30, 2025

    Supreme Court May Shape Future Of ISP Liability In Cox Case

    The U.S. Supreme Court's decision Monday to take on a $1 billion battle between major music publishers and Cox Communications Inc. could set new liability boundaries for internet service providers that have faced significant damages for allegedly not curbing users who repeatedly download songs illegally.

  • June 30, 2025

    NY Court Grants Man New Trial, Allows Affirmative Defense

    A man convicted of murder for his role in a robbery that left one victim dead should have been allowed to present evidence that he didn't know his codefendants were planning a crime when he drove them to the scene, a New York state appeals court said, granting him a new trial.

  • June 30, 2025

    DC Circ. Tosses Conn. LPTV Station's Licensing Challenge

    A D.C. Circuit panel rejected a Connecticut television licensee's challenge to the eligibility criteria used to determine which stations qualify for small-market protections provided under a federal law aimed at safeguarding local and rural broadcasting.

  • June 30, 2025

    Fed. Circ. Affirms Mixed PTAB Rulings On Computing IP

    The Federal Circuit on Monday backed the Patent Trial and Appeal Board's finding that Amazon was able to show a Swarm Technology computer processing patent was invalid but refused to throw out a separate patent.

  • June 30, 2025

    Texas Panel Says Suit Challenging Abortion Travel Is Unripe

    A split Texas appeals court panel found Monday that several anti-abortion groups lack standing to sue the city of San Antonio for allegedly earmarking money to pay for out-of-state abortion travel, saying the money had not gone out yet and the groups' claims were not ripe.

Expert Analysis

  • How To Accelerate Your Post-Attorney Career Transition

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.

  • Series

    Adapting To Private Practice: From DOJ Leadership To BigLaw

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    The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.

  • Fed. Circ. Ruling Reaffirms Listing Elements Separately Is Key

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    The Federal Circuit's decision last month in Regeneron v. Mylan reaffirms a critical principle in patent law: When a claim lists elements separately, the clear implication is that they are distinct elements, say attorneys at Taft.

  • Nev. Fraud Ruling Raises Stakes For Proxy Battles

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    Though a Nevada federal court’s recent U.S. v. Boruchowitz decision involved unusual facts, the court's ruling that board members can be defrauded of their seat through misrepresentations increases fraud risks in more typical circumstances involving board elections, especially proxy fights, say attorneys at ArentFox Schiff.

  • Law Firm Executive Orders Create A Legal Ethics Minefield

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    Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.

  • NLRB Firing May Need Justices' Input On Removal Power

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    President Donald Trump's unprecedented removal of National Labor Relations Board member Gwynne Wilcox spurred a lawsuit that is sure to be closely watched, as it may cause the U.S. Supreme Court to reexamine a 1935 precedent that has limited the president's removal powers, say attorneys at Kelley Drye.

  • Firms Must Embrace Alternative Billing Models Or Fall Behind

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    As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.

  • Risks Of Today's Proffer Agreements May Outweigh Benefits

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    Modern-day proffer agreements offer fewer protections to individuals as U.S. attorney's offices take different approaches to information-sharing, so counsel must consider pushing for provisions in such agreements that bar the prosecuting office from sharing information with nonparty government agencies, say attorneys at Lankler Siffert & Wohl.

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