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Appellate
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October 07, 2025
Vape Cos. And Sellers Urge 4th Circ. To Block NC Regulation
A group of vaping interests is defending its bid to block enforcement of a new North Carolina law regulating the sale of e-cigarettes, saying the state is wrong to argue that the law is not preempted by federal law.
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October 06, 2025
Supreme Court Won't Review Russian Bank Jet Crash Suit
The U.S. Supreme Court on Monday declined to undo a precedential Second Circuit decision finding that Sberbank of Russia must face Anti-Terrorism Act litigation related to the 2014 downing of a commercial airliner over eastern Ukraine, rejecting the bank's argument it is entitled to sovereign immunity.
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October 06, 2025
High Court Declines Challenge To Ore. Secret Recording Ban
The U.S. Supreme Court on Monday refused to take up conservative media group Project Veritas' First Amendment challenge to an Oregon law prohibiting secret audio recordings of people's conversations, leaving in place a Ninth Circuit ruling upholding the measure.
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October 06, 2025
Justices Pressed To Overturn TM Denial Of Dark Green Gloves
Surgical glove manufacturer PT Medisafe Technologies has asked the U.S. Supreme Court to wipe out a precedential Federal Circuit decision rejecting the company's attempt to claim a trademark for dark green surgical gloves, arguing that "thousands of such marks" have been registered.
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October 06, 2025
IP Notebook: Miss Cleo, Political Slogans, Reggaeton Clash
The latest edition of Law360's look at emerging copyright and trademark issues features a case where a judge injected some humor into dismissing a complaint involving a TV psychic who became known for her infomercials, as well as a sanctions request in a heated conflict over the birth of reggaeton.
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October 06, 2025
6th Circ. Backs Termination Of Fire Chief Accused Of Threats
The Sixth Circuit declined on Monday to revive a former paper mill fire chief's suit alleging his union representative refused in bad faith to contest his termination for allegedly threatening coworkers, finding the representative made his decision after getting reports from officials that the appellant's colleagues felt unsafe around him.
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October 06, 2025
Justices Wary Of Hard Rules On Recess Testimony Talks
The U.S. Supreme Court appeared reluctant Monday to rule that the Sixth Amendment allows defense counsel to freely discuss defendants' testimony with them during an intervening overnight recess, with justices questioning which topics should be off limits and which should not.
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October 06, 2025
2nd Circ. Revives Investors' Green Infrastructure Co. Suit
The Second Circuit on Monday revived a proposed class action against defunct green infrastructure firm Abengoa SA, ruling that details from Spanish criminal proceedings against the firm could be used to claim that the company had defrauded its U.S.-based investors.
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October 06, 2025
Justices Hint At Barring Del. Med Mal Law In Federal Court
The U.S. Supreme Court on Monday appeared to side with a retired attorney's position that a Delaware medical malpractice statute clashes with federal rules of procedure and is therefore unenforceable in federal court, with several justices saying the law appears to be an improper procedural requirement.
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October 06, 2025
Justices Urged To Leave Trans Passport Ban On Ice
Two classes of transgender and nonbinary people urged the U.S. Supreme Court on Monday to reject the Trump administration's bid to lift a nationwide order that requires it to continue issuing passports that reflect the holders' gender identity, saying the proposed policy change is a textbook example of an unreasoned decision.
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October 06, 2025
Conn. Judges Unsure Why Court Called IVF A Sexual Act
Connecticut appellate judges expressed some doubt Monday that a fertility doctor accused of impregnating two in vitro fertilization patients with his own sperm had committed sexual misconduct that disqualifies him from insurance coverage of a civil suit brought by his alleged children.
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October 06, 2025
Fed. Circ. Examines $41.8M Seagen Cancer Drug Patent Case
With a $41.8 million infringement verdict against Daiichi Sankyo at stake, a Federal Circuit panel Monday grappled with whether a Seagen breast cancer treatment patent adequately described the claimed invention and would enable a skilled person to use it.
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October 06, 2025
2nd Circ. Declines To Reconsider NFL Arbitration Decision
The Second Circuit on Monday declined the NFL's request to reconsider its finding that the league offers arbitration "in name only" and that it cannot force fired Miami Dolphins head coach Brian Flores to arbitrate his racial discrimination claims.
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October 06, 2025
DC Circ. Grills Feds Over Expedited Removal Procedures
A D.C. Circuit judge on Monday pressed the government about the procedures in place for ensuring noncitizens who are ineligible for expedited removal aren't deported, noting a dearth of evidence about their sufficiency.
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October 06, 2025
Justices Won't Review SC School District's Arbitration Fight
The U.S. Supreme Court on Monday declined to review a Fourth Circuit decision reviving an insurer's bid for arbitration in a South Carolina school district's suit claiming its former chief financial officer steered unnecessary and expensive insurance contracts in exchange for bribes.
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October 06, 2025
Full 11th Circ. Told To Rehear Sentence In Armed Career Case
The Eleventh Circuit was asked to rehear a decision upholding a 15-year prison sentence for a man who claims an enhancement to a federal firearms conviction violates his rights under the equal protection clause of the Constitution.
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October 06, 2025
Justices Won't Hear Challenge To Mich. Claims Court
The U.S. Supreme Court declined Monday to take up a challenge to the structure of Michigan's trial-level court for claims against the state, which is staffed by judges of the state's intermediate appellate court.
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October 06, 2025
6th Circ. Backs Firing Over Graffiti, Rejects Bias Claims
The Sixth Circuit on Monday upheld the dismissal of a fired delivery driver's claim that his employer used allegations he painted crass graffiti on trusses as a facade to let him go for making a disability claim, finding no strong link between his workers' compensation request and his later termination.
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October 06, 2025
Fed. Circ. Vacates J&J's $20M Loss Over Patent Ownership
The Federal Circuit freed Johnson & Johnson subsidiary DePuy Synthes from a $20 million infringement verdict on Monday, saying the orthopedic surgeon suing it didn't own the asserted knee replacement patents.
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October 06, 2025
9th Circ. Says Court Overstepped On Using Fugitive Doctrine
The Ninth Circuit has given a French father another shot at challenging an active contempt of court warrant arising from a bitter custody battle in Oregon, ruling that despite being a fugitive in the U.S., he still has standing to sue his ex-wife for custody of their children.
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October 06, 2025
Supreme Court Isn't Pausing Google Play Store Order
The U.S. Supreme Court refused on Monday to pause a sweeping injunction requiring Google to change its app store policies in a case being brought by Epic Games Inc., after the tech giant argued that the changes threaten the security and privacy of Android users.
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October 06, 2025
Supreme Court Won't Look At FTC's Telemarketing Rule
The U.S. Supreme Court on Monday declined to hear a challenge to the way the Federal Communications Commission defines an outbound sales call, denying a certiorari petition from two sales companies challenging their liability for dialing numbers on the Do Not Call Registry because they weren't selling anything.
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October 06, 2025
Womble Bond Atty Tells 4th Circ. He Didn't Mislead Dutch Court
There's no evidence that Womble Bond Dickinson partner Pressly Millen misled a Dutch court or violated a federal judge's correction order in a $28 million trademark dispute, Millen has told the Fourth Circuit in a bid to reverse a contempt order against him.
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October 06, 2025
Justices Nix Petition Over Due Process In Arbitration
The U.S. Supreme Court on Monday turned away a petition challenging a Florida appellate court decision that vacated a $1.5 million legal malpractice arbitration award against a company's former attorneys, Miami-based personal injury firm Ferraro Law Firm PA.
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October 06, 2025
Justices Deny Cert. In Uber Wrongful Death, Sex Assault Suits
The U.S. Supreme Court Monday denied Uber's petition for review of two Ninth Circuit rulings holding it had a duty of care, one in a wrongful death case brought by a murdered driver's family and the other from a woman who was sexually assaulted by a suspended driver.
Expert Analysis
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In NRC Ruling, Justices Affirm Hearing Process Still Matters
The U.S. Supreme Court's decision in Nuclear Regulatory Commission v. Texas safeguards the fairness, clarity and predictability of the regulatory system by affirming that to challenge an agency's decision in court, litigants must first meaningfully participate in the hearing process that Congress and the agency have established, says Jonathan Rund at the Nuclear Energy Institute.
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What Baseball Can Teach Criminal Attys About Rule Of Lenity
Judges tend to assess ambiguous criminal laws not unlike how baseball umpires approach checked swings, so defense attorneys should consider how to best frame their arguments to maximize courts' willingness to invoke the rule of lenity, wherein a tie goes to the defendant, says Jonathan Porter at Husch Blackwell.
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Tips For Litigating Apex Doctrine Disputes Amid Controversy
Litigants once took for granted that deposition requests of high-ranking corporate officers required a greater showing of need than for lower-level witnesses, but the apex doctrine has proven controversial in recent years, and fights over such depositions will be won by creative lawyers adapting their arguments to this particular moment, say attorneys at Hangley Aronchick.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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9th Circ. Ruling Is Turning Point For Private Funds In 401(k)s
The Ninth Circuit's decision in Anderson v. Intel reinforces that the Employee Retirement Income Security Act's duty of prudence permits fiduciaries to use private market assets in diversified funds, yet it also exposes the persistent litigation and regulatory uncertainties that continue to temper wider adoption in 401(k) plans, say attorneys at Debevoise.
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Perspectives
Justices' Sentencing Ruling Is More Of A Ripple Than A Wave
The U.S. Supreme Court’s decision last week in Esteras v. U.S., limiting the factors that lower courts may consider in imposing prison sentences for supervised release violations, is symbolically important, but its real-world impact will likely be muted for several reasons, say attorneys at Perkins Coie.
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DOJ Atty Firing Highlights Tension Between 2 Ethical Duties
The U.S. Department of Justice's recent firing of a prosecutor-turned-whistleblower involved in the Abrego Garcia v. Noem case illustrates the tricky balancing act between zealous client advocacy and a lawyer’s duty of candor to the court, which many clients fail to appreciate, says David Atkins at Yale Law School.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Trade In Limbo: The Legal Storm Reshaping Trump's Tariffs
In the final days of May, decisions in two significant court actions upended the tariff and trade landscape, so until the U.S. Supreme Court rules, businesses and supply chains should expect tariffs to remain in place, and for the Trump administration to continue pursuing and enforcing all available trade policies, say attorneys at Ice Miller.
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Shareholder Takeaways From NY Internal Affairs Doctrine Suit
A May New York Court of Appeals decision in Ezrasons v. Rudd involving Barclays — affirming the state's "firmly entrenched" internal affairs doctrine — is a win for all corporate stakeholders seeking stability in resolving disputes between shareholders and directors and officers, say attorneys at Sadis & Goldberg.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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3 Rulings May Reveal Next Frontier Of Gov't Contract Cases
Several U.S. Supreme Court decisions over the past year — involving wire fraud, gratuities and obstruction — offer wide-ranging and arguably conflicting takeaways for government contractors that are especially relevant given the Trump administration’s focus on diversity, equity and inclusion initiatives, say attorneys at Rogers Joseph.
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NCAA Settlement Kicks Off New Era For Student-Athlete NIL
A landmark settlement stemming from 15 years of litigation between schools and the NCAA reflects a major development in college athletics by securing compensation for usage of student-athletes' names, images and likenesses, and schools hoping to take advantage of new opportunities should take proactive steps to comply with new rules, say attorneys at Manatt.
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7th Circ. Insurance Ruling Resolves Major Jurisdictional Issue
The Seventh Circuit recently confirmed in StarStone Insurance v. Chicago that attorney fees and costs paid as part of a settlement are covered — while unexpectedly raising and answering a question of first impression about federal jurisdiction over foreign entities, says Lara Langeneckert at Barnes & Thornburg.
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DOJ May Rethink Banning Firearms For Marijuana Users
In light of various federal circuit court decisions and an executive order from President Donald Trump, U.S. Department of Justice enforcement policy now may be on the verge of changing decidedly in favor of marijuana users' gun rights, and could foreshadow additional marijuana-friendly reforms, says Jacob Raver at Dentons.