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Featured
Has The 9th Circ.'s Rightward Shift Ended Bids To Split It?
Republican lawmakers have long dreamed of breaking up the nation's largest appellate court. But that fervor has diminished as the Ninth Circuit's balance of Democratic and Republican appointees has evened out in recent years, upending the circuit's status as a culture war lightning rod.
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October 21, 2025
NY Appeals Ruling That Nuke Discharge Law Is Preempted
The state of New York has asked the Second Circuit to overturn a federal judge's ruling that found a state law barring the release of radioactive materials into the Hudson River was federally preempted.
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October 21, 2025
3rd Circ. Unsure Pro-Palestinian Views Justify Deportation
The Third Circuit on Tuesday appeared skeptical of the government's bid to deport a green card-holding former Columbia University graduate student over his pro-Palestinian views, suggesting that the case raised serious constitutional concerns about retaliation for protected speech and the proper forum for adjudicating such claims.
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October 21, 2025
Texas AG Wants Out Of Suit Over Ban On Sanctuary Cities
The Texas attorney general said Monday he would appeal to the Fifth Circuit a district court decision that left him alone defending a suit challenging a state law prohibiting local officials from limiting cooperation with federal immigration enforcement.
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October 21, 2025
New York's Highest Court Demands Bail Denial Explanation
New York's highest court said a Queens trial court wrongly failed to explain why a man charged with promoting and possessing child pornography was denied bail, reversing an appeals court's dismissal of his habeas petition Tuesday.
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October 21, 2025
Ex-Temple Professor Heads To 3rd Circ. With Tenure Bias Suit
A former Temple University assistant professor alleging he was denied tenure because he's a Chinese man with a chronic neuromuscular condition is taking his legal battle to the Third Circuit after a trial court sided with the school.
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October 21, 2025
4th Circ. Dubious Of Class Status In Genworth 401(k) Suit
The Fourth Circuit seemed likely Tuesday to unravel a nearly 4,000-member class of Genworth Financial employee 401(k) participants who allegedly saw their retirement savings dragged down by underperforming BlackRock target date funds, given that individual investors' returns varied based on how close they were to retirement.
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October 21, 2025
Full Fed. Circ. Won't Rehear $125M Medtronic Patent Verdict
The full Federal Circuit has declined to revisit a panel decision that overturned a $125 million patent infringement judgment against Medtronic's CoreValve unit, letting stand a precedential opinion addressing the doctrine of prosecution history estoppel.
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October 21, 2025
Georgia Atty Can't Shake Contempt Conviction For Tardiness
An attorney who was hours late for jury selection in a felony case in Georgia received adequate notice that the matter was set for trial and cannot avoid a judge's criminal contempt finding, a state appellate panel ruled Tuesday.
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October 21, 2025
11th Circ. Revives Fla. Slip-And-Fall Case Against Walmart
The Eleventh Circuit on Tuesday revived a Florida man's slip-and-fall lawsuit against Walmart, finding that the lower court wrongly drew inferences in Walmart's favor about whether store employees should have foreseen the puddle in the aisle that caused the man's back injuries.
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October 21, 2025
Fed. Circ. Upholds Coca-Cola Win In Drink Dispenser IP Case
The Federal Circuit on Tuesday backed a Georgia federal court's finding that Coca-Cola's Freestyle drink dispensers do not infringe a patent on a beverage machine that can recognize users and pour customized drinks.
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October 21, 2025
DC Circ. Won't Pause La. LNG Terminal OK Amid FERC Fight
The D.C. Circuit has refused to pause the Federal Energy Regulatory Commission's approval of a massive liquefied natural gas export terminal in Louisiana while environmental groups and fishermen challenge the decision.
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October 21, 2025
Pa. Justices Will Probe 'Ambiguous' Auto Policy Exclusion
The Pennsylvania Supreme Court will consider whether insurance policy language blocking coverage for injuries "arising out of" the ownership or use of "autos" was unclear enough to be interpreted in favor of granting coverage for an accident involving a small terminal tractor truck.
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October 21, 2025
Calif. Court Backs Birth Battery Claim, Split On Gender Abuse
A California appeals court has reinstated a medical battery lawsuit brought by a woman who accused her obstetrician of forcing an unwanted procedure on her during childbirth, but the court rejected her claim that the act constituted gender-based violence, prompting a sharp judicial dissent.
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October 21, 2025
9th Circ. Urged To Revive 5-Hour Energy Price Bias Suit
Family-owned wholesalers have told the Ninth Circuit that a lower court added new requirements with its latest ruling rejecting allegations that the maker of 5-Hour Energy violated price discrimination law by providing Costco with disproportionate promotional support.
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October 21, 2025
Judge Agrees With United That Wage Suits Are Linked
A suit accusing United Airlines of conspiring to underpay workers is related to another case in which flight attendants are bringing a grievance to arbitration without the Teamsters' support, a California federal judge ruled, turning down a worker's arguments that the cases didn't overlap.
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October 21, 2025
Supreme Court Medina Ruling Erodes Public Health Networks
Healthcare advocates in more than a dozen states are bracing for Planned Parenthood's ouster from public benefit programs after a U.S. Supreme Court decision in June.
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October 21, 2025
J&J Appeals $25M Loss In Conn. Builder's Asbestos Case
Johnson & Johnson has appealed its losses in a Connecticut real estate developer's asbestos lawsuit, telling state trial and appellate courts that it plans to challenge denials of multiple bids to reverse a $15 million jury verdict plus an additional $10 million in punitive damages awarded by a judge.
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October 21, 2025
9th Circ. Says Autistic DHS Officer's Bias Suit Needs 2nd Look
The Ninth Circuit revived an immigration officer's suit alleging the U.S. Department of Homeland Security fired him after his autism caused him to misremember a workplace injury's details, ruling the lower court was too quick to find what the government called "lack of candor" doomed his case.
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October 21, 2025
Medtronic Says 8th Circ. Wrongly Tossed Tax Court's Method
The Eighth Circuit's rejection of the U.S. Tax Court's latest ruling on the pricing of Medtronic intangibles placed unnecessary restrictions on the court's unspecified method addressing such assets transferred to Puerto Rico, the company argued as it asked the Circuit Court to rethink its decision.
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October 20, 2025
NJ Asks If Experts Are Needed For Mental Defenses
New Jersey's Supreme Court on Monday heard arguments on whether expert testimony is needed to advance insanity or diminished capacity defenses in two murder cases, with defense attorneys and the American Civil Liberties Union arguing state lawmakers intended juries, with or without doctors, to evaluate evidence regarding state of mind.
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October 20, 2025
9th Circ. Judges Doubt DOD's 'Broad' Transgender Troop Ban
Two Ninth Circuit judges hearing an appeal Monday expressed doubts about the Trump administration's bid to vacate a preliminary injunction blocking the U.S. Department of Defense from treating gender dysphoria as a disqualifying medical condition, saying the "broad" new policy sweeps in undiagnosed individuals.
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October 20, 2025
Ill. Asks Justices To Keep National Guard Out Of Chicago
Illinois and the city of Chicago implored the U.S. Supreme Court on Monday to leave in place a federal judge's order temporarily barring the Trump administration from sending National Guard troops to the Windy City, arguing the evidence on the ground comes nowhere close to supporting the president's deployment order.
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October 20, 2025
Trump Sending Guard To Portland Likely Legal, 9th Circ. Says
The Ninth Circuit recognized in a split panel decision on Monday that President Donald Trump likely acted within his statutory power when he called for Oregon National Guard members to be sent to Portland, granting the federal government's bid to stay a lower court order blocking the deployment as an appeal plays out.
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October 20, 2025
Colo. High Court Upholds $40M Award In Med Mal Cap Suit
The Colorado Supreme Court Monday unanimously ruled that a jury retains its authority to award damages exceeding the state's $1 million cap on medical malpractice damages subject to certain court authority, upholding a nearly $40 million judgment against a state hospital.
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October 20, 2025
States Urge Del. High Court To Reject Jarkesy Challenge
State regulators are asking the Delaware Supreme Court to reject an oil-and-gas company's call to apply a recent U.S. Supreme Court decision to state-level securities fraud actions, arguing that a ruling in the company's favor could have "ripple effects" on other states' abilities to pursue alleged fraudsters via administrative courts.
Editor's Picks
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4 Top Supreme Court Cases To Watch This Term
After a busy summer of emergency rulings, the U.S. Supreme Court will kick off its October 2025 term Monday with only a few big-ticket cases on its docket — over presidential authorities, transgender athletes and election law — in what might be a strategically slow start to a potentially momentous term. Here, Law360 looks at four of the most important cases on the court's docket so far.
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Justices To Confront Divisive Cases On Rights, Power, Liberty
The U.S. Supreme Court is poised to confront a slate of divisive issues in its upcoming term that begins Monday, with voting rights, transgender equality, religious freedom, immigration detention, and criminal procedure all on the docket.
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The Roberts Court At 20: How The Chief Is Reshaping America
Twenty years after John Roberts became the 17th chief justice of the United States, he faces a U.S. Supreme Court term that's looking transformative for the country and its institutions. How Justice Roberts and his colleagues navigate mounting distrust in the judiciary and set the boundaries of presidential authority appear increasingly likely to define his time leading the court.
Expert Analysis
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Compliance Steps To Take As FCRA Enforcement Widens
As the Fair Credit Reporting Act receives renewed focus from both federal and state enforcers, regulatory and litigation risk is most acute in several core areas, which companies can address by implementing purpose processes and quick remediation of consumer complaints, among other steps, say attorneys at Wiley.
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4 Strategies To Ensure Courts Calculate Restitution Correctly
Recent reversals of restitution orders across the federal appeals courts indicate that some lower courts are misapplying fundamental restitution principles, so defense attorneys should consider a few ways to vigilantly press these issues with the sentencing judge, says Wesley Gorman at Comber Miller.
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11th Circ. Geico Ruling Underscores Bad Faith Test
A recent ruling by the Eleventh Circuit highlighted that negligence is not the standard for a finding of bad faith and that the insurer can overcome a bad faith suit by being diligent in its investigation and settlement efforts, emphasizing the totality of the circumstances test, says Juan Garrido at Cozen O'Connor.
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Transource Ruling Affirms FERC's Grid Planning Authority
The Third Circuit's recent decision in Transource Pennsylvania v. DeFrank, reversing a state agency's denial of an electric transmission facility permit, provides a check on states' ability to veto needed power projects, and is a resounding endorsement of the Federal Energy Regulatory Commission's regional transmission planning authority, say attorneys at Wilson Sonsini.
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In NY, Long COVID (Tolling) Still Applies
A series of pandemic-era executive orders in New York tolling state statutes of limitations for 228 days mean that many causes of action that appear time-barred on their face may continue to apply, including in federal practice, for the foreseeable future, say attorneys at Sher Tremonte.
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Opinion
Expert Reports Can't Replace Facts In Securities Fraud Cases
The Ninth Circuit's 2023 decision in Nvidia v. Ohman Fonder — and the U.S. Supreme Court's punt on the case in 2024 — could invite the meritless securities litigation the Private Securities Litigation Reform Act was designed to prevent by substituting expert opinions for facts to substantiate complaint assertions, say attorneys at A&O Shearman.
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3rd Circ. Ruling Forces A Shift In Employer CFAA Probes
The Third Circuit's recent ruling in NRA Group v. Durenleau, finding that "unauthorized access" requires bypassing technical barriers rather than simply violating company policies, is forcing employers to recalibrate insider misconduct investigations and turn to contractual, trade secret and state-level claims, say attorneys at Sidley.
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Opinion
High Court, Not A Single Justice, Should Decide On Recusal
As public trust in the U.S. Supreme Court continues to decline, the court should adopt a collegial framework in which all justices decide questions of recusal together — a reform that respects both judicial independence and due process for litigants, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.
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FTC's Consumer Finance Pivot Brings Industry Pros And Cons
An active Federal Trade Commission against the backdrop of a leashed Consumer Financial Protection Bureau will be welcomed by most in the consumer finance industry, but the incremental expansion of the FTC's authority via enforcement actions remains a risk, say attorneys at Hudson Cook.
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Reel Justice: 'One Battle After Another' And The Limits Of Zeal
The political thriller “One Battle After Another,” following a former revolutionary who became a recluse, offers a potent metaphor for attorneys on diligence and the ethical boundaries of zealous advocacy, says Veronica Finkelstein at Wilmington University School of Law.
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Series
Traveling Solo Makes Me A Better Lawyer
Traveling by myself has taught me to assess risk, understand tone and stay calm in high-pressure situations, which are not only useful life skills, but the foundation of how I support my clients, says Lacey Gutierrez at Group Five Legal.
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6th Circ. FirstEnergy Ruling Protects Key Legal Privileges
The Sixth Circuit’s recent grant of mandamus relief in In re: First Energy Corp. confirms that the attorney-client privilege and work-product protections apply to internal investigation materials, ultimately advancing the public interest, say attorneys at Cooley.
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Opinion
Courts Must Continue Protecting Plaintiffs In Mass Arbitration
In recent years, many companies have imposed onerous protocols that function to frustrate plaintiffs' ability to seek justice through mass arbitration, but a series of welcome court decisions in recent months indicate that the pendulum might be swinging back toward plaintiffs, say Raphael Janove and Sasha Jones at Janove Law.
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Series
Law School's Missed Lessons: Client Service
Law school teaches you how to interpret the law, but it doesn't teach you some of the key ways to keeping clients satisfied, lessons that I've learned in the most unexpected of places: a book on how to be a butler, says Gregory Ramos at Armstrong Teasdale.
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Loper Bright's Evolving Application In Labor Case Appeals
Following the U.S. Supreme Court's decision in Loper Bright v. Raimondo, which upended decades of precedent requiring courts to defer to agency interpretations of federal regulations, the Third and Sixth Circuits' differing approaches leave little certainty as to which employment regulations remain in play, say attorneys at Foley & Lardner.