Appellate

  • 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 AG Lands $1.4B Data Privacy Settlement With Google

    Google has agreed to shell out $1.375 billion to resolve a pair of suits from Texas Attorney General Ken Paxton over how the tech giant tracked and collected user data including geolocation, incognito-mode searches and biometric data, according to a Friday announcement.

  • 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 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.

  • May 08, 2025

    DC Circ. To Decide If Zero Is Less Than 40 In DCA Slot Fight

    The D.C. Circuit wasn't convinced by the U.S. Department of Transportation's arguments Thursday morning as it worked to convince the panel that the agency hadn't wrongfully excluded Frontier Airlines from new slot exemptions at one of Washington, D.C.'s main airports.

  • May 08, 2025

    PTAB Adds To Apple's Victories Invalidating Geolocation IP

    The Patent Trial and Appeal Board has invalidated claims of three geolocation patents challenged by Apple, less than a week after the Federal Circuit found the same patents didn't meet eligibility requirements.

  • May 08, 2025

    Atturo Tire Again Presses High Court To Take Up $10M IP Fight

    Atturo Tire Corp. has urged the U.S. Supreme Court to ignore Japanese tire giant Toyo Tire Corp.'s argument that the justices should not review the Federal Circuit's upending of a $10 million award against Toyo for interfering with Atturo's business through patent settlements with other companies.

  • May 08, 2025

    Feds Urge High Court Not To Take Jury-Right Case

    The government has asked the U.S. Supreme Court not to take up the case of a social media influencer who was denied a jury trial for a misdemeanor, arguing precedent and tradition show that "crimes" meriting a jury are distinct from petty offenses.

  • May 08, 2025

    Panel Says Colo. Hospitals Need Notice Of Retaliation Claims

    A Colorado appeals court on Thursday sided with a Denver health system in a precedential ruling, finding healthcare workers who sue public hospitals under a state anti-retaliation statute must warn hospitals about their claims.

Expert Analysis

  • Series

    Florida Banking Brief: All The Notable Legal Updates In Q1

    Author Photo

    The first quarter of 2025 saw the Trump administration's crypto-forward approach permeate the banking industry, including Florida banking institutions, and a Fourth District Court of Appeal decision provide a new precedent for borrower/lender standing, say attorneys at Kozyak Tropin.

  • Meta Case Brings Customer-Facing Statements Issue To Fore

    Author Photo

    Now that Facebook v. Amalgamated Bank has returned to California federal court after the U.S. Supreme Court in November found it improvidently granted certiorari, it will be worth watching whether customer-facing communications, such as Facebook's privacy policies, are found to be made in connection with the sale of a security, says Samuel Groner at Fried Frank.

  • A Cold War-Era History Lesson On Due Process

    Author Photo

    The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.

  • Home Depot Ruling Tolls Death Knell For 'Silent Cyber'

    Author Photo

    The Sixth Circuit's recent ruling that Home Depot's insurers did not have to cover costs from a data breach hammered one more nail in the coffin of silent cyber, where coverage is sought under standard property or commercial general liability policies that were not intended to insure cyberattack claims, say attorneys at Zelle.

  • 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.

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!