Appellate

  • October 03, 2025

    6th Circ. Says FirstEnergy's Bribery Probe Docs Are Privileged

    The Sixth Circuit on Friday vacated a district court's order forcing FirstEnergy to disclose to investors its internal investigation materials amid a $1 billion bribery scandal involving an Ohio lawmaker, ruling that the materials were "clearly" protected by the attorney-client privilege and work-product doctrine. 

  • October 03, 2025

    Lost Mail No Excuse, 3rd Circ. Rules When Ending Suit

    A woman's slip-and-fall lawsuit against the U.S. Postal Service was properly ended as untimely, the Third Circuit ruled on Friday, rejecting arguments that the carrier failed to deliver a critical notice to the plaintiff's attorney, causing the suit to be filed late, and ruling that the government's only responsibility was to mail the letter.

  • October 03, 2025

    10th Circ. Rules Modoc Nation's Ex-AG Not Immune From Suit

    The Tenth Circuit said Friday that the Modoc Nation's former attorney general isn't entitled to immunity in the Oklahoma tribe's $14.6 million racketeering lawsuit against a computer management company, ruling the ex-official "is the real party in interest."

  • October 03, 2025

    Would-Be Kavanaugh Assassin Gets 8 Years In Prison

    A Maryland federal judge on Friday handed an eight-year prison sentence plus a lifetime of supervised release to a Californian accused of trying to kill U.S. Supreme Court Justice Brett Kavanaugh, rejecting prosecutors' request that the defendant spend at least 30 years behind bars.

  • October 03, 2025

    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.

  • October 03, 2025

    11th Circ. Upholds Robbery Convictions Despite Lawyer Errors

    The Eleventh Circuit agreed Friday that a man serving 26 years in prison for a string of Walmart robberies received ineffective counsel at trial but declined to overturn his conviction, citing the "mountain of evidence against him" it said would likely have secured his conviction regardless.

  • October 03, 2025

    Press Freedom Org. Backs Overturn Of SEC 'Gag Rule'

    The Freedom of the Press Foundation is urging the Ninth Circuit to reconsider its decision to uphold the U.S. Securities and Exchange Commission's "gag rule," arguing that preventing settling parties from speaking out harms the public's right to know what is happening inside the agency.

  • October 03, 2025

    6th Circ. Will Hear Ohio PBM Fight Arguments In December

    The Sixth Circuit will hear arguments from the state of Ohio and the pharmacy benefit managers it's accusing of colluding to raise the price of prescription medications in December to decide whether the matter belongs in state or federal court.

  • October 03, 2025

    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.

  • October 03, 2025

    Ga. Panel Orders Retrial Over $1.5M Land Seizure Verdict

    The Georgia Court of Appeals has granted the state Department of Transportation's bid for a new trial after it was hit with a $1.5 million verdict over land it condemned from a family farm, ruling that a state court jury relied on impermissible speculation about the property's potential value.

  • October 03, 2025

    Paltalk Urges Albright To Revive $65.7M Cisco Patent Verdict

    Paltalk Holdings wants U.S. District Judge Alan Albright to revisit his decision wiping out an over $65.7 million verdict in its favor against Cisco Systems Inc. and ordering a new trial on damages in the patent infringement case, saying the verdict was backed by enough evidence.

  • October 03, 2025

    High Court Broker Negligence Case 'Pivotal' For Trucking

    The U.S. Supreme Court grabbed an opportunity to smooth out splintered circuit court rulings on whether freight brokers might also be liable for roadway accidents that have killed or injured people, potentially providing long-sought clarity to middlemen in a trucking and logistics sector unnerved by recent supersized verdicts against carriers and drivers.

  • October 03, 2025

    Vape Cos. Tell 5th Circ. FDA Erred On Flavored E-Cigs

    Multiple vaping companies told the Fifth Circuit that the U.S. Food and Drug Administration overstepped its authority when it blocked approval of their flavored e-cigarettes since it skipped a full review of the available information, including the regulator's own survey data showing that minors aren't using them.

  • October 03, 2025

    11th Circ. Pushes Forward Fla.'s ACA Trans Health Appeal

    The Eleventh Circuit resolved a jurisdictional question that will allow Florida to continue pursuing its challenge against Biden-era policies impacting Affordable Care Act coverage for gender-affirming care.

  • October 03, 2025

    Jewish Committee Backs Tribes' High Court Voting Challenge

    The American Jewish Committee is backing two North Dakota tribes in their Supreme Court bid to undo an Eighth Circuit voting rights order, telling the justices the guiding principle of any democracy is that the government needs to make it easy to cast a ballot.

  • October 03, 2025

    2nd Circ. Erases Injunction In Pet Supplement False Ad Fight

    The Second Circuit on Friday undid a lower court order blocking Zesty Paws from billing itself in ads as the top U.S. pet supplement brand, saying it didn't apply the proper standard correctly.

  • October 03, 2025

    Full 6th Circ. Skips Free Speech Row Over Drone Hunting Ban

    The Sixth Circuit on Friday declined to reconsider whether Michigan's ban on the use of drones for hunting violates the right to free speech, finding the issue was already covered in an earlier ruling, but warning the case could raise bigger First Amendment concerns in the future.

  • October 03, 2025

    Justices Again Clear Trump To Scrap TPS For Venezuelans

    The U.S. Supreme Court for a second time cleared the Trump administration to undo temporary protected status designations for hundreds of thousands of Venezuelans, despite lower court rulings concluding it acted unlawfully, sparking a fierce dissent by Justice Ketanji Brown Jackson.

  • October 03, 2025

    DC Circ. Nixes Enforcement Of $156M India Award

    The D.C. Circuit on Friday ordered a lower court to reconsider defenses raised by India as it fights efforts by Deutsche Telekom AG to enforce a nearly $156 million arbitral award against the country over a nixed satellite lease and telecommunications deal, including whether the dispute belonged in arbitration.

  • October 03, 2025

    Fed. Circ. Sinks Advocacy Groups' Bid For PTAB 'Veto' Rule

    The Federal Circuit on Friday affirmed a lower court's rejection of efforts by advocacy groups to create a "veto" for small-business patent owners defending themselves at the Patent Trial and Appeal Board, saying in a precedential decision that the groups lacked standing.

  • October 03, 2025

    Pa. Supreme Court Snapshot: Silent Witness, Corporate Veil

    When its October session launches Tuesday, the Pennsylvania Supreme Court will consider issues such as the time limits on long-hidden crimes and long-undiscovered construction flaws, along with witnesses who say nothing on the stand and experts who opine on manner of death.

  • October 03, 2025

    Mich. Justices Send Anti-Muslim Bias Case To Appeals Court

    Michigan's highest court has thrown out a ruling sending to arbitration an airline worker's claims he was the target of anti-Arab and anti-Muslim comments at work in light of a change in how courts in the Great Lakes State enforce employment contracts.

  • October 03, 2025

    9th Circ. Reopens Circle K Age Bias Suit Over Promotion

    The Ninth Circuit on Friday revived a lawsuit alleging that Circle K passed over three former employees for promotion because they were in their 50s, saying the trial court was wrong to fault the workers for not applying to the job when the company never advertised the opening.

  • October 03, 2025

    Del. Justices Uphold Toss Of Ad Co. Note Conversion Claim

    With little discussion, a Delaware Supreme Court panel on Friday affirmed on appeal a Court of Chancery decision that advertising tech company Vistar Media Inc. had a right to cash out millions' worth of matured investor notes over noteholder objections.

  • October 03, 2025

    11th Circ. Backs Royalties Firm In Hip-Hop Payouts Dispute

    The Eleventh Circuit on Friday affirmed a win for a music royalties firm in a case brought against one of the members of the '90s hip-hip duo Black Sheep for allegedly breaching his contract.

Expert Analysis

  • How Justices' Ruling Limits Options To Challenge DHS Orders

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    In Riley v. Bondi, the U.S. Supreme Court recently ruled that a 30-day deadline for challenging deportation orders begins when the U.S. Department of Homeland Security issues a final administrative review order, opening the door for the government to effectively bar circuit court review in future similar cases, says Kevin Gregg at Kurzban Kurzban.

  • Series

    Playing The Violin Makes Me A Better Lawyer

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    Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.

  • Purdue Case Could Transform Patent Obviousness Analyses

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    If accepted for review by the U.S. Supreme Court, Purdue Pharma v. Accord Healthcare — concerning whether Purdue's abuse-deterrent opioid formulation patents were invalid as obvious — could significantly shift how courts weigh secondary considerations in patent obviousness analyses, say attorneys at Lathrop.

  • NM Cyber Ruling Will Spur Litigation As Coverage Remedy

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    In Kane v. Beazley, the New Mexico Court of Appeals recently found that a cyber liability provision insuring security breaches included coverage for funds transfer fraud, implicitly and incorrectly motivating policyholders to commence litigation to avoid contractual limitations on cyber coverages, say attorneys at Zelle.

  • Series

    Law School's Missed Lessons: Practicing Self-Care

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    Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard​​​​​​​ at MG+M.

  • Texas' Cactus Ruling Clarifies 'Produced Water' Rules

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    The Texas Supreme Court's decision in Cactus Water Services v. COG Operating, holding that mineral interest lessees have the rights to water extracted alongside oil and gas, should benefit industry players by clarifying the rules — but it leaves important questions about royalties unresolved, say attorneys at Yetter Coleman.

  • ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'

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    The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.

  • How Political Divisions Are Stalling Pa. Energy Development

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    Despite possessing the nation's second-largest natural gas reserves and a legacy of energy infrastructure, Pennsylvania faces a fragmented and politically charged path to developing the energy resources it will need in the future, thanks to legislative gridlock, divided public opinion and competing energy interests, says Andrew Levine at Stradley Ronon.

  • How High Court Ruling Can Aid Judgment Enforcement In US

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    In CC/Devas (Mauritius) v. Antrix, a unanimous U.S. Supreme Court recently ruled that only two steps are required to keep a foreign sovereign in federal court, making it a little easier for investors to successfully bring foreign states and sovereign-owned and -controlled entities into U.S. courts, says Kristie Blase at Felicello Law.

  • What High Court's Tenn. Trans Care Ruling Means Nationally

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    The U.S. Supreme Court's decision in U.S. v. Skrmetti, upholding a Tennessee ban on gender-affirming medical care for minors, is fairly limited in scope and closely tailored to the specific language of Tennessee's law, but it may have implications for challenges to similar laws in other states, say attorneys at Hall Render.

  • Justices Rewrite Rules For Challenging Enviro Agency Actions

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    Three recent U.S. Supreme Court rulings — Nuclear Regulatory Commission v. Texas, Oklahoma v. U.S. Environmental Protection Agency and EPA v. Calumet Shreveport Refining — form a jurisprudential watershed in administrative and environmental law, affirming statutory standing and venue provisions as the backbone of coherent judicial review, say attorneys at GableGotwals.

  • Series

    My Opera And Baseball Careers Make Me A Better Lawyer

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    Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.

  • High Court ACA Ruling May Harm Preventative Care

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    The U.S. Supreme Court's decision in Kennedy v. Braidwood last week, ruling that the U.S. Department of Health and Human Services secretary has authority over an Affordable Care Act preventive care task force, risks harming the credibility of the task force and could open the door to politicians dictating clinical recommendations, says Michael Kolber at Manatt.

  • Opinion

    Subject Matter Eligibility Test Should Return To Preemption

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    Subject matter eligibility has posed challenges for patentees due to courts' arbitrary and confusing reasoning, but adopting a two-part preemption test could align the applicant, the U.S. Patent and Trademark Office and the courts, says Manav Das at McDonnell Boehnen.

  • 8 Ways Lawyers Can Protect The Rule Of Law In Their Work

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    Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.

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