Appellate

  • May 13, 2025

    10th Circ. Pushes Vail On Safety Claim Behind Truck Limits

    A Tenth Circuit panel on Tuesday pressed the ski town of Vail on whether it has enough evidence that an ordinance limiting commercial truck deliveries in pedestrian-only zones would improve public safety, with one judge saying the town's rationale "almost sounds like a pretext."

  • May 13, 2025

    Albright Scraps $26M Video Patent Verdict Against Google

    U.S. District Judge Alan Albright has overruled a jury's $26 million verdict against Google LLC and its YouTube LLC subsidiary for infringing VideoShare LLC's video sharing patent, finding that as a matter of law "the only reasonable interpretation of the claim language" shows no infringement.

  • May 13, 2025

    Trump Nudges Justices To Lift Ban On Venezuelan Removals

    The Trump administration has asked the U.S. Supreme Court to lift a 3-week-old order temporarily prohibiting the government from removing a group of almost 200 alleged Venezuelan gang members currently detained in northern Texas to an El Salvador prison, citing new lower court rulings and a detention center protest.

  • May 13, 2025

    Ga. Justices Nix Atty Immunity Doctrine, Uphold Tossing Case

    The Georgia Supreme Court on Tuesday overturned a long-standing attorney immunity doctrine that a lower court found shielded Barnes & Thornburg LLP from a legal malpractice suit, but the justices concluded that a onetime client's claims still fell short.

  • May 13, 2025

    Ex-Defender Can't Block Mystery Info In Sex Bias Case Appeal

    The federal government can submit additional documents from a district court case record in an appeal by a former assistant public defender in North Carolina who accused the federal judiciary of sex bias, the Fourth Circuit ruled Tuesday over the assistant public defender's objections.

  • May 13, 2025

    Pot Dispensary Asks Mo. High Court To Block County Taxes

    In incorporated areas of Missouri counties, a municipality's imposition of a 3% sales tax on adult-use cannabis supersedes a county's ability to impose its own additional tax, a dispensary told the Missouri Supreme Court during oral arguments Tuesday.

  • May 13, 2025

    NJ AG, Data Co. Defend Judicial Privacy Law At 3rd Circ.

    Data protection company Atlas Data Corp. and New Jersey's attorney general are urging the Third Circuit to uphold a decision declaring the state's judicial privacy measure known as Daniel's Law as constitutional.

  • May 13, 2025

    Ex-Fed. Circ. Judge O'Malley On Striking Out On Her Own

    After recently stepping away from Sullivan & Cromwell LLP to launch her own consulting practice, former Federal Circuit Judge Kathleen O'Malley told Law360 Pulse that she's looking forward to not only broadening the range of work she handles, but also to speaking out on issues including the rule of law.

  • May 13, 2025

    11th Circ. Eyes Restarting Seafood Workers' $92M ESOP Suit

    The Eleventh Circuit seemed Tuesday to lean toward reviving a lawsuit from former workers of a seafood company who allege that their employee stock ownership plan was overcharged in a $92 million deal, as judges questioned a lower court's decision to toss the case with prejudice.

  • May 13, 2025

    Attys Push 11th Circ. To Weigh Judge Shopping Sanctions

    The Eleventh Circuit can hear three attorneys' appeal of sanctions against them for judge shopping during their legal challenge to an Alabama law criminalizing gender-affirming care, because the underlying case was dismissed, making the jurisdictional question moot, two of those lawyers told the appellate court.

  • May 13, 2025

    1st Circ. Vacates $10M Severance Win Over Drafting Error

    The First Circuit threw out a judgment that valued a departing technology executive's severance payout at $10.2 million due to a mistake in the contract, ruling that the company's intended offer of $680,000 in total value could also be reasonably construed from the text of the deal.  

  • May 13, 2025

    NLRB Urges 5th Circ. To Stand By Its OK Of Exxon Vacatur

    The Fifth Circuit should stand by its decision that the National Labor Relations Board correctly vacated Exxon Mobil's win in an agency case after learning that a board member who presided over the litigation had a stake in the company, the agency told the appellate court.

  • May 13, 2025

    6th Circ. Demands New Atty Fee Calculation In Property Row

    The Sixth Circuit has agreed that the state of Michigan and one of its counties are liable for attorney fees in a lawsuit alleging the county unlawfully kept proceeds from a tax-foreclosed sale, adding on Monday that the lower court must better explain why it slashed the victorious property owner's fee request.

  • May 13, 2025

    Ga. Justices Revives Claim Over Med Student's Negligence

    The Georgia Supreme Court on Tuesday revived a woman's claim seeking to hold two doctors vicariously liable for a medical student's alleged negligence during a hysterectomy, saying there are questions about whether the student was acting as their servant at the time.

  • May 13, 2025

    Insurer Calls To Ax Mogul's Receivership Appeal As Sanction

    An insurer seeking to collect on a $524 million arbitration award against convicted insurance mogul Greg Lindberg has asked the North Carolina Court of Appeals to toss Lindberg's attempt at undoing a receivership order as a sanction for allegedly flouting court deadlines.

  • May 13, 2025

    6th Circ. Vacates Paper Cos. Superfund Liability Ruling

    The Sixth Circuit sided with International Paper Co. and Weyerhaeuser Co. Monday and vacated a judgment holding them liable for future cleanup costs at a Michigan Superfund site.

  • May 13, 2025

    8th Circ. Holds Guatemalan Failed To Show Removal Hardship

    The Eighth Circuit has denied a Guatemalan national's attempt to reopen his removal proceedings after his child was born in the U.S., holding the Board of Immigration Appeals made no mistake in finding he failed to demonstrate eligibility for cancellation of removal.

  • May 13, 2025

    Menendez 'Laptop Problem' May Not Sway 2nd Circ. On Bail

    The Second Circuit pushed back Tuesday on arguments by two New Jersey businessmen convicted of bribing former Sen. Bob Menendez, D-N.J., after they asked for bail pending the outcome of their appeals, with the men pointing to a laptop used by jurors that contained excluded evidence.

  • May 13, 2025

    NFL Benefits Plan Throws Flag On Atty Fee Award To Player

    Former NFL player Michael Cloud should never have been awarded attorney fees by a Texas federal judge after a "complete loss" on appeal of his suit over disability benefits, the National Football League's retirement plan has told the Fifth Circuit.

  • May 13, 2025

    Justice Souter: Who He Was And How He Shaped The Law

    Retired Justice David Souter died Thursday at age 85. Here, Law360 looks at the former U.S. Supreme Court justice's legacy — not just through his legal work, but in his mentoring of clerks and friendships with peers.

  • May 13, 2025

    5th Circ. Says Gaps In Testimony Doom Deepwater Suit

    The Fifth Circuit has affirmed the exclusion of expert testimony in a worker's toxic tort suit against BP Exploration & Production Inc. over cancer he says he developed after cleaning up the 2010 Deepwater Horizon spill, saying there are "fatal analytical flaws" in the expert's opinion and upholding a win for the oil company.

  • May 12, 2025

    W.Va. High Court Declines 4th Circ. Request For Opioid Input

    The West Virginia Supreme Court of Appeals on Monday declined the Fourth Circuit's request to answer whether the state's public nuisance law applies to the distribution of opioids, saying disputed facts in litigation between local governments and drug distribution companies must first be resolved.

  • May 12, 2025

    Pa. Mental Health Rejection Suits Could Rise, Atty Says

    The Pennsylvania Supreme Court's recent decision to greenlight a suit accusing two hospitals of negligently rejecting a man seeking mental health treatment who later murdered his girlfriend could spark a rise in such lawsuits, one attorney warned.

  • May 12, 2025

    Fed. Circ. Erases MIT, Broad CRISPR Win In Conception Fight

    The Nobel Prize-winning scientists who lost their interference proceeding on a key use of the gene-editing technology CRISPR persuaded the Federal Circuit on Monday to​ give them another chance, with the court providing clarity on how to analyze conception.

  • May 12, 2025

    Amazon Cites FTC Take On Online Shopping Law In Prime Suit

    Amazon has asked a federal court to either allow it to present evidence of the Federal Trade Commission's statements about the clarity of the Restore Online Shoppers' Confidence Act or permit it to bring the matter to the Ninth Circuit, arguing the issue must be resolved sooner rather than later.

Expert Analysis

  • Breaking Down 4th Circ. 'Actual Knowledge' Ruling For Banks

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    A recent decision from the Fourth Circuit finding that banks must have "actual knowledge" to be found liable for losses arising from an automated clearinghouse transfer warns that the more financial institutions know about a name mismatch issue for any particular transaction, the more liability they may face, say attorneys at Katten.

  • Strategies To Limit Inherent Damage Of Multidefendant Trials

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    As shown by the recent fraud convictions of two executives at the now-shuttered education startup Frank, multidefendant criminal trials pose unique obstacles, but with some planning, defense counsel can mitigate the harm and maximize the chances of a good outcome, says Kenneth Notter at MoloLamken.

  • Patent Takeaways In Fed. Circ.'s 1st Machine Learning Ruling

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    The Federal Circuit’s recent decision in Recentive Analytics v. Fox, a case of first impression affirming the invalidity of patents that applied general machine learning methods to conventional tasks, serves as a cautionary guide for patent practitioners navigating the complexities of machine learning inventions, say attorneys at Foley & Lardner.

  • AT&T Decision May Establish Framework To Block FCC Fines

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    The Fifth Circuit's recent decision in AT&T v. FCC upends the commission's authority to impose certain civil penalties, reinforcing constitutional safeguards against administrative overreach, and opening avenues for telecommunications and technology providers to challenge forfeiture orders, say attorneys at HWG.

  • Series

    Playing Guitar Makes Me A Better Lawyer

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    Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.

  • Crisis Management Lessons From The Parenting Playbook

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    The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.

  • High Court's Ruling May Not Stop Ghost Gun Makers

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    In Bondi v. VanDerStok, a majority of the U.S. Supreme Court ruled that the Gun Control Act applies to untraceable "ghost gun" kits under certain circumstances — but companies that produce these kits may still be able to use creative regulatory workarounds to evade government oversight, says Samuel Bassett at Minton Bassett.

  • Justices' Labcorp Questions Explore Class Cert. Tensions

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    At the recent oral argument before the U.S. Supreme Court in Laboratory Corporation of America Holdings v. Davis, the justices' questioning highlighted a fundamental tension between constitutional standing requirements, the procedural framework of Rule 23, and the practical challenges of managing large, diverse classes in complex litigation, say attorneys at Winston & Strawn.

  • Immunity Waiver Ruling A Setback For Ch. 7 Trustees

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    While governmental units should welcome the U.S. Supreme Court's recent decision in U.S. v. Miller restricting the reach of the Bankruptcy Code's sovereign immunity waiver, Chapter 7 trustees now have a limited ability to maximize bankruptcy estates, says Dan Prieto at Jones Day.

  • Wash. Justices' Moonlight Ruling Should Caution Employers

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    The Washington Supreme Court's recent decision in David v. Freedom Vans, which limited when employers can restrict low-wage workers from moonlighting, underscores the need for employers to narrowly tailor restrictive covenants, ensuring that they are reasonable and allow for workforce mobility, say attorneys at Perkins Coie.

  • What To Watch For As High Court Mulls NRC's Powers

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    If successful, Texas’ challenges to the U.S. Nuclear Regulatory Commission’s authority — recently heard by the U.S. Supreme Court and currently pending before a Texas federal court — may have serious adverse consequences for aspiring NRC licensees, including potential nuclear power plant operators, say attorneys at Haynes Boone.

  • Series

    Adapting To Private Practice: From NY Fed To BigLaw

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    While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.

  • Calif. Smoke Claim Ruling Gives Insurers Support On Denials

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    Far from being an outlier among ash, soot and smoke coverage cases, a California appellate court's recent opinion in Gharibian v. Wawanesa General Insurance reinforces the principle that policyholders must establish entitlement to coverage as a threshold matter, while supporting denials of coverage for meritless claims, says Kyle Espinola at Zelle.

  • Cos. Face Enviro Justice Tug-Of-War Between States, Feds

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    The second Trump administration's sweeping elimination of environmental justice policies, programs and funding, and targeting of state-level EJ initiatives, creates difficult questions for companies on how best to avoid friction with federal policy, navigate state compliance obligations and maintain important stakeholder relationships with communities, say attorneys at Arnold & Porter.

  • Top 3 Litigation Finance Deal-Killers, And How To Avoid Them

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    Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.

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