Appellate

  • October 07, 2025

    Fed. Circ. Talks Judge Denzel Washington, AI Susan Sarandon

    More than half of the Federal Circuit's judges were in Boston on Tuesday conducting out-of-town oral arguments, and afterward they discussed the most concerning and most promising elements of artificial intelligence, how to write a good brief, why en banc hearings are rare and which celebrities they'd love to see on a panel.

  • October 07, 2025

    Panel Said Congress Was 'Feckless,' 6th Circ. Told In FCC Row

    The Sixth Circuit should agree to a full court reconsideration of a panel's decision to back the Federal Communications Commission's expanded data breach notifications for telecom carriers, says a conservative legal organization that believes the panel assumed Congress was legislating "fecklessly."

  • October 07, 2025

    Fed. Circ. Focuses On Breadth Of UPenn IP In Eligibility Fight

    The University of Pennsylvania and Regenxbio Inc. on Tuesday tried to persuade a Federal Circuit panel that their gene therapy patent should be revived, but at least one judge repeatedly said it's too broad.

  • October 07, 2025

    11th Circ. Wary Of IRS Procedure In FBAR Penalty Appeal

    An Eleventh Circuit panel Tuesday appeared concerned about IRS procedures that could keep a man from recouping $419,000 he paid to resolve his failure to disclose funds held in foreign bank accounts as he appeals a district court determination that he actually owes $2.2 million.

  • October 07, 2025

    5th Circ. Queries If ChampionX Covered In $40M Oil Spill Suit

    A Fifth Circuit panel Tuesday pressed ChampionX Corp. to explain how it can pursue a lawsuit in Texas seeking to make multiple insurers pay for its defense in a $40 million oil spill lawsuit if the underlying policies don't name it.

  • October 07, 2025

    Urologist Provider Must Face Data Leak Claims, Panel Says

    The Georgia Court of Appeals has largely revived a proposed class action against a urology provider over a 2021 data breach that allegedly compromised the personal information of more than 79,000 patients, ruling Monday that the clinic could be liable for negligence and breach of contract.

  • October 07, 2025

    9th Circ. Revives Ex-Service Members' Antimalarial Drug Suit

    A Ninth Circuit panel on Tuesday breathed new life into a lawsuit by four former U.S. military service members who claim drugmakers Hoffman-La Roche Inc. and Genentech Inc. failed to warn them about permanent psychiatric side effects allegedly caused by the antimalarial drug mefloquine.

  • October 07, 2025

    11th Circ. Rules Atty Privacy Invasion Suit Can't Be Arbitrated

    The Eleventh Circuit on Tuesday denied two Florida attorneys' request for the out-of-court resolution of a lawsuit brought by former clients alleging their private legal information was disclosed in public court dockets, ruling that the claims against the lawyers aren't covered by a retainer agreement's arbitration clause.

  • October 07, 2025

    Chamber Asks 9th Circ. For Clarity In Trade Secrets Cases

    The U.S. Chamber of Commerce backed Boeing's bid for the Ninth Circuit to reconsider a panel's decision to reinstate a $72 million jury verdict against the company, saying the panel's "swift treatment" of such a complex issue threatens creating confusion.

  • October 07, 2025

    Goldstein's $968K Border Cash Claim To Be Admitted At Trial

    A Maryland federal jury will hear claims from prosecutors that SCOTUSblog publisher Tom Goldstein told Dulles International Airport border guards that the $968,000 in cash he brought into the country in 2018 had been gambling winnings, after a judge shot down his efforts to suppress his alleged statements Tuesday.

  • October 07, 2025

    3rd Circ. Says State Lawmakers Mostly Immune From TCPA

    State legislators in certain instances can make robocalls if they want, the Third Circuit has declared after finding that the Telephone Consumer Protection Act's ban on automated and prerecorded texts and calls without consent doesn't apply to them.

  • October 07, 2025

    NJ Surgeon On The Hook For Full $1.6M In Med Mal Case

    A New Jersey physician found by a jury to be 60% at fault for a man's death following gallbladder removal surgery must pay the entire $1.6 million verdict, a New Jersey appeals court has ruled, citing a state statute regarding comparative fault in injury cases.

  • October 07, 2025

    Fed. Circ. Ponders Document Sealing In EDTX's Patent Cases

    A Federal Circuit panel grappled Tuesday with document sealing practices in patent cases in the Eastern District of Texas, appearing at points skeptical about a digital rights nonprofit's efforts to unseal records in since-concluded litigation involving Charter Communications Inc.

  • October 07, 2025

    4th Circ. Urged To Reverse $10M Medicare Fraud Conviction

    A former physician's assistant on Tuesday requested that the Fourth Circuit reverse a six-year prison sentence for his involvement in a $10 million Medicaid fraud scheme, claiming evidence that could exonerate him was suppressed by a federal district court.

  • October 07, 2025

    No Coverage For Smoke Shop Over Fatal Crash, Insurer Says

    A smoke shop's insurer told a North Carolina state appeals court the shop shouldn't receive coverage for a lawsuit alleging it's liable for a fatal auto collision because it sold nitrous oxide products to the at-fault driver, arguing its policy covered bodily injury only on the shop's premises.

  • October 07, 2025

    Cuban Cigar Co. Not Entitled To 'Cohiba' TMs, 4th Circ. Told

    General Cigar Co. has asked the Fourth Circuit to overturn a Trademark Trial and Appeal Board decision to grant a Cuban state-owned cigar producer's request to cancel two trademark registrations for the term "Cohiba," contending that the decision conflicts with U.S. law governing the embargo against Cuba.

  • October 07, 2025

    1st Circ. Left In Limbo Over FCC's Prison Phone Rate Caps

    First Circuit judges Tuesday questioned the Federal Communications Commission's turnabout in defense of its Biden-era prison phone rate caps and were unsure how to construct a legal ruling with the FCC poised to vote on a policy makeover within weeks.

  • October 07, 2025

    4 Oral Argument Sessions Benefits Attys Should Watch In Oct.

    The Second Circuit will hear from Teamsters looking to revive a proposed class action alleging mismanagement of a multiemployer pension plan, while Alcoa will ask the Seventh Circuit to overturn a ruling requiring the aluminum maker to cover union retirees' healthcare for life. Here, Law360 looks at four arguments that benefits attorneys should have on their radar this month.

  • October 07, 2025

    6th Circ. OKs Contested Deal In Foreclosure Class Action

    The Sixth Circuit on Monday affirmed the approval of a contested settlement to resolve claims that 43 Michigan counties illegally kept the proceeds from the sales of tax-foreclosed properties, although one judge's concurrence said he did so "with the greatest reluctance."

  • October 07, 2025

    DC, 18 States Back Campaign Spending Caps At High Court

    The District of Columbia and 18 states urged the U.S. Supreme Court on Monday not to lift caps on the amount political parties may spend in coordination with candidates for federal office, saying state-level campaign finance regulations could be destabilized.

  • October 07, 2025

    Drug Tax Outdoes Biblical Punishment, 5th Circ. Judge Says

    A Fifth Circuit panel pressed the U.S. Department of Health and Human Services to justify the basis for the Medicare drug pricing program's steep excise tax, asking Tuesday whether the government had ever levied a higher tax in the nation's history.

  • October 07, 2025

    NY Appeals Court Nixes Chris Cuomo's Arbitrator Bias Claim

    Ex-CNN anchor Chris Cuomo on Tuesday could not convince a New York appeals court to revive his bid to disqualify the JAMS arbitrator overseeing his $125 million unlawful termination claim against CNN due to the arbitrator's representation of the news network more than two decades ago.

  • October 07, 2025

    Developer Wants Permit Fee Suit Against Miami Revived

    A developer on Tuesday asked a Florida appeals court to revive its claims against the city of Miami for allegedly overcharging builders permit and inspection fees, saying the city's unlawful carrying forward of the excess funds violates a state law limiting these actions.

  • October 07, 2025

    9th Circ. Rejects 'Kitchen Sink' Challenge To Vaccine Mandate

    A Ninth Circuit panel on Monday upheld a lower court's rejection of a lawsuit brought by dozens of former employees of a nonprofit healthcare system who claimed Washington state's requirement that healthcare workers be vaccinated against COVID-19 violated their statutory and constitutional rights.

  • October 07, 2025

    DC Circ. Denies Biotech Co.'s Nasdaq Delisting Appeal

    Chinese biotech Shineco Inc. has lost its bid to block its delisting from the Nasdaq in the D.C. Circuit, which didn't buy its argument the federal government's shutdown prevented the company from petitioning the U.S. Securities and Exchange Commission directly for relief.

Expert Analysis

  • Reverse Bias Rulings Offer Warning About DEI Quotas

    Author Photo

    Several recent holdings confirm that targeted or quota-based diversity programs can substantiate reverse discrimination claims, especially when coupled with an adverse action, so employers should exercise caution before implementing such policies in order to mitigate litigation risk, says Noah Bunzl at Tarter Krinsky.

  • 4th Circ. Favors Plain Meaning In Bump-Up D&O Ruling

    Author Photo

    The Fourth Circuit's latest denial of indemnity coverage in Towers Watson v. National Union Fire Insurance and its previous ruling in this case lay out a pragmatic approach to bump-up provisions that avoids hypertechnical constructions to limit the effect of a policy's plain meaning, say attorneys at Kennedys.

  • A Look At Key 5th Circ. White Collar Rulings So Far This Year

    Author Photo

    In the first half of 2025, the Fifth Circuit has decided numerous cases of particular import to white collar practitioners, which collectively underscore the critical importance of meticulous recordbuilding, procedural compliance and strategic litigation choices at every stage of a case, says Joe Magliolo at Jackson Walker.

  • High Court Cert Spotlights Varying Tests For Federal Removal

    Author Photo

    A recent decision by the U.S. Supreme Court to review Chevron v. Plaquemines Parish, a case involving the federal officer removal statute, highlights three other recent circuit court decisions raising federal removal questions, and serves as a reminder that defendants are the masters of removal actions, says Varun Aery at Hollingsworth.

  • Rule 23 Class Certification Matters In Settlements, Too

    Author Photo

    The U.S. Supreme Court's recent ruling in Trump v. CASA Inc. highlighted requirements for certifying classes for litigation in federal court, but counsel must also understand how Rule 23 of the Federal Rules of Civil Procedure may affect certifying classes for settlement purposes, say attorneys at Sidley.

  • Contract Disputes Recap: Privity, Pressure, Procedural Traps

    Author Photo

    Three recent decisions from the Civilian Board of Contract Appeals, the Federal Circuit and the U.S. Court of Federal Claims offer fresh lessons for contractors navigating the procedural edge of Contract Disputes Act litigation, says Zachary Jacobson at Seyfarth.

  • Series

    Playing Baseball Makes Me A Better Lawyer

    Author Photo

    Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.

  • 3rd Circ. Bias Ruling Offers Safety Policy Exception Lessons

    Author Photo

    The Third Circuit's decision in Smith v. City of Atlantic City, partially reinstating a religious bias suit over a policy requiring firefighters to be clean-shaven, cautions employers on the legal risk of including practical or discretionary exceptions in safety procedures, say Joseph Quinn and Mark Schaeffer at Cozen O'Connor.

  • APA Relief May Blunt Justices' Universal Injunction Ruling

    Author Photo

    The Administrative Procedure Act’s avenue for universal preliminary relief seems to hold the most promise for neutralizing the U.S. Supreme Court’s decision in Trump v. CASA to limit federal district courts' nationally applicable orders, say attorneys at Crowell.

  • Opinion

    Prosecutors' Duty To Justice Sometimes Demands Mea Culpa

    Author Photo

    Two recent cases — U.S. v. Lucas and U.S. v. Echavarria — demonstrate that prosecutors’ special ethical duty to seek justice can sometimes be in tension with other obligations and incentives, but it nonetheless requires them to concede their mistakes in the interests of justice, say Eastern District of Texas law clerk Ian Stephens and Texas A&M University law professor Jemila Lea.

  • Series

    Law School's Missed Lessons: Skillful Persuasion

    Author Photo

    In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.

  • How NY Appeals Ruling Alters Employers' Sex Abuse Liability

    Author Photo

    In Nellenback v. Madison County, the New York Court of Appeals arguably reset the evidentiary threshold in sexual abuse cases involving employer liability, countering lower court decisions that allowed evidence of the length of the undiscovered abuse to substitute as notice of an employee's dangerous propensity, say attorneys at Hurwitz Fine.

  • Fed. Circ. Ingenico Ruling Pivotal For IPR Estoppel Landscape

    Author Photo

    The Federal Circuit's recent decision in Ingenico v. Ioengine brings long-awaited clarity to the scope of inter partes review estoppel, confirming that a patent challenger is not precluded from relying on the same or substantially similar prior art in both IPR and district court proceedings, so long as it is used to support a different invalidity theory, say attorneys at Irwin IP.

  • Litigation Inspiration: How To Respond After A Loss

    Author Photo

    Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.

  • Justices' Resentencing Ruling Fortifies First Step Act Tools

    Author Photo

    The U.S. Supreme Court’s recent Hewitt v. U.S. ruling clarifies that resentencing after vacatur must reflect the law in effect at the time of the new sentencing, ultimately strengthening the strategic tools available to defense attorneys under the First Step Act, says Benson Varghese at Varghese Summersett.

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.