Appellate

  • May 15, 2025

    BREAKING: Justices Say Context Matters When Evaluating Use Of Force

    The U.S. Supreme Court on Thursday potentially cleared the way for a civil rights lawsuit against a Houston-area traffic officer who shot and killed a fleeing man, ruling that courts must weigh the full sequence of events — not just the instant a threat arises — when deciding if police used excessive force.

  • May 14, 2025

    6th Circ. Won't Send Bitcoin Latinum Suit To Arbitration

    A Michigan federal judge was right to find that cryptocurrency firm Bitcoin Latinum can't send investor fraud claims to arbitration after waiting two years to seek that option, the Sixth Circuit has determined.

  • May 14, 2025

    Smartmatic Says Fox News Deleted 'Incriminating' Texts

    Fox News and its executives — including Rupert Murdoch and his son, Lachlan — deleted "critical" and "incriminating" text messages related to the network's allegedly defamatory broadcasts about Smartmatic during the 2020 election, the voting tech company said Wednesday.

  • May 14, 2025

    DOGE Can't Dodge Limited FOIA Discovery, DC Circ. Says

    The Office of Management and Budget and Elon Musk's Department of Government Efficiency must restart efforts to hand over thousands of pages of documents to a watchdog group seeking insight into DOGE's "secretive operations," the D.C. Circuit ruled Wednesday.

  • May 14, 2025

    Florida Appeals Court Says Pastor's Testimony Is Privileged

    A Florida appeals court on Wednesday reversed convictions for a man found guilty of sexual abuse of a minor after finding that his pastor's testimony should not have been allowed at trial because it was protected by the clergy communications privilege.

  • May 14, 2025

    Fla. Court Rules Trust Wasn't Entitled To Jury Trial Over $8.9M

    A Florida state appeals court ruled Wednesday that a charitable trust wasn't entitled to a jury trial in a lawsuit alleging Brown Brothers Harriman Trust Co. improperly withheld and invested $8.9 million, saying the complaint falls "within the exclusive jurisdiction of equity."

  • May 14, 2025

    RJ Reynolds Can Keep Trial Win In Engle Case, Court Says

    A Florida appeals court on Wednesday affirmed a verdict in favor of R.J. Reynolds in an Engle progeny suit over a longtime smoker's death, saying counsel's failure to use all their juror challenges invalidates an argument that a juror was unfairly selected.

  • May 14, 2025

    Chicken Price-Fixing Atty Fees Challenged Again At 7th Circ.

    A class objector in Chicago's massive consolidated suit over broiler chicken price-fixing is again urging the Seventh Circuit to vacate an attorney fee award for class counsel in a $181 million deal for chicken buyers, saying the district court erred in calculating the $51.66 million awarded on remand.

  • May 14, 2025

    Texas Appeals Court Asks If It Can Flip Arbitration Order

    A Texas appeals court questioned Wednesday whether it can flip an order compelling several whistleblowers at the center of a $14 million settlement with JPMorgan Chase Bank NA into arbitration, saying it may not have jurisdiction.

  • May 14, 2025

    Keep DOGE Out Of Social Security Data, Unions Tell Justices

    The U.S. Supreme Court has no reason to lift a ban on the Department of Government Efficiency accessing Social Security data, four unions argued in an amicus brief, backing two other unions in their bid to protect the injunction from the Trump administration's bid to defeat it.

  • May 14, 2025

    9th Circ. Doubts Wash. Anti-Vaxxers' Stance In Med Board Suit

    A Ninth Circuit judge expressed skepticism on Wednesday that the federal appellate court could revive Robert F. Kennedy Jr.'s suit against the Washington Medical Commission for initiating disciplinary proceedings against physicians who publicly aired anti-vaccination views, pointing out that federal courts generally "don't interfere" with ongoing state litigation.

  • May 14, 2025

    Oilify Cleared Of Infringement In Oil Field Product Patent Suit

    A Texas federal court has granted a win to the designer and distributor of a device used to separate gas and solids from oil collection in a suit accusing them of infringing a trio of patents.

  • May 14, 2025

    Ga. Justices Consider Sovereignty In Telecom Permits Case

    Georgia's justices were urged by the state Wednesday to overturn a trial court order granting summary judgment to telecommunications providers that sued to enforce prior contracts with the Georgia Department of Transportation that did not include increased permitting fees.

  • May 14, 2025

    5th Circ. Declines To Rehear SEC's Kroger Proxy Decision

    The Fifth Circuit on Wednesday declined to rehear conservative shareholders' case against the U.S. Securities and Exchange Commission over a shareholder proposal from Kroger Co.'s 2023 ballot, following a November opinion that rejected the shareholders' challenge.

  • May 14, 2025

    Colo. Justices Leery Of Speaker's Motive In Anti-SLAPP Test

    The Colorado Supreme Court on Wednesday pressed a veterinary clinic on its position that courts should consider a speaker's motivations to determine if their comments involve issues of public interest, with some justices wondering if that would create too high a bar to trigger an anti-SLAPP law.

  • May 14, 2025

    Gaming Co. Asks High Court To Undo Wash. Compacts' Order

    A casino owner and operator is asking the U.S. Supreme Court to undo a Ninth Circuit ruling that dismissed its challenge to Washington state tribal gaming compacts, arguing the case implicates an acknowledged conflict about the interplay of the Administrative Procedure Act.

  • May 14, 2025

    2nd Circ. Has Tough Questions On Nixing Medical Imaging Award

    The Second Circuit appeared divided on Wednesday on whether parties to a medical imaging joint venture could agree to designate New York courts to decide whether to vacate an arbitral award issued in Switzerland under their contract without violating an underlying treaty.

  • May 14, 2025

    Alex Jones Can't Duck $1B Sandy Hook Payout During Appeal

    Infowars host Alex Jones cannot avoid a $1.3 billion defamation judgment favoring the victims of the Sandy Hook Elementary massacre while he crafts an appeal to the U.S. Supreme Court in the hopes it accepts his final challenge to the record-breaking verdict, a Connecticut appeals court has ruled.

  • May 14, 2025

    Feds Say Ex-BigLaw Atty Must Start Prison In OneCoin Case

    Prosecutors asked a Manhattan federal judge on Wednesday to set a date for a former Locke Lord LLP partner to begin serving his 10-year prison sentence after he was convicted of helping to launder about $400 million in proceeds of the OneCoin cryptocurrency scheme.

  • May 14, 2025

    10th Circ. Chilly To Biotech's SEC Asset Freeze Challenge

    A panel of Tenth Circuit judges seemed skeptical Wednesday that a lower court had abused its discretion in granting a freeze of a biotech firm's assets in a suit brought by the U.S. Securities and Exchange Commission accusing the company and its founders of misappropriating roughly $9 million.

  • May 14, 2025

    7th Circ. Partially Revives Pregnancy Bias Suit Against Ill. DHS

    A Seventh Circuit panel on Wednesday partially reversed an Illinois federal court's decision giving the Illinois Department of Human Services a win on two former workers' claims of illegal pregnancy-related firings, saying that there are still open factual questions as to one worker.

  • May 14, 2025

    Fla. Court Won't Let State High Court Weigh Taking Query

    An en banc Florida appellate court on Wednesday refused to certify the city of Marathon's question about a factor for determining whether a taking happened to the state's high court.

  • May 14, 2025

    8th Circ. Dismisses North Dakota Native Voting Rights Dispute

    An Eighth Circuit panel vacated a North Dakota Native American voting rights dispute over whether the state's legislative body's drawing of redistricting maps violated federal law on Wednesday, saying parties don't have a private right to sue state officials over dilution claims under the Civil Rights Act.

  • May 14, 2025

    Shaky Docs Undermine SEC's $2M Trial Win, 11th Circ. Told

    A South Florida financial adviser accused of funneling investors into the $500 million Par Funding fraud scheme urged the Eleventh Circuit on Wednesday to order a do-over of a civil trial that ended with him being required to pay more than $2 million to the U.S. Securities and Exchange Commission.

  • May 14, 2025

    Risks Abound For Higher Ed As Top Court Ruling Turns 2

    Since the U.S. Supreme Court struck down affirmative action in higher education admissions, schools around the country have been looking for innovative ways to achieve diversity on campus amid constant threats of additional litigation that could make them the next high-profile high court case.

Expert Analysis

  • Jurisdictional Issues At Play In 9th Circ.'s FCA Trade Case

    Author Photo

    A decision by the Ninth Circuit in Island Industries v. Sigma Corp. could result in the U.S. Court of International Trade’s exclusive jurisdiction over trade-related FCA cases, a big shift in the enforcement landscape just as tariffs take center stage in trade policy, say attorneys at Haynes Boone.

  • Deregulation Memo Presents Risks, Opportunities For Cos.

    Author Photo

    A recent Trump administration memo providing direction to agencies tasked with rescinding regulations under an earlier executive order — without undergoing the typical notice-and-review process — will likely create much uncertainty for businesses, though they may be able to engage with agencies to shape the regulatory agenda, say attorneys at Blank Rome.

  • 4th Circ. 'Actionable Inaccuracy' Finding Deepens FCRA Split

    Author Photo

    The Fourth Circuit's March finding in Roberts v. Carter-Young Inc. that an actionable inaccuracy under the Fair Credit Reporting Act can be both legal and factual widens an existing circuit split and should prompt furnishers to review their processes for investigating readily verifiable information, say attorneys at Blank Rome.

  • Series

    Law School's Missed Lessons: Mastering Discovery

    Author Photo

    The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.

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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
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!