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October 20, 2025
Justices To Review Federal Arbitration Exemption Again
The U.S. Supreme Court agreed Monday to take up a worker misclassification suit that could further refine an exemption to the Federal Arbitration Act.
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October 17, 2025
7th Circ. Backs Biz Owner's Ponzi Conviction, 7-Year Sentence
A Seventh Circuit panel on Friday upheld the wire fraud conviction and 90-month prison sentence handed to a business owner who lied to investors about the company's financial health and how it would use their money, saying there was ample evidence of the defendant's intent to defraud and misuse investor funds.
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October 17, 2025
DC Circ. Denies DOJ Bid For Shutdown Delay In CFPB Case
The D.C. Circuit said Friday it will not delay briefing in the Consumer Financial Protection Bureau layoffs case as the government shutdown drags on, rejecting a Trump administration request for a deadline extension tied to the lapse in federal funding.
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October 17, 2025
NC High Court Overturns Evidence Rule In Drug Case
North Carolina's highest court overturned its own precedent on Friday and reversed a unanimous appeals court ruling, deciding to allow cell site location data as evidence in a drug-trafficking case and asserting that the state had the same good faith exceptions to privacy protections as federal law.
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October 17, 2025
NC High Court Tightens Rules On Review Of Jury Bias Claims
A divided North Carolina Supreme Court on Friday admonished an intermediate appellate court for its use of a legal doctrine that allows expanded appellate review in instances where attorneys are alleged to have used racial bias in striking potential jurors from serving, reaffirming the narrow scope of the doctrine.
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October 17, 2025
Injury Law Roundup: Uber Wins Bellwether Sex Assault Trial
In our inaugural Injury Law Roundup, juries in the Golden State were busy as Uber won a closely watched sexual assault trial and Johnson & Johnson got crushed with a near $1 billion verdict in a talc case, while Boies Schiller Flexner LLP admitted to an artificial intelligence gaffe in a sex-assault-related case. Here, we put Law360 readers on notice of what's been recently trending in personal injury and medical malpractice news.
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October 17, 2025
Trump Urges Top Court To Lift Ill. Guard Deployment Ban
The Trump administration asked the U.S. Supreme Court Friday to pause a court order barring it from sending the National Guard to Chicago, asserting the judge had no business impeding the president's decision that troops are needed to protect federal immigration agents there.
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October 17, 2025
Chamber Urges 5th Circ. To Rehear Ex-Bank CEO's FDIC Case
The U.S. Chamber of Commerce and other libertarian advocacy groups urged the Fifth Circuit on Friday to reconsider a panel ruling shielding the Federal Deposit Insurance Corp.'s in-house courts from a constitutional challenge, arguing the decision defies U.S. Supreme Court precedent and leaves bank officials "trapped in the bureaucratic machinery" of juryless agency prosecutions.
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October 17, 2025
11th Circ. Affirms Toss Of Alabama Jail Sexual Assault Suit
A divided Eleventh Circuit on Friday upheld a lower court win by administrators of an Alabama jail who were sued by former inmates over alleged sexual abuse suffered at the hands of their jailers, finding the former inmates failed to show a link between the administrators and the alleged abuse.
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October 17, 2025
Justices Urged To Review Circ. Split Over SEC Disgorgement
A man accused by the U.S. Securities and Exchange Commission of participating in a $6 million pump-and-dump scheme is calling on the U.S. Supreme Court to review a circuit split that he says has created "intolerable confusion" over when the agency can collect disgorgement.
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October 17, 2025
Florida Court Backs County's Switch To At-Large Voting
A Florida state appeals court greenlit a county's resident-approved referendum to discard single-district elections and to switch back to an at-large voting system, ruling that the language listed in the ballot measure properly followed state law.
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October 17, 2025
8th Circ. Partially Reverses $14.6M Warehouse Damage Award
An Arkansas federal court correctly determined that a manufacturer of vacuum products breached its lease with a warehouse owner by failing to purchase insurance coverage equal to the warehouse property's "full replacement cost," the Eighth Circuit ruled Friday, though partially reversing the court's nearly $14.6 million damages award.
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October 17, 2025
Texas Appeals Court Revives Yelp Abortion Notice Suit
The statewide Texas appeals court revived Texas' claims that Yelp misled customers about crisis pregnancy centers' limited services, finding that a lower court got it wrong by tossing the suit for lack of personal jurisdiction.
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October 17, 2025
Fla. Panel Urged To Revive Defamation Suit Over Peacock Doc
A woman alleging she was falsely portrayed by a Peacock docuseries character as a pimp and sex worker urged a Florida appeals court Friday to revive her defamation lawsuit against the network, arguing her case should go before a jury.
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October 17, 2025
NC Justices Curb Agency Deference In Prof's Firing Case
Courts in North Carolina are bound by a "constitutional command" to review legal questions anew rather than defer to agency interpretation, the North Carolina Supreme Court ruled Friday in a case from an ex-professor alleging his free speech rights were violated when he was fired.
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October 17, 2025
Pa. Court Voids $1.75M Judgment, Affirms Insurer's Bad Faith
The Pennsylvania Superior Court affirmed Friday that Erie Insurance Exchange acted in bad faith when it withheld payment from its insured following arbitration over a claim for underinsured motorist benefits, but vacated a $1.75 million judgment against the insurer based on improper calculations of attorney fees and interest.
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October 17, 2025
1st Circ. Axes Claims For Unpaid Hurricane Maria Work
The First Circuit has told a Puerto Rico federal court to throw out a payroll company's claims against a contractor for allegedly failing to pay $1.4 million in labor costs for rebuilding projects after Hurricane Maria swept through the island.
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October 17, 2025
Ex-SEC Officials Support Activist Investor Before High Court
Two former U.S. Securities and Exchange Commission members are among those calling on the U.S. Supreme Court to uphold the ability of investors to sue funds over contracts that violate federal securities laws, saying that the SEC does not have the resources to go after every alleged wrongdoer.
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October 17, 2025
11th Circ. Ruling Could Unravel Strict ERISA Exhaustion Rule
A recent Eleventh Circuit decision opens up a route for overturning the appellate court's strictest-in-the-nation precedent requiring administrative exhaustion of all claims brought under the Employee Retirement Income Security Act, attorneys say, given that two judges in a panel concurrence advocated for such action following en banc review.
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October 17, 2025
Texas Appeals Court Clears River Authority Of Flood Claim
A Texas appeals court found that the San Jacinto River Authority had governmental immunity when it decided to release water from its Lake Conroe reservoir during a hurricane, saying it took a good faith action even though the decision damaged some properties.
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October 17, 2025
3rd Circ. Says No Duty To Inform Criminal Clients Of Liability
The Third Circuit in a precedential ruling Friday declined to apply immigration precedent concerning counsel's obligation to advise their criminal defendant clients about deportation risks associated with prosecutions to the civil setting, holding that the standard applies only in highly specific circumstances.
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October 17, 2025
Fed. Circ. Reopens Grid Construction Contract Fight
The Federal Circuit on Friday again revived a company's long-running lawsuit over the termination of its contract to build an electrical substation serving a federally owned portion of the grid, saying a lower court wrongly dismissed the case.
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October 17, 2025
3rd Circ. Won't Rethink IRS Collections For Preparer Fraud
The Third Circuit declined Friday to reconsider a panel decision allowing the IRS to pursue a woman's unpaid taxes more than 20 years later — well after the normal three-year deadline — because her return preparer committed fraud on her filings without her knowledge.
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October 17, 2025
Green Biz Group Says Enbridge Exaggerating Pipeline Stakes
An environmental advocacy group made up of Great Lakes businesses told the U.S. Supreme Court on Friday that Enbridge Energy LP and its supporters are overstating claims that shutting down a Michigan segment of one of its petroleum pipelines will threaten energy security.
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October 17, 2025
Georgia Justices Affirm Stormwater Charge Is Fee, Not Tax
A stormwater utility charge levied by a local government in Georgia is a fee, not a tax, the state Supreme Court said, upholding a trial court's finding that the charge did not violate the state constitution's uniformity provision on property taxation.
Expert Analysis
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With Obligor Ruling, Ohio Justices Calm Lending Waters
A recent decision by the Ohio Supreme Court, affirming a fundamental principle that lenders have no duty to disclose material risks to obligors, provides clarity for commercial lending practices in Ohio and beyond, and offers a reminder of the risks presented by guarantee arrangements, says Carrie Brosius at Vorys.
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'Solicit' Ruling Offers Proxy Advisers Compliance Relief
The D.C. Circuit recently found that proxy voting advice does not fall under the legal definition of "solicitation," significantly narrowing the U.S. Securities and Exchange Commission's regulatory power over such advisers, offering stability to the proxy advisory industry and providing temporary relief from new compliance burdens, say attorneys at Sheppard Mullin.
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7th Circ. FLSA Notice Test Adds Flexibility, Raises Questions
In Richards v. Eli Lilly, the Seventh Circuit created a new approach for district courts to determine whether to issue notice to opt-in plaintiffs in Fair Labor Standards Act collective actions, but its road map leaves many unanswered questions, says Rebecca Ojserkis at Cohen Milstein.
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How 2nd Circ. Cannabis Ruling Upends NY Licensing
A recent Second Circuit decision in Variscite NY Four v. New York, holding that New York's extra-priority cannabis licensing preference for applicants with in-state marijuana convictions violates the dormant commerce clause, underscores that state-legal cannabis markets remain subject to the same constitutional constraints as other economic markets, say attorneys at Harris Beach.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Enablement Standard Insights From Fed. Circ. Agilent Ruling
The Federal Circuit's recent enablement standard decision in Agilent v. Synthego underscores three critical takeaways for patent practitioners, including reaffirmation that the enablement inquiry under Section 102 of the Patent Act is distinct from the inquiry under Section 112, say attorneys at MoFo.
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Class Actions At The Circuit Courts: September Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses seven decisions pertaining to attorney fees in class action settlements, the predominance requirement in automobile insurance cases, how the no mootness exception applies if the named plaintiff is potentially subject to a strong individual defense, and more.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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The Crucial Question Left Unanswered In EpicentRx Decision
The California Supreme Court recently issued its long-awaited decision in EpicentRx Inc. v. Superior Court, resolving a dispute regarding the enforceability of forum selection clauses, but the question remains whether private companies can trust that courts will continue to consistently enforce forum selection clauses in corporate charters, says John Yow at Yow PC.
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5 Key Steps To Prepare For Oral Arguments
Whether presenting oral arguments before the U.S. Supreme Court or a local county judge, effective preparation includes the same essential ingredients, from organizing arguments in blocks to maximizing the potential of mock exercises, says Allison Rocker at Baker McKenzie.
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Maryland High Court Ruling Clarifies Claim Assignment
In its recent opinion in Featherfall Restoration, the Maryland Supreme Court reemphasized a policyholder's ability to assign a claim despite the presence of general liability policy language requiring an insurer's written consent, nevertheless highlighting the importance of specific wording, say attorneys at Bradley Arant.
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Why EpicentRx Ruling Is A Major Win For Business Certainty
The California Supreme Court's recent decision in EpicentRx v. Superior Court removes a significant source of uncertainty that plagued commercial litigation in California by clarifying that forum selection clauses shouldn't be invalidated solely because the selected forum lacks the right to a jury trial, say attorneys at Clark Hill.
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9th Circ. Finding That NFTs Are Goods Will Change TM Law
The Ninth Circuit's recent ruling in Yuga Labs v. Ripps establishes that NFTs have real, commercial value under U.S. federal trademark law, a new legal precedent that may significantly influence intellectual property enforcement and marketplace policies regarding digital assets going forward, say attorneys at Wilson Elser.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Union Interference Lessons From 5th Circ. Apple Ruling
The Fifth Circuit's recent holding that Apple did not violate the National Labor Relations Act during a store's union organizing drive provides guidance on what constitutes coercive interrogation and clarifies how consistently enforced workplace policies may be applied to union literature, say attorneys at Proskauer.