Appellate

  • April 29, 2025

    10th Circ. Won't Touch Colo. Deportation Stay For Now

    A Tenth Circuit panel on Tuesday declined to set aside a Colorado judge's temporary halt on the removal of Venezuelan migrants under the Alien Enemies Act while the Trump administration challenges the order, because the government hasn't shown its interests would be seriously harmed otherwise.

  • April 29, 2025

    Justices Wary Of Issuing 'Advisory' Ruling In Class Cert. Row

    The U.S. Supreme Court's latest attempt to address a pressing question about class certification standards may be doomed by a procedural hiccup, with a majority of justices expressing concern Tuesday that they didn't have the authority to wade into a dispute over approval of a class that contains uninjured members.

  • April 29, 2025

    After High Court Reversal, 4th Circ. OKs Asbestos Ch. 11 Plan

    The Fourth Circuit upheld on Tuesday the Chapter 11 bankruptcy plan for Kaiser Gypsum Co. Inc. and Hanson Permanente Cement Inc., which have faced a raft of asbestos injury claims, agreeing with lower courts that the plan was reached in good faith despite one insurer's objections.

  • April 29, 2025

    Insurers Say 9th Circ. Extended Tribal Jurisdiction Too Far

    A group of insurers again urged the U.S. Supreme Court to review a Ninth Circuit decision ordering them to litigate COVID-19 coverage claims in Suquamish Tribal Court, saying Tuesday that the lower court's conception of tribal sovereignty is so broad that even the tribe is unwilling to defend it.

  • April 29, 2025

    6th Circ. Reopens Ex-Mich. County Worker's Firing Challenge

    The Sixth Circuit partially revived a former Michigan county department head's lawsuit claiming he was fired because he was in his 50s, finding Tuesday that while his age bias claim can't proceed, a reasonable jury could find he wasn't given an adequate opportunity to challenge his termination before it was finalized.

  • April 29, 2025

    Michigan Asks Justices To Sustain Remand Of Pipeline Fight

    The Michigan attorney general on Tuesday told the U.S. Supreme Court that there's no need for it to review a Sixth Circuit decision remanding to state court a lawsuit seeking to shut down an Enbridge Energy LP crude oil and natural gas pipeline.

  • April 29, 2025

    Justices Scoff At Feds' Defenses In Mistaken FBI Raid Case

    Supreme Court justices Tuesday appeared flummoxed by the government's "ridiculous" arguments it should be immune to a Georgia resident's lawsuit over a mistaken FBI raid on her house, but seemed unlikely to issue a blanket ruling on when an officer's discretion trumps their liability for injuries caused by their actions.

  • April 29, 2025

    4th Circ. Rules Honeywell Royalty Fight Belongs In Fed. Circ.

    The Fourth Circuit on Tuesday found that a fight over royalty payments between technology conglomerate Honeywell and its Japan-based rival should be kicked to the Federal Circuit, which has jurisdiction over all patent-related lawsuits.

  • April 29, 2025

    BNSF Says Tribe's $400M Trespass Win Unjustly Taps Profits

    BNSF Railway Co. has urged the Ninth Circuit to derail the nearly $400 million a trial judge ruled it owes for years of illegally running oil cars across a Washington tribe's land, saying the disgorgement judgment goes after legitimate profits far removed from where the trespassing occurred.

  • April 29, 2025

    Full Fed. Circ. Urged To Undo 'Onerous' Jepson Claim Ruling

    Xencor has urged the full Federal Circuit to review a decision rejecting its application for an antibody patent that used the so-called Jepson claim format, saying the case set an "onerous requirement" that is nearly impossible to meet and "eliminates any incentive" to use the format.

  • April 29, 2025

    Fed. Circ. Backs TM Denial Of Dark Green Gloves As Generic

    The Federal Circuit on Tuesday adopted a test for determining if trademarks are generic when considering claims on distinctive colors, affirming a trademark board precedent used to reject an Indonesian medical supply company's efforts to claim a trademark for dark green surgical gloves.

  • April 29, 2025

    Alex Jones Wants High Court Look At $1.3B Sandy Hook Case

    Bankrupt Infowars host Alex Jones will ask the U.S. Supreme Court to invalidate a mammoth libel judgment that families of Sandy Hook shooting victims secured against him and his company over his conspiratorial broadcasts calling the massacre a hoax, he told a Connecticut appellate court in seeking to extend a pause on the payout.

  • April 29, 2025

    Dominican Republic Not Immune In Postal Suit, 11th Circ. Told

    A Florida company suing the Dominican Republic over allegations it failed to pay $10 million after breaching a contract to modernize its postal service told an Eleventh Circuit panel Tuesday the country isn't exempt from legal action, arguing the country can be held liable under exceptions to the Foreign Sovereign Immunities Act.

  • April 29, 2025

    Drinkers Not Vexed By Brand In 'Sea Of Tequilas,' 5th Circ. Told

    A Fifth Circuit panel seemed hesitant to accept a U.S. tequila startup's argument that it was selling its product in a "sea of tequilas" that all have similar marks, questioning Tuesday whether its branding had enough similarities to an older Mexican brand called "Clase Azul" to confuse consumers.

  • April 29, 2025

    Union Pension Fund Wins $132M Bailout Suit At 2nd Circ.

    A union pension fund won its multimillion-dollar dispute with the Pension Benefit Guaranty Corp. on appeal Tuesday, with the Second Circuit reversing a New York federal judge's 2023 decision that the PBGC was within its rights to reject the fund's 2022 application for $132 million in financial assistance.

  • April 29, 2025

    FERC Wrongly Greenlighted Kan. Grid Projects, DC Circ. Told

    The Federal Energy Regulatory Commission unlawfully approved a Kansas electric co-operative's transmission development projects despite rejecting a regional grid operator's plan to divide the costs of such projects, the D.C. Circuit heard Monday.

  • April 29, 2025

    Breyer To Talk Pragmatism At NJ Bar Association Convention

    Retired U.S. Supreme Court Justice Stephen Breyer will bring his pragmatic legal philosophy to center stage when he appears at the New Jersey State Bar Association Convention on May 16 in Atlantic City.

  • April 29, 2025

    Ga. Commission To Interview 13 For State High Court Seat

    Georgia judges, a law school professor and the general counsel for the Georgia secretary of state are among the 13 applicants selected to be interviewed by the state's Judicial Nominating Commission for a vacant seat on the state Supreme Court.

  • April 29, 2025

    Mayer Brown Loses $1M Fee Award For Death Row Case Work

    A Texas state appellate court on Tuesday threw out roughly $1.2 million in attorney fees awarded to Mayer Brown LLP in its representation of a death row convict, finding that the law firm was not entitled to the funds under laws related to public information requests because it is not "liable" for the fees.

  • April 29, 2025

    No 'Hobson's Choice' For Foley & Lardner, Ex-Clients Say

    Two former Foley & Lardner LLP clients are slamming the law firm for telling a Texas appellate court it was faced with a "Hobson's choice" in their suit alleging the firm failed to disclose conflicts of interest.

  • April 29, 2025

    Migrants Tell 1st Circ. 3rd Country Removals Can Be Limited

    A class of immigrants has urged the First Circuit to reject the Trump administration's attempt to lift an order restricting deportations to countries where they have no prior ties, saying federal law does not bar injunctions concerning protection under the Convention Against Torture.

  • April 29, 2025

    3rd Circ. Denies Post-Gazette Bid To Tweak Benefits Order

    The publisher of the Pittsburgh Post-Gazette can't get the Third Circuit to clarify or tweak an order to put its newsroom employees back on their old health insurance plan, despite concerns from the newspaper company that it may not have been eligible to reenroll them in the plan and would rather go back to bargaining instead.

  • April 29, 2025

    OneTaste Execs Can't Get High Court Relief Over 'Stolen' Docs

    The U.S. Supreme Court on Tuesday refused to bar allegedly stolen and privileged documents from being used at the upcoming forced-labor conspiracy trial of two former OneTaste executives.

  • April 29, 2025

    Child Born After Father's Death Can Sue Iran, DC Circ. Rules

    A child in utero when her Navy special forces father was killed in an Iranian-sponsored Taliban attack can seek so-called solatium damages from Iran under the Foreign Sovereign Immunities Act's terrorism exception, just like her mother and older siblings, a D.C. Circuit panel ruled Tuesday.

  • April 29, 2025

    High Court Backs HHS In Hospital Pay Formula Dispute

    The U.S. Supreme Court on Tuesday sided with federal health officials in a challenge over a formula used to calculate billions of dollars in annual payments to hospitals treating indigent patients, saying that those entitled to Supplemental Security Income should be collecting cash payments before they're counted in the formula.

Expert Analysis

  • Lessons Learned From 2024's Top FMLA Decisions

    Author Photo

    Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.

  • 5th Circ.'s Nasdaq Ruling Another Piece In DEI Policy Puzzle

    Author Photo

    The Fifth Circuit's recent en banc opinion vacating Nasdaq's board diversity listing rule wades into the hotly debated topic of diversity, equity and inclusion initiatives at a time when many public companies are navigating the attention that DEI commitments are drawing from activists and shareholders, say attorneys at Debevoise.

  • Lessons Learned From 2024's Top ADA Decisions

    Author Photo

    Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.

  • Series

    Playing Esports Makes Me A Better Lawyer

    Author Photo

    Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.

  • The 6 Most Significant FCRA Litigation Developments Of 2024

    Author Photo

    From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.

  • Fed. Circ. In December: A Patent Prosecution History Lesson

    Author Photo

    Despite relying on two rock-solid principles of patent law, DDR lost its Federal Circuit case against Priceline.com, highlighting how a change in the scope of the invention from the provisional to the nonprovisional application can affect the court's analysis of how a skilled artisan would understand claim terms after reading the prosecution history, say attorneys at Knobbe Martens.

  • The Securities Litigation Trends That Will Matter Most In 2025

    Author Photo

    2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.

  • An Associate's Guide To Career Development In 2025

    Author Photo

    As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.

  • What To Watch For In The 2025 Benefits Landscape

    Author Photo

    While planning for 2025, retirement plan sponsors and service providers should set their focus on phased implementation deadlines under both Secure 1.0 and 2.0, an upcoming U.S. Supreme Court ruling, and the fate of several U.S. Department of Labor regulations, says Allie Itami at Lathrop GPM.

  • Reviewing 2024's Crucial Patent Law Developments

    Author Photo

    As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.

  • Contract Disputes Recap: Adjustments, Preclusion, Waivers

    Author Photo

    Ken Kanzawa at Seyfarth examines three recent decisions from the Civilian Board of Contract Appeals, the U.S. Court of Federal Claims and the Armed Services Board of Contract Appeals that examine distinctions between requests for equitable adjustments and claims, forum selection and res judicata, and the waiver of penalties for expressly unallowable costs.

  • The Justices' Securities Rulings, Dismissals That Defined '24

    Author Photo

    The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.

  • 10 Noteworthy CFPB Developments From 2024

    Author Photo

    In a banner year for consumer finance regulation, the Consumer Financial Protection Bureau made significant strides in its efforts to rein in Big Tech and nonbank financial firms, including via rules regarding open banking, credit card late fees, and buy now, pay later products, say attorneys at Wiley.

  • Series

    Fixing Up Cars Makes Me A Better Lawyer

    Author Photo

    From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.

  • 2024 Has Been A Momentous Year For ESG

    Author Photo

    Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.

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.
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!