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Appellate
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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.
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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.
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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.
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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.
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May 14, 2025
11th Circ. Won't Reopen White DOD Worker's Race Bias Suit
The Eleventh Circuit refused to revive a commissary worker's lawsuit claiming the U.S. Department of Defense threatened to suspend her over a Black colleague's false accusations that she'd used a racial slur, ruling Wednesday that she failed to show the agency proposed the discipline because she's white.
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May 14, 2025
9th Circ. Says Trustee Is Liable Under New Social Media Test
A California school board member violated the First Amendment when she blocked two parents from making comments on her public Facebook and Twitter pages, the Ninth Circuit ruled Wednesday, reaffirming a district court's judgment after applying the U.S. Supreme Court's new state-action test.
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May 14, 2025
Retrial Needed After Juror's Indecision, Conn. Justices Told
A convicted murder defendant asked the Connecticut Supreme Court on Wednesday to grant him a new trial, arguing that a Superior Court judge did not do enough to question whether a juror who wasn't sure about her verdict while being polled might have been coerced during deliberations.
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May 14, 2025
3M Payment Satisfied Policy Requirements, Del. Justices Told
An attorney for 3M and its subsidiary Aearo Technologies argued that the parent company's payment of defense costs in multidistrict litigation over combat earplugs satisfied the self-insured retention of the subsidiary's insurance policies, telling the Delaware Supreme Court on Wednesday the insurers "got exactly what they bargained for."
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May 14, 2025
Houston Midwife Says AG Has No Evidence To Close Clinics
A Houston-area midwife who was arrested earlier this year on a charge of providing an illegal abortion is arguing to a state appellate court that Texas Attorney General Ken Paxton "came nowhere close to meeting the state's burden" in his bid to shut down her clinics.
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May 14, 2025
Fla. High Court Asked If Parents Can Dispute Kids' Abortions
A Florida appellate court on Wednesday upheld a decision denying a 17-year-old to terminate her pregnancy without her father's consent, but certified a question of great public importance on whether parents have due process rights under the state's maturity and best-interest judicial waiver procedures.
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May 14, 2025
7th Circ. Judge Skeptical Of Bias In Exxon Worker's Firing
A Seventh Circuit judge on Wednesday questioned what evidence a former employee asking the court to revive her discrimination and retaliation lawsuit against ExxonMobil had to refute the company's assertion that it fired her after she behaved unprofessionally and stormed out of a negative performance review.
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May 14, 2025
Trump's Unorthodox US Atty Picks May Face Learning Curve
While some of President Donald Trump's picks for U.S. attorney fit the typical mold — former federal prosecutors and BigLaw alums — others lack the type of court experience that can be crucial for effective office management and earning the respect of judges, experts say.
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May 14, 2025
Pa. Justices Seem OK With Transit Crimes Special Prosecutor
Elements of Pennsylvania's Constitution seem to support the Legislature's ability to single out Philadelphia and its district attorney, Larry Krasner, for special treatment in a law establishing a "special prosecutor" for crimes committed within its regional transit agency, several state Supreme Court justices suggested during arguments on Krasner's challenge to the law Wednesday.
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May 14, 2025
Mich. City Seeks Immunity From Great Lakes Drowning Suit
The lakeside city of South Haven, Michigan, told a state appeals court panel on Wednesday that it does not operate its beaches primarily for profit, meaning it is entitled to governmental immunity and should be released from a drowning victim's lawsuit.
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May 14, 2025
Judge Orders Boeing To Share Disclosures, Allow Depositions
A Virginia federal judge has said Boeing must share disclosures about its "false-stamping" of aircraft testing with three state pension systems that accuse the company and its executives of putting profits over safety, and that some board members must sit for depositions.
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May 14, 2025
10th Circ. Wary Of Hemp Interests' Challenge To Wyoming Law
A Tenth Circuit panel on Wednesday appeared skeptical that a Wyoming state law regulating hemp-derived intoxicating products was preempted by the federal law legalizing hemp nationwide.
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May 14, 2025
Judge Who Defended Remarks As 'Dad Jokes' Is Suspended
The Florida Supreme Court on Wednesday suspended a state judge pending disposition of allegations that he made inappropriate jokes and comments while overseeing a criminal docket that he claimed were mostly inoffensive "dad jokes."
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May 14, 2025
Gibson Dunn Launches State Attorneys General Task Force
Gibson Dunn & Crutcher LLP has created a state attorneys general task force made up of subject matter experts and former government attorneys based in offices across the country, in what the firm says is an effort to improve services for clients across a range of subject matters and industries.
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May 14, 2025
Judiciary To Share Pros, Cons Of AI For Courts With Congress
The federal judiciary is looking at the benefits and drawbacks of artificial intelligence for the court system and will share its discoveries with Congress, top officials testified on Wednesday.
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May 14, 2025
Judge Beats Ex-Law Student's Suit At 11th Circ.
The Eleventh Circuit on Wednesday largely upheld the dismissal of a suit from a former law student and federal prosecutors' intern accusing a Florida federal judge and government attorneys of ruining his job prospects, finding that the judge has immunity while the lawyers' acts were mostly part of their jobs.
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May 14, 2025
4th Circ. Blocks Staffing Workers' Class Cert. Appeal
The Fourth Circuit will not take up an appeal of staffing firm employees challenging a North Carolina federal court's order denying a class certification bid in their minimum wage suit.
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May 14, 2025
DOJ Says No Hiring Private Counsel From Firms Suing US
Deputy Attorney General Todd Blanche has issued a memo directing the U.S. Department of Justice to avoid engaging with firms that are suing the government over its policies or that represent clients in similar suits.
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May 14, 2025
Grassley Targets Universal Injunctions In Budget Negotiations
Sen. Chuck Grassley, R-Iowa, chair of the Senate Judiciary Committee, is looking to address universal injunctions as part of the budget reconciliation process, Law360 has learned.
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May 13, 2025
Wells Fargo Asks 9th Circ. To Undo 'Sham' Hiring Class Cert.
Wells Fargo has asked the Ninth Circuit to intervene and undo the class certification granted to investors who have claimed that the bank's alleged practice of conducting "sham" interviews to meet diversity quotas harmed the bank's stock price when the truth came to light.
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May 13, 2025
Asterisk Doesn't Save CVS In Sanitizer Row, 9th Circ. Told
An attorney for a man suing CVS Pharmacy urged the Ninth Circuit on Tuesday to revive his claims alleging the company misled consumers with a promise its hand sanitizer kills 99.99% of germs, arguing the asterisk on the front label does not clear the company of wrongdoing despite a recent ruling from the circuit that gives significance to that type of asterisk.
Expert Analysis
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.
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Takeaways From Oral Argument In High Court Trademark Case
Unpacking oral arguments from Dewberry Group v. Dewberry Engineers, which the U.S. Supreme Court is expected to rule on this year, sheds light on the ways in which the decision could significantly affect trademark infringement plaintiffs' ability to receive monetary damages, say attorneys at Buchanan Ingersoll.
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In-House Counsel Pointers For Preserving Atty-Client Privilege
Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.
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4 Potential Effects Of 3rd Circ.'s Coinbase Ruling
The Third Circuit's recent landmark decision in Coinbase v. U.S. Securities and Exchange Commission that the SEC's refusal to engage in rulemaking to clarify its stance on crypto enforcement was "insufficiently reasoned" could have wide-ranging impacts, including on other cases, legislation and even the SEC's reputation itself, says Daniel Payne at Cole-Frieman.
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Disability Ruling Guides On Cases With Uncertain Causation
In Dime v. MetLife, a Washington federal court’s recent ruling in favor of a disability claimant instructs both claimants and insurers on the appropriate standard for establishing and making a disability determination when there is limited medical evidence explaining the disability’s cause, says Mark DeBofsky at DeBofsky Law.
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National Bank Act Rulings Facilitate More Preemption Analysis
Two recent National Bank Act preemption decisions from an Illinois federal court and the Ninth Circuit provide the first applications of the U.S. Supreme Court’s May ruling in Cantero v. Bank of America, opening the potential for several circuit courts to address the issue this year, say attorneys at Moore & Van Allen.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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Opinion
New DOJ Leaders Should Curb Ill-Conceived Prosecutions
First-of-their-kind cases have seemingly led to a string of overly aggressive prosecutions in recent years, so newly sworn-in leaders of the U.S. Department of Justice should consider creating reporting channels to stop unwise prosecutions before they snowball, says Jonathan Porter at Husch Blackwell.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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What Justices' FLSA Ruling Means For 2-Step Collective Cert.
The U.S. Supreme Court's recent decision in EMD Sales v. Carrera may have sounded the death knell for the decades-old two-step process to certify collective actions under the Fair Labor Standards Act, which could lead more circuits to require a preponderance of the evidence showing that members are similarly situated, says Steven Katz at Constangy.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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SEC Motion Response Could Reveal New Crypto Approach
Cumberland DRW recently filed to dismiss the U.S. Securities and Exchange Commission’s enforcement action against it for the unlawful purchase and sale of digital asset securities, and the agency's response should unveil whether, and to what extent, the Trump administration will relax the federal government’s stance on digital asset regulation, say attorneys at O'Melveny.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Perspectives
DC Circ. Cellphone Ruling Upends Law Enforcement Protocol
The D.C. Circuit’s recent U.S. v. Brown decision, holding that forcibly requiring a defendant to unlock his cellphone with his fingerprint violated the Fifth Amendment, has significant implications for law enforcement, and may provide an opportunity for defense lawyers to suppress electronic evidence, says Sarah Sulkowski at Gelber & Santillo.
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The Post-Macquarie Securities Fraud-By-Omission Landscape
While the U.S. Supreme Court's 2024 opinion in Macquarie v. Moab distinguished inactionable "pure omissions" from actionable "half-truths," the line between the two concepts in practice is still unclear, presenting challenges for lower courts parsing statements that often fall within the gray area of "misleading by omission," say attorneys at Katten.