Should Judges Explain En Banc Votes? 6th Circ. Can't Agree

By Carolyn Muyskens

Two Sixth Circuit judges clashed Tuesday over appellate judges writing opinions to explain their votes on en banc petitions, as one longtime judge called the practice "offensive to our system of panel adjudication."

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2nd Circ. Says Allowing Biased Jury Strikes Can Be Strategic

By Elizabeth Daley

A unanimous Second Circuit panel found Wednesday that a Black man sentenced to 14 years in prison for attempted murder and other crimes cannot win release by arguing his lawyer failed to adequately object to the dismissal of Black potential jurors, saying the attorney may have been acting "strategically."

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9th Circ. Greenlights Expansive Use Of Discovery Statute

By Caroline Simson

The Ninth Circuit ruled for the first time that documents produced under a foreign discovery statute may be used in proceedings other than those identified in a petition, affirming an Oregon federal court decision in an acrimonious dispute over control of a Luxembourg-based investment fund.

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4th, 11th Circs. Shoot Down Local Gov't Cell Tower Denials

By Nadia Dreid

Both the Fourth and the Eleventh Circuits issued decisions Wednesday allowing cell tower companies to move forward with projects over the objections of local governments that denied them permission.

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DC Circ. Greenlights Trump's Freeze On Foreign Aid

By Keith Goldberg

A divided D.C. Circuit on Wednesday lifted an injunction requiring the Trump administration to release funding for foreign aid work done before Feb. 13, with a dissenting judge saying the decision lets the administration sidestep judicial review of unconstitutional actions.

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8th Circ. Revives Ark. Ban On Youth Gender-Affirming Care

By Craig Clough

A split Eighth Circuit en banc panel revived an Arkansas state law banning gender-affirming care for minors, finding that a district court erred in blocking the law because it does not discriminate based on sex but instead classifies based only on age and medical procedure.

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High Court May Take Up Ban On Under-21 Handgun Purchases

By Nadia Dreid

The U.S. Supreme Court has been asked to decide whether Congress is violating the Constitution by banning the sale of handguns to people under 21 years old, and it has given the government extra time to give its thoughts on what the justices should do.

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Analysis

Decision In $50B Yukos Case Raises Interesting Question

By Caroline Simson

The D.C. Circuit's decision last week reviving Russia's bid to escape litigation to enforce $50 billion in arbitral awards has raised what experts say remains a "very open" question — are U.S. courts obligated to defer to foreign courts that affirm an arbitral award issued under their law?

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Analysis

Cannabis' Social Equity Efforts In Doubt After 2nd Circ. Ruling

By Sam Reisman

A Second Circuit decision Tuesday, finding that the Constitution's dormant commerce clause applies to the federally illegal marijuana industry, further constricts states' ability to implement programs intended to award so-called social equity licenses favoring those harmed by past cannabis prohibition, experts told Law360.

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Rising Star: O'Melveny's Jason Zarrow

By Jack Karp

Jason Zarrow of O'Melveny & Myers LLP was instrumental in two U.S. Supreme Court victories reining in the government's prosecution of identity theft and public corruption, earning him a spot among the appellate law practitioners under age 40 honored by Law360 as Rising Stars.

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Mich. Tribe Asks High Court To Undo Great Lakes Fishing Pact

By Crystal Owens

A Michigan tribe is asking the Supreme Court to overturn a Sixth Circuit decision to uphold a 2023 decree governing fishery management in the Great Lakes, saying the document was negotiated over its objections, restricts its treaty rights and will micromanage the waters for the next quarter-century.

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High Court Asked To Review Marking Tape Patent Fight

By Adam Lidgett

The inventor of a patent covering a type of marking tape wants the U.S. Supreme Court to take up his challenge to a Federal Circuit ruling that the patent is invalid, saying issues related to jurisdiction need the high court's attention.

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DC Circ. Upholds Toss Of Video Privacy Suit Against Paper

By Allison Grande

The D.C. Circuit has refused to revive a proposed class action accusing the Washington Examiner of illegally sharing website visitors' video-viewing information with Meta, finding that the plaintiff had failed to show that she "subscribed" to the content that she accessed online rather than through her newsletter subscription.

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Brief

DC Circ. Won't Halt Noncitizen Registration Rule For Appeal

By Britain Eakin

The D.C. Circuit denied a request by immigrant rights groups to halt a policy requiring noncitizens to register with the federal government or face prosecution, while denying the Trump administration's bid to dismiss the groups' appeal.

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Fed. Circ. Throws Out $4.7M Verdict In DNA Patent Suit

By Adam Lidgett

The Federal Circuit reversed a Delaware federal jury's verdict from 2021 that found biotechnology company Qiagen Sciences LLC owed $4.7 million for infringing genetic testing patents, saying the jury's findings weren't sufficiently backed by evidence.

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Fed. Circ. Says Apple Must Face Vibration Patent Suit

By Elliot Weld

The Federal Circuit on Wednesday revived claims from Taction Technology Inc. against Apple Inc. of alleged infringement of vibration technology patents, saying a district judge was wrong to disqualify testimony from Taction's expert.

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2nd Circ. Upholds Ban On Certain SALT Cap Workarounds

By Sanjay Talwani

An Internal Revenue Service rule prohibiting charitable donation workarounds to the federal cap on state and local tax deductions will remain in place, a Second Circuit panel said Wednesday, affirming a district court determination that upheld the agency's ban on the programs.

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2nd Circ. Affirms Indemnity Ruling In Still-Pending Injury Row

By Ganesh Setty

A New York federal court didn't err in declaring that a subcontractor's insurer had a duty to indemnify a property owner in a worker's construction injury lawsuit that is still pending, the Second Circuit affirmed Wednesday, even though the underlying court later found the original indemnity agreement invalid.

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2nd Circ. Asked To Review Bid To Bar NYC Congestion Pricing

By Asha Glover

The Second Circuit should review a federal court's decision to grant the Metropolitan Transportation Authority and Triborough Bridge and Tunnel Authority's bid to dismiss a pair of lawsuits alleging Manhattan's congestion pricing tolls are discriminatory and trample on motorists' right to travel, a New York county argued Tuesday.

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Flores Cites Gruden's Win Averting Arbitration In NFL Suit

By Elaine Briseño

Fired former Miami Dolphins coach Brian Flores sent a letter to the Second Circuit arguing the recent decision by the Nevada Supreme Court not to send the dispute of former Las Vegas Raiders coach Jon Gruden to arbitration is pertinent to his efforts to avoid arbitration in his discrimination lawsuit against the NFL.

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3rd Circ. Won't Revive Prisoner's Suit Over Toe Amputation

By Parker Quinlan

A federal prisoner who was taken off his diabetes medicine, developed an infection and lost his toe cannot sue the government or a U.S. Bureau of Prisons doctor because he still has administrative remedies available, the Third Circuit ruled Wednesday.

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Trump Admin Bid To Kill SSA Data Suit Ruled Premature

By Emily Brill

The Trump administration can't fight an injunction in Maryland federal court and the Fourth Circuit simultaneously, a Maryland federal judge said Wednesday, tabling the administration's dismissal bid while the Fourth Circuit considers whether to lift a ban on the Department of Government Efficiency accessing unredacted Social Security data.

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5th Circ. Again Reverses Class Cert. In Kids' Medicaid Suit

By Catherine Marfin

The Fifth Circuit again on Tuesday instructed a Louisiana court to narrow the definition of a class of patients who allege that the state's health department has failed to provide mental health services for Medicaid-eligible children.

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6th Circ. Clarifies Class Cert. Standard In FirstEnergy Suit

By Lauren Berg

A class of FirstEnergy investors suing in the wake of a $1 billion bribery scandal should not have been certified, the Sixth Circuit ruled Wednesday, saying the district court applied the wrong standard, but indicated the class could be recertified on remand.

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9th Circ. Won't Revive JB Hunt Drivers' Pay Plan Challenge

By Emily Brill

J.B. Hunt can keep its win in a proposed class action that accused it of failing to pay its California drivers for all hours worked, the Ninth Circuit ruled, upholding a lower court's judgment that the company's wage scheme complies with state labor law.

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9th Circ. Won't Review $23M GEO Detainee Pay Ruling

By Daniela Porat

A deeply divided Ninth Circuit on Wednesday denied private detention operator GEO Group's request to review the appellate court's decision upholding $23 million in judgments against the company over its failure to pay detainees minimum wage for work behind bars.

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10th Circ. Orders Redo Of 14-Year Fentanyl Sentence

By Rae Ann Varona

The 10th Circuit on Tuesday affirmed a man's criminal conviction for conspiracy to distribute fentanyl but ordered a Wyoming federal court to redo his sentencing, saying in a published opinion that the lower court relied on unreliable hearsay from a confidential source.

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11th Circ. Revives ILA Members' Nepotism Suit Against Union

By Beverly Banks

The Eleventh Circuit revived a duty of fair representation suit from members of an International Longshoremen's Association affiliate Wednesday, finding those members plausibly alleged that the local engaged in nepotism by giving hiring priority to union leaders' family and friends.

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11th Circ. Doubts Timeliness Of Ex-NFL Player's Benefits Suit

By Kellie Mejdrich

A former NFL player's bid to restart his suit seeking additional benefits from a disability retirement plan faced tough questions at the Eleventh Circuit on Wednesday, with multiple judges questioning how his claims weren't time-barred when the record showed an initial benefits denial occurred nearly 20 years ago.

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Edible Arrangements Asks 11th Circ. To Revive Trademark Suit

By Kelcey Caulder

Attorneys for Edible Arrangements on Wednesday urged the Eleventh Circuit to overturn the dismissal of its trademark infringement suit against 1-800-Flowers, arguing a lower court wrongly found the action was barred by a prior settlement between the parties related to similar conduct.

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Ga. Defends Polling Place Food And Water Ban At 11th Circ.

By Chart Riggall

The state of Georgia urged the Eleventh Circuit on Wednesday to restore a ban on handing out food and water to voters in line after it was partially blocked by a federal district judge, telling a panel that the First Amendment controversy over the restriction shouldn't outweigh the state's interest in maintaining order at polling places.

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Texas Malpractice Case Over Atty's Nixed Conviction Revived

By Lynn LaRowe

A Texas state appellate court on Wednesday revived a malpractice case filed by a now-deceased attorney whose forgery conviction was vacated, saying the trial court must determine whether she was actually innocent before deciding whether her malpractice claim against her criminal defense lawyer can proceed.

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Fla. Court Affirms New Trial Over Boxer's Parking Brawl

By Carolina Bolado

A Florida appeals court Wednesday affirmed a decision to grant plaintiffs who sued pro boxer Shakur Stevenson over a parking garage brawl a new trial because of comments made by Stevenson's counsel during closing argument that impugned the credibility of the plaintiffs' lawyers.

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Fla. Court Rules 50% Property Transfer Resets Tax Cap

By Carolina Bolado

A Florida appeals court ruled Wednesday that the transfer of 50% ownership of a commercial property constituted a change of ownership under state law, making the property ineligible for the 10% annual cap on any increase in assessed value for property tax purposes.

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Mich. Panel Says Teen's 67-Year Term 'Does Not Pass Muster'

By Parker Quinlan

A Michigan man who was sentenced to at least 67 years in prison for crimes allegedly committed when he was 17 will be resentenced after a state appeals court ruled the punishment was unconstitutionally long.

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Wash. Court Allows Vacated Conviction DNA To Prove Rape

By Elizabeth Daley

A Washington state appeals court on Wednesday affirmed a sentence of up to life in prison for a man convicted of rape, finding the state could use DNA taken from him in connection with a vacated drug conviction to match forensic evidence because state law permitted testing any sample in possession to solve crimes.

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Regulating Online Activity After Porn Site Age Check Ruling

A recent U.S. Supreme Court decision upholding an age verification requirement for accessing online adult sexual content applied a lenient rational basis standard, raising questions for how state and federal courts will determine what kinds of laws regulating online activity will satisfy this standard going forward, say attorneys at Hogan Lovells.

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DC Circ. Ruling Augurs More Scrutiny Of Blanket Gag Orders

The D.C. Circuit’s recent ruling in In re: Sealed Case, finding that an omnibus nondisclosure order was too sweeping, should serve as a wake-up call to prosecutors and provide a road map for private parties to push back on overbroad secrecy demands, says Gregory Rosen at Rogers Joseph.

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6 Tips On Drafting Machine Learning Patents Post-Recentive

While the Federal Circuit's decision in Recentive v. Fox narrows the scope of patent-eligible machine learning applications, there are several drafting and prosecution strategies that may help practitioners navigate Section 101 challenges, say attorneys at BCLP.

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Opinion

3rd Circ. H-2A Decision Mistakenly Relies On Jarkesy

The Third Circuit's decision last month in Sun Valley v. U.S. Department of Labor found that the claims required Article III adjudication under the U.S. Supreme Court's Jarkesy decision — but there is an alternative legal course that can resolve similar H-2A and H-2B cases on firmer constitutional ground, says Alex Platt at the University of Kansas School of Law.

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Series

Law School's Missed Lessons: Negotiation Skills

I took one negotiation course in law school, but most of the techniques I rely on today I learned in practice, where I've discovered that the process is less about tricks or tactics, and more about clarity, preparation and communication, says Grant Schrantz at Haug Barron.

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Kelley Drye Hit With Class Action Over Client Data Leak

By James Boyle

Poor security measures and inadequately trained employees at Kelley Drye & Warren LLP contributed to a data breach that exposed the personal information of clients earlier this year, according to a complaint filed in New York state court seeking to form a class action.

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NJ US Atty Defends Status, Says She Is 'Validly Serving'

By Ryan Boysen

Acting New Jersey U.S. Attorney Alina Habba has hit back against criminal defendants who claim her contentious appointment violates the U.S. Constitution, saying everything is above board and a "lengthy period of acting service is not unusual."

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Water Law & Real Estate: A Special Report

By Real Estate Authority Staff

What's more summery than a trip to the shore? That's where Law360 Real Estate Authority has headed — not for a break, but for a special section looking at waterfront real estate, from coastal development challenges to big projects and the lawyers keeping them on course.

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GSA Strikes Anthropic Deal For Access To Generative AI

By Sarah Martinson

The U.S. General Services Administration has made a deal with artificial intelligence developer Anthropic for the company to offer its generative AI tool Claude to all three branches of the federal government, including courts, at the cost of $1 for a year.

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How They Won It

How A Flowchart Won $14.5M In Fla. Woman's Fraud Suit

By David Minsky

In Mireya Cambero's lawsuit against her ex-husband Jose Fernando De Matos, her attorneys at Miami-based Diaz Reus LLP had to prove fraudulent transfers but avoid confusing a jury with voluminous, uninteresting business filings. The best way to do it, they decided, was to organize their evidence in an easily digestible flowchart.

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NY Civil Rights Advocates Want ICE Holding Space Shut Down

By Marco Poggio

New York City immigrant rights advocates are calling for the closure of what appears to be an unofficial detention center for noncitizens hosted in a federal building in Lower Manhattan following a federal court injunction Tuesday that ordered U.S. Immigration and Custom Enforcement to "meet baseline conditions" inside the facility.

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Fla. Detention Center Still Blocks Atty Access, Groups Say

By David Minsky

Civil rights groups Wednesday urged a Florida federal court to grant attorneys access to detainees located at an Everglades-based immigrant detention center in a proposed class action complaint, saying people confined at the facility aren't able to petition for their release.

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Trump Taps Democratic Commissioner As Acting FERC Chair

By Keith Goldberg

President Donald Trump on Wednesday named Democratic Commissioner David Rosner as acting chair of the Federal Energy Regulatory Commission, citing his support for expanding the electric grid to better serve data centers and artificial intelligence, which is an administration priority.

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