Analysis

Why The Harvard Funding Case Is 'Clear As Mud' On Appeal

By Chris Villani

A sweeping Harvard University victory in a suit challenging President Donald Trump's block on $2.2 billion in grant funding tees up a high-stakes appeal that experts say may turn on a wonky jurisdictional issue on which the U.S. Supreme Court seems to lack any sort of consensus.

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'Tone Matters,' Justice Kavanaugh Tells Fellow Judges

By Carolyn Muyskens

U.S. Supreme Court Justice Brett Kavanaugh said the judiciary should recommit to using cool-headed and civil language in their writing and spoke about the difficulties the court faces in handling a flood of emergency relief cases at a conference Thursday. 

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NY AG Appeals Toss Of $500M Trump Fine In Civil Fraud Case

By Cara Salvatore

New York's attorney general said Thursday she will challenge an appeals court's decision to throw out what it called an "excessive" $489 million civil fraud penalty against President Donald Trump and his sons, his companies, and executives of his companies.

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Gov't Urges Justices To Fast-Track Emergency Tariff Suit

By Dylan Moroses

The U.S. Supreme Court must consider under a proposed fast-track schedule the Federal Circuit's finding of President Donald Trump's emergency tariffs as unlawful or jeopardize the recent bilateral trade agreements and the improvements to the U.S. economy as a result of those duties, the administration said.

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Gov't Backs Funds Against Activist Investor Before High Court

By Katryna Perera

The federal government and the U.S. Chamber of Commerce have filed amicus briefs in support of a group of investment funds that are asking the U.S. Supreme Court to constrain the rights of private parties to file lawsuits under the Investment Company Act.

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Chevron, Exxon Kick Off High Court La. Pollution Case

By Juan-Carlos Rodriguez

Chevron and Exxon Mobil Corp. on Thursday asked the U.S. Supreme Court to overturn the Fifth Circuit's ruling that Louisiana state court, not federal court, is the proper venue for claims that their World War II-era oil production activities violated state law.

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Ill. Toymakers Ask Justices To Resolve Tariff Suit Venue Split

By Dylan Moroses

A pair of toymakers asked the U.S. Supreme Court Thursday to resolve a jurisdictional dispute concerning challenges to President Donald Trump's emergency tariffs, saying the justices should hear their case at the D.C. Circuit along with the federal government's just-filed appeal of a Federal Circuit decision that invalidated Trump's tariffs.

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NJ Transit Urges Justices To Affirm Its Sovereign Immunity

By Carla Baranauckas

New Jersey Transit is a sovereign arm of the state of New Jersey and should be immune from out-of-state lawsuits according to U.S. Supreme Court precedent, attorneys for the agency told the justices in a brief filed Thursday.

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Justices Asked To Block FTC Commissioner Reinstatement

By Matthew Perlman

The Trump administration asked the U.S. Supreme Court on Thursday to block the reinstatement of Democratic Federal Trade Commissioner Rebecca Slaughter while it appeals a ruling that found her firing was illegal, and also asked the high court to take up the case.

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Enbridge Asks High Court To Reverse Pipeline Remand Ruling

By Joyce Hanson

Enbridge Energy has pushed the U.S. Supreme Court to reverse a Sixth Circuit decision saying the company missed a deadline to transfer to federal court a suit by Michigan's attorney general seeking to block a pipeline, arguing the attorney general failed to show the removal process was untimely.

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Generic Drug Org Backs MSN In High Court Entresto Appeal

By Theresa Schliep

The Association for Accessible Medicines has thrown its weight behind MSN Pharmaceuticals in the company's U.S. Supreme Court challenge to a Federal Circuit decision blocking its generic version of Novartis' blockbuster cardiovascular drug Entresto, saying Wednesday that the appeals court took the wrong approach to patent validity.

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DC Circ. Probes NLRB's 'Successor' Bar After Loper Remand

By Braden Campbell

A D.C. Circuit panel pressed a National Labor Relations Board attorney Thursday to identify the board's legal basis for its so-called successor bar in a case that asks the court to ponder its deference to the NLRB following last year's U.S. Supreme Court ruling scaling back courts' respect for agencies' views.

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Feds Seek Stay On Court Order Releasing Foreign Aid Billions

By Bonnie Eslinger

The Trump administration urged the D.C. Circuit on Thursday to stay a federal judge's order that it release billions in frozen foreign aid pending its appeal, saying the disbursement will likely be "impossible" to recover according to the international aid organization plaintiffs' "own description of their financial condition."

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Fed. Circ. Backs Motorola Camera Lens Patent Win At PTAB

By Adam Lidgett

The Federal Circuit on Thursday upheld the Patent Trial and Appeal Board's finding that smartphone maker Motorola was able to prove that claims in an imaging lens system patent owned by a Taiwanese company were invalid.

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Analysis

Beer, Wings, Patents: Tackling The Latest IP Football Fights

By Theresa Schliep

As this NFL season kicks off, a copyright fight stemming from the statue of a famed Detroit Lions player and a suit from a former New York Jets player over his portrayal in the sports documentary series "30 for 30" are brewing in the courts.

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Doc Tells 1st Circ. Acquitted Conduct Marred Drug Sentence

By Stewart Bishop

A Massachusetts psychiatrist convicted over an alleged scheme to import and dispense nonapproved forms of addiction medication on Thursday told the First Circuit the trial judge wrongly ran afoul of limitations on the consideration of acquitted conduct in federal sentencings when handing him a three-year prison term.

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1st Circ. Finds 'Just Enough' Evidence For USPS Bias Trial

By Anne Cullen

The First Circuit on Thursday breathed new life into a former U.S. Postal Service worker's case alleging she was skipped over for promotion because of her sex, concluding that her interviewer's remark about the feasibility of a woman in the job raises "serious questions."

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2nd Circ. Says Prison Violated Tribal Rights Of Two Inmates

By Crystal Owens

Two Native American inmates can pursue their First Amendment claims against Connecticut prison officials after they were barred from participating in sweat lodge and smudging ceremonies, the Second Circuit determined, saying there was no penological justification for the request denials.

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3rd Circ. Preview: Sept. Features Biosimilars, Gambling Cases

By P.J. D'Annunzio

The Third Circuit's September argument lineup is packed with cases centering on the biosimilars segment of the pharmaceutical industry and gambling companies embroiled in disputes originating from New Jersey.

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Split 3rd Circ. Rejects Janssen, Bristol Myers Pricing Appeal

By Hailey Konnath

A split Third Circuit panel Thursday shot down another challenge to the Medicare drug pricing negotiation, this time rejecting a consolidated appeal from Bristol Myers Squibb and Janssen and upholding a lower court's finding that the program is indeed voluntary and therefore constitutional.

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4th Circ. Affirms Gardasil's Vaccine Table Inclusion

By Craig Clough

A unanimous Fourth Circuit panel affirmed Thursday that adding the human papillomavirus vaccine Gardasil to the Vaccine Act's injury table did not violate the U.S. Constitution, rejecting three plaintiffs' arguments that the Secretary of Health and Human Services lacks the authority to make additions to the table without an act of Congress.

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Door Maker Asks 4th Circ. To Kill Landmark Divestiture Order

By Nadia Dreid

Door maker Jeld-Wen is accusing a rival who convinced a court to order a landmark divestiture as part of its antitrust case of moving the goalposts now that it's out of hot water, telling a Fourth Circuit that the forced sale is no longer necessary.

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Feds Stand By $10M Medicare Fraud Conviction At 4th Circ.

By Nadia Dreid

The Fourth Circuit should uphold the six-year sentence of a physician assistant who was found guilty of Medicare fraud after prosecutors said he rubber-stamped bogus prescriptions for genetic testing worth about $10 million, the government told the court.

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5th Circ. Seems Open To United Workers' COVID Vax Class

By Vin Gurrieri

The Fifth Circuit wrestled Thursday with allowing a group of United Airlines employees to pursue classwide claims that they were illegally forced to take unpaid leave after seeking exemptions from the company's COVID-19 vaccine mandate, with two judges appearing receptive to letting a certification order stand.

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5th Circ. Panel Presses NLRB Over 'Menu Of Remedies' 

By Spencer Brewer

A Fifth Circuit judge pushed counsel for the National Labor Relations Board to explain why make-whole remedies should cover things like late fees on credit cards or child care costs, asking Thursday if the agency wished to put companies out of business.

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5th Circ. Ponders If Lack Of Vote Can Beget Takings Claim

By Spencer Brewer

A Fifth Circuit judge pushed counsel for real estate ownership entities to explain how a Texas city council declining to grant a time extension could give rise to a claim that the state interfered with private rights, saying Thursday the city council seemingly just did nothing.

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PBM Rule Included In DOL Benefits Arm's Regulatory Update

By Kellie Mejdrich

The U.S. Department of Labor's employee benefits arm detailed several new regulations in the works Thursday, including a new fee disclosure rule involving pharmacy benefit managers and plans to revisit retirement plan fiduciary investment advice regulations, according to the administration's latest regulatory update.

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7th Circ. Doubts Investor's Priority To $2.5M In Fraud Funds

By Celeste Bott

Seventh Circuit judges seemed skeptical Thursday of a real estate banking firm's argument it should have been prioritized over other investors with respect to proceeds from the liquidation of assets related to an alleged $135 million Ponzi scheme, pointing to evidence the firm noticed red flags but dropped the ball in investigating.

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7th Circ. Mulls Ex-Cushman & Wakefield GC's Defamation Row

By Celeste Bott

A Seventh Circuit panel on Thursday asked an attorney for Cushman & Wakefield's former general counsel, who has alleged a Law.com article about his departure was defamatory, if there was any reasonable interpretation of the story other than his claim that it linked his termination with his handling of the firm's involvement in an investigation into President Donald Trump.

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9th Circ. Affirms Dismissal Of Google-Apple Antitrust Suit

By Craig Clough

The Ninth Circuit on Thursday affirmed a lower court's decision dismissing a lawsuit alleging an antitrust conspiracy between Apple and Google over search engine technology, agreeing with the lower court that a restaurant meeting between the companies' CEOs is not sufficient evidence to back up the claims. 

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10th Circ. Revives Suit Over Colo.'s Police Info Disclosure Law

By MJ Koo

The Tenth Circuit, in reversing a lower court's ruling, said a former process server can move forward with his challenge to a Colorado law restricting the disclosure of police officers' personal information, finding he has standing because the law could affect the server's development of "CopScore," a data-driven project aimed at police accountability.

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10th Circ. Ends Huffing Death Product Liability Suit

By Jonathan Capriel

The Tenth Circuit refused to revive a Kansas man's proposed class action seeking damages against the makers of canned compressed air after his adult son fatally inhaled their product, saying the manufacturers can't be held liable because intentionally huffing the toxic gases in the product is against state law.

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10th Circ. Backs Firearms Ban For Those Under Indictment

By Parker Quinlan

The Tenth Circuit has upheld a ban on receiving firearms while under federal criminal indictment, finding a Utah man did not have his rights violated under the U.S. Supreme Court's recent Bruen decision.

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11th Circ. Says 'Alligator Alcatraz' Can Stay Open For Now

By Rae Ann Varona

A split Eleventh Circuit Thursday paused a Florida federal judge's order that preliminarily ordered the federal government to begin winding down the immigration detention center dubbed "Alligator Alcatraz," saying the government likely didn't need to prepare an environmental impact report for the facility built on the Florida Everglades.

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11th Circ. Buries Ex-Atlanta Worker's Harassment Suit

By Chart Riggall

The Eleventh Circuit won't revive a former city of Atlanta worker's suit alleging she was harassed and fired after reporting sexual harassment from a co-worker, a three-judge panel has decided, finding that she offered "no evidence" that her termination wasn't because of her refusal to return to work after months away.

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Calif. High Court Nixes Death Sentence Over Gang Law Shift

By Brandon Lowrey

The California Supreme Court on Thursday reversed the convictions of a prisoner on Death Row, saying developments in legislation and case law defining gang involvement have invalidated his death sentence.

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Texas Prosecutor's Race Remarks Endanger Murder Sentence

By Brandon Lowrey

A Texas prosecutor "went too far" by telling jurors in a punishment trial that the defendant murdered his victim because he was prejudiced against Hispanic people, the state's highest criminal court has ruled, ordering a lower court to assess whether that comment could have led to a harsher sentence.

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Conn. Justices Don't Create Notice Duty For Insurance Agents

By Brian Steele

An insurance agency had no duty to tell a Connecticut couple that their homeowners' policy was at risk of nonrenewal before an accidental fire destroyed their house, the Connecticut Supreme Court ruled Thursday, affirming that it is a carrier's job to try to notify policyholders when continuation of coverage is on the line.

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Yale Hospital's Info Request Upheld In $435M Property Suit

By Aaron Keller

Three third-party hospital real estate holding companies and their corporate parent cannot challenge a decision requiring them to give records to Yale New Haven Health Services Corp. for its $435 million asset sale dispute with bankrupt Prospect Medical Holdings Inc., a Connecticut appeals court has ruled.

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Court Revives Hertz's Claims Against AAA Over Untowed Car

By Carolina Bolado

A Florida appeals court on Wednesday revived Hertz's third-party claims against the American Automobile Association over a rental car left untowed on a Miami causeway, ruling that a previous decision barring an injured driver's negligence suit does not eclipse Hertz's contract claims.

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Ill. Panel Allows New DNA Evidence In 1992 Murder Case

By Parker Quinlan

An Illinois man who was sentenced to life in prison for a 1992 murder will get another chance to introduce potentially exculpatory evidence from DNA tests that were not available at the time of his original trial, a state appeals court has ruled.

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Ill. Court Says Employer Immunity Bars Shovel Attack Suit

By Y. Peter Kang

An Illinois appellate court has upheld the dismissal of a suit seeking to hold an employer liable for injuries suffered by a worker whose coworker repeatedly hit him on the head with a shovel, saying the claims are barred by the state's workers' compensation statute.

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NC Panel Reopens 13 Asbestos Cases Against Tire-Maker

By Hayley Fowler

A split panel in a North Carolina state appeals court has revived more than a dozen workers' compensation cases linked to alleged asbestos exposure at a Continental Tire factory, finding the individual claimants are not bound by the results of bellwether cases.

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Ga. Panel Weighs Tolling Issue In Archdiocese Abuse Cases

By Kelcey Caulder

An attorney urged the Georgia Court of Appeals on Thursday to overturn a trial court order freeing the Archdiocese of Atlanta, the city's current and former archbishops and a number of parish churches from a set of consolidated cases related to sexual abuse that allegedly took place from the 1960s through the 1980s.

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Ga. Officer Beats Tornado Failure To Warn Claims, Panel Says

By Chart Riggall

A Georgia sheriff's office lieutenant can't be held liable for a family's death and injuries in a tornado after she failed to activate the county's warning siren system, a state appellate court said Thursday, ruling that her duties extended only to the public in a general sense rather than to individuals.

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Ex-Law Firm Worker Fights $500K Judgment In Fraud Suit

By Danielle Ferguson

The former office manager for a Detroit civil rights firm asked Michigan appellate judges to throw out a $500,000 judgment for the firm for admittedly using its money for her personal purchases, arguing the damages improperly included costs the firm said it incurred investigating the fraud.

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Wash. Justices Endorse Broad View Of Pay Transparency Law

By Rachel Riley

Washington state's high court held in a 6-3 ruling Thursday that a job applicant may sue a prospective employer for violating a state law requiring job postings to include wage scales without proving they are a "bona fide" or "good faith" applicant, rejecting employers' bid to narrow that definition amid a wave of lawsuits.

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Wash. Justices To Review Voter Measure Backing Natural Gas

By Nate Beck

The Washington State Supreme Court has agreed to weigh in on a dispute over a law approved by voters that prevents local governments and code officials in the state from passing rules restricting or discouraging the use of natural gas.

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Ex-Solicitor General's Office Atty Rejoins Paul Weiss In DC

By Jack Rodgers

A former assistant to the solicitor general who argued nine matters before the U.S. Supreme Court is returning to Paul Weiss Rifkind Wharton & Garrison LLP as a partner after leaving the firm in 2020 as counsel to join the government.

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Sterne Kessler Adds Ex-Deputy Chief PTAB Judge

By Adam Lidgett

The former acting head of the U.S. Patent and Trademark Office's unit that reexamines patents after they have been granted has made the move to Sterne Kessler Goldstein & Fox PLLC, amid a series of personnel changes at the agency.

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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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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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Legal Sector Jobs Creep Back Down After 5 Months Of Gains

By Tracey Read

U.S. legal industry jobs inched down by 200 positions last month, reflecting a loss for the first time in six months, according to preliminary data released Friday by the U.S. Bureau of Labor Statistics.

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Judges Warn ICE Is Turning Courts Into Deportation Traps

By Marco Poggio

As Immigration and Customs Enforcement officers violently arrest unauthorized immigrants in court buildings' hallways, former and current judges warn that the Trump administration is using courts as a dragnet, arresting people indiscriminately and expelling them with little to no due process in a bid to fulfill President Donald Trump’s goal of mass deportations.

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Ex-Bankruptcy Clients Defend Deal Over Jackson Walker Affair

By Adrian Cruz

Former Jackson Walker LLP bankruptcy clients said Friday that a proposed settlement meant to resolve a dispute regarding the concealed romance between a judge and attorney should go through as planned because the U.S. Trustee lacks jurisdiction to challenge the deals.

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Not That Zuckerberg: Atty Sues Meta Over FB Page Takedown

By Rachel Rippetoe

Indianapolis bankruptcy attorney Mark S. Zuckerberg is suing Meta Platforms Inc. after his firm's commercial Facebook account was repeatedly suspended because of his shared name with the tech company's CEO and founder.

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Analysis

How A 'Risky' Move Fueled Kobre & Kim's Win Over Phillips 66

By Cara Salvatore

In the trial over Propel Fuels' claims that Phillips 66 stole trade secrets during due diligence for an acquisition, Kobre & Kim switched up standard witness order and convinced a jury to award $605 million.

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OnlyFans Users May Face Sanctions Over AI 'Misuse'

By Craig Clough

OnlyFans users who have alleged the site employs professional "chatters" to impersonate content creators are facing possible sanctions in their case, as a California federal judge ordered their attorneys to appear in court for filing briefs with nonexistent citations and quotations generated by an AI chatbot.

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How Attys Freed Woman Snatched By ICE In Less Than 48 Hours

By Marco Poggio

The breakneck speed with which a Colombian asylum seeker was detained, transferred and nearly deported underscores the time crunch facing attorneys who fight removals, say the Keker Van Nest & Peters LLP lawyers whose pro bono work freed the woman from custody.

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Motley Rice Fights OptumRx DQ Bid In Utah Opioid Suit

By Jack Karp

Pharmacy benefit manager OptumRx cannot disqualify Motley Rice LLC from representing Utah in a lawsuit over the opioid crisis, since any information the firm obtained during its involvement in earlier government investigations is available to all other parties in the multidistrict litigation and so isn't confidential, the state has told a federal court.

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Judge Awards Over $6M In Atty Fees In Bluetooth Co.'s IP Suit

By Zach Dupont

A Colorado federal judge has awarded the attorneys representing a Bluetooth technology company more than $6 million after the company won on the bulk of its claims at trial last year in its trade secrets and breach of confidentiality case against a Massachusetts display technology company.

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Fla. Bar Moves To Suspend Atty Accused Of Widespread Scam

By Phillip Bantz

The Florida Bar filed a petition Friday seeking the emergency suspension of a lawyer accused of scamming dozens of clients, failing to pay associates and paralegals who worked at his firm and repeatedly violating court orders.

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Analysis

SEC, CFTC Set Sights On Crypto In Regulatory Collab

By Jessica Corso

The U.S. Securities and Exchange Commission and the U.S. Commodity Futures Trading Commission said Friday they are moving forward with a broad regulatory harmonization effort that they hope will encourage innovation in growing markets, and lawyers tell Law360 they expect the focus to be writing rules governing the crypto sector.

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Judicial Nominee Expands On Testimony About Ky. Pardons

By Courtney Bublé

A judicial nominee for the Eastern District of Kentucky continues to distance himself from the controversial pardons issued by former Kentucky Gov. Matt Bevin, for whom he was counsel.

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SEC Lost Year's Worth Of Gary Gensler Texts, Watchdog Says

By Hailey Konnath

The U.S. Securities and Exchange Commission made "avoidable errors" that caused the agency to lose all text messages sent and received by former chair Gary Gensler for nearly a year of his tenure, some of which haven't been recovered, according to a report from the SEC's Office of Inspector General.

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Analysis

Trump Plan For Nat'l Guard In Chicago Sparks Legal Concerns

By Celeste Bott

President Donald Trump's plan to send the National Guard to Chicago over the objections of Illinois' governor could face similar legal hurdles as his use of the military in Los Angeles to quell protests over immigration raids, with some experts and local officials suggesting he may try to use an impending immigration crackdown in the city to justify a similar deployment.

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FTC Drops Appeal For Rule Banning Noncompetes

By Matthew Perlman

The Federal Trade Commission officially abandoned its appeal Friday in a case that set aside a Biden administration rule banning the use of most employee noncompete clauses, but the agency said it plans to bring enforcement actions on a case-by-case basis instead.

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DC Circ. Won't Halt Order Releasing Billions In Foreign Aid

By Rae Ann Varona

Both a divided D.C. Circuit panel and a district court judge Friday refused to hit pause on the judge's recent order requiring the Trump administration to release billions of dollars in frozen foreign aid.

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Trump Nominates 3 To Be DC Superior Court Judges

By Courtney Bublé

President Donald Trump has nominated three people to serve on the District of Columbia's local courts, bringing the district one step closer to easing its vacancy crisis.

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Democrat Slaughter Asks Justices To Let Her Stay On FTC

By Bryan Koenig

Democratic Federal Trade Commissioner Rebecca Slaughter urged the U.S. Supreme Court on Friday not to pause her reinstatement while the Trump administration challenges lower court decisions holding that her firing was illegal, saying those decisions were plainly correct and she's in no danger of sowing "chaos."

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UK Litigation Roundup: Here's What You Missed In London

By Max Austin

This past week in London has seen professional boxing promoter Boxxer take action against the former head of boxing at Matchroom Sport, Aegis Motor Insurance and Chubb European Group clash over a reinsurance claim, and a transgender pool player sue the English Blackball Pool Federation over its decision to ban her competing in women's teams and tournaments. 

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Michele Gorman

In arguing that the proposed class action against the business should be denied, online platform OnlyFans' parent company said that the decision to use AI to create mistake-riddled documents is severe misconduct. Meanwhile, the U.S. Department of Labor's employee benefits arm unveiled a new fee disclosure rule involving pharmacy benefit managers and plans to revisit retirement plan fiduciary investment advice regulations. These are some of the stories in corporate legal news you may have missed in the past week.

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Law360's Legal Lions Of The Week

By Kevin Penton

Milbank LLP, Wilson Sonsini Goodrich & Rosati PC and the Liberty Justice Center lead this week's edition of Law360 Legal Lions, after the Federal Circuit held that President Donald Trump's emergency tariffs were improperly imposed under the International Emergency Economic Powers Act.

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In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

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