Justices Reject Colorado's LGBTQ+ 'Conversion' Ban

By Dan McKay

The U.S. Supreme Court ruled Tuesday that a Colorado ban on therapy intended to change a minor's sexual orientation or gender identity amounts to viewpoint discrimination against a Christian therapist, a finding that split the court's liberal wing and crossed ideological lines.

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Bias Challenge To Juror Strike Wasn't Waived, Justices Told

By Marco Poggio

A Black man on Mississippi's death row told the U.S. Supreme Court on Tuesday that state courts failed to properly address his objections to the prosecution's peremptory juror strikes at his 2006 trial, which he said were racially motivated.

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7th Circ. Scolds Ex-Judge For Citing Fake Cases In Brief

By Celeste Bott

A Seventh Circuit panel admonished an attorney and former chief federal immigration judge for submitting a brief citing two nonexistent cases and a false quotation, saying while such errors can be "tell-tale signs" of AI hallucinations, her denial she used AI is "plausible" and the court won't consider further sanctions.

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Roundup

Transpo Tracker: Congestion Pricing Survives, EV Rule At Risk

By Linda Chiem

In our inaugural Law360 Transportation Tracker, a New York district court walloped the Trump administration's effort to cancel Manhattan's congestion pricing, the federal government continued its assault on California's vehicle emissions regulations, and Boeing investors scored class certification in 737 Max-related securities fraud litigation.

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70+ Republicans Ask Justices To Review NY Gun Liability Law

By Courtney Bublé

More than 70 Republican lawmakers from both the House and Senate have urged the U.S. Supreme Court to review an appellate court decision that upheld New York state's public nuisance statute, which allows lawsuits against gun manufacturers that cause public harm.

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Ariz. Seeks Pause In Voter ID Fight Pending High Court Order

By Crystal Owens

Arizona and its top lawmakers are asking a district court to stay a dispute on remand from the Ninth Circuit over state legislation that allows for ineligible voter roll purges until the U.S. Supreme Court weighs in on the overall litigation.

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DC Circ. Clears Maritime Commission's Refusal-To-Deal Rule

By Bryan Koenig

A D.C. Circuit panel sided Tuesday with the Federal Maritime Commission as it defended a regulation governing how it will consider whether an ocean shipping company unreasonably refused to deal with would-be shippers, rejecting a trade group challenge and concluding the agency rightly baked rate analysis into its considerations.

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Public Health Groups Challenge EPA's Mercury Limits Repeal

By Jared Foretek

The American Academy of Pediatrics and more than a dozen environmental and public health groups are calling on the D.C. Circuit to vacate the U.S. Environmental Protection Agency's repeal of Biden-era limits on mercury and air toxins, saying the move will jeopardize children's health across the country.

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Fed. Circ. Partly Revives Tesla Challenge To Charging Patent

By Adam Lidgett

The Federal Circuit on Tuesday partially reinstated Tesla's challenge to a Charge Fusion Technologies vehicle charging patent, throwing out part of a Patent Trial and Appeal Board decision that found the automobile company failed to show some of the claims were invalid.

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Fed. Circ. Upholds TikTok's Win Against 'For You' Patent Suit

By Elliot Weld

The Federal Circuit on Tuesday affirmed TikTok Inc. prevailing in a patent infringement suit brought by video technology developer 10Tales that alleged the app's "For You" feature copied its invention covering a digital "recommendation system."

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Fed. Circ. Upholds Samsung's PTAB Win Over Display Patents

By Dani Kass

The Patent Trial and Appeal Board rightly invalidated claims of two related Manufacturing Resources International Inc. patents for cooling electronic displays, the Federal Circuit affirmed Tuesday.

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USPTO Tells Fed. Circ. Patent Panel Is Constitutional

By Adam Lidgett

The U.S. Patent and Trademark Office is urging the Federal Circuit to reject a British bookmaker's challenge to a review panel's revival of DraftKings' inter partes review of one of its patents, saying any constitutional challenges have to fail.

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Full Fed. Circ. Is Told Panel Defied EcoFactor In DePuy Case

By Dani Kass

DePuy Synthes is urging the full Federal Circuit to review a circuit panel's decision reviving patent infringement litigation against it, saying the panel majority undermined the court's en banc EcoFactor decision on when to admit expert testimony.

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Feds Ask 1st Circ. To Nix 'Slapdash' 3rd Country Notice Order

By Julie Manganis

A Massachusetts federal judge overstepped his authority in ordering the U.S. Department of Homeland Security to provide deportees being sent to so-called "third" countries where they have no prior ties an opportunity to challenge their destinations, the Trump administration told the First Circuit.

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3rd Circ. Says Immigrant's Abuse Claims Need Further Review

By P.J. D'Annunzio

The Third Circuit said Tuesday that further review was needed in the case of a Dominican national facing deportation to hash out whether his removal could be canceled based on federal law protecting immigrants from abuse from lawful permanent residents or citizens.

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4th Circ. Revives Va. Worker's OT Retaliation Suit

By Irene Spezzamonte

A worker's suit accusing a production supervisor at a packaging company of firing him after he reported violations for unpaid overtime should have stayed alive, the Fourth Circuit ruled, saying a Virginia federal court erroneously ruled that he couldn't support his claim and that he fraudulently joined an in-state supervisor.

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Split 4th Circ. Affirms Injunction On W.Va. Drug Discount Law

By Abigail Harrison

A split Fourth Circuit panel sided with a trio of pharmaceutical manufacturers Tuesday that opposed a West Virginia law addressing drug delivery in the 340B program, saying the law attempted to reshape the "contractual bargain" Congress makes with private parties through its spending powers.

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5th Circ. Grills Fraudsters Over $158M Healthcare Scheme

By Spencer Brewer

A Fifth Circuit panel pushed back on two men's contention that their convictions in a $158 million healthcare scheme should get thrown out, asking Tuesday how the evidence the jury heard wasn't enough to uphold the convictions.

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5th Circ. Backs Dismissal Of Boeing 737 Max Criminal Case

By Linda Chiem

The Fifth Circuit on Tuesday declined to compel the U.S. Department of Justice to criminally prosecute Boeing for defrauding safety regulators, saying it lacks jurisdiction to upend the government's $1.1 billion nonprosecution agreement with Boeing, and that prosecutors adequately consulted the 737 Max crash victims' families.

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IRS Can Collect $371M From Convicted Ex-Atty, 7th Circ. Says

By Anna Scott Farrell

The Internal Revenue Service can assess and collect restitution against a former attorney who served prison time in connection with $7 billion in tax fraud, making the amount immediately due and payable, the Seventh Circuit ruled, saying it was the first circuit court to address the issue.

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Students Can Become Aid Fixing Class, With New Lead Attys

By Lauraann Wood

Students pursuing financial aid fixing claims against Cornell University and several other elite schools can proceed as a class if they tap different lead counsel, since misrepresentations regarding one firm's purportedly contingent casework caused a significant trust impairment, an Illinois federal judge said Tuesday.

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9th Circ. Won't Rethink Apple App Store Injunction

By Dorothy Atkins

The Ninth Circuit on Monday refused Apple's bid to reconsider part of a panel decision in Epic Games Inc.'s favor that largely affirmed an injunction blocking Apple from charging developers "prohibitive" commissions on iPhone app purchases made outside its payment systems, declining to clarify what fees Apple can charge.

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Ariz. Judge Keeps Oak Flat Stay Pending 9th Circ. Rehearing

By Joyce Hanson

An Arizona federal judge has agreed with Apache tribal members and environmental groups that a stay should remain in place as they await a Ninth Circuit decision on their legal fight to block the transfer of 2,500 acres to a copper mining company.

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10th Circ. Revives Suit Over Tulsa Officer Killing Unarmed Man

By Elizabeth Daley

A Tenth Circuit panel has denied qualified immunity to an officer who shot an unarmed Black man, finding in a reversal that the officer's "use of force was unreasonable," allowing a civil rights case brought by the man's family to go to trial.

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11th Circ. Won't Revisit Order Keeping Migrant Facility Open

By David Minsky

The Eleventh Circuit on Tuesday denied a request from environmental nonprofits to allow a lower court's order halting operations of a Florida immigrant detention facility, saying in a split decision that new issues were improperly raised for the first time. 

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11th Circ. Says Hotels Must Face Jury On Trafficking Claims

By Chart Riggall

Property owners don't need to have specific knowledge of a sex trafficking victim's exploitation to be complicit in their forced prostitution, the Eleventh Circuit ruled, in the process reviving claims against two Atlanta-area hotels where three teenage girls were allegedly forced into sex work.

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Texas Court Says Football Player's Med Mal Report Was Faulty

By Tom Lotshaw

A Texas appellate court said a trial court erred when it overruled objections the Texas A&M University System raised over an expert report filed for healthcare liability claims brought by a football player who suffered an ankle injury.

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FTC Backs Florida's Move To Kill ABA's Accreditation Monopoly

By Hailey Konnath

The Federal Trade Commission said Tuesday that it supports the Florida Supreme Court's recent decision to end the American Bar Association's longstanding accreditation monopoly, agreeing with the finding that it is "not in Floridians' best interest for the ABA to be the sole gatekeeper" in deciding who sits for the bar exam.

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Ill. Panel Says No Error In Doc's Nerve Damage Suit Win

By Mike Curley

An Illinois state appeals court panel won't upset a jury verdict that cleared a gynecologist from claims alleging her medical negligence caused nerve damage during a long procedure, finding the trial court wasn't wrong in its evidentiary or jury decisions.

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Pa. Restitution Pay Can't Be Docked For Unpaid Fines, Costs

By Matthew Santoni

A Pennsylvania court can't withhold or redirect restitution owed to a victim in a criminal case to cover fines and court costs the victim owes in other cases, a state appellate court ruled Tuesday.

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Caterpillar Injury Suit Can Stay In Pa., Appeals Panel Finds

By Mike Curley

A split Pennsylvania appeals court on Tuesday reinstated an injury suit against Caterpillar Inc. and an equipment rental company from a New Jersey worker who was injured by an excavator, finding the companies hadn't sufficiently shown that the suit belongs in the Garden State instead.

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NJ Justices Reluctant To Stick Zurich With $2M UIM Bill

By George Woolston

The New Jersey Supreme Court on Tuesday appeared skeptical that a TJX Cos. employee can recover up to the full $2 million limit in his employer's auto policy with Zurich American Insurance Co., rather than its $15,000 limit for underinsured motorists.

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Habba, Ex-Firm Get Defense Redo In Suit Over Divorce Advice

By Jake Maher

A New Jersey appeals court gave former acting U.S. Attorney for New Jersey Alina Habba another chance to pursue an anti-abusive litigation motion against an attorney suing her for malicious prosecution on Tuesday.

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Beasley Allen Seeks Stay Of DQ In Federal J&J Talc MDL

By Jake Maher

The Beasley Allen Law Firm asked a New Jersey federal court on Monday to hold off on disqualifying it from talc litigation against Johnson & Johnson while it appeals the disqualification order which it called "unprecedented and incorrect."

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Del. Judge Won't Nix $60M Casablanca Hotel Award Case

By Joyce Hanson

A Delaware federal court rejected an investor's bid to escape litigation aimed at enforcing a $60 million arbitral award favoring the current owner of the Royal Mansour Hotel in Casablanca, pointing to a Third Circuit decision that reversed an earlier ruling by the lower court.

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Injured BNSF Worker Can't Get Full $3M Verdict, Court Says

By Y. Peter Kang

A Missouri appeals court on Tuesday upheld a jury's decision to sharply reduce a $3 million verdict awarded to a former BNSF truck driver injured in a rail yard collision, ruling that the trial court properly allowed jurors to consider whether the driver himself was also at fault.

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Berk May Spur More Pushback Against Med Mal Gatekeeping

The U.S. Supreme Court’s recent decision in Berk v. Choy may appear to be a run-of-the-mill reminder that a federal procedural rule trumps its state counterpart, but it could inspire more challenges to state-created prerequisites to filing medical malpractice lawsuits, say attorneys at Decof Mega.

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A Shift In Fed. Circ.'s Approach To Patent Summary Judgment

The Federal Circuit's recent decision in Range of Motion v. Armaid may come to be seen as a seminal opinion for potentially exposing and entrenching the Federal Circuit's movement away from its previous framework for identifying obvious noninfringement cases, says Nicholas Nowak at Nowak IP Group.

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9th Circ. Ruling Clarifies Doc Protection Limits In Gov't Probes

The Ninth Circuit's recent decision in Kalbers v. U.S. Department of Justice confirms that Rule 6(e) provides robust protections when documents are in the government's possession only through a grand jury subpoena, emphasizing for companies the importance of careful labeling from the outset of an investigation, say attorneys at Cooley.

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6th Circ. Can Extend Insurance Valuation Clarity Beyond Auto

In rehearing Clippinger v. State Farm, the Sixth Circuit can align itself with the recent drumbeat of other circuits rejecting class certification of auto total loss claims and set standards that apply to similar claims brought under homeowners and other types of insurance policies, say attorneys at Jackson Walker.

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In First For DOJ, Action Signals New CFIUS Enforcement Era

The U.S. Department of Justice is seeking judicial enforcement of a divestment order, an unprecedented action for the agency that ushers in a new phase for the Committee on Foreign Investment in the United States, one in which judicial proceedings complement administrative oversight and presidential divestment orders may be enforced through litigation, says attorney Sohan Dasgupta.

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Getting The Most Out Of Learning And Development Programs

Junior associates can better develop the legal, business and interpersonal skills they need for long-term success by approaching their firms’ learning and development programs armed with five tips for getting the most out of these resources, says Lauren Hakala at Reed Smith.

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Feature

Rats, Vapes And Vodka: Strange But True Cases For April Fool's

By Emily Field

A dead rodent in a burrito bowl delivery, a mix-up with vodka seltzer in the wrong cans and the Toys R Us brand taking on a Connecticut vape shop are among Law360's list of strange cases suitable for April Fool's Day.

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Analysis

'Best Judicial System In The World': Alsup Reflects On Career

By Bonnie Eslinger

Before taking inactive status late last year, U.S. District Judge William H. Alsup presided over historic litigation in California's Northern District for 26 years, arriving at his San Francisco chambers every weekday before dawn to prepare for the day's work.

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NC Attys Oppose DOJ Interference In State Ethics Complaints

By Hayley Fowler

A group of North Carolina lawyers is opposing the U.S. Department of Justice's proposed rule allowing the attorney general to review state-level ethics complaints against the department's attorneys, saying such a change would undercut the Tar Heel State's ability to regulate government lawyers.

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Blumenthal Presses DHS Chief To Scrap ICE Warrant Memo

By Courtney Bublé

Sen. Richard Blumenthal, D-Conn., a top Democrat on the Senate Homeland Security and Government Affairs Committee, is looking for assurances from the newly installed secretary of the U.S. Department of Homeland Security, Markwayne Mullin, that he will honor his apparent pledge to rescind a policy that allows immigration agents to enter private property without a judicial warrant.

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'Construction Has To Stop!': Judge Blocks Trump's Ballroom

By Dorothy Atkins

A Washington, D.C., federal judge Tuesday granted a historical preservation nonprofit's request for a preliminary injunction halting President Donald Trump's plans to turn the White House's East Wing into an "enormous" 89,000-square-foot ballroom, saying "unless and until Congress blesses this project through statutory authorization, construction has to stop!"

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Senate Dems Probe Musk's Alleged Role In CTA Retreat

By Sarah Jarvis

Three Democratic senators have asked U.S. Treasury Secretary Scott Bessent to provide information on Elon Musk's possible involvement in the rollback of the Corporate Transparency Act, saying the department's moves allow entities tied to the billionaire to operate in obscurity.

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Analysis

Defamation Litigation Roundup: Unilever, Afroman, Musk

By Theresa Schliep

In this month's review of defamation fights, Law360 highlights a new suit against Unilever by an ousted member of a Ben & Jerry's board, as well as Afroman's defeat of a case by Ohio police officers after a raid of the comedic rapper's home.

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FBI Fired Agents Over Trump 2020 Election Inquiry, Suit Says

By Bonnie Eslinger

Former FBI agents who say they were illegally fired for working on the investigation into President Donald Trump's efforts to overturn his 2020 election loss filed a proposed class action in D.C. federal court Tuesday accusing the government of unconstitutional "political retribution."

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Brief

Moye White, Ex-Landlord Settle $4M Denver Lease Dispute

By Zach Dupont

Days before the start of a bench trial between a Denver landlord and defunct law firm Moye White LLP in state court, the two parties reached a settlement, ending the litigation where the landlord accused the firm of owing almost $4 million.

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