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Appellate

  • June 27, 2025

    DC Circ. Backs NLRB Ruling In GWU Hospital Bargaining Case

    The D.C. Circuit on Friday upheld a National Labor Relations Board ruling finding George Washington University Hospital bargained in bad faith with a Service Employees International Union local, saying evidence supported the board's conclusion that the hospital did not expect its proposals to lead to an agreement.

  • June 27, 2025

    6th Circ. Vacates Class Cert. In GM Transmission Defect Suit

    The full Sixth Circuit on Friday unraveled class certification for drivers claiming General Motors LLC sold vehicles with defective transmissions that caused the cars to shudder and shake on the road.

  • June 27, 2025

    2nd Circ. Mulls Arguments In NY Atty Grievance Privacy Suit

    A Second Circuit panel has questioned whether a pathway exists to limit the scope of "presumptive public access" to attorney grievance documents in New York, as the panel considers the state's appeal of a federal district court ruling that would make records related to attorney misconduct cases public.

  • June 27, 2025

    Groups Quickly Switch Tactics In Birthright Citizenship Cases

    Just hours after the U.S. Supreme Court limited federal judges' ability to issue nationwide injunctions Friday, groups challenging the constitutionality of President Donald Trump's birthright citizenship executive order fired off a volley of new lawsuits, switching their legal actions to class action complaints.

  • June 27, 2025

    Del. Supreme Court Upholds Ruling In $5.5M Earnout Dispute

    Delaware's highest court offered no long goodbye Friday to data management venture STX Business Solutions LLC's appeal for a revival of buyer breach claims in a suit dismissed by the Court of Chancery in October.

  • June 27, 2025

    NC Appeals Court Urged To Back Firing Of General Counsel

    North Carolina's body of independent administrative law judges is urging the state appeals court to reject its former general counsel's bid to revive his claims that his politics got him fired, arguing that his position is exempt from certain workplace protections.

  • June 27, 2025

    Fed. Circ. Upholds Win For Lyft On Vehicle Monitoring Patents

    The Federal Circuit said it won't undo Lyft's lower court win in litigation where it was accused of infringing a pair of Quartz Auto Technologies LLC patents, rejecting arguments that a judge misinterpreted the patent claims.

  • June 27, 2025

    Pregnancy Loss Draws Police Scrutiny Following Dobbs

    The nation's abortion debate has played out in civil courtrooms and state capitols across the country since the overturning of Roe v. Wade three years ago. But the battle is also emerging in another arena: the criminal courts.

  • June 27, 2025

    How States Are Rethinking Life Without Parole For Youth

    A wave of recent state high court rulings, including a landmark decision in Michigan in April, has curtailed the use of mandatory life without parole for defendants under 21, citing evolving standards of decency and brain science. Hundreds of incarcerated individuals in Michigan are now eligible for resentencing, but the reforms face resistance from prosecutors, victims’ rights advocates, and dissenting justices who warn of consequences for public safety and judicial overreach.

  • June 27, 2025

    7th Circ. Says Union Backed Worker Who Claimed Bias

    The Seventh Circuit on Friday affirmed a decision dismissing a Black elevator mechanic's claims that his union mishandled his firing challenge, saying the union treated him fairly by winning his case despite his qualms with its strategy.

  • June 27, 2025

    Full 5th Circ. To Hear Planned Parenthood Atty Immunity Row

    The full Fifth Circuit will rehear a panel's decision concluding that Planned Parenthood is entitled to attorney immunity in a whistleblower suit accusing the organization of improperly billing Medicaid programs.

  • June 27, 2025

    Colo. Appeals Court Clarifies Meaning Of Molotov Cocktail

    A Colorado state appeals court has ruled for the first time on the interpretation of state laws around explosives and incendiary devices, stating that lawmakers "intended 'explosive' to carry the same meaning as 'incendiary device.'"

  • June 27, 2025

    Telecom Co. Says Justices' Opinion Blocks India Argument

    Deutsche Telekom AG has asked the D.C. Circuit to reconsider India's argument about its right to due process following a recent U.S. Supreme Court decision about personal jurisdiction and the Foreign Sovereign Immunities Act, saying another high court decision directly answers the country's question.

  • June 27, 2025

    Texas Justices Give Uri MDL Plaintiffs Chance To Replead

    The Texas Supreme Court on Friday said that thousands of plaintiffs in a multidistrict litigation stemming from winter storm Uri in 2021 could replead their gross negligence claims against transmission and distribution utility providers, giving them a chance to revive their long-running dispute over the crippling winter storm.

  • June 27, 2025

    Mass. High Court Says Bias In Police Stop Taints Evidence

    A Massachusetts judge should have granted a motion to suppress evidence — in this case, a bag of cocaine — found after a driver ran from police who had presumably racially profiled him, the state's highest court said Friday.

  • June 27, 2025

    Feds Seek 3rd Circ. Stay Of Columbia Grad's Release Order

    The federal government has asked the Third Circuit to stay a New Jersey judge's order that released Columbia University graduate Mahmoud Khalil on bond, arguing that the district court lacked jurisdiction over the immigration issue and Khalil's habeas filing.

  • June 27, 2025

    Grassley Plots Next Moves After Nationwide Injunction Ruling

    Following the U.S. Supreme Court's decision Friday significantly limiting federal judges' ability to issue injunctions affecting parties outside a case, Senate Judiciary Committee Chairman Chuck Grassley is gearing up to further rein in judges with the Republicans' budget bill and standalone legislation.

  • June 27, 2025

    Recently Retired US District Judge Joins JAMS In Los Angeles

    Alternative dispute resolution service JAMS continues expanding its roster, announcing Thursday it has added a former California federal judge as one of its neutrals.

  • June 27, 2025

    Calif. Panel Tosses Hacking Case Against Ex-LA Prosecutor

    A California state appeals court has ordered the dismissal of criminal claims against former Los Angeles Assistant District Attorney Diana Teran over her use of public sheriff's deputy files contained in a "confidential" database.

  • June 27, 2025

    Ga. Panel Fines Atty For 'Blatant Lack Of Professionalism'

    The Georgia Court of Appeals on Friday backed the dismissal of a lawyer's libel suit against opposing counsel over a discovery dispute in a personal injury case, going so far as to slap the attorney with a fine for wasting its time with the "frivolous" appeal.

  • June 27, 2025

    Conn. Firm Wins Bias Suit Appeal By Fired Legal Assistant

    Connecticut law firm Whitman Breed Abbott & Morgan LLC on Friday prevailed in an appeal brought by a former legal assistant who claimed she was wrongly fired for seeking to work entirely from home during the COVID-19 pandemic, with a three-judge panel holding that her proposed accommodation was not reasonable.

  • June 27, 2025

    4th Circ. Won't Undo Salvadoran's Illegal Reentry Conviction

    A Fourth Circuit panel rejected a Salvadoran man's attempt to dismiss his charge, and eventual conviction, for illegally reentering the United States, saying he failed to demonstrate that his near decade-old removal order was "fundamentally unfair."

  • June 27, 2025

    Fed. Circ. Urged To Rethink Pool Design Patent Decision

    A swimming pool design patent owner wants the full Federal Circuit to rethink a panel's refusal to revive allegations that Latham Pool Products infringed the patent, challenging the "problematic" test used in the case.

  • June 27, 2025

    Idaho Justices Dismiss Suit Over Skier's Death On Slopes

    The Idaho Supreme Court has dismissed a widow's suit against Sun Valley Co. alleging the company was negligent and liable for the death of her husband from hitting a snow machine while skiing, finding that the machine was clearly marked in keeping with state law, and the skier had assumed the risks of the sport.

  • June 27, 2025

    3 DOL Policy Shifts On Benefits Attys' Radar

    Since President Donald Trump's administration took over in January, the U.S. Department of Labor has changed its tack on several issues related to employee benefits. Here, Law360 looks at three moves that caught lawyers' attention.

Expert Analysis

  • Tracking The Evolution In Litigation Finance

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    Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.

  • Addressing Antitrust Scrutiny Over AI-Powered Pricing Tools

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    Amid multiple recent civil complaints alleging antitrust violations by providers and users of algorithmic pricing tools, such as RealPage and Yardi, digital-era measures should feature prominently in corporate compliance programs, including documentation of pro-competitive benefits and when to use disclosures, say attorneys at Morgan Lewis.

  • Opinion

    In Vape Case, Justices Must Focus On Agencies' Results

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    With the U.S. Supreme Court's ruling in U.S. Food and Drug Administration v. Wages and White Lion Investments having put off the question of whether agency decisions arrived at erroneously are always invalid, the court should give the results of agency actions more weight than the reasoning behind them when it revisits this case, says Jonathan Sheffield at Loyola University Chicago School of Law.

  • Series

    Volunteer Firefighting Makes Me A Better Lawyer

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    While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.

  • Takeaways From Alaska Justices' Pollution Exclusion Ruling

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    A recent Alaska Supreme Court ruling that a total pollution exclusion in a homeowners policy didn't bar coverage for carbon monoxide poisoning shows that even when policy language appears unambiguous on its face, courts can still consider the reasonable expectations of an insured to determine applicability, say attorneys at Hunton.

  • What's At Stake As 9th Circ. Eyes Cultural Resource Damages

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    In Pakootas v. Teck Cominco, the Ninth Circuit is faced with the long-unresolved question of whether cultural resource damages are recoverable as part of natural resource damages under the Superfund law — and the answer will have enormous implications for companies, natural resource trustees and Native American tribes, says Sarah Bell at Farella Braun.

  • Digesting A 2nd Circ. Ruling On Food Delivery App Arbitration

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    The Second Circuit recently rejected Grubhub's attempt to arbitrate price-fixing claims, while allowing Uber Eats to do so, reinforcing that even broad arbitration clauses must connect to the underlying dispute and suggesting that terms of service litigation may center on websites' design and content, say attorneys at Greenspoon Marder.

  • Bid Protest Spotlight: Instructions, Price Evaluation, Standing

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    In this month's bid protest roundup, Caitlin Crujido at MoFo looks at three recent decisions that consider a contractor's attempt to circumvent unambiguous solicitation instructions, the fairness of an agency's price evaluation and whether a protestor that would be unable to perform even if sucessful has standing.

  • E-Discovery Quarterly: The Perils Of Digital Data Protocols

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    Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.

  • Defense Strategies After Justices' Personal Injury RICO Ruling

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    In Medical Marijuana v. Horn, the U.S. Supreme Court recently held that the Racketeer Influenced and Corrupt Organizations Act can be invoked by some plaintiffs with claims arising from personal injuries — but defense counsel can use the limitations on civil RICO claims to seek early dismissal in such cases, say attorneys at Debevoise.

  • Series

    Law School's Missed Lessons: Preparing For Corporate Work

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    Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.

  • Opinion

    The SEC Must Protect Its Best Tool For Discovering Fraud

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    By eliminating the consolidated audit trail's collection of most retail customer information, the U.S. Securities and Exchange Commission may squander a once-in-a-generation opportunity to deter securities market fraud and abuse, something new Chair Paul Atkins must ensure doesn't happen, says former SEC data strategist Hugh Beck.

  • Series

    Florida Banking Brief: All The Notable Legal Updates In Q1

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    The first quarter of 2025 saw the Trump administration's crypto-forward approach permeate the banking industry, including Florida banking institutions, and a Fourth District Court of Appeal decision provide a new precedent for borrower/lender standing, say attorneys at Kozyak Tropin.

  • Meta Case Brings Customer-Facing Statements Issue To Fore

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    Now that Facebook v. Amalgamated Bank has returned to California federal court after the U.S. Supreme Court in November found it improvidently granted certiorari, it will be worth watching whether customer-facing communications, such as Facebook's privacy policies, are found to be made in connection with the sale of a security, says Samuel Groner at Fried Frank.

  • A Cold War-Era History Lesson On Due Process

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    The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.

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