ÃÛÌÒÊÓÆµ

Appellate

  • July 14, 2025

    Deportation Before Due Process? Mass. Justices To Decide

    A Haitian man charged with sexual assault in Massachusetts hopes to be deported home instead of facing a trial, an unusual case where the state's highest court is expected to decide whether judges can use bail to keep a person in state custody out of immigration proceedings.

  • July 14, 2025

    4th Circ. Says Va. County Isn't Responsible For Damaged Pipe

    The Fourth Circuit sided with Virginia's Isle of Wight County on Monday against a takings suit filed by local homeowners who alleged that the county had to pay for a damaged underground stormwater drainage pipe and the erosion it caused to nearby land.

  • July 14, 2025

    9th Circ. Keeps Alive Part Of Prof's DEI Free Speech Fight

    A California professor can continue to sue his community college district over its enforcement of certain state regulations proscribing diversity and inclusion practices because they press on his free speech rights, the Ninth Circuit said, but stopped short of reviving the entire lawsuit.

  • July 14, 2025

    Tulsa Sheriff, DA Seek Pause In Tribal Jurisdiction Dispute

    Tulsa County, Oklahoma, Sheriff Vic Regalado and District Attorney Steve Kunzweiler on Friday asked a federal judge to pause the Muscogee (Creek) Nation's lawsuit seeking to prevent the state from asserting criminal jurisdiction on its reservation until the U.S. Supreme Court reviews a similar case.

  • July 14, 2025

    Ga. County Wants 11th Circ. To Nix Trans Deputy's Health Win

    A Georgia county urged the Eleventh Circuit to reverse a transgender sheriff's deputy's trial court win on claims that denying coverage for a vaginoplasty constituted discrimination in violation of Title VII, arguing the U.S. Supreme Court's recent decision upholding a Tennessee state ban on gender-affirming care for minors supported its appeal.

  • July 14, 2025

    Privilege Issue Snarls Free-Speech Trial Over Deportations

    A Massachusetts federal bench trial in a suit by academic groups accusing the Trump administration of targeting for deportation noncitizens who express support for Palestinians was on hold Monday while the First Circuit considers whether certain government materials are privileged, including some that have already been discussed in open court.

  • July 14, 2025

    Microsoft, OpenAI Ask 9th Circ. To Toss Coders' DMCA Claims

    Microsoft and OpenAI have asked the Ninth Circuit to affirm the dismissal of a suit brought by coders who claim that the companies' large language models spit out code almost identical to code they wrote, saying the coders have only alleged hypothetical injuries.

  • July 14, 2025

    5th Circ. Upholds Law Banning Strip Club Workers Under Age 21

    The Fifth Circuit on Monday said that a Texas law barring people under 21 from working at strip clubs and other adult businesses passes a First Amendment test, saying Monday the law helps prevent sexual trafficking and furthers a significant government interest.

  • July 14, 2025

    Fed. Circ. Upholds PTAB Ax Of J&J Unit's Catheter Patent

    The Federal Circuit on Monday upheld the Patent Trial and Appeal Board's invalidation of a Johnson & Johnson unit's patent on a device for clearing blocked arteries, saying an Abbott Laboratories unit's challenge was not improperly based on what the patent admitted was an earlier invention.

  • July 14, 2025

    Fla. Says High Court Rulings Back Trans Care Medicaid Ban

    Florida told the Eleventh Circuit that recent U.S. Supreme Court rulings affirm the legality of a state law banning Medicaid payments for gender-affirming medical care, arguing its restrictions mirror a similar Tennessee law upheld by the justices because it centers on gender dysphoria diagnoses, not one's sex.

  • July 14, 2025

    2nd Circ. Affirms Biotech Founder's Win In Trading Suit

    The Second Circuit on Monday affirmed an early win for the founder of biotech Y-mAbs Therapeutics Inc. in a suit alleging he realized more than $2.5 million in short-swing profits after he exchanged his shares for those of another company, agreeing with the lower court that the move didn't constitute a "purchase."

  • July 14, 2025

    11th. Circ. Rules Ga. Strip Search Was Illegal, Nixes Immunity

    A full Eleventh Circuit ruled that Georgia Department of Corrections officers are not entitled to immunity in the case of a woman who was strip-searched while visiting her husband in prison, saying the search was unreasonable and violated her Fourth Amendment rights.

  • July 14, 2025

    5th Circ. Revives Suit Accusing UT Of Race-Based Admissions

    A Fifth Circuit panel partially revived a lawsuit accusing the University of Texas at Austin of continuing to consider race in admissions decisions despite the U.S. Supreme Court's 2023 decision ending affirmative action programs.

  • July 14, 2025

    Tevra Asks 9th Circ. To Revive Bayer Flea, Tick Meds Suit

    Tevra Brands LLC called on the Ninth Circuit to order a new trial after it said a lower court made several errors that prevented it from showing a jury that Bayer HealthCare LLC used exclusive contracts to lock up the market for a flea and tick treatment for dogs and cats.

  • July 14, 2025

    Ga. Judge Calls Atty 'Unworthy Of Belief' As Ethics Case Ends

    A Georgia superior court judge facing ethics charges on Monday urged the state's judicial watchdog to either privately reprimand or suspend her for no more than 30 days if it decides punishment is needed in the case brought against her by the state's Judicial Qualifications Commission. 

  • July 14, 2025

    TV Reporter Fights Town's Appeal After Broken Leg Trial Win

    A television reporter whose leg was broken when he was allegedly hit by a public power employee's truck in the parking lot of a town hall has urged North Carolina's highest court to uphold a jury verdict finding that his injury was a result of the town worker's negligence.

  • July 14, 2025

    11th Circ. Won't Reexamine Sentence Of Convicted Fla. Atty

    The Eleventh Circuit has rejected a Florida lawyer's request to reconsider her 75-month prison sentence for a COVID-19 loan fraud scheme.

  • July 14, 2025

    Mich. Justices Say GOP Can Challege Poll Worker Imbalance

    The Michigan Republican Party can sue to enforce a rule about the political makeup of poll workers, the Michigan Supreme Court said Monday, reversing a lower court's ruling.

  • July 14, 2025

    Supreme Court Clears Way For Education Dept. Layoffs

    The U.S. Supreme Court on Monday lifted a Massachusetts federal judge's order halting massive job cuts at the U.S. Department of Education, allowing the Trump administration to move forward with firing nearly 1,400 employees.

  • July 14, 2025

    End Of NJ Municipal Court Official's Harassment Suit Upheld

    A former New Jersey municipal court administrator cannot sue the state Administrative Office of the Courts in a sexual harassment case because she was never an employee of the office, the state Appellate Division said Monday in a published opinion.

  • July 14, 2025

    Ex-NFL Player Asks 5th Circ. To Keep $1.86M Fee Award Intact

    The National Football League's retirement plan had a chance to appeal a $1.86 million award of attorney fees to former running back Michael Cloud three years ago in his disability benefits suit, but it chose not to do so, Cloud told the Fifth Circuit in his pushback against the plan's latest appeal.

  • July 14, 2025

    Calif. Panel Keeps Charter PAGA Case Out Of Arbitration

    Charter Communications can't arbitrate an employee's Private Attorneys General Act suit because parts of the arbitration agreement are "unconscionable," a California appeals panel ruled, relying on the state Supreme Court's decisions addressing the same pact.

  • July 14, 2025

    Ex-Seward & Kissel Partner Joins EDNY As 1st Asst. US Atty

    U.S. Attorney Joseph Nocella Jr. announced Monday he has selected a former federal prosecutor and Seward & Kissel LLP partner to serve as first assistant U.S. attorney for the Eastern District of New York.

  • July 14, 2025

    2nd Circ. Won't Let UBS Arbitrate Fund Mismanagement Suit

    The Second Circuit on Monday affirmed a New York federal judge's decision rejecting UBS' bid to send a charitable trust's mismanaged funds suit to arbitration, finding that the bank knowingly relinquished the right to arbitrate "by acting inconsistently with that right."

  • July 14, 2025

    Calif. Panel Upends Arbitration Pact In Worker's Firing Suit

    A Charter Communications worker's wrongful termination suit should not have been sent to arbitration, a California appeals court said, after finding the company's alternative dispute resolution pact held one-sided provisions and made it difficult for employees to opt out.

Expert Analysis

  • Traversing The Shifting Sands Of ESG Reporting Compliance

    Author Photo

    Multinational corporations have increasingly found themselves between a rock and a hard place attempting to comply with EU and California ESG requirements while not running afoul of expanding U.S. anti-ESG regimes, but focusing on what is material to shareholder value and establishing strong governance can help, say attorneys at MoFo.

  • An Unrestrained, Bright-Eyed View Of Legal AI's Future

    Author Photo

    Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.

  • Tracking The Evolution In Litigation Finance

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Appellate archive.