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Appellate

  • July 11, 2025

    9th Circ. Upholds Feds' Arctic Ringed Seal ESA Protections

    The Ninth Circuit on Friday upheld the federal government's Endangered Species Act protections for Arctic ringed seals and rejected Alaska's effort to roll them back.

  • July 11, 2025

    3rd Circ. Nixes Rehire Of Welch's Worker In Harassment Fight

    The Third Circuit on Friday vacated an order instructing Welch's to rehire a worker who was accused of using gender-based slurs toward a co-worker, saying an arbitrator needed to clarify whether she'd determined that sexual harassment occurred.

  • July 11, 2025

    Former NC Rep. Says State Law Covers Discrimination Suit

    A former North Carolina lawmaker is fighting back against the state body of independent administrative law judges' effort to defeat his discrimination and retaliation case, saying state statute should cover his claims of being unfairly fired as its general counsel.

  • July 11, 2025

    3rd Circ. Revives Benicar MDL Fees Suit Against NJ Law Firm

    The Third Circuit on Friday revived a proposed class action against Mazie Slater Katz & Freeman LLC attorneys that claims they took excessive fees from plaintiffs' settlements in multidistrict litigation over the blood pressure drug Benicar, remanding the dispute for the district court to determine whether it has jurisdiction over the case.

  • July 11, 2025

    Mich. Gun Store Seeks Escape From School Shooting Suit

    A gun dealer has asked a Michigan state appellate court to dismiss a lawsuit over the sale of a gun used in a deadly school shooting, arguing it can't be held responsible for the buyer giving the gun to his son.

  • July 11, 2025

    PepsiCo Challenges $2.1M Tax Penalty In Ill. Supreme Court

    Illinois' justices should overturn lower court decisions allowing $2.1 million in penalties on PepsiCo for categorizing Frito-Lay expatriates' compensation as foreign payroll, a categorization that excluded Frito-Lay's profits from PepsiCo's state income tax calculations, the food and beverage giant said in a petition.

  • July 11, 2025

    The Biggest TM Rulings Of 2025: A Midyear Report

    Justices overturned a trademark award of more than $40 million in a long-running case in which lower courts put a company's affiliates on the hook for the amount, and a pair of precedential decisions from the Federal Circuit provided guidance on whether colors can be protected trade dress. Here is Law360's list of the biggest trademark decisions so far this year.

  • July 11, 2025

    2nd Circ. Backs NY Liability Law Targeting Gunmakers

    The Second Circuit has upheld a New York public nuisance statute that opens up firearm manufacturers to civil lawsuits for acts of violence involving their guns.

  • July 11, 2025

    Fla. Panel Sends Trampoline Park Injury Suit To Arbitration

    A Florida appeals court on Friday ruled that a trampoline park operator can arbitrate a suit brought by a man who suffered injuries in a bathroom fall, saying the trial court erred by finding that bathroom mishaps were not covered by the park's arbitration clause.

  • July 11, 2025

    MSN Beats Novartis' Patent Suit Over Entresto

    A Delaware federal judge on Friday found that Novartis couldn't show that MSN Pharmaceuticals Inc. infringed a patent related to its blockbuster drug Entresto, the latest in the company's wide-ranging fight to keep a generic version of the product off the market.

  • July 11, 2025

    7th Circ. Affirms End To Vandalism Dispute Over Key Records

    The Seventh Circuit upheld discovery sanctions against an Indianapolis hotel owner after an Indiana federal court found it repeatedly failed to hand over records relating to whether the property was deemed "vacant" per the terms of its property insurance policy with a Liberty Mutual unit.

  • July 11, 2025

    Feds Urge 1st Circ. To Toss Third Country Injunction

    The Trump administration urged the First Circuit to throw out an injunction enforcing due process protections for immigrants facing deportation to third countries, saying the U.S. Supreme Court concluded the government is likely to succeed on the merits of the challenge.

  • July 11, 2025

    Calif. County Asks Justices To Deny 7th Amendment Review

    A Northern California county is urging the U.S. Supreme Court not to hear a case arguing that the constitutional right to a jury trial should apply in instances of local law enforcement issuing civil penalties for alleged illicit marijuana growing.

  • July 11, 2025

    FTC Looks To Extend Pause Of Noncompete Rule Appeal

    The Federal Trade Commission has asked the Fifth Circuit to keep an appeal over the commission's blocked noncompete rule on hold for another 60 days as the agency continues to mull whether it actually wants to defend the rule.

  • July 11, 2025

    8th Circ. Upholds Labor Peace Pacts In Minn. Cities

    Contractors and an independent union lack standing to challenge requirements to comply with project labor agreements in three Minnesota cities, the Eighth Circuit ruled, finding only employees could raise the constitutional claims in the case.

  • July 11, 2025

    Bove Faults 'Heavy-Handed' Jan. 6 Cases

    Third Circuit nominee Emil Bove, who is currently serving in the U.S. Department of Justice, in his post-hearing questionnaire obtained by Law360 on Friday, drew what he says is a distinction between condemning violence against law enforcement officers and over-prosecution of Jan. 6 rioters.

  • July 11, 2025

    Pa. Panel Won't Give Town Official Immunity For Atty Insult

    A Pennsylvania township commissioner isn't entitled to immunity for remarks he made at a meeting about an attorney and her opposition to a neighbor's use of his property, since he was not speaking at his own meeting or addressing a matter of public importance, a state appellate panel has ruled

  • July 11, 2025

    DOJ Slams 'Stingy' Reading Of Trump's Border Authority

    Government attorneys told the D.C. Circuit that a lower court's injunction stopping President Donald Trump from restricting asylum at the southern border is based on a "stingy" interpretation of his authority, warning that if it's left to stand, it could thwart border security efforts.

  • July 11, 2025

    Widow Asks 4th Circ. For Innocent Spouse Tax Relief

    An 80-year-old widow whose husband went to jail for filing false tax returns asked the Fourth Circuit to overturn a U.S. Tax Court ruling finding her liable for interest payments related to the couple's millions of dollars in tax debt.

  • July 11, 2025

    Calif. Panel Says Arbitration Provider Immune From Fraud Suit

    An arbitration provider is immune from a logistics company's suit accusing it of not properly vetting its arbitrators, including one who oversaw a wage and hour suit against the company, a California appeals panel ruled, affirming a lower court's decision to nix the case.

  • July 11, 2025

    11th Circ. Won't Reinstate Worker's ERISA Arbitration Award

    A divided Eleventh Circuit panel refused to restore a former water treatment company director's arbitration award of about $129,000 on claims that he should've been offered severance when demoted to a consultant, saying an arbitrator erroneously decided a federal benefits law claim the worker never raised.

  • July 11, 2025

    11th Circ. Revives Black Worker's Promotion Bias Suit

    The Eleventh Circuit revived a Black worker's suit alleging a Georgia county wouldn't promote her to a more senior tax appraisal position out of racial discrimination, ruling that a jury needs to determine whether she was held to higher standards of qualifications than her non-Black peers.

  • July 11, 2025

    7th Circ. Tosses Korean Samsung Arm From Vape Battery Suit

    The Seventh Circuit won't revive a minor's claims against South Korea-based Samsung SDI Co. Ltd. over his injuries from an exploding vape battery, saying there's too much of a "disconnect" between the company's marketing of batteries for use in battery packs and finished products and the sale of an individual battery like the one in this case.

  • July 10, 2025

    $33M Sonos Appeal Has Fed. Circ. Asking: What's Up, Alsup?

    A Federal Circuit panel struggled Thursday to piece together the different interpretations of what U.S. District Judge William Alsup decided before upending Sonos Inc.'s $32.5 million jury verdict against Google LLC, with one judge claiming disbelief that there could be such a "fundamental disconnect" between the companies' understandings.

  • July 10, 2025

    Penn Hospital Can't Escape Record $207M Med Mal Judgment

    A Pennsylvania appeals court on Thursday affirmed a record $187 million verdict and subsequent $207 million judgment in a suit accusing the Hospital of the University of Pennsylvania of causing a newborn's catastrophic birth injuries, saying the award did not "shock the conscience" given the evidence presented at trial.

Expert Analysis

  • A Closer Look At Money Laundering Sentencing Issues

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    Federal money laundering cases are on the rise, often involving lengthy prison sentences for defendants who have little to no criminal history, but a closer look at the statistics and case law reveal some potentially valuable arguments that defense attorneys should keep in their arsenal, says Sarah Sulkowski at Gelber & Santillo.

  • Justices Likely To Issue Narrow Ruling In $1.3B Award Dispute

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    After last week's argument in Devas v. Antrix, the Supreme Court appears likely to reverse the holding that minimum contacts are required before a federal court may exercise personal jurisdiction over a foreign state and remand the case for further litigation on other important constitutional questions, say attorneys at Cleary. 

  • Pleading Rules At Stake In High Court Hamas Banking Case

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    While a case between victims of Hamas terrorist attacks and a Lebanese bank, recently argued before the U.S. Supreme Court, appears to ask a narrow question of which civil procedure rules apply to requests to reopen final judgments, how the justices rule could drastically change pleading strategies for future plaintiffs, say attorneys at Dorsey & Whitney.

  • What's At Stake In High Court Transgender Care Suit

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    The outcome of U.S. v. Skrmetti will have critical implications for the rights of transgender youth and their access to gender-affirming care, and will likely affect other areas of law and policy involving transgender individuals, including education, employment, healthcare and civil rights, say attorneys at ArentFox Schiff.

  • Considerations As Trump Admin Continues To Curtail ÃÛÌÒÊÓÆµ

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    Recent sweeping moves from the Consumer Financial Protection Bureau's new leadership have signaled a major shift in the agency's trajectory, and regulated entities should prepare for broader implications in both the near and long term, say attorneys at Pryor Cashman.

  • 6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'

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    The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.

  • NCAA Rulings Signal Game Change For Athlete Classification

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    A Tennessee federal court's recent decision in Pavia v. NCAA adds to a growing call to consider classifying college athletes as employees under federal law, a change that would have unexpected, potentially prohibitive costs for schools, says J.R. Webster Cucovatz at Gilson Daub.

  • Copyright Ruling Could Extend US Terminations Worldwide

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    If upheld on appeal, Vetter v. Resnik, a recent ruling from a Louisiana federal court, could extend the geographical scope of U.S. copyright termination rights to foreign territories, say attorneys at Manatt.

  • Recent Cases Clarify FCA Kickback Pleading Standards

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    Two recently resolved cases involving pharmaceutical manufacturers may make it more difficult for False Claims Act defendants facing kickback scheme allegations to get claims dismissed for lack of evidence, say Li Yu at Bernstein Litowitz, Ellen London at London & Noar, and Gregg Shapiro at Gregg Shapiro Law.

  • Bankruptcy Ruling Provides Guidance On 363 Asset Sales

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    HE v. Avadim Holdings, a recent ruling from the District of Delaware, underscores the principle that rejection of executory contracts does not unwind completed transfers of property and the importance of clear and precise language in sale orders and asset purchase agreements in bankruptcy cases, say attorneys at Eversheds Sutherland.

  • FLSA Ruling Shows Split Over Court Approval Of Settlements

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    A Kentucky federal court's recent ruling in Bazemore v. Papa John's highlights a growing trend of courts finding they are not required, or even authorized, to approve private settlements releasing Fair Labor Standards Act claims, underscoring a jurisdictional split and open questions that practitioners need to grapple with, say attorneys at Vedder Price.

  • Dewberry Ruling Is A Wakeup Call For Trademark Owners

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    The U.S. Supreme Court's decision in Dewberry v. Dewberry hones in on the question of how a defendant's affiliates' profits should be treated under the Lanham Act, and should remind trademark litigants and practitioners that issues involving monetary relief should be treated seriously, say attorneys at Finnegan.

  • A Look At The Student Loan Case Pending At Supreme Court

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    The Trump administration is likely to drop the U.S. Supreme Court case of U.S. Department of Education v. Career Colleges and Schools of Texas after its review of the 2022 borrower defense to repayment rule, but any outcome will be significant for institutions participating in programs covered by Title IV of the Higher Education Act, say attorneys at Duane Morris.

  • When Reincorporation Out Of Del. Isn't A Good Idea

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    While recent high-profile corporate moves out of Delaware have prompted discussion about the benefits of incorporation elsewhere, for many, remaining in the First State may be the right decision due to its deep body of business law, tradition of nonjury trials and other factors, say attorneys at Goodwin.

  • Perspectives

    11th Circ. Ruling Shows How AEDPA Limits Habeas Relief

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    The Eleventh Circuit's recent decision to uphold an Alabama man's death sentence reveals how the Antiterrorism and Effective Death Penalty Act can prevent meaningful review and has eroded the power of habeas corpus petitions by forcing federal courts to pay extraordinary deference to state-level rulings, says Paul Shechtman at Yale Law School.

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