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July 08, 2025
Trump Admin Backs Off Plan To Revisit Biden Asbestos Ban
The U.S. Environmental Protection Agency on Monday told the Fifth Circuit it's not going to revise a Biden-era rule strengthening restrictions on asbestos use, and asked the court to restart litigation challenging the Biden rule.
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July 08, 2025
High Court Allows Trump's Gov't Cuts And Restructuring
The U.S. Supreme Court on Tuesday ruled the Trump administration can move forward with its plans for large-scale layoffs and reorganizations at various federal departments and agencies, lifting a California federal judge's order that had paused the efforts while a legal challenge continues.
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July 08, 2025
The Biggest Copyright Rulings Of 2025: A Midyear Report
Two California judges were the first to deliver crucial rulings about what constitutes fair use in training generative artificial intelligence models — a question expected to test the boundaries of the copyright doctrine amid the emergence of the groundbreaking technology. Here is Law360's list of the biggest copyright decisions so far this year.
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July 08, 2025
Pa. County Wants 3rd Circ. To Revive Dominion Contract Suit
A central Pennsylvania county in hot water with state officials for unauthorized inspections of its voting equipment wants the Third Circuit to reconsider its commissioners' standing to bring a lawsuit against Dominion Voting Systems.
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July 08, 2025
Fed. Circ. Won't Revive EcoFactor Thermostat Patent Claims
The Federal Circuit on Tuesday refused to revive a series of EcoFactor Inc. patents related to energy-efficient smart thermostats, backing Patent Trial and Appeal Board findings that Google showed the patents were invalid.
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July 08, 2025
After Conviction Upheld, Bridge Fraudster Gets Time Served
A government contractor whose wire fraud conviction was upheld by the U.S. Supreme Court was resentenced to time served in Pennsylvania federal court on Tuesday.
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July 08, 2025
Calif. Justices Say Elected Officials Lack Whistleblower Shield
California elected officials are not covered by the state's whistleblower protections because they don't fall under the definition of employees, the California Supreme Court ruled, affirming a state appeals court decision to nix a retaliation suit from the City of Inglewood's former elected treasurer.
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July 08, 2025
NLRB Defends Multiemployer Talks Ruling At 6th Circ.
The Sixth Circuit must uphold a National Labor Relations Board decision dinging a construction company for unlawfully locking out workers to make their union negotiate, the board argued, saying it correctly interpreted nearly 70-year-old agency precedent about withdrawing from multiemployer bargaining.
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July 08, 2025
US Supreme Court Term In Review: What You Need To Know
The U.S. Supreme Court considered many significant legal issues this term, including the proper venue for challenging agency actions and the level of scrutiny courts should apply to bans on gender-affirming care for transgender minors. But the emergency docket and a decision limiting nationwide injunctions loomed large. Here, Law360 takes a look at the cases and those who litigated them, as well as the sharpest writings from the justices.
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July 08, 2025
11th Circ. Says Circumstantial Proof Backs Gun Conviction
The Eleventh Circuit affirmed a 51-month sentence against a man who was convicted of possession of a firearm while he was a convicted felon, saying the circumstantial evidence in the case was enough to sustain the verdict.
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July 07, 2025
6th Circ. Affirms Toss Of 'Que Sera, Sera' Writer's Family Spat
The Sixth Circuit Monday refused to revive a royalties spat between the granddaughter and daughter of Jay Livingston, the late Oscar-winning co-songwriter of "Que Sera, Sera," saying in a published opinion that the granddaughter failed to plausibly allege that her mom's bids to terminate copyright grants were invalid.
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July 07, 2025
9th Circ. Backs Sanctions For Jehovah's Witnesses' Atty
The Ninth Circuit Monday upheld nearly $160,000 in sanctions against the general counsel for a Jehovah's Witnesses group accused of submitting a misleading affidavit to a Montana federal court in litigation brought by women alleging they endured sexual assault as children at the hands of church officials.
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July 07, 2025
Calif. Justices Disbar SF Atty For Defrauding Elderly Client
The California Supreme Court has ordered the disbarment of a San Francisco lawyer who authorities say overcharged an elderly trust account client with advanced dementia, finding that he "repeatedly failed to uphold the most basic duties of an attorney" and is "unfit to serve as a member of the bar."
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July 07, 2025
Bar Urges NC Court To Affirm Exit From Shooting Suit
A Charlotte-based bar told a North Carolina state appeals court that it bears no blame for a man's fatal shooting at another restaurant, arguing its staff couldn't have foreseen the attack even if they supposedly overserved the shooter hours earlier.
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July 07, 2025
Fla. Panel Upholds Tossing Suit To Unseat Miami Official
A Florida state appellate court on Monday declined to reinstate a lawsuit two property developers filed in their effort to forcibly remove a Miami commissioner via the city's charter after a federal jury ruled he was liable for violating civil rights, saying the developers lacked standing.Â
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July 07, 2025
Annoyed Fed. Circ. Judge Unsure Where To Land In Drug Row
An irascible Federal Circuit judge chewed out both sides of the aisle Monday morning during arguments over a generic endocrine disorder drug, and although she accused one attorney of "beating a straw man to death," the judge said she still wasn't sure how she would decide the appeal.
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July 07, 2025
5th Circ. Says Apple Didn't Suppress Union In NYC
The Fifth Circuit on Monday reversed the National Labor Relations Board's ruling that Apple illegally interrogated a leader of a Manhattan store organizing campaign and confiscated union flyers, saying the manager's questions were benign and the confiscations were routine tidying.
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July 07, 2025
Fed. Circ. Digs Into Domestic Industry For Apple Watch Appeal
A Federal Circuit panel on Monday struggled with how to meet domestic industry requirements needed for the U.S. International Trade Commission to issue import bans, as it evaluated the agency's high-profile decision to keep certain Apple Watches out of the U.S.
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July 07, 2025
Pittsburgh Post-Gazette Says NLRB Can't Dictate Business
The publisher of the Pittsburgh Post-Gazette told the Third Circuit Monday that the National Labor Relations Board was impermissibly dictating business decisions for the struggling newspaper when it ruled the paper's contract proposals were unacceptable and made in bad faith.
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July 07, 2025
Ioengine Wants Fed. Circ. To Rethink IPR Estoppel Ruling
Ioengine LLC on Monday urged the Federal Circuit to rethink a panel's decision backing a jury's invalidation of its flash drive patents for being publicly available, saying the decision would upend a balance meant to protect patent owners against repetitive legal attacks.
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July 07, 2025
11th Circ. Backs Fla. County In Firing Over Anti-Gay Blog
The Eleventh Circuit has affirmed a lower court decision tossing a lawsuit brought by a former Miami-Dade County communications aide who was fired for authoring a transphobic and anti-gay blog post, ruling the county's interest in effectively fulfilling its responsibilities outweighed the aide's free speech rights.
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July 07, 2025
Progressive Gets Car Value Class Cert. Overturned At 3rd Circ.
The Third Circuit on Monday reversed a lower court's decision to certify classes of Pennsylvania drivers who accuse Progressive Insurance units of breaching their contracts by systematically underestimating the actual cash value of their totaled cars, finding that the lower court misapplied the standard to determine whether common issues predominate.
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July 07, 2025
Biggest Illinois Decisions Of 2025 So Far: A Midyear Report
State and federal courts have handed down rulings in Illinois cases so far this year that have clarified standing for data breach actions in the state's courts, affirmed coverage for attorney fees and costs paid as part of a settlement, and deemed insufficient a jury instruction frequently given in Illinois personal injury cases. Here's a breakdown of some of the biggest decisions courts have handed down in Illinois cases so far in 2025.
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July 07, 2025
Personal Injury & Med Mal Cases To Watch In 2nd Half Of 2025
The social media addiction multidistrict litigation against the biggest tech companies and a U.S. Supreme Court case regarding state medical malpractice lawsuit requirements are among the cases injury and malpractice attorneys will be following closely in the second half of 2025.
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July 07, 2025
Fed. Circ. Ponders If PTAB Developments Save 'Veto' Rule Suit
A Federal Circuit judge wondered Monday if developments concerning the U.S. Patent and Trademark Office director's discretionary denial process could breathe new life into advocacy groups' fight for a "veto" for small business patent owners defending themselves at the Patent Trial and Appeal Board.Â
Expert Analysis
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Opinion
Legacy Of 3 Justices Should Guide Transgender Rights Ruling
Three Republican-appointed U.S. Supreme Court justices — Anthony Kennedy, Sandra Day O'Connor and David Souter — gave rise to a jurisprudence of personal liberty that courts today invoke to protect gender-affirming care, and with the court now poised to decide U.S. v. Skrmetti, it must follow the path that they set, says Greg Fosheim at McDermott.
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How IPR Estoppel Ruling May Clash With PTAB Landscape
Though the Federal Circuit's narrowing of inter partes review estoppel in Ingenico v. Ioengine might encourage more petitions, tougher standards for discretionary denial established by the U.S. Patent and Trademark Office could be a counterbalancing factor, say attorneys at Troutman Pepper.
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Texas Ruling Emphasizes Limits Of Franchisors' Liability
The Texas Supreme Court's recent ruling in Massage Heights Franchising v. Hagman, holding that a franchisor was not liable to a customer for the actions of a franchisee's employee, helps clarify the relative roles and responsibilities of the parties in such situations — and the limits of franchisors' duty of care, say attorneys at Polsinelli.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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Justices' Charter School Tie Delays Church-State Reckoning
The U.S. Supreme Court’s recent deadlock in Oklahoma Statewide Virtual Charter School Board v. Drummond, blocking the creation of the nation’s first religious charter school, preserved the separation of church and state for now, but offered little reassurance about its continued viability, says Jeffrey Sultanik at Fox Rothschild.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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Florida Case Could Redefine Construction Defect Damages
If a Florida appellate court overturns the trial court in a pending construction contract dispute, the state could experience a seismic shift in construction defect damages, effectively leaving homeowners and developers with an incomplete remedy, says Andrew Gold at Akerman.
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2 NY Rulings May Stem Foreign Co. Derivative Suits
In recent decades, shareholders have challenged the internal affairs doctrine by bringing a series of derivative actions in New York state court on behalf of foreign corporations, but the New York Court of Appeals' recent rulings in Ezrasons v. Rudd and Haussmann v. Baumann should slow that trend, say attorneys at Cleary.
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8th Circ. Ruling Highlights Complicated Remote Work Analysis
The Eighth Circuit’s recent opinion in Kuklenski v. Medtronic USA demonstrates that the applicability of employment laws to remote workers is often a fact-driven analysis, highlighting several parameters to consider when evaluating what state and local laws may apply to employees who work remotely, say attorneys at Vedder Price.
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Class Standing Issues Still Murky After Justices Punt LabCorp
While litigants and district courts had hoped the U.S. Supreme Court's ruling in LabCorp v. Davis would provide much-needed clarity on the interplay between Article III standing and class certification, the court's failure to rule on the issue leaves disagreement, confusion and uncertainty for stakeholders, says Erica Rutner at Cozen O'Connor.
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Indemnity Lessons From Mass. Construction Defect Ruling
The Massachusetts high court's decision in Trustees of Boston University v. CHA, holding that a bespoke contractual indemnity provision means that a construction defect claim is not subject to Massachusetts' statute of repose, should spur design and construction professionals to negotiate limited provisions, says Christopher Sweeney at Conn Kavanaugh.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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Justices' Ruling Lowers Bar For Reverse Discrimination Suits
The U.S. Supreme Court's unanimous opinion in Ames v. Ohio Department of Youth Services, lowering the evidentiary burden for plaintiffs bringing so-called reverse discrimination claims, may lead to more claims brought by majority group employees — and open the door to legal challenges to employer diversity, equity and inclusion initiatives, say attorneys at Ice Miller.
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Fed's Crypto Guidance Yank Could Drive Innovation
The Federal Reserve Board's recent withdrawal of guidance letters brings regulatory consistency and broadens banks' ability to innovate in the crypto-asset space, but key distinctions remain between the Fed's policy on crypto liquidity and that of the other banking regulators, says Dan Hartman at Nutter.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.