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Appellate

  • May 20, 2025

    Subpoena For Alleged Trans Care Must Stand, Texas Says

    A Texas appeals court on Tuesday pressed the state to explain why the principle of sovereign immunity should stop patients who potentially received gender affirming care from trying to block a subpoena, saying during oral arguments a challenge to a subpoena seems to fall outside sovereign immunity.

  • May 20, 2025

    Barclays Officials Beat Shareholder's Suit At NY High Court

    New York's highest court on Tuesday rejected arguments that current and former officials of London-based Barclays PLC can be sued under New York law over a series of scandals that have rocked the bank, a decision that sparked rebuke from the court's chief judge.

  • May 20, 2025

    Split 5th Circ. Clears Ex-Texas Tech Dean In Free Speech Suit

    A split Fifth Circuit panel ruled Tuesday that the qualified immunity doctrine shields a former Texas Tech University business school dean from First Amendment claims brought by a professor who alleged he was retaliated against for his anti-tenure views, while a dissenting judge criticized the majority for their truncated qualified-immunity analysis.

  • May 20, 2025

    4th Circ. Says Suit Over Copter Pilot's Death Must Go To Jury

    The Fourth Circuit has reinstated a lawsuit by the widow of a crop-dusting pilot who crashed after his helicopter became tangled in a steel cable stretched over the property, ruling in a published opinion issued Monday that a jury must be the one to decide whether the landlord should have known that the wire posed a danger to the pilot.

  • May 20, 2025

    DC Circ. Won't Revive Okla. Tribe's Creek Land Dispute

    The D.C. Circuit on Tuesday affirmed the dismissal of an Oklahoma tribe's challenge to a decision that rejected its proposed liquor ordinance in a dispute over shared jurisdiction with the Muscogee (Creek) Nation, agreeing with the district court that the complaint failed to identify a valid cause of action that entitles relief.

  • May 20, 2025

    Dem Lawmakers Reintroduce Supreme Court Ethics Bill

    Two Democratic lawmakers on Tuesday reintroduced bills in the House and Senate that would require the U.S. Supreme Court to adopt a binding ethics code and create new recusal and disclosure standards for the nine justices.

  • May 20, 2025

    UPS Can't Escape $75M Crash Award To Brain-Damaged Baby

    A Missouri appellate panel on Tuesday affirmed a jury's $65 million verdict plus about $10 million in interest in a suit accusing United Parcel Service of negligently causing a car crash resulting in a baby's brain damage, saying evidence regarding the driver's history of drug abuse was properly allowed.

  • May 20, 2025

    Full 11th Circ. Asked To Review Case Of Fla. Lodge Shooting

    A Virginia insurer petitioned for a full Eleventh Circuit panel hearing to review a three-judge opinion holding that a jury should decide whether it was in bad faith to not settle a case of a woman who was killed in a Florida lodge shooting, saying the ruling could make insurance more expensive.

  • May 20, 2025

    Assessing The Design Patent Impact Of LKQ, One Year Later

    It's been one year since the full Federal Circuit's LKQ v. GM decision threw out longstanding tests for determining if design patents are invalid as obvious, and attorneys say it's too soon to tell if the ruling will change invalidity results, but it has reshaped legal strategies.

  • May 20, 2025

    Ga. Panel Says Affidavit Won't Sink Couple's Surgery Suit

    The Georgia Court of Appeals rejected Southern Regional Medical Center and one of its nurses' arguments that a trial court should have tossed a married couple's lawsuit over injuries stemming from a hysterectomy over their failure to attach a required affidavit to their complaint.

  • May 20, 2025

    4th Circ. Won't Revive Md. Retirees' Drug Benefits Case

    The Fourth Circuit backed Maryland's defeat of a proposed class action alleging it broke promises made to retirees when it transitioned their prescription drug benefits to Medicare Part D, saying Tuesday that a lower court was right to toss the case.

  • May 20, 2025

    Wash. Panel Affirms Toss Of Vrbo Host's Rental Coverage Row

    Washington appellate judges refused to revive a Vrbo host's suit against a Liberty Mutual unit and a company that arranged a policyholder's temporary housing while her home was being repaired, saying the companies did not breach a nonexistent contract with the host by ceasing to pay the policyholder's rent.

  • May 20, 2025

    The Alien Enemies Act Cases: A Roundup

    Litigation over President Donald Trump’s March 14 proclamation invoking the 1798 Alien Enemies Act has moved at breakneck speed, spurring two U.S. Supreme Court decisions already while at least five different districts weigh his authority to invoke the wartime law. Here, Law360 catches you up on major developments in the litigation.

  • May 20, 2025

    9th Circ. Says Dad Didn't Show Sons' Hardships If Deported

    The Ninth Circuit on Tuesday rejected a Mexican father's bid for deportation relief based on extreme hardships he claimed his sons would face if they accompanied him to Mexico, saying in a published opinion that substantial evidence suggested otherwise.

  • May 20, 2025

    Texas A&M Says Prof's Pregnancy Leave Wasn't Under FMLA

    Texas A&M University told a state appellate court that it should be freed from a lawsuit brought by a professor who was denied tenure because she technically never took family medical leave as she claimed.

  • May 20, 2025

    2nd Circ. Affirms Dismissal Of Lab's Payment Suit Against Cigna

    The Second Circuit on Tuesday upheld the dismissal of a lawsuit that a New Jersey-based diagnostics laboratory brought to seek payments from Cigna Health & Life Insurance Co., holding that the lab's "failure to allege contract formation" defeated many of its claims and it has no standing under the Employee Retirement Income Security Act.

  • May 20, 2025

    Ill. Panel OKs $2.8M Foot Surgery Award, But Questions Bond

    An Illinois jury's $2.8 million verdict against a podiatrist accused of botching two foot surgeries should stand, but the trial court should reconsider a higher appeal bond if the defendants decide to pursue further review, a state appellate panel said Monday.

  • May 20, 2025

    Ex-NCAA Basketball Players Appealing NIL Denial To 2nd Circ.

    A group of 16 former men's basketball players suing the NCAA for unrealized name, image and likeness compensation filed notice Monday that they plan to appeal to the Second Circuit a New York federal court's decision to toss their lawsuit.

  • May 20, 2025

    NJ Justices Take Up Bond Marketing Suit Against Big Banks

    The New Jersey Supreme Court will review a lower appellate court's ruling in favor of JPMorgan Chase & Co., Citigroup Inc., Wells Fargo and other big banks in a lawsuit accusing them of a scheme to inflate the interest rates of certain bonds, according to an order list the justices released Tuesday.

  • May 20, 2025

    Cozen O'Connor's Insurance Team Hires Former Deputy AG

    Veteran insurer-side litigator Frank Toddre II has joined Cozen O'Connor in Las Vegas from Lewis Brisbois Bisgaard & Smith LLP, the business law firm announced, touting his experience as a former senior deputy attorney general in Nevada and a seasoned Ninth Circuit appellate and civil rights attorney.

  • May 20, 2025

    4th Circuit Won't Halt Order For Asylum-Seeker's Return

    A divided Fourth Circuit denied the Trump administration's request to halt a district court order requiring the government to bring back a 20-year-old Venezuelan with a pending asylum application who was deported to a Salvadoran prison despite a class settlement barring his removal.

  • May 20, 2025

    Split 4th Circ. Finds Testimony Sufficed For Bad Advice Claim

    A divided Fourth Circuit panel on Tuesday ordered the government to offer a North Carolina man another shot at a plea deal he rejected, finding his defense attorney's bad advice caused him to pass over the bargain and get saddled with a longer sentence.

  • May 20, 2025

    King & Spalding Pushes To Exit Long-Running Fla. Condo Suit

    A Florida state appellate court has granted a temporary stay to a long-running dispute over a Miami Beach condominium's amenities in order to review King & Spalding LLP's petition to leave the case after its attorneys cited irreconcilable differences with its client, condo owner Bath Club Entertainment LLC.

  • May 20, 2025

    State AGs Back NJ Judicial Privacy Law At 3rd Circ.

    Most states' attorneys general, along with law enforcement organizations and a data privacy group, have encouraged the Third Circuit to uphold a New Jersey judicial privacy measure, saying states have sovereignty to enact such laws in a time of increased threats against judges.

  • May 20, 2025

    1st Circ. Tosses Puerto Rican Players' MLB Antitrust Appeal

    The First Circuit has dismissed an appeal in a wage-fixing antitrust action filed by minor league players against the MLB and its teams, finding the players committed a critical error by not objecting to a federal magistrate judge's recommendation to dismiss the underlying case.

Expert Analysis

  • 5 Ways To Create Effective Mock Assignments For Associates

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    In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.

  • More Environmental Claims, More Greenwashing Challenges

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    As companies prepare for the 2025 greenwashing landscape, they should take heed of a D.C. appellate decision that shows that environmental claims are increasingly subject to attack and provides plaintiffs with a playbook for challenging corporate claims of sustainability, say attorneys at Sidley.

  • Calif. Cannabis Decision Deepens Commerce Clause Divide

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    In Peridot Tree v. Sacramento, the Eastern District of California joined a growing minority of courts that have found the dormant commerce clause inapplicable to state-regulated marijuana, and the Ninth Circuit will soon provide important guidance on this issue, say attorneys at Perkins Coie.

  • 4 Employment Law Areas Set To Change Under Trump

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    President Donald Trump's second term is expected to bring significant changes to the U.S. employment law landscape, including the potential for updated worker classification regulations, and challenges to diversity, equity and inclusion that are already taking shape, say attorneys at Debevoise.

  • A Defendant's Guide To 4 Common ÃÛÌÒÊÓÆµ Discovery Tactics

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    With the Consumer Financial Protection Bureau's recent flurry of new lawsuits showing no signs of stopping, defendants should know the bureau's most relied-upon discovery strategies — and be prepared to resist them, say attorneys at Goodwin.

  • What Employment Bias Litigation Looks Like After Muldrow

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    Nine months after the U.S. Supreme Court created an undemanding standard for discrimination claims in Muldrow v. St. Louis, Eric Schnapper at the University of Washington discusses how the Title VII litigation landscape has changed and what to expect moving forward.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2024

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.

  • Royal Canin Ruling Won't Transform Removal Jurisdiction

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    The U.S. Supreme Court's ruling in Royal Canin USA v. Wullschleger means that federal district courts must now remand whenever an amended complaint excises grounds for federal jurisdiction — but given existing litigation strategy and case law trends, this may ultimately preserve, rather than alter, the status quo, say attorneys at Norton Rose.

  • Class Actions At The Circuit Courts: Nov. And Dec. Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.

  • Mentorship Resolutions For The New Year

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    Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.

  • Algorithm Price-Fixing Ruling May Lower Antitrust Claims Bar

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    A Washington federal court's refusal to dismiss Duffy v. Yardi Systems, an antitrust case over rent prices allegedly inflated by revenue management software, creates an apparent split in the lower courts over how to assess such claims, say attorneys at Morgan Lewis.

  • What Insurers Should Know About AI Use In Litigation

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    As the use of artificial intelligence in litigation evolves, insurers should note standing court orders, instances of judges utilizing AI to determine policy definitions and the application of evidentiary standards to expert evidence that incorporates AI, says Sarah Abrams at Baleen Specialty.

  • Series

    Coaching Little League Makes Me A Better Lawyer

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    While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.

  • UK Lawyers Can Access Broad US Discovery To Win Cases

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    Given its breadth, U.S. discovery can be a powerful tool in litigation in the U.K. and other jurisdictions outside the U.S., and a survey of recent cases indicates that discovery requests made in the U.S. are likely to be granted — with many applications even proceeding without contest, say lawyers at Miller & Chevalier.

  • 7 Employment Contracts Issues Facing DOL Scrutiny

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    A growing trend of U.S. Department of Labor enforcement against employment practices that limit workers' rights and avoid legal responsibility shines a light on seven unique contractual provisions that violate federal labor laws, and face agressive litigation from the labor solicitor, says Thomas Starks at Freeman Mathis.

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