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Appellate
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July 01, 2025
ACLU Wants To Oppose Ex-Yale Student's Defamation Suit
Saying the issue is too important to sit out, the ACLU's Connecticut litigation arm and other nonprofits have asked a state appeals court's permission to file a friend-of-court brief to support different organizations that filed a rejected amicus brief in a separate case and were sued for defamation.
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July 01, 2025
4th Circ. Affirms CVS Win In Vaccine Injury Suit
CVS Pharmacy can't be held liable for the chronic neurological injuries a woman suffered due to the allegedly improper injection of two vaccines, the Fourth Circuit ruled Tuesday in a published opinion, noting that federal law shields the company for one of the shots, and it's unclear which caused the harm.
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July 01, 2025
The Sharpest Dissents From The Supreme Court Term
The term's sharpest dissents often looked beyond perceived flaws in majority reasoning to raise existential concerns about the role and future of the court, with the justices accusing one another of rewarding executive branch lawlessness, harming faith in the judiciary and threatening democracy, sometimes on an emergency basis with little briefing or explanation.
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July 01, 2025
Full Fed. Circ. Rejects Mylan Rehearing Bid In Patent Case
The full Federal Circuit on Tuesday shot down Mylan's request for the court to reconsider a March ruling that the company's planned generic version of schizophrenia drug Invega Trinza would cause physicians to infringe a Janssen patent.
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July 01, 2025
Calif. Panel Backs Warner Bros.' Win In Writer's Film Theft Suit
A California appeals court refused to revive a writer's lawsuit alleging Warner Bros.' film "Life of the Party" was a "cinematic clone" of her concept about a mother going to college with her daughter, ruling Monday the evidence shows the film was independently created without knowledge of the plaintiff's ideas.
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July 01, 2025
Mich. Judge Probes Conflict In Ex-GC's Whistleblower Suit
A Michigan appellate judge Tuesday pressed an attorney representing a town's former general counsel for proof that his client was fired for reporting what he described as corruption, suggesting his role as both human resources director and general counsel may have created inherent conflicts justifying the dismissal.
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July 01, 2025
All Eyes On Congress After FCC Subsidy's High Court Win
Supporters of the Federal Communications Commission's subsidies for phone and broadband service notched a clear win at the U.S. Supreme Court last week when justices upheld the Universal Service Fund's levy on telecom companies, but lawmakers now face pressure to beef up the $9 billion program's revenue sources.
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July 01, 2025
RI Urges 1st Circ. To Toss Challenge To Pot License Regs
Rhode Island marijuana regulators told the First Circuit on Tuesday that a lower court federal judge was correct to toss a constitutional challenge to the state's cannabis regulations, which had not yet been published when the lawsuit was initially filed.
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July 01, 2025
Justices Face Busy Summer After Nixing Universal Injunctions
The U.S. Supreme Court's decision to limit nationwide injunctions was one of its biggest rulings of the term — a finding the court is likely going to be dealing with all summer. Here, Law360 takes a look at the decision, how it and other cases on the emergency docket overshadowed much of the court's other work, and what it all means for the months to come.
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July 01, 2025
Hurricane Beryl Lawsuits Combined Into MDL
The Texas Multi-District Litigation Panel has agreed to consolidate cases stemming from a July 2024 hurricane into an MDL.
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July 01, 2025
Compounding Restitution Is Unconstitutional, High Court Told
Nonprofits, think tanks and legal scholars filed briefs this week urging the U.S. Supreme Court to rule that a federal law requiring criminals to continue paying restitution with compounding interest for decades after conviction is unconstitutional because it can exponentially increase punishment for a crime.
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July 01, 2025
No New Trial, But $10.5M Ga. MedMal Verdict Could Be Cut
A Georgia OB-GYN practice that was hit with a $10.5 million verdict over the death of prematurely delivered twins was denied a shot at a new trial Tuesday by the Georgia Court of Appeals, but could get a chance to slash the judgment thanks to a recent Supreme Court of Georgia ruling.
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July 01, 2025
Unvaccinated Ex-Staffer Can Pursue Leaked Health Info Claims
A Missouri appeals court on Tuesday revived a former hospital staffer's claims that her former employer failed to protect her medical records while she was a patient, leading to her coworkers finding out she was unvaccinated against the COVID-19 virus and them harassing her until she resigned.
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July 01, 2025
Mass. Justices Affirm Insurers Can Tap Workers' Comp Fund
Insurers who have stopped writing workers' compensation policies but are still paying on older claims in Massachusetts are entitled to partial reimbursement from a state trust fund created to offset the higher costs of covering some individuals, because the money comes from employers rather than the insurers, the state's highest court concluded on Tuesday.
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July 01, 2025
Ga. Justices To Review $33M Verdict In Student Crash Death
The Supreme Court of Georgia has agreed to review a state appellate court's decision that a metro Atlanta city must pay a $33 million verdict awarded to the parents of a college student who died after crashing into a roadside planter.
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July 01, 2025
US Attorney Picks Include Alina Habba And Senator's Son
The president sent 14 U.S. attorney nominations to the Senate on Tuesday, including Alina Habba, the president's former counselor and personal attorney, for the District of New Jersey and Arch Moore Capito, the son of Sen. Shelley Moore Capito, R-W. Va., for the Southern District of West Virginia.
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July 01, 2025
Texas Law Shield Must Face Revived Client Solicitation Suit
A Texas appeals court has revived an anti-barratry lawsuit accusing a legal organization that advises people hit with firearms-related actions of illegally and unethically marketing attorney services during a training session on active shooters in late 2022, finding that fact issues raised in the case had not been addressed.
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July 01, 2025
Pa. Leaders Split At 3rd Circ. Over Tossing Undated Votes
A Third Circuit panel's uncertainty over Pennsylvania's rejection of undated mail-in ballots intensified Tuesday during an oral argument as top Keystone State officials took opposing sides about the constitutionality of the date requirement.
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July 01, 2025
Top Personal Injury, Med Mal News: 2025 Midyear Report
A U.S. Supreme Court ruling over whether personal injury claims can be brought under a RICO statute and a $7.4 billion settlement reached with the Sackler family and Purdue Pharma are among Law360's top personal injury and medical malpractice cases from the first six months of 2025.
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July 01, 2025
4th Circ. Says Rig Worker Not A Party To Arbitration Pact
A rig worker's limited liability company — but not the worker himself — is a party to an oil and gas company's arbitration agreement, the Fourth Circuit ruled Tuesday, rejecting the firm's bid to send the former employee's wage and hour suit to arbitration.
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July 01, 2025
7th Circ. Backs Walmart's 'Raw Honey' False Ad Dismissal Win
A Walmart customer who accused the retail giant of falsely labeling processed honey as raw or organic "pled himself out of court" by acknowledging the product's higher chemical compound levels could have other obvious explanations beyond simply overheating, the Seventh Circuit said Tuesday.
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July 01, 2025
Proxy Firms Don't 'Solicit' Investor Votes, DC Circ. Rules
A D.C. Circuit panel Tuesday ruled that proxy advisory firms do not "solicit" proxy votes, thus denying a manufacturing industry group's attempt to revive a U.S. Securities and Exchange Commission rule regulating those firms.
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July 01, 2025
2nd Circ. Scrubs $4M Wet Wipes Settlement Over Atty Fees
The Second Circuit on Tuesday vacated a $4 million settlement agreement to end claims that wet wipes made by Kimberly-Clark Corp. are not flushable as advertised, saying the trial court didn't properly consider the allocation of recovery between class counsel and the class.
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July 01, 2025
Groups Urge Fed. Circ. To Stop USPTO Retroactive Denials
Advocacy groups in the communications, automotive and technology fields have thrown their support behind Motorola's challenge of the U.S. Patent and Trademark Office's decision to retroactively apply a decision withdrawing earlier guidance on when the Patent Trial and Appeal Board should not review patent challenges.
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July 01, 2025
Fed. Circ. Won't Revisit Jepson Claim Ruling In Xencor IP Case
The Federal Circuit won't rethink the U.S. Patent and Trademark Office's decision rejecting Xencor's application for an antibody patent that used the so-called Jepson claim format.
Expert Analysis
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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.
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Statistics Tools Chart A Path For AI Use In Expert Testimony
To avoid the fate of numerous expert witnesses whose testimony was recently deemed inadmissible by courts, experts relying on artificial intelligence and machine learning should learn from statistical tools’ road to judicial acceptance, say directors at Secretariat.
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High Court Birthright Case Could Reshape Judicial Power
Recent arguments before the U.S. Supreme Court in cases challenging President Donald Trump’s birthright citizenship executive order primarily focused on federal judges’ power to issue nationwide injunctions and suggest that the upcoming decision may fundamentally change how federal courts operate, says Mauni Jalali at Quinn Emanuel.
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Ore. High Court Ruling Widens Construction Defect Coverage
A recent Oregon Supreme Court decision, Twigg v. Admiral Insurance, dispels the myth that a contractor's liability for defective work is uninsurable if pursued as a breach of contract, say attorneys at Stoel Rives.
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Justices Hand Agencies Broad Discretion In NEPA Review
By limiting the required scope of reviews under the National Environmental Policy Act, the U.S. Supreme Court's recent ruling in Seven County Infrastructure Coalition v. Eagle County could weaken the review process under NEPA, while also raising questions regarding the degree of deference afforded to agencies, say attorneys at Foley Hoag.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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Appellate Guidance Needed On California Chatbot Litigation
There is wide variation in how courts are applying the California Invasion of Privacy Act against website owners that allegedly help third parties spy on visitors via chatbots — and the lack of appellate rulings creates uncertainty, especially as these cases move toward the summary judgment stage, say attorneys at Crowell & Moring.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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The Sentencing Guidelines Are Commencing A New Era
Sweeping new amendments to the U.S. sentencing guidelines — including the elimination of departure provisions — intended to promote transparency and individualized justice while still guarding against unwarranted disparities will have profound consequences for all stakeholders, say attorneys at Blank Rome.
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Justices Widen Gap Between Federal, Calif. Enviro Reviews
While the U.S. Supreme Court's recent opinion in Seven County Infrastructure Coalition v. Eagle County, Colorado, narrowed the scope of National Environmental Policy Act reviews, it may have broadened the gulf between reviews conducted under NEPA and those under the California Environmental Quality Act, say attorneys at Hanson Bridgett.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.