ÃÛÌÒÊÓÆµ

Appellate

  • June 16, 2025

    Pa. Court Revives Suit Over Patient's Bad Drug Reaction

    A Pennsylvania appellate panel on Monday reinstated a suit accusing a doctor of causing a patient's fainting and subsequent broken leg due to negligently prescribed medication, saying the trial court erroneously approved a dismissal bid that a different judge previously rejected.

  • June 16, 2025

    Texas Panel Says NY Law Applies In Tornado Coverage Row

    An Illinois-based company must litigate its insurance coverage battle over merchandise damage from a Dallas tornado under New York law, a Texas appeals court affirmed, finding the company's "legal injury" took place in New York.

  • June 16, 2025

    Faulty Gilstrap Instructions Sink $300M Apple Patent Verdict

    The Federal Circuit on Monday vacated a $300 million patent infringement jury verdict against Apple, saying the technology company's right to a unanimous verdict was violated by an Eastern District of Texas judge's instructions that lumped all asserted patents into one bulk infringement question.

  • June 16, 2025

    Gaming Group Backs High Court Fight In Wash. Compact Row

    The California Gaming Association is backing a casino owner and operator in its U.S. Supreme Court bid to undo a Ninth Circuit ruling dismissing the company's challenge to Washington state tribal gaming compacts, arguing the nonprofit has an interest in ensuring its members can pursue their legal claims.

  • June 16, 2025

    Dems Push DHS To Restart DACA Applications Nationwide

    U.S. Sen. Dick Durbin, D-Ill., ranking member of the Senate Judiciary Committee, and 40 other Senate Democrats are looking to ensure the Trump administration is following a Fifth Circuit decision that limited a block on the Deferred Action for Childhood Arrivals program solely to Texas.

  • June 16, 2025

    Texas Justices Say Park Repairs Trump Native Religion Claims

    A law forbidding Texas from enacting rules to curtail certain religious services does not extend to its preservation and management of publicly owned lands, the state Supreme Court said, weighing in on a Fifth Circuit dispute between Native American church members and the city of San Antonio over access to a local park.

  • June 16, 2025

    Fed. Circ. Reverses False Ad Verdict Against ThermoLife

    The Federal Circuit on Monday reversed a Florida federal court's decision that ThermoLife falsely promoted amino acid products used in supplements and engaged in unfair competition, but backed a sanctions award over a licensing agreement issue.

  • June 16, 2025

    Ohio Tells 6th Circ. PBM Case Doesn't Target Federal Work

    Ohio urged the Sixth Circuit to send its case accusing Express Scripts and Prime Therapeutics of driving up prescription drug prices through rebate schemes back to state court, arguing the case doesn't target any federal government work by the pharmacy benefit managers.

  • June 16, 2025

    Colo. Justices Allow Malicious Prosecution Case To Proceed

    The Colorado Supreme Court on Monday ruled unanimously that a plaintiff may still have probable cause in a malicious prosecution case even if they were unable to win in the original case at summary judgment.

  • June 16, 2025

    Live Nation Arbitration Firm Defends Its 'Flexible' Approach

    Live Nation's chosen arbitration firm is urging the U.S. Supreme Court to take up the concert giant's bid to force concertgoers into arbitration, arguing its procedures are fair, and it was wrongly dinged for what the Ninth Circuit called "internally inconsistent, poorly drafted" arbitration rules.

  • June 16, 2025

    Ga. Panel Says Injured Worker Bound By Past Pleadings

    The Georgia Court of Appeals has upheld an early win for an auto transport company and one of its drivers who allegedly injured another employee in a crash, ruling that his only path to resolving the dispute ran through the Peach State's workers' compensation statute.

  • June 16, 2025

    Fla. Court OKs Atty Fees To Associations In Rent Control Suit

    A Florida state appellate court reinstated a lawsuit brought by real estate groups against a county rent control measure saying they're owed attorney fees and costs as a "collateral legal consequence" of a challenge to a local ordinance that is preempted by state law.

  • June 16, 2025

    Fed. Circ. Urged To Jump In Over Fintiv Memo Withdrawal

    SAP America wants the Federal Circuit to rein in the effects of the U.S. Patent and Trademark Office decision to rescind a 2022 memo regarding when the Patent Trial and Appeal Board may deny review of patents based on parallel litigation.

  • June 16, 2025

    2nd Circ. Affirms That Ecuadoran Mother Failed Hardship Test

    The Second Circuit on Friday backed a Board of Immigration Appeals finding that an Ecuadoran woman failed to show how her removal would cause exceptional and extremely unusual harm to her U.S.-citizen children, saying the board committed no clear errors.

  • June 16, 2025

    6th Circ. Denies Mich. Gov.'s Rehearing Bid In Pipeline Suit

    A three-judge panel of the Sixth Circuit on Monday rejected a request for a rehearing from Michigan Gov. Gretchen Whitmer, who had asked the appellate court to reconsider its earlier decision that she didn't have sovereign immunity from Enbridge Energy's lawsuit seeking to halt her efforts to shut down the Line 5 pipeline.

  • June 16, 2025

    Worker Asks 4th Circ. To Rethink Tossed Pregnancy Bias Suit

    A former medical center worker who claims she was fired out of pregnancy bias urged the Fourth Circuit to reconsider upholding the dismissal of her suit, arguing the panel ignored evidence that she performed her job successfully when crediting her ex-employer's defense that she was fired for subpar work.

  • June 16, 2025

    4th Circ. Says No Premium Refunds Under Fed. Mortgage Law

    A Virginia homeowner cannot recover premiums he'd prepaid for private mortgage insurance under a federal law mandating such insurance for certain borrowers, the Fourth Circuit ruled Monday, finding the Homeowners Protection Act of 1998's premium refund provisions do not extend to voluntary insurance cancellation agreements.

  • June 16, 2025

    High Court Will Hear Chevron, Exxon Pollution Liability Case

    The U.S. Supreme Court agreed Monday to determine whether federal or state courts are the proper venue for Louisiana's bid to hold Chevron, Exxon Mobil and other major oil companies liable for damages to the state's coastal lands that were allegedly caused by World War II-era oil production activities.

  • June 16, 2025

    Fla. Justices To Weigh 'Blindfolded' Jury Selection Procedure

    The Florida Supreme Court has agreed to consider whether a so-called blindfolded jury selection method was fair to a man serving a life sentence for a murder conviction.

  • June 16, 2025

    Winery Can't Overcome Ex-Atty's 'Negligence' In Noise Suit

    The Pennsylvania Superior Court held in a precedential ruling that the negligence of a winery's former counsel in failing to communicate with the winery during litigation over operating in a neighborhood isn't a good enough reason to reverse an order shutting it down.

  • June 16, 2025

    Convict's Outbursts Didn't Warrant DQ, Conn. Justices Rule

    A Connecticut trial court judge acted within his power to consider and then add three criminal contempt sentences to a murder convict's prison term after the defendant hurled a series of racial and profane attacks at the court when a habeas corpus hearing concluded, the state's highest court ruled Monday.

  • June 16, 2025

    NJ Atty Disciplined For Private Law Work On GC Role Time

    A former general counsel for a New Jersey public agency previously fined for ethics breaches has now been censured, with the state Supreme Court issuing the discipline after finding he operated a private law practice out of his office at the agency.

  • June 16, 2025

    Fla. Judge Denies Ethics Breach Over Fake Recording

    A judge in Broward County, Florida, pushed back on ethics charges accusing her of publicly sharing a fabricated recording of a chief judge disparaging another judge in her 2024 election campaign, saying her actions did not violate the Code of Judicial Conduct.

  • June 16, 2025

    5th Circ. Won't Keep Dish Bias Case Out Of Arbitration

    The Fifth Circuit reinstated a Hispanic former Dish Network employee's suit claiming he was forced out in favor of a younger, white worker, but said the case had to remain in arbitration because he hadn't shown an agreement he signed was invalid.

  • June 16, 2025

    High Court Turns Down Influencer's Jury Right Appeal

    The U.S. Supreme Court refused Monday to hear the case of a social media influencer who argued his case deserved to be heard by a jury after he was convicted of a misdemeanor in a bench trial.

Expert Analysis

  • 8 Strategies For Proving The Laws Of Foreign Countries

    Author Photo

    A recently decided case in Virginia federal court highlighted some of the pitfalls surrounding expert testimony on foreign law, but certain strategies are available to counsel to circumvent these dilemmas, say attorneys at Arnold & Porter.

  • $38M Law Firm Settlement Highlights 'Unworthy Client' Perils

    Author Photo

    A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.

  • Hints Of Where Enforcement May Grow Under New ÃÛÌÒÊÓÆµ

    Author Photo

    Though the Consumer Financial Protection Bureau has significantly scaled back enforcement under the new administration, states remain able to pursue Consumer Financial Protection Act violators and the ÃÛÌÒÊÓÆµ seems set to enhance its focus on predatory loans to military members and fraudulent debt collection and credit reporting practices, say attorneys at MoFo.

  • Series

    Teaching Business Law Makes Me A Better Lawyer

    Author Photo

    Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.

  • Jurisdictional Issues At Play In 9th Circ.'s FCA Trade Case

    Author Photo

    A decision by the Ninth Circuit in Island Industries v. Sigma Corp. could result in the U.S. Court of International Trade’s exclusive jurisdiction over trade-related FCA cases, a big shift in the enforcement landscape just as tariffs take center stage in trade policy, say attorneys at Haynes Boone.

  • Deregulation Memo Presents Risks, Opportunities For Cos.

    Author Photo

    A recent Trump administration memo providing direction to agencies tasked with rescinding regulations under an earlier executive order — without undergoing the typical notice-and-review process — will likely create much uncertainty for businesses, though they may be able to engage with agencies to shape the regulatory agenda, say attorneys at Blank Rome.

  • 4th Circ. 'Actionable Inaccuracy' Finding Deepens FCRA Split

    Author Photo

    The Fourth Circuit's March finding in Roberts v. Carter-Young Inc. that an actionable inaccuracy under the Fair Credit Reporting Act can be both legal and factual widens an existing circuit split and should prompt furnishers to review their processes for investigating readily verifiable information, say attorneys at Blank Rome.

  • Series

    Law School's Missed Lessons: Mastering Discovery

    Author Photo

    The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.

  • Breaking Down 4th Circ. 'Actual Knowledge' Ruling For Banks

    Author Photo

    A recent decision from the Fourth Circuit finding that banks must have "actual knowledge" to be found liable for losses arising from an automated clearinghouse transfer warns that the more financial institutions know about a name mismatch issue for any particular transaction, the more liability they may face, say attorneys at Katten.

  • Strategies To Limit Inherent Damage Of Multidefendant Trials

    Author Photo

    As shown by the recent fraud convictions of two executives at the now-shuttered education startup Frank, multidefendant criminal trials pose unique obstacles, but with some planning, defense counsel can mitigate the harm and maximize the chances of a good outcome, says Kenneth Notter at MoloLamken.

  • Patent Takeaways In Fed. Circ.'s 1st Machine Learning Ruling

    Author Photo

    The Federal Circuit’s recent decision in Recentive Analytics v. Fox, a case of first impression affirming the invalidity of patents that applied general machine learning methods to conventional tasks, serves as a cautionary guide for patent practitioners navigating the complexities of machine learning inventions, say attorneys at Foley & Lardner.

  • AT&T Decision May Establish Framework To Block FCC Fines

    Author Photo

    The Fifth Circuit's recent decision in AT&T v. FCC upends the commission's authority to impose certain civil penalties, reinforcing constitutional safeguards against administrative overreach, and opening avenues for telecommunications and technology providers to challenge forfeiture orders, say attorneys at HWG.

  • Series

    Playing Guitar Makes Me A Better Lawyer

    Author Photo

    Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.

  • Crisis Management Lessons From The Parenting Playbook

    Author Photo

    The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.

  • High Court's Ruling May Not Stop Ghost Gun Makers

    Author Photo

    In Bondi v. VanDerStok, a majority of the U.S. Supreme Court ruled that the Gun Control Act applies to untraceable "ghost gun" kits under certain circumstances — but companies that produce these kits may still be able to use creative regulatory workarounds to evade government oversight, says Samuel Bassett at Minton Bassett.

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.