ÃÛÌÒÊÓÆµ

Appellate

  • June 23, 2025

    Fed. Circ. Revives Helium Refiner's Contract Dispute With Feds

    A Federal Circuit panel on Monday revived a helium refiner's suit alleging the U.S. Bureau of Land Management supplied it with out-of-specification helium gas mixtures, ruling the Court of Federal Claims botched a breach of contract analysis when it dismissed the case.

  • June 23, 2025

    Dems Laud Axing Of Budget Bill's Injunction Bond Provision

    A provision meant to up the ante for plaintiffs filing lawsuits against the federal government by increasing the use of injunction bonds has been ruled ineligible for inclusion in the budget reconciliation package.

  • June 23, 2025

    Crypto Exec Seeks 5th Circ. Redo Over IRS Summonses

    A cryptocurrency executive asked the Fifth Circuit to reconsider his request to quash IRS summonses for his bank records, saying its decision that he was prematurely trying to appeal a lower court's ruling ignored his claims that the agency's documents were incomplete and lacked legal power.

  • June 23, 2025

    Texas Justices Find No Sign Of Negligence In Truck Crash

    The Texas Supreme Court has thrown out a trucker's suit alleging that another trucker's negligence caused a collision after a tire blowout, saying the plaintiff failed to show any evidence that the crash was the result of anything other than an unavoidable accident.

  • June 23, 2025

    9th Circ. Won't Revisit Opinion In Sam Smith Copyright Case

    The full Ninth Circuit will not revisit a three-judge panel's decision to revive a lawsuit over pop stars Sam Smith and Normani's 2019 hit "Dancing With a Stranger."

  • June 23, 2025

    IT Co. Can't Get Justices To Review White Worker's Bias Suit

    The U.S. Supreme Court refused Monday to review a Third Circuit ruling that revived a proposed class action claiming a subsidiary of India-based Tech Mahindra unlawfully favored South Asian workers, despite the company's argument that the appeals court had deepened a circuit split.

  • June 23, 2025

    Justices To Review Liability For Forcing Prisoner's Haircut

    The U.S. Supreme Court will hear a former Louisiana prisoner's case for damages after guards forcibly shaved his head, removing the dreadlocks he maintained as part of his Rastafarian religion.

  • June 23, 2025

    Justices Skip Pa. Med Mal Fund's Bid To Shield $300M Surplus

    The U.S. Supreme Court said Monday it won't decide if Pennsylvania's medical malpractice insurance fund is a government entity for the purpose of determining if the state is authorized to dip into the money pool's $300 million budget surplus. 

  • June 23, 2025

    Justices Nix $23M Venezuela Chemical Co. Suit

    The U.S. Supreme Court on Monday turned away a Venezuelan state-owned petrochemicals company's petition challenging the enforcement of a $23 million debt owed to a Florida chemical wholesaler, a case that sought clarity on which party has the burden of proving whether sovereign immunity applies.

  • June 23, 2025

    High Court Won't Revisit 'Right-To-Control' Fraud Case

    The U.S. Supreme Court on Monday refused to take a second look at the landmark case that disposed of the "right-to-control" theory of fraud, rejecting a petition that argued the Second Circuit had wrongly remanded the action for retrial before resolving the appeal at hand.

  • June 23, 2025

    Justices Won't Hear Kosher Worker's OT Exemption Case

    The U.S. Supreme Court declined Monday to review a ruling that an Orthodox Jewish organization is immune from a worker's overtime claims because he falls under the First Amendment's ministerial exception.

  • June 23, 2025

    Justices Pass On La. Regulators' Tesla Sales Ban

    The U.S. Supreme Court on Monday declined to review a Fifth Circuit decision that revived Tesla's lawsuit accusing Louisiana car dealers and regulators of illegally excluding the direct-sale automaker from the state, following a notification from the parties of their intent to reach a settlement.

  • June 20, 2025

    6th Circ. Upends Flagstar Bank Win In Overdraft Fees Suit

    The Sixth Circuit on Friday undid Flagstar Bank's win against a putative consumer protection class action accusing it of charging customers surprise overdraft fees, saying in an unpublished opinion that a rational factfinder could possibly conclude that the bank breached its terms and conditions.

  • June 20, 2025

    Supreme Court Won't Leapfrog DC Circ. Over Trump's Tariffs

    The U.S. Supreme Court rejected a request from two Illinois-based toy makers challenging President Donald Trump's emergency tariffs to consider their case before it is reviewed by the D.C. Circuit.

  • June 20, 2025

    High Court Urged To Rein In FDA Oversight Of Stem Cells

    The Association of American Physicians and Surgeons asked the U.S. Supreme Court Friday to review a Ninth Circuit decision the organization argued would wrongly give the government control over a patient's own stem cells.

  • June 20, 2025

    Bloomingdale's Website Tracking Suit Revived On CIPA Claim

    The Ninth Circuit on Friday reversed the toss of a proposed class action accusing Bloomingdale's of illegally capturing website visitors' activities in violation of the California Invasion of Privacy Act, finding the plaintiff had sufficiently alleged that the retailer had disclosed the "contents" of her communications to a third-party software provider.

  • June 20, 2025

    Ga. Panel Says Suit To Collect $12.1M Judgment Too Late

    The Georgia Court of Appeals on Friday said a trial court rightly found Mariner Healthcare Management Co.'s lawsuit against Sovereign Healthcare LLC over the recovery of a $12.1 million judgment was barred by the state's four-year statute of limitations for fraud.

  • June 20, 2025

    San Antonio Pushes To Repair Park Amid Tribal Dispute

    The city of San Antonio has asked the Fifth Circuit to lift a stay on a tribal appeal after the Texas Supreme Court answered a question about a state law addressing religious practices, arguing that the high court's opinion rules out two Native Americans' claims.

  • June 20, 2025

    Texas High Court Finds Pilots Union's Can Sue Over 737 Max

    The Texas Supreme Court on Friday put wind beneath the wings of a Southwest Airline Pilots Association's suit aiming to hold Boeing responsible for its members' economic losses after regulators grounded the 737 Max aircraft, finding the Railway Labor Act does not preempt the union's claims.

  • June 20, 2025

    8th Circ. Sends SEC's $12M Dealer Suit Back To District Court

    The Eighth Circuit on Friday granted a request from the U.S. Securities and Exchange Commission to remand a $12 million unregistered dealer judgment the agency won against financial firm Carebourn Capital LP back to the district court, despite Carebourn's bid to keep the matter in the federal appeals court.

  • June 20, 2025

    Fla. Panel Reverses Life Sentence In Carjacking Case

    A Florida appellate court reversed a life sentence for a man convicted of felony battery and carjacking, saying the lower court wrongly believed it didn't have the discretion to impose a lighter punishment.

  • June 20, 2025

    EPA Told To Explain Its Crop-Based Fuel Standards

    The D.C. Circuit on Friday returned a mixed opinion on challenges from green groups to the U.S. Environmental Protection Agency's 2023-2025 renewable fuel standards, upholding the agency's volume-setting process but ruling that its climate change analysis was arbitrary and capricious under the Clean Air Act.

  • June 20, 2025

    9th Circ. Backs 'Legitimate' Bar Membership Admission Rules

    The Ninth Circuit on Friday tossed a challenge to local rules in district courts in the circuit requiring lawyers to be bar members in the state where the court is located in order to seek general admission, saying admission rules aren't unconstitutional and there are several "legitimate reasons" for the rule.

  • June 20, 2025

    Fed. Circ. Revives MSN Challenge To Bausch IBS Drug Patent

    The Federal Circuit has instructed the Patent Trial and Appeal Board to take another crack at evaluating the validity of a drug patent owned by Bausch Health Ireland Ltd., holding that the PTAB's initial decision lacked the detail needed to determine whether it was right or wrong.

  • June 20, 2025

    2nd Circ. Affirms End Of NFL Meta Pixel Code Privacy Suit

    The Second Circuit on Friday declined to revive a New York federal lawsuit against the NFL over its use of Meta's tracking pixel on its website, finding an ordinary person would not be able to decipher the information collected.

Expert Analysis

  • Notable Q1 Updates In Insurance Class Actions

    Author Photo

    The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.

  • 2nd Circ. Ruling May Aid Consistent Interpretation Of ADA

    Author Photo

    In Tudor v. Whitehall Central School District, the Second Circuit joined the majority of circuits by holding that an employee's ability to perform their job without an accommodation does not disqualify them from receiving one, marking a notable step toward uniform application of the Americans with Disabilities Act nationwide, says Michelle Grant at Wilson Elser.

  • EPA's Proposed GHG Reform Could Hinder Climate Regulation

    Author Photo

    The Trump administration will reconsider the U.S. Environmental Protection Agency's landmark 2009 greenhouse gas endangerment finding, which could leave the U.S. federal government with no statutory authority whatsoever to regulate climate change or greenhouse gas emissions, says David Smith at Manatt.

  • Series

    Power To The Paralegals: The Value Of Unified State Licensing

    Author Photo

    Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.

  • Fed. Circ. In March: Forfeiting Claim Construction On Appeal

    Author Photo

    The Federal Circuit's decision in Wash World v. Belanger last month confirms the importance of fair notice to the district court when determining forfeiture of an argument on appeal in the context of patent claim construction, allowing appellants to better gauge the appropriate framing of arguments that may be presented, say attorneys at Knobbe Martens.

  • 1st Circ. Ruling May Slow SEC Retail Investment Advice Cases

    Author Photo

    The First Circuit's recent ruling, finding the U.S. Securities and Exchange Commission did not substantiate its $93.3 million fine against a retail investment adviser, may raise the threshold on materiality findings in these cases and add a speed bump resulting in fewer such actions, say attorneys at Weil.

  • 10 Soft Skills Every GC Should Master

    Author Photo

    As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.

  • 6 Criteria Can Help Assess Executive Branch Actions

    Author Photo

    With new executive policy changes announced seemingly every day, several questions can help courts, policymakers and businesses determine whether such actions are proper, effective and in keeping with our democratic norms, say Marc Levin and Khalil Cumberbatch at the Council on Criminal Justice.

  • Fed Circ.'s PTAB Ruling Highlights Obsolete Rationale

    Author Photo

    The Federal Circuit's recent decision in In re: Riggs shines a new light on its 2015 decision in Dynamic Drinkware v. National Graphics, and raises questions about why the claim support requirement established by Dynamic Drinkware exists at all, say attorneys at Patterson Belknap.

  • Traversing The Shifting Sands Of ESG Reporting Compliance

    Author Photo

    Multinational corporations have increasingly found themselves between a rock and a hard place attempting to comply with EU and California ESG requirements while not running afoul of expanding U.S. anti-ESG regimes, but focusing on what is material to shareholder value and establishing strong governance can help, say attorneys at MoFo.

  • An Unrestrained, Bright-Eyed View Of Legal AI's Future

    Author Photo

    Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.

  • Tracking The Evolution In Litigation Finance

    Author Photo

    Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.

  • Addressing Antitrust Scrutiny Over AI-Powered Pricing Tools

    Author Photo

    Amid multiple recent civil complaints alleging antitrust violations by providers and users of algorithmic pricing tools, such as RealPage and Yardi, digital-era measures should feature prominently in corporate compliance programs, including documentation of pro-competitive benefits and when to use disclosures, say attorneys at Morgan Lewis.

  • Opinion

    In Vape Case, Justices Must Focus On Agencies' Results

    Author Photo

    With the U.S. Supreme Court's ruling in U.S. Food and Drug Administration v. Wages and White Lion Investments having put off the question of whether agency decisions arrived at erroneously are always invalid, the court should give the results of agency actions more weight than the reasoning behind them when it revisits this case, says Jonathan Sheffield at Loyola University Chicago School of Law.

  • Series

    Volunteer Firefighting Makes Me A Better Lawyer

    Author Photo

    While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.

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.