ÃÛÌÒÊÓÆµ

Appellate

  • July 15, 2025

    Voxer Sues Google And Amazon Over Streaming Patents

    Virtual walkie-talkie maker Voxer has sued Google and Amazon in Delaware federal court, claiming they infringed the same network reception patents resulting in a $206 million trial win in a separate case against Meta in 2022 that was later vacated after a settlement.

  • July 15, 2025

    NC Justices Urged To Halt Project Tract's Foreclosure Sale

    A North Carolina property owner and other parties urged the state's high court Tuesday to pause foreclosure proceedings for a property that's part of a mixed-use real estate development project, arguing that an entity created by one of the project partners wrongfully increased the owner's related loan debt.

  • July 15, 2025

    Door Maker Defends Landmark Divestiture Order At 4th Circ.

    Steves & Sons Inc. has urged the Fourth Circuit to preserve the first court-ordered divestiture in a private merger challenge, arguing Jeld-Wen's sale of the Pennsylvania factory restored competition in the market for the door skins used to make molded interior doors.

  • July 15, 2025

    Wash. Court Doubts Hospitals' Bid To Nix $230M Judgment

    A Washington state appellate judge criticized a hospital system's attempt to undo a $230 million loss in a class wage and hour suit on Tuesday, suggesting the employer's arguments about meal break waivers and timekeeping practices are at odds with its own records.  

  • July 15, 2025

    Forgotten Jury Instruction Undoes Child Abuse Conviction

    A Georgia Court of Appeals panel on Tuesday reversed a man's conviction for cruelty to children after it found that he received constitutionally ineffective counsel when his attorney forgot to request a key jury instruction.

  • July 15, 2025

    Michigan Court Eases Rules On Admitting Past Abuse Evidence

    The Michigan Supreme Court on Monday ruled that evidence of a sexual assault victim's past abuse is generally barred from being presented during trial but modified the test used to determine when such information can be admitted to no longer require the previous abuse to have resulted in a conviction.

  • July 15, 2025

    11th Circ. Says Big Rig Driver's Fire Risk Was 'Obvious'

    The Eleventh Circuit on Tuesday upheld an early win for truck manufacturer Daimler Truck AG in a suit from a Georgia driver who was badly burned in a crash with a Daimler-manufactured truck, ruling that the "open and obvious" risk of a fire in a high-speed collision doomed his failure to warn claim.

  • July 15, 2025

    Grassley Rejects Dems' Push For 2nd Hearing On Emil Bove

    Sen. Chuck Grassley, R-Iowa, chair of the Senate Judiciary Committee, on Tuesday rebuffed the request from Democrats on his committee for the whistleblower who made claims regarding Third Circuit nominee Emil Bove to testify and said the committee will proceed with the vote on Bove's nomination Thursday.

  • July 15, 2025

    5th Circ. Says Media Matters Can Challenge X Suit Venue

    The Fifth Circuit gave left-leaning watchdog Media Matters for America another shot at transferring a business disparagement lawsuit launched by X Corp. to California, saying Tuesday the Texas federal judge overseeing the case didn't do an adequate venue analysis.

  • July 15, 2025

    9th Circ. Upholds Axing Of IT Co.'s Microsoft Data Misuse Case

    The Ninth Circuit declined Tuesday to revive a cybersecurity supplier's case accusing Microsoft of misusing a proprietary database of login credentials recovered on the black market, concluding that the parties' contract did not impose limits on the tech giant's use of the data.

  • July 15, 2025

    Zimbabwe Wins Bid To Nix $50M Award Suit

    The D.C. Circuit on Tuesday overturned a ruling ordering Zimbabwe to face litigation to enforce an 11-year-old $50 million arbitral award stemming from an ill-fated mining deal, ruling that two exceptions to sovereign immunity were inapplicable and that the court therefore lacks jurisdiction.

  • July 15, 2025

    High Court Term Yields Gains For Criminal Defendants

    The U.S. Supreme Court addressed several contentious issues this term, with the conservative majority prevailing in numerous high-profile cases. Yet, in a notable trend, the court also issued multiple rulings favorable to criminal defendants, including expanding prisoners' rights in civil lawsuits and reinforcing due process protections in capital cases.

  • July 15, 2025

    Anthropic Seeks 9th Circ. Fair Use Appeal Over Piracy Claims

    Anthropic PBC asked a California federal judge Tuesday to let the Ninth Circuit review his decision that making fair use of copyrighted books to train artificial intelligence technology did not absolve the company of potential liability for alleged piracy.

  • July 15, 2025

    Feds Ask Supreme Court To Deny Ghislaine Maxwell's Appeal

    Federal prosecutors urged the U.S. Supreme Court on Monday to deny Ghislaine Maxwell's appeal of her 2022 sex trafficking conviction, arguing that a nonprosecution agreement struck in Florida with the late multimillionaire sex offender Jeffrey Epstein didn't apply to her or bind New York prosecutors.

  • July 15, 2025

    Booz Allen Urges DC Circ. To Affirm IRS Leak Sentence

    Government contractor Booz Allen Hamilton urged the D.C. Circuit to uphold the five-year prison sentence of its former employee for leaking tax returns while on a job at the IRS, saying the crime has hurt the company's reputation and subjected it to "baseless lawsuits."

  • July 15, 2025

    Michigan Cases To Watch In The 2nd Half Of 2025

    Michigan's courts are gearing up for a busy second half of the year, with high-profile prosecutions of Chinese scientists accused of smuggling, the state's top court tackling arbitration and automotive contracts, and revisions to the professional conduct rules for lawyers and judges all on deck.

  • July 15, 2025

    Property Co. Says Storm Coverage Row Can't Be Arbitrated

    The owner of a New Orleans luxury apartment and retail complex urged the Fifth Circuit to affirm a lower court's decision to vacate a previous order forcing it to arbitrate its $7 million Hurricane Ida damage claims against a group of domestic insurers, saying Louisiana law applies and bars arbitration.

  • July 15, 2025

    Advocates Turn To Florida High Court For Bondi Ethics Probe

    A group of attorneys, law professors and former judges asked the Florida Supreme Court on Tuesday to order the Florida Bar to investigate U.S. Attorney General Pam Bondi for alleged unethical conduct.

  • July 15, 2025

    11th Circ. Told Tax Court Erred Nixing Easement's Values

    A Georgia partnership told the Eleventh Circuit that the U.S. Tax Court broke legal precedent by relying on a flawed valuation method that did not consider commercial mining potential when it denied a deduction tied to the conservation easement donation of a property.

  • July 15, 2025

    5th Circ. Says Oilfield Specialists Are OT Exempt

    Two former field specialists of an oilfield service provider were not eligible for overtime under the Fair Labor Standards Act because they performed administrative tasks, a Fifth Circuit panel ruled, flipping a Texas district court's ruling in their favor.

  • July 15, 2025

    Funding 'Crisis' Jeopardizes Indigent Defense, Judiciary Says

    The judiciary rang the alarm on Tuesday that funding has been exhausted for the private attorneys who represent indigent federal criminal defendants, and this predicament is expected to last for three months.

  • July 15, 2025

    Atty Suspended In Fla. After Conviction In Fatal Texas Crash

    The Florida Supreme Court has suspended a Texas-based attorney who was also admitted to practice in the Sunshine State after he struck and killed two people while driving to a city council meeting in November 2021.

  • July 15, 2025

    Reed Smith Says Docs Slipped Through Stay In Eletson Row

    Reed Smith has asked the Second Circuit to again step in and block new owners of reorganized Greece-based international shipping company Eletson from viewing communications between the firm and the company's prior owners, saying that, despite a stay already in place, the new owners were allowed to acquire some files.

  • July 15, 2025

    Law Curbing Arbitration Keeps AutoNation Bias Suit In Court

    AutoNation Inc. can't arbitrate a former sales associate's lawsuit claiming supervisors treated her differently because she's an older Black woman and made sexual comments in the workplace, a California state appeals court ruled, saying her case is shielded by a federal law prohibiting mandatory arbitration of sex harassment cases.

  • July 15, 2025

    DC Circ. Backs Dismissal Of Green Orgs' Drilling Permit Suit

    The D.C. Circuit on Tuesday rejected environmental groups' challenge to the approvals of thousands of federally approved oil and gas drilling permits in New Mexico and Wyoming, finding that a lower court was right to find they lacked standing.

Expert Analysis

  • Opinion

    Lawsuits Shouldn't Be Shadow Assets For Foreign Capital

    Author Photo

    Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • 2 Del. Rulings Reinforce Proof Needed For Records Demands

    Author Photo

    Two recent Delaware Court of Chancery decisions involving Amazon and Paramount Global illustrate the significance of the credible basis standard on books and records requests, underscoring that stockholders seeking to investigate wrongdoing must come forward with actual evidence of misconduct — not mere allegations, say attorneys at Cleary.

  • How To Accelerate Your Post-Attorney Career Transition

    Author Photo

    Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.

  • Series

    Law School's Missed Lessons: Be An Indispensable Associate

    Author Photo

    While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.

  • Series

    Birding Makes Me A Better Lawyer

    Author Photo

    Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.

  • Justices May Clarify What IP Competitors In Litigation Can Say

    Author Photo

    If the U.S. Supreme Court agrees to weigh in on Atturo Tire v. Toyo Tire, it may be able to provide guidance on the murky questions surrounding what companies enforcing their intellectual property against competitors are allowed to say in public, say attorneys at Ballard Spahr.

  • How Del. Law Rework Limits Corporate Records Requests

    Author Photo

    Newly enacted amendments to a section of the Delaware General Corporation Law that allows stockholders and beneficial owners to demand inspection of Delaware corporations' books and records likely curtails the scope of such inspections and aids defendants in framing motions to dismiss at the pleading stage, says Jonathan Richman at Brown Rudnick.

  • A Recurring Atty Fee Question Returns To Texas High Court

    Author Photo

    As the Texas Supreme Court is poised to decide if it will once again address — in Maciejack v. City of Oak Point — when a party must segregate attorney fees it seeks to recover, litigators would be wise to contemporaneously classify fees as either recoverable or unrecoverable, say attorneys at Munck Wilson.

  • Alien Enemies Act Case Could Reshape Executive Power

    Author Photo

    President Donald Trump’s invocation of the Alien Enemies Act to deport Venezuelan nationals raises fundamental questions about statutory interpretation, executive power and constitutional structure, which now lay on the U.S. Supreme Court's doorstep, says Mauni Jalali at Quinn Emanuel.

  • An Update On IPR Issue Preclusion In District Court Litigation

    Author Photo

    Two recent Federal Circuit rulings have resolved a district court split regarding issue preclusion based on Patent Trial and Appeal Board outcomes, potentially counseling petitioners in favor of challenging not only all the claims of an asserted patent, but also related patents that have not yet been raised in district court, say attorneys at Alston & Bird.

  • Series

    Adapting To Private Practice: From DOJ Leadership To BigLaw

    Author Photo

    The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.

  • Fed. Circ. Ruling Reaffirms Listing Elements Separately Is Key

    Author Photo

    The Federal Circuit's decision last month in Regeneron v. Mylan reaffirms a critical principle in patent law: When a claim lists elements separately, the clear implication is that they are distinct elements, say attorneys at Taft.

  • Nev. Fraud Ruling Raises Stakes For Proxy Battles

    Author Photo

    Though a Nevada federal court’s recent U.S. v. Boruchowitz decision involved unusual facts, the court's ruling that board members can be defrauded of their seat through misrepresentations increases fraud risks in more typical circumstances involving board elections, especially proxy fights, say attorneys at ArentFox Schiff.

  • Law Firm Executive Orders Create A Legal Ethics Minefield

    Author Photo

    Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.

  • NLRB Firing May Need Justices' Input On Removal Power

    Author Photo

    President Donald Trump's unprecedented removal of National Labor Relations Board member Gwynne Wilcox spurred a lawsuit that is sure to be closely watched, as it may cause the U.S. Supreme Court to reexamine a 1935 precedent that has limited the president's removal powers, say attorneys at Kelley Drye.

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.