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Appellate
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July 07, 2025
Crypto Group, Treasury Drop 11th Circ. Tornado Cash Case
Crypto think tank Coin Center Inc. and the U.S. government have ended their battle over the Biden-era blacklisting of Tornado Cash now that the U.S. Treasury Department has removed the crypto mixing service from its list of blocked entities and a federal judge has deemed the designation unlawful.
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July 07, 2025
Split 5th Circ. Upholds Block Of Texas' Migrant Arrest Law
A split Fifth Circuit panel left intact a district court order blocking the enforcement of a Texas law that allows state officials to arrest people suspected of crossing the border unlawfully and empowers local judges to order their removal.
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July 07, 2025
Newark Property Buyer Wins Appeal Over Axed $32.8M Sale
A New Jersey appellate panel on Monday upheld a trial court's ruling that a real estate investment firm properly terminated its $32.8 million purchase agreement for a mixed-use building in Newark after receiving a noncompliant estoppel certificate from one of the tenants, rejecting the seller's argument that the certificate's deficiencies were immaterial.
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July 07, 2025
Mich. Justices Say PIP Claims Can Be Revived After Transfer
Michigan's highest court has determined that those who transfer legal claims over personal injury protection benefits to third parties may still be able to pursue those claims in court if they are later transferred back, ruling against Progressive and a public transit authority.
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July 07, 2025
Energy Co. Says $7.6M Award Result Of 'Classic' Contract Law
An energy company that ended a contract with a Houston Ship Channel facility over a lack of dock space is asking an appeals court to back its $7.6 million award, writing that the lack of availability was a clear violation of its original agreement.
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July 07, 2025
Biggest Enviro Cases To Watch In 2025: Midyear Report
Law360 previews the lawsuits environmental attorneys will be watching closely during the second half of 2025, including the Trump administration's challenge to states' efforts to slow climate change, a lawsuit seeking to continue federal funding for climate change projects and product liability cases over forever chemicals in consumer goods.
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July 07, 2025
Non-Attys Eyed To Tackle Civil Justice Gap In Ga. Pilot
A Georgia Supreme Court committee has proposed the state start a pilot program to train non-attorneys to handle some legal tasks in evictions and other housing cases and consumer-debt matters, saying this "'assisted pro se' model" would improve rural and low-income people's access to civil legal services.
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July 07, 2025
Fed. Circ. Affirms Cisco's Defeat Of $371M Patent Suit
The Federal Circuit on Monday declined to revive software company Egenera's $371 million patent lawsuit against Cisco, affirming lower court findings that the communications giant didn't infringe.
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July 07, 2025
8th Circ. Says Hartford Must Pay Before Chubb In Crash Case
A Chubb insurer does not have to split the responsibility of an underlying $2 million wrongful death settlement with a Hartford unit, the Eighth Circuit has ruled, finding that the Hartford unit's commercial auto policy should pay first since the Chubb policy specifically stated that it was excess over all other insurance.
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July 07, 2025
Latham Lawyer Joins Jenner & Block's DC Appellate Practice
A former Latham & Watkins LLP appellate attorney, who spent close to four years at the firm working with complex constitutional and regulatory matters on behalf of technology and entertainment companies, has moved to Jenner & Block LLP, the firm announced Monday.
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July 07, 2025
Texas AG Paxton Drops Appeal Of $6.7M Whistleblower Award
The Texas attorney general's office has abandoned its appeal of a $6.68 million judgment awarded to a group of former deputies to Attorney General Ken Paxton who say they were fired in retaliation for reporting alleged abuses of office to the FBI.
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July 07, 2025
Arnold & Porter Adds Biden DOJ Official To DC Team
A former third-ranking official at the U.S. Department of Justice, who also held top positions in the Office of Personnel Management and served as solicitor general in his home state of Ohio, has joined Arnold & Porter Kaye Scholer LLP in Washington, D.C., the firm announced Monday.
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July 03, 2025
Calif. Justices Say Ford Can't Arbitrate Fiesta And Focus Suits
Ford Motor Co. cannot force drivers who allege defects in their Focus and Fiesta vehicles to take their claims to arbitration, the California Supreme Court ruled Thursday, rejecting the automaker's argument that the dispute flows from dealership sales contracts containing arbitration provisions that it can invoke.
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July 03, 2025
Canadian Pacific Escapes $4M Liability Over Derailed Train Oil
The Eighth Circuit on Thursday erased a $3.95 million judgment against Canadian Pacific Railway over crude oil spilled in a derailment disaster that killed dozens of people and nearly destroyed a Canadian town center, saying a lower court ignored a judgment reduction provision in a negligent train operator's bankruptcy plan.
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July 03, 2025
NJ Panel Backs Towing Co.'s DQ From Turnpike Contract Bid
A New Jersey appellate panel has upheld the state Turnpike Authority's rejection of a towing company's protest of its denied prequalification application to provide towing services, saying it was neither arbitrary, capricious nor unreasonable.
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July 03, 2025
Fla. Court Says Double Gun Charge Violates Jeopardy Rule
A Florida state appeals court panel on Thursday ruled that a man convicted on two counts of being a felon in possession of firearms and ammunition can have the lesser charge dropped after the panel found it violated double jeopardy rules.
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July 03, 2025
Efficient Power Appeals Stewart Decision After Patent Is Axed
Efficient Power Conversion is appealing acting U.S. Patent and Trademark Office Director Coke Morgan Stewart's rejection of its request that she apply new policies on when Patent Trial and Appeal Board petitions should be denied to a decision that invalidated its microchip patent.
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July 03, 2025
7th Circ. Cuts Chicken Price-Fixing Atty Fees Again
A Seventh Circuit panel reduced a $51.6 million fee award for class counsel who took on alleged price-fixing among the country's biggest producers of broiler chickens to about $47 million Wednesday, saying the district court made one easily-correctable error.
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July 03, 2025
Experian Can Arbitrate Customer's FCRA Suit, 11th Circ. Says
Experian can arbitrate a customer's lawsuit alleging it failed to reasonably ensure the accuracy of her credit files after a fraudulent $26,922 car loan was reported, the Eleventh Circuit ruled Thursday, finding Experian provided competent, unrebutted evidence of her agreement to arbitrate after enrolling in credit-monitoring services with its affiliate.Â
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July 03, 2025
USPTO Tells PTAB To Try Again On UNM Wireless Patent
The acting head of the U.S. Patent and Trademark Office found Wednesday that the Patent Trial and Appeal Board wrongly terminated network equipment maker Zyxel's challenge to a University of New Mexico wireless communications patent without considering a remand from the Federal Circuit.
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July 03, 2025
Truck Crash Case Settles Amid Appeal Of $14M Verdict
Texas trucking companies and an injured driver have settled a nearly decade-old negligence lawsuit, ending a case that initially resulted in an $80 million verdict — later reduced to $13.7 million — but was dramatically reshaped by intervention by the state's highest court.Â
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July 03, 2025
Youths Urge 9th Circ. To Revive Federal Equal Protection Case
A group of youths is asking the Ninth Circuit to revive its lawsuit alleging the U.S. Environmental Protection Agency and the Office of Management and Budget are violating the youngsters' constitutional rights by not properly protecting them from climate change.
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July 03, 2025
ÃÛÌÒÊÓÆµ Funding Cut Could Alter Injunction Calculus At DC Circ.
The steep funding cut that Republicans have passed for the Consumer Financial Protection Bureau could strengthen the Trump administration's position in its court fight to resume downsizing the agency, even if it doesn't directly resolve the legal questions at play.
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July 03, 2025
Biggest Environmental Law Decisions Of 2025: Midyear Report
The first half of 2025 saw the U.S. Supreme Court impose limitations on water permit requirements, as well as key decisions in lower courts in climate change and environmental justice cases. Here, Law360 takes a look at some of the biggest environmental law rulings of 2025.
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July 03, 2025
7th Circ. Says Record Backs Accenture Win, But Bias Possible
The Seventh Circuit on Wednesday affirmed summary judgment for Accenture LLP in a Black former manager's suit alleging he was fired for complaining about racial discrimination, but noted that its finding is based on "the record and binding case law, not blindness to the reality [he] presses — that bias affected aspects of his work experience."
Expert Analysis
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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Florida Case Could Redefine Construction Defect Damages
If a Florida appellate court overturns the trial court in a pending construction contract dispute, the state could experience a seismic shift in construction defect damages, effectively leaving homeowners and developers with an incomplete remedy, says Andrew Gold at Akerman.
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2 NY Rulings May Stem Foreign Co. Derivative Suits
In recent decades, shareholders have challenged the internal affairs doctrine by bringing a series of derivative actions in New York state court on behalf of foreign corporations, but the New York Court of Appeals' recent rulings in Ezrasons v. Rudd and Haussmann v. Baumann should slow that trend, say attorneys at Cleary.
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8th Circ. Ruling Highlights Complicated Remote Work Analysis
The Eighth Circuit’s recent opinion in Kuklenski v. Medtronic USA demonstrates that the applicability of employment laws to remote workers is often a fact-driven analysis, highlighting several parameters to consider when evaluating what state and local laws may apply to employees who work remotely, say attorneys at Vedder Price.
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Class Standing Issues Still Murky After Justices Punt LabCorp
While litigants and district courts had hoped the U.S. Supreme Court's ruling in LabCorp v. Davis would provide much-needed clarity on the interplay between Article III standing and class certification, the court's failure to rule on the issue leaves disagreement, confusion and uncertainty for stakeholders, says Erica Rutner at Cozen O'Connor.
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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.