Ƶ

Appellate

  • May 07, 2025

    2nd Circ. Backs NYC Win In IT Worker's Bias, Retaliation Suit

    A former New York City telecommunications employee cannot revive her lawsuit alleging she was pushed out after managers scheduled meetings during her lunch because she reported a supervisor's inappropriate touching, the Second Circuit ruled Wednesday, saying there's no evidence the managers knew her migraines necessitated a specific lunch break.

  • May 07, 2025

    6th Circ. Seems Hesitant To Revive UMich Law Prof's Bias Suit

    The Sixth Circuit appeared skeptical Wednesday about reopening a Black University of Michigan Law School professor's suit alleging she was unlawfully disciplined after she complained about race discrimination, with the panel questioning if she adequately refuted the school's nondiscriminatory reasons for its action.

  • May 07, 2025

    Muscogee Nation Court To Hear Citizenship Case Arguments

    The Muscogee (Creek) Nation Supreme Court is set to hear arguments in June in a dispute over whether descendants of those once enslaved by the tribe are entitled to citizenship after a nearly yearlong pause in the case.

  • May 07, 2025

    Ga. Atty Gives Up License After Using Client Funds

    The Georgia Supreme Court has agreed to accept the surrender of an attorney's law license after he admitted to not disbursing more than $27,000 in settlement funds of deceased clients and instead using them for his own purposes.

  • May 07, 2025

    NJ Justices Deem Town Liable For Frivolous Lawsuits

    Frivolous litigation by local government officials is not constitutionally protected and carries financial consequences, the New Jersey Supreme Court ruled Wednesday in a 5-0 decision reining in baseless legal battles.

  • May 07, 2025

    Mich. Justices May Avoid Double Jeopardy In Contempt Case

    The Michigan Supreme Court puzzled Wednesday over whether an attorney must undergo a second contempt trial for what a judge described as rude comments, with the chief justice suggesting the court could rule on other grounds and avoid deciding if double jeopardy applies.

  • May 07, 2025

    Feds Seek 13 Years In Avenatti's California Resentencing

    California federal prosecutors asked a judge Wednesday to sentence Michael Avenatti to 160 months in prison for tax fraud and stealing from clients, to be served atop the five-year term imposed in a pair of New York cases where Avenatti was convicted of trying to extort Nike Inc. and defrauding former client Stormy Daniels.

  • May 07, 2025

    Ga. Judges Dubious Of Path To Atty Fees In Crash Injury Case

    A Georgia appellate panel seemed to doubt Wednesday an injured driver's claims that he could recover attorney fees from Allstate Insurance Co. after the insurer rejected a settlement offer prior to a $1.5 million verdict in the driver's favor, suggesting he'd have to pursue a separate suit to recover his expenses.

  • May 07, 2025

    Ex-Equity Partner In Firm Gets Redo Of Workers' Comp Award

    The North Carolina Court of Appeals on Wednesday ordered the state's Industrial Commission to recalculate the amount of workers' compensation owed to a former Cranfill Sumner LLP partner, finding his equity stake in the law firm is a contractual benefit that doesn't offset the amount he's owed.

  • May 07, 2025

    Florida Judge In Ethics Case Defends Remarks As 'Dad Jokes'

    A Florida state judge facing suspension over allegations from the state Judicial Qualifications Commission that he made inappropriate jokes and comments while overseeing a criminal docket defended his statements as mostly inoffensive "dad jokes" and requested the matter go to trial.

  • May 07, 2025

    6th Circ. Skeptical Of US In Tax Court Deadline Case

    Sixth Circuit judges expressed skepticism of the U.S. government's claim that the 90-day deadline to petition the U.S. Tax Court is inflexible, with one judge saying during oral arguments Wednesday in a woman's case challenging the rule that the U.S. Supreme Court seemed to back her.

  • May 07, 2025

    Mass. Justices May Bless Use Of High Bail To Block Removal

    Justices on Massachusetts' highest court appeared reluctant on Wednesday to second-guess a lower court's decision to dramatically increase the bail of a defendant facing imminent deportation solely to keep him in the state for trial.

  • May 07, 2025

    Edward Jones' Arbitration Delay Lets Worker Return To Court

    Edward Jones' delay in paying the required fees to arbitrate a former employee's wage and hour claims allows the worker to take her claims back to court, a California appeals court ruled.

  • May 07, 2025

    9th Circ. Affirms FTC Loss In Microsoft-Activision Case

    The Ninth Circuit on Wednesday affirmed a lower court's ruling in a Federal Trade Commission case that refused to block Microsoft's $68.7 billion acquisition of game developer Activision Blizzard Inc.

  • May 07, 2025

    NC Top Court Candidate Concedes After 6-Month Showdown

    Republican candidate Judge Jefferson Griffin on Wednesday conceded the North Carolina Supreme Court race to Democratic incumbent Justice Allison Riggs on the heels of a federal judge's decision declaring his efforts to retroactively invalidate votes unconstitutional.

  • May 06, 2025

    DC Circ. Sides With BofA In COVID Market Loss 'Uphill Battle'

    The D.C. Circuit on Tuesday refused to revive a Bank of America client's suit claiming the bank should've tried to stop him from dumping his investments when the market tanked at the beginning of the pandemic, finding the bank is shielded by an investment contract and calling his claims an "uphill battle."

  • May 06, 2025

    Ruling Doesn't Bind FERC Auction Approval, DC Circ. Told

    A Federal Energy Regulatory Commission determination that a court ruling required it to let a grid operator proceed with a flawed electricity capacity auction cannot be squared with its duty to modify unjust or unreasonable rates, consumer advocates and public utilities told the D.C. Circuit.

  • May 06, 2025

    Fed. Circ. Asks What Law Applies For Sleep Drug Injunction

    The Federal Circuit lifted an injunction Tuesday that had placed limits on Avadel CNS Pharmaceuticals' clinical trials for sleep disorder treatments, but sent the infringement case back to Delaware to determine whether a future injunction should be governed by the Hatch-Waxman Act.

  • May 06, 2025

    11th Circ. Refuses Celebrity Cruise Crew's Captivity Claim

    The Eleventh Circuit on Tuesday refused to revive putative class action claims that alleged Celebrity Cruises forced Filipino crew members to stay on board without pay after the cruise industry temporarily shut down due to COVID-19, saying Celebrity's conduct, though not ideal, wasn't so "outrageous" that it caused severe emotional distress.

  • May 06, 2025

    Ind. Landowners Not Owed For Trail Project, Fed. Circ. Affirms

    A group of Indiana landowners aren't owed compensation after claiming that their land was taken for a federal rails-to-trails conversion project, the Federal Circuit has ruled.

  • May 06, 2025

    Benton Harbor Must Face Lead Contamination Mass Tort

    A Michigan city's officials must face claims that they failed to protect children from drinking lead-contaminated tap water, a split Sixth Circuit said Tuesday, finding the city's conduct plausibly violated the children's constitutional rights.

  • May 06, 2025

    NY Says Owner Has To Sell Ski Resort After Antitrust Loss

    A New York ski resort operator who a state judge has ruled violated antitrust law by buying a rival and shutting it down should have to sell off one of its properties, preferably the one it shut down, so it can be reopened for next winter, the Empire State is arguing.

  • May 06, 2025

    Reed Smith Must Turn Over Docs In $102M Fraud Fight

    A New York federal judge on Tuesday determined that since enough evidence existed to show international shipping group Eletson Holdings may have committed fraud in an arbitration over a deal with another entity, Levona Holdings Ltd., the Reed Smith LLP attorneys who represented Eletson at the arbitration must hand over related documents.

  • May 06, 2025

    4th Circ. Flags Possibly New Arguments In Severed-Foot Case

    A Fourth Circuit judge on Tuesday suggested a North Carolina farm had sandbagged a federal district court judge by raising arguments on appeal that weren't fleshed out for the lower court in an effort to overturn a $2.5 million jury verdict favoring a worker who lost his foot to a grain silo auger.

  • May 06, 2025

    Ga. Panel Considers Reviving Man's MARTA Fall Suit

    The Georgia Court of Appeals on Tuesday considered whether to revive a man's suit alleging a faulty guardrail at a Metropolitan Atlanta Rapid Transit Authority train station caused him to fall 26 feet, focusing largely on whether the man's actions on the day of the incident made him a trespasser.

Expert Analysis

  • Series

    Playing Rugby Makes Me A Better Lawyer

    Author Photo

    My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.

  • Looking Back At 2024's Noteworthy State AG Litigation

    Author Photo

    State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.

  • Opinion

    No, Litigation Funders Are Not 'Fleeing' The District Of Del.

    Author Photo

    A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.

  • The Compliance Trends And Imperatives On Tap In 2025

    Author Photo

    The corporate ethics and compliance landscape is rapidly evolving, posing challenges from conflicting stakeholder expectations to technological disruptions, and businesses will need to explore human-centered, data-driven and evidence-based practices, says Hui Chen at CDE Advisors.

  • Opinion

    Congress Should Finally Add Clarity To Section 101

    Author Photo

    With both the U.S. House of Representatives and Senate introducing bills to provide guidance on what qualifies as patentable subject matter under the Patent Act, Congress will hopefully put an end at last to 10 years of uncertainty surrounding the question, says David Carstens at Carstens Allen.

  • 5 Advertising Law Trends To Watch In 2025

    Author Photo

    Although advertisers are encouraged by the incoming Trump administration's focus on deregulation, this year could feel like wading through uncharted waters, and decreased federal government regulation may mean increased state regulation, say attorneys at Reed Smith.

  • 5 E-Discovery Predictions For 2025 And Beyond

    Author Photo

    In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.

  • NY Plastic Pollution Verdict May Not Bode Well For Other Suits

    Author Photo

    The dismissal of New York state's public nuisance complaint against PepsiCo over pollution of the Buffalo River with the company's single use plastic bottles may not augur well for similar lawsuits filed by Baltimore and Los Angeles County, although tort law varies from state to state, say attorneys at Winston & Strawn.

  • What To Expect From Federal Cybersecurity Policy In 2025

    Author Photo

    There are 12 cyber policy questions to keep an eye on as the new administration and Republican control of Congress present an opportunity to advance less regulatory approaches and revisit some choices from the prior administration, say attorneys at Wiley.

  • Bid Protest Spotlight: Certification, Lateness, SBA Eligibility

    Author Photo

    In this month's bid protest roundup, Cody Fisher at MoFo examines three recent decisions from the U.S. Court of Appeals for the Federal Circuit and the U.S. Government Accountability Office that address the treatment of a proposal that was timely submitted but received late, and highlight nuances of certification and small business eligibility requirements.

  • How Decline Of Deference Will Affect Trump Policymaking

    Author Photo

    An administrative law regime without Chevron deference may limit the Trump administration’s ability to implement new policies in the short term, but ultimately help it in the long term, and all parties with an interest in regulatory changes will have to take a fresh approach to litigation, say attorneys at Covington.

  • Series

    Ohio Banking Brief: All The Notable Legal Updates In Q4

    Author Photo

    Ohio's banking and financial services sector saw several significant developments in the fourth quarter of 2024, including a landmark Uniform Commercial Code ruling, adjustments to the state's Homebuyer Plus Program and the launch of the state's first women-led bank, says attorney Alex Durst.

  • 6 Predictions For Cyber Risk And Insurance In 2025

    Author Photo

    This year is likely to bring with it some thorny and expensive cyber challenges, including increased ransomware activity, more data breach class actions and continued efforts to define business interruption loss calculations, say attorneys at Wiley.

  • 7 Ways 2nd Trump Administration May Affect Partner Hiring

    Author Photo

    President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.

  • Opinion

    Courts Must Curb The Drug Price Negotiation Program

    Author Photo

    The Inflation Reduction Act's drug price negotiation program upends incentive structures that drive medical innovation, and courts must act appropriately to avoid devastating consequences for American healthcare and the pharmaceutical industry, says Jeff Stier at the Consumer Choice Center.

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.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!