ÃÛÌÒÊÓÆµ

Appellate

  • July 29, 2025

    Ex-LA Officer Can't Resurrect Suit Over COVID-19 Testing Costs

    A California appellate court Monday refused to revive a former Los Angeles police officer's suit claiming that he was denied due process when he was fired after refusing to comply with the city's COVID-19 policies, finding that the officer wasn't fired until after he made his case to the city.

  • July 29, 2025

    Axos Wants Justices To Undo Auditor's $1.5M Retaliation Win

    BofI Federal Bank, now operating as Axos Bank, has taken its dispute with a former auditor to the U.S. Supreme Court, asking the justices to vacate a Ninth Circuit decision upholding a $1.5 million jury verdict in favor of the auditor, who claimed he was fired for whistleblowing.

  • July 29, 2025

    Fed. Circ. Backs Rejection Of Man's HPV Vaccine Claims

    A man who claimed vaccines he received as a teen, including one meant to guard against HPV, caused him to develop inflammatory bowel disease will receive no payments under the National Vaccine Injury Compensation Program, the Federal Circuit ruled on Tuesday, affirming a determination that his theory that vaccines caused his illness is unsupported.

  • July 29, 2025

    5th Circ. Allows Challenge To Nonprofit Political Pro Bono Ban

    The Fifth Circuit said Monday a free speech nonprofit has the right to sue members of the Texas Ethics Commission in an attempt to conduct pro bono work for a political organization, saying the commissioners do not have sovereign immunity in their official roles and must face the suit.

  • July 29, 2025

    9th Circ. Urged To Rehear Alaskan Willow Project Ruling

    Alaskan Native and environmental advocacy groups are asking the Ninth Circuit for a rehearing on its ruling to uphold the federal government's decision to evaluate only alternatives for the ConocoPhillips Willow project that they say will result in full development of the Arctic oil reservoir.

  • July 29, 2025

    Haynes Boone Power Team Keeps Winning At Fed. Circ.

    Debbie McComas and Angela Oliver have emerged as the duo to beat at the Federal Circuit, as the Haynes Boone partners have taken victories in each of the seven patent appeals between them they've argued this year.

  • July 29, 2025

    Ambulance Co. Can't Undo $2.3M Verdict In Wash. Crash Case

    A Washington Court of Appeals panel has affirmed an ambulance operator's $2.3 million trial court loss in a patient's family's wrongful death case over a crash, rejecting the company's argument that its crew was shielded from liability by a state law that protects first responders providing emergency medical services.

  • July 29, 2025

    Affirmed Energy Says FERC Unlawfully Cut Auction Rights

    Affirmed Energy LLC told the D.C. Circuit the Federal Energy Regulatory Commission can't justify orders approving PJM Interconnection LLC's proposal to bar energy efficiency resources from participating in its electricity capacity auctions.

  • July 29, 2025

    Conn. Prosecutors' Misstatements Doom Murder Conviction

    A Connecticut man who confessed to killing his apartment superintendent will get a second murder trial after the state's top court ruled in a split opinion Tuesday that prosecutors misstated the law about the defense's central theory during closing arguments and rebuttal.

  • July 29, 2025

    Mass. Appeals Court Won't Overturn $6.6M Fatal Stroke Award

    A Massachusetts appellate panel on Tuesday declined to toss a $6.6 million medical malpractice award in a suit accusing a physician of causing a patient's fatal stroke, saying certain instructions did not unfairly influence the jury.

  • July 29, 2025

    2nd Circ. Says Russian Helped Oligarch Dodge Sanctions

    A lower court correctly denied a Russian citizen's bid to dismiss an indictment purporting that she joined in a conspiracy to help an oligarch evade sanctions imposed by former President Barack Obama against people who contributed to the national emergency in Ukraine, a Second Circuit panel has found.

  • July 29, 2025

    8th Circ. Says Bankruptcy Sale Appeal Dead Without Stay

    The Eighth Circuit on Tuesday rejected a woman's bid to undo an order approving a sale in her Chapter 7 bankruptcy, saying she didn't get a stay of the sale and so her appeal had to be dismissed.

  • July 29, 2025

    Trump Says High Court Rulings Undermine Wash. Halt On EOs

    Recent decisions by the U.S. Supreme Court undermine a Washington federal judge's finding that portions of two executive orders concerning gender-affirming care and transgender identity likely violate the Constitution, the Trump administration argued in recent filings.

  • July 29, 2025

    Judiciary Advises Not Filling Next 10th Circ. Vacancy, For Now

    The Judicial Conference of the United States is recommending not filling the next vacancies on the U.S. Court of Appeals for the Tenth Circuit and a handful of district courts, for now, citing a "consistently low per-judgeship caseload" in those jurisdictions.

  • July 29, 2025

    9th Circ. Won't Renew Suit Over Wash. Ban On 'DIY' Rape Kits

    A Ninth Circuit panel on Tuesday refused to revive a constitutional challenge to Washington state's ban on self-administered DNA evidence collection kits for sexual assault survivors, concluding that the plaintiff company failed to show the law illegally restricts commercial speech.

  • July 29, 2025

    Posner Wage Theft Claims Should Be Revived, 7th Circ. Told

    A former staffer for retired U.S. Circuit Judge Richard Posner has asked the Seventh Circuit to review federal court rulings in his loss of wage theft claims against the ex-judge, arguing an Indiana federal judge permitted a botched discovery process and prematurely dismissed claims while fact issues remained.

  • July 29, 2025

    Email Hack Info Dooms Coverage Bid For Fraudulent Payment

    A trial court that excused a construction management company's insurer from covering a $673,000 reimbursement claim otherwise characterized as a negligent contract breach was right to let a company representative's unreferenced summary about an email hack factor into its decision, a split Illinois appellate panel said Monday.

  • July 29, 2025

    Trump Calls 'Blue Slip' Process 'Probably Unconstitutional'

    President Donald Trump on Tuesday railed against the long-standing tradition for home state senators to have essentially veto power over U.S. attorney and district court nominee picks and called on U.S. Sen. Chuck Grassley, R-Iowa, chair of the Senate Judiciary Committee, to abandon the process.

  • July 29, 2025

    Senate Confirms DOJ Official Emil Bove To 3rd Circ.

    The Senate voted 50-49 on Tuesday night to confirm Emil Bove, one of President Donald Trump's former attorneys and a top official at the U.S. Department of Justice, as a judge on the U.S. Court of Appeals for the Third Circuit.

  • July 29, 2025

    11th Circ. Upholds Toss Of Sea Island Clean Water Act Suit

    The Eleventh Circuit has affirmed the toss of a suit filed against Georgia's Sea Island resort for allegedly misleading the Army Corps of Engineers about a wetlands filling project, finding that the resident and environmental groups who filed the suit failed to show a wetland on the property satisfied the test for "waters of the United States." 

  • July 29, 2025

    Jack Daniel's Toy TM Win Violates Free Speech, 9th Circ. Told

    The maker of a dog toy parodying Jack Daniel's iconic whiskey bottle has urged the Ninth Circuit to reverse a finding that its "Bad Spaniels" toy tarnishes Jack Daniel's mark, arguing the ruling constitutes unconstitutional viewpoint discrimination over "mild poo jokes" that weren't similar to famous Jack Daniel's marks.

  • July 29, 2025

    OxyChem, Nokia Tell 3rd Circ. Passaic Cleanup Deal Is Unfair

    Occidental Chemical Corp. and Nokia of America Corp. on Monday asked the Third Circuit to reverse a New Jersey federal district court's approval of a $150 million settlement to clean up the Lower Passaic River.

  • July 29, 2025

    Fight Over End To Migrant Parole May Be Moot, 1st Circ. Hints

    The First Circuit grappled Tuesday with whether the Trump administration could elect to abruptly end a Biden-era immigration parole program, even as it appeared to acknowledge that as a practical matter, the measure could die of attrition before the question is answered.

  • July 29, 2025

    9th Circ. Rescinds Ruling On Wash. Abortion Coverage Law

    A Ninth Circuit panel has walked back a published March opinion rejecting a Christian church's challenge to a Washington state law mandating employer health coverage of abortion services, saying in a Tuesday order that the federal appeals court would issue a new ruling following additional oral arguments.

  • July 29, 2025

    Calif. Panel Rejects Stricter Standard For Resisting Arrest

    A California appellate court panel has upheld a man's conviction for resisting arrest, refusing his invitation to overturn case law and make it harder to prove "willful" resistance.

Expert Analysis

  • Eye Drop Ruling Clarifies Importance Of Patent Phrasing

    Author Photo

    The Federal Circuit's recent ruling in Eye Therapies v. Slayback, rejecting the Patent Trial and Appeal Board's interpretation of "consisting essentially of," highlights the importance of using clear and consistent terms throughout a patent's filing history to shield it against future challenges, says Liliana Di Nola-Baron at Panitch Schwarze.

  • Midyear Rewind: How Courts Are Reshaping VPPA Standards

    Author Photo

    The first half of 2025 saw a series of cases interpreting the Video Privacy Protection Act as applied to website tracking technologies, including three appellate rulings deepening circuit splits on what qualifies as personally identifiable information and who qualifies as a consumer under the statute, say attorneys at Perkins Coie.

  • How Justices' Ruling On NEPA Reviews Is Playing Out

    Author Photo

    Since the U.S. Supreme Court's May decision in Seven County Infrastructure Coalition v. Eagle County, narrowing the scope of agencies' required reviews under the National Environmental Policy Act, the effects of the ruling are starting to become visible in the actions of lower courts and the agencies themselves, say attorneys at Saul Ewing.

  • Series

    Adapting To Private Practice: From ATF Director To BigLaw

    Author Photo

    As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.

  • Reverse Bias Rulings Offer Warning About DEI Quotas

    Author Photo

    Several recent holdings confirm that targeted or quota-based diversity programs can substantiate reverse discrimination claims, especially when coupled with an adverse action, so employers should exercise caution before implementing such policies in order to mitigate litigation risk, says Noah Bunzl at Tarter Krinsky.

  • 4th Circ. Favors Plain Meaning In Bump-Up D&O Ruling

    Author Photo

    The Fourth Circuit's latest denial of indemnity coverage in Towers Watson v. National Union Fire Insurance and its previous ruling in this case lay out a pragmatic approach to bump-up provisions that avoids hypertechnical constructions to limit the effect of a policy's plain meaning, say attorneys at Kennedys.

  • A Look At Key 5th Circ. White Collar Rulings So Far This Year

    Author Photo

    In the first half of 2025, the Fifth Circuit has decided numerous cases of particular import to white collar practitioners, which collectively underscore the critical importance of meticulous recordbuilding, procedural compliance and strategic litigation choices at every stage of a case, says Joe Magliolo at Jackson Walker.

  • High Court Cert Spotlights Varying Tests For Federal Removal

    Author Photo

    A recent decision by the U.S. Supreme Court to review Chevron v. Plaquemines Parish, a case involving the federal officer removal statute, highlights three other recent circuit court decisions raising federal removal questions, and serves as a reminder that defendants are the masters of removal actions, says Varun Aery at Hollingsworth.

  • Rule 23 Class Certification Matters In Settlements, Too

    Author Photo

    The U.S. Supreme Court's recent ruling in Trump v. CASA Inc. highlighted requirements for certifying classes for litigation in federal court, but counsel must also understand how Rule 23 of the Federal Rules of Civil Procedure may affect certifying classes for settlement purposes, say attorneys at Sidley.

  • Contract Disputes Recap: Privity, Pressure, Procedural Traps

    Author Photo

    Three recent decisions from the Civilian Board of Contract Appeals, the Federal Circuit and the U.S. Court of Federal Claims offer fresh lessons for contractors navigating the procedural edge of Contract Disputes Act litigation, says Zachary Jacobson at Seyfarth.

  • Series

    Playing Baseball Makes Me A Better Lawyer

    Author Photo

    Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.

  • 3rd Circ. Bias Ruling Offers Safety Policy Exception Lessons

    Author Photo

    The Third Circuit's decision in Smith v. City of Atlantic City, partially reinstating a religious bias suit over a policy requiring firefighters to be clean-shaven, cautions employers on the legal risk of including practical or discretionary exceptions in safety procedures, say Joseph Quinn and Mark Schaeffer at Cozen O'Connor.

  • APA Relief May Blunt Justices' Universal Injunction Ruling

    Author Photo

    The Administrative Procedure Act’s avenue for universal preliminary relief seems to hold the most promise for neutralizing the U.S. Supreme Court’s decision in Trump v. CASA to limit federal district courts' nationally applicable orders, say attorneys at Crowell.

  • Opinion

    Prosecutors' Duty To Justice Sometimes Demands Mea Culpa

    Author Photo

    Two recent cases — U.S. v. Lucas and U.S. v. Echavarria — demonstrate that prosecutors’ special ethical duty to seek justice can sometimes be in tension with other obligations and incentives, but it nonetheless requires them to concede their mistakes in the interests of justice, say Eastern District of Texas law clerk Ian Stephens and Texas A&M University law professor Jemila Lea.

  • Series

    Law School's Missed Lessons: Skillful Persuasion

    Author Photo

    In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here