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Appellate
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July 02, 2025
NC Furniture Manufacturer Sanctioned For 'Frivolous' Appeal
A North Carolina state appeals court on Wednesday sanctioned furniture manufacturer TCS Designs Inc. for repeatedly trying to force jurisdiction before a state tribunal where no jurisdiction exists in a wrongful death case involving one of its employees, calling its appeal of a tribunal denial "frivolous."
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July 02, 2025
Houston Rodeo Says Unique Policy Means COVID Coverage
The Houston Livestock Show and Rodeo is asking an appellate court to reverse a summary judgment win in favor of its insurer, arguing two provisions of its policy mean it's covered for business losses it sustained during the COVID-19 pandemic.
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July 02, 2025
DC Circ. Stands By Decision Nixing $7B Power Line Fight
The D.C. Circuit has rejected an en banc rehearing petition from Illinois landowners and farmers challenging the Federal Energy Regulatory Commission's decision to issue a license for the $7 billion Grain Belt Express transmission project, affirming an appellate panel and a district court's findings that the plaintiffs lack standing.
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July 02, 2025
Former FTC General Counsel Joins Orrick In New York
The former general counsel of the U.S. Federal Trade Commission has made the move to private practice at Orrick Herrington & Sutcliffe LLP in New York.
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July 02, 2025
Seaman Can't Seek Punitive Damages In Hand Injury Suit
A Florida appeals court on Wednesday found that an injured seaman can't amend his complaint against his employer alleging that it mistreated him following his injury to add a punitive damages claim, saying he has failed to allege that the company engaged in callous, egregious or lax conduct.
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July 02, 2025
Mich. Justices Say Old Insurance Policies Violated New Limits
In a closely divided order Wednesday, the Michigan Supreme Court held that insurance policies straddling the dates for which 2019 no-fault reforms went into effect are subjected to post-reform increased limits for liability, reversing a lower appellate opinion in favor of insurers.
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July 02, 2025
6th Circ. Backs Cigna's Win In Emergency Room Billing Suit
The Sixth Circuit has ruled that Cigna did not have to face an unjust enrichment lawsuit brought against it by two Tennessee hospitals alleging the insurer underpaid them for out-of-network emergency services, backing a lower court's dismissal order.
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July 02, 2025
The Funniest Moments Of The Supreme Court's Term
After justices and oral advocates spent much of an argument pummeling a lower court's writing talents, one attorney suggested it might be time to move on — only to be told the drubbing had barely begun. Here, Law360 showcases the standout jests and wisecracks from the 2024-25 U.S. Supreme Court term.
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July 02, 2025
9th Circ. Limits Cracker Barrel Collective To In-State Workers
A nationwide collective of Cracker Barrel servers in a wage and hour case is too vast, the Ninth Circuit ruled, saying members who worked for the restaurant chain outside Arizona, where the suit was launched, should not have been permitted to join.
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July 02, 2025
11th Circ. Voids Injunction Shielding Trans Teacher's Job
The Eleventh Circuit struck down an order allowing a transgender public school teacher to keep her job while she challenges a Florida law regulating workplace pronouns, ruling Wednesday that she wasn't likely to succeed on claims that the statute violates her free speech rights.
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July 02, 2025
Wisconsin High Court Narrowly Blocks 1849 Abortion Ban
The Wisconsin Supreme Court on Wednesday narrowly struck down an 1849 statute criminalizing abortion, finding that the law has been effectively replaced by more modern legislation regulating the procedure.
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July 01, 2025
Racist Jury Selection Affords Ala. Death Row Inmate New Trial
A Black man sentenced to death by the state of Alabama for murdering a sheriff has been granted a new trial by the Eleventh Circuit, which found that the state violated his constitutional right to equal protection by habitually eliminating potential Black jurors from cases like his in a discriminatory manner.
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July 01, 2025
NYT Says Palin Can't Get New Defamation Trial, Recusal
The New York Times urged a New York federal judge to refuse Sarah Palin's request for a new trial and judge after a jury rejected her defamation claims over a 2017 editorial, saying her arguments misunderstood circuit court rulings in the long-running case and skipped a procedural bar.
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July 01, 2025
Illinois Court Orders Additional Look At Shooting Conviction
An appeals court in Illinois has ruled that a man accused of committing a drive-by shooting in Chicago must be given a second chance at a postconviction petition because his counsel had not properly made arguments about evidence that could exonerate him.
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July 01, 2025
4th Circ. Backs Order To Release Georgetown Academic
The Fourth Circuit on Tuesday denied the Trump administration's attempt to halt a Virginia federal court order requiring it to release a Georgetown University fellow from immigration detention, rejecting the government's claim that his lawsuit was filed in the wrong venue.
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July 01, 2025
9th Circ. Won't Revive Detainee's CIA Torture Suit
A Washington federal judge was right to dismiss a Guantánamo Bay detainee's tort claims against two psychologists who helped the CIA pioneer so-called enhanced interrogation techniques on him after the Sept. 11, 2001, terrorist attacks, a Ninth Circuit panel ruled.
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July 01, 2025
Valve Can't Sue Firms Over Alleged Gamer Arbitration Scheme
Valve Corp. cannot sue two law firms over a purported scheme to manipulate arbitration pacts between the video game seller and its customers, a Washington state appellate court has ruled, recognizing that the firms are shielded from liability because their actions were part of their work representing the consumers.
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July 01, 2025
Supreme Court Taps Latham Atty In Campaign Spending Case
The U.S. Supreme Court has turned to Latham & Watkins LLP's Roman Martinez to defend caps on coordinated campaign spending as amicus counsel in a case on tap for next term.
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July 01, 2025
4th Circ. Urged To Rethink Decision Affirming $8M KBR Award
A Kuwaiti construction company wants the Fourth Circuit to reconsider whether it missed a deadline to seek vacatur of an $8 million arbitral award favoring Kellogg Brown & Root International Inc. in a dispute over a U.S. Army contract, arguing Monday that its decision creates an "unworkable" rule.
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July 01, 2025
5th Circ. Backs Dallas Short-Term Lending Ordinance
The Fifth Circuit denied a short-term lender's request for a court order blocking a Dallas city ordinance that created new hurdles for lenders, saying Tuesday the short-term lender did not demonstrate that the ordinance would shut down the industry.
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July 01, 2025
DC Circ. Tosses Mich. Utility's Grid Upgrade Challenge
A D.C. Circuit panel Tuesday upheld the Federal Energy Regulatory Commission's refusal to grant a Michigan transmission owner sole ownership of grid upgrades needed to serve a Michigan solar farm, rejecting arguments that existing agreements guaranteed it full ownership rights.
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July 01, 2025
DC Circ. OKs Trump Firing Of Privacy Board Dems, For Now
The D.C. Circuit on Tuesday halted a lower court's order that blocked the Trump administration from firing two Democratic members of the Privacy and Civil Liberties Oversight Board, suggesting in a per curiam order that members of the oversight board lacked adjudicatory functions that could shield them from termination.
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July 01, 2025
5 Federal Circuit Clashes To Watch In July
The Federal Circuit's argument calendar this month includes Apple's bid to undo a ruling that caused a blood oxygen monitor feature to be pulled from the Apple Watch, and a challenge by Sonos to a decision that torpedoed its $32.5 million speaker patent verdict against Google.
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July 01, 2025
Apple Backers Raise Price, Privilege Concerns At 9th Circ.
Trade groups and advocacy organizations have raised a series of concerns with the Ninth Circuit about a federal district court mandate blocking Apple from charging commissions on iPhone app purchases made outside its systems, arguing an Epic Games Inc. injunction redux improperly compels speech, imperils price-setting autonomy and threatens legal privilege.
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July 01, 2025
DC Circ. Says NLRB Rightly Axed Claim Of Union Betrayal
A split D.C. Circuit has upheld the National Labor Relations Board's dismissal of allegations that a transportation union betrayed a member by suggesting that he be fired after a spat with a co-worker, with the majority saying Tuesday that the NLRB properly determined that the suggestion wasn't serious.
Expert Analysis
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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.
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Appellate Guidance Needed On California Chatbot Litigation
There is wide variation in how courts are applying the California Invasion of Privacy Act against website owners that allegedly help third parties spy on visitors via chatbots — and the lack of appellate rulings creates uncertainty, especially as these cases move toward the summary judgment stage, say attorneys at Crowell & Moring.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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The Sentencing Guidelines Are Commencing A New Era
Sweeping new amendments to the U.S. sentencing guidelines — including the elimination of departure provisions — intended to promote transparency and individualized justice while still guarding against unwarranted disparities will have profound consequences for all stakeholders, say attorneys at Blank Rome.
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Justices Widen Gap Between Federal, Calif. Enviro Reviews
While the U.S. Supreme Court's recent opinion in Seven County Infrastructure Coalition v. Eagle County, Colorado, narrowed the scope of National Environmental Policy Act reviews, it may have broadened the gulf between reviews conducted under NEPA and those under the California Environmental Quality Act, say attorneys at Hanson Bridgett.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.