ÃÛÌÒÊÓÆµ

Appellate

  • July 18, 2025

    2nd Circ. Shields Official From NRA's Free Speech Suit Again

    A Second Circuit panel has said National Rifle Association's First Amendment lawsuit cannot survive a motion to dismiss because the former New York official accused of pressuring financial institutions to cut ties with the organization has qualified immunity.

  • July 18, 2025

    9th Circ. Turns Away Wells Fargo's 'Sham' Hiring Appeal

    The Ninth Circuit has said it will not hear Wells Fargo's appeal of an investor lawsuit accusing the company of conducting "sham" job interviews to meet a diversity quota, allowing thousands of shareholders to move forward with their claims as a class.

  • July 17, 2025

    Fla. High Court Affirms Congressional Map In Voter Suit

    Florida's Supreme Court on Thursday upheld the new congressional map for the northern part of the state that voter groups claimed is illegal and eliminated a majority Black voting district, saying in a split decision that the district demanded by the civic organizations is unconstitutional.

  • July 17, 2025

    9th Circ. Panel Appears Split On Trump Order Curbing Unions

    A three-judge Ninth Circuit panel appeared divided Thursday on a lower court's ruling that halted enforcement of President Donald Trump's executive order axing labor contracts covering agencies that have "national security" aims, with one judge expressing concern over the order's implications while two questioned if they can second-guess the president's determination.

  • July 17, 2025

    2nd Circ. Overturns Ex-HSBC Exec's 2017 Fraud Conviction

    The Second Circuit on Thursday overturned the conviction of a former HSBC executive accused of defrauding a Scottish oil and gas company in a $3.5 billion currency exchange deal, finding his jury was improperly instructed on a now-invalid "right-to-control" theory of fraud.

  • July 17, 2025

    Thrivent Challenges SEC Over FINRA Arbitration Rules

    Financial services giant Thrivent has filed a petition in the D.C. Circuit Court of Appeals seeking to force the U.S. Securities and Exchange Commission to review three rules adopted by the Financial Industry Regulatory Authority that give the agency exclusive jurisdiction over arbitration disputes between brokers and their customers.

  • July 17, 2025

    Dallas Can Fight AG To Keep Records, Appeals Court Says

    A Texas appeals court gave the city of Dallas another shot at keeping records of alleged housing discrimination away from the public, saying Thursday that the city challenged an order to release the records from the Texas attorney general in time to pursue its suit.

  • July 17, 2025

    Colo. Court Clarifies Virtual Hearing Rights For Defendants

    The Colorado Court of Appeals said Thursday that judges must provide criminal defendants with proper advisements before issuing sentences via the court's video interfacing service, Webex, but found a judge's error in the case at hand didn't cause any harm.

  • July 17, 2025

    7th Circ. Signs Off On Searches Tied To Convictions

    The Seventh Circuit has ruled that a warrant used to charge two men with cocaine trafficking and felony weapons crimes was valid and that a lower court was correct to allow the evidence turned up in the search to be presented at trial.

  • July 17, 2025

    7th Circ. Gives Man Second Shot To Argue Search Was Illegal

    A man who pled guilty to drug and weapons charges when an Illinois federal court refused to suppress evidence against him must get another shot at arguing that officers found the contraband during an illegal search, the Seventh Circuit ruled Thursday.

  • July 17, 2025

    11th Circ. Says Ex-Quest Diagnostics Worker's FCA Suit Fails

    The Eleventh Circuit declined to revive a former Quest Diagnostics Inc. compliance officer's False Claims Act suit against the lab testing company, ruling she had failed to allege a specific claim of medical billing fraud after some 15 years of litigation.

  • July 17, 2025

    Fed. Circ. Scraps $21M IP Win For 'Comfy' Sweatshirt Maker

    The Federal Circuit on Thursday overturned a more than $21 million judgment against Top Brand LLC for infringing Cozy Comfort Co.'s design patent and trademarks on its "The Comfy" sweatshirt featured on "Shark Tank," saying no reasonable jury could have found infringement.

  • July 17, 2025

    Uber Asks Ga. Justices To Reverse Sales Tax Ruling

    Georgia's highest court should review and reverse an appellate panel's decision that Uber was required to collect and remit millions in sales taxes on behalf of drivers and customers who used its app before the Wayfair decision, the ride-hailing company told the state's justices.

  • July 17, 2025

    Russia Claims Immunity In $34M Crimea Award Suit

    Russia is pressing the D.C. Circuit to overturn what it calls an "unprecedented" decision greenlighting litigation to enforce a more than $34 million arbitral award issued to Ukrainian gas companies that operated in Crimea, saying Wednesday that its sovereign immunity defense wasn't adequately weighed.

  • July 17, 2025

    Fla. High Court Revives UF Student's COVID-19 Suit

    The Florida Supreme Court on Thursday revived a University of Florida student's lawsuit over cancellation of on-campus services during the COVID-19 pandemic, ruling that sovereign immunity does not automatically block the student's breach-of-contract claims.

  • July 17, 2025

    FCC Asks 5th Circ. To Reinstate $57M AT&T Data Privacy Fine

    The Federal Communications Commission is asking for the full Fifth Circuit to take up an April panel decision finding the commission's in-house adjudications unconstitutional, arguing that a recent U.S. Supreme Court decision "effectively abrogated" the precedent that the panel ruling for AT&T was partly predicated on.

  • July 17, 2025

    How A NJ Clergy Abuse Probe Will Reshape Defense Strategy

    The New Jersey Supreme Court has cleared the way for a grand jury to investigate clergy abuse claims, bringing forward a rarely used prosecution tool that experts say will have reverberations on the strategies taken by lawyers representing powerful individuals and institutions even beyond the Catholic Church.

  • July 17, 2025

    NC Justices Urged To Let Property Foreclose In Debt Fight

    A company on the cusp of wrapping up the foreclosure sale of a Cornelius, North Carolina, land tract that is planned to be part of a larger mixed-use development has implored the state Supreme Court not to temporarily stay the sale.

  • July 17, 2025

    6 Cases For Patent Attys To Watch In The Second Half Of 2025

    The Federal Circuit is considering major questions about when delays in prosecuting patents become bad faith and whether the acting U.S. Patent and Trademark Office director is legally allowed to apply new rules retroactively. Here's what you need to know about these cases and others that attorneys are keeping an eye on for the rest of the year.

  • July 17, 2025

    Nursing Home Suit Is Med Mal, Tossed For Lack Of Expert

    A Texas appellate court on Thursday dismissed a man's suit against a nursing home claiming its negligence led to his mother's death after she fell and hit her head, finding his suit is a medical malpractice claim, so he needed an expert report to support his allegations.

  • July 17, 2025

    Wis. Senators Send List Of Bipartisan 7th Circ. Picks To Trump

    The senators from Wisconsin, one Republican and one Democrat, have sent President Donald Trump a list of five candidates for the seat of the Seventh Circuit that is slated to open in October.

  • July 17, 2025

    6th Circ. Says VA Nurse's Firing Wasn't Motivated By Age

    The Sixth Circuit on Thursday upheld the dismissal of a former Veterans Affairs nurse's age discrimination suit, finding that the worker was fired for repeatedly flouting her supervisor's instructions rather than because of age discrimination.

  • July 17, 2025

    Mass. Appeals Court Affirms Toss Of Cell Tower Challenge

    A Massachusetts intermediate appellate court affirmed the dismissal of a challenge to permits for a cell tower in the town of Essex, in an unpublished decision Wednesday.

  • July 17, 2025

    4th Circ. Orders New Trial After Doc Acquitted In Fraud Case

    A Fourth Circuit panel ordered a new trial for a doctor who received a judge's acquittal after a jury found him guilty of alleged healthcare fraud, finding that the jury had sufficient evidence to convict, but the case was "close," and the district court was correct in hedging and allowing another shot at the case.

  • July 17, 2025

    5th Circ. Won't Reinstate Fired Officer's Age Bias Fight

    The Fifth Circuit refused to reopen a former deputy constable's lawsuit alleging that a Texas county fired him because he was a middle-aged man, ruling Thursday that it found no reason to disturb a lower court's dismissal of the case.

Expert Analysis

  • Notable Q1 Updates In Insurance Class Actions

    Author Photo

    The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.

  • 2nd Circ. Ruling May Aid Consistent Interpretation Of ADA

    Author Photo

    In Tudor v. Whitehall Central School District, the Second Circuit joined the majority of circuits by holding that an employee's ability to perform their job without an accommodation does not disqualify them from receiving one, marking a notable step toward uniform application of the Americans with Disabilities Act nationwide, says Michelle Grant at Wilson Elser.

  • EPA's Proposed GHG Reform Could Hinder Climate Regulation

    Author Photo

    The Trump administration will reconsider the U.S. Environmental Protection Agency's landmark 2009 greenhouse gas endangerment finding, which could leave the U.S. federal government with no statutory authority whatsoever to regulate climate change or greenhouse gas emissions, says David Smith at Manatt.

  • Series

    Power To The Paralegals: The Value Of Unified State Licensing

    Author Photo

    Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.

  • Fed. Circ. In March: Forfeiting Claim Construction On Appeal

    Author Photo

    The Federal Circuit's decision in Wash World v. Belanger last month confirms the importance of fair notice to the district court when determining forfeiture of an argument on appeal in the context of patent claim construction, allowing appellants to better gauge the appropriate framing of arguments that may be presented, say attorneys at Knobbe Martens.

  • 1st Circ. Ruling May Slow SEC Retail Investment Advice Cases

    Author Photo

    The First Circuit's recent ruling, finding the U.S. Securities and Exchange Commission did not substantiate its $93.3 million fine against a retail investment adviser, may raise the threshold on materiality findings in these cases and add a speed bump resulting in fewer such actions, say attorneys at Weil.

  • 10 Soft Skills Every GC Should Master

    Author Photo

    As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.

  • 6 Criteria Can Help Assess Executive Branch Actions

    Author Photo

    With new executive policy changes announced seemingly every day, several questions can help courts, policymakers and businesses determine whether such actions are proper, effective and in keeping with our democratic norms, say Marc Levin and Khalil Cumberbatch at the Council on Criminal Justice.

  • Fed Circ.'s PTAB Ruling Highlights Obsolete Rationale

    Author Photo

    The Federal Circuit's recent decision in In re: Riggs shines a new light on its 2015 decision in Dynamic Drinkware v. National Graphics, and raises questions about why the claim support requirement established by Dynamic Drinkware exists at all, say attorneys at Patterson Belknap.

  • Traversing The Shifting Sands Of ESG Reporting Compliance

    Author Photo

    Multinational corporations have increasingly found themselves between a rock and a hard place attempting to comply with EU and California ESG requirements while not running afoul of expanding U.S. anti-ESG regimes, but focusing on what is material to shareholder value and establishing strong governance can help, say attorneys at MoFo.

  • An Unrestrained, Bright-Eyed View Of Legal AI's Future

    Author Photo

    Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.

  • Tracking The Evolution In Litigation Finance

    Author Photo

    Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.

  • Addressing Antitrust Scrutiny Over AI-Powered Pricing Tools

    Author Photo

    Amid multiple recent civil complaints alleging antitrust violations by providers and users of algorithmic pricing tools, such as RealPage and Yardi, digital-era measures should feature prominently in corporate compliance programs, including documentation of pro-competitive benefits and when to use disclosures, say attorneys at Morgan Lewis.

  • Opinion

    In Vape Case, Justices Must Focus On Agencies' Results

    Author Photo

    With the U.S. Supreme Court's ruling in U.S. Food and Drug Administration v. Wages and White Lion Investments having put off the question of whether agency decisions arrived at erroneously are always invalid, the court should give the results of agency actions more weight than the reasoning behind them when it revisits this case, says Jonathan Sheffield at Loyola University Chicago School of Law.

  • Series

    Volunteer Firefighting Makes Me A Better Lawyer

    Author Photo

    While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.

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.