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Appellate
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July 25, 2025
Michigan, Green Groups Challenge Feds' Coal Plant Order
Michigan's attorney general and a coalition of environmental groups have appealed the Trump administration's decision to order a Consumers Energy coal power plant to operate through summer, delaying the plant's retirement.
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July 25, 2025
District Court Won't Pause Block Of FTC Dem's Firing
A D.C. federal court refused to stay its order reinstating a Democratic member of the Federal Trade Commission after finding she was illegally fired by the Trump administration, although the D.C. Circuit has already put the order on hold.
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July 25, 2025
Big Tech's Refusal-To-Deal Defense Hits A Wall: Judges
Apple couldn't do it. Google couldn't do it. Live Nation couldn't do it. CoStar couldn't do it at the Ninth Circuit. Companies accused of monopolization have continually tried to flip allegations of illegally locking in customers into hard-to-prove "refusal-to-deal" litigation.
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July 25, 2025
11th Circ. Calls Dismissal Of Ga. Bar Bias Suit 'Indefensible'
An Eleventh Circuit panel appeared all but certain Friday that it would revive a Georgia attorney's race bias suit against the state's bar association, calling a federal district court's dismissal of her claims that the bar has a two-tiered disciplinary system "indefensible."
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July 25, 2025
Surety Can't Avoid Texas County's $11M Park Bond Dispute
A surety can't escape a county's suit accusing it of breaching a performance bond issued for an $11 million park development project, a Texas appellate court ruled, saying the surety failed to show that a one-year statute of limitations expired before the county filed suit.
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July 25, 2025
1st Circ. Backs Ex-Pharma Director's $24M Disability Bias Win
The First Circuit declined to scrap a $24 million verdict for a former lab director of a Thermo Fisher Scientific Inc. subsidiary who claimed she was fired for seeking alternative public speaking arrangements due to her anxiety, ruling the evidence presented supported the jury's verdict.
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July 25, 2025
Will Tom Girardi's Wardrobe Mishap Help His Appeal?
When legendary attorney Tom Girardi's pants fell down as he finished testifying in his defense, the judge had to decide: Was this a desperate bid to feign incompetence and avoid prison for stealing client funds, or just an accident by an 86-year-old man with dementia? And if it really was an accident, does it now give Girardi a shot at winning his appeal and overturning his sentence?
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July 25, 2025
Top Immigration Cases Of 2025: Midyear Report
Federal courts repeatedly rebuffed key pillars of President Donald Trump's immigration policy during the first half of the year, with district courts halting efforts to curtail birthright citizenship, restrict asylum at the southern border and deport noncitizens without notice. Law360 looks at some of the most significant immigration litigation developments nearly six months into Trump's second term.
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July 25, 2025
Legal Org. Urges DC Circ. To Reject Trump's Tariff Powers
The D.C. Circuit should affirm a ruling that sided with toy makers and blocked President Donald Trump from using an international economic law to impose emergency tariffs because the law does not give the president the authority he claims, a legal organization argued.
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July 25, 2025
Calif. Court Axes Deported Man's Drug Plea Over Atty Advice
A California appeals court has vacated the drug conviction of a Mexican national and U.S. resident and has told the lower court to set a trial on the charge, finding he wasn't properly told by his lawyer that pleading guilty would lead to deportation.
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July 25, 2025
Iowa Urges 8th Circ. To Undo Block On E-Cig Law
Iowa's Department of Revenue is urging the Eighth Circuit to overturn a lower judge's ruling that blocked enforcement of a new state law that would have restricted the sale of some e-cigarettes in the Hawkeye State.
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July 24, 2025
Will 9th Circ. Take 'Rare' Step Of Nixing Kat Von D's IP Win?
A Ninth Circuit panel openly struggled this month with a jury's verdict clearing tattoo artist Kat Von D of infringing a photographer's copyrighted photo of Miles Davis, and is now facing the rare proposition of nullifying the verdict based on its own interpretation of the images.
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July 24, 2025
5th Circ. Says Deportation Waiver Did Not Violate Due Process
A split Fifth Circuit panel found that an unauthorized immigrant did not have his due process rights violated when he signed a form that waived his right to judicial review, saying in a Wednesday opinion that a conviction of an aggravated felony did not violate his rights.
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July 24, 2025
5th Circ. Loath To Say Guilty Plea Implicated Brother In Fraud
A Fifth Circuit panel seemed skeptical of a convicted Dallas fraudster's argument that the jury's learning of his brother's guilty plea in a conspiracy indictment tainted his own case, asking during oral arguments on Thursday how the guilty plea directly implicated him.
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July 24, 2025
NJ High Court Orders Questioning Of Murder Trial Juror
New Jersey's highest court cast doubt on three murder convictions on Thursday and ordered a judge to make up for inadequately questioning a juror after receiving a tip that she was Googling and discussing the case against three men who allegedly killed a schoolteacher, reportedly telling colleagues she would find them guilty and 'burn their asses.'
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July 24, 2025
7th Circ. Erases Class Cert. Over Progressive's Car Valuation
The Seventh Circuit on Thursday reversed a policyholder's class certification win against Progressive Insurance over certain adjustments the insurer makes when calculating a totaled vehicle's actual cash value, finding that whether Progressive paid insureds the proper amount is a primarily individualized inquiry.
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July 24, 2025
Split 9th Circ. Affirms Block Of Calif. Ammunition Regulation
A split Ninth Circuit panel Thursday affirmed a lower court's finding that California can't require gun owners to undergo background checks before buying ammunition, ruling that the law runs afoul of the Second Amendment in light of the U.S. Supreme Court's 2022 ruling in Bruen.
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July 24, 2025
Ky. Clerk Seeks To Overturn Marriage Equality Ruling
A Kentucky clerk who made international headlines for refusing to issue marriage licenses in protest of the legalization of same-sex marriage asked the U.S. Supreme Court on Thursday to overturn its 2015 marriage equality decision after she unsuccessfully tried to shake a civil judgment against her.
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July 24, 2025
Panel OKs Atty As Expert In 'Vanishingly Rare' Med Mal Suit
A Texas appellate court said Thursday that allegations that a hospital negligently discharged a newborn to adoptive parents can be considered a medical malpractice claim, but said a family law attorney can also serve as an expert witness in a "vanishingly rare" case where an expert needn't be a physician.
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July 24, 2025
Feds Say 9th Circ. Order Supports Nixing Delay Of TPS End
The U.S. Department of Justice told the Ninth Circuit it can hear an immediate appeal of a district court's decision postponing the Trump administration's termination of temporary protected status for Venezuelans, citing a recent decision from the appeals court narrowing an injunction in a separate case.
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July 24, 2025
NY Court Bars Monitoring Of Domestic Violence Survivors
A New York state appellate court held Thursday that the Family Court acted unlawfully in placing a mother under the supervision of New York City's child welfare agency just because she has experienced domestic abuse, further curtailing a controversial practice that's already banned elsewhere in the state.
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July 24, 2025
9th Circ. Urged Not To Let $1.3B India Award Suit Drag On
Weeks after the U.S. Supreme Court overturned an outlier Ninth Circuit decision refusing to enforce a $1.3 billion arbitral award against India, an Indian satellite communications company's shareholders are now urging the circuit court to minimize or nix briefing on issues left open by the justices.
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July 24, 2025
Pa. Court Backs Use Of DNA From Trash In 1995 Rape Case
The Pennsylvania Superior Court on Thursday upheld the use of a John Doe warrant and decades-delayed DNA testing to identify and convict a man in 2024 for the violent rape of a Penn State student in 1995, saying in the precedent-setting opinion that police were allowed to collect DNA evidence from the man's trash years later.
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July 24, 2025
IRS Can Levy Religious Group's Property, Split 9th Circ. Says
The IRS can impose a lien on an Arizona residential property held by a religious organization to collect unpaid taxes owed by a bankrupt couple who had decision-making authority over the entity's finances and bank account, a divided Ninth Circuit ruled Thursday.
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July 29, 2025
CORRECTED: Nonprofit Attys Get OK To Appear In Yale Defamation Suit
The Connecticut Appellate Court on July 23 allowed six out-of-state attorneys representing special interest groups to appear in an appeal questioning whether an unapproved amicus brief in a separate case defamed an acquitted ex-Yale student.
Expert Analysis
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
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.
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Tracking The Evolution In Litigation Finance
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.
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Addressing Antitrust Scrutiny Over AI-Powered Pricing Tools
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.
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Opinion
In Vape Case, Justices Must Focus On Agencies' Results
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.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
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.
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Takeaways From Alaska Justices' Pollution Exclusion Ruling
A recent Alaska Supreme Court ruling that a total pollution exclusion in a homeowners policy didn't bar coverage for carbon monoxide poisoning shows that even when policy language appears unambiguous on its face, courts can still consider the reasonable expectations of an insured to determine applicability, say attorneys at Hunton.
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What's At Stake As 9th Circ. Eyes Cultural Resource Damages
In Pakootas v. Teck Cominco, the Ninth Circuit is faced with the long-unresolved question of whether cultural resource damages are recoverable as part of natural resource damages under the Superfund law — and the answer will have enormous implications for companies, natural resource trustees and Native American tribes, says Sarah Bell at Farella Braun.
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Digesting A 2nd Circ. Ruling On Food Delivery App Arbitration
The Second Circuit recently rejected Grubhub's attempt to arbitrate price-fixing claims, while allowing Uber Eats to do so, reinforcing that even broad arbitration clauses must connect to the underlying dispute and suggesting that terms of service litigation may center on websites' design and content, say attorneys at Greenspoon Marder.
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Bid Protest Spotlight: Instructions, Price Evaluation, Standing
In this month's bid protest roundup, Caitlin Crujido at MoFo looks at three recent decisions that consider a contractor's attempt to circumvent unambiguous solicitation instructions, the fairness of an agency's price evaluation and whether a protestor that would be unable to perform even if sucessful has standing.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Defense Strategies After Justices' Personal Injury RICO Ruling
In Medical Marijuana v. Horn, the U.S. Supreme Court recently held that the Racketeer Influenced and Corrupt Organizations Act can be invoked by some plaintiffs with claims arising from personal injuries — but defense counsel can use the limitations on civil RICO claims to seek early dismissal in such cases, say attorneys at Debevoise.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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Opinion
The SEC Must Protect Its Best Tool For Discovering Fraud
By eliminating the consolidated audit trail's collection of most retail customer information, the U.S. Securities and Exchange Commission may squander a once-in-a-generation opportunity to deter securities market fraud and abuse, something new Chair Paul Atkins must ensure doesn't happen, says former SEC data strategist Hugh Beck.
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Series
Florida Banking Brief: All The Notable Legal Updates In Q1
The first quarter of 2025 saw the Trump administration's crypto-forward approach permeate the banking industry, including Florida banking institutions, and a Fourth District Court of Appeal decision provide a new precedent for borrower/lender standing, say attorneys at Kozyak Tropin.
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Meta Case Brings Customer-Facing Statements Issue To Fore
Now that Facebook v. Amalgamated Bank has returned to California federal court after the U.S. Supreme Court in November found it improvidently granted certiorari, it will be worth watching whether customer-facing communications, such as Facebook's privacy policies, are found to be made in connection with the sale of a security, says Samuel Groner at Fried Frank.