Ƶ

Appellate

  • October 06, 2025

    Justices Deny 'Space Force' TM Appeal From IP Atty

    The U.S. Supreme Court on Monday skipped an appeal from an attorney who said a 2018 speech from President Donald Trump was the inspiration for his attempt to register "US Space Force" as a trademark. 

  • October 06, 2025

    Justices Skip Fight Over NJ Healthcare Worker Vax Mandate

    The U.S. Supreme Court said Monday it won't review the challenge by four New Jersey nurses to New Jersey Gov. Phil Murphy's executive orders in the first three months of 2022 mandating a COVID-19 vaccine booster for healthcare workers.

  • October 06, 2025

    Justices Deny Aviation Co.'s Appeal Over TM Trial Rights

    The U.S. Supreme Court on Monday rejected an appeal from a personal aviation company that raised the question of whether parties in trademark infringement cases still have a right to a jury trial when seeking an accounting of profits as the monetary remedy rather than damages.

  • October 06, 2025

    Justices Turn Away BDO's Auditor Fraud Case

    The U.S. Supreme Court on Monday said it would not hear a case that BDO USA LLP claimed could set a "dangerous precedent" for public-company auditors, leaving intact a Second Circuit decision allowing the securities fraud suit against the accounting firm to move forward.

  • October 06, 2025

    Slack Investor Won't Get 2nd Shot Before High Court

    The U.S. Supreme Court on Monday turned away a Slack Technologies investor's petition for the justices to hear his fraud dispute for the second time in two years, leaving intact a Ninth Circuit ruling that the case against the messaging software company was impossible to salvage under the 2023 high court ruling.

  • October 06, 2025

    Supreme Court Rejects Wash. State Climate Law Challenge

    The U.S. Supreme Court on Monday rejected Ohio-based Invenergy Thermal LLC's challenge to Washington state's Climate Commitment Act, which the company alleged illegally favors in-state power providers.

  • October 06, 2025

    Justices Won't Weigh If Home Care Travel Time Compensable

    The U.S. Supreme Court declined on Monday to review whether the time that home health aides spend traveling between clients' homes is compensable in a case brought by the U.S. Department of Labor.

  • October 06, 2025

    Justices Skip TM Dispute Over Pink Color In Hip Implants

    The U.S. Supreme Court on Monday declined a German medical supplier's appeal challenging a Federal Circuit conclusion that the color pink in a hip joint implant part is not protectable trade dress because its purpose is functional.

  • October 03, 2025

    Up First At High Court: Election Laws & Conversion Therapy

    The U.S. Supreme Court will hear oral arguments in six cases during the first week of its October 2025 term, including in disputes over federal candidates' ability to challenge state election laws, Colorado's ban on conversion therapy, and the ability of a landlord to sue the U.S. Postal Service for allegedly refusing to deliver mail. 

  • October 03, 2025

    1st Circ. Keeps Block On Trump's Birthright Citizenship Order

    The First Circuit on Friday upheld blocks on President Donald Trump's executive order aiming to limit birthright citizenship, ruling in a sweeping 100-page opinion that the president's order is likely unconstitutional.

  • October 03, 2025

    6th Circ. Says FirstEnergy's Bribery Probe Docs Are Privileged

    The Sixth Circuit on Friday vacated a district court's order forcing FirstEnergy to disclose to investors its internal investigation materials amid a $1 billion bribery scandal involving an Ohio lawmaker, ruling that the materials were "clearly" protected by the attorney-client privilege and work-product doctrine. 

  • October 03, 2025

    Lost Mail No Excuse, 3rd Circ. Rules When Ending Suit

    A woman's slip-and-fall lawsuit against the U.S. Postal Service was properly ended as untimely, the Third Circuit ruled on Friday, rejecting arguments that the carrier failed to deliver a critical notice to the plaintiff's attorney, causing the suit to be filed late, and ruling that the government's only responsibility was to mail the letter.

  • October 03, 2025

    10th Circ. Rules Modoc Nation's Ex-AG Not Immune From Suit

    The Tenth Circuit said Friday that the Modoc Nation's former attorney general isn't entitled to immunity in the Oklahoma tribe's $14.6 million racketeering lawsuit against a computer management company, ruling the ex-official "is the real party in interest."

  • October 03, 2025

    Would-Be Kavanaugh Assassin Gets 8 Years In Prison

    A Maryland federal judge on Friday handed an eight-year prison sentence plus a lifetime of supervised release to a Californian accused of trying to kill U.S. Supreme Court Justice Brett Kavanaugh, rejecting prosecutors' request that the defendant spend at least 30 years behind bars.

  • October 03, 2025

    4 Top Supreme Court Cases To Watch This Term

    After a busy summer of emergency rulings, the U.S. Supreme Court will kick off its October 2025 term Monday with only a few big-ticket cases on its docket — over presidential authorities, transgender athletes and election law — in what might be a strategically slow start to a potentially momentous term. Here, Law360 looks at four of the most important cases on the court's docket so far.

  • October 03, 2025

    11th Circ. Upholds Robbery Convictions Despite Lawyer Errors

    The Eleventh Circuit agreed Friday that a man serving 26 years in prison for a string of Walmart robberies received ineffective counsel at trial but declined to overturn his conviction, citing the "mountain of evidence against him" it said would likely have secured his conviction regardless.

  • October 03, 2025

    Press Freedom Org. Backs Overturn Of SEC 'Gag Rule'

    The Freedom of the Press Foundation is urging the Ninth Circuit to reconsider its decision to uphold the U.S. Securities and Exchange Commission's "gag rule," arguing that preventing settling parties from speaking out harms the public's right to know what is happening inside the agency.

  • October 03, 2025

    6th Circ. Will Hear Ohio PBM Fight Arguments In December

    The Sixth Circuit will hear arguments from the state of Ohio and the pharmacy benefit managers it's accusing of colluding to raise the price of prescription medications in December to decide whether the matter belongs in state or federal court.

  • October 03, 2025

    Justices To Confront Divisive Cases On Rights, Power, Liberty

    The U.S. Supreme Court is poised to confront a slate of divisive issues in its upcoming term that begins Monday, with voting rights, transgender equality, religious freedom, immigration detention, and criminal procedure all on the docket.

  • October 03, 2025

    Ga. Panel Orders Retrial Over $1.5M Land Seizure Verdict

    The Georgia Court of Appeals has granted the state Department of Transportation's bid for a new trial after it was hit with a $1.5 million verdict over land it condemned from a family farm, ruling that a state court jury relied on impermissible speculation about the property's potential value.

  • October 03, 2025

    Paltalk Urges Albright To Revive $65.7M Cisco Patent Verdict

    Paltalk Holdings wants U.S. District Judge Alan Albright to revisit his decision wiping out an over $65.7 million verdict in its favor against Cisco Systems Inc. and ordering a new trial on damages in the patent infringement case, saying the verdict was backed by enough evidence.

  • October 03, 2025

    High Court Broker Negligence Case 'Pivotal' For Trucking

    The U.S. Supreme Court grabbed an opportunity to smooth out splintered circuit court rulings on whether freight brokers might also be liable for roadway accidents that have killed or injured people, potentially providing long-sought clarity to middlemen in a trucking and logistics sector unnerved by recent supersized verdicts against carriers and drivers.

  • October 03, 2025

    Vape Cos. Tell 5th Circ. FDA Erred On Flavored E-Cigs

    Multiple vaping companies told the Fifth Circuit that the U.S. Food and Drug Administration overstepped its authority when it blocked approval of their flavored e-cigarettes since it skipped a full review of the available information, including the regulator's own survey data showing that minors aren't using them.

  • October 03, 2025

    11th Circ. Pushes Forward Fla.'s ACA Trans Health Appeal

    The Eleventh Circuit resolved a jurisdictional question that will allow Florida to continue pursuing its challenge against Biden-era policies impacting Affordable Care Act coverage for gender-affirming care.

  • October 03, 2025

    Jewish Committee Backs Tribes' High Court Voting Challenge

    The American Jewish Committee is backing two North Dakota tribes in their Supreme Court bid to undo an Eighth Circuit voting rights order, telling the justices the guiding principle of any democracy is that the government needs to make it easy to cast a ballot.

Expert Analysis

  • 2 Appellate Rulings Offer Clickwrap Enforcement Road Map

    Author Photo

    Two recent decisions from the Fourth and Eleventh Circuits in cases involving Experian signal that federal appellate courts are recognizing clickwrap agreements' power in spite of their simplicity, and offer practical advice on how companies can sufficiently demonstrate notice and assent when attempting to enforce contractual terms, says Brian Willett at Saul Ewing.

  • Fleeing Or Just Leaving Quickly? 2nd Circ. Says It Depends

    Author Photo

    The Second Circuit’s recent U.S. v. Bardakova decision adopted a new approach for determining whether a defendant who commits a crime in the U.S., and then leaves and remains abroad, intends to avoid prosecution — making it more difficult to argue against the fugitive disentitlement doctrine in most cases, say attorneys at MoloLamken.

  • What 2 Profs Noticed As Transactional Law Students Used AI

    Author Photo

    After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.

  • What Patent Claim 'Invalidity' Means In Different Forums

    Author Photo

    A recent Federal Circuit order allowing a patent suit to proceed despite similar claims being invalidated in an inter partes review underscores how fractured the patent litigation landscape has become, leading to critical nuances in how district courts, the U.S. International Trade Commission and Patent Trial and Appeal Board treat invalidity, says Jason Hoffman at BakerHostetler.

  • Reel Justice: 'Eddington' Spotlights Social Media Evidence

    Author Photo

    In the neo-Western black comedy “Eddington” released last month, social media is a character unto itself, highlighting how the boundaries between digital and real-world conduct can become blurred, thereby posing evidentiary challenges in criminal prosecutions, says Veronica Finkelstein at Wilmington University School of Law.

  • 8th Circ. Rulings Show Employer ADA Risks In Fitness Tests

    Author Photo

    Two recent Eighth Circuit decisions reviving lawsuits brought by former Union Pacific employees offer guidance for navigating compliance with the Americans with Disabilities Act, serving as a cautionary tale for employers that use broad fitness-for-duty screening programs and highlighting the importance of individualized assessments, says Masood Ali at Segal McCambridge.

  • Rebuttal

    BigLaw Settlements Should Not Spur Ethics Deregulation

    Author Photo

    A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.

  • 9th Circ. Leaves Scope Of CIPA Applicability Unclear

    Author Photo

    Three recent Ninth Circuit decisions declined to directly address whether all of the California Invasion of Privacy Act's provisions actually apply to internet activity, and given this uncertainty, companies should heed five recommendations when seeking to minimize CIPA litigation risk, say attorneys at Skadden.

  • 5 Ways Lawyers Can Earn Back The Public's Trust

    Author Photo

    Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.

  • What Insurers Must Know About New La. Proof Of Loss Law

    Author Photo

    Insurers that comply with all the requirements under a Louisiana law effective this month may condition claim payments on receipt of proof of loss statements, but those that overlook even one prerequisite risk penalties and late payments, say attorneys at Phelps Dunbar.

  • Criminal Healthcare Fraud Takeaways From 4th Circ. Reversal

    Author Photo

    After the Fourth Circuit reversed a doctor’s postconviction acquittal in U.S. v. Elfenbein last month, defense attorneys should consider three strategies when handling complex criminal healthcare matters, says Jonathan Porter at Husch Blackwell.

  • Class Actions At The Circuit Courts: August Lessons

    Author Photo

    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses key takeaways from federal appellate decisions involving topics including antitrust, immigration, consumer fraud, birthright citizenship under the Fourteenth Amendment, and product defects.

  • A Look At Justices' Rare Decision Not To Limit Agency Powers

    Author Photo

    The Supreme Court's recent denial of Alpine's cert petition in its long-running case against the Financial Industry Regulatory Authority sends a strong signal that litigation strategies dependent on the elimination of government agencies merit caution, even from a court that lately hasn't been shy about paring back agency authority, say attorneys at Venable.

  • Notable Q2 Updates In Insurance Class Actions

    Author Photo

    Vehicle valuation challenges regarding the use of projected sale adjustments continued apace in insurance class actions this quarter, where insurers have been scoring victories on class certification decisions in federal circuit courts, says Mathew Drocton at BakerHostetler.

  • Series

    Hiking Makes Me A Better Lawyer

    Author Photo

    On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.

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.