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Appellate

  • September 12, 2025

    Appeals Courts Rethink Harsh Youth Sentences, Search Rules

    State appellate courts across the country have issued major criminal law opinions this year, softening some of the harshest sentences for young defendants while shifting rules for searches and evidence collection.

  • September 12, 2025

    Entertainment Center Escapes Suit Over 'Freakish' Collision

    A Florida appeals court on Friday tossed a suit accusing an entertainment center of causing a customer to get hit by a truck outside the venue after an event, saying criminal behavior by the truck's passenger, which led to a "freakish and improbable chain of events," could not have been foreseen.

  • September 12, 2025

    Va. City Attorney Tells 4th Circ. He's Immune From FMLA Suit

    A Virginia federal judge erred by allowing a Family and Medical Leave Act suit against a municipal attorney to head to trial, the attorney said Friday, asking the Fourth Circuit to hold that he is immune from suit.

  • September 12, 2025

    Conn. Supreme Court Snapshot: Amazon Wages Top Sept.

    A wage and hour dispute between Amazon and its Connecticut warehouse workers is the top corporate dispute on the Connecticut Supreme Court's September docket after the justices agreed to answer a certified question over whether state law requires the retailer to pay employees undergoing security screenings.

  • September 12, 2025

    Insurer Doubles Down On Bid To Undo $1.1M Roof Verdict

    A North Carolina federal court adopted the wrong causation standard in its instructions to a jury that awarded a church $1.1 million over its roof damage claim under what is known as an all-risk property policy, the church's insurer told the Fourth Circuit, urging the appeals court to set aside the verdict.

  • September 12, 2025

    1st Circ. Says Cops Partially Immune In Kneeling Case

    Two Massachusetts police officers have qualified immunity for some conduct that allegedly led to a man's death following a wellness check, the First Circuit has ruled.

  • September 12, 2025

    Ohio Panel Won't OK Sanctions In Casino Assault Suit

    An Ohio appeals panel denied a man's bid for sanctions against another man who sued him over an assault at a Cleveland casino, saying the record doesn't show that the case was frivolous or filed in bad faith.

  • September 12, 2025

    Fresh Angles On Display In ERISA Summer Filing Uptick

    Attorneys dealing with a rise in Employee Retirement Income Security Act cases are paying close attention to a handful of recent suits with allegations that put a twist on traditional benefits disputes. Here, Law360 looks at three cases with fresh angles that lawyers are keeping an eye on.

  • September 11, 2025

    4th Circ. Uneasy Weighing SSA Data Case After Justices' Stay

    The full Fourth Circuit on Thursday seemed inclined to maintain the government's access to U.S. Social Security Administration records since the U.S. Supreme Court granted the same relief in an emergency order, but also noted that the justices left them bereft of a blueprint for evaluating the merits of that access.

  • September 11, 2025

    Khalil Asks 3rd Circ. To Affirm His Release From ICE Detention

    Mahmoud Khalil, the pro-Palestinian activist whom immigration officials are seeking to deport, urged the Third Circuit on Wednesday to affirm his release from immigration detention, saying a lower court got it right in several decisions that led to his release.

  • September 11, 2025

    Trump Wants Fed Gov. Cook Out Before Next Rate Meeting

    The Trump administration asked the D.C. Circuit Thursday to halt a preliminary injunction barring the removal of Federal Reserve Gov. Lisa Cook, urging the appellate court to fast-track its decision in an effort to block Cook from participating in a meeting regarding interest rates next week.

  • September 11, 2025

    9th Circ. Says News Article Doesn't Doom Biotronik FCA Suit

    The Ninth Circuit revived a False Claims Act suit alleging that Biotronik orchestrated an illicit compensation scheme to boost the implantation of its cardiac devices in patients at Cedars-Sinai Medical Center in Los Angeles, saying the whistleblower's complaint presents new information that is not barred by fraud allegations disclosed in an earlier news article.

  • September 11, 2025

    6th Circ. Says Papa John's Founder's Ex-PR Can't Arbitrate

    The Sixth Circuit ruled Wednesday that a marketing agency Papa John's founder and former CEO accused of leaking comments that led to his resignation from the pizza company's board cannot ship his lawsuit to arbitration, saying in a published opinion that the agency had defaulted on its arbitration rights.

  • September 11, 2025

    Medicare Drug Pricing Plan Survives Novartis' 3rd Circ. Appeal

    The Third Circuit ruled Thursday that the Centers for Medicare & Medicaid Services' ability to negotiate "maximum fair prices" with drugmakers doesn't violate their constitutional rights, rejecting an argument by Novartis Pharmaceuticals Corp. that the practice amounted to a raw deal for the pharmaceutical industry.

  • September 11, 2025

    Texas Justices Debate When Eco-Devo Public Purposes End

    Texas Supreme Court justices seemed hesitant Thursday to give JPMorgan Chase Bank NA a green light to continue collecting payments on a $10 million economic development loan for a project that went belly up, asking what public purpose the payments would serve.

  • September 11, 2025

    6th Circ. Backs Toss Of Suit Over Alleged Jif Contamination

    A Sixth Circuit panel affirmed a lower court win for J.M. Smucker Co. on Wednesday, saying customers in a proposed class action over a Jif peanut butter recall lacked proof that their specific items were contaminated with salmonella bacteria.

  • September 11, 2025

    1st Circ. OKs Freeze Of Planned Parenthood Medicaid Funding

    The First Circuit on Thursday allowed the Trump administration to halt Medicaid reimbursements to Planned Parenthood and its affiliates, pausing a pair of lower court rulings that had blocked the funding cut.

  • September 11, 2025

    9th Circ. Revives 'Beauty' FX Copyright Verdict Against Disney

    The Ninth Circuit on Thursday revived a verdict that Walt Disney Pictures vicariously infringed a digital effects company's facial-motion capture software by using it for the 2017 "Beauty and the Beast" film, saying the tech company presented sufficient evidence for jurors to find Disney could have stopped its effects contractor's infringement.

  • September 11, 2025

    Moelis Says Pact Spurring Del. Corp. Law Rework Is Lawful

    Attorneys for Moelis & Co. have told Delaware's justices that a stockholder agreement that solidified Ken Moelis' control of the investment bank was either valid or lawfully obtainable by other means before the Court of Chancery struck it down last year, with time to challenge key provisions long since expired.

  • September 11, 2025

    Russia To Seek Guidance From Justices In $50B Award Suit

    Russia said Thursday it will ask the U.S. Supreme Court to review a D.C. Circuit decision reviving its bid to escape litigation to enforce $50 billion in arbitral awards against it, arguing the appellate decision "cements an irreconcilable conflict" with the Second and Fifth circuits.

  • September 11, 2025

    Insulin Makers Ask 2nd Circ. To Rethink Collusion Claims

    Sanofi-Aventis US, Eli Lilly & Co., Novo Nordisk Inc. and AstraZeneca Pharmaceuticals LP are asking for a rehearing after a Second Circuit panel revived a proposed class action from safety-net hospitals and clinics accusing the companies of increasing insulin drug costs by agreeing to limit participation in a discount program.

  • September 11, 2025

    11th Circ. Seeks Additional Briefing In Mortality Table Suit

    The Eleventh Circuit has requested additional briefing on what the term "actuarial equivalence" meant when the Employee Retirement Income Security Act was enacted in an appeal by married utility company retirees who filed a class suit claiming their pension benefits were lowballed due to outdated mortality tables used in conversions.

  • September 11, 2025

    3rd Circ. Won't Toss Talc Co. Whittaker Clark & Daniels' Ch. 11

    Defunct talc supplier Whittaker Clark & Daniels properly filed for Chapter 11 protection in 2023 and its bankruptcy case should not be dismissed, the Third Circuit has ruled, siding against talc claimants who argued the company already being in receivership precluded it from filing for bankruptcy.

  • September 11, 2025

    Insurers Claim 'Collusion' In Ga. School's $345M Abuse Deal

    Five insurance companies urged the Georgia Court of Appeals Thursday to let them off the hook for a $345 million settlement between a private school and nearly two dozen men who said they were sexually abused as students, alleging the deal was "tainted by collusion" and well outside the bounds of their respective policies.

  • September 11, 2025

    Ga. Panel Sends Officer Crash Suit Back For Notice Review

    The Georgia Court of Appeals Thursday said a trial court must reconsider whether a woman who sued the city of Savannah after a police officer allegedly injured her by causing her husband's motorcycle to topple sideways provided the city with an adequate ante litem notice.

Expert Analysis

  • What 9th Circ. Cracker Barrel Ruling Means For FLSA Cert.

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    The Ninth Circuit's decision in Harrington v. Cracker Barrel suggests a settling of two procedural trends in Fair Labor Standards Act jurisprudence — when to issue notice and where nationwide collectives can be filed — rather than deepening circuit splits, says Rebecca Ojserkis at Cohen Milstein.

  • Series

    Playing Mah-Jongg Makes Me A Better Mediator

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    Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.

  • How Latest High Court Rulings Refine Employment Law

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    The 2024-2025 U.S. Supreme Court term did not radically rewrite employment law, but sharpened focus on textual fidelity, procedural rigor and the boundaries of statutory relief, say attorneys at Krevolin & Horst.

  • Calif. Air Waivers Fight Fuels Automakers', States' Uncertainty

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    The unprecedented attempt by Congress and the Trump administration to kill the Clean Air Act waivers supporting California's vehicle emissions standards will eventually end up in the U.S. Supreme Court — but meanwhile, vehicle manufacturers, and states following California's standards, are left in limbo, says John Watson at Spencer Fane.

  • Diversity, Equity, Indictment? Contractor Risks After Kousisis

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    The U.S. Supreme Court’s recent Kousisis v. U.S. decision, holding that economic loss is not required to sustain wire fraud charges related to fraudulent inducement, may extend criminal liability to government contractors that make false diversity, equity and inclusion certifications, say attorneys at Moore & Van Allen.

  • Series

    Law School's Missed Lessons: Navigating Client Trauma

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    Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.

  • 9th Circ. Customs Ruling A Limited Win For FCA Plaintiffs

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    While the decision last month in Island Industries v. Sigma may be welcome news for False Claims Act relators, under binding precedent courts within the Ninth Circuit still do not have jurisdiction to adjudicate customs-based FCA claims pursued by the government, say attorneys at Morgan Lewis.

  • Opinion

    4 Former Justices Would Likely Frown On Litigation Funding

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    As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • Quantifying Trading-Based Damages Using Price Impact

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    The U.S. Securities and Exchange Commission will likely increasingly rely on price impact analyses to demonstrate pecuniary harm from trading-related misconduct, meaning measuring price impact will be helpful in challenging SEC disgorgement, determining appropriate remedies, and assessing loss causation and damages in private litigation, says Vyacheslav Fos at Boston College and Erin Smith at Compass Lexecon.

  • How Attys Can Use AI To Surface Narratives In E-Discovery

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    E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.

  • How McKesson Ruling Will Inform Interpretations Of The TCPA

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    Amid the U.S. Supreme Court's ruling in McLaughlin Chiropractic Associates v. McKesson, we can expect to see both plaintiffs and defendants utilizing the decision to revisit the Federal Communications Commission's past Telephone Consumer Protection Act interpretations and decisions they did not like, says Jason McElroy at Saul Ewing.

  • Justices Rethink Minimum Contacts For Foreign Entities

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    Two recent U.S. Supreme Court decisions, Devas v. Antrix and Fuld v. Palestine Liberation Organization, suggest that federal statutes may confer personal jurisdiction over foreign entities that have little to no contact with the U.S. — a significant departure from traditional due process principles, says Gary Shaw at Pillsbury.

  • Opinion

    High Court Must Overrule Outdated Patent Eligibility Doctrine

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    A certiorari petition should directly ask the U.S. Supreme Court to correct its 1972 patent decision in Gottschalk v. Benson, the critical point where patent eligibility law veered from the statutory text toward judicial policymaking, says Robert Greenspoon at Dunlap Bennett.

  • Examining TCPA Jurisprudence A Year After Loper Bright

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    One year after the U.S. Supreme Court overturned Chevron deference in Loper Bright v. Raimondo, lower court decisions demonstrate that the Telephone Consumer Protection Act will continue to evolve as long-standing interpretations of the act are analyzed with a fresh lens, says Aaron Gallardo at Kilpatrick.

  • Gauging The Risky Business Of Business Risk Disclosures

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    With the recent rise of securities fraud actions based on external events — like a data breach or environmental disaster — that drive down stock prices, risk disclosures have become more of a sword for the plaintiffs bar than a shield for public companies, now the subject of a growing circuit split, say attorneys at A&O Shearman.

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