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Barrett Talks Dobbs, Court's Role In New Book
U.S. Supreme Court Justice Amy Coney Barrett defends her vote to overturn Roe v. Wade and declare there's no constitutional right to abortion in her new memoir, which also provides unique insight into her view of the judiciary's role in American democracy and her approach to interpreting law.
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September 23, 2025
5th Circ. Won't Disturb EPA's Denial Of Texas Ozone Plan
The Fifth Circuit on Monday refused to upend a U.S. Environmental Protection Agency decision denying Texas' Clean Air Act implementation plans, finding that the EPA's procedure complied with the law and its reasoning for denying the plans "was sound."
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September 23, 2025
DC Circ. Says FMC's Late-Fee Rule Makes No Sense
The Federal Maritime Commission's "demurrage and detention" fees rule does not make sense, the D.C. Circuit has ruled, partially striking down the rule after finding that the agency had not given a good reason for allowing some entities to be fined for shipping delays while blocking others.
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September 23, 2025
Towing Cos. Can Bill For Special Rigs, Conn. Justices Say
Upending three lower decisions to the contrary, the Connecticut Supreme Court on Tuesday said tow truck operators can charge extra fees on top of hourly labor rates when using specialized equipment to clear highway wrecks, saying a limited interpretation of a state motor vehicle regulation could hinder accident cleanup efforts.
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September 23, 2025
Sandisk Gets Support In 'Settled Expectations' Challenge
Industry groups, professors and Unified Patents are backing Sandisk Technologies Inc.'s Federal Circuit challenge to the U.S. Patent and Trademark Office's policy of denying review of patents based on the owner's "settled expectations," saying it flouts the law and undermines the patent review system.
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September 23, 2025
Feds Tell Justices GEO Can't Rush Detainee Work Row Appeal
The federal government told the U.S. Supreme Court that immigrant detention contractor The GEO Group Inc. is wrong when it asserts that a federal judge's rejection of its immunity defense to a detainee class action could be appealed immediately.
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September 23, 2025
Fla. Panel Upholds Verdict For Insurer In Bad Faith Dispute
A Florida state appeals court affirmed the verdict in favor of an insurance company in a widow's lawsuit alleging its conduct following her husband's death led to a $13.5 million excess judgment, saying a jury was given proper instructions.Â
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September 23, 2025
1st Circ. Calls BIA's Handling Of Late Filing 'Troubling'
The First Circuit on Monday faulted the Board of Immigration Appeals for refusing to consider a Guatemalan asylum applicant's appeal brief that was inadvertently filed in the wrong forum, finding the decision "troubling," and saying the BIA abused its discretion by not offering an explanation.
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September 23, 2025
Enviro Orgs. Ask 5th Circ. To Review Delfin LNG Project License
Environmental groups on Monday asked the Fifth Circuit to find that the U.S. Department of Transportation violated federal law when it issued a license for the construction and operation of the Delfin LNG LLC deepwater liquefied natural gas project.
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September 23, 2025
11th Circ. Affirms Toss Of Ga. Strip Club's Ordinance Suit
The Eleventh Circuit on Tuesday upheld the dismissal of a lawsuit filed by Atlanta-area strip club Follies against the city of Chamblee, alleging the city passed a series of unconstitutional ordinances related to the sale of alcohol at adult establishments that forced it to close its doors.
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September 23, 2025
5th Circ. Clears Tugboat Firm In Barge Sinking Dispute
The Fifth Circuit on Monday said a lower court did not err in finding that a marine transportation services company wasn't liable for all claims arising from a June 2022 capsizing and sinking of a barge, saying that the barge's structure made it unseaworthy.
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September 23, 2025
Mich. Panel Says Driver's Food Delivery Work Voids Coverage
A Progressive Insurance unit was entitled to rescind an auto policy it issued to a woman seeking coverage for an August 2021 accident since she falsely declared in her insurance application that she didn't work for a food delivery service, a Michigan state appeals court ruled.
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September 23, 2025
Trump Tariffs Are Constitutional, President's Allies Tell Justices
Two Republican lawmakers and two allied nonprofit groups told the U.S. Supreme Court on Tuesday that it should allow President Donald Trump's emergency tariffs authorized under the International Emergency Economic Powers Act.
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September 23, 2025
9th Circ. Won't Revive Religious Bias Suit Over COVID Tests
A split Ninth Circuit panel backed the dismissal of a religious bias suit Tuesday from a Christian hospital worker who said she was fired for objecting to COVID-19 nasal testing, ruling she hadn't made a connection between her opposition to testing and her faith.
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September 23, 2025
Fed. Circ. Gives Bayer Chance To Save Xarelto Patent Claims
The Federal Circuit revived several claims of a patent underpinning Bayer Pharma Aktiengesellschaft's blockbuster blood thinner Xarelto on Tuesday, sending the challenge brought by Mylan Pharmaceuticals Inc., Teva Pharmaceuticals USA Inc. and a Cipla unit back to the Patent Trial and Appeal Board.
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September 23, 2025
Tylenol MDL In Spotlight After Trump Blasts Use In Pregnancy
The Trump administration's attack on the use of acetaminophen during pregnancy drew on the work of a Harvard expert whose analysis is central to a legal clash now before a federal appeals court. The president's broadside promises to energize plaintiffs.
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September 23, 2025
Feds, Military Officers Support Contractor In Vet Injury Suit
The U.S. government and senior military officers urged the U.S. Supreme Court to reject a veteran's attempt to revive state-based injury claims against a defense contractor, warning that doing so would disrupt military effectiveness and intrude into federal authority.
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September 23, 2025
9th Circ. Won't Upend Retrial Order In UPS Race Bias Suit
The Ninth Circuit backed a lower court's decision to order a new trial in a Black former UPS employee's race bias suit, saying Tuesday the district court didn't err when it determined that a $238 million jury verdict was tainted by misconduct from the worker's counsel.
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September 23, 2025
1st Circ. Revives Fired Airport Worker's Retaliation Suit
A First Circuit panel has reinstated a retaliation claim against a Massachusetts-based regional airline accused of wrongfully firing an injured worker several months after he reported his injury to Puerto Rico's workers' compensation program.
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September 23, 2025
Religious Orgs Ask DC Circ. To Revive Bid To Block ICE Raids
Christian and Jewish religious organizations urged the D.C. Circuit to vacate a denial of their preliminary injunction request to stop immigration raids on places of worship, arguing Monday their injuries caused by attendance drops are traceable to the "unprecedented assault on their religious exercise" by the Department of Homeland Security.
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September 23, 2025
Insurer Can Seek Reimbursement For $1M PIP Payments
A Michigan appellate panel on Monday affirmed a $1 million judgment for Farmers Insurance Exchange, finding it had the right to pursue reimbursement from another insurer after paying no-fault personal protection insurance benefits to an injured driver through a state-run claims program.
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September 23, 2025
DC Circ. Scraps OK Of $8.7M Equatorial Guinea Hospital Award
The D.C. Circuit Tuesday overturned enforcement of an $8.7 million arbitral award issued against Equatorial Guinea in a dispute over an ill-fated hospital operating contract, ruling that a lower court wrongly deferred to the arbitrators' interpretation of an ambiguous arbitration clause.
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September 23, 2025
FERC Urges Justices To Let Grid Incentive Ruling Stand
The Federal Energy Regulatory Commission urged the U.S. Supreme Court not to disturb its revocation of an incentive for power companies that are required to be members of a regional transmission organization.
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September 23, 2025
Neb. Tribe Seeking Kids' Remains Fights Army's Defense
A Native American tribe seeking to repatriate children's remains currently held on U.S. Army property told the Fourth Circuit on Tuesday that the federal government is misrepresenting the tribe's complaint by claiming the tribe improperly said it couldn't locate living relatives.
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September 23, 2025
9th Circ. Rejects Rehearing On Arizona Voting Restrictions
The Ninth Circuit has said it will not reconsider its decision that certain provisions of two Republican-backed Arizona voting laws violated federal law by requiring residents to provide proof of citizenship to vote by mail and in presidential elections.
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September 23, 2025
Fed Circ. Won't Rehear Dolby's Bid To Identify PTAB Party
The Federal Circuit on Tuesday denied Dolby Laboratories Licensing Corp.'s request for a panel rehearing or for the full circuit to hear its appeal of a Patent Trial and Appeals Board proceeding that it prevailed in but in which it claims not all interested parties were identified.
Editor's Picks
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How GOP Judges Teed Up 4th Circ.'s Supreme Court Shutout
No appeals court found the U.S. Supreme Court's latest term less endearing than the Fourth Circuit, where a supersize shutout accentuated a multiyear slump for the once-favored circuit and repeatedly vindicated conservative dissenters on the left-leaning bench.
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Circuit-By-Circuit Recap: Justices Send Message To Outliers
It was a tough term at the U.S. Supreme Court for two very different circuits — one solidly liberal, one solidly conservative — that had their rulings overturned in eye-popping numbers. But it was another impressive year for a relatively moderate circuit that appears increasingly simpatico with the high court.
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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.
Expert Analysis
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How Hyperlinks Are Changing E-Discovery Responsibilities
A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.
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11th Circ. Equitable Tolling Ruling Deepens Circuit Split
The Eleventh Circuit recently held that equitable tolling was unavailable to extend a deadline to object to discharge of debt, becoming the most recent circuit court decision to address this issue, and deepening a split that requires resolution by the U.S. Supreme Court, says Paul Avron at Berger Singerman.
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Tips As 6th Circ. Narrows Employers' Harassment Liability
In Bivens v. Zep, the Sixth Circuit adopted a heightened standard for employer liability for nonemployee harassment, which diverges from the prevailing view among federal appeals courts, and raises questions about how quickly employers must respond to third-party harassment and how they manage risk across jurisdictions, say attorneys at Benesch.
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Preserving Refunds As Tariffs Await Supreme Court Weigh-In
In the event that the U.S. Supreme Court decides in V.O.S. Selections v. Trump that the president doesn't have authority to levy tariffs under the International Emergency Economic Powers Act, importers should keep records of imports on which they have paid such tariffs and carefully monitor the liquidation dates, say attorneys at Butzel.
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How Justices' Ruling Upends Personal Jurisdiction Defense
The U.S. Supreme Court's recent decision in Fuld v. Palestinian Liberation Organization, holding that the Fifth Amendment's due process clause does not require a defendant to have minimum contacts with a forum, may thwart foreign defendants' reliance on personal jurisdiction to evade federal claims in U.S. courts, say attorneys at Axinn.
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'Occurrence' Lessons From Policyholder's COVID Ruling Win
The Minnesota Court of Appeals recently handed policyholders an important win in Life Time v. Zurich American Insurance, reversing a trial court ruling that had capped coverage under a communicable disease endorsement at a single occurrence, showing the importance of fact-specific inquiry, say attorneys at Hunton.
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9th Circ. Ruling Leaves SEC Gag Rule Open To Future Attacks
Though the Ninth Circuit's recent ruling in Powell v. U.S. Securities and Exchange Commission leaves the SEC's no-admit, no-deny rule intact, it could provide some fodder for litigants who wish to criticize the commission's activities either before or after settling with the commission, says Jonathan Richman at Brown Rudnick.
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Series
Writing Musicals Makes Me A Better Lawyer
My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.
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Diverging FAA Preemption Rulings Underscore Role Of Venue
Two recent rulings evaluating Federal Arbitration Act preemption of state laws — one from the California Supreme Court, upholding the state law, and another from a New York federal court, upholding the arbitration agreement — demonstrate why venue should be a key consideration when seeking to enforce arbitration clauses, say attorneys at Hollingsworth.
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A Reminder Of The Limits Of The SEC's Crypto Thaw
As the U.S. Securities and Exchange Commission's regulatory thaw has opened up new possibilities for tokenization projects, the Ninth Circuit's recent decision in SEC v. Barry that certain fractional interests are investment contracts, and thus securities, illustrates that guardrails remain via the Howey test, say attorneys at Skadden.
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Series
Adapting To Private Practice: From Va. AUSA To Mid-Law
Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.
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2 Fed. Circ. Rulings Underscore Patent Prosecution Pitfalls
Two recent patent decisions from the Federal Circuit, overturning significant judgments, serve as reminders that claim modifications and cancellations may have substantive effects on the scope of other claims, and that arguments distinguishing prior art and characterizing claims may also limit claim scope, say attorneys at Morgan Lewis.
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Conn. Ruling May Help Prevent Abuse Of Anti-SLAPP Statute
If the decision in Aguilar v. Eick, where the Connecticut Appellate Court held that the state's anti-SLAPP statute does not authorize the court to conduct an evidentiary hearing, is reconsidered by the state Supreme Court, it could provide an important mechanism for defendants to prevent plaintiffs from pleading around the reach of the statute, say attorneys at McCarter & English.
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How 5th Circ.'s NLRB Ruling May Reshape Federal Labor Law
The Fifth Circuit's recent SpaceX National Labor Relations Board decision undermines the agency's authority, but it does not immediately shut down NLRB enforcement, so employers and labor organizations should expect more litigation, more uncertainty and a possible U.S. Supreme Court showdown, say attorneys at Goldberg Segalla.
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Rebutting Price Impact In Securities Class Actions
Defendants litigating securities cases historically faced long odds in defeating class certification, but that paradigm has recently begun to shift, with recent cases ushering in a more searching analysis of price impact and changing the evidence courts can consider at the class certification stage, say attorneys at Katten.