Appellate

  • June 27, 2025

    Justices Back Task Force That Sets ACA Care Requirements

    The U.S. Supreme Court ruled Friday that the U.S. Department of Health and Human Services' secretary had authority over a preventive care task force, rejecting a constitutional challenge to an Affordable Care Act clause that requires health insurers to cover certain treatments at no cost to patients.

  • June 27, 2025

    Justices Limit Universal Injunctions But Defer On Citizenship

    The U.S. Supreme Court ruled Friday that President Donald Trump can partially implement his executive order aimed at limiting birthright citizenship, in a ruling that significantly limits the ability of federal district court judges to issue nationally applicable orders against presidential edicts and policy initiatives.

  • June 26, 2025

    NY Court Suppresses Evidence Due To Cannabis Law Change

    A man's guilty plea to possessing cocaine was vacated Thursday after a New York appeals court allowed suppression of evidence gleaned from a police search prompted by a cannabis smell, because the state barred this exact practice days after his indictment.

  • June 26, 2025

    Flaws In Expert Report Doom Mass. Suit Over Patient's Death

    A Massachusetts appellate court on Thursday affirmed the dismissal of a medical malpractice suit blaming a physician assisting on a gastric sleeve surgery for the patient's death, saying the plaintiff's expert failed to identify the relevant standard of care for the assisting doctor.

  • June 26, 2025

    Movie Cos. Ask 10th Circ. To Redo 'Inconsistent' Labor Ruling

    Two Hallmark-contracted movie studios asked the Tenth Circuit to rehear a claim from the National Labor Relations Board that the studios violated federal labor laws by refusing to rehire striking employees, calling the previous panel opinion both "inconsistent" and "confusing at best."

  • June 26, 2025

    Ga. Appeals Court Reverses Sanctions In Sinkhole Fight

    The Georgia Court of Appeals has reversed a trial court's decision to strike the complaint of a property owner over discovery violations in a fight over a sinkhole, ruling that Peachtree Renaissance Property LLC was not given a fair hearing before the sanctions were handed down.

  • June 26, 2025

    Fla. Lawyers Suspended For Online Criticism Of Judge

    Florida's high court on Thursday approved a one-month suspension for a father-daughter team of attorneys for their online comments criticizing a judge who reversed a $2.75 million jury verdict in favor of a doctor who sued for discrimination, finding that there were also mitigating factors in the attorneys' cases.

  • June 26, 2025

    Immigrants Tell 1st Circ. DHS Can't Justify Parole Program Ax

    A class of nearly 500,000 immigrants from Cuba, Haiti, Nicaragua and Venezuela told the First Circuit on Wednesday that the Trump administration can't show that a Massachusetts federal judge abused her discretion in blocking the government's rescission of temporary Biden-era removal protections.

  • June 26, 2025

    Ex-Trump Atty Chesebro Disbarred In NY For Fake Elector Plot

    President Donald Trump's former attorney Kenneth Chesebro, the so-called "architect" in the plot to use fake electors to overturn Georgia's 2020 election results, has been disbarred from practicing law in the state of New York, according to a unanimous decision issued on Thursday. 

  • June 26, 2025

    Mass. Court Lets Man Try Again To Escape Ankle Monitor

    A convicted rapist in Massachusetts who spent nearly 16 years in prison will get a second shot at challenging how long he must wear a GPS monitor now that he's been released, after a state appellate court on Thursday ruled a lower court did not properly weigh his constitutional rights.

  • June 26, 2025

    Wash. High Court Says State CBAs Are Private Until Funded

    The agency that negotiates Washington state employees' union contracts can reject public records requests for bargaining-related documents until the contracts are finalized and funded, the Washington Supreme Court held in an 8-1 vote Thursday, upholding a Washington Court of Appeals decision.

  • June 26, 2025

    SMU Law Professor's Tenure Suit Partly Revived By 5th Circ.

    The Fifth Circuit on Wednesday partially revived a former Southern Methodist University law professor's suit over the denial of her tenure application following a ruling last month by the Texas Supreme Court.

  • June 26, 2025

    5th Circ. Revives Biz Records Law, Citing Review Safeguard

    The Fifth Circuit on Thursday tossed a permanent injunction blocking a Texas statute requiring businesses to immediately comply with the state's demand to examine business records, saying the Texas Supreme Court recently "harmonized" the law in a way that addresses Spirit AeroSystems Inc.'s constitutional challenge.

  • June 26, 2025

    Del. Justices Mull New Appeal In $1.5B Pipeline Co. Cashout

    An attorney for cashed-out minority unitholders of Boardwalk Pipeline Partners LP urged Delaware's Supreme Court to consider whether a controlling investor's interests "subverted" a crucial attorney fairness opinion used to justify a 2018, $1.5 billion deal that took the company private.

  • June 26, 2025

    6th Circ. Backs Mich. Newborn Blood Testing Program

    A Sixth Circuit panel reversed a win for a group of parents challenging a Michigan newborn health screening program, finding that the way blood samples are stored and used in the program does not violate the parents' right to make medical decisions for their children.

  • June 26, 2025

    10 Years Later: Obergefell Attorneys, In Their Own Words

    Marking the decade anniversary of the Obergefell opinion, Law360 asked the attorneys who argued the case at the Supreme Court what it was like being at the center of such a monumental case, how a ruling favoring same-sex marriage changed the legal landscape over the past decade, and the remaining legal appetite to overturn it.

  • June 26, 2025

    No Work Needed For Military Leave Pay, Wash. Justices Say

    Washington state public employees are entitled to paid military leave even if they are not scheduled to work because they are on active duty during an extended military leave of absence, the state's Supreme Court ruled Thursday, saying the state's paid military leave statute is unambiguous.

  • June 26, 2025

    Ga. Panel Affirms $6.5M Verdict, $1.8M Fees Over Brain Injury

    A Georgia appellate panel said Thursday that a woman who said she was left permanently disabled while recovering from knee replacement surgery can keep her $6.5 million verdict, along with $1.8 million in attorney fees, ruling that neither award was unreasonable in the medical malpractice suit.

  • June 26, 2025

    2nd Circ. Won't Void Aerospace Co.'s $5M Hedge Fund Loan

    The Second Circuit has said a New York federal judge was correct in rejecting aerospace company Xeriant's bid to void a $5 million loan deal with Auctus Fund LLC, ruling that while the hedge fund was not registered with the U.S. Securities and Exchange Commission as a dealer, the contract didn't obligate it to do so.

  • June 26, 2025

    Seattle Jan. 6 Cops Again Ask Justices To Shield Identities

    Four current and former Seattle police officers who attended the Jan. 6, 2021, "Stop the Steal" insurrection have again asked the U.S. Supreme Court for an emergency stay to prevent the public release of their names after an initial denial from the high court, saying the justices have two days to act.  

  • June 26, 2025

    Calif. Judge Rejects CoStar, CREXi's Early Win Bids In IP Row

    A California federal judge has rejected cross partial summary judgment bids made by property listing rivals CoStar Group Inc. and Commercial Real Estate Exchange Inc. in CoStar's copyright infringement suit against CREXi, which is accused of stealing nearly 50,000 CoStar commercial real estate images.

  • June 26, 2025

    9th Circ. Rejects Amazon's Bid To Claw Back Antitrust Docs

    A Ninth Circuit panel has summarily refused to reverse a Washington federal court ruling that rejected Amazon's bid to claw back documents inadvertently produced in a trio of proposed antitrust class actions.

  • June 26, 2025

    Pa. Panel Says Fla. Law Applies In Fatal Plane Crash Suit

    A Pennsylvania appeals court has found that Florida strict liability law applies in a suit alleging a defective engine led to a plane crash that killed two people, saying the Sunshine State has more ties and a bigger interest in the case than Pennsylvania.

  • June 26, 2025

    Trump 2.0's First Group Of Judicial Noms Goes To Full Senate

    The first batch of judicial nominations from President Donald Trump's second term were sent to the Senate floor on Thursday, as they were voted out of committee along party lines.

  • June 26, 2025

    Fed. Circ. Pushed To Rethink Part Of Samsung Win In IP Row

    The owner of a patent on stylus detection technology wants the Federal Circuit to rethink part of a May panel decision handing Samsung a win in a challenge to the patent, saying the court should instead affirm part of a Patent Trial and Appeal Board in its favor.

Expert Analysis

  • Home Depot Ruling Tolls Death Knell For 'Silent Cyber'

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    The Sixth Circuit's recent ruling that Home Depot's insurers did not have to cover costs from a data breach hammered one more nail in the coffin of silent cyber, where coverage is sought under standard property or commercial general liability policies that were not intended to insure cyberattack claims, say attorneys at Zelle.

  • Series

    Improv Makes Me A Better Lawyer

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    Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.

  • How BigLaw Executive Orders May Affect Smaller Firms

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    Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.

  • Texas Case Shows Why Juries Are Well-Suited To COVID Suits

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    The original jury verdict in Baylor College of Medicine v. Lloyd's, currently on appeal to the Texas Supreme Court after being overturned by an appellate panel, illustrates why COVID-19 business interruption claims with their case-specific facts need to be decided by juries, not by judges using a one-size-fits-all approach, says Jeremy Lawrence at Farella Braun.

  • Filial Consortium Claims' Future After Conn. High Court Ruling

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    While the Connecticut Supreme Court recently ruled for defendants in rejecting parents’ attempt to recover loss of companionship damages in a severe child injury case, there is still potential for the plaintiffs bar to lobby for a law that would allow filial consortium claims, Glenn Coffin at Gordon Rees.

  • 4th Circ. Health Data Ruling Opens Door To State Law Claims

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    In Real Time Medical v. PointClickCare, the Fourth Circuit recently clarified that state law claims can rest in part on violations of a federal law that prohibits electronic health information blocking, expanding legal risks for health IT companies and potentially creating exposure to a range of competitive implications, say attorneys at BCLP.

  • Opinion

    Lawsuits Shouldn't Be Shadow Assets For Foreign Capital

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    Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • 2 Del. Rulings Reinforce Proof Needed For Records Demands

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    Two recent Delaware Court of Chancery decisions involving Amazon and Paramount Global illustrate the significance of the credible basis standard on books and records requests, underscoring that stockholders seeking to investigate wrongdoing must come forward with actual evidence of misconduct — not mere allegations, say attorneys at Cleary.

  • How To Accelerate Your Post-Attorney Career Transition

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    Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.

  • Series

    Law School's Missed Lessons: Be An Indispensable Associate

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    While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.

  • Series

    Birding Makes Me A Better Lawyer

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    Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.

  • Justices May Clarify What IP Competitors In Litigation Can Say

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    If the U.S. Supreme Court agrees to weigh in on Atturo Tire v. Toyo Tire, it may be able to provide guidance on the murky questions surrounding what companies enforcing their intellectual property against competitors are allowed to say in public, say attorneys at Ballard Spahr.

  • How Del. Law Rework Limits Corporate Records Requests

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    Newly enacted amendments to a section of the Delaware General Corporation Law that allows stockholders and beneficial owners to demand inspection of Delaware corporations' books and records likely curtails the scope of such inspections and aids defendants in framing motions to dismiss at the pleading stage, says Jonathan Richman at Brown Rudnick.

  • A Recurring Atty Fee Question Returns To Texas High Court

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    As the Texas Supreme Court is poised to decide if it will once again address — in Maciejack v. City of Oak Point — when a party must segregate attorney fees it seeks to recover, litigators would be wise to contemporaneously classify fees as either recoverable or unrecoverable, say attorneys at Munck Wilson.

  • Alien Enemies Act Case Could Reshape Executive Power

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    President Donald Trump’s invocation of the Alien Enemies Act to deport Venezuelan nationals raises fundamental questions about statutory interpretation, executive power and constitutional structure, which now lay on the U.S. Supreme Court's doorstep, says Mauni Jalali at Quinn Emanuel.

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