Appellate

  • 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.

  • June 26, 2025

    Court Allows NASCAR To Subpoena Nonparty Financial Docs

    A North Carolina federal judge will allow NASCAR to subpoena the financial records of 12 chartered racing teams to defend itself in a lawsuit that accuses the organization of antitrust violations, but left safeguards in place.

  • June 26, 2025

    4th Circ. Clears Cab Guard Seller In Trucker's Death Suit

    The Fourth Circuit won't revive a suit by the brother of a deceased truck driver alleging a cab guard intended to protect the truck's driver from its cargo failed, leading to his death, finding there is only speculative evidence that the defendant distributor ever had or sold the guard in question.

  • June 26, 2025

    Justices Expand Reach Of First Step Act In Resentencings

    The U.S. Supreme Court ruled Thursday that defendants can benefit from lighter sentences under the First Step Act if they were sentenced prior to the 2018 criminal justice reform law but later resentenced after their original sentences were tossed.

  • June 26, 2025

    Justices Say DHS Orders Final In Withholding-Removal Cases

    The U.S. Supreme Court held Thursday that the 30-day statutory deadline for challenging deportation orders in withholding of removal cases starts when the U.S. Department of Homeland Security issues a final administrative review order, not when Board of Immigration Appeals proceedings conclude.

  • June 26, 2025

    Justices Allow Texas Death Row Inmate's DNA Suit

    The U.S. Supreme Court on Thursday said a Texas death row inmate can sue state officials in federal court to try to obtain post-conviction DNA testing, a decision that could open the door to broader challenges to how Texas provides access to forensic evidence after conviction.

  • June 26, 2025

    Justices Say SC Medicaid Patient Can't Sue To Pick Provider

    The U.S. Supreme Court on Thursday ruled that a patient can't challenge South Carolina's decision to kick Planned Parenthood from the state Medicaid program because it includes abortions among its services.

  • June 25, 2025

    TCPA Litigants Brace For 'Seismic Shift' After Deference Blow

    The U.S. Supreme Court's backing of broad judicial review for the crush of regulatory orders interpreting the Telephone Consumer Protection Act is poised to turn the litigation landscape on its head, as key statutory determinations that have long been viewed as settled matters are suddenly ripe for scrutiny. 

  • June 25, 2025

    Ill. Appeals Court Won't Undo Biometric Privacy Class Cert.

    An Illinois state appeals court has refused to disturb a lower court's order certifying a class of employees suing over time clocks that scanned and used their biometric information, ruling that the common claim in the case presents a question that "is suitable for, if not demanding of, class-wide resolution."

  • June 25, 2025

    Fed. Circ. Keeps Qualcomm, Apple IP Suit In Texas

    The Federal Circuit rejected a petition from Qualcomm and Apple challenging U.S. District Judge Alan Albright's refusal to transfer patent litigation against the two tech giants from Texas to California, saying the companies hadn't met the "demanding standard" to show a "clear abuse" of discretion by the judge.

  • June 25, 2025

    4th Circ. Won't Revive Honduran's Bid To Cancel Removal

    The Fourth Circuit rejected a Honduran national's claim that the Executive Office of Immigration Review's unlawfully delayed granting his application for cancellation of removal, saying no binding policy requires the agency to act within a certain time frame. 

  • June 25, 2025

    Full Fed. Circ. Won't Review ITC Marketing Decision

    The full Federal Circuit on Wednesday rejected the U.S. International Trade Commission's call to reconsider a panel's holding that sales, marketing and similar expenditures can satisfy domestic industry requirements.

  • June 25, 2025

    11th Circ. Backs Conviction In Bank Reporting Evasion Case

    The Eleventh Circuit on Wednesday upheld the conviction of a man accused of trying to prevent regulators from learning about his large withdrawals from Wells Fargo accounts, rejecting his claims that prosecutors charged him with one offense but tried him for another.

  • June 25, 2025

    Ga. High Court Allows Reviews Of Non-Capital Murder Cases

    The Georgia Supreme Court has ruled that it will retain the authority to exclusively hear appeals of non-death penalty murder cases, bypassing a need for the lower Georgia State Court of Appeals to weigh in.

  • June 25, 2025

    Fed. Circ. Affirms Dismissal Of Navy Lab Contract Claims

    A company tapped to build a Naval Surface Warfare Center lab in Maryland failed to show that a contract appeals board erred when it dismissed two of the company's claims stemming from the $11 million project, a Federal Circuit panel ruled Wednesday.

  • June 25, 2025

    2nd Circ. Blocks Reed Smith Doc Turnover Order In Eletson Row

    The Second Circuit on Wednesday granted Reed Smith LLP's emergency motion to stay a Manhattan federal judge's order to turn over client files amid a conflict over the legitimate ownership of international shipping company Eletson, which is in a dispute with competitor Levona.

Expert Analysis

  • Series

    Adapting To Private Practice: From SEC To BigLaw

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    As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.

  • How Fed. Circ. Ruling Complicates Patent Infringement Cases

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    The Federal Circuit's decision last month in Kroy IP Holdings v. Groupon may make defending patent infringement claims more challenging, time-consuming and expensive — but it has also complicated similar patent infringement proceedings involving the same patents and their appeals, say attorneys at Norton Rose.

  • The Revival Of Badie Arbitration Suits In Consumer Finance

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    Plaintiffs have recently revived a California appellate court's almost 30-year-old decision in Badie v. Bank of America to challenge arbitration requirements under the Federal Arbitration Act, raising issues banks and credit unions in particular should address when amending arbitration provisions, say attorneys at Orrick.

  • Making The Case For Rest In The Legal Profession

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    For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.

  • 1st Circ. IMessage Ruling Illustrates Wire Fraud Circuit Split

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    The First Circuit’s recent decision that text messages exchanged wholly within Massachusetts but transmitted by the internet count as interstate commerce spotlights a split in how circuits interpret intrastate actions under the federal wire fraud statute, perhaps prompting U.S. Supreme Court review, say attorneys at ArentFox Schiff.

  • 4 Ways Women Attorneys Can Build A Legal Legacy

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    This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.

  • Justices' Revival Ruling In Bias Suit Exceeds Procedural Issue

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    The U.S. Supreme Court's recent ruling in Waetzig v. Halliburton allowed the plaintiff in an age discrimination lawsuit to move to reopen his case after arbitration, but the seemingly straightforward decision on a procedural issue raises complex questions for employment law practitioners, says Christopher Sakauye at Dykema.

  • Cleanup Claim Characterization Key For Timeliness Inquiry

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    The Tenth Circuit's recent ruling in Atlantic Richfield Co. v. NL Industries, determining that ARCO's contribution claim was timely, highlights the importance of accurately characterizing a claim for recoupment of environmental cleanup costs as a cost-recovery action or contribution to avoid dismissal or recharacterization of the claim, say attorneys at Spencer Fane.

  • A Judge's Pointers For Adding Spice To Dry Legal Writing

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    U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.

  • A Closer Look At Money Laundering Sentencing Issues

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    Federal money laundering cases are on the rise, often involving lengthy prison sentences for defendants who have little to no criminal history, but a closer look at the statistics and case law reveal some potentially valuable arguments that defense attorneys should keep in their arsenal, says Sarah Sulkowski at Gelber & Santillo.

  • Justices Likely To Issue Narrow Ruling In $1.3B Award Dispute

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    After last week's argument in Devas v. Antrix, the Supreme Court appears likely to reverse the holding that minimum contacts are required before a federal court may exercise personal jurisdiction over a foreign state and remand the case for further litigation on other important constitutional questions, say attorneys at Cleary. 

  • Pleading Rules At Stake In High Court Hamas Banking Case

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    While a case between victims of Hamas terrorist attacks and a Lebanese bank, recently argued before the U.S. Supreme Court, appears to ask a narrow question of which civil procedure rules apply to requests to reopen final judgments, how the justices rule could drastically change pleading strategies for future plaintiffs, say attorneys at Dorsey & Whitney.

  • What's At Stake In High Court Transgender Care Suit

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    The outcome of U.S. v. Skrmetti will have critical implications for the rights of transgender youth and their access to gender-affirming care, and will likely affect other areas of law and policy involving transgender individuals, including education, employment, healthcare and civil rights, say attorneys at ArentFox Schiff.

  • Considerations As Trump Admin Continues To Curtail CFPB

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    Recent sweeping moves from the Consumer Financial Protection Bureau's new leadership have signaled a major shift in the agency's trajectory, and regulated entities should prepare for broader implications in both the near and long term, say attorneys at Pryor Cashman.

  • 6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'

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    The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.

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