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Appellate
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July 09, 2025
3M PFAS Suit Belongs In State Court, Conn. Tells 2nd Circ.
Connecticut is urging the Second Circuit to reject 3M Co.'s effort to move a state court lawsuit accusing the company of polluting the environment with forever chemicals contained in its consumer products to federal court.
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July 09, 2025
NJ Justices Disbar Fla. Atty For Misappropriating $100K
The New Jersey Supreme Court has disbarred a Florida attorney based on Disciplinary Review Board findings that she misappropriated more than $100,000 in client funds.
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July 09, 2025
10th Circ. Won't Rule On Immunity In Dental Dispute
The Tenth Circuit has declined to grant a dental products company immunity from a rival's defamation claims, saying it can't yet rule on the issue since the district court's denial of immunity did not turn on a legal question.
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July 09, 2025
Fed. Circ. Snubs Samsung's Bid To Ship Texas Patent Case
The Federal Circuit on Wednesday shot down Samsung's attempt to send to California a lawsuit claiming its products such as smartphones and tablets infringe a variety of Mullen Industries LLC patents, leaving in place Eastern District of Texas Judge Rodney Gilstrap's denial of the transfer bid.
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July 09, 2025
5 Years Ago, The McGirt Ruling Reshaped Tribal Jurisdiction
It was widely held for decades that Oklahoma had domain over criminal matters on tribal lands, but five years ago, the U.S. Supreme Court turned that regime on its head, finding 19th century federal treaties with the Creek Nation that formed its reservation are valid — and, in turn, reestablishing 45% of the Sooner State as Indian Country.
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July 09, 2025
7th Circ. Asks Ill. Justices To Mull Amazon COVID Pay Fight
The Seventh Circuit shipped to the Illinois Supreme Court a suit accusing Amazon of not paying workers for time spent in COVID-19 screenings, asking the state justices to sort out whether state law incorporates federal regulations for preshift activities.
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July 09, 2025
Top Dems Press EEOC On 'Shakedown' Of Major Law Firms
Top congressional Democrats are once again seeking information on the Trump administration's "shakedown" of major law firms over their past work and clients.
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July 08, 2025
Split 9th Circ. Axes Illegal Reentry-After-Removal Conviction
A split Ninth Circuit on Tuesday undid a Dominican man's conviction for unlawfully re-entering the U.S. after previously being removed, saying the federal government failed to prove he ever escaped border agents' surveillance near the U.S.-Mexico border.
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July 08, 2025
Breaking Down Stewart's Nonstop Discretionary Denial Orders
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart inundated the patent community in May and June with dozens of rulings altering the landscape of discretionary denials at the Patent Trial and Appeal Board. Here, Law360 goes through what you should know.
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July 08, 2025
Top Supreme Court Atty Touts AI Version Of Own Argument
You're not hallucinating — a tech-savvy U.S. Supreme Court advocate generated a near-facsimile of his voice, had an artificial intelligence chatbot use it to argue the same case he recently argued, and told Law360 on Tuesday that "many of its answers were as good or better than mine."
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July 08, 2025
5th Circ. Wary To Let Surety Stick Chevron With $11M Bill
A Fifth Circuit panel seemed skeptical of a surety company's argument that BP and Chevron need to pony up $11 million to pay for decommissioning costs, asking Tuesday what to do with contractual language that seemingly absolved them of having to pay that bill.
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July 08, 2025
Product Liability Cases To Watch In 2nd Half Of 2025
The fate of a $2.5 billion punitive damages award against Ford and looming bench verdicts in the first PFAS trials brought by a state are among the cases that product liability attorneys will be following closely in the second half of 2025.
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July 08, 2025
Split 9th Circ. Revives Journos' Hacking Suit Against NSO
A divided Ninth Circuit reinstated a lawsuit by El Salvadoran journalists alleging Israeli spyware maker NSO Group hacked their iPhones when covering human rights abuses, ruling Tuesday the California federal court abused its discretion when dismissing their suit based on its conclusion that the district wasn't the appropriate forum.
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July 08, 2025
Pot Smell May Be Hemp So No Probable Cause, 4th Circ. Told
A North Carolina man urged the Fourth Circuit on Monday to revive his challenge of a police officer's search of his car based on the smell of marijuana, saying the government is wrongly asserting the search was legal because there are legal forms of hemp with an indistinguishable odor.
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July 08, 2025
Trump, Iowa AG Back Florida's Push To Enforce Migrant Law
The Trump administration, the state of Iowa and the Immigration Reform Law Institute told the Eleventh Circuit they support Florida's push to enforce a law criminalizing the entry of unauthorized immigrants into the state, arguing the law isn't preempted by federal statutes.
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July 08, 2025
11th Circ. Rejects Fla. Jurisdiction In $17M Cheese Fraud Case
The Eleventh Circuit declined Tuesday to revive a lawsuit accusing Savencia Cheese USA LLC and its executives of fraudulently selling two Florida companies a worthless cheese distribution company for $17 million, finding that the presence of deal counsel in Miami is not enough to keep the suit in Florida federal court.
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July 08, 2025
Copter Pilot's Death Suit Revived By 4th Circ. After Rehearing
The Fourth Circuit has once again reinstated a lawsuit by the widow of a crop-dusting pilot whose helicopter became tangled in a steel cable stretched over the property, causing him to crash, ruling that a jury must be the one to decide whether the landlord should have known that the wire posed a danger, according to a published opinion issued Tuesday following a rehearing.
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July 08, 2025
8th Circ. Strikes Down FTC's Click-To-Cancel Rule
An Eighth Circuit panel on Tuesday vacated the Federal Trade Commission's planned "click-to-cancel" rule, which would have required companies to allow customers to ditch their subscriptions with a single click, finding that the commission did not follow the proper procedures once a judge determined the rule change would cost over $100 million.
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July 08, 2025
Teva Challenge To J&J Antipsychotic Patent Fails At Fed. Circ.
The Federal Circuit on Tuesday rejected Teva Pharmaceuticals USA Inc.'s challenge to the validity of claims in a Johnson & Johnson unit's patent covering a lucrative schizophrenia drug, disagreeing with the generic-drug maker that one of the patent's claims should be presumed obvious.
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July 08, 2025
VA Worker Can't Revive Scooter Storage Accommodation Suit
The Seventh Circuit upheld the U.S. Department of Veterans Affairs' defeat of a lawsuit claiming the agency unlawfully revoked a disabled employee's reserved parking space during the COVID-19 pandemic, saying the VA's offer of an alternative spot wasn't unreasonable just because he couldn't lock his mobility scooter overnight.
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July 08, 2025
Aviation Co. Asks Justices To Clarify TM Jury Trial Rights
A personal airplane manufacturer involved in a trademark dispute with a luxury charter-plane company has asked the U.S. Supreme Court to determine whether parties in infringement cases forfeit their right to a jury trial when seeking an accounting of profits as the monetary remedy instead of damages.
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July 08, 2025
Trump Tariff Fights Put Spotlight On Major Questions Doctrine
Challenges to President Donald Trump's global tariffs have brought renewed attention to the U.S. Supreme Court's major questions doctrine, including observations that lower courts have so far inconsistently applied this approach when scrutinizing a range of agency actions.
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July 08, 2025
Poultry Farm Urges NC Justices To Reject Animal Cruelty Case
A North Carolina poultry farm lambasted a chicken welfare group as allegedly seeking a "third bite at the proverbial apple" by petitioning the state's highest court to revive its animal cruelty case, saying the state's animal protection statute doesn't apply to commercial farmers.
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July 08, 2025
11th Circ. Asked To Rehear Carnival Cruise Sex Assault Case
A teenage passenger has urged the Eleventh Circuit to reconsider its ruling absolving Carnival Corp. of liability for her onboard sexual assault, arguing that the cruise line knew of over 100 prior passenger-on-passenger assaults but failed to take simple steps like implementing curfews or adding security to protect minors.
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July 08, 2025
4th Circ. Revives Medical Device Co.'s Claim In Contract Suit
The Fourth Circuit on Tuesday revived a medical device maker's breach of contract claim alleging a company it hired to manage its patents globally overcharged for services, sending the case back to a Virginia federal court.
Expert Analysis
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A Pattern Emerges In Justices' Evaluation Of Veteran Statute
The recent Soto v. U.S. decision that the statute of limitations for certain military-related claims does not apply to combat-related special compensation exemplifies the U.S. Supreme Court's view, emerging in two other recent opinions, that it is a reviewing court's obligation to determine the best interpretation of the language used by Congress, says attorney Kenneth Carpenter.
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Fed. Circ. In May: Evaluating Opportunistic Trademark Filings
The Federal Circuit's decision last month in the "US Space Force" trademark case gives the Trademark Trial and Appeal Board additional clarity when working through opportunistic trademark filings, particularly when the mark's value is primarily due to the potential value of a false connection, say attorneys at Knobbe Martens.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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Drawbacks For Taxpayers From Justices' Levy Dispute Ruling
The Supreme Court's June decision in Commissioner v. Zuch, holding the Tax Court lacks jurisdiction to resolve disputes where the IRS has stopped pursuing a levy, may require taxpayers to explore new tactics for mitigating the increased difficulty of appealing their liability via collection due process hearings, says Matthew Roberts at Meadows Collier.
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In NRC Ruling, Justices Affirm Hearing Process Still Matters
The U.S. Supreme Court's decision in Nuclear Regulatory Commission v. Texas safeguards the fairness, clarity and predictability of the regulatory system by affirming that to challenge an agency's decision in court, litigants must first meaningfully participate in the hearing process that Congress and the agency have established, says Jonathan Rund at the Nuclear Energy Institute.
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What Baseball Can Teach Criminal Attys About Rule Of Lenity
Judges tend to assess ambiguous criminal laws not unlike how baseball umpires approach checked swings, so defense attorneys should consider how to best frame their arguments to maximize courts' willingness to invoke the rule of lenity, wherein a tie goes to the defendant, says Jonathan Porter at Husch Blackwell.
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Tips For Litigating Apex Doctrine Disputes Amid Controversy
Litigants once took for granted that deposition requests of high-ranking corporate officers required a greater showing of need than for lower-level witnesses, but the apex doctrine has proven controversial in recent years, and fights over such depositions will be won by creative lawyers adapting their arguments to this particular moment, say attorneys at Hangley Aronchick.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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9th Circ. Ruling Is Turning Point For Private Funds In 401(k)s
The Ninth Circuit's decision in Anderson v. Intel reinforces that the Employee Retirement Income Security Act's duty of prudence permits fiduciaries to use private market assets in diversified funds, yet it also exposes the persistent litigation and regulatory uncertainties that continue to temper wider adoption in 401(k) plans, say attorneys at Debevoise.
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Perspectives
Justices' Sentencing Ruling Is More Of A Ripple Than A Wave
The U.S. Supreme Court’s decision last week in Esteras v. U.S., limiting the factors that lower courts may consider in imposing prison sentences for supervised release violations, is symbolically important, but its real-world impact will likely be muted for several reasons, say attorneys at Perkins Coie.
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DOJ Atty Firing Highlights Tension Between 2 Ethical Duties
The U.S. Department of Justice's recent firing of a prosecutor-turned-whistleblower involved in the Abrego Garcia v. Noem case illustrates the tricky balancing act between zealous client advocacy and a lawyer’s duty of candor to the court, which many clients fail to appreciate, says David Atkins at Yale Law School.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Trade In Limbo: The Legal Storm Reshaping Trump's Tariffs
In the final days of May, decisions in two significant court actions upended the tariff and trade landscape, so until the U.S. Supreme Court rules, businesses and supply chains should expect tariffs to remain in place, and for the Trump administration to continue pursuing and enforcing all available trade policies, say attorneys at Ice Miller.
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Shareholder Takeaways From NY Internal Affairs Doctrine Suit
A May New York Court of Appeals decision in Ezrasons v. Rudd involving Barclays — affirming the state's "firmly entrenched" internal affairs doctrine — is a win for all corporate stakeholders seeking stability in resolving disputes between shareholders and directors and officers, say attorneys at Sadis & Goldberg.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.