Appellate

  • July 07, 2025

    Pittsburgh Post-Gazette Says NLRB Can't Dictate Business

    The publisher of the Pittsburgh Post-Gazette told the Third Circuit Monday that the National Labor Relations Board was impermissibly dictating business decisions for the struggling newspaper when it ruled the paper's contract proposals were unacceptable and made in bad faith.

  • July 07, 2025

    Ioengine Wants Fed. Circ. To Rethink IPR Estoppel Ruling

    Ioengine LLC on Monday urged the Federal Circuit to rethink a panel's decision backing a jury's invalidation of its flash drive patents for being publicly available, saying the decision would upend a balance meant to protect patent owners against repetitive legal attacks.

  • July 07, 2025

    11th Circ. Backs Fla. County In Firing Over Anti-Gay Blog

    The Eleventh Circuit has affirmed a lower court decision tossing a lawsuit brought by a former Miami-Dade County communications aide who was fired for authoring a transphobic and anti-gay blog post, ruling the county's interest in effectively fulfilling its responsibilities outweighed the aide's free speech rights.

  • July 07, 2025

    Progressive Gets Car Value Class Cert. Overturned At 3rd Circ.

    The Third Circuit on Monday reversed a lower court's decision to certify classes of Pennsylvania drivers who accuse Progressive Insurance units of breaching their contracts by systematically underestimating the actual cash value of their totaled cars, finding that the lower court misapplied the standard to determine whether common issues predominate.

  • July 07, 2025

    Biggest Illinois Decisions Of 2025 So Far: A Midyear Report

    State and federal courts have handed down rulings in Illinois cases so far this year that have clarified standing for data breach actions in the state's courts, affirmed coverage for attorney fees and costs paid as part of a settlement, and deemed insufficient a jury instruction frequently given in Illinois personal injury cases. Here's a breakdown of some of the biggest decisions courts have handed down in Illinois cases so far in 2025.

  • July 07, 2025

    Personal Injury & Med Mal Cases To Watch In 2nd Half Of 2025

    The social media addiction multidistrict litigation against the biggest tech companies and a U.S. Supreme Court case regarding state medical malpractice lawsuit requirements are among the cases injury and malpractice attorneys will be following closely in the second half of 2025.

  • July 07, 2025

    Fed. Circ. Ponders If PTAB Developments Save 'Veto' Rule Suit

    A Federal Circuit judge wondered Monday if developments concerning the U.S. Patent and Trademark Office director's discretionary denial process could breathe new life into advocacy groups' fight for a "veto" for small business patent owners defending themselves at the Patent Trial and Appeal Board. 

  • July 07, 2025

    11th Circ. Backs UBS' $6.5M Arbitration Win

    The Eleventh Circuit has rejected a Puerto Rican man's bid to vacate a roughly $6.5 million arbitration award given to UBS Financial Services Inc. that stems from a long-running account contract dispute, finding there was no misconduct in the proceedings.

  • July 07, 2025

    4th Circ. Revives SC Builder's Bid For Condo Repair Coverage

    A Charleston builder will get a second chance at recouping the money it spent repairing a condo complex that flooded after the Fourth Circuit on Monday partially vacated a pretrial win favoring its insurer, finding there are still unanswered questions about whether certain costs might be covered under its policy.

  • July 07, 2025

    Feds Tell 9th Circ. Ayahuasca Church Not Owed $2M In Fees

    Federal officials told the Ninth Circuit on Monday that a Phoenix-based church that reached an agreement with the government to use the psychedelic ayahuasca in religious ceremonies was not entitled to more than $2 million in attorney fees.

  • July 07, 2025

    Mich. Top Court Won't Hear COVID-19 Immunity Appeal

    A split Michigan Supreme Court has decided to leave in place an appellate panel's ruling that a state pandemic-response law shields a hospital from malpractice and negligence claims brought by a woman who was admitted for COVID-19-related stress, with dissenting justices saying they have concerns with the lower court's rationale.

  • July 07, 2025

    Texas Appeals Court Finds $50M Dubai Judgment Was Unfair

    A Texas appeals court has found that a $50 million judgment issued by a United Arab Emirates court system against executives who allegedly fled the country after committing fraud could not stand under state law, saying the UAE court system never provided the executives adequate notice.

  • July 07, 2025

    EPA, Enviro Orgs. Fight Over 'Big Bill's' Impact On Funding Case

    Green groups fighting to reclaim grant funding frozen by the U.S. Environmental Protection Agency asked the D.C. Circuit on Monday to reject the agency's argument that Congress's recent tax and policy bill means their lawsuit should be dismissed.

  • July 07, 2025

    8th Circ. Won't Rehear ND Tribe's Voting Rights Dispute

    The Eighth Circuit won't rehear a bid by two North Dakota tribes to overturn its decision that vacated their challenge to two of the state's voting laws after the panel found that provisions of the Voting Rights Act don't give private citizens the right to sue over dilution claims.

  • July 07, 2025

    Crypto Group, Treasury Drop 11th Circ. Tornado Cash Case

    Crypto think tank Coin Center Inc. and the U.S. government have ended their battle over the Biden-era blacklisting of Tornado Cash now that the U.S. Treasury Department has removed the crypto mixing service from its list of blocked entities and a federal judge has deemed the designation unlawful.

  • July 07, 2025

    Split 5th Circ. Upholds Block Of Texas' Migrant Arrest Law

    A split Fifth Circuit panel left intact a district court order blocking the enforcement of a Texas law that allows state officials to arrest people suspected of crossing the border unlawfully and empowers local judges to order their removal.

  • July 07, 2025

    Newark Property Buyer Wins Appeal Over Axed $32.8M Sale

    A New Jersey appellate panel on Monday upheld a trial court's ruling that a real estate investment firm properly terminated its $32.8 million purchase agreement for a mixed-use building in Newark after receiving a noncompliant estoppel certificate from one of the tenants, rejecting the seller's argument that the certificate's deficiencies were immaterial.

  • July 07, 2025

    Mich. Justices Say PIP Claims Can Be Revived After Transfer

    Michigan's highest court has determined that those who transfer legal claims over personal injury protection benefits to third parties may still be able to pursue those claims in court if they are later transferred back, ruling against Progressive and a public transit authority.

  • July 07, 2025

    Energy Co. Says $7.6M Award Result Of 'Classic' Contract Law

    An energy company that ended a contract with a Houston Ship Channel facility over a lack of dock space is asking an appeals court to back its $7.6 million award, writing that the lack of availability was a clear violation of its original agreement.

  • July 07, 2025

    Biggest Enviro Cases To Watch In 2025: Midyear Report

    Law360 previews the lawsuits environmental attorneys will be watching closely during the second half of 2025, including the Trump administration's challenge to states' efforts to slow climate change, a lawsuit seeking to continue federal funding for climate change projects and product liability cases over forever chemicals in consumer goods.

  • July 07, 2025

    Non-Attys Eyed To Tackle Civil Justice Gap In Ga. Pilot

    A Georgia Supreme Court committee has proposed the state start a pilot program to train non-attorneys to handle some legal tasks in evictions and other housing cases and consumer-debt matters, saying this "'assisted pro se' model" would improve rural and low-income people's access to civil legal services.

  • July 07, 2025

    Fed. Circ. Affirms Cisco's Defeat Of $371M Patent Suit

    The Federal Circuit on Monday declined to revive software company Egenera's $371 million patent lawsuit against Cisco, affirming lower court findings that the communications giant didn't infringe.

  • July 07, 2025

    8th Circ. Says Hartford Must Pay Before Chubb In Crash Case

    A Chubb insurer does not have to split the responsibility of an underlying $2 million wrongful death settlement with a Hartford unit, the Eighth Circuit has ruled, finding that the Hartford unit's commercial auto policy should pay first since the Chubb policy specifically stated that it was excess over all other insurance.

  • July 07, 2025

    Latham Lawyer Joins Jenner & Block's DC Appellate Practice

    A former Latham & Watkins LLP appellate attorney, who spent close to four years at the firm working with complex constitutional and regulatory matters on behalf of technology and entertainment companies, has moved to Jenner & Block LLP, the firm announced Monday.

  • July 07, 2025

    Texas AG Paxton Drops Appeal Of $6.7M Whistleblower Award

    The Texas attorney general's office has abandoned its appeal of a $6.68 million judgment awarded to a group of former deputies to Attorney General Ken Paxton who say they were fired in retaliation for reporting alleged abuses of office to the FBI.

Expert Analysis

  • Seven County Ruling Should Trim Agency Enviro Analysis

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    The U.S. Supreme Court's ruling in Seven County Infrastructure Coalition v. Eagle County provides needed clarity for infrastructure projects by expressly directing agencies to narrow environmental reviews, and reducing the threat of litigation if even tangential issues are not exhaustively evaluated, say attorneys at Dentons.

  • Series

    Running Marathons Makes Me A Better Lawyer

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    After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.

  • High Court Ruling Bucks Trend Of Narrowing Fraud Theories

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    The U.S. Supreme Court’s recent Kousisis v. U.S. decision, holding that economic loss is not required to establish prosecutors’ fraudulent inducement theory of fraud, is at odds with its decadeslong narrowing of federal fraud statutes’ reach, and may lead to convictions for a wide variety of contractual misrepresentations, say attorneys at Keker Van Nest.

  • High Court Order On Board Firings Is Cold Comfort For Fed

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    The U.S. Supreme Court’s recent Trump v. Wilcox order, upholding the firings of two independent agency board members during appeal, raises concerns about the future of removal protections for Federal Reserve System members, and thus the broader politicization of U.S. monetary policy, say attorneys at Squire Patton.

  • Series

    Law School's Missed Lessons: Supporting A Trial Team

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    While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.

  • Google Damages Ruling May Spur Income Approach Usage

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    The Federal Circuit's recent decision in EcoFactor v. Google may affect the extent to which damages experts apply the market approach in patent infringement matters, and income approach techniques may assume greater importance, says Erin Crockett at Charles River Associates.

  • Opinion

    Address Nationwide Injunction Issues With Random Venues

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    Many of the qualms about individual district court judges' authority to issue nationwide injunctions could be solved with a simple legislative solution: handling multiple complaints about the same agency action filed in different district courts by assigning a venue via random selection, says Harvey Reiter at Stinson.

  • Series

    Adapting To Private Practice: From US Attorney To BigLaw

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    When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.

  • 11th Circ. Ruling Warns Parties To Follow Arbitral Rules

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    The Eleventh Circuit's recent decision in Merritt Island Woodwerx v. Space Coast is important for companies utilizing arbitration clauses because it clearly demonstrates the court's intent to hold noncompliant parties responsible in federal court — regardless of subsequent efforts to cure, says Ed Mullins at Reed Smith.

  • 2nd Circ. Limits VPPA Liability, But Caveats Remain

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    The Second Circuit's narrowed scope of the Video Privacy Protection Act in Solomon v. Flipps Media, in which the court adopted the ordinary person standard, will help shield businesses from VPPA liability, but the decision hardly provides a free pass to streamers and digital media companies utilizing website pixels, say attorneys at Frankfurt Kurnit.

  • The Ins And Outs Of Consensual Judicial References

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    As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury.

  • SpaceX Labor Suit May Bring Cosmic Jurisdictional Shifts

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    The National Mediation Board's upcoming decision about whether SpaceX falls under the purview of the National Labor Relations Act or the Railway Labor Act could establish how jurisdictional boundaries are determined for employers that toe the line, with tangible consequences for decades to come, say attorneys at Davis Wright.

  • Opinion

    The BigLaw Settlements Are About Risk, Not Profit

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    The nine Am Law 100 firms that settled with the Trump administration likely did so because of the personal risk faced by equity partners in today's billion‑dollar national practices, enabled by an ethics rule primed for modernization, says Adam Forest at Scale.

  • Opinion

    Courts Must Revitalize Robust Claim Construction

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    Two Federal Circuit decisions from earlier this year illustrate the rarity of robust claim construction and the underused reverse doctrine of equivalents — a dual problem that prevents courts from clearly delineating and correctly cabining the scope of rights conferred by patent claims, say attorneys at Klarquist Sparkman.

  • State Tort Claims May Help Deter Bribes During FCPA Pause

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    As the U.S. pauses Foreign Corrupt Practices Act enforcement, companies that lose business due to competitors' bribery should consider using state tortious interference suits to expose corruption, deter illegal practices and obtain compensation for commercial losses, says Jason Manning at Levy Firestone.

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