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Appellate
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July 02, 2025
NCAA, NASCAR Antitrust Challenges Permeate 2025's 1st Half
The first half of 2025 saw the dispute between NASCAR and two of its teams become supercharged and a judge give final approval to the disputed settlement for the NCAA name, image and likeness antitrust litigation.
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July 02, 2025
The Biggest Patent Rulings Of 2025: A Midyear Report
A ruling by the full Federal Circuit invited greater scrutiny of patent damages testimony, and the U.S. Patent and Trademark Office's acting director established new criteria for rejecting patent challenges. Here's a look at the top patent decisions from the first half of 2025.
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July 02, 2025
9th Circ. Upholds Sutter Health's Win In Doc's Kickback Suit
The Ninth Circuit refused to revive a gastroenterologist's constitutional challenge against Sutter Health alleging the nonprofit paid kickbacks to its physicians to refer low-income patients to other hospitals, ruling Wednesday the appellant lacks evidence of purported kickbacks and doesn't address how the alleged injury to those patients harmed him.
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July 02, 2025
Charter Company On The Hook For Bruce Willis Flight Mishap
A Texas appeals court panel on Wednesday mostly kept intact a decision finding a private jet company tasked with transporting Bruce Willis on the hook for repairs after the plane had problems starting, saying that contract language made the company responsible for repairs.
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July 02, 2025
Trump Asks Justices To Pause CPSC Members' Reinstatement
The Trump administration asked the U.S. Supreme Court Wednesday to stay a Maryland federal court's ruling that the president's removal of three U.S. Consumer Product Safety Commission members was unlawful, while the commissioners argue they should be allowed to continue serving through the government's appeal.
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July 02, 2025
Pa. Court Rejects Concealed Carry Constitutional Challenge
In yet another decision clarifying the state's gun laws, the Pennsylvania Superior Court ruled that although a 19-year-old convicted of having a firearm in his car illegally couldn't obtain a concealed carry license due to his age, state licensing requirements did not violate his Second Amendment rights.
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July 02, 2025
Vax Maker Ends Appeal After Stewart Halts Patent Ax Sanction
After the acting director of the U.S. Patent and Trademark Office last month undid her predecessor's decision canceling all the claims of five Longhorn Vaccines & Diagnostics LLC patents as a sanction for misconduct, the company dropped its appeal in the case Wednesday.
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July 02, 2025
11th Circ. Won't Revive Disney Workers' COVID Vax Bias Suit
The Eleventh Circuit refused to revive a discrimination suit by former Disney employees over the company's COVID-19 vaccine mandate and augmented protocols requiring unvaccinated workers to socially distance and wear masks, ruling Wednesday the appellants never made religious objections to those protocols and never sought religious-based accommodations.
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July 02, 2025
2nd Circ. Affirms NY Court Can't Nix Swiss Arbitration Loss
The Second Circuit on Wednesday affirmed that an arbitral award issued by a Swiss tribunal to a Singapore company in a dispute over a medical imaging joint venture cannot be vacated in New York, concluding in a published opinion that the court lacks the power to do so.
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July 02, 2025
2nd Circ. Reinstates FIFA Bribery Convictions
The Second Circuit on Wednesday reinstated two conspiracy convictions linked to the FIFA bribery scandal, saying a former 21st Century Fox executive and a company that brokers media rights for major tournaments weren't absolved by new U.S. Supreme Court rulings.
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July 02, 2025
Drugmaker Escapes Suit As Deceased Found To Be Negligent
A medication manufacturer can't be held liable for the death of a woman who suffered a heart attack after using a drug designed only for those with asthma and potentially fatal to those without, a North Carolina appeals court ruled Wednesday in a published opinion, saying the death was caused by the failure of the woman and her boyfriend to read the label.
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July 02, 2025
Fla. Man Gets $1.7M For 34-Yr Wrongful Incarceration
Florida Gov. Ron DeSantis signed a bill Tuesday that will provide $1.7 million in compensation to a man wrongfully convicted of armed robbery who served 34 years in prison before his release in 2023.
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July 02, 2025
Fla. Panel Says Shooting Suspect Had Right To Atty Violated
A state appeals court in Florida on Tuesday ruled that a man convicted of first-degree murder must get a new trial because his trial court judge allowed evidence from a police interview that occurred after police ignored the man's repeated requests for an attorney.
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July 02, 2025
Unions Say Halt Of Parole Is Spreading Chaos In Workplaces
A coalition of labor unions has told the First Circuit that the abrupt termination of Biden-era humanitarian parole programs is generating "chaos in American workplaces," as workers lose their work authorization and employers are left in the lurch.
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July 02, 2025
High Court Case Tops List of Securities Appeals To Watch
The U.S. Supreme Court has agreed to take up at least one shareholder's lawsuit when it reopens its doors in October, and securities attorneys from both the plaintiff and defense bars will be watching that appeal and several others as the year moves forward.
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July 02, 2025
Justices Won't Hear Crypto Firms' Venue Statute Case
The U.S. Supreme Court has said it will not take up a petition from the Binance-branded U.S. exchange and an affiliated crypto data site to resolve what they call a circuit split in a case accusing Binance.US of artificially deflating the price of a cryptocurrency token by lowering its ranking on the Binance exchange.
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July 02, 2025
4th Circ. Revives Va. Prisoner's Due Process Suit Over Fine
The Fourth Circuit has reaffirmed that inmates have a property interest in their prison trust accounts, reviving a Virginia prisoner's lawsuit challenging a $15 fine taken from his trust account as punishment for allegedly flouting the prison's COVID-19 regulations.
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July 02, 2025
Fla. Court Upholds Conviction In Case Over Slain Law Prof
A Florida appeals court on Wednesday refused to disturb the murder conviction of Katherine Magbanua, the ex-girlfriend of the dentist who conspired to kill former Florida State University law professor Dan Markel, after finding that she failed to demonstrate prejudicial error by the trial court.
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July 02, 2025
Top Product Liability News In H1 2025
There was no shortage of big rulings, verdicts and happenings in the product liability sphere in the first half of 2025. Here, Law360 looks at the most significant news cross-referenced with the articles that garnered the most page views.
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July 02, 2025
Trump Announces 1st And 9th Circ. Nominees
President Donald Trump announced nominations for judges on the First and Ninth circuit courts on Wednesday evening.
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July 02, 2025
Okla. Justices Say Tribal Citizen Must Pay State Income Taxes
Oklahoma's high court upheld a decision to deny a state tax-exempt status for a member of the Muscogee (Creek) Nation, saying that a 2020 U.S. Supreme Court decision affirming the boundaries of the tribe's reservation does not apply in the dispute.
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July 02, 2025
3rd Circ. Rules False Claims Fraud Can Trigger Deportation
A Canadian national who gained permanent-resident status in the United States can be deported for costing the Department of Veterans Affairs $3 million by making false claims to get his scuba school into a GI Bill-funded program, the Third Circuit held in a precedential ruling Tuesday.
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July 02, 2025
Wash. High Court Takes Up Off-Campus Fraternity Death Suit
The Washington Supreme Court has agreed to review a lower appellate court's January ruling that an Evergreen State university owed a duty of care to a student who died of alcohol poisoning following a hazing ritual at an off-campus fraternity party.
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July 02, 2025
Tenn. Basketball Player Drops 6th Circ. Bid For 5th Season
A University of Tennessee men's basketball player has ended his attempt to overturn the denial of an injunction that would have allowed him to play for a fifth season, but his attorneys said he plans to keep fighting the NCAA rule that bars him from competing next year.
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July 02, 2025
NC Furniture Manufacturer Sanctioned For 'Frivolous' Appeal
A North Carolina state appeals court on Wednesday sanctioned furniture manufacturer TCS Designs Inc. for repeatedly trying to force jurisdiction before a state tribunal where no jurisdiction exists in a wrongful death case involving one of its employees, calling its appeal of a tribunal denial "frivolous."
Expert Analysis
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Series
Adapting To Private Practice: From US Attorney To BigLaw
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.
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11th Circ. Ruling Warns Parties To Follow Arbitral Rules
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.
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2nd Circ. Limits VPPA Liability, But Caveats Remain
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.
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The Ins And Outs Of Consensual Judicial References
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.
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SpaceX Labor Suit May Bring Cosmic Jurisdictional Shifts
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.
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Opinion
The BigLaw Settlements Are About Risk, Not Profit
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.
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Opinion
Courts Must Revitalize Robust Claim Construction
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.
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State Tort Claims May Help Deter Bribes During FCPA Pause
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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2nd Circ. Arb. Ruling May Give Foreign Insurers An Edge
The Second Circuit's decision this month in Lloyds of London v. 3131 Veterans Blvd that international arbitration agreements take primacy over state anti-arbitration insurance laws opens a division between domestic and foreign insurers that could affect the surplus lines market, says attorney Rosanne Felicello.
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Buyer Beware Of Restrictive Covenants In Delaware
Based on recent Delaware Chancery Court opinions rejecting restricted covenants contained in agreements in the sale-of-business context, businesses need to craft narrowly tailored restrictions that have legitimate interests, say attorneys at Saul Ewing.
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Series
Brazilian Jiujitsu Makes Me A Better Lawyer
Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.
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Fed. Circ. Offers Lesson On Gov't Data Rights In Contracts
The Federal Circuit's recent decision in FlightSafety v. Air Force serves as a warning for U.S. Department of Defense contractors attempting to mark their commercial technical data developed at private expense, say attorneys at Butzel Long.
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Birthright Ruling Could Alter Consumer Financial Litigation
The U.S. Supreme Court’s upcoming decision about the validity of the nationwide injunctions in the birthright citizenship cases, argued on May 15, could make it much harder for trade associations to obtain nationwide relief from the Consumer Financial Protection Bureau's enforcement of invalid regulations, says Alan Kaplinsky at Ballard Spahr.
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Fed. Circ. In April: Introducing New Evidence During IPR
The Federal Circuit's decision in Sage Products v. Stewart last month upheld the Patent Trial and Appeal Board's decision to allow a petitioner to rely on case-dispositive evidence beyond prior art references, affording petitioners in inter partes review proceedings greater latitude in the timing of evidence presentation, say attorneys at Knobbe Martens.
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1st Circ. Ruling Widens Split Over Sentencing Enhancements
In U.S. v. Salvador-Gutierrez, the First Circuit recently switched sides in a circuit split by holding that certain sentencing enhancements apply only where the defendant used a minor in the commission of the crime, deepening a divide over the scope of role adjustments, says Sarah Sulkowski at Gelber & Santillo.