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Appellate
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October 07, 2025
4 Oral Argument Sessions Benefits Attys Should Watch In Oct.
The Second Circuit will hear from Teamsters looking to revive a proposed class action alleging mismanagement of a multiemployer pension plan, while Alcoa will ask the Seventh Circuit to overturn a ruling requiring the aluminum maker to cover union retirees' healthcare for life. Here, Law360 looks at four arguments that benefits attorneys should have on their radar this month.
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October 07, 2025
6th Circ. OKs Contested Deal In Foreclosure Class Action
The Sixth Circuit on Monday affirmed the approval of a contested settlement to resolve claims that 43 Michigan counties illegally kept the proceeds from the sales of tax-foreclosed properties, although one judge's concurrence said he did so "with the greatest reluctance."
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October 07, 2025
DC, 18 States Back Campaign Spending Caps At High Court
The District of Columbia and 18 states urged the U.S. Supreme Court on Monday not to lift caps on the amount political parties may spend in coordination with candidates for federal office, saying state-level campaign finance regulations could be destabilized.
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October 07, 2025
Drug Tax Outdoes Biblical Punishment, 5th Circ. Judge Says
A Fifth Circuit panel pressed the U.S. Department of Health and Human Services to justify the basis for the Medicare drug pricing program's steep excise tax, asking Tuesday whether the government had ever levied a higher tax in the nation's history.
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October 07, 2025
NY Appeals Court Nixes Chris Cuomo's Arbitrator Bias Claim
Ex-CNN anchor Chris Cuomo on Tuesday could not convince a New York appeals court to revive his bid to disqualify the JAMS arbitrator overseeing his $125 million unlawful termination claim against CNN due to the arbitrator's representation of the news network more than two decades ago.
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October 07, 2025
Developer Wants Permit Fee Suit Against Miami Revived
A developer on Tuesday asked a Florida appeals court to revive its claims against the city of Miami for allegedly overcharging builders permit and inspection fees, saying the city's unlawful carrying forward of the excess funds violates a state law limiting these actions.
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October 07, 2025
9th Circ. Rejects 'Kitchen Sink' Challenge To Vaccine Mandate
A Ninth Circuit panel on Monday upheld a lower court's rejection of a lawsuit brought by dozens of former employees of a nonprofit healthcare system who claimed Washington state's requirement that healthcare workers be vaccinated against COVID-19 violated their statutory and constitutional rights.
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October 07, 2025
DC Circ. Denies Biotech Co.'s Nasdaq Delisting Appeal
Chinese biotech Shineco Inc. has lost its bid to block its delisting from the Nasdaq in the D.C. Circuit, which didn't buy its argument the federal government's shutdown prevented the company from petitioning the U.S. Securities and Exchange Commission directly for relief.
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October 07, 2025
Colo. Panel Weighs School's Liability In 2019 Shooting
Colorado appellate judges on Tuesday asked attorneys representing the parents of a student who was killed during a school shooting and the school itself how to interpret a state law that allows schools to be held liable for school shootings.
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October 07, 2025
9th Circ. Tosses Sporting Goods Co. Suit Against Ex-Landlord
The Ninth Circuit on Tuesday backed the dismissal of a sporting goods retailer's suit against its former landlord, which was accused of wrongfully charging the retailer with monthly fee invoices even after the retailer left the location it was renting due to the COVID-19 pandemic.
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October 07, 2025
Senate Confirms 2 DOJ Nominees, 16 US Attys
The U.S. Senate voted 51-47 Tuesday, along party lines, to confirm a slew of nominees for the U.S. Department of Justice.
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October 07, 2025
Lawmakers, States Back Tribes In Supreme Court Voting Case
A bipartisan group of 10 current and former members of Congress and 22 states have supported two North Dakota tribes in their U.S. Supreme Court bid to overturn an Eighth Circuit order that prohibits suits against states for violating Section 2 of the Voting Rights Act.
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October 07, 2025
Fla. High Court Told Law Bars Insurer Suit Against Condo
A condominium association told the Florida Supreme Court on Tuesday that an insurer can't sue for damages to an owner's unit, arguing a 2021 state law that went into effect provided immunity from a negligence lawsuit stemming from a policy claim brought afterward.
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October 07, 2025
Ex-Executives' Payroll Tax Convictions Biased, 4th Circ. Told
Two former software executives asked the Fourth Circuit to reverse their criminal convictions stemming from their failure to pay employment taxes, claiming the jury's instructions were biased.
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October 07, 2025
EMS Workers Tell 4th Circ. NC County Owes Them Wages
Emergency medical services workers argued that a North Carolina county created a "mathematical impossibility" when it calculated their wages, urging the Fourth Circuit to flip a federal court's ruling that the county didn't owe them anything despite having violated federal law.
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October 07, 2025
10th Circ. Rejects Colombian Family's Asylum Appeal
A Tenth Circuit panel said Tuesday that four Colombian family members failed to show that death threats made by allies of a narcotics trafficking group's leader amounted to persecution or stemmed from protected political activities, and refused to revisit rulings denying their bid for asylum.
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October 07, 2025
Justices Probe Standard Of Care In 'Conversion Therapy' Case
The U.S. Supreme Court on Tuesday wrestled with whether gay "conversion" therapy banned by a Colorado law is a medical treatment that falls outside the accepted standard of care, or whether it's protected First Amendment speech.
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October 07, 2025
2nd Circ. Rules Inmates Not Entitled To Specific Gender Care
A Second Circuit panel has overturned a transgender inmate's partial win in a lawsuit against prison officials in Connecticut over allegedly inadequate gender dysphoria treatment, holding that the defendants are entitled to qualified immunity and that "inmates have no clearly established right to be treated by gender-dysphoria specialists" or receive specific treatments for the condition.
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October 07, 2025
Gov't, Gun Defendant Urge Justices Not To 'Double-Punish'
The government and a New York man convicted in a fatal robbery both asked the U.S. Supreme Court on Tuesday to rule that subjecting defendants to separate sentences stemming from a single deadly federal firearm offense is a double-jeopardy violation.
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October 07, 2025
Calif. Court Has Change Of Heart On Juror Challenge Question
A California state appeals court has changed its mind on its own precedent governing when prosecutors can use a peremptory challenge to dismiss a non-white juror from a case, finding a "lack of life experience" can be good reason to dismiss a juror and affirming a man's life sentence
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October 07, 2025
Texas Court Overturns Forfeiture Verdict For Lack Of Evidence
A Texas appellate panel on Tuesday reversed a civil-forfeiture judgment and ordered state officials to return nearly $42,000 in cash that sheriff's deputies seized from a driver, saying there was no direct evidence that he would have spent the money on illegal drugs.
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October 07, 2025
3rd Circ. Won't Rehear J&J Investor Cert. Appeal
The U.S. Court of Appeals for the Third Circuit declined Tuesday to reconsider backing a New Jersey federal judge's class certification order in a Johnson & Johnson investor action alleging the company artificially inflated its stock price by failing to disclose cancer risks.
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October 07, 2025
Duke Gas Rate Increase Was Improper, Ohio High Court Hears
Duke Energy's Ohio utility shouldn't be allowed to collect $17 million from ratepayers to cover now-shuttered underground caverns used to store propane, the state's utility consumer advocate told the Ohio Supreme Court on Tuesday.
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October 07, 2025
Approach The Bench: Judge Kaplan On Suit Against The Gov't
U.S. Court of Federal Claims Judge Elaine Kaplan's docket doesn't always garner attention in the same way trial court cases do, but that may change as the executive branch makes sweeping budget and policy changes that could lend more political significance to monetary claims against the government.
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October 07, 2025
Siemens Worker Asks 3rd Circ. To Save 401(k) Forfeiture Suit
A Siemens Corp. employee urged the Third Circuit to reopen his lawsuit alleging the company violated federal benefits law by using forfeited retirement funds to cover its own contributions rather than plan expenses, arguing a lower court lost sight of his specific allegations when it tossed the case.
Expert Analysis
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Justices' Resentencing Ruling Fortifies First Step Act Tools
The U.S. Supreme Court’s recent Hewitt v. U.S. ruling clarifies that resentencing after vacatur must reflect the law in effect at the time of the new sentencing, ultimately strengthening the strategic tools available to defense attorneys under the First Step Act, says Benson Varghese at Varghese Summersett.
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The Metamorphosis Of The Major Questions Doctrine
The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.
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Protecting Workers Amid High Court-EEOC Trans Rights Rift
In Ames v. Ohio Department of Youth Services and U.S. v. Skrmetti, the U.S. Supreme Court clarified that Title VII protects employees from discrimination based on sexual orientation and gender identity, so employers should still protect against such discrimination despite the U.S. Equal Employment Opportunity Commission's unclear position, says Ally Coll at the Purple Method.
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What 9th Circ. Ruling Shows About Rebutting SEC Comments
The Ninth Circuit's June opinion in Pino v. Cardone Capital suggests that a company's lack of pushback to a U.S. Securities and Exchange Commission comment may be evidence of its state of mind for evaluating potential liability, meaning companies should consider including additional disclosure in SEC response letters, say attorneys at Barnes & Thornburg.
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9th Circ. Decisions Help Clarify Scope Of Legal Lab Marketing
Two Ninth Circuit decisions last week provide a welcome development in clarifying the line between laboratories' legal marketing efforts and undue influence that violates the Eliminating Kickbacks in Recovery Act, and offer useful guidance for labs seeking to mitigate enforcement risk, says Joshua Robbins at Buchalter.
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A Word On Ensuring Precision In Patent Claim Construction
The Federal Circuit's recent decision in Express Mobile v. Meta Platforms, overruling the Patent Trial and Appeal Board's interpretation of the term "style," highlights the importance of articulating claim constructions that are as clear as possible, says Derrick Carman at Robins Kaplan.
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What 9th Circ. Cracker Barrel Ruling Means For FLSA Cert.
The Ninth Circuit's decision in Harrington v. Cracker Barrel suggests a settling of two procedural trends in Fair Labor Standards Act jurisprudence — when to issue notice and where nationwide collectives can be filed — rather than deepening circuit splits, says Rebecca Ojserkis at Cohen Milstein.
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Series
Playing Mah-Jongg Makes Me A Better Mediator
Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.
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How Latest High Court Rulings Refine Employment Law
The 2024-2025 U.S. Supreme Court term did not radically rewrite employment law, but sharpened focus on textual fidelity, procedural rigor and the boundaries of statutory relief, say attorneys at Krevolin & Horst.
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Calif. Air Waivers Fight Fuels Automakers', States' Uncertainty
The unprecedented attempt by Congress and the Trump administration to kill the Clean Air Act waivers supporting California's vehicle emissions standards will eventually end up in the U.S. Supreme Court — but meanwhile, vehicle manufacturers, and states following California's standards, are left in limbo, says John Watson at Spencer Fane.
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Diversity, Equity, Indictment? Contractor Risks After Kousisis
The U.S. Supreme Court’s recent Kousisis v. U.S. decision, holding that economic loss is not required to sustain wire fraud charges related to fraudulent inducement, may extend criminal liability to government contractors that make false diversity, equity and inclusion certifications, say attorneys at Moore & Van Allen.
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Series
Law School's Missed Lessons: Navigating Client Trauma
Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.
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9th Circ. Customs Ruling A Limited Win For FCA Plaintiffs
While the decision last month in Island Industries v. Sigma may be welcome news for False Claims Act relators, under binding precedent courts within the Ninth Circuit still do not have jurisdiction to adjudicate customs-based FCA claims pursued by the government, say attorneys at Morgan Lewis.
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Opinion
4 Former Justices Would Likely Frown On Litigation Funding
As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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Quantifying Trading-Based Damages Using Price Impact
The U.S. Securities and Exchange Commission will likely increasingly rely on price impact analyses to demonstrate pecuniary harm from trading-related misconduct, meaning measuring price impact will be helpful in challenging SEC disgorgement, determining appropriate remedies, and assessing loss causation and damages in private litigation, says Vyacheslav Fos at Boston College and Erin Smith at Compass Lexecon.