Appellate

  • February 03, 2025

    Panel Backs Sanctions For Frivolous Bid In Malpractice Case

    A New Jersey appeals court said Monday that a New York attorney's motion to vacate an almost $450,000 judgment after a jury found him negligent in a divorce action could only be seen as frivolous, affirming the trial court's award of nearly $8,000 in attorney fees as a sanction.

  • February 03, 2025

    2nd Circ. Affirms Lawyer's Asylum Fraud Conviction

    The Second Circuit on Monday affirmed the convictions of an immigration attorney and the former CEO of an immigration services firm for coaching asylum-seekers to lie about facing persecution in their home countries, rejecting the pair's arguments that there was insufficient evidence and that the jury was given improper instructions.

  • February 03, 2025

    Power Cos., States Ask DC Circ. To Dispose Of Coal Ash Rule

    The U.S. Environmental Protection Agency acted arbitrarily and well beyond its authority when it enacted a new rule to strengthen federal regulations for coal ash, a score of electric utility entities and Republican-led states told the D.C. Circuit.

  • February 03, 2025

    Calif. City On The Hook In Contractor Wage Fight, Panel Says

    The city of Long Beach, California, could be required to foot the bill for arbitration awards rendered against an oil company subcontractor in workers' wage lawsuits, a state appellate panel ruled, saying an arbitration decision holds as much weight as any other court order and can trigger liability for indemnity.

  • January 31, 2025

    Pipeline Inspector Asks Justices To Deem Him An Employee

    A former pipeline inspector for energy industry service provider Killick Group has petitioned the U.S. Supreme Court to review a Fifth Circuit decision classifying him as an independent contractor not eligible for overtime, saying Friday the high court should resolve a circuit split on the factors determining employee status.

  • January 31, 2025

    NC Justices Rule Abuse Law Is Legal, Exempts Resolved Suits

    The North Carolina Supreme Court ruled Friday that adults can bring civil actions over sex abuse they suffered as children after determining a state law allowing the revival of such claims is constitutional, but said the statute doesn't apply to similar cases that have already been adjudicated.

  • January 31, 2025

    Pause UScellular Deal During False Claims Case, Attys Say

    Two communications attorneys have urged the Federal Communications Commission to reject the $4.4 billion transfer of UScellular spectrum licenses to T-Mobile, at least until their False Claims Act dispute with the company can be resolved in the D.C. Circuit.

  • January 31, 2025

    En Banc Pa. Court Restores $2.3M Injury Award Against Domino's

    A Pennsylvania appellate court said the Domino's pizza chain can indeed be held liable for a $2.3 million verdict in a suit accusing a franchisee's delivery driver of causing a motorcyclist's severe injuries, saying the company had sufficient control over the franchisee's operations.

  • January 31, 2025

    9th Circ. Affirms Mormon Church's Win In Tithing Fraud Case

    The Ninth Circuit on Friday affirmed the dismissal of a lawsuit against the Church of Jesus Christ of Latter-day Saints from a wealthy and prominent former member who claimed the church fraudulently used members' tithes to fund commercial projects — with one judge arguing the case should have been tossed on church autonomy grounds only.

  • January 31, 2025

    Justices Implored To Consider Tipster Medical Device Row

    A nonprofit formed by Gretchen Carlson, a former Fox News anchor who has advocated against forced arbitration after suing the network's chairman for harassment, has urged the U.S. Supreme Court to consider a whistleblower's challenge to an arbitration award given to a medical device company in a trade secrets dispute.

  • January 31, 2025

    Small Biz Attys Jump Into 4th Circ. Shell Co. Law Challenge

    A business group has urged the Fourth Circuit to stop the U.S. Department of the Treasury from enforcing a law that requires companies to disclose personal identifying information about their beneficial owners and applicants to the agency, saying the law exceeds the limit of Congress' power to regulate intrastate economic activity.

  • January 31, 2025

    FCA, Chamber Tell 6th Circ. GM Defect Class Has Flaws

    Fiat Chrysler, tax-exempt legal organizations and industry trade groups are urging the Sixth Circuit to undo the class certification of drivers suing General Motors over alleged transmission defects, arguing in amicus briefs that a trial court lumping the plaintiffs together "glossed over material differences in the evidence and applicable state laws."

  • January 31, 2025

    HUD Seeks Pause On Insurers' Appeal Over Fair Housing Rule

    U.S. Department of Housing and Urban Development attorneys asked a D.C. Circuit court Friday to pause consideration of an insurance industry trade group's appeal over a HUD rule addressing discrimination claims under the Fair Housing Act, saying the agency's new leadership may reconsider the rule altogether.

  • January 31, 2025

    Mich. Judge Can't Pause Discipline Case During Bias Probe

    The Michigan Supreme Court won't halt disciplinary proceedings against a judge accused of lying about another judge's conduct to wait for an ongoing audit of potential racial disparities in the state's judicial discipline process to be completed.

  • January 31, 2025

    Del. Justices Uphold $33M-Plus Award In Software Co. Suit

    Delaware's Supreme Court shot down on Friday a higher education software company founder's appeal from a $33 million-and-growing Court of Chancery award favoring shareholders who claimed they were kept in the dark when millions in stock purchase warrants were allowed to expire without notice.

  • January 31, 2025

    9th Circ. Affirms Aerospace Co. Code Meets Fair Use Standard

    Aerospace contractor Astronics has convinced Ninth Circuit judges that the code used in its replacement parts is covered by the same fair use protections created by the U.S. Supreme Court's Google v. Oracle decision.

  • January 31, 2025

    Med Transport Broker Must Face Injury Claims, Ga. Panel Says

    The Georgia Court of Appeals has reversed a trial court's grant of summary judgment to a non-emergency medical transportation broker that was sued when the driver of one of its vehicles allegedly failed to secure a woman's wheelchair, throwing her to the floor during a sudden stop.

  • January 31, 2025

    US Chamber Backs Exxon Suit Over Seized Cuba Property

    The U.S. Chamber of Commerce urged the U.S. Supreme Court to accept Exxon Mobil Corp.'s challenge of a D.C. Circuit decision that made it harder for the energy giant to seek damages over property that Fidel Castro's government confiscated decades ago in Cuba.

  • January 31, 2025

    Texas Justices Won't Shut Down Court Reporter's AI Case

    A Texas court reporter will be permitted to continue pursuing an administrative complaint against an artificial intelligence-powered "digital reporting firm," after the administrative agency in charge of court stenography in Texas lost its bid for the state's high court to end the case on Friday.

  • January 31, 2025

    3rd Circ. Backs DOL's $7M Win In Care Co. Wage Suit

    The Third Circuit refused on Friday to overturn a $7 million judgment in favor of the U.S. Department of Labor in its lawsuit against a home care company, saying the time workers spent traveling between clients' homes is fundamental to their jobs and must be compensated.

  • January 31, 2025

    6 Argument Sessions Benefits Attys Should Watch In Feb.

    The en banc Eleventh Circuit will consider whether federal anti-discrimination law bars a Georgia county health plan from refusing to cover a worker's gender-confirmation surgery while the Second Circuit will hear from an NBA referee defending his win in a pension payout case.

  • January 31, 2025

    Full DC Circ. Will Not Review White House NEPA Power Ruling

    The D.C. Circuit on Friday rejected petitions for en banc review of a panel's ruling that the White House does not have the legal authority to promulgate regulations implementing the National Environmental Policy Act.

  • January 31, 2025

    Out-Of-State Broker Must Face Texas Suit Over $25M Scheme

    A Texas appeals court found an insurance broker can't escape a lawsuit alleging it conspired with a Texas law firm to defraud a couple using a $25 million scheme, saying in a Thursday opinion that obtaining a Texas license subjects the company to Texas law.

  • January 31, 2025

    Supreme Court Eyes Its 'Next Frontier' In FCC Delegation Case

    A case about broadband subsidies will give the U.S. Supreme Court the chance to revive a long-dormant separation of powers principle that attorneys say could upend regulations in numerous industries and trigger a power shift that would make last term's shake-up of federal agency authority pale in comparison. And a majority of the court already appears to support its resurrection.

  • January 31, 2025

    Owners Appeal Docs Order In Yale's $435M Hospital Sale Fight

    Three companies that own property occupied by bankrupt Prospect Medical Holdings Inc. hospitals in Connecticut have appealed a state trial court judge's order to provide documents to Yale New Haven Health in a fight over a $435 million purchase agreement.

Expert Analysis

  • Bid Protest Spotlight: Certification, Lateness, SBA Eligibility

    Author Photo

    In this month's bid protest roundup, Cody Fisher at MoFo examines three recent decisions from the U.S. Court of Appeals for the Federal Circuit and the U.S. Government Accountability Office that address the treatment of a proposal that was timely submitted but received late, and highlight nuances of certification and small business eligibility requirements.

  • How Decline Of Deference Will Affect Trump Policymaking

    Author Photo

    An administrative law regime without Chevron deference may limit the Trump administration’s ability to implement new policies in the short term, but ultimately help it in the long term, and all parties with an interest in regulatory changes will have to take a fresh approach to litigation, say attorneys at Covington.

  • Series

    Ohio Banking Brief: All The Notable Legal Updates In Q4

    Author Photo

    Ohio's banking and financial services sector saw several significant developments in the fourth quarter of 2024, including a landmark Uniform Commercial Code ruling, adjustments to the state's Homebuyer Plus Program and the launch of the state's first women-led bank, says attorney Alex Durst.

  • 6 Predictions For Cyber Risk And Insurance In 2025

    Author Photo

    This year is likely to bring with it some thorny and expensive cyber challenges, including increased ransomware activity, more data breach class actions and continued efforts to define business interruption loss calculations, say attorneys at Wiley.

  • 7 Ways 2nd Trump Administration May Affect Partner Hiring

    Author Photo

    President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.

  • Opinion

    Courts Must Curb The Drug Price Negotiation Program

    Author Photo

    The Inflation Reduction Act's drug price negotiation program upends incentive structures that drive medical innovation, and courts must act appropriately to avoid devastating consequences for American healthcare and the pharmaceutical industry, says Jeff Stier at the Consumer Choice Center.

  • E-Discovery Quarterly: Rulings On Custodian Selection

    Author Photo

    Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.

  • Opinion

    Section 230 Debates Will Continue, With Or Without TikTok

    Author Photo

    Regardless of whether TikTok is forced to shut down in the U.S. in the coming weeks, legal disputes will continue over social media platforms' responsibility under Section 230 of the Communications Decency Act for harms allegedly caused by content shared on their apps, says Carla Varriale-Barker at Segal McCambridge.

  • Surprise NC COVID Ruling Revises Reasonable Expectations

    Author Photo

    The North Carolina Supreme Court's recent finding in favor of policyholders in a suit for business interruption coverage due to COVID-19 shutdown orders runs contrary to most other state and federal courts' holdings on the issue, and may revitalize the reasonable expectations doctrine in the state, say attorneys at Goldberg Segalla.

  • Impact Of Successful Challenges To SEC's Rulemaking Ability

    Author Photo

    In 2024, the U.S. Securities and Exchange Commission faced significant legal challenges to its aggressive rulemaking agenda as several of its rules were vacated by the Fifth Circuit, which could hinder the SEC's ability to enact rules extending beyond express statutory authority in the future, say attorneys at Debevoise.

  • 5 Transition Tools Trump Could Use To Implement His Agenda

    Author Photo

    President-elect Donald Trump will have several tools available to him to halt or otherwise claw back federal regulations promulgated during the Biden administration, including reconciliation, executive orders and memoranda, say attorneys at Gibson Dunn.

  • When Judging Product Label Claims, Follow The Asterisk

    Author Photo

    A recurring question in false advertising class actions is whether misleading or ambiguous statements on a product's front label can be cured by information on the back label — but recent decisions from the Ninth Circuit suggest that a front-label asterisk can help alert consumers to seek further clarification, say attorneys at Hunton.

  • Justices Seem Focused On NEPA's Limits In Utah Rail Case

    Author Photo

    After last month's oral argument at the U.S. Supreme Court in Seven County Infrastructure Coalition v. Eagle County, Colorado, the court appears poised to forcefully reiterate that the National Environmental Policy Act requires federal agencies to review only those environmental impacts within their control, say attorneys at Perkins Coie.

  • Fed. Circ. Patent Decisions In 2024: An Empirical Review

    Author Photo

    Despite an ever-increasing backlog of argument-ready cases, the Federal Circuit issued fewer decisions in 2024 than in previous years, and the decisions' overall friendliness toward patent owners and applicants was low, says Dan Bagatell at Perkins Coie.

  • Series

    Exercising On My Peloton Bike Makes Me A Better Lawyer

    Author Photo

    While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Appellate archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!