Appellate

  • June 30, 2025

    Tillis Doesn't Plan Roadblocks On Judiciary Nominations

    Following his announcement on Sunday that he won't be seeking reelection, Sen. Thom Tillis, R-N.C., a member of the Senate Judiciary Committee who previously sank President Donald Trump's nominee for U.S. attorney for the District of Columbia, told Law360 on Monday that his approach to judiciary nominations won't change.

  • June 30, 2025

    High Court Rejects Challenge To NM Nuke Storage Site

    The U.S. Supreme Court on Monday said a mineral owner could not challenge the Nuclear Regulatory Commission's approval of a temporary nuclear waste storage facility in New Mexico.

  • June 30, 2025

    Calif. Panel Chides Attys Who Hid Opponent's Inactive Status

    In a precedential ruling, a California appellate panel found a party whose counsel's license was made inactive should have been treated as though the attorney had died or been suspended, overturning a $70,000 fee award levied against a woman who was not informed that her lawyer was inactive.

  • June 30, 2025

    Fed. Circ. Won't Revive Beverage Can Patent Claims

    The Federal Circuit on Monday sided with an Ohio federal judge's finding that claims in a pair of Crown Packaging Technology Inc.'s metal beverage can construction patents were invalid, handing a win to competitor Ball Metal.

  • July 07, 2025

    CORRECTED: 3 Bias Arguments Sessions To Watch In July

    The Third and Sixth Circuits are scheduled to hear a trio of oral arguments in July as a fired professor, human resources executive and school dean each plan to argue that their terminations violated federal anti-bias law. Here, Law360 looks at those cases. 

  • June 30, 2025

    Justices Say Another Biofuel Waiver Case Fits In DC Circ.

    Following the U.S. Supreme Court's decision that the D.C. Circuit was the proper venue for challenges to the U.S. Environmental Protection Agency's denial of biofuel waivers to small refiners, the high court on Monday granted summary disposition in another pending case on the same subject.

  • June 30, 2025

    Justices Let Stand IRS' Summons For Coinbase User's Info

    The U.S. Supreme Court rejected Monday a cryptocurrency investor's challenge to an IRS summons for his financial records from the exchange Coinbase, letting stand a First Circuit ruling that upheld limitations on privacy rights for records held by third-party financial institutions.

  • June 30, 2025

    Justices To Resolve Split On Supervised Release Fugitives

    The U.S. Supreme Court agreed Monday to hear arguments in a case poised to resolve a sharp circuit split over whether the "fugitive tolling" doctrine barring criminal defendants from earning credits to reduce prison sentences while they are not behind bars also should apply to defendants who abscond from supervised release.

  • June 30, 2025

    Ex-Ohio Speaker Calls 6th Circ. Bribery Ruling A 'Stretch'

    Former Ohio House of Representatives Speaker Larry Householder urged the Sixth Circuit to rethink its decision to stand by his bribery conviction over the FirstEnergy nuclear bailout scandal that got him 20 years in prison, arguing the panel made "an illegal stretch" in assuming the jurors undertook proper analysis despite allegedly improper instructions.

  • June 30, 2025

    High Court Won't Weigh Class Standard In Junk Fax Row

    The U.S. Supreme Court on Monday declined to take up a dispute over whether online faxes are covered by the Telephone Consumer Protection Act and whether plaintiffs pressing these claims are required to show an administratively feasible way to identify class members.

  • June 30, 2025

    High Court Turns Away Fired Christian Workers' Vax Bias Case

    The U.S. Supreme Court on Monday declined to review a Third Circuit ruling that shuttered Christian workers' suits claiming a healthcare system illegally fired them for opposing its COVID-19 vaccine mandate, despite the workers' assertions that the opinion improperly constricted their religious rights.

  • June 30, 2025

    Supreme Court Seeks US Input On $440M Cruise Line Case

    The U.S. Supreme Court said Monday it wanted the U.S.'s perspective as it considers a petition seeking the reversal of a split Eleventh Circuit decision overturning a $440 million judgment against several cruise companies for allegedly "trafficking" in property seized by the Cuban government.

  • June 30, 2025

    High Court Takes GOP Challenge To Election Spending Limits

    The U.S. Supreme Court on Monday said it would review caps on how much political parties can spend on elections in coordination with candidates in a case brought by Vice President JD Vance and Republican organizations.

  • June 30, 2025

    Justices Undo Patients' Win In Gender-Affirming Care Fight

    The U.S. Supreme Court on Monday struck down a Fourth Circuit decision that preserved access to gender-affirming care under two state-run health plans, telling the lower court to consider a recent decision by the justices that upheld a Tennessee law limiting treatments for young transgender people.

  • June 30, 2025

    High Court Won't Review Kentucky's Smog Plan Challenge

    The U.S. Supreme Court on Monday declined to review the Sixth Circuit's refusal to transfer Kentucky's challenge to the U.S. Environmental Protection Agency's disapproval of its ozone control plan to the D.C. Circuit, after ruling such cases belong in regional circuit courts. 

  • June 30, 2025

    High Court Won't Review Landlords' COVID Eviction Ban Suit

    A split U.S. Supreme Court on Monday declined to review a petition filed by billionaire developer and landlord Geoffrey Palmer that sought to recover $100 million by claiming harm from an eviction moratorium Los Angeles imposed after the outbreak of COVID-19.

  • June 30, 2025

    Justices Turn Away Fired Teacher's Prehire Speech Case

    The U.S. Supreme Court declined on Monday to review a Massachusetts high school teacher's claim that individuals' speech rights should extend to things they say before being hired to a public job, though Justice Clarence Thomas wrote to express dismay with the First Circuit's approach toward controversial political commentary.

  • June 30, 2025

    Justices Seek SG's View In $1.2M Roundup Verdict

    The U.S. Supreme Court on Monday asked the U.S. solicitor general to weigh in on Monsanto's petition challenging a $1.2 million jury award given to a man who claimed that the company's Roundup weed killer caused his cancer.

  • June 30, 2025

    High Court Wants Feds' Input On Parker-Hannifin 401(k) Suit

    The U.S. Supreme Court asked for the U.S. solicitor general's take Monday on the Sixth Circuit's decision to revive a proposed class action alleging Parker-Hannifin Corp. mismanaged a 401(k) plan, seeking the government's view on the pleading standard for a claim that investment choices breached fiduciary duties.

  • June 30, 2025

    Justices To Review Persecution Standard In Immigration Appeal

    The U.S. Supreme Court on Monday agreed to look at whether the First Circuit was right to give deference to the Board of Immigration Appeals' conclusion that a Salvadoran family failed to show it suffered persecution back home and is therefore ineligible for asylum.

  • June 30, 2025

    Justices Rebuff American Airlines' Bid To Revive JetBlue Pact

    The U.S. Supreme Court on Monday rebuffed American Airlines' bid to revive its codeshare agreement with JetBlue in Boston and New York.

  • June 30, 2025

    Justices Won't Eye Claim Fed. Circ. Revived Waived Argument

    The U.S. Supreme Court on Monday turned down an appeal from a doctor who argued that the Federal Circuit wrongly upheld the rejection of his application for a patent on a COVID-19 treatment by reviving arguments that he claimed the patent office had waived.

  • June 30, 2025

    Justices Pass On Exxon Mobil $14M Clean Air Act Dispute

    The U.S. Supreme Court on Monday declined to review an en banc Fifth Circuit opinion that upheld $14.25 million in air pollution fines against Exxon Mobil Corp.

  • June 30, 2025

    Supreme Court Won't Take On CWA Suit Over Wash. Port Regs

    The U.S. Supreme Court on Monday declined to wade into a dispute between a Washington state port and an environmental group over whether citizen suits seeking to enforce state permitting conditions that go beyond the Clean Water Act can proceed in federal court.

  • June 30, 2025

    Justices Allow Chinese Co. To Access Micron's Code Records

    The U.S. Supreme Court on Monday denied Micron Technology Inc.'s efforts to block a Chinese semiconductor maker from accessing paper copies of sensitive source code during patent infringement litigation.

Expert Analysis

  • Series

    Playing Football Made Me A Better Lawyer

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    While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.

  • What Del. Supreme Court LKQ Decision Means For M&A Deals

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    The Delaware Supreme Court's recent decision in LKQ v. Rutledge greatly increases the enforceability of forfeiture-for-competition provisions, representing an important affirmation of earlier precedent and making it likely that such agreements will become more common in M&A transactions, say attorneys at Mayer Brown.

  • 10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks

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    The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.

  • How High Court's Cornell Decision Will Affect ERISA Suits

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    The U.S. Supreme Court's recent decision in Cunningham v. Cornell, characterizing prohibited transaction exemptions as affirmative defenses, sets the bar very low for initiating Employee Retirement Income Security Act litigation, and will likely affect many plan sponsors with similar service agreements, says Carol Buckmann at Cohen & Buckmann.

  • Notable Q1 Updates In Insurance Class Actions

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    The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.

  • 2nd Circ. Ruling May Aid Consistent Interpretation Of ADA

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    In Tudor v. Whitehall Central School District, the Second Circuit joined the majority of circuits by holding that an employee's ability to perform their job without an accommodation does not disqualify them from receiving one, marking a notable step toward uniform application of the Americans with Disabilities Act nationwide, says Michelle Grant at Wilson Elser.

  • EPA's Proposed GHG Reform Could Hinder Climate Regulation

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    The Trump administration will reconsider the U.S. Environmental Protection Agency's landmark 2009 greenhouse gas endangerment finding, which could leave the U.S. federal government with no statutory authority whatsoever to regulate climate change or greenhouse gas emissions, says David Smith at Manatt.

  • Series

    Power To The Paralegals: The Value Of Unified State Licensing

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    Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.

  • Fed. Circ. In March: Forfeiting Claim Construction On Appeal

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    The Federal Circuit's decision in Wash World v. Belanger last month confirms the importance of fair notice to the district court when determining forfeiture of an argument on appeal in the context of patent claim construction, allowing appellants to better gauge the appropriate framing of arguments that may be presented, say attorneys at Knobbe Martens.

  • 1st Circ. Ruling May Slow SEC Retail Investment Advice Cases

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    The First Circuit's recent ruling, finding the U.S. Securities and Exchange Commission did not substantiate its $93.3 million fine against a retail investment adviser, may raise the threshold on materiality findings in these cases and add a speed bump resulting in fewer such actions, say attorneys at Weil.

  • 10 Soft Skills Every GC Should Master

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    As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.

  • 6 Criteria Can Help Assess Executive Branch Actions

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    With new executive policy changes announced seemingly every day, several questions can help courts, policymakers and businesses determine whether such actions are proper, effective and in keeping with our democratic norms, say Marc Levin and Khalil Cumberbatch at the Council on Criminal Justice.

  • Fed Circ.'s PTAB Ruling Highlights Obsolete Rationale

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    The Federal Circuit's recent decision in In re: Riggs shines a new light on its 2015 decision in Dynamic Drinkware v. National Graphics, and raises questions about why the claim support requirement established by Dynamic Drinkware exists at all, say attorneys at Patterson Belknap.

  • Traversing The Shifting Sands Of ESG Reporting Compliance

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    Multinational corporations have increasingly found themselves between a rock and a hard place attempting to comply with EU and California ESG requirements while not running afoul of expanding U.S. anti-ESG regimes, but focusing on what is material to shareholder value and establishing strong governance can help, say attorneys at MoFo.

  • An Unrestrained, Bright-Eyed View Of Legal AI's Future

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    Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.

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