Appellate

  • June 24, 2025

    Ga. Justices Hold Off On Considering Wrongful Death Cap

    The Supreme Court of Georgia declined Tuesday to consider whether the state's statutory cap on noneconomic damages can be applied to wrongful death suits, staving off for now a push by business lobbies to put a hard ceiling on plaintiffs' recoveries in such cases.

  • June 24, 2025

    ByteDance Can't Arbitrate Pay Bias Suit, Calif. Court Says

    A California state appellate court has rejected TikTok parent ByteDance Inc.'s bid to make a former employee arbitrate pay discrimination claims against it, saying that an underlying arbitration agreement was unenforceable for requiring her to arbitrate claims while preserving all the Chinese internet technology company's rights and remedies.

  • June 24, 2025

    Texas A&M Escapes Prof's Pregnancy Leave FMLA Suit

    A state appeals court freed Texas A&M University on Tuesday from a lawsuit brought by a professor who was denied tenure, finding that her pregnancy-related leaves fell under a portion of the Family Medical Leave Act under which the university has immunity.

  • June 24, 2025

    Mich. Court Says Nonprofit Can't Co-Own Power Project

    A Michigan state appellate court on Monday found that the Michigan Public Power Agency's electric transmission lines lack the physical connection required under a 2021 law to co-own two new electric grid upgrade projects, marking the first time an appellate court has tackled the relatively new infrastructure statute.

  • June 24, 2025

    3rd Circ. Pick Told DOJ To Defy Courts, Whistleblower Says

    A top career official at the U.S. Department of Justice who was fired has come forward with a whistleblower complaint alleging Third Circuit judicial nominee Emil Bove, who was acting deputy attorney general at the beginning of the year, sought to defy court orders.

  • June 24, 2025

    Co. Slams 'Overheated' Reed Smith Brief In Shipping Row

    Reed Smith should not be allowed to halt court proceedings amid its effort to hold onto a client file sought by postbankruptcy owners of Eletson Holdings Inc., a reorganized international shipping company, amid its ongoing dispute with Levona Holdings Ltd., according to briefs both sides filed before the Second Circuit.

  • June 24, 2025

    Pa. Tax Ruling Boosts Nonprofits' Competitive Edge, Attys Say

    A recent Pennsylvania Supreme Court ruling clarifying that competitive executive compensation isn't a threat to the tax-exempt status for nonprofits has the added bonus of helping charities compete for and retain talent, attorneys tell Law360.

  • June 24, 2025

    Mich. Panel Grants New Murder Trial Over Phone Data Use

    A split Michigan appellate panel has ordered a new trial for a man convicted of murder because of illegally seized cellphone evidence used in his trial.

  • June 24, 2025

    Gaming Co. Asks 11th Circ. To Uphold Malpractice Coverage

    A gaming company and a law firm asked the Eleventh Circuit to reject an insurer's bid to avoid representing the firm in a malpractice case, arguing that if at least one claim in an underlying complaint was covered, the insurer couldn't apply a misappropriation exclusion.

  • June 24, 2025

    Trump Hones Immunity Argument In 2nd Circ. Carroll Appeal

    Counsel for President Donald Trump told the Second Circuit on Tuesday that he did not "unequivocally and explicitly" waive presidential immunity before a jury awarded writer E. Jean Carroll $83.3 million in their defamation battle, refining the theory that he cannot be held liable.

  • June 24, 2025

    Pollution Exclusion Applies Without Exception, AIG Unit Says

    An AIG unit urged the Illinois Supreme Court to find that a permit or regulation allowing a company to discharge toxins into the environment has no bearing on the application of a pollution exclusion, saying "pollution is pollution" regardless of government authorization.

  • June 24, 2025

    DHS Says District Court Defying Justices' Third Country Order

    The Trump administration asked the U.S. Supreme Court on Tuesday to clarify its order allowing the government to send noncitizens to countries they have no connection to with little or no prior warning, after a Massachusetts federal judge ruled the decision doesn't apply to men currently held at a U.S. military base in Djibouti.

  • June 24, 2025

    Robbery Intent Enough For Murder Rap, Conn. Justices Rule

    Connecticut can secure a murder conviction for a man whose robbery attempt resulted in a fatal shooting — even though he didn't pull the trigger — because it didn't need to prove the shooter was an accessory to the would-be thief, according to a state high court opinion released Tuesday. 

  • June 24, 2025

    Judiciary Warns Congress Of Cyber Risks To PACER

    PACER, the online public repository of federal court documents, is vulnerable to cyberthreats, a top judiciary official told members of Congress on Tuesday.

  • June 24, 2025

    Fed. Circ. Backs Unified Patents' PTAB Win Over Streaming IP

    The Federal Circuit refused to revive a pair of claims in a DivX streaming patent, backing a Patent Trial and Appeal Board decision that said challenger Unified Patents was able to show the claims were invalid.

  • June 24, 2025

    10th Circ. Rejects Ex-GC's Sanctions Bid Against Loeb & Loeb

    The Tenth Circuit has sided with a district court's decision dismissing a bid by the former general counsel of a medical device company to have Loeb & Loeb LLP sanctioned for bringing what he said was a baseless lawsuit against him on behalf of his former employer.

  • June 24, 2025

    Ex-Staffer For Judge Wants Wage Theft Appeal Outside Circuit

    A former staffer for retired Seventh Circuit Judge Richard Posner has followed through on his pledge to appeal his district court loss of wage theft claims against the ex-judge, filing a motion to have his appeal heard in a different circuit and a request to unseal a medical document.

  • June 24, 2025

    Pot Dispatcher Can't Upend Co-Worker's $400K Wage Deal

    A California appeals court has upheld a $400,000 wage-and-hour settlement between a cannabis delivery driver and The Highest Craft LLC, finding that a dispatcher whose claims are also covered under the settlement failed to show the deal was unfair or insufficiently investigated.

  • June 24, 2025

    Mass. Justices Say Key In Ignition Triggers DUI Law

    Massachusetts' highest court on Tuesday found that the act of sitting behind the wheel with the key in the ignition is enough to sustain a drunken driving charge, even if the car is not in motion and the engine is not turned on.

  • June 23, 2025

    Samsung Back On Hook To Pay $10M Over Exploding Battery

    Samsung Electronics America Inc. is back on the hook for a $10 million default judgment won by a Georgia man who alleged one of its batteries exploded in his e-cigarette, after a state appellate panel said Monday a trial court wrongly found the suit should have been filed in a different county.

  • June 23, 2025

    9th Circ. Revives Antitrust Counterclaims Against CoStar

    A Ninth Circuit panel on Monday revived counterclaims accusing CoStar of monopolizing commercial real estate information markets in the company's case accusing a rival of engaging in "industrial-scale" copyright infringement.

  • June 23, 2025

    High Court's Ruling Against Texas Could Tank FCC Wi-Fi Case

    As the Federal Communications Commission faces a Fifth Circuit challenge to its plan to fund school bus Wi-Fi, the appeals court is weighing how a U.S. Supreme Court ruling last week against Texas in a nuclear waste case impacts its jurisdiction.

  • June 23, 2025

    9th Circ. Backs $26M Fraud Penalty Against Importer

    The Ninth Circuit on Monday upheld a $26 million tripled fraud verdict against a pipe importer over allegations it made false statements on customs forms to avoid paying tariffs on some imports from China, rejecting the company's argument that the Tariff Act leaves no room to invoke the False Claims Act.

  • June 23, 2025

    9th Circ. Sends Minor's Rehab Claim Back To Premera

    The Ninth Circuit on Monday partially reopened a lawsuit accusing Premera Blue Cross of unlawfully refusing to cover a minor's time in a wilderness therapy program and rehabilitation facility, saying the insurer should take another look at one of the claims.

  • June 23, 2025

    Okla. Court Says Race Theory Law Excludes College Classes

    A group of civil rights advocates and their opponent, Oklahoma Attorney General Gentner Drummond, are both claiming victory after the state's high court determined that a 2021 law that blocks the teaching of certain racial and gender topics in public classrooms does not apply to academic speech in higher educational settings.

Expert Analysis

  • Recent Cases Clarify FCA Kickback Pleading Standards

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    Two recently resolved cases involving pharmaceutical manufacturers may make it more difficult for False Claims Act defendants facing kickback scheme allegations to get claims dismissed for lack of evidence, say Li Yu at Bernstein Litowitz, Ellen London at London & Noar, and Gregg Shapiro at Gregg Shapiro Law.

  • Bankruptcy Ruling Provides Guidance On 363 Asset Sales

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    HE v. Avadim Holdings, a recent ruling from the District of Delaware, underscores the principle that rejection of executory contracts does not unwind completed transfers of property and the importance of clear and precise language in sale orders and asset purchase agreements in bankruptcy cases, say attorneys at Eversheds Sutherland.

  • FLSA Ruling Shows Split Over Court Approval Of Settlements

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    A Kentucky federal court's recent ruling in Bazemore v. Papa John's highlights a growing trend of courts finding they are not required, or even authorized, to approve private settlements releasing Fair Labor Standards Act claims, underscoring a jurisdictional split and open questions that practitioners need to grapple with, say attorneys at Vedder Price.

  • Dewberry Ruling Is A Wakeup Call For Trademark Owners

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    The U.S. Supreme Court's decision in Dewberry v. Dewberry hones in on the question of how a defendant's affiliates' profits should be treated under the Lanham Act, and should remind trademark litigants and practitioners that issues involving monetary relief should be treated seriously, say attorneys at Finnegan.

  • A Look At The Student Loan Case Pending At Supreme Court

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    The Trump administration is likely to drop the U.S. Supreme Court case of U.S. Department of Education v. Career Colleges and Schools of Texas after its review of the 2022 borrower defense to repayment rule, but any outcome will be significant for institutions participating in programs covered by Title IV of the Higher Education Act, say attorneys at Duane Morris.

  • When Reincorporation Out Of Del. Isn't A Good Idea

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    While recent high-profile corporate moves out of Delaware have prompted discussion about the benefits of incorporation elsewhere, for many, remaining in the First State may be the right decision due to its deep body of business law, tradition of nonjury trials and other factors, say attorneys at Goodwin.

  • Perspectives

    11th Circ. Ruling Shows How AEDPA Limits Habeas Relief

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    The Eleventh Circuit's recent decision to uphold an Alabama man's death sentence reveals how the Antiterrorism and Effective Death Penalty Act can prevent meaningful review and has eroded the power of habeas corpus petitions by forcing federal courts to pay extraordinary deference to state-level rulings, says Paul Shechtman at Yale Law School.

  • Navigating The Uncertain Future Of The Superfund PFAS Rule

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    The D.C. Circuit's recent grant of a pause in litigation while the U.S. Environmental Protection Agency reviews the Biden-era designation of two per- and polyfluoroalkyl substances as "hazardous" under the Superfund law creates new uncertainty for companies — but more lawsuits are likely as long as the rule remains in effect, say attorneys at Alston & Bird.

  • 7 Tips For Associates To Thrive In Hybrid Work Environments

    Excerpt from Practical Guidance
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    As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.

  • Series

    Playing Beach Volleyball Makes Me A Better Lawyer

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    My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.

  • 30 Years Later: How PSLRA Has Improved Securities Litigation

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    In the 30 years since the Private Securities Litigation Reform Act's passage, the statute has achieved its purpose of shifting securities class actions to investors most capable of monitoring the litigation, selecting competent counsel at competitive rates and maximizing recoveries for the investor classes they represent, say attorneys at Bernstein Litowitz.

  • Terraform Case May Be Bellwether For Crypto Enforcement

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    The prosecution of crypto company Terraform Labs and its CEO, Do Kwon, offers a unique test of the line between lawful and unlawful conduct in digital transactions, and the Trump administration’s posture toward the case will provide clues about its cryptocurrency enforcement agenda in the years to come, say attorneys at Brooks Pierce.

  • How Law Firms Can Counteract The Loneliness Epidemic

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    The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.

  • What's At Stake In High Court's Class Member Standing Case

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    The U.S. Supreme Court’s eventual decision in Labcorp v. Davis could significantly alter how parties prosecute and defend class actions in federal court, particularly if the court determines some proof of member standing is required before a class may be certified, say attorneys at Reed Smith.

  • What Remedies Under New Admin's SEC Could Look Like

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    The U.S. Securities and Exchange Commission is likely to substantially narrow the remedies it pursues over the next few years, driven by the mounting challenges it faces in court, as well as the views of its incoming chair and fellow Republican commissioners on injunctions, penalties and disgorgement, say attorneys at Milbank.

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