Appellate

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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."

  • July 02, 2025

    Houston Rodeo Says Unique Policy Means COVID Coverage

    The Houston Livestock Show and Rodeo is asking an appellate court to reverse a summary judgment win in favor of its insurer, arguing two provisions of its policy mean it's covered for business losses it sustained during the COVID-19 pandemic.

  • July 02, 2025

    DC Circ. Stands By Decision Nixing $7B Power Line Fight

    The D.C. Circuit has rejected an en banc rehearing petition from Illinois landowners and farmers challenging the Federal Energy Regulatory Commission's decision to issue a license for the $7 billion Grain Belt Express transmission project, affirming an appellate panel and a district court's findings that the plaintiffs lack standing.

  • July 02, 2025

    Former FTC General Counsel Joins Orrick In New York

    The former general counsel of the U.S. Federal Trade Commission has made the move to private practice at Orrick Herrington & Sutcliffe LLP in New York.

  • July 02, 2025

    Seaman Can't Seek Punitive Damages In Hand Injury Suit

    A Florida appeals court on Wednesday found that an injured seaman can't amend his complaint against his employer alleging that it mistreated him following his injury to add a punitive damages claim, saying he has failed to allege that the company engaged in callous, egregious or lax conduct.

  • July 02, 2025

    Mich. Justices Say Old Insurance Policies Violated New Limits

    In a closely divided order Wednesday, the Michigan Supreme Court held that insurance policies straddling the dates for which 2019 no-fault reforms went into effect are subjected to post-reform increased limits for liability, reversing a lower appellate opinion in favor of insurers.

  • July 02, 2025

    6th Circ. Backs Cigna's Win In Emergency Room Billing Suit

    The Sixth Circuit has ruled that Cigna did not have to face an unjust enrichment lawsuit brought against it by two Tennessee hospitals alleging the insurer underpaid them for out-of-network emergency services, backing a lower court's dismissal order.

  • July 02, 2025

    The Funniest Moments Of The Supreme Court's Term

    After justices and oral advocates spent much of an argument pummeling a lower court's writing talents, one attorney suggested it might be time to move on — only to be told the drubbing had barely begun. Here, Law360 showcases the standout jests and wisecracks from the 2024-25 U.S. Supreme Court term.

  • July 02, 2025

    9th Circ. Limits Cracker Barrel Collective To In-State Workers

    A nationwide collective of Cracker Barrel servers in a wage and hour case is too vast, the Ninth Circuit ruled, saying members who worked for the restaurant chain outside Arizona, where the suit was launched, should not have been permitted to join.

  • July 02, 2025

    11th Circ. Voids Injunction Shielding Trans Teacher's Job

    The Eleventh Circuit struck down an order allowing a transgender public school teacher to keep her job while she challenges a Florida law regulating workplace pronouns, ruling Wednesday that she wasn't likely to succeed on claims that the statute violates her free speech rights.

Expert Analysis

  • Fed. Circ. Offers Lesson On Gov't Data Rights In Contracts

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    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.

  • Birthright Ruling Could Alter Consumer Financial Litigation

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    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.

  • Fed. Circ. In April: Introducing New Evidence During IPR

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    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.

  • 1st Circ. Ruling Widens Split Over Sentencing Enhancements

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    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.

  • A Cautionary Fed. Circ. Tale On Design Patents

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    The Federal Circuit's decision last month in Floyd highlights a risk in design patent prosecution — attempting to claim priority to a utility application, says John Hemmer at Morgan Lewis.

  • Series

    Power To The Paralegals: An Untapped Source For Biz Roles

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    Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.

  • Google Case Amicus Briefs Reveal Patent Damage Fault Lines

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    The 21 amicus briefs filed before the en banc rehearing of EcoFactor v. Google offer opposing viewpoints on important patent damages issues that extend beyond the specific question the Federal Circuit eventually ruled on, helping practitioners anticipate and address likely objections to future damages opinions, say attorneys at Stout.

  • Using Federal Forum Provisions To Nix State Securities Cases

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    A California appeals court's recent decision in Bullock v. Rivian clarifies that underwriters may enforce federal forum provisions to escape state court Securities Act claims, marking progress in restoring such lawsuits to federal court and reducing the litigation costs arising from duplicative state court litigation, say attorneys at Paul Weiss.

  • 30 Years Later: 2nd Circ.'s Road To Arbitral Preemption

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    The Second Circuit's recent decision in Lloyds of London v. 3131 Veterans Blvd. overturns its own 1995 precedent and squares its position with decades of circuit court jurisprudence holding that international arbitration agreements must take primacy over state anti-arbitration insurance laws, say attorneys at Linklaters.

  • Series

    Playing Poker Makes Me A Better Lawyer

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    Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.

  • Series

    Law School's Missed Lessons: Becoming A Firmwide MVP

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    Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.

  • 9th Circ. Ruling Clarifies Derivative Suit Representation Test

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    The Ninth Circuit's recent ruling in Bigfoot Ventures v. Knighton clarifies the test used to assess the adequacy of a plaintiff's representation in a shareholder derivative action, and will likely prove useful to litigants by ensuring that courts can fully examine all relevant circumstances, say attorneys at Simpson Thacher.

  • Patenting AI And Machine Learning In The Wake Of Recentive

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    Though the Federal Circuit's recent decision in Recentive Analytics v. Fox Corp. initially appears to doom patents related to artificial intelligence and machine learning, a closer look shows that strategies for successfully drafting and prosecuting such patents offer hope despite increased pushback from the U.S. Patent and Trademark Office, say attorneys at Banner Witcoff.

  • Age Bias Suit Against Aircraft Co. Offers Lessons For Layoffs

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    In Raymond v. Spirit AeroSystems Holdings, an aircraft maker's former employees recently dismissed their remaining claims after the Tenth Circuit rejected their nearly decade-old collective action alleging age discrimination stemming from a 2013 reduction in force, reminding employers about the importance of carefully planning and documenting mass layoffs, say attorneys at Cooley.

  • Trade Secrets Would Likely See Court Protection From GenAI

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    The advent of generative artificial intelligence has given rise to debate about how this technology will affect intellectual property rights and trade secret protections in particular, but courts to date have protected owners when technological advances have facilitated new means for trade secret theft, say attorneys at Kilpatrick Townsend.

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