Appellate

  • July 01, 2025

    Mass. Justices Affirm Insurers Can Tap Workers' Comp Fund

    Insurers who have stopped writing workers' compensation policies but are still paying on older claims in Massachusetts are entitled to partial reimbursement from a state trust fund created to offset the higher costs of covering some individuals, because the money comes from employers rather than the insurers, the state's highest court concluded on Tuesday.

  • July 01, 2025

    Ga. Justices To Review $33M Verdict In Student Crash Death

    The Supreme Court of Georgia has agreed to review a state appellate court's decision that a metro Atlanta city must pay a $33 million verdict awarded to the parents of a college student who died after crashing into a roadside planter.

  • July 01, 2025

    US Attorney Picks Include Alina Habba And Senator's Son

    The president sent 14 U.S. attorney nominations to the Senate on Tuesday, including Alina Habba, the president's former counselor and personal attorney, for the District of New Jersey and Arch Moore Capito, the son of Sen. Shelley Moore Capito, R-W. Va., for the Southern District of West Virginia.

  • July 01, 2025

    Texas Law Shield Must Face Revived Client Solicitation Suit

    A Texas appeals court has revived an anti-barratry lawsuit accusing a legal organization that advises people hit with firearms-related actions of illegally and unethically marketing attorney services during a training session on active shooters in late 2022, finding that fact issues raised in the case had not been addressed.

  • July 01, 2025

    Pa. Leaders Split At 3rd Circ. Over Tossing Undated Votes

    A Third Circuit panel's uncertainty over Pennsylvania's rejection of undated mail-in ballots intensified Tuesday during an oral argument as top Keystone State officials took opposing sides about the constitutionality of the date requirement.

  • July 01, 2025

    Top Personal Injury, Med Mal News: 2025 Midyear Report

    A U.S. Supreme Court ruling over whether personal injury claims can be brought under a RICO statute and a $7.4 billion settlement reached with the Sackler family and Purdue Pharma are among Law360's top personal injury and medical malpractice cases from the first six months of 2025.

  • July 01, 2025

    4th Circ. Says Rig Worker Not A Party To Arbitration Pact

    A rig worker's limited liability company — but not the worker himself — is a party to an oil and gas company's arbitration agreement, the Fourth Circuit ruled Tuesday, rejecting the firm's bid to send the former employee's wage and hour suit to arbitration.

  • July 01, 2025

    7th Circ. Backs Walmart's 'Raw Honey' False Ad Dismissal Win

    A Walmart customer who accused the retail giant of falsely labeling processed honey as raw or organic "pled himself out of court" by acknowledging the product's higher chemical compound levels could have other obvious explanations beyond simply overheating, the Seventh Circuit said Tuesday.

  • July 01, 2025

    Proxy Firms Don't 'Solicit' Investor Votes, DC Circ. Rules

    A D.C. Circuit panel Tuesday ruled that proxy advisory firms do not "solicit" proxy votes, thus denying a manufacturing industry group's attempt to revive a U.S. Securities and Exchange Commission rule regulating those firms.

  • July 01, 2025

    2nd Circ. Scrubs $4M Wet Wipes Settlement Over Atty Fees

    The Second Circuit on Tuesday vacated a $4 million settlement agreement to end claims that wet wipes made by Kimberly-Clark Corp. are not flushable as advertised, saying the trial court didn't properly consider the allocation of recovery between class counsel and the class.

  • July 01, 2025

    Groups Urge Fed. Circ. To Stop USPTO Retroactive Denials

    Advocacy groups in the communications, automotive and technology fields have thrown their support behind Motorola's challenge of the U.S. Patent and Trademark Office's decision to retroactively apply a decision withdrawing earlier guidance on when the Patent Trial and Appeal Board should not review patent challenges.

  • July 01, 2025

    Fed. Circ. Won't Revisit Jepson Claim Ruling In Xencor IP Case

    The Federal Circuit won't rethink the U.S. Patent and Trademark Office's decision rejecting Xencor's application for an antibody patent that used the so-called Jepson claim format.

  • July 01, 2025

    Senate Passes Budget Bill, Rebuking National Injunctions

    The Senate voted 51-50 on Tuesday to pass the budget reconciliation bill, including various provisions that seek to greatly restrict the use of nationwide injunctions, which Republicans heavily criticized after district courts repeatedly stalled parts of President Donald Trump's agenda with the legal maneuver.

  • July 01, 2025

    ND, Tribes Spar Over High Court Order In 8th Circ. Voting Row

    Two Indigenous tribes and North Dakota's secretary of state are feuding in the Eighth Circuit about how much weight a recent U.S. Supreme Court ruling that found a Planned Parenthood patient doesn't have a private right to sue South Carolina carries over a bid to rehear a voting rights dispute.

  • June 30, 2025

    Fed. Circ. Faults PTAB Ax Of Patent On Bausch Eye Drops

    The Federal Circuit ruled Monday that the Patent Trial and Appeal Board wrongly invalidated all the claims of a patent that Bausch & Lomb licenses for its Lumify eye drops, saying the board used an incorrect claim construction when siding with generics maker Slayback Pharma.

  • June 30, 2025

    Trump Tariff Challenge Belongs In Trade Court, Groups Argue

    The America First Legal Foundation and Coalition for a Prosperous America on Monday backed the federal government in an appeal brought by toy makers challenging President Donald Trump's emergency tariffs, arguing that the lower court should've never issued an injunction because the dispute belongs in the U.S. Court of International Trade.

  • June 30, 2025

    9th Circ. Nixes Suit Against Allianz Over $6B Fraud Sentence

    A man can't bring securities fraud claims against Allianz SE after one of the German financial services giant's former businesses pled guilty to investment fund fraud and was ordered to pay roughly $6 billion, the Ninth Circuit ruled, finding he failed to sufficiently allege Allianz SE itself acted fraudulently.

  • June 30, 2025

    Detainees Say Alien Enemies Act Meant For 'Large Scale' War

    A group of Venezuelans facing deportation over accusations of gang affiliation told the Fifth Circuit on Monday that the nation's founders didn't intend for a rarely invoked 1798 law to be used for anything other than "large-scale" war.

  • June 30, 2025

    Supreme Court May Shape Future Of ISP Liability In Cox Case

    The U.S. Supreme Court's decision Monday to take on a $1 billion battle between major music publishers and Cox Communications Inc. could set new liability boundaries for internet service providers that have faced significant damages for allegedly not curbing users who repeatedly download songs illegally.

  • June 30, 2025

    NY Court Grants Man New Trial, Allows Affirmative Defense

    A man convicted of murder for his role in a robbery that left one victim dead should have been allowed to present evidence that he didn't know his codefendants were planning a crime when he drove them to the scene, a New York state appeals court said, granting him a new trial.

  • June 30, 2025

    DC Circ. Tosses Conn. LPTV Station's Licensing Challenge

    A D.C. Circuit panel rejected a Connecticut television licensee's challenge to the eligibility criteria used to determine which stations qualify for small-market protections provided under a federal law aimed at safeguarding local and rural broadcasting.

  • June 30, 2025

    Fed. Circ. Affirms Mixed PTAB Rulings On Computing IP

    The Federal Circuit on Monday backed the Patent Trial and Appeal Board's finding that Amazon was able to show a Swarm Technology computer processing patent was invalid but refused to throw out a separate patent.

  • June 30, 2025

    Texas Panel Says Suit Challenging Abortion Travel Is Unripe

    A split Texas appeals court panel found Monday that several anti-abortion groups lack standing to sue the city of San Antonio for allegedly earmarking money to pay for out-of-state abortion travel, saying the money had not gone out yet and the groups' claims were not ripe.

  • June 30, 2025

    Catching Up With Delaware's Chancery Court

    Delaware's Supreme Court was kept busy this past week with litigants' attempts to challenge its previous decisions, as well as those of Delaware's Court of Chancery, which included an argument that the state's high court incorrectly ruled in favor of energy company Boardwalk Pipeline Partners LP by rejecting the Chancery's decision upholding class claims branding the call-in of public shares unfair. In case you missed it, here's the latest from the Delaware Chancery Court.

  • June 30, 2025

    Supreme Court Passes On FSIA Terrorism Exception Dispute

    The U.S. Supreme Court refused Monday to revive litigation filed by victims of nonlethal terrorist attacks seeking to hold Iran and Syria accountable as alleged state sponsors of terrorism, nixing a petition that sought clarity on the Foreign Sovereign Immunities Act's terrorism exception.

Expert Analysis

  • Legal Ethics Considerations For Law Firm Pro Bono Deals

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    If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.

  • How To Address FCA Risk After 4th Circ. Ruling On DEI Orders

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    Following the Fourth Circuit's ruling in National Association of Diversity Officers in Higher Education v. Trump, which freed the administration to enforce executive orders targeting diversity, equity and inclusion programs, government contractors should take stock of potentially unlawful DEI programs, given their heightened risk under the False Claims Act, say attorneys at Sidley.

  • Del. Dispatch: Open Issues After Corp. Law Amendments

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    Recent amendments to the Delaware General Corporation Law represent a significant change in the future structuring of boards and how the First State will approach conflicted transactions, but Delaware courts may interpret the amendments narrowly, limiting their impact, say attorneys at Fried Frank.

  • 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.

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