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Appellate
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July 01, 2025
DC Circ. Says NLRB Rightly Axed Claim Of Union Betrayal
A split D.C. Circuit has upheld the National Labor Relations Board's dismissal of allegations that a transportation union betrayed a member by suggesting that he be fired after a spat with a co-worker, with the majority saying Tuesday that the NLRB properly determined that the suggestion wasn't serious.
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July 01, 2025
ACLU Wants To Oppose Ex-Yale Student's Defamation Suit
Saying the issue is too important to sit out, the ACLU's Connecticut litigation arm and other nonprofits have asked a state appeals court's permission to file a friend-of-court brief to support different organizations that filed a rejected amicus brief in a separate case and were sued for defamation.
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July 01, 2025
4th Circ. Affirms CVS Win In Vaccine Injury Suit
CVS Pharmacy can't be held liable for the chronic neurological injuries a woman suffered due to the allegedly improper injection of two vaccines, the Fourth Circuit ruled Tuesday in a published opinion, noting that federal law shields the company for one of the shots, and it's unclear which caused the harm.
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July 01, 2025
The Sharpest Dissents From The Supreme Court Term
The term's sharpest dissents often looked beyond perceived flaws in majority reasoning to raise existential concerns about the role and future of the court, with the justices accusing one another of rewarding executive branch lawlessness, harming faith in the judiciary and threatening democracy, sometimes on an emergency basis with little briefing or explanation.
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July 01, 2025
Full Fed. Circ. Rejects Mylan Rehearing Bid In Patent Case
The full Federal Circuit on Tuesday shot down Mylan's request for the court to reconsider a March ruling that the company's planned generic version of schizophrenia drug Invega Trinza would cause physicians to infringe a Janssen patent.
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July 01, 2025
Calif. Panel Backs Warner Bros.' Win In Writer's Film Theft Suit
A California appeals court refused to revive a writer's lawsuit alleging Warner Bros.' film "Life of the Party" was a "cinematic clone" of her concept about a mother going to college with her daughter, ruling Monday the evidence shows the film was independently created without knowledge of the plaintiff's ideas.
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July 01, 2025
Mich. Judge Probes Conflict In Ex-GC's Whistleblower Suit
A Michigan appellate judge Tuesday pressed an attorney representing a town's former general counsel for proof that his client was fired for reporting what he described as corruption, suggesting his role as both human resources director and general counsel may have created inherent conflicts justifying the dismissal.
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July 01, 2025
All Eyes On Congress After FCC Subsidy's High Court Win
Supporters of the Federal Communications Commission's subsidies for phone and broadband service notched a clear win at the U.S. Supreme Court last week when justices upheld the Universal Service Fund's levy on telecom companies, but lawmakers now face pressure to beef up the $9 billion program's revenue sources.
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July 01, 2025
RI Urges 1st Circ. To Toss Challenge To Pot License Regs
Rhode Island marijuana regulators told the First Circuit on Tuesday that a lower court federal judge was correct to toss a constitutional challenge to the state's cannabis regulations, which had not yet been published when the lawsuit was initially filed.
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July 01, 2025
Justices Face Busy Summer After Nixing Universal Injunctions
The U.S. Supreme Court's decision to limit nationwide injunctions was one of its biggest rulings of the term — a finding the court is likely going to be dealing with all summer. Here, Law360 takes a look at the decision, how it and other cases on the emergency docket overshadowed much of the court's other work, and what it all means for the months to come.
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July 01, 2025
Hurricane Beryl Lawsuits Combined Into MDL
The Texas Multi-District Litigation Panel has agreed to consolidate cases stemming from a July 2024 hurricane into an MDL.
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July 01, 2025
Compounding Restitution Is Unconstitutional, High Court Told
Nonprofits, think tanks and legal scholars filed briefs this week urging the U.S. Supreme Court to rule that a federal law requiring criminals to continue paying restitution with compounding interest for decades after conviction is unconstitutional because it can exponentially increase punishment for a crime.
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July 01, 2025
No New Trial, But $10.5M Ga. MedMal Verdict Could Be Cut
A Georgia OB-GYN practice that was hit with a $10.5 million verdict over the death of prematurely delivered twins was denied a shot at a new trial Tuesday by the Georgia Court of Appeals, but could get a chance to slash the judgment thanks to a recent Supreme Court of Georgia ruling.
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July 01, 2025
Unvaccinated Ex-Staffer Can Pursue Leaked Health Info Claims
A Missouri appeals court on Tuesday revived a former hospital staffer's claims that her former employer failed to protect her medical records while she was a patient, leading to her coworkers finding out she was unvaccinated against the COVID-19 virus and them harassing her until she resigned.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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How Mass Arbitration Defense Strategies Have Fared In Court
As businesses face consumers who leverage arbitration agreements to compel mass arbitration, companies are trying defense strategies like batching arbitration cases to reduce costs, and escaping specific mass arbitrations without rejecting the process completely, with varying results in the courtroom, say attorneys at Montgomery McCracken.
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FTC Focus: Interlocking Directorate Enforcement May Persist
Though the Federal Trade Commission under Chair Andrew Ferguson seems likely to adopt a pro-business approach to antitrust enforcement, his endorsement of broader liability for officers or directors who illegally sit on boards of competing corporations signals that businesses should not expect board-level antitrust scrutiny to slacken, says Timothy Burroughs at Proskauer.
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How Cos. Can Navigate Risks Of New Cartel Terrorist Labels
The Trump administration’s recent designation of eight drug cartels as foreign terrorist organizations gives rise to new criminal and civil liabilities for companies that are unwittingly exposed to cartel activity, but businesses can mitigate such risks in a few key ways, say attorneys at Steptoe.
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Mass. Suit Points To New Scrutiny For Home Equity Contracts
The Massachusetts attorney general’s recent charge that a lender sold unregulated reverse mortgages shows more regulators are scrutinizing mortgage alternatives like home equity contracts, but a similar case in the Ninth Circuit suggests more courts need to help develop a consensus on these products' legality, say attorneys at Weiner Brodsky.
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Bid Protest Spotlight: Size, Supply Schedules, SINs
In this month's bid protest roundup, Alissandra McCann at MoFo examines three recent decisions, two of which offer helpful reminders for U.S. General Services Administration schedule holders drafting blanket purchase agreement proposals, and one for small-business joint ventures to avoid running afoul of the U.S. Small Business Administration's two-year rule.
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4th Circ. Latest To Curb Short-Seller Usage In Securities Suits
The Fourth Circuit's recent decision in Defeo v. IonQ will serve as a powerful and persuasive new precedent for corporate defendants as courts continue curtailing securities class action plaintiffs' use of short-seller reports to plead federal securities law claims, say attorneys at Alston & Bird.
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Perspectives
Reading Tea Leaves In High Court's Criminal Law Decisions
The criminal justice decisions the U.S. Supreme Court will announce in the coming weeks will reveal whether last term’s fractured decision-making has continued, an important data point as the justices’ alignment seems to correlate with who benefits from a case’s outcome, says Sharon Fairley at the University of Chicago Law School.
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8 Strategies For Proving The Laws Of Foreign Countries
A recently decided case in Virginia federal court highlighted some of the pitfalls surrounding expert testimony on foreign law, but certain strategies are available to counsel to circumvent these dilemmas, say attorneys at Arnold & Porter.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Hints Of Where Enforcement May Grow Under New CFPB
Though the Consumer Financial Protection Bureau has significantly scaled back enforcement under the new administration, states remain able to pursue Consumer Financial Protection Act violators and the CFPB seems set to enhance its focus on predatory loans to military members and fraudulent debt collection and credit reporting practices, say attorneys at MoFo.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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Jurisdictional Issues At Play In 9th Circ.'s FCA Trade Case
A decision by the Ninth Circuit in Island Industries v. Sigma Corp. could result in the U.S. Court of International Trade’s exclusive jurisdiction over trade-related FCA cases, a big shift in the enforcement landscape just as tariffs take center stage in trade policy, say attorneys at Haynes Boone.
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Deregulation Memo Presents Risks, Opportunities For Cos.
A recent Trump administration memo providing direction to agencies tasked with rescinding regulations under an earlier executive order — without undergoing the typical notice-and-review process — will likely create much uncertainty for businesses, though they may be able to engage with agencies to shape the regulatory agenda, say attorneys at Blank Rome.
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4th Circ. 'Actionable Inaccuracy' Finding Deepens FCRA Split
The Fourth Circuit's March finding in Roberts v. Carter-Young Inc. that an actionable inaccuracy under the Fair Credit Reporting Act can be both legal and factual widens an existing circuit split and should prompt furnishers to review their processes for investigating readily verifiable information, say attorneys at Blank Rome.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.