Appellate

  • July 08, 2025

    3rd Circ. Probes Constitutionality Of NJ Judicial Privacy Law

    A Third Circuit panel on Tuesday dug into the constitutionality of a New Jersey judicial privacy statute, with data brokers, a data protection company and the state debating whether the law provides a vital safeguard or imposes too-burdensome restrictions on the publication of publicly available information.

  • July 08, 2025

    Fla. Panel Fights Judge's Bid To Ax Fake-Recording Charges

    A Florida judicial ethics panel has said a judge in Broward County cannot escape ethics charges stemming from her 2024 election campaign, when she allegedly publicly shared a fabricated recording of a chief judge disparaging another judge.

  • July 08, 2025

    3rd Circ. Gives Philly Bus Driver Fresh Chance At FMLA Suit

    The Third Circuit on Tuesday reinstated a former Philadelphia bus driver's lawsuit alleging public transit authority SEPTA bucked the Family and Medical Leave Act when it fired him for missing work due to his sickle cell anemia.

  • July 08, 2025

    Trump Admin Backs Off Plan To Revisit Biden Asbestos Ban

    The U.S. Environmental Protection Agency on Monday told the Fifth Circuit it's not going to revise a Biden-era rule strengthening restrictions on asbestos use, and asked the court to restart litigation challenging the Biden rule.

  • July 08, 2025

    High Court Allows Trump's Gov't Cuts And Restructuring

    The U.S. Supreme Court on Tuesday ruled the Trump administration can move forward with its plans for large-scale layoffs and reorganizations at various federal departments and agencies, lifting a California federal judge's order that had paused the efforts while a legal challenge continues.

  • July 08, 2025

    The Biggest Copyright Rulings Of 2025: A Midyear Report

    Two California judges were the first to deliver crucial rulings about what constitutes fair use in training generative artificial intelligence models — a question expected to test the boundaries of the copyright doctrine amid the emergence of the groundbreaking technology. Here is Law360's list of the biggest copyright decisions so far this year.

  • July 08, 2025

    Pa. County Wants 3rd Circ. To Revive Dominion Contract Suit

    A central Pennsylvania county in hot water with state officials for unauthorized inspections of its voting equipment wants the Third Circuit to reconsider its commissioners' standing to bring a lawsuit against Dominion Voting Systems.

  • July 08, 2025

    Fed. Circ. Won't Revive EcoFactor Thermostat Patent Claims

    The Federal Circuit on Tuesday refused to revive a series of EcoFactor Inc. patents related to energy-efficient smart thermostats, backing Patent Trial and Appeal Board findings that Google showed the patents were invalid.

  • July 08, 2025

    After Conviction Upheld, Bridge Fraudster Gets Time Served

    A government contractor whose wire fraud conviction was upheld by the U.S. Supreme Court was resentenced to time served in Pennsylvania federal court on Tuesday.

  • July 08, 2025

    Calif. Justices Say Elected Officials Lack Whistleblower Shield

    California elected officials are not covered by the state's whistleblower protections because they don't fall under the definition of employees, the California Supreme Court ruled, affirming a state appeals court decision to nix a retaliation suit from the City of Inglewood's former elected treasurer.

  • July 08, 2025

    NLRB Defends Multiemployer Talks Ruling At 6th Circ.

    The Sixth Circuit must uphold a National Labor Relations Board decision dinging a construction company for unlawfully locking out workers to make their union negotiate, the board argued, saying it correctly interpreted nearly 70-year-old agency precedent about withdrawing from multiemployer bargaining.

  • July 08, 2025

    US Supreme Court Term In Review: What You Need To Know

    The U.S. Supreme Court considered many significant legal issues this term, including the proper venue for challenging agency actions and the level of scrutiny courts should apply to bans on gender-affirming care for transgender minors. But the emergency docket and a decision limiting nationwide injunctions loomed large. Here, Law360 takes a look at the cases and those who litigated them, as well as the sharpest writings from the justices.

  • July 08, 2025

    11th Circ. Says Circumstantial Proof Backs Gun Conviction

    The Eleventh Circuit affirmed a 51-month sentence against a man who was convicted of possession of a firearm while he was a convicted felon, saying the circumstantial evidence in the case was enough to sustain the verdict.

  • July 07, 2025

    6th Circ. Affirms Toss Of 'Que Sera, Sera' Writer's Family Spat

    The Sixth Circuit Monday refused to revive a royalties spat between the granddaughter and daughter of Jay Livingston, the late Oscar-winning co-songwriter of "Que Sera, Sera," saying in a published opinion that the granddaughter failed to plausibly allege that her mom's bids to terminate copyright grants were invalid.

  • July 07, 2025

    9th Circ. Backs Sanctions For Jehovah's Witnesses' Atty

    The Ninth Circuit Monday upheld nearly $160,000 in sanctions against the general counsel for a Jehovah's Witnesses group accused of submitting a misleading affidavit to a Montana federal court in litigation brought by women alleging they endured sexual assault as children at the hands of church officials.

  • July 07, 2025

    Calif. Justices Disbar SF Atty For Defrauding Elderly Client

    The California Supreme Court has ordered the disbarment of a San Francisco lawyer who authorities say overcharged an elderly trust account client with advanced dementia, finding that he "repeatedly failed to uphold the most basic duties of an attorney" and is "unfit to serve as a member of the bar."

  • July 07, 2025

    Bar Urges NC Court To Affirm Exit From Shooting Suit

    A Charlotte-based bar told a North Carolina state appeals court that it bears no blame for a man's fatal shooting at another restaurant, arguing its staff couldn't have foreseen the attack even if they supposedly overserved the shooter hours earlier.

  • July 07, 2025

    Fla. Panel Upholds Tossing Suit To Unseat Miami Official

    A Florida state appellate court on Monday declined to reinstate a lawsuit two property developers filed in their effort to forcibly remove a Miami commissioner via the city's charter after a federal jury ruled he was liable for violating civil rights, saying the developers lacked standing. 

  • July 07, 2025

    Annoyed Fed. Circ. Judge Unsure Where To Land In Drug Row

    An irascible Federal Circuit judge chewed out both sides of the aisle Monday morning during arguments over a generic endocrine disorder drug, and although she accused one attorney of "beating a straw man to death," the judge said she still wasn't sure how she would decide the appeal.

  • July 07, 2025

    5th Circ. Says Apple Didn't Suppress Union In NYC

    The Fifth Circuit on Monday reversed the National Labor Relations Board's ruling that Apple illegally interrogated a leader of a Manhattan store organizing campaign and confiscated union flyers, saying the manager's questions were benign and the confiscations were routine tidying.

  • July 07, 2025

    Fed. Circ. Digs Into Domestic Industry For Apple Watch Appeal

    A Federal Circuit panel on Monday struggled with how to meet domestic industry requirements needed for the U.S. International Trade Commission to issue import bans, as it evaluated the agency's high-profile decision to keep certain Apple Watches out of the U.S.

  • July 07, 2025

    Pittsburgh Post-Gazette Says NLRB Can't Dictate Business

    The publisher of the Pittsburgh Post-Gazette told the Third Circuit Monday that the National Labor Relations Board was impermissibly dictating business decisions for the struggling newspaper when it ruled the paper's contract proposals were unacceptable and made in bad faith.

  • July 07, 2025

    Ioengine Wants Fed. Circ. To Rethink IPR Estoppel Ruling

    Ioengine LLC on Monday urged the Federal Circuit to rethink a panel's decision backing a jury's invalidation of its flash drive patents for being publicly available, saying the decision would upend a balance meant to protect patent owners against repetitive legal attacks.

  • July 07, 2025

    11th Circ. Backs Fla. County In Firing Over Anti-Gay Blog

    The Eleventh Circuit has affirmed a lower court decision tossing a lawsuit brought by a former Miami-Dade County communications aide who was fired for authoring a transphobic and anti-gay blog post, ruling the county's interest in effectively fulfilling its responsibilities outweighed the aide's free speech rights.

  • July 07, 2025

    Progressive Gets Car Value Class Cert. Overturned At 3rd Circ.

    The Third Circuit on Monday reversed a lower court's decision to certify classes of Pennsylvania drivers who accuse Progressive Insurance units of breaching their contracts by systematically underestimating the actual cash value of their totaled cars, finding that the lower court misapplied the standard to determine whether common issues predominate.

Expert Analysis

  • 3 Rulings May Reveal Next Frontier Of Gov't Contract Cases

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    Several U.S. Supreme Court decisions over the past year — involving wire fraud, gratuities and obstruction — offer wide-ranging and arguably conflicting takeaways for government contractors that are especially relevant given the Trump administration’s focus on diversity, equity and inclusion initiatives, say attorneys at Rogers Joseph.

  • NCAA Settlement Kicks Off New Era For Student-Athlete NIL

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    A landmark settlement stemming from 15 years of litigation between schools and the NCAA reflects a major development in college athletics by securing compensation for usage of student-athletes' names, images and likenesses, and schools hoping to take advantage of new opportunities should take proactive steps to comply with new rules, say attorneys at Manatt.

  • 7th Circ. Insurance Ruling Resolves Major Jurisdictional Issue

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    The Seventh Circuit recently confirmed in StarStone Insurance v. Chicago that attorney fees and costs paid as part of a settlement are covered — while unexpectedly raising and answering a question of first impression about federal jurisdiction over foreign entities, says Lara Langeneckert at Barnes & Thornburg.

  • DOJ May Rethink Banning Firearms For Marijuana Users

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    In light of various federal circuit court decisions and an executive order from President Donald Trump, U.S. Department of Justice enforcement policy now may be on the verge of changing decidedly in favor of marijuana users' gun rights, and could foreshadow additional marijuana-friendly reforms, says Jacob Raver at Dentons.

  • EDNY Ruling May Limit Some FARA Conspiracy Charges

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    Though the Eastern District of New York’s recent U.S. v. Sun decision upheld Foreign Agents Registration Act charges against a former aide to New York Gov. Kathy Hochul, its recognition of an affirmative legislative policy to exempt some officials may help defendants charged with related conspiracies, say attorneys at ArentFox Schiff.

  • 9th Circ. Has Muddied Waters Of Article III Pleading Standard

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    District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.

  • Fla. Workers' Comp Ruling Ups Bar For Emotional Injury Suits

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    A Florida appellate court’s recent opinion in Steak 'N Shake v. Spears requires that employees solely claiming emotional distress seek workers’ compensation before suing their employers, closing a potential loophole and reducing the potential proliferation of such disputes in Florida courts, says Rob Rogers at Kirwin Norris.

  • Contract Disputes Recap: Spearin, Overpayments, Jurisdiction

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    Edward Arnold at Seyfarth examines three recent decisions addressing the limits of the Spearin doctrine in design-build contracts, the government's ability to recoup overpayments after a termination for convenience, and the Contract Disputes Act's strict and nonwaivable jurisdictional rules.

  • What Calif. Appeals Split Means For Litigating PAGA Claims

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    After two recent California state appeals court rulings diverged on whether a former employee with untimely individual claims under the Private Attorneys General Act can maintain a representative action, practitioners' strategic agility will be key to managing risk and achieving favorable outcomes in PAGA litigation, say attorneys at Buchalter.

  • Series

    Competing In Modern Pentathlon Makes Me A Better Lawyer

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    Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.

  • NY Case Shows How LLC Agreements Can Be Amended

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    The New York Court of Appeals in Behler v. Tao recently held that a merger clause contained in an amended limited liability company agreement superseded and extinguished an alleged oral agreement between the parties, highlighting the importance of determining early how and when an LLC agreement may be amended, says Kerrin Klein at Olshan Frome.

  • If Justices Accept, Maxwell Case May Clarify Meaning Of 'US'

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    If the U.S. Supreme Court agrees to take up Ghislaine Maxwell’s appeal, it could clarify the meaning of “United States” in the context of plea agreements, and a plain language interpretation of the term would offer criminal defendants fairness and finality, say attorneys at Kudman Trachten.

  • The State Of Play In Copyright Protection For Floor Plans

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    With questions over copyright protections for floor plans potentially teed up in front of the U.S. Supreme Court, attorneys in the real estate industry should take steps to clarify and strengthen clients' rights and reduce the risk of litigation, says Dylan I. Scher at Quinn Emanuel.

  • Series

    Law School's Missed Lessons: Teaching Yourself Legal Tech

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    New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.

  • Opinion

    Legacy Of 3 Justices Should Guide Transgender Rights Ruling

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    Three Republican-appointed U.S. Supreme Court justices — Anthony Kennedy, Sandra Day O'Connor and David Souter — gave rise to a jurisprudence of personal liberty that courts today invoke to protect gender-affirming care, and with the court now poised to decide U.S. v. Skrmetti, it must follow the path that they set, says Greg Fosheim at McDermott.

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