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Appellate
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July 08, 2025
4th Circ. Revives Medical Device Co.'s Claim In Contract Suit
The Fourth Circuit on Tuesday revived a medical device maker's breach of contract claim alleging a company it hired to manage its patents globally overcharged for services, sending the case back to a Virginia federal court.
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July 08, 2025
NC Atty Says Mistrial Order Puts Career At Risk In Appeal Bid
A property restoration company and its trial attorney told the North Carolina Court of Appeals that the attorney did not engage in "serious misconduct," and urged it to toss components of a lower court's mistrial order.
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July 08, 2025
4th Circ. Won't Pause Ex-Naval Engineers' No-Poach Ruling
The Fourth Circuit on Tuesday sent a revived class action alleging that shipbuilding military contractors used no-poach agreements to suppress wages back to district court, rejecting the contractors' motion for a stay while they prepare to send a certiorari petition to the U.S. Supreme Court.
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July 08, 2025
FinCEN To Appeal Block Of Trump's Border Cash Biz Order
The Financial Crimes Enforcement Network, its director and others on Tuesday filed a notice of their plan to appeal a California federal judge's decision to temporarily block the Trump administration's order singling out cash-moving businesses along the southwest border for heightened anti-money laundering reporting.
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July 08, 2025
Exclusion's Use Of 'The' Supports Alt. Reading, 5th Circ. Says
The Fifth Circuit said an exclusion barring coverage for intellectual property infringement claims didn't necessarily relieve an insurer from covering defense expenses an oil and gas company incurred in an IP theft lawsuit, finding the exclusion's use of "the" led to a pro-coverage, reasonable meaning.
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July 08, 2025
BCBS Of Mich. Wants Yacht Company's ERISA Fight Tossed
A Michigan Blue Cross Blue Shield affiliate urged a federal court to toss a yacht company's suit alleging mismanagement of its employee health plan, arguing its allegations that out-of-network claims were mishandled were time-barred and failed to state a claim for violating federal benefits law.
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July 08, 2025
DEA Tells DC Circ. To Toss Ayahuasca Church's Petition
Federal drug enforcers urged the D.C. Circuit on Tuesday to toss a petition brought by an Iowa church seeking a religious exemption to use a psychedelic in its rites, saying there was no legal basis to the organization's allegations that the agency took too long to process its application.
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July 08, 2025
Pa. Panel Grants Immunity To Nursing Board In Exam Dispute
A Pennsylvania appellate court on Tuesday narrowly rejected a lawsuit filed by an ex-nurse who contends a state board violated her rights by ordering her to undergo a mental health exam, finding instead that the board members are entitled to quasi-judicial immunity.
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July 08, 2025
11th Circ. Affirms Tax Fraud Conviction, 4-Year Sentence
The Eleventh Circuit upheld a Georgia woman's tax fraud conviction and four-year-plus prison sentence, rejecting her claims that the judge overseeing her case was biased, that her lawyer was ineffective and that a hearing should have been held on whether she was competent to stand trial.
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July 08, 2025
Conn. Atty Convicted In Shooting Denied Bond, For Now
The Connecticut Appellate Court will not immediately allow former Cramer & Anderson LLP partner Robert L. Fisher Jr. to be released on bond while he challenges his March manslaughter conviction for shooting an attacker in his law firm's parking lot, but it will review a lower court's decision to keep him jailed.
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July 08, 2025
Calif. 'Trail Immunity' Blocks Suit Over Bicyclist's Death
A California appeals court has refused to revive a woman's suit against East Bay Regional Park District over her husband's death, rejecting her argument that the state's "trail immunity" doesn't apply to paved trails.
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July 08, 2025
Ex-DC Prosecutors Rip Pick Of Emil Bove For 3rd Circ.
In a letter to the Senate Judiciary Committee, a group of former federal prosecutors in Washington panned Emil Bove as a "dangerous" pick for the Third Circuit and criticized his record as a prosecutor as that of a loyal follower of President Donald Trump.
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July 08, 2025
Medical Co. Wants High Court To Review Rushed Patent Case
A medical device maker has asked the U.S. Supreme Court to hear it out on claims that a North Carolina federal judge rushed the case to trial and violated the Fifth Amendment right to due process by shortening the amount of time for discovery.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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3 Rulings May Reveal Next Frontier Of Gov't Contract Cases
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.
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NCAA Settlement Kicks Off New Era For Student-Athlete NIL
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.
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7th Circ. Insurance Ruling Resolves Major Jurisdictional Issue
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.
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DOJ May Rethink Banning Firearms For Marijuana Users
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.
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EDNY Ruling May Limit Some FARA Conspiracy Charges
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.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
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.
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Fla. Workers' Comp Ruling Ups Bar For Emotional Injury Suits
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.
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Contract Disputes Recap: Spearin, Overpayments, Jurisdiction
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.
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What Calif. Appeals Split Means For Litigating PAGA Claims
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.
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
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.
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NY Case Shows How LLC Agreements Can Be Amended
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.
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If Justices Accept, Maxwell Case May Clarify Meaning Of 'US'
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.
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The State Of Play In Copyright Protection For Floor Plans
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.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
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.