Appellate

  • June 25, 2025

    Fed. Circ. Backs HP Unit's Alice Win In California

    The Federal Circuit refused to revive a lawsuit accusing HP unit Polycom of infringing a multimedia communication patent, backing a California federal judge's finding that the patent wasn't valid to begin with.

  • June 25, 2025

    Fed. Circ. Won't Revive Inventor's Patent Suit Against Google

    The Federal Circuit on Wednesday denied a bid to revive a patent infringement case from a man who says Google's products use aspects of his threat-detection technology.

  • June 25, 2025

    Company Can Be Sued For Drunk Worker's Crash, Panel Says

    A Florida appeals court on Wednesday revived a suit accusing a construction company's employee of negligently causing an auto collision while drunk, saying it can be held liable despite the worker's contractual obligation not to drink and drive in the company car.

  • June 25, 2025

    CVS Fights Ruling In Del. Rejecting Coverage For Opioid Suits

    An attorney for CVS Health Corp. told Delaware's Supreme Court on Wednesday that a lower court cited inapplicable precedent to dismiss the pharmacy chain's suit seeking coverage for medical provider claims against it arising from the opioid epidemic.

  • June 25, 2025

    Fed. Circ. Backs EPA's Firing Of 'Disruptive' Whistleblower

    The Federal Circuit upheld a decision finding the U.S. Environmental Protection Agency would've fired a federal employee even if she wasn't whistleblowing on its failure to submit affirmative employment plans, ruling Wednesday that while there was significant motive to retaliate, there's also evidence the employee was "disrespectful, disruptive and discourteous" toward colleagues.

  • June 25, 2025

    Trade Court Cannot Stop Trump's Tariffs, Gov't Tells Fed. Circ.

    The U.S. Court of International Trade hamstrung President Donald Trump in ongoing global trade negotiations when it blocked emergency tariffs he had imposed and deemed them unlawful, the government told the Federal Circuit on Tuesday, urging it to reverse the lower court's ruling.

  • June 25, 2025

    3rd Circ. Upholds $3.2M Atty Fee In Wawa Breach Suit

    The Third Circuit on Wednesday upheld a $3.2 million fee award for Berger Montague and Fine Kaplan & Black in the settlement for consumers affected by a 2019 Wawa data breach, ruling Wednesday that the district court judge correctly found no improper "side deals" or collusion at class members' expense.

  • June 25, 2025

    3rd Circ. Pick Emil Bove Says He's 'Not Anybody's Henchman'

    Emil Bove, nominee for the Third Circuit, who previously served as President Donald Trump's criminal attorney and was a top acting official at the U.S. Department of Justice earlier this year, where he took various controversial actions, made his case on Wednesday for judicial confirmation.

  • June 25, 2025

    Atty's Ex-Wife Tells NC Justices She's Owed Half Firm's Worth

    The ex-wife of an intellectual property lawyer in North Carolina has asked the state's highest court to affirm an order awarding her half the value of his law firm in their divorce, arguing the practice's goodwill is marital property subject to equal distribution.

  • June 25, 2025

    4th Circ. Nixes $1M Award In Underinsured Motorist Dispute

    A man injured in a car crash cannot recover underinsured motorist, or UIM, coverage under his employer's commercial auto policy, the Fourth Circuit ruled, vacating his $1 million award based on guidance from West Virginia's top court that insurers aren't required to offer such coverage for all vehicles they insure.

  • June 25, 2025

    9th Circ. Says Mexican Man Can't Vacate Firearm Conviction

    A split Ninth Circuit panel has refused to vacate a Mexican national's conviction for possession of a firearm while present in the U.S. without authorization, saying there's no reasonable likelihood that the jury would have reached a different conclusion with different instructions.

  • June 25, 2025

    Einhorn Barbarito Names New Co-Managing Partner

    A co-lead of the appellate and family/matrimonial practices at Einhorn Barbarito Frost Botwinick Nunn & Musmanno PC is now co-managing partner, the New Jersey-based firm announced Tuesday.

  • June 24, 2025

    Colo. Justices Order Fraud Retrial Over Legal Advice Hearsay

    Colorado's highest court granted a new securities fraud trial Monday to a man whose testimony in his own defense about advice of counsel was curtailed by a judge, saying legal advice is unquestionably relevant in mounting a defense around "willfulness."

  • June 24, 2025

    Pa. Court Rules Philly Open-Carry Restriction Unconstitutional

    The Pennsylvania Superior Court struck down Philadelphia's restrictions on the open carry of firearms as unconstitutional, finding citizens in the state's largest city should not be subject to more stringent gun laws than those in other parts of the state.

  • June 24, 2025

    2nd Circ. Tells Feds To 'Facilitate' Another Deportee's Return

    The Trump administration must "facilitate the return" to the U.S. of a man deported to El Salvador in violation of an order blocking his removal, the Second Circuit ruled Tuesday, citing a U.S. Supreme Court decision backing the return of a Maryland man improperly deported to a Salvadoran prison.

  • June 24, 2025

    9th Circ. Urged To Revive Players' NHL, CHL Antitrust Suit

    Hockey players' unions and individual players have appealed to the Ninth Circuit after a Washington federal judge dismissed their antitrust lawsuit accusing the National Hockey League and the Canadian Hockey League of conspiring to suppress wages for junior league players.

  • June 24, 2025

    Swiss Shipping Co. Can't Dodge Default In Cargo Dispute

    A D.C. Circuit panel on Tuesday upheld the Federal Maritime Commission's default judgment against MSC Mediterranean Shipping Co. SA stemming from a pandemic-era cargo space dispute with a Pennsylvania-based shipper.

  • June 24, 2025

    Ga. Justices Say Man Properly Served Atlanta In Crash Suit

    The Georgia Supreme Court on Tuesday reversed a ruling from the state's intermediate appellate court in a case over whether a notice of claim against the city of Atlanta was properly served according to state law, finding that it was.

  • June 24, 2025

    Landmark Product Safety Conviction Faces 9th Circ. Appeal

    A former Gree USA executive has appealed his conviction and 38-month prison sentence in the first-ever criminal prosecution of individuals under the Consumer Product Safety Act, according to a Tuesday filing in California federal court.

  • June 24, 2025

    Ga. High Court Nixes $1M Nominal Damages In Walmart Case

    The Supreme Court of Georgia has vacated a $1 million award of nominal damages to a woman who was injured at a Walmart store, ruling that the verdict violated the intent of nominal damages to represent a "trivial sum" for plaintiffs.

  • June 24, 2025

    Fed. Circ. Won't Revisit Ruling On Late Textron Pension Claim

    The Federal Circuit has denied Textron Aviation Defense LLC's request to reconsider a decision that affirmed the dismissal of its pension claims against the federal government as time-barred under the Contract Disputes Act's six-year statute of limitations.

  • June 24, 2025

    5th Circ. Says EPA Ignored Cos. To Push Efficiency Testing Rule

    The Fifth Circuit has thrown out part of a U.S. Environmental Protection Agency rule for determining measures for fuel efficiency, finding Tuesday that the agency used a faulty methodology to justify tightening standards and outright ignored comments when creating the rule.

  • June 24, 2025

    4th Circ. Tosses Trans Man's Appeal Over Canceled Surgery

    The Fourth Circuit declined to revive a transgender man's constitutional claims against a religious hospital run by the University of Maryland Medical System over a canceled hysterectomy for gender dysphoria, concluding Tuesday that it couldn't grant further relief, and refused to consider a "late-breaking" argument for emotional distress damages.

  • June 24, 2025

    Motorola Fights Fintiv Memo Withdrawal At Fed. Circ.

    Motorola is urging the Federal Circuit to reverse the decision of the U.S. Patent and Trademark Office's acting leader to not have the Patent Trial and Appeal Board review the company's challenges to a series of Stellar Inc. patents on glasses equipped with cameras.

  • June 24, 2025

    8th Circ. Rolls Back Block On Arkansas Hemp Law

    An Eighth Circuit panel on Tuesday overturned a lower district judge's decision blocking enforcement of a new Arkansas policy restricting hemp-derived intoxicating products, delivering a blow to the hemp industry's campaign to challenge state-led efforts to rein in its wares.

Expert Analysis

  • NCAA Rulings Signal Game Change For Athlete Classification

    Author Photo

    A Tennessee federal court's recent decision in Pavia v. NCAA adds to a growing call to consider classifying college athletes as employees under federal law, a change that would have unexpected, potentially prohibitive costs for schools, says J.R. Webster Cucovatz at Gilson Daub.

  • Copyright Ruling Could Extend US Terminations Worldwide

    Author Photo

    If upheld on appeal, Vetter v. Resnik, a recent ruling from a Louisiana federal court, could extend the geographical scope of U.S. copyright termination rights to foreign territories, say attorneys at Manatt.

  • Recent Cases Clarify FCA Kickback Pleading Standards

    Author Photo

    Two recently resolved cases involving pharmaceutical manufacturers may make it more difficult for False Claims Act defendants facing kickback scheme allegations to get claims dismissed for lack of evidence, say Li Yu at Bernstein Litowitz, Ellen London at London & Noar, and Gregg Shapiro at Gregg Shapiro Law.

  • Bankruptcy Ruling Provides Guidance On 363 Asset Sales

    Author Photo

    HE v. Avadim Holdings, a recent ruling from the District of Delaware, underscores the principle that rejection of executory contracts does not unwind completed transfers of property and the importance of clear and precise language in sale orders and asset purchase agreements in bankruptcy cases, say attorneys at Eversheds Sutherland.

  • FLSA Ruling Shows Split Over Court Approval Of Settlements

    Author Photo

    A Kentucky federal court's recent ruling in Bazemore v. Papa John's highlights a growing trend of courts finding they are not required, or even authorized, to approve private settlements releasing Fair Labor Standards Act claims, underscoring a jurisdictional split and open questions that practitioners need to grapple with, say attorneys at Vedder Price.

  • Dewberry Ruling Is A Wakeup Call For Trademark Owners

    Author Photo

    The U.S. Supreme Court's decision in Dewberry v. Dewberry hones in on the question of how a defendant's affiliates' profits should be treated under the Lanham Act, and should remind trademark litigants and practitioners that issues involving monetary relief should be treated seriously, say attorneys at Finnegan.

  • A Look At The Student Loan Case Pending At Supreme Court

    Author Photo

    The Trump administration is likely to drop the U.S. Supreme Court case of U.S. Department of Education v. Career Colleges and Schools of Texas after its review of the 2022 borrower defense to repayment rule, but any outcome will be significant for institutions participating in programs covered by Title IV of the Higher Education Act, say attorneys at Duane Morris.

  • When Reincorporation Out Of Del. Isn't A Good Idea

    Author Photo

    While recent high-profile corporate moves out of Delaware have prompted discussion about the benefits of incorporation elsewhere, for many, remaining in the First State may be the right decision due to its deep body of business law, tradition of nonjury trials and other factors, say attorneys at Goodwin.

  • Perspectives

    11th Circ. Ruling Shows How AEDPA Limits Habeas Relief

    Author Photo

    The Eleventh Circuit's recent decision to uphold an Alabama man's death sentence reveals how the Antiterrorism and Effective Death Penalty Act can prevent meaningful review and has eroded the power of habeas corpus petitions by forcing federal courts to pay extraordinary deference to state-level rulings, says Paul Shechtman at Yale Law School.

  • Navigating The Uncertain Future Of The Superfund PFAS Rule

    Author Photo

    The D.C. Circuit's recent grant of a pause in litigation while the U.S. Environmental Protection Agency reviews the Biden-era designation of two per- and polyfluoroalkyl substances as "hazardous" under the Superfund law creates new uncertainty for companies — but more lawsuits are likely as long as the rule remains in effect, say attorneys at Alston & Bird.

  • 7 Tips For Associates To Thrive In Hybrid Work Environments

    Excerpt from Practical Guidance
    Author Photo

    As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.

  • Series

    Playing Beach Volleyball Makes Me A Better Lawyer

    Author Photo

    My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.

  • 30 Years Later: How PSLRA Has Improved Securities Litigation

    Author Photo

    In the 30 years since the Private Securities Litigation Reform Act's passage, the statute has achieved its purpose of shifting securities class actions to investors most capable of monitoring the litigation, selecting competent counsel at competitive rates and maximizing recoveries for the investor classes they represent, say attorneys at Bernstein Litowitz.

  • Terraform Case May Be Bellwether For Crypto Enforcement

    Author Photo

    The prosecution of crypto company Terraform Labs and its CEO, Do Kwon, offers a unique test of the line between lawful and unlawful conduct in digital transactions, and the Trump administration’s posture toward the case will provide clues about its cryptocurrency enforcement agenda in the years to come, say attorneys at Brooks Pierce.

  • How Law Firms Can Counteract The Loneliness Epidemic

    Author Photo

    The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Appellate archive.