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Featured
Has The 9th Circ.'s Rightward Shift Ended Bids To Split It?
Republican lawmakers have long dreamed of breaking up the nation's largest appellate court. But that fervor has diminished as the Ninth Circuit's balance of Democratic and Republican appointees has evened out in recent years, upending the circuit's status as a culture war lightning rod.
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October 20, 2025
Youths Appeal Dismissal Of Challenge To Trump Energy Orders
A group of youths filed a notice of appeal with the Ninth Circuit on Monday, seeking to overturn a Montana federal judge's dismissal of their lawsuit aimed at undoing President Donald Trump's energy-related emergency orders.
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October 20, 2025
10th Circ. Nixes Internet Restrictions In Child Porn Case
The Tenth Circuit has ruled that a lifetime internet restriction imposed as part of a man's sentence for child pornography and exploitation charges should be reversed, finding that there was not sufficient legal basis to uphold the restriction.
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October 20, 2025
21 AGs Back Planned Parenthood In Funding Freeze Fight
A coalition of attorneys general from 21 Democrat-led states chimed in on Monday in support of Planned Parenthood's case challenging the Trump administration's push to cut off Medicaid reimbursements to its centers and affiliates, saying more than a million people could lose healthcare access if the First Circuit doesn't halt the move.
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October 20, 2025
9th Circ. Nixes Class's Appeal For Reverse Mortgage Loan Suit
The Ninth Circuit tossed an appeal and a related rehearing bid for a proposed class action that accused a company of running an unlawful reverse mortgage loan scheme, ruling that the proposed class of homeowners has agreed with the company to voluntarily drop their appeal.
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October 20, 2025
NJ Panel Skeptical That Vacation Time Is Paid Sick Leave
A New Jersey appellate panel on Monday questioned a concrete supplier's assertion that it complied with the state's Earned Sick Leave Law even without differentiating between workers' vacation time and paid sick leave.
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October 20, 2025
3rd Circ. Suspects Process 'Circumvention' In US Atty Role
The Third Circuit on Monday seemed inclined to back a district court's finding that the U.S. Department of Justice's designation of President Donald Trump's former personal lawyer as New Jersey's top federal prosecutor violated federal law, with one jurist suggesting the appointment raised "serious constitutional implications."
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October 20, 2025
Tire-Maker Can't Thwart Asbestos Suits, NC Justices Are Told
More than a dozen plaintiffs locked in a long-running battle for workers' compensation tied to alleged asbestos exposure at a Continental Tire factory are urging North Carolina's top court to let stand a lower appeals court decision reviving their cases.
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October 20, 2025
Pa. AG To Continue Grid Fight After PUC Bows Out
Pennsylvania Attorney General Dave Sunday sought to continue the appeal of a Third Circuit decision invalidating the state Public Utilities Commission's denial of a permit for a transmission project after the agency's chairman said he feared the appeal's outcome could weaken state authority.
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October 20, 2025
Seminary Settles Sex Bias Suit With Ex-Ministry Director
A Pittsburgh Presbyterian seminary has agreed to settle a former interim director's suit claiming she was fired out of gender bias and for raising complaints that the seminary pushed a racially discriminatory background check policy, according to federal court filings.
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October 20, 2025
Red States Back Alaska In High Court Fishing Regs Dispute
Twenty Republican-led states and leaders of the Arizona Legislature are backing Alaska in its U.S. Supreme Court bid to undo a Ninth Circuit order that barred it from opening part of the Kuskokwim River to all fishers, telling the justices that there are detrimental consequences flowing from the appellate court's decision.
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October 20, 2025
Mich. Equine Law Shields Ford Museum In Carriage Crash
A Michigan appellate panel said in a published opinion that the Henry Ford museum is immune from a woman's negligence suit over a horse-drawn carriage accident, determining riding in a horse-drawn carriage falls under a state law shielding sponsors of equine activity from liability.
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October 20, 2025
NJ Panel Tosses Challenge To Jersey City Plaza Renovation
A New Jersey appellate court rejected an appeal for a suit that challenged the renovation of a Jersey City plaza, ruling that the appeal is moot because the renovation project is finished and the plaintiffs don't want to get rid of the renovations.
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October 20, 2025
Guam Fund Seeks OK To Appeal Loss Of Military Leave Suit
A retirement fund for Guam government employees asked a Guam federal judge to let it appeal an order finding the fund and the U.S. territory liable for shortchanging pension contributions for employees who take paid leave while serving in the military.
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October 20, 2025
Catching Up With Delaware's Chancery Court
This past week, the Delaware Chancery Court and Supreme Court handled a crowded corporate docket, weighing blockbuster merger appeals, shareholder settlement objections, fights over control involving an NBA franchise and a high-profile appeal from Elon Musk involving a massive payday from Tesla.
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October 20, 2025
High Court Skips Male Ex-School Administrator's Bias Suit
The U.S. Supreme Court declined Monday to review a suit brought by a former private school administrator who said the Seventh Circuit ignored evidence that school leadership preferred women when it refused to revive his suit claiming he was pushed out in favor of a female employee.
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October 20, 2025
Justices Won't Review Repeat Indictment For Medicare Fraud
The U.S. Supreme Court let stand Monday the repeat indictment of a health clinic manager for what the Second Circuit called a massive, yearslong scheme to submit false claims to Medicare and Medicaid, effectively rejecting the manager's claims that his original trial was irreparably delayed.
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October 20, 2025
Justices Deny EcoFactor Appeal Over Google Patent Damages
The U.S. Supreme Court rejected an appeal by EcoFactor Inc. on Monday that argued the en banc Federal Circuit usurped the role of the jury when it found the company's damages expert unreliable and vacated a $20 million patent verdict it won against Google.
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October 20, 2025
Union Asks 3rd Circ. To Rethink Toss Of $3.5M Pension Win
The Third Circuit conflicted with U.S. Supreme Court precedent when it scrapped a $3.5 million win for pipe fitters and plumbers union that found a commercial real estate company failed to properly factor overtime in pension contributions, the union argued as it asked the Circuit Court to rethink its opinion.
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October 20, 2025
Justices Decline NY Schools' Bid To Block AG's Assault Suit
The U.S. Supreme Court on Monday denied certiorari to a New York school district in a suit brought by the state's attorney general alleging the district failed to investigate or respond to reports of rape and sexual assault, which had previously been revived by the Second Circuit.
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October 20, 2025
Justices To Hear Bankruptcy Challenge To Estoppel Rule
The U.S. Supreme Court agreed on Monday to hear an appeal challenging a "rigid" and "unforgivable" rule used by some bankruptcy courts that permanently blocks a debtor from pursuing litigation if they knew - but didn't disclose - the allegations as part of their bankruptcy case.
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October 20, 2025
4th Circ. Preview: Insurance, Trans Policy, Legal Aid Access
The Fourth Circuit's second session of the year will have judges weigh in on multimillion-dollar insurance fights, including whether claims related to Under Armour's yearslong securities fraud scheme are "connected," and parsing whether a subcontractor's insurance policy stretches to a primary contractor.
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October 20, 2025
Supreme Court Declines Appeal Over Copyrighted Floor Plans
The U.S. Supreme Court on Monday rejected a petition that sought review of an Eighth Circuit ruling that found it was fair use for real estate agents to list the copyrighted floor plans of a home designer and his company.
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October 20, 2025
Top Court Won't Hear Chicago Hospital's Medicaid Dispute
The U.S. Supreme Court on Monday refused to review a decision by the full Seventh Circuit holding that a Chicago hospital can't sue the state of Illinois to force the managed care organizations it contracts with to make timely Medicaid payments, rejecting a petition that argued another case on the high court's docket "will likely decide the outcome" in this one.
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October 20, 2025
High Court Won't Hear Hospital Vax Mandate Case
The U.S. Supreme Court said Monday it won't review a decision backing a hospital's termination of a group of workers who refused to get COVID-19 vaccinations.
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October 20, 2025
High Court To Hear Case Asking If Drug Users Can Have Guns
The U.S. Supreme Court decided on Monday to address "a four-way circuit conflict" over whether it is legal to prevent users of drugs — including marijuana, which the majority of states have legalized in some fashion — from possessing firearms.
Editor's Picks
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4 Top Supreme Court Cases To Watch This Term
After a busy summer of emergency rulings, the U.S. Supreme Court will kick off its October 2025 term Monday with only a few big-ticket cases on its docket — over presidential authorities, transgender athletes and election law — in what might be a strategically slow start to a potentially momentous term. Here, Law360 looks at four of the most important cases on the court's docket so far.
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Justices To Confront Divisive Cases On Rights, Power, Liberty
The U.S. Supreme Court is poised to confront a slate of divisive issues in its upcoming term that begins Monday, with voting rights, transgender equality, religious freedom, immigration detention, and criminal procedure all on the docket.
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The Roberts Court At 20: How The Chief Is Reshaping America
Twenty years after John Roberts became the 17th chief justice of the United States, he faces a U.S. Supreme Court term that's looking transformative for the country and its institutions. How Justice Roberts and his colleagues navigate mounting distrust in the judiciary and set the boundaries of presidential authority appear increasingly likely to define his time leading the court.
Expert Analysis
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In NY, Long COVID (Tolling) Still Applies
A series of pandemic-era executive orders in New York tolling state statutes of limitations for 228 days mean that many causes of action that appear time-barred on their face may continue to apply, including in federal practice, for the foreseeable future, say attorneys at Sher Tremonte.
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Opinion
Expert Reports Can't Replace Facts In Securities Fraud Cases
The Ninth Circuit's 2023 decision in Nvidia v. Ohman Fonder — and the U.S. Supreme Court's punt on the case in 2024 — could invite the meritless securities litigation the Private Securities Litigation Reform Act was designed to prevent by substituting expert opinions for facts to substantiate complaint assertions, say attorneys at A&O Shearman.
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3rd Circ. Ruling Forces A Shift In Employer CFAA Probes
The Third Circuit's recent ruling in NRA Group v. Durenleau, finding that "unauthorized access" requires bypassing technical barriers rather than simply violating company policies, is forcing employers to recalibrate insider misconduct investigations and turn to contractual, trade secret and state-level claims, say attorneys at Sidley.
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Opinion
High Court, Not A Single Justice, Should Decide On Recusal
As public trust in the U.S. Supreme Court continues to decline, the court should adopt a collegial framework in which all justices decide questions of recusal together — a reform that respects both judicial independence and due process for litigants, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.
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FTC's Consumer Finance Pivot Brings Industry Pros And Cons
An active Federal Trade Commission against the backdrop of a leashed Consumer Financial Protection Bureau will be welcomed by most in the consumer finance industry, but the incremental expansion of the FTC's authority via enforcement actions remains a risk, say attorneys at Hudson Cook.
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Reel Justice: 'One Battle After Another' And The Limits Of Zeal
The political thriller “One Battle After Another,” following a former revolutionary who became a recluse, offers a potent metaphor for attorneys on diligence and the ethical boundaries of zealous advocacy, says Veronica Finkelstein at Wilmington University School of Law.
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Series
Traveling Solo Makes Me A Better Lawyer
Traveling by myself has taught me to assess risk, understand tone and stay calm in high-pressure situations, which are not only useful life skills, but the foundation of how I support my clients, says Lacey Gutierrez at Group Five Legal.
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6th Circ. FirstEnergy Ruling Protects Key Legal Privileges
The Sixth Circuit’s recent grant of mandamus relief in In re: First Energy Corp. confirms that the attorney-client privilege and work-product protections apply to internal investigation materials, ultimately advancing the public interest, say attorneys at Cooley.
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Opinion
Courts Must Continue Protecting Plaintiffs In Mass Arbitration
In recent years, many companies have imposed onerous protocols that function to frustrate plaintiffs' ability to seek justice through mass arbitration, but a series of welcome court decisions in recent months indicate that the pendulum might be swinging back toward plaintiffs, say Raphael Janove and Sasha Jones at Janove Law.
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Series
Law School's Missed Lessons: Client Service
Law school teaches you how to interpret the law, but it doesn't teach you some of the key ways to keeping clients satisfied, lessons that I've learned in the most unexpected of places: a book on how to be a butler, says Gregory Ramos at Armstrong Teasdale.
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Loper Bright's Evolving Application In Labor Case Appeals
Following the U.S. Supreme Court's decision in Loper Bright v. Raimondo, which upended decades of precedent requiring courts to defer to agency interpretations of federal regulations, the Third and Sixth Circuits' differing approaches leave little certainty as to which employment regulations remain in play, say attorneys at Foley & Lardner.
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Mass. Ruling May Pave New Avenue To Target Subpoenas
A Massachusetts federal court’s recent decision to quash a subpoena seeking information on gender-affirming care at Boston Children’s Hospital is a significant departure from courts' deferential approach to subpoena enforcement, and may open a new pathway for practitioners challenging investigative tools in the future, say attorneys at Gibson Dunn.
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Where 4th And 9th Circ. Diverge On Trade Secret Timing
Recent Fourth and Ninth Circuit decisions have revealed a deepening circuit split over when plaintiffs must specifically define their alleged trade secrets, turning the early stages of trade secret litigation into a key battleground and elevating the importance of forum selection, say attorneys at Skadden.
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What Justices' Bowe Ruling Could Mean For Federal Prisoners
Bowe v. U.S. — set for oral argument before the U.S. Supreme Court on Oct. 14 — presents the high court with two consequential questions about the Anti-Terrorism and Effective Death Penalty Act's successive-petition regime that will be immediately relevant to federal postconviction practice, says attorney Elizabeth Franklin-Best.
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Why Justices Seem Inclined To Curtail Del. Affidavit Statute
After recent oral argument before the U.S. Supreme Court in Berk v. Choy — asking whether Delaware's affidavit-of-merit statute applies in federal diversity actions, or whether the Federal Rules of Civil Procedure displace the state requirement — it appears the court is poised to simplify the standard approach, says Eric Weitz of The Weitz Law Firm.