Appellate

  • June 24, 2025

    NY Denies School District's Bid To Delay Mascot Ban

    The New York State Education Department denied a deadline extension request by a Long Island school district to comply with the state's ban on the use of Indigenous mascots, telling the district's superintendent that the district has shown no good cause toward the law's compliance.

  • June 24, 2025

    Medical Pot Backers Urge Neb. High Court To Scrap Challenge

    The campaign behind a successful effort to decriminalize and regulate medical marijuana in Nebraska is urging the state's highest court not to revive a legal challenge backed by state officials seeking to void the voter-approved legalization policies.

  • June 24, 2025

    Medline Can't Get $2.4M Tax Incentive, Wash. Panel Affirms

    Medline did not qualify for a $2.4 million remittance of sales tax paid toward the construction of a state warehouse, a Washington state appeals panel affirmed Tuesday, saying the medical supplier failed to show that it merited a key tax incentive.

  • June 24, 2025

    Calif. AG Asks 9th Circ. To Undo Limits On Pay-For-Delay Ban

    California enforcers on Monday asked the Ninth Circuit to overturn a district court's decision that a state law restricting "reverse payment" settlements between brand-name and generic-drug makers cannot be used to regulate deals that were struck outside the Golden State.

  • June 24, 2025

    2nd Circ. Says Salvadoran Man Derived Citizenship Via Mom

    A divided Second Circuit panel vacated a more than decade-old removal order for a Salvadoran man convicted of robbery and burglary, saying he derived U.S. citizenship when his mother was naturalized 40 years ago.

  • June 24, 2025

    1st Circ. Undoes Inflated Biz Interruption Award For Drink Co.

    A Puerto Rico federal court wrongly maintained an award against an insurer that exceeded a beverage manufacturer's actual business income and extra expenses losses and was not supported by evidence at trial, the First Circuit held, reducing the total award from $1 million to approximately $686,000.

  • June 24, 2025

    Faulty Comparisons Doom Nordstrom 401(k) Fee Suit

    Nordstrom dodged a proposed class action claiming it saddled its 401(k) plan with excessive fees and used forfeited plan funds to offset its own contributions, with a Washington state federal judge saying inaccurate data and flawed comparisons to other plans couldn't sustain the case.

  • June 24, 2025

    Ga. High Court Balks At Housing Authority's Immunity Stance

    The Supreme Court of Georgia has tossed a ruling that sovereign immunity can shield a local housing authority from a shooting victim's lawsuit, saying Tuesday that lower courts had wrongly extended the state government's immunity to a city, and from there to the authority.

  • June 24, 2025

    Fed. Circ. Adds Groombridge Wu Partner To Advisory Council

    The Federal Circuit said Tuesday that it will add Jennifer Wu, a founding partner at Groombridge Wu Baughman & Stone, to an advisory council that studies and makes recommendations to the court's rules and operating procedures.

  • June 24, 2025

    Driver Must Serve Prison Time In DUI Case, Fla. Panel Rules

    A Florida appellate panel ruled that a driver convicted in the drunk driving-related death of a motorcyclist must serve the minimum time of four years in prison, saying the lower court didn't have the authority to suspend the mandatory sentence for a DUI manslaughter charge.

  • June 24, 2025

    Conn. Court OK's Records Use To Revoke Man's Probation

    A Connecticut appeals court has found that records from a residential treatment program could be admitted as evidence as they upheld the revocation of probation for a man convicted in two separate criminal court cases of larceny and sexual assault.

  • June 24, 2025

    Apple Assails 'Fundamentally Unfair' App Order At 9th Circ.

    Apple urged the Ninth Circuit on Monday to nix a district court's "unduly punitive" mandate blocking it from charging any commission on iPhone app purchases made outside its systems, arguing an Epic Games injunction redux goes far beyond the original order and attacks conduct that's not illegal under California law.

  • June 24, 2025

    Ga. Justices Hold Off On Considering Wrongful Death Cap

    The Supreme Court of Georgia declined Tuesday to consider whether the state's statutory cap on noneconomic damages can be applied to wrongful death suits, staving off for now a push by business lobbies to put a hard ceiling on plaintiffs' recoveries in such cases.

  • June 24, 2025

    ByteDance Can't Arbitrate Pay Bias Suit, Calif. Court Says

    A California state appellate court has rejected TikTok parent ByteDance Inc.'s bid to make a former employee arbitrate pay discrimination claims against it, saying that an underlying arbitration agreement was unenforceable for requiring her to arbitrate claims while preserving all the Chinese internet technology company's rights and remedies.

  • June 24, 2025

    Texas A&M Escapes Prof's Pregnancy Leave FMLA Suit

    A state appeals court freed Texas A&M University on Tuesday from a lawsuit brought by a professor who was denied tenure, finding that her pregnancy-related leaves fell under a portion of the Family Medical Leave Act under which the university has immunity.

  • June 24, 2025

    Mich. Court Says Nonprofit Can't Co-Own Power Project

    A Michigan state appellate court on Monday found that the Michigan Public Power Agency's electric transmission lines lack the physical connection required under a 2021 law to co-own two new electric grid upgrade projects, marking the first time an appellate court has tackled the relatively new infrastructure statute.

  • June 24, 2025

    3rd Circ. Pick Told DOJ To Defy Courts, Whistleblower Says

    A top career official at the U.S. Department of Justice who was fired has come forward with a whistleblower complaint alleging Third Circuit judicial nominee Emil Bove, who was acting deputy attorney general at the beginning of the year, sought to defy court orders.

  • June 24, 2025

    Co. Slams 'Overheated' Reed Smith Brief In Shipping Row

    Reed Smith should not be allowed to halt court proceedings amid its effort to hold onto a client file sought by postbankruptcy owners of Eletson Holdings Inc., a reorganized international shipping company, amid its ongoing dispute with Levona Holdings Ltd., according to briefs both sides filed before the Second Circuit.

  • June 24, 2025

    Pa. Tax Ruling Boosts Nonprofits' Competitive Edge, Attys Say

    A recent Pennsylvania Supreme Court ruling clarifying that competitive executive compensation isn't a threat to the tax-exempt status for nonprofits has the added bonus of helping charities compete for and retain talent, attorneys tell Law360.

  • June 24, 2025

    Mich. Panel Grants New Murder Trial Over Phone Data Use

    A split Michigan appellate panel has ordered a new trial for a man convicted of murder because of illegally seized cellphone evidence used in his trial.

  • June 24, 2025

    Gaming Co. Asks 11th Circ. To Uphold Malpractice Coverage

    A gaming company and a law firm asked the Eleventh Circuit to reject an insurer's bid to avoid representing the firm in a malpractice case, arguing that if at least one claim in an underlying complaint was covered, the insurer couldn't apply a misappropriation exclusion.

  • June 24, 2025

    Trump Hones Immunity Argument In 2nd Circ. Carroll Appeal

    Counsel for President Donald Trump told the Second Circuit on Tuesday that he did not "unequivocally and explicitly" waive presidential immunity before a jury awarded writer E. Jean Carroll $83.3 million in their defamation battle, refining the theory that he cannot be held liable.

  • June 24, 2025

    Pollution Exclusion Applies Without Exception, AIG Unit Says

    An AIG unit urged the Illinois Supreme Court to find that a permit or regulation allowing a company to discharge toxins into the environment has no bearing on the application of a pollution exclusion, saying "pollution is pollution" regardless of government authorization.

  • June 24, 2025

    DHS Says District Court Defying Justices' Third Country Order

    The Trump administration asked the U.S. Supreme Court on Tuesday to clarify its order allowing the government to send noncitizens to countries they have no connection to with little or no prior warning, after a Massachusetts federal judge ruled the decision doesn't apply to men currently held at a U.S. military base in Djibouti.

  • June 24, 2025

    Robbery Intent Enough For Murder Rap, Conn. Justices Rule

    Connecticut can secure a murder conviction for a man whose robbery attempt resulted in a fatal shooting — even though he didn't pull the trigger — because it didn't need to prove the shooter was an accessory to the would-be thief, according to a state high court opinion released Tuesday. 

Expert Analysis

  • Trade In Limbo: The Legal Storm Reshaping Trump's Tariffs

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    In the final days of May, decisions in two significant court actions upended the tariff and trade landscape, so until the U.S. Supreme Court rules, businesses and supply chains should expect tariffs to remain in place, and for the Trump administration to continue pursuing and enforcing all available trade policies, say attorneys at Ice Miller.

  • Shareholder Takeaways From NY Internal Affairs Doctrine Suit

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    A May New York Court of Appeals decision in Ezrasons v. Rudd involving Barclays — affirming the state's "firmly entrenched" internal affairs doctrine — is a win for all corporate stakeholders seeking stability in resolving disputes between shareholders and directors and officers, say attorneys at Sadis & Goldberg.

  • Move Beyond Surface-Level Edits To Master Legal Writing

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    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.

  • 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.

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