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Appellate
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June 26, 2025
Flaws In Expert Report Doom Mass. Suit Over Patient's Death
A Massachusetts appellate court on Thursday affirmed the dismissal of a medical malpractice suit blaming a physician assisting on a gastric sleeve surgery for the patient's death, saying the plaintiff's expert failed to identify the relevant standard of care for the assisting doctor.
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June 26, 2025
Movie Cos. Ask 10th Circ. To Redo 'Inconsistent' Labor Ruling
Two Hallmark-contracted movie studios asked the Tenth Circuit to rehear a claim from the National Labor Relations Board that the studios violated federal labor laws by refusing to rehire striking employees, calling the previous panel opinion both "inconsistent" and "confusing at best."
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June 26, 2025
Ga. Appeals Court Reverses Sanctions In Sinkhole Fight
The Georgia Court of Appeals has reversed a trial court's decision to strike the complaint of a property owner over discovery violations in a fight over a sinkhole, ruling that Peachtree Renaissance Property LLC was not given a fair hearing before the sanctions were handed down.
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June 26, 2025
Fla. Lawyers Suspended For Online Criticism Of Judge
Florida's high court on Thursday approved a one-month suspension for a father-daughter team of attorneys for their online comments criticizing a judge who reversed a $2.75 million jury verdict in favor of a doctor who sued for discrimination, finding that there were also mitigating factors in the attorneys' cases.
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June 26, 2025
Immigrants Tell 1st Circ. DHS Can't Justify Parole Program Ax
A class of nearly 500,000 immigrants from Cuba, Haiti, Nicaragua and Venezuela told the First Circuit on Wednesday that the Trump administration can't show that a Massachusetts federal judge abused her discretion in blocking the government's rescission of temporary Biden-era removal protections.
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June 26, 2025
Ex-Trump Atty Chesebro Disbarred In NY For Fake Elector Plot
President Donald Trump's former attorney Kenneth Chesebro, the so-called "architect" in the plot to use fake electors to overturn Georgia's 2020 election results, has been disbarred from practicing law in the state of New York, according to a unanimous decision issued on Thursday.
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June 26, 2025
Mass. Court Lets Man Try Again To Escape Ankle Monitor
A convicted rapist in Massachusetts who spent nearly 16 years in prison will get a second shot at challenging how long he must wear a GPS monitor now that he's been released, after a state appellate court on Thursday ruled a lower court did not properly weigh his constitutional rights.
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June 26, 2025
Wash. High Court Says State CBAs Are Private Until Funded
The agency that negotiates Washington state employees' union contracts can reject public records requests for bargaining-related documents until the contracts are finalized and funded, the Washington Supreme Court held in an 8-1 vote Thursday, upholding a Washington Court of Appeals decision.
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June 26, 2025
SMU Law Professor's Tenure Suit Partly Revived By 5th Circ.
The Fifth Circuit on Wednesday partially revived a former Southern Methodist University law professor's suit over the denial of her tenure application following a ruling last month by the Texas Supreme Court.
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June 26, 2025
5th Circ. Revives Biz Records Law, Citing Review Safeguard
The Fifth Circuit on Thursday tossed a permanent injunction blocking a Texas statute requiring businesses to immediately comply with the state's demand to examine business records, saying the Texas Supreme Court recently "harmonized" the law in a way that addresses Spirit AeroSystems Inc.'s constitutional challenge.
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June 26, 2025
Del. Justices Mull New Appeal In $1.5B Pipeline Co. Cashout
An attorney for cashed-out minority unitholders of Boardwalk Pipeline Partners LP urged Delaware's Supreme Court to consider whether a controlling investor's interests "subverted" a crucial attorney fairness opinion used to justify a 2018, $1.5 billion deal that took the company private.
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June 26, 2025
6th Circ. Backs Mich. Newborn Blood Testing Program
A Sixth Circuit panel reversed a win for a group of parents challenging a Michigan newborn health screening program, finding that the way blood samples are stored and used in the program does not violate the parents' right to make medical decisions for their children.
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June 26, 2025
10 Years Later: Obergefell Attorneys, In Their Own Words
Marking the decade anniversary of the Obergefell opinion, Law360 asked the attorneys who argued the case at the Supreme Court what it was like being at the center of such a monumental case, how a ruling favoring same-sex marriage changed the legal landscape over the past decade, and the remaining legal appetite to overturn it.
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June 26, 2025
No Work Needed For Military Leave Pay, Wash. Justices Say
Washington state public employees are entitled to paid military leave even if they are not scheduled to work because they are on active duty during an extended military leave of absence, the state's Supreme Court ruled Thursday, saying the state's paid military leave statute is unambiguous.
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June 26, 2025
Ga. Panel Affirms $6.5M Verdict, $1.8M Fees Over Brain Injury
A Georgia appellate panel said Thursday that a woman who said she was left permanently disabled while recovering from knee replacement surgery can keep her $6.5 million verdict, along with $1.8 million in attorney fees, ruling that neither award was unreasonable in the medical malpractice suit.
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June 26, 2025
2nd Circ. Won't Void Aerospace Co.'s $5M Hedge Fund Loan
The Second Circuit has said a New York federal judge was correct in rejecting aerospace company Xeriant's bid to void a $5 million loan deal with Auctus Fund LLC, ruling that while the hedge fund was not registered with the U.S. Securities and Exchange Commission as a dealer, the contract didn't obligate it to do so.
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June 26, 2025
Seattle Jan. 6 Cops Again Ask Justices To Shield Identities
Four current and former Seattle police officers who attended the Jan. 6, 2021, "Stop the Steal" insurrection have again asked the U.S. Supreme Court for an emergency stay to prevent the public release of their names after an initial denial from the high court, saying the justices have two days to act.
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June 26, 2025
Calif. Judge Rejects CoStar, CREXi's Early Win Bids In IP Row
A California federal judge has rejected cross partial summary judgment bids made by property listing rivals CoStar Group Inc. and Commercial Real Estate Exchange Inc. in CoStar's copyright infringement suit against CREXi, which is accused of stealing nearly 50,000 CoStar commercial real estate images.
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June 26, 2025
9th Circ. Rejects Amazon's Bid To Claw Back Antitrust Docs
A Ninth Circuit panel has summarily refused to reverse a Washington federal court ruling that rejected Amazon's bid to claw back documents inadvertently produced in a trio of proposed antitrust class actions.
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June 26, 2025
Pa. Panel Says Fla. Law Applies In Fatal Plane Crash Suit
A Pennsylvania appeals court has found that Florida strict liability law applies in a suit alleging a defective engine led to a plane crash that killed two people, saying the Sunshine State has more ties and a bigger interest in the case than Pennsylvania.
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June 26, 2025
Trump 2.0's First Group Of Judicial Noms Goes To Full Senate
The first batch of judicial nominations from President Donald Trump's second term were sent to the Senate floor on Thursday, as they were voted out of committee along party lines.
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June 26, 2025
Fed. Circ. Pushed To Rethink Part Of Samsung Win In IP Row
The owner of a patent on stylus detection technology wants the Federal Circuit to rethink part of a May panel decision handing Samsung a win in a challenge to the patent, saying the court should instead affirm part of a Patent Trial and Appeal Board in its favor.
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June 26, 2025
Court Allows NASCAR To Subpoena Nonparty Financial Docs
A North Carolina federal judge will allow NASCAR to subpoena the financial records of 12 chartered racing teams to defend itself in a lawsuit that accuses the organization of antitrust violations, but left safeguards in place.
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June 26, 2025
4th Circ. Clears Cab Guard Seller In Trucker's Death Suit
The Fourth Circuit won't revive a suit by the brother of a deceased truck driver alleging a cab guard intended to protect the truck's driver from its cargo failed, leading to his death, finding there is only speculative evidence that the defendant distributor ever had or sold the guard in question.
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June 26, 2025
Justices Expand Reach Of First Step Act In Resentencings
The U.S. Supreme Court ruled Thursday that defendants can benefit from lighter sentences under the First Step Act if they were sentenced prior to the 2018 criminal justice reform law but later resentenced after their original sentences were tossed.
Expert Analysis
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Texas Case Shows Why Juries Are Well-Suited To COVID Suits
The original jury verdict in Baylor College of Medicine v. Lloyd's, currently on appeal to the Texas Supreme Court after being overturned by an appellate panel, illustrates why COVID-19 business interruption claims with their case-specific facts need to be decided by juries, not by judges using a one-size-fits-all approach, says Jeremy Lawrence at Farella Braun.
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Filial Consortium Claims' Future After Conn. High Court Ruling
While the Connecticut Supreme Court recently ruled for defendants in rejecting parents’ attempt to recover loss of companionship damages in a severe child injury case, there is still potential for the plaintiffs bar to lobby for a law that would allow filial consortium claims, Glenn Coffin at Gordon Rees.
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4th Circ. Health Data Ruling Opens Door To State Law Claims
In Real Time Medical v. PointClickCare, the Fourth Circuit recently clarified that state law claims can rest in part on violations of a federal law that prohibits electronic health information blocking, expanding legal risks for health IT companies and potentially creating exposure to a range of competitive implications, say attorneys at BCLP.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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2 Del. Rulings Reinforce Proof Needed For Records Demands
Two recent Delaware Court of Chancery decisions involving Amazon and Paramount Global illustrate the significance of the credible basis standard on books and records requests, underscoring that stockholders seeking to investigate wrongdoing must come forward with actual evidence of misconduct — not mere allegations, say attorneys at Cleary.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Justices May Clarify What IP Competitors In Litigation Can Say
If the U.S. Supreme Court agrees to weigh in on Atturo Tire v. Toyo Tire, it may be able to provide guidance on the murky questions surrounding what companies enforcing their intellectual property against competitors are allowed to say in public, say attorneys at Ballard Spahr.
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How Del. Law Rework Limits Corporate Records Requests
Newly enacted amendments to a section of the Delaware General Corporation Law that allows stockholders and beneficial owners to demand inspection of Delaware corporations' books and records likely curtails the scope of such inspections and aids defendants in framing motions to dismiss at the pleading stage, says Jonathan Richman at Brown Rudnick.
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A Recurring Atty Fee Question Returns To Texas High Court
As the Texas Supreme Court is poised to decide if it will once again address — in Maciejack v. City of Oak Point — when a party must segregate attorney fees it seeks to recover, litigators would be wise to contemporaneously classify fees as either recoverable or unrecoverable, say attorneys at Munck Wilson.
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Alien Enemies Act Case Could Reshape Executive Power
President Donald Trump’s invocation of the Alien Enemies Act to deport Venezuelan nationals raises fundamental questions about statutory interpretation, executive power and constitutional structure, which now lay on the U.S. Supreme Court's doorstep, says Mauni Jalali at Quinn Emanuel.
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An Update On IPR Issue Preclusion In District Court Litigation
Two recent Federal Circuit rulings have resolved a district court split regarding issue preclusion based on Patent Trial and Appeal Board outcomes, potentially counseling petitioners in favor of challenging not only all the claims of an asserted patent, but also related patents that have not yet been raised in district court, say attorneys at Alston & Bird.