Appellate

  • March 27, 2024

    LG Chem Mostly Wins Discovery Feud In Vape Battery Suit

    A New Jersey appellate court on Wednesday allowed an LG Corp. unit to prevail on 21 out of 22 discovery challenges in a suit over an exploding vape pen battery, saying the majority of the plaintiff's requests were overly broad and not tailored to his claims.

  • March 27, 2024

    Fed. Circ. Caps $7M Verdict While Clarifying Foreign Damages

    The Federal Circuit on Wednesday rejected Trading Technologies' attempt to increase its $6.6 million patent infringement win against IBG LLC, in an opinion focusing on how to apply a 2018 U.S. Supreme Court ruling on foreign damages.

  • March 27, 2024

    9th Circ. Rejects Rust-Oleum's Bid To Sink Class Cert.

    The Ninth Circuit on Tuesday upheld the certification of a class of Rust-Oleum customers who are suing the company for allegedly greenwashing its degreaser products with the terms "non-toxic" and "Earth friendly."

  • March 27, 2024

    4th Circ. Overturns Fraud Ruling In Suit Over $4.5M Home Buy

    The Fourth Circuit on Wednesday revived fraud claims brought by the buyers of a $4.5 million Virginia home who accuse the seller of lying about licenses and permits for improvements to lure them into the purchase, with the panel concluding a federal district court flubbed decisions on the claims.

  • March 27, 2024

    Imprisoned Bitcoin Fraudster Fights Loss Amount At 7th Circ.

    A Nigerian man serving eight years in prison for carrying out an $8 million bitcoin fraud scheme told the Seventh Circuit on Wednesday that he should be resentenced because a lower court incorrectly considered $46 million in intended losses while determining his sentencing range.

  • March 27, 2024

    Ill. Court Revives Med Mal Suit Over Gauze Left In Sinus

    An Illinois appeals court has revived a woman's suit against her doctor and SIU Physicians & Surgeons Inc. over gauze that she alleges was negligently left in her sinuses after a procedure, finding there's a factual dispute over when the woman found out about the gauze.

  • March 27, 2024

    Justices Grapple With Complex $3M Estate Tax Dispute

    The U.S. Supreme Court confronted a complicated dispute Wednesday over whether the estate of a deceased building supply company owner should be taxed on $3 million in life insurance proceeds the company used to buy his shares after his death, with two justices seeming to take opposing sides.

  • March 27, 2024

    Minn. Justices Uphold Tax Break For Housing Charity

    A Minnesota charity is entitled to a property tax exemption for its low-income housing development, the state Supreme Court ruled Wednesday, finding that the property is operated by the organization in line with its charitable purpose.

  • March 27, 2024

    Fla. Panel Reverses $43M Judgment In Tobacco Suit

    Florida's Third District Court of Appeal on Wednesday reversed a $43 million judgment against Philip Morris USA Inc. in a wrongful death case, issuing a split decision stating that hearsay testimony allowed during the trial wasn't offered to prove that the female decedent believed filtered cigarettes were safe.

  • March 27, 2024

    10th Circ. Orders Atty Fee Redo In Excessive Force Settlement

    A Tenth Circuit panel has ruled that attorney fees prisoners can recover are not capped by federal law, saying that a Kansas prisoner should have gotten more money in his excessive force settlement with the state's highway patrol.

  • March 27, 2024

    2nd Circ. Won't Revive Ex-NY Law Clerk's Harassment Suit

    The Second Circuit Wednesday agreed with a New York federal district court's dismissal of a suit brought by a former New York law clerk accusing the state's judicial system of covering for a judge she says sexually harassed her, holding that it lacked jurisdiction to hear the appeal.

  • March 27, 2024

    Calif. High Court Gives Guideposts For What Counts As Work

    The California Supreme Court's decision that a construction contractor must pay workers for the time they spent waiting in their cars to go through a security check before leaving the job site provides guideposts for determining when wages are owed in other scenarios, attorneys told Law360.

  • March 27, 2024

    PTAB Wrongly Found Laser IP Obvious, Fed. Circ. Rules

    The Federal Circuit on Wednesday reversed a Patent Trial and Appeal Board finding that several claims of a Virtek Vision patent on aligning lasers used in manufacturing are invalid as obvious, while also siding with Virtek Vision on a cross appeal.

  • March 27, 2024

    11th Circ. Affirms Experian's Win In Credit Reporting Suit

    The Eleventh Circuit has determined a district court didn't err in evidentiary rulings in a case brought by a Florida resident against Experian Information Solutions Inc. alleging it inaccurately reported a discharged mortgage in his credit history, upholding a verdict in favor of the company.

  • March 27, 2024

    6th Circ. Won't Rethink $25M Crash Award Against Nissan

    Nissan North America Inc. still can't offload a $25 million award against it for a fatal crash onto a brake supplier, as the Sixth Circuit panel that ruled against it has said it will not reconsider its ruling, and the full court has declined to take up the matter. 

  • March 27, 2024

    Divided 5th Circ. Blocks Texas Migrant Arrest Law

    A divided Fifth Circuit blocked a Texas law that would have allowed the state to arrest and deport migrants suspected of having crossed the border unlawfully, ruling in a decision released just after midnight Wednesday that federal immigration authority likely trumps state powers.

  • March 26, 2024

    Jackson Paints Abortion Clash As Microcosm Of Bigger Brawl

    A war of words Tuesday at the U.S. Supreme Court over access to abortion medication marked a climactic moment after a lengthy legal slugfest. But probing questions from Justice Ketanji Brown Jackson illustrated that the main event for reproductive rights was also simply a single round in a much larger fight over the government's regulatory powers.

  • March 26, 2024

    8th Circ. Urged To Freeze SEC Climate Rules Once More

    An energy company suing the U.S. Securities and Exchange Commission over its recently finalized climate disclosure rules urged the Eighth Circuit on Tuesday to stay the implementation of the rules, after a stay granted by the Fifth Circuit was recently lifted following the consolidation of various related lawsuits.

  • March 26, 2024

    Consumers Push For New 9th Circ. Panel In Qualcomm Case

    Cellphone buyers are coming out strong against Qualcomm's request to have the same Ninth Circuit panel that vacated their class certification hear an appeal to revive the long-running antitrust litigation over the company's licensing practices, saying there is no reason for "meddling with the usual practice for assigning cases."

  • March 26, 2024

    9th Circ. Frees College From Off-Campus Rape Suit

    The Ninth Circuit says a Washington university does not need to face claims by a woman who was raped at an off-campus party during her freshman year, as it was expected to do following a state supreme court ruling in the school's favor. 

  • March 26, 2024

    Fed. Circ. Wrongly Invented New Design IP Rules, Justices Told

    A sportswear company wants the U.S. Supreme Court to weigh in on a federal circuit's ruling that created a new standard for how courts should review challenges to design patents, which was won by rival Oregon clothing giant Columbia Sportswear.

  • March 26, 2024

    9th Circ. Says Tanker Can't Be Used To Enforce $10M Debt

    The Ninth Circuit affirmed on Monday that a nearly 800-foot crude oil tanker could not be seized to enforce some $10 million in arbitral awards against a defunct gas shipping company, ruling that the plaintiffs couldn't prove the tanker's owner had helped to hide the shipping company's assets.

  • March 26, 2024

    11th Circ. Considers Reviving Urologist's Sex Bias Suit

    A urologist who alleged gender discrimination led to her removal from the University of Florida's urology department urged the Eleventh Circuit on Tuesday to overturn a district court decision freeing the university and two clinic doctors from claims levied against them in her sex bias suit.

  • March 26, 2024

    Web Designer To Get Atty Fees After High Court Win

    A federal judge on Tuesday said a Christian website designer and her company are entitled to attorney fees and costs after the U.S. Supreme Court ruled last year that Colorado can't force her to create wedding websites for same-sex couples.

  • March 26, 2024

    Insurer Wants $29M Treble Damages Ruling Reversed In NC

    An insurer has asked a North Carolina state appeals court to overturn a nearly $29 million ruling penalizing it for failing to defend an employee who crashed a company truck, killing his colleague, citing a policy exclusion for employee injury cases it said the trial court ignored.

Expert Analysis

  • When Your Client Insists On Testifying In A Criminal Case

    Author Photo

    Speculation that former President Donald Trump could take the stand in any of the four criminal cases he faces serves as a reminder for counsel to consider their ethical obligations when a client insists on testifying, including the attorney’s duty of candor to the court and the depth of their discussions with clients, says Marissa Kingman at Fox Rothschild.

  • Tips On Numerical Range From Fed. Circ. Philip Morris Ruling

    Author Photo

    The Federal Circuit's recent RAI v. Philip Morris decision that a patent provided sufficient written description to support a claimed numerical range offers several takeaways for practitioners, including the need for a cautious approach to criticism of ranges, say attorneys at BCLP.

  • How Calif. Video Recording Ruling May Affect Insured Exams

    Author Photo

    A recent California appellate decision, Myasnyankin v. Nationwide, allowing policyholders to video record all parties to an insurance examination under oath, has changed the rules of the road for EUOs and potentially opened Pandora's box for future disputes, say John Edson and Preston Bennett at Sheppard Mullin.

  • Fed. Circ. Patent Lesson: No Contradiction, No Indefiniteness

    Author Photo

    The Federal Circuit’s recent ruling in Maxwell v. Amperex Technology highlights the complexities of construing patent claims when seemingly contradictory limitations are present, and that when a narrowing limitation overrides a broader one, they do not necessarily contradict each other, says Roy Wepner at Kaplan Breyer.

  • 11th Circ. FMLA Ruling Deepens Divide Over Causation

    Author Photo

    The Eleventh Circuit's recent ruling in Lapham v. Walgreen distinguishes the circuit as the loudest advocate for the but-for causation standard for assessing Family and Medical Leave Act retaliation claims, though employers in other jurisdictions may encounter less favorable standards and the U.S. Supreme Court will likely have to address the circuit split eventually, say attorneys at Benesch.

  • 3 Notification Pitfalls To Avoid With Arbitration Provisions

    Author Photo

    In Lipsett v. Popular Bank, the Second Circuit found that a bank's arbitration provision was unenforceable due to insufficient notice to a customer that he was bound by the agreement, highlighting the importance of adequate communication of arbitration provisions, and customers' options for opting out, say attorneys at Covington.

  • Why Preemption Args Wouldn't Stall Trump Hush-Money Case

    Author Photo

    With former President Donald Trump's New York hush-money criminal trial weeks away, some speculate that he may soon move to stay the case on preemption grounds, but under the Anti-Injunction Act and well-settled case law, that motion would likely be quickly denied, says former New York Supreme Court Justice Ethan Greenberg, now at Anderson Kill.

  • Golf Course Copyright Bill Implications Go Beyond The Green

    Author Photo

    A new federal bill, the BIRDIE Act, introduced in February would extend intellectual property protections to golf course designers but could undercut existing IP case law and raise broader questions about the scope of copyright protection for works that involve living elements or nonhuman authorship, say attorneys at Bradley Arant.

  • BIPA's Statutory Exemptions Post-Healthcare Ruling

    Author Photo

    The Illinois Supreme Court's November opinion in Mosby v. Ingalls Memorial Hospital, which held that the Biometric Information Privacy Act's healthcare exemption also applies when information is collected from healthcare workers, is a major win for healthcare defendants that resolves an important question of statutory interpretation, say attorneys at Quinn Emanuel.

  • 2nd Circ.'s Nine West Ruling Clarifies Safe Harbor Confusion

    Author Photo

    The Second Circuit’s recent ruling in Nine West’s Chapter 11 suit clarifies that courts in the circuit will apply a transfer-by-transfer analysis to determine the applicability of Section 546(e) of the Bankruptcy Code, and that to be safe harbored, a financial institution must act as an agent with respect to the specific transfer at issue, says Leonardo Trivigno at Carter Ledyard.

  • Opinion

    9th Circ. Nazi Art Theft Ruling Is Bad For Repatriation Cases

    Author Photo

    The Ninth Circuit’s recent decision in Cassirer v. Thyssen-Bornemisza Collection Foundation, holding that a Spanish museum doesn't have to return a Nazi-stolen painting to the original Jewish owners, spells trouble for future heirloom repatriation cases, which hinge on similar archaic laws, say Andrea Perez and Josh Sherman at Carrington Coleman.

  • Business Litigators Have A Source Of Untapped Fulfillment

    Author Photo

    As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.

  • Series

    Skiing Makes Me A Better Lawyer

    Author Photo

    A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.

  • Opinion

    High Court Should Endorse Insurer Standing In Bankruptcy

    Author Photo

    In Truck Insurance Exchange v. Kaiser Gypsum, the U.S. Supreme Court will examine bankruptcy standing doctrine as applied to insurers in mass tort cases, and should use the opportunity to eliminate spurious standing roadblocks to resolving insurer objections on their merits, says Frank Perch at White and Williams.

  • High Court Social Media Speech Ruling Could Implicate AI

    Author Photo

    In Moody v. NetChoice and NetChoice v. Paxton, the U.S. Supreme Court is considering whether certain state laws can restrict content moderation by social media platforms, but the eventual decision could also provide insight into whether the first amendment protects artificial intelligence speech, say Joseph Meadows and Quyen Dang at GRSM50.

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.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!