Appellate

  • February 11, 2025

    Billionaire Ira Rennert Says Justices Must Resolve Peru Fight

    A mining company controlled by billionaire Ira Rennert has repeated its bid for the U.S. Supreme Court to resolve whether the Eighth Circuit mistakenly denied dismissal of claims by more than 1,000 Peruvians over alleged pollution, saying the circuit court's opinion "distorted" international comity.

  • February 11, 2025

    Ex-Texas Mayor Fails Retrial Bid On Federal Bribery Charges

    A Texas federal judge on Tuesday shot down a bid by Laura Jordan, the former mayor of Dallas suburb Richardson, and her husband to get a new trial based on new evidence, saying the convicted fraudsters never showed the government suppressed the evidence in question.

  • February 11, 2025

    J&J Allies Dub Milestone Fee Reversal 'Crucial' To Del.

    The National Association of Manufacturers pushed back Tuesday against Fortis Advisors LLC opposition to a NAM amicus brief seeking Delaware Supreme Court reversal of a medical robotics developer's $1 billion merger milestone damage award after its acquisition by Johnson & Johnson.

  • February 11, 2025

    SC Justices Question Receivership Orders In Asbestos Row

    The South Carolina Supreme Court on Tuesday appeared to agree with a trial court's imposition of sanctions against two Canadian companies found to disobey discovery orders in asbestos injury lawsuits, but questioned whether the judge's corresponding appointment of a receiver over their insurance assets was premature.

  • February 11, 2025

    Red States Tell 8th Circ. DACA Health Coverage Harms Them

    A coalition of 19 Republican-led states has told the Eighth Circuit they can challenge a federal rule expanding Affordable Care Act benefits to Dreamers, citing more than $624,000 in increased costs Idaho, Kentucky and Virginia will incur as a result.

  • February 11, 2025

    Justices Ponder If Colo. Climate Case Would Open Floodgates

    Colorado justices on Tuesday asked a city and county seeking damages against ExxonMobil and Suncor over the local impacts of climate change why such suits don't amount to an attempt to regulate the oil and gas industry, with one justice saying he has "practical concerns" about more municipalities bringing novel climate tort claims.

  • February 11, 2025

    Couple's Chickens Are Pets, Not Poultry, NC Justices Told

    A North Carolina couple urged the state's highest court to back a state appeals court's ruling finding their 60-plus chickens are household pets, arguing that a jury was improperly instructed that chickens can't be pets under their neighborhood's restrictive covenant.

  • February 11, 2025

    Monsanto Loses Attempt To Overturn $1.25M Roundup Award

    A Missouri appellate court on Tuesday refused Monsanto's request to overturn a $1.25 million award to a man who claimed Roundup weed killer caused his cancer, leaning on reasoning from several other state and federal appeals courts that favored consumers over the company.

  • February 11, 2025

    5th Circ. Affirms Dismissal Of Jones Act Competition Suit

    A Fifth Circuit panel rejected a Houston company's challenge of a U.S. Customs and Border Protection determination regarding the extent to which domestic vessels compliant with the Jones Act must be tapped to haul rock used to protect the foundations of offshore wind facilities.

  • February 11, 2025

    Patent Attys Can Be Liable For Fees Too, Justices Told

    The tech and retail industries are endorsing an effort by Dish Network aiming to persuade the U.S. Supreme Court to potentially expand the personal liability of lawyers who file failed patent cases that are found to be "exceptional" by the courts. 

  • February 11, 2025

    9th Circ. Doubts X Plaintiff Can Revive Phone Data Suit

    A Ninth Circuit panel on Tuesday questioned whether a lawsuit targeting social platform X could be revived and remanded to state court, with one judge suggesting circuit precedent established a privacy right that keeps the case in federal court, and another saying the lower court had "broad discretion" in deciding to dismiss the case.

  • February 11, 2025

    What Judges Want You To Know: Litigate Smarter

    Federal judges regularly sit on panels at conferences and similar events, sharing their best practices and most valuable pieces of advice with patent lawyers and others in the room. In the second installment of a two-part series, Law360 has pulled together advice from over the last few years that remains as relevant as ever.

  • February 11, 2025

    Monsanto PCB Appeal Seems To Divide Wash. High Court

    Thorny choice-of-law issues seemingly divided the Washington State Supreme Court during oral arguments Tuesday, with one justice suggesting that the teachers who brought suit are relying on "forum-shopping" to reinstate a $185 million win against Monsanto, and another saying the company's stance violates state law intended to hold corporations accountable for harming citizens.

  • February 11, 2025

    Colo. Justices Mull Statute's Silence In Med Mal Cap Debate

    The Colorado Supreme Court on Tuesday pressed a doctor on why it should cap a patient's prefiling interest in a medical malpractice case when lawmakers didn't clearly state whether an exception to a damages cap applies.

  • February 11, 2025

    Biz Group Balks At Piecemeal Bonds In Crane Collapse Case

    A Dallas appellate court's requirement that each debtor fighting a $400 million fatal crane collapse judgment must post an individual bond discourages appeals and creates an unpredictable tort liability system, a Texas business advocacy group told the state Supreme Court on Monday.

  • February 11, 2025

    MSN Urges Fed. Circ. To Reinvalidate Novartis' Entresto IP

    A Delaware federal judge properly invalidated a patent covering Novartis Pharmaceuticals' blockbuster cardiovascular drug Entresto for lacking written description, and a panel should never have overridden him, MSN Pharmaceuticals told the full Federal Circuit seeking a rehearing.

  • February 11, 2025

    Law Firm Equity Doesn't Offset Workers' Comp, NC Panel Told

    A former partner at Cranfill Sumner LLP stuck in a 19-year struggle with his former law firm over workers' compensation told the North Carolina Court of Appeals on Tuesday that his equity stake shouldn't offset the amount of disability benefits he's paid.

  • February 11, 2025

    Split 3rd Circ. Keeps Merck Vaccine Antitrust Panel Immunity

    The full Third Circuit refused to reconsider a ruling that immunized Merck & Co. from antitrust claims over submissions it made to federal regulators for its mumps vaccine, over the objection of a trio of appellate judges.

  • February 11, 2025

    Conn. High Court Won't OK Claims Of Relational Loss Of Child

    The Connecticut Supreme Court ruled Tuesday that state law does not recognize a cause of action for loss of filial consortium, answering a question from a federal judge who was overseeing a product liability case against Target Stores Inc. and the maker of an infant car seat that caught fire, severely injuring a baby.

  • February 11, 2025

    DOL Asks 5th Circ. To Pause Fiduciary Rule Battle

    The U.S. Department of Labor asked the Fifth Circuit on Tuesday to pause its appeal of two federal court rulings blocking regulations that broadened the Employee Retirement Income Security Act's definition of a fiduciary, stating the Trump administration needs time to catch up on the case.

  • February 11, 2025

    Insurer May Need To Pay Landlord Row Atty Fees, Panel Says

    A California state appeals court found in a partial reversal that an insurer may not be owed more than $300,000 in disputed attorney fees following a $925,000 settlement it contributed to on behalf of a landlord it insured over a tenant dispute.

  • February 11, 2025

    Hyundai Urges 11th Circ. To Uphold Dreadlock Policy Ruling

    A trial court rightly dismissed the suit of a woman who alleged she was racially targeted and fired from her job at a Hyundai plant due to a discriminatory policy prohibiting dreadlocks, Hyundai told the Eleventh Circuit, urging the court not to revive the suit.

  • February 11, 2025

    DC Circ. Won't Pause Google Search Case For Apple Appeal

    The D.C. Circuit refused to pause the government's search monopolization case against Google while Apple appeals a ruling that denied its bid to participate in a coming April trial meant to determine what remedies to impose on Google for violating antitrust law.

  • February 11, 2025

    Fed. Circ. Revives Patent Suit Against Groupon

    A Patent Trial and Appeal Board ruling that invalidates some claims of a patent does not prevent the patent owner from asserting different claims in court, the Federal Circuit has ruled, finding that a lower court wrongly dismissed a patent suit against Groupon Inc.

  • February 11, 2025

    5th Circ. Backs UPS' Win In Fired Black Worker's Bias Suit

    The Fifth Circuit upheld the dismissal of a Black former UPS worker's suit claiming she was retaliated against and fired for complaining that managers sexually harassed and mistreated her because of her race, finding she lacked proof that discrimination was at play.

Expert Analysis

  • Mass Arbitration Procedures After Faulty Live Nation Ruling

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    Despite the Ninth Circuit's flawed reasoning in Heckman v. Live Nation, the exceptional allegations of collusive conduct shouldn't be read to restrict arbitration providers that have adopted good faith procedures to ensure that consumer mass arbitrations can be efficiently resolved on the merits, says Collin Vierra at Eimer Stahl.

  • Lessons From Two New Year's Eve Uptier Exchange Decisions

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    On the last day of 2024, two different courts issued important decisions relating to non-pro rata uptier exchanges — and while they differ, both rulings highlight that transactions effected in reliance on undefined terms in debt agreements come with increased risk, say attorneys at Simpson Thacher.

  • Public Corruption Enforcement In 2024 Has Clues For 2025

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    If 2024 activity is any indication, the U.S. Supreme Court will likely continue to rein in expansive prosecutorial theories of fraud in the year to come, but it’s harder to predict what the new administration will mean for public corruption prosecutions in 2025, says Cathy Fleming at Offit Kurman.

  • Issues To Watch In 2025's ERISA Litigation Landscape

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    Whether 2024’s uptick in new Employee Retirement Income Security Act cases will continue this year will likely depend on federal courts’ resolution of several issues, including those related to excessive fees, defined contribution plan forfeitures, and pleading standards for ERISA-prohibited transaction claims, say attorneys at Groom Law.

  • Patent Ruling Sheds Light On Printed Matter Doctrine

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    Patent attorneys should pay attention to the claim language highlighted in Ioengine v. Ingenico, where the Federal Circuit held that program code was not printed matter, but essentially instructions or content, and therefore not subject to the printed matter doctrine for patent challenges, says Irah Donner at Manatt.

  • Calif. Justices' Options In Insurance Exhaustion Case

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    Fox Paine v. Twin City Fire Insurance may serve as the California Supreme Court's opportunity to firmly establish precedent with respect to a strict adherence to excess insurance policies' exhaustion provisions when the language is clear and explicit, says Aiden Spencer at Langsam Stevens.

  • Justices Could Stitch Up ERISA Circuit Split With Cornell Case

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    In Cunningham v. Cornell, scheduled for oral arguments next week, the U.S. Supreme Court has the opportunity to provide uniform pleading standards for Section 1106(a) of the Employee Retirement Income Security Act, the lack of which has vexed circuit courts and benefits counsel for years, says Scott Tippett at Offit Kurman.

  • Considering The Status Of The US Doctrine Of Patent Misuse

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    A recent Ninth Circuit decision and a U.K. Court of Appeal decision demonstrate the impact that the U.S. Supreme Court's 2015 decision in Kimble v. Marvel Entertainment has had on the principle that post-patent-expiration royalty payments amount to patent misuse, not only in the U.S. but in English courts as well, say attorneys at Covington.

  • Series

    Playing Rugby Makes Me A Better Lawyer

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    My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.

  • Looking Back At 2024's Noteworthy State AG Litigation

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    State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.

  • Opinion

    No, Litigation Funders Are Not 'Fleeing' The District Of Del.

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    A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.

  • The Compliance Trends And Imperatives On Tap In 2025

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    The corporate ethics and compliance landscape is rapidly evolving, posing challenges from conflicting stakeholder expectations to technological disruptions, and businesses will need to explore human-centered, data-driven and evidence-based practices, says Hui Chen at CDE Advisors.

  • Opinion

    Congress Should Finally Add Clarity To Section 101

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    With both the U.S. House of Representatives and Senate introducing bills to provide guidance on what qualifies as patentable subject matter under the Patent Act, Congress will hopefully put an end at last to 10 years of uncertainty surrounding the question, says David Carstens at Carstens Allen.

  • 5 Advertising Law Trends To Watch In 2025

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    Although advertisers are encouraged by the incoming Trump administration's focus on deregulation, this year could feel like wading through uncharted waters, and decreased federal government regulation may mean increased state regulation, say attorneys at Reed Smith.

  • 5 E-Discovery Predictions For 2025 And Beyond

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    In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.

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