The death of U.S. Supreme Court Justice Ruth Bader Ginsburg has ignited new fears that the sudden opening on the bench might lead to the end of the Affordable Care Act in a closely watched case before the high court, but experts cautioned that the health insurance law's fate is far from sealed.
A New Jersey federal judge on Tuesday shot down a bid from two California women to create a subclass of Golden State consumers in antitrust litigation against Pfizer Inc. and Ranbaxy Inc. over the cholesterol drug Lipitor, swatting away claims of a purported conflict of interest between them and other end-payors.
A pair of House Democrats on Monday criticized the U.S. Department of Defense for floating a trial balloon to push the creation of a government-run next-generation wireless network, saying it would hobble U.S. competitiveness in the global race to deploy 5G.
The Trump administration pushed the U.S. Supreme Court on Tuesday for permission to exclude unauthorized immigrants from the census count for political redistricting, after a three-judge panel blocked the effort and found that the case was "not particularly close."
The Third Circuit on Tuesday affirmed the dismissal of claims brought by the estate of a family that died in an apartment fire in Philadelphia after a "cascade of errors" in the emergency response, in a precedential opinion that maintained that courts can only provide relief in limited circumstances.
A Pennsylvania school district took reasonable measures when it furloughed three tenured teachers to combat a budget shortfall, a panel of Third Circuit judges has ruled unanimously.
An Atlantic City casino's former general counsel on Tuesday hit the hotel with state whistleblower and discrimination claims alleging she was fired for objecting to the business's decision to send false information to the state's Division of Gaming Enforcement and ultimately replaced by a less-experienced male attorney.
As the stalemate over a new COVID-19 pandemic relief bill continues in the federal government, state lawmakers and leaders made progress over the past week with new measures to battle the health and financial fallout of the coronavirus.
A Capital One cardholder urged a New Jersey federal judge Tuesday not to toss her proposed class action that claims the bank misled customers about eligibility to receive travel vouchers for flights canceled amid the COVID-19 pandemic, saying despite what the bank says, the case isn't moot.
Catalyst Pharmaceuticals Inc. fought Tuesday against a federal judge's determination that the U.S. Food and Drug Administration lawfully approved a lower-cost version of a drug that treats a rare autoimmune disease, arguing that the Orphan Drug Act does not allow the approval of two drugs to treat the same disease.
Michigan Attorney General Dana Nessel discusses her office's efforts to curb deceptive business practices by drop shippers — middlemen who entice purchasers using false or misleading information — and to educate consumers about the pitfalls of online shopping during the pandemic.
Justice Ruth Bader Ginsburg died on Friday at age 87. Here, Law360 looks at the feminist icon's legacy and the battle brewing over her seat.
Justice Ruth Bader Ginsburg is among the few on the U.S. Supreme Court to have etched her name into legal history long before donning a robe. In a special episode this week, Law360's The Term dives into her legacy as a pioneering women's rights advocate with two guests who worked by her side.
Known as a budding superstar in Florida conservative legal circles, committed textualist Judge Barbara Lagoa could continue her lightning-quick ascent through the appellate ranks if President Donald Trump taps her for the now-vacant U.S. Supreme Court seat, where she would become the first Cuban-American, and first Floridian, to sit on the high court.
A New Jersey state appeals court on Monday questioned a homeowners association's bid to join a since-dismissed suit as a means of attacking a municipal zoning ordinance, saying the group could raise similar arguments in its own pending suit over the regulations.
The Senate majority leader on Monday defended his plan to replace Justice Ruth Bader Ginsburg this year, while the House speaker said the late jurist will become the first woman to lie in state at the Capitol.
A judicial clerk on Monday urged a New Jersey federal court against tossing a sexual harassment suit against the state of New Jersey and several officials, arguing she has provided sufficient evidence for the case to proceed.
A class of direct Zetia buyers accusing Merck and Glenmark Pharmaceuticals of conspiring to keep a generic version of the cholesterol drug off the market has urged the Fourth Circuit not to allow the drug companies an immediate appeal of their certification.
Student loan servicer Navient Corp. challenged the federal Consumer Financial Protection Bureau's delegation of enforcement power to Pennsylvania's attorney general late Friday, taking a new tack in its district court battle with the commonwealth after losing a related Third Circuit appeal.
A class of consumers urged a New Jersey federal court to reject attempts by Walgreens, CVS and Rite Aid to escape multidistrict litigation alleging they misrepresented a generic high blood pressure drug, saying the pharmacies are shirking obligations by calling themselves drug testers instead of sellers.
A New York federal judge has allowed a Quest Diagnostics subsidiary to dodge an overtime collective action from nearly 3,000 medical screeners, finding differences in their responsibilities and how they recorded their hours bar them from litigating the claims as a group.
Members Exchange, or MEMX, a new Wall Street-backed stock exchange seeking to compete against dominant players including the New York Stock Exchange and Nasdaq, began trading several major securities Monday, vowing to improve service and lower costs for investors.
A New York federal judge agreed Monday to halt U.S. Postal Service changes that allegedly threaten to delay mail-in ballot delivery to voters during a contentious election year complicated by the COVID-19 pandemic, ordering the agency to prioritize election mail delivery and greenlight extra hours for postal workers.
Biotechnology firm Illumina Inc. has agreed to buy Grail, a publicly traded cancer detection company it founded back in 2016, for roughly $8 billion, the two California-based companies said Monday, in a deal stitched together by Cravath and Latham & Watkins.
Justice Ruth Bader Ginsburg’s law clerks say that she brought the same level of care and dedication to her relationships with them as she did to the rest of her life. Here are some stories they shared, demonstrating how those qualities seeped into her relationships and interactions.
For the last 20 years, at the insistence of both parties, U.S. Supreme Court nominations have been fierce ideological battles — which is bad for the country and bad for the public's perception of the legitimacy of the court, say Judge Eric Moyé, Judge Craig Smith and Winston & Strawn partner Tom Melsheimer.
Current privilege logging practices to identify what information is being withheld from discovery often lead to costly disputes, so practitioners should adopt a system based on trust and good faith, similar to the presumptions embedded in the business judgment rule for corporate directors and officers, say Kevin Brady at Volkswagen and Charles Ragan and Ted Hiser at Redgrave.
Financially robust law firms are entering the recruiting market aggressively knowing that dislocations like the COVID-19 crisis present rare competitive opportunities, and firms that remain on the sidelines when it comes to strategic hiring will be especially vulnerable to having their best talent poached, says Brian Burlant at Major Lindsey.
It can take years and cost millions of dollars to secure state regulatory approval for electric transmission system upgrades needed to facilitate clean energy development, so it is important for states to create abbreviated siting processes for projects with limited anticipated impacts, says Andy Flavin at Troutman Pepper.
COVID-19 concerns and glaring gaps in registration threaten to dampen voter turnout in the 2020 election, so attorneys should take on the problem by leveraging their knowledge and resources in seven ways, says Laura Brill at Kendall Brill.
When a witness is isolated from the defending lawyer during a remote deposition, carefully planning the logistics and building witness confidence are critical to avoiding damaging admissions, say Jessica Staiger at Archer Daniels and Alec Solotorovsky at Eimer Stahl.
As the pandemic delays in-person arbitration hearings, mediator and arbitrator Theodore Cheng provides arbitrators with a checklist to examine the rationale and authority for compelling parties to participate in remote hearings.
New York Attorney General Letitia James highlights her office's efforts to ease financial burdens for New York residents and businesses struggling during the pandemic by fighting fraud, policing employers, assisting with debt relief and more.
Recent law firm trademark disputes highlight how the tension between legal ethics rules and trademark law can make it difficult for firms to select brands that are distinctive and entitled to protection, say Kimberly Maynard and Tyler Maulsby at Frankfurt Kurnit.
Following a New York federal court's recent opinion vacating the U.S. Department of the Interior's move to weaken migratory bird protections, industry players must be mindful of potential liability for incidental killings until the DOI clarifies the issue in a forthcoming rule, say Peter Whitfield and Aaron Flyer at Sidley.
Detailed analysis of the Third Circuit's Lamictal ruling in the context of other recent pharmaceutical antitrust decisions clarifies when experts can use average prices to demonstrate classwide harm in order to sustain or defeat class certification, say Justin Cohen and Thu Hoang at Wilson Sonsini.
As practitioners increasingly turn to dispositive motion practice within arbitration, they should be aware of the underlying authority for these motions and consider practical guidance for their use, says arbitrator and mediator Janice Sperow.
Montana Attorney General Tim Fox discusses his efforts with other state attorneys general to push federal authorities to pursue an antitrust investigation of the beef processing industry, and the importance of maintaining competitive markets and protecting consumers during the COVID-19 pandemic.
The strategic use of amicus briefs can help an appellate court think about a case in a new way and lift an organization's own cause or reputation for legal thought, say Mark Chopko and Karl Myers at Stradley Ronon.
The recent New York and D.C. attorneys general lawsuits against the National Rifle Association show that states are aggressively policing nonprofits — including activities ordinarily monitored by federal agencies — and should put organizations on notice of regulators' enforcement priorities, say attorneys at WilmerHale.