Appellate

SATURDAY, DECEMBER 20, 2025

By Emily Field

The Fourth Circuit's decision to unravel an early landmark ruling in litigation over the opioid crisis in a suit brought by West Virginia counties against drug distributors tops Law360's list of product liability cases of the past year, as well as a loss for Tesla in a newsworthy trial over the automaker's Autopilot feature. Here's what other cases garnered attorneys' attention in 2025.

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SUPREME COURT

Feds Urge Justices To Keep SEC Disgorgement Power Intact

By Katryna Perera

The Trump administration has joined the call for the U.S. Supreme Court to resolve a circuit split over the U.S. Securities and Exchange Commission's disgorgement powers, urging the justices to find that alleged fraudsters should be required to give up illegal profits even if the government can't show investors lost money.

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Eli Lilly Workers Say Justices Needn't Mull Collective Standard

By Hailey Konnath

Eli Lilly workers on Wednesday pressed the U.S. Supreme Court not to disturb a Seventh Circuit decision establishing a new, more flexible standard for certifying collective actions, arguing that there's no "urgent" need for the high court to weigh in on the dispute.

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Vegas Sun Wants Justices To Revive Protective Pact

By Bryan Koenig

The Las Vegas Sun wants the U.S. Supreme Court to take up a Ninth Circuit decision that nixed an agreement protecting it from the Las Vegas Review-Journal's alleged plan to drive it out of business, arguing that the old pact with the more conservative paper was valid even without express government approval.

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School District Asks High Court To Stop Officials' Depositions

By Spencer Brewer

A Texas school district has asked the U.S. Supreme Court to let two district officials avoid sitting for depositions in a case alleging the district discriminated against Black students who wore their hair in locs, saying the officials are legislators and cannot be compelled to testify barring an extraordinary exception.

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Dems Offer Bill To Shine Light On High Court 'Shadow Docket'

By Ryan Boysen

Democratic lawmakers have introduced a bill that would require the U.S. Supreme Court to explain its "shadow docket" rulings, criticizing the high court for issuing "harmful, backwards decisions" that "impact millions of Americans' lives" but are often unaccompanied by a formal opinion.

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DC CIRCUIT

DC Circ. Wonders If Noncitizen Registration Is New Rule

By Nadia Dreid

The D.C. Circuit pushed back Thursday morning on the idea that the Trump administration created a new rule by requiring all noncitizens to register with the federal government under threat of federal prosecution, suggesting it might just be enforcing federal immigration law.

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DC Circ. Told Transferred Ethics Suit Bolsters Newman's Case

By Adam Lidgett

Suspended Federal Circuit Judge Pauline Newman is contending that a decision in which an ethics complaint against a Fourth Circuit judge was transferred out of his home court bolsters her argument that her fellow circuit judges shouldn't have investigated her fitness to remain on the bench.

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FIRST CIRCUIT

Ramey Must Seek Permission For Future WDTX Patent Suits

By Elliot Weld

A Texas federal judge has laid out several frustrations he has with the conduct of intellectual property attorney William Ramey, ordering Ramey to seek permission from the court before filing patent suits in the future and ordering him to pay $72,000 in attorney fees to Cisco for pursuing "nuisance settlements" and failing to conduct presuit investigations.

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SECOND CIRCUIT

2nd Circ. Bars Email Service In Chinese 'Baby Shark' Case

By Adam Lidgett

The Second Circuit on Thursday backed a finding that the owner of "Baby Shark" trademarks, which won a default judgment against dozens of Chinese companies, didn't properly serve two of those businesses, saying an email didn't pass muster under the rules of the Hague Service Convention.

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FIFTH CIRCUIT

Ex-NFL Player Can't Keep $1.9M Atty Fees, 5th Circ. Rules

By David Steele

Former NFL player Michael Cloud was not owed attorney fees by the NFL's retirement plan from his attempt to attain disability benefits, the Fifth Circuit said Thursday, dealing Cloud another defeat after a previous court victory was reversed.

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5th Circ. Won't Force Aramark To Arbitrate Aetna ERISA Suit

By Lauren Berg

Aetna cannot force food services company Aramark to arbitrate allegations the insurer cost it millions of dollars by approving shoddy health benefit claims, a split Fifth Circuit panel affirmed Thursday, saying the parties' agreement doesn't clearly delegate arbitrability to an arbitrator and the claims seek equitable, not legal, relief.

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SEVENTH CIRCUIT

Amazon Can't Shed Class Status In Virtual Try-On Privacy Suit

By Ben Adlin

A Seventh Circuit panel has affirmed an Illinois district judge's certification of a class of more than 100,000 Amazon shoppers who accuse the e-commerce giant of illegally collecting and preserving their facial geometry data when they used the company's virtual try-on feature to preview products such as makeup and eyewear.

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7th Circ. Upholds Ex-Illinois Lawmaker's Tax Sentence

By Kat Lucero

A former Illinois lawmaker cannot change her sentence despite attempts to comply with her tax reporting obligations after she was charged with evading them, the Seventh Circuit ruled Thursday, rejecting her argument that a lower court unconstitutionally barred evidence of her amended return.

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7th Circ. Declines To Stay Alcoa Life Insurance Injunction

By Emily Brill

An injunction ordering aluminum producer Alcoa USA Corp. to reinstate certain retirees' life insurance benefits will remain active while the company appeals the underlying decision, the Seventh Circuit held Thursday, denying Alcoa's motion to stay the injunction.

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NINTH CIRCUIT

9th Circ. Revives National Forest Road Injury Claim

By Jonathan Capriel

A timber worker who suffered injuries when his excavator slid off a Washington road under the control of the U.S. Forest Service will get the opportunity to take his claims to trial, the Ninth Circuit ruled Wednesday, saying a jury needs to decide whether the worker's employer or the federal government was responsible for the road's upkeep.

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SF, Oakland Near Settlement In Airport Name Trademark Fight

By Dorothy Atkins

The Port of Oakland has cut a tentative deal with the city and county of San Francisco to resolve a trademark infringement suit over Oakland renaming its international airport to include "San Francisco Bay," according to a joint stipulation filed in California federal court Wednesday.

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Brief

AT&T Worker Takes 401(k) Forfeiture Suit To 9th Circ.

By Jack McLoone

An AT&T worker has turned to the Ninth Circuit after a California federal judge spiked his proposed class action alleging that the telecom giant misspent employee 401(k) plan forfeitures.

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TENTH CIRCUIT

NAR Brokers Are Antitrust Conspirators, 10th Circ. Told

By Grace Dixon

Homie Tech Inc. told the Tenth Circuit that the National Association of Realtors can't paint its broker members as third parties in an effort to duck the residential brokerage startup's antitrust claims over a boycott flowing from NAR rules those members followed.

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ELEVENTH CIRCUIT

11th Circ. Backs School District's Win In Race Bias Suit

By Kelcey Caulder

The Eleventh Circuit has upheld a Georgia school district's victory in a Black employee's suit alleging the superintendent failed to investigate reports of the racial discrimination he experienced from the school district's chief information officer.

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NEW YORK

NY Court Orders Resentencing Over Repeat Offender Definition

By Elizabeth Daley

A man sentenced as a persistent violent offender after being convicted of criminal weapons possession and resisting arrest will have his sentence modified after a New York appeals court found there wasn't proof that his prior Vermont felonies were equal to in-state offenses.

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NY Appeals Court Lets $62M PDVSA Bond Feud Proceed

By Caroline Simson

A New York appeals court on Thursday rejected a bid by Venezuela's state-owned oil company to find that service of a lawsuit over a roughly $62 million defaulted bond was insufficient under the Foreign Sovereign Immunities Act, ruling that the company had waived its right to be served in compliance with the act.

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CALIFORNIA

$10B Verdict Hinges On Witness Order, Katyal Tells Panel

By Craig Clough

Milbank's Neal Katyal urged a California state appellate panel to grant a new trial to a man who lost an estimated $10 billion verdict when a jury found he violated an oral agreement with his brothers over a real estate empire, saying the witness order violated a civil procedure rule.

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TEXAS

Texas Court Says Rodeo Is Shielded From Racer's Injury Claims

By Jonathan Capriel

A barrel racer can't sue a San Angelo, Texas, rodeo for injuries she suffered after being thrown into a fence by the horse she was racing, a Texas state appeals court has ruled, saying her injuries stemmed from the inherent risks that come from dealing with farm animals.

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FLORIDA

Fla. High Court Says $5B Bond Deal Can't Be Set Aside

By Carolina Bolado

Florida's Supreme Court agreed Thursday that counties and tax collectors could not reopen a bond validation judgment issuing $5 billion in bonds for renewable energy and hurricane mitigation projects, ruling that state law makes clear that if bonds are validated and there is no appeal, the judgment is final.

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Fla. Panel Ends Medicare Assignee's Suits Against Insurers

By Hope Patti

A Florida state appeals court directed a trial court to toss three separate suits brought by assignees of secondary payors seeking information from nonresident auto insurers under the state's no-fault statute, saying the claims are not connected to the insurers' activities within the state.

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Fed. Circ. Axes Appeal Of $8M Bond Under Idaho 'Troll' Law

By Ryan Davis

The Federal Circuit on Thursday dismissed an appeal by patent assertion entities challenging an $8 million bond imposed on them in an infringement case against Micron Technology, ruling that the order under an Idaho state law discouraging "bad faith" patent litigation is not an appealable final decision.

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ILLINOIS

Uber Injury Claims Barred By Release, Ill. Panel Says

By Celeste Bott

An Illinois state appeals court has refused to revive a lawsuit seeking to hold Uber liable for the injuries a bicyclist suffered when he was struck by an Uber driver, finding he cannot bring his suit because of a release agreement he signed when he received a payout from Liberty Mutual.

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NEW JERSEY

NJ Panel Allows Lab Expert Substitution In Sex Assault Case

By Parker Quinlan

A New Jersey appeals court has upheld a man's conviction for sexual assault and criminal sexual contact, finding that because his attorneys failed to raise challenges during trial about how toxicology testimony was presented, he forfeited his right to appeal the issue.

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NORTH CAROLINA

Doctors Freed From Suit As NC Panel Deems It MedMal Issue

By Abigail Harrison

Parents whose young daughter died following complications from heart surgery can't revive their lawsuit against pediatric heart doctors because their fraud and breach of fiduciary duty claims "sounded in" medical malpractice and were thus barred, a North Carolina state appeals court panel said Wednesday.

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GEORGIA

Ga. Panel Says Factory Death Suit Needs Change of Scenery

By Chart Riggall

A Georgia appellate panel has overruled a trial court's denial of a golf cart manufacturer's bid to transfer a wrongful death suit from metro Atlanta to its home county, faulting what it called the "legally incorrect understanding and analysis" behind the decision.

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WASHINGTON

Wash. Justices Say Open Gov't Law Covers Seattle Contractor

By Rachel Riley

The Washington State Supreme Court has reinstated a citizen suit seeking information related to downtown Seattle's Metropolitan Improvement District, recognizing in a Thursday opinion that the district's private nonprofit management entity DBIA Services is analogous to a government agency and thus subject to the state's public records law.

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INDIANA

USA Track & Field Beats Athlete's Heat Stroke Suit

By Y. Peter Kang

The Indiana Supreme Court held on Thursday that a world-class athlete can't sue USA Track & Field Inc. over an episode of heat stroke that caused her to miss out on the 2020 Olympics, saying lawsuits can't be amended after a final judgment has been issued.

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MASSACHUSETTS

Mass. Panel Says Teen Plea OK In Decades-Old Murder Case

By Parker Quinlan

Massachusetts' intermediate-level appeals court on Thursday ruled that a man who pled guilty to murder nearly 50 years ago, when he was a teenager, cannot change his plea by arguing that prosecutors at the time threatened him with a life sentence that today would be unconstitutional.

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MINNESOTA

Hilton's $70M Tax Value Cut Appealed To Minn. Supreme Court

By Sanjay Talwani

Drops in the tax valuations of a Hilton hotel and convention center in Minneapolis, including a $70 million cut during one year, were wrongly ordered by the Minnesota Tax Court, the local assessor said, urging the state Supreme Court to review the case.

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NORTH DAKOTA

Energy Transfer Wants Action On $345M Greenpeace Verdict

By Cara Salvatore

Energy Transfer begged a North Dakota state judge Thursday to enter final judgment on a $345 million defamation and property damage verdict over the Dakota Access pipeline protests, saying the case is "off the procedural map," and it heard from the judge an acknowledgment that it's taken over his professional life.

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EXPERT ANALYSIS

Opinion

Justices Should Clarify Loper Bright Doctrine Via Patent Case

The U.S. Supreme Court should use the Lynk Labs v. Samsung patent case to provide urgently needed guidance on how last year’s Loper Bright decision should be applied to real-world questions of agency authority in the post-Chevron world, says Timothy Hsieh at Oklahoma City University School of Law.

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Reviewing 2025's Most Pertinent Wiretap Developments

2025 was a remarkable year in the world of web tracking wiretapping litigation, not only for the increased caseload but also because of numerous developing theories of liability, with disputes expected to continue unabated in 2026, say attorneys at Squire Patton.

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3 Notable Developments In Ch. 15 Bankruptcy This Year

Several notable Bankruptcy Code Chapter 15 decisions from 2025 warrant review, including rulings that clarified the framework of Chapter 15 surrounding nonparty releases, reinforced the principles of a debtor's center of main interest in the face of extensive mass tort litigation, and reviewed synthetic cross-border proceedings, say attorneys at Troutman.

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Series

Nature Photography Makes Me A Better Lawyer

Nature photography reminds me to focus on what is in front of me and to slow down to achieve success, and, in embracing the value of viewing situations through different lenses, offers skills transferable to the practice of law, says Brian Willett at Saul Ewing.

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LEGAL INDUSTRY

In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

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Health, Legal Employers Face Unique Online Speech Hurdles

Employers in the legal and healthcare industries must consider distinctive ethical obligations and professional requirements when disciplining employees for social media posts, while anticipating an area of the law in flux as courts seek to balance speech rights and the workplace function, say attorneys at FordHarrison.

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Roundup

UK Litigation Roundup: Here's What You Missed In London

By Laura Stewart Liberty

This past week in London has seen the designer of an 88-facet diamond bring a copyright claim against a luxury watch retailer, collapsed firm Axiom Ince bring legal action against the solicitors' watchdog, and the Post Office hit with compensation claims from two former branch managers over their wrongful convictions during the Horizon information technology scandal.

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Law360's Legal Lions Of The Week

By Kevin Penton

Five firms lead this week's edition of Law360 Legal Lions, after the D.C. Circuit reinstated an order that blocked the U.S. Environmental Protection Agency from freezing grants for climate change projects.

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Florida Supreme Court Approves Limits For Non-Lawyer Roles

By Madison Arnold

The Florida Supreme Court has signed off on a rule change to spell out that nonlawyers at a law firm cannot supervise the work of attorneys or perform policymaking duties that affect the practice of law.

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Sidley Adds Williams & Connolly Mass Torts Trial Atty In DC

By Alison Knezevich

A trial attorney who spent more than two decades at Williams & Connolly LLP has moved to Sidley Austin LLP to help lead its product liability and mass torts practice.

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Yale Law School Appoints Deputy Dean To Top Spot

By Brian Steele

The deputy dean of Yale Law School, a career academic and public servant who clerked for U.S. Supreme Court Justice Sandra Day O'Connor, will take over the top deanship position next year, the school announced Friday.

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Federal Courts Not Subject To FOIA, DC Judge Rules

By Jake Maher

The conservative litigation group America First Legal Foundation cannot demand documents from the federal Judicial Conference of the U.S. and the Administrative Office of the U.S. Courts under the Freedom of Information Act because they are not executive agencies, a D.C. federal judge ruled Thursday.

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Analysis

More Pardon Seekers Going 'Straight To The White House'

By Phillip Bantz

A nonprofit's unusual plan to make a mass pardon request directly to the Trump administration highlights burgeoning optimism among white collar defendants about their chances of securing relief, and a recognition that the clearest path to clemency no longer runs through the traditional channels.

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Hogan Lovells, Cadwalader's Divergent Paths Led To Deal

By Aebra Coe

The blockbuster combination between Hogan Lovells and Cadwalader Wickersham & Taft LLP announced this past week involves two law firms that have charted very different paths in recent years. Here, a look at what events led up to the firms joining together at the deal table.

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DC Firm Hiring From Government Skyrocketed In 2025

By Alison Knezevich

As federal lawyers left in droves this year amid President Donald Trump's return to the White House, the number of attorneys who moved from government jobs to BigLaw firms in Washington, D.C., doubled in 2025 compared to the last post-presidential election year.

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Keesal Young Drops Part Of Stradley Ronon Poaching Suit

By Madison Arnold

Keesal Young & Logan wants to drop part of its California state court lawsuit alleging Stradley Ronon Stevens & Young LLP unlawfully recruited 10 of its attorneys.

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Roundup

GC Cheat Sheet: The Hottest Corporate News Of The Week

By Michele Gorman

In one of the stories in corporate legal news from the past week, almost half of the in-house legal professionals in a recent survey said they were either actively or passively seeking new jobs, citing stress, a struggle to build multidisciplinary teams and anxiety around artificial intelligence.

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Gambling Tech Co. Loses Sanction Bid In NJ Defamation Case

By George Woolston

A New Jersey state judge rejected a gambling technology company's bid for sanctions in its defamation suit against investigative firm Black Cube and law firm Calcagni & Kanefsky LLP on Thursday, ruling that Black Cube did not willfully disobey a court discovery order.

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Colo. Supreme Court Justice Melissa Hart Retires

By Zach Dupont

After an extended leave of absence this year, Colorado Supreme Court Justice Melissa Hart announced her retirement from the state's high court Friday.

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Justices Let Immigration Judges' Free Speech Suit Continue

By Ganesh Setty

The U.S. Supreme Court ruled on Friday that the Trump administration has failed to show it will be irreparably harmed by a Fourth Circuit decision that revived immigration judges' lawsuit challenging restrictions on their ability to speak publicly.

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