2nd Circ. Rejects EEOC's Bid To End 55-Year-Old Bias Case

By Katherine Smith

The Second Circuit on Thursday rejected the U.S. Equal Employment Opportunity Commission's bid to close the door on a more than half-century-old race discrimination case against a union and its affiliated apprenticeship program, upholding a lower court's determination that a proposed settlement in the case falls short.

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7th Circ. Takes Up BIPA Amendment's Retroactivity

By Celeste Bott

The Seventh Circuit heard arguments Thursday over whether a liability-limiting amendment to Illinois' biometric privacy law has retroactive application to lawsuits filed before it took effect, with one judge on the panel saying it seemed like "billions of dollars of consequences turn on how we label the change."

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9th Circ. Judges Doubt AG-Picked Nevada US Atty Can Serve

By Dorothy Atkins

Two judges on a Ninth Circuit panel doubted Thursday the government's argument that a lower court erred by finding the U.S. Attorney General wrongly appointed Nevada's top federal prosecutor, with both judges repeatedly noting that the government's legal theory suggests that U.S. attorneys could circumvent the nomination process indefinitely.

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Affairs, Spending Come Out In Goldstein Cross-Examination

By Jared Foretek

SCOTUSblog founder Thomas Goldstein was confronted Thursday with allegations of extramarital affairs, lavish spending and lies on asset disclosures, all in front of the jury in his ongoing tax fraud trial.

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Judiciary Issues 'Rule Of Law' Ethics Guidance For Judges

By Jeff Overley

Federal judiciary advisers Thursday sought to clarify ethical boundaries for judges wading into politically charged legal waters, saying jurists can rebut "illegitimate criticism" and urge stronger security amid fears of violence while also eschewing "demeaning" or "acerbic" rhetoric.

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Trump Nominates Judges For SC, Mont., Virgin Islands

By Courtney Bublé

President Donald Trump on Thursday announced district court nominees for South Carolina, Montana and the U.S. Virgin Islands, as well as one nominee for the International Trade Court.

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Interview

12 Questions For FCC Chair Brendan Carr

By Christopher Cole

It's been a "banger" of a year at the Federal Communications Commission, says agency chief Brendan Carr, who took over at the outset of President Donald Trump's second term with the goal of cutting regulations and quickly turning over more spectrum to the private sector.

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Law360 Seeks Members For Its 2026 Editorial Boards

Law360 is looking for avid readers of our publications to serve as members of our 2026 editorial advisory boards.

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DC Circ. Judge Rips Into Insurer In CMS Rating Case

By Nadia Dreid

A Louisiana insurer found a tough critic in one D.C. Circuit judge Thursday as it argued that the Centers for Medicare & Medicaid Services used an unfair method to assess its "star ratings" for insurance plans, with the jurist saying the company seemed like it "just wanted whatever interpretation will give you a higher score."

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DC Circ. Is Asked To Vet New DOT Immigrant Truck Driver Rule

By Linda Chiem

Drivers and labor unions on Thursday petitioned the D.C. Circuit to review the U.S. Department of Transportation's new final rule tightening states' screening procedures and eligibility criteria for nondomiciled commercial driver's licenses issued to immigrants.

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Tesla Says Case Transfer Boosts Mandamus Bid In PTAB Fight

By Dani Kass

A Texas federal judge's decision to send patent infringement litigation against Tesla Inc. to California strengthens the automaker's mandamus petition claiming the Patent Trial and Appeal Board wrongly turned away its challenges, Tesla told the Federal Circuit.

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2nd Circ. Seems Wary Of Restarting Norfolk Derailment Suit

By Kellie Mejdrich

The Second Circuit appeared skeptical Thursday of investors' bid to revive a proposed class action against Norfolk Southern alleging that the company botched disclosures about how an efficiency plan might cause derailments, as judges seemed open to a lower court's interpretation that railroad statements about safety were puffery.

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Challenge To 3D-Printed Gun Law Fails, 3rd Circ. Rules

By Jonathan Capriel

The First Amendment does not protect the distribution of "purely functional code" that would allow for the 3D printing of guns, the Third Circuit ruled Thursday, ending a challenge to a New Jersey law from a Texas-based firearm company and a gun rights group.

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Brief

3rd Circ. Won't Reconsider OT Ruling Against Home Care Co.

By Irene Spezzamonte

The full Third Circuit will not reconsider a panel decision upholding a $1 million judgment against a home health company in a U.S. Department of Labor suit accusing it of failing to pay in-home care providers minimum wage and overtime.

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Split 4th Circ. Denies Stay Lift In CertainTeed Unit's Ch. 11

By Vince Sullivan

A split panel of the Fourth Circuit on Wednesday upheld lower court rulings that left in place a stay of asbestos injury litigation facing the bankrupt affiliate of building material maker CertainTeed, with the majority ruling the debtor filed its case in good faith.

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5th Circ. Upholds Texas Ban On Compensated Vote Harvesting

By José Luis Martínez

The Fifth Circuit on Thursday reinstated enforcement of Texas' felony ban on compensated vote harvesting, saying that hypothetical scenarios are not enough to claim that a law is unconstitutional.

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5th Circ. Won't Block Miss. E-Cig Law During Appeal

By Mike Curley

The Fifth Circuit won't block enforcement of a Mississippi law that prohibits the sale of unauthorized e-cigarettes in the state, saying that the vape interests challenging the law haven't established standing to do so.

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5th Circ. Won't Revive Firing Claim Against American Airlines

By Emily Brill

The Fifth Circuit won't revive an airline mechanic's claim that American Airlines fired him because of his work as a union representative, agreeing with a Texas federal judge that the claim belongs in arbitration rather than federal court.

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Split 5th Circ. Backs State Farm After 'Fecal Catastrophe'

By Rae Ann Varona

A split Fifth Circuit on Thursday agreed with a lower court's finding for State Farm that the source of sewage that flooded a Mississippi family's home absolved the insurer of coverage, while one circuit judge said Mississippi law favored the homeowners in the "disgusting tragedy."

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Super Micro Investor Fights Uphill At 9th Circ. To Lead Suit

By Dorothy Atkins

A Ninth Circuit panel appeared skeptical Thursday of a Super Micro Computer Inc. investor's writ of mandamus petition challenging a lower court's decision to reject it as lead plaintiff in a proposed securities class action, with each judge expressing doubts that the investor has shown its "extraordinary" request for relief is warranted.

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10th Circ. Says Papa John's Franchise Can't Dodge Wage Suit

By Irene Spezzamonte

New Mexico federal court correctly lifted a stay in a delivery driver's wage and hour suit against a Papa John's franchisee because the entity was in default after it failed to pay the arbitration fees, the Tenth Circuit ruled Thursday.

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11th Circ. Upholds Arbitration Order In Hospital-Union Row

By Carolina Bolado

The Eleventh Circuit has affirmed an order sending 17 HCA Florida hospitals to arbitration to resolve a Service Employees International Union affiliate's grievances about legal fees tied to a dues deduction dispute.

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NY Court Orders Ineffective-Counsel Hearing In Murder Case

By Parker Quinlan

A New York appeals court ordered a lower court to hold a hearing for a man convicted of murder to present his case that he was given ineffective assistance of counsel when his trial attorney refused to request a lesser included offense in his case.

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Watchdog Defends Ex-Alex Jones Atty's Conn. Suspension

By Brian Steele

A Connecticut judge did not abuse her discretion when she suspended an attorney who formerly represented conspiracy broadcaster Alex Jones in a $1.4 billion defamation case, the state's professional misconduct watchdog has told the Connecticut Supreme Court in asking the justices to skip Norman A. Pattis' appeal.

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Pa. Panel Says Parolee Can't Have Probation Term Revoked

By Parker Quinlan

A Pennsylvania appeals court vacated a sentence of a man sent back to prison for a probation violation, holding that because he was still serving a parole term when he failed to appear in court, he did not violate the terms of his probation.

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NC Justices Asked To Decide Gov.'s Power To Appoint Judges

By Hayley Fowler

North Carolina Gov. Josh Stein is asking the state's top court to review a decision that let lawmakers curtail his ability to fill judicial vacancies in appellate courts, arguing the ruling defies precedent as well as the state Constitution and must be reversed.

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Row Over Forensic Expert Testimony Hits NC High Court

By Brandon Lowrey

Prosecutors are urging North Carolina's highest court to uphold a drug conviction thrown out on appeal, saying an appellate court deemed a key forensic expert's trial testimony unconstitutional using a flawed interpretation of the U.S. Supreme Court's 2024 decision in Smith v. Arizona.

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Vape Co. Seeks Stay Of $1.6M Judgment In Battery Blast Suit

By Mike Curley

A vape wholesaler is asking the North Carolina Supreme Court to stay a $1.6 million judgment it was ordered to pay to the estate of a man who suffered burns when a lithium ion battery exploded in his pocket, while the estate on Thursday filed an opposition to the stay.

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McKesson Freed From Opioid Death Suit By Ga. Panel

By Chart Riggall

The Georgia Court of Appeals said Thursday that drug distributor McKesson should have been freed from a suit attempting to hold it liable for a man's opioid overdose death, saying that a trial court applied the wrong statute of limitations to what was, at its core, a personal injury claim.

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Ga. Panel Says Jury Confusion Perhaps Caused $113M Verdict

By Chart Riggall

A Georgia appellate panel threw out a $113 million judgment Thursday awarded to a construction worker who was struck by a passing car, ordering a new trial after finding that vague instructions may have caused the jury to double-count its attorney fee award.

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Wash. Justices To Hear Gym's Suit Over COVID-Era Inspection

By Ben Adlin

Washington's highest court will review an appellate ruling that state labor department inspectors violated an Anytime Fitness owner's reasonable expectation of privacy when they tailgated a gym member who used a key card to enter the facility during the COVID-19 pandemic, when businesses were supposed to be shuttered.

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Colo. Appeals Panel Backs Ex-Director's $3.36M Jury Award

By Zach Dupont

A Colorado appellate court panel affirmed on Thursday a $3.36 million jury verdict in favor of a natural gas marketing company ex-trading director, but denied him the $10 million in statutory penalties he sought, saying an earlier version of the Colorado Wage Claim Act applied.

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Town Officials Off Hook For Railroad's Axed Superfund Deal

By Carolyn Muyskens

A Massachusetts intermediate appellate panel affirmed that two Hopedale officials are immune from claims that they torpedoed a railroad's contract to ship uranium-contaminated soil through their town of 6,000, saying the officials "had every right" to ask questions.

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Former NJ AG Matthew Platkin Launches Litigation Boutique

By Jake Maher

Former New Jersey Attorney General Matthew Platkin on Thursday announced the launch of Platkin LLP, a litigation boutique made up of former state prosecutors looking to take on cases touching on consumer protection, the rule of law and other public interest causes.

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Series

Trail Running Makes Me A Better Lawyer

Navigating the muddy, root-filled path of trail marathons and ultramarathons provides fertile training ground for my high-stakes fractional general counsel work, teaching me to slow down my mind when the terrain shifts, sharpen my focus and trust my training, says Eric Proos at Next Era Legal.

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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 a former U.S. defense contractor convicted of tax evasion face legal action, French football club Olympique Lyonnais sued following a $97 million ruling against its owner John Textor, consulting giant Kroll targeted by a South African airline, and H&M hit with a claim alleging it copied protected sunglasses designs. Here, Law360 looks at these and other new claims in the U.K.

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Law360's Legal Lions Of The Week

By Kevin Penton

WilmerHale and Gillam & Smith LLP lead this week's edition of Law360 Legal Lions, after a Texas federal jury cleared Apple of infringement claims over patents covering 4G wireless technology, in a case that previously led to jury verdicts of $506 million and $300 million.

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Brief

Indiana AG Declines Intervention In Posner Wage Suit

By Emily Sawicki

Indiana's attorney general has declined to intervene in a pro se plaintiff's suit seeking to revive $170,000 in wage claims against retired Seventh Circuit Judge Richard A. Posner, finding the case did not pose a "substantial" constitutional challenge to a state statute mandating that delayed contracts must be written and signed to be enforced.

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Louisiana Atty Takes Responsibility For AI Usage Snafu

By Christine DeRosa

After facing the threat of sanctions alongside three of his co-counsel, a Louisiana attorney told a federal judge that he was solely responsible for an error-riddled brief written with the assistance of artificial intelligence. 

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

Taking heat from Republican senators over not notifying members of Congress about subpoenas for their phone records, Verizon's general counsel has pledged that in the future, the company will fight gag orders requiring it to keep silent. And taking heat from shareholders and colleagues over her ties to Jeffrey Epstein, Goldman Sachs' chief legal officer has agreed to leave the firm in June.

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Colorado Atty Delayed Filing, Gave Faulty Advice, Suit Says

By Rachel Konieczny

A Colorado attorney waited nearly five years to file a lawsuit on behalf of two clients and provided faulty advice, the former clients alleged Thursday in a malpractice lawsuit in state court.

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'Acqui-Hires' In AI Drawing Antitrust Scrutiny, Tech Attys Say

By Bonnie Eslinger

Attorneys with Nvidia, Google and Uber took the stage at a conference hosted Thursday by Baker McKenzie to discuss emerging trends in antitrust enforcement, including how booming AI investment has produced new regulatory scrutiny of "acqui-hires," in which large companies acquire startups primarily to hire their teams.

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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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6th Circ. Says Ch. 13 Motion Came 84 Minutes Too Late

By Vince Sullivan

A 2-1 split panel of the Sixth Circuit affirmed two lower court rulings from Michigan federal judges denying a Chapter 13 debtor's motion to dismiss his bankruptcy case because the request came 84 minutes after a bankruptcy court converted the case to a Chapter 7.

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