Public Policy

August 20, 2025
NC's Cap On Med Mal Damages Is Constitutional, Panel Rules

The North Carolina state appeals court ruled Wednesday that a state law capping compensatory damages in certain medical malpractice lawsuits at $500,000 is constitutional, handing a defeat to a woman seeking to recoup her full $7.5 million jury verdict stemming from the loss of her unborn baby.
August 20, 2025
Ga. Mom Says State Child Support Policy Is Unconstitutional

A Georgia mother has sued three state agencies in federal court, alleging the state's child support policy unconstitutionally keeps "indigent parents buried under child-support debts that they will never be able to repay."
August 20, 2025
'Door To Tyranny' Ajar In Pot Smell Appeal, NC Justices Told

A man appealing his conviction for unlawful firearm possession told North Carolina's highest court this week that state law enforcement entities were attempting to erode the separation of powers by inserting themselves into his case.
August 20, 2025
Feds Lose Bid To Seal In Vax Patent Case Against Moderna

The U.S. government has failed to show why names and contact information of certain U.S. Department of the Army employees should be hidden in an mRNA vaccine developer's $5 billion patent suit over Moderna's COVID-19 vaccines, a federal judge has found.
August 20, 2025
Atlanta Ignores Sex Assault Claims Against Cops, Court Told

A Georgia woman and her teenage daughter who was raped by an Atlanta police officer have told a federal judge that the city doesn't get to dodge their suit, arguing they've claimed in "exhaustive factual detail" how it routinely lets sexual misconduct slide among its officers.
August 20, 2025
DC Circ. Upholds Crow Tribe Water Rights Suit Dismissal

A D.C. Circuit Court panel won't overturn a decision to dismiss a suit that looked to nullify a Montana water rights settlement, saying a 2010 law ratifying the agreement doesn't specify which tribal member can greenlight a deadline extension for publication of the agreement's statement of findings.
August 20, 2025
Texas AG Threatens Suit Over Orgs. Mailing Abortion Pills

Texas Attorney General Ken Paxton has sent cease-and-desist letters to three organizations he's accused of shipping abortion drugs to women in the state in violation of state and federal laws.
August 20, 2025
Florida Panel Revives Suit Over Gun Store Zoning Restriction

A Florida appellate panel on Wednesday issued a split decision reviving a state court lawsuit brought by a gun retailer alleging state law preempts a city zoning ordinance allegedly meant to restrict firearm sales, ruling there's a fact issue that must be decided by a jury.
August 20, 2025
'Amen': Judge Puts Texas Ten Commandments Law On Hold

A Texas federal court on Wednesday temporarily blocked a state law requiring public schools to post a copy of the Ten Commandments in classrooms, saying the law likely violates the Constitution.
August 20, 2025
Google To Pay $35M For Australian Search Antitrust Violations

Google has agreed to pay $55 million to settle antitrust claims brought by Australia's competition regulator over deals to preinstall its search engine on Australian phones.
August 20, 2025
Device Co. Pans FTC's Resistance To $945M Heart Valve Deal

Edwards Lifesciences Corp. is defending its planned $945 million purchase of JenaValve Technology Inc., telling the Federal Trade Commission the deal is the best way to bring a new lifesaving treatment for a heart valve disorder to the market.
August 20, 2025
Crypto Groups Resist Banks' Stablecoin 'Loophole' Claims

Cryptocurrency groups have told U.S. Senate lawmakers that banking industry groups are attempting to relitigate issues put to rest with a recently enacted federal law to regulate stablecoins, arguing that the banking groups' proposals to use separate, pending legislation to close alleged "loopholes" would disadvantage the crypto sector.
August 20, 2025
Ark. Woman Gets Probation After Looting Native Burial Site

An Arkansas woman was sentenced to four years of probation after the U.S. Department of Justice said she excavated a Native American archeological site in the Ozark Mountains and took human remains and Indigenous artifacts.
August 20, 2025
11th Circ. Revives Cannabis Users' 2nd Amendment Challenge

The Eleventh Circuit said Wednesday that a federal law disarming medical cannabis users likely ran afoul of the Second Amendment because it was inconsistent with the nation's history of gun regulation.
August 20, 2025
In Illinois, Public Defender Welcomes Sea Change In Structure

Illinois is set to receive the first overhaul of its public defense system in 75 years, and Champaign County Chief Public Defender Elisabeth Pollock is "very much looking forward" to it, she told Law360.
August 20, 2025
Chemours Says Injunction Appeal Warrants Stay Of CWA Suit

Chemours urged a federal judge to pause a Clean Water Act suit while it appeals a preliminary injunction ordering it to stop its Washington Works plant from discharging excessive amounts of a "forever chemical" into the Ohio River.
August 20, 2025
Commerce Floats 200% Duty On Chinese Plastic Bins, Totes

The U.S. Department of Commerce preliminarily determined that imported polypropylene corrugated boxes from China could be subject to countervailing duties of up to nearly 200%, according to a notice published Wednesday.
August 20, 2025
NY Town To Expedite Mosque Approvals In Land-Use Deal

The town of Oyster Bay, New York, has settled a mosque's claims that the town amended its parking laws in a targeted attempt to thwart redevelopment efforts, agreeing to oversee the quick approval of the mosque's application and to amend the underlying parking ordinance.
August 20, 2025
DOJ's Suit Over Ill. E-Verify Restrictions Gets Tossed

An Illinois federal judge on Tuesday denied a bid by the U.S. Department of Justice to block provisions of a recently amended Illinois law restricting the use of systems such as E-Verify to check prospective workers' employment eligibility and dismissed the case outright, calling the DOJ's interpretation of the relevant preemption clause "broad to the point of absurdity."
August 20, 2025
FCC Denies Carrier's Bid To Avoid Rural Fund Clawback

The Federal Communications Commission denied a Midwest broadband provider's request to waive a $24 million penalty for defaulting on its Rural Digital Opportunity Fund commitments, saying the company's due diligence was inadequate when it decided to pursue fund money for buildouts in areas that were already served by others.
August 20, 2025
Farmworkers Union Can't Halt Latest Prevailing Wages Survey

A farmworkers union cannot halt the U.S. Department of Labor from replacing 2020 prevailing wages with 2022 wage-survey results, a Washington federal judge ruled, saying the alleged harm is self-inflicted because the later wages were published following the union's actions.
August 20, 2025
Mich. Legislature Mulls Reinstating Premises Liability Defense

Michigan state lawmakers heard testimony on Wednesday on a bill that would bring back a defense to slip-and-fall claims that the Michigan Supreme Court recently scrapped, as business groups said insurance premiums and litigation costs have risen in the wake of the high court ruling.
August 20, 2025
Insurers Say Gov't Misusing FCA To Get Medicare Cost Cap

Insurers accused of paying brokers to steer customers to their Medicare Advantage plans asked a Massachusetts federal judge to dismiss a False Claims Act lawsuit, saying the government is mischaracterizing legal payments for marketing as kickbacks in an attempt to impose caps it has thus far been unable to obtain.
August 20, 2025
Trump Says Fed's Cook 'Must Resign' Amid Loan Fraud Claim

President Donald Trump's Federal Housing Finance Agency chief on Wednesday accused Federal Reserve Gov. Lisa Cook of potential mortgage fraud and said he has referred the matter to federal prosecutors, prompting Trump to call for Cook's immediate resignation.
August 19, 2025
CFPB Ends 'Biased' Investigation Of Gun-Financing Fintech

Credova, a fintech firm specializing in buy-now, pay-later financing for firearms and outdoor recreational goods purchases, is no longer facing what the Consumer Financial Protection Bureau now says was a "politically motivated" investigation on its part, the firm's parent company announced Tuesday.

Editor's Picks

Trump's Legal Battles

States, federal employee unions, various advocacy groups and several individuals have filed over 220 lawsuits challenging the Trump administration's implementation of executive orders and other initiatives. Law360 has created a database of those lawsuits, separated into categories based on their subject matter.

Expert Analysis

Lessons Learned 3 Years After First CCPA Enforcement Action

Three years after the first public enforcement action under the California Consumer Privacy Act, Attorney General Rob Bonta has pursued a steady stream of enforcement actions across industries, providing a clearer picture of how the law is being interpreted and enforced, says Tatum Andres at Kilpatrick.
Utility Agency Suits May Rise As Calif. Justices Nix Deference

A recent California Supreme Court ruling rejecting the uniquely deferential standard of review accorded to California Public Utilities Commission decisions interpreting the Public Utilities Code will incentivize more litigation against the agency, as long as litigants can show their challenges meet certain requirements, says Thaila Sundaresan at Davis Wright.
2 Appellate Rulings Offer Clickwrap Enforcement Road Map

Two recent decisions from the Fourth and Eleventh Circuits in cases involving Experian signal that federal appellate courts are recognizing clickwrap agreements' power in spite of their simplicity, and offer practical advice on how companies can sufficiently demonstrate notice and assent when attempting to enforce contractual terms, says Brian Willett at Saul Ewing.
How Tariffs Can Affect Event Studies In Securities Litigation

When the control period is calm and the event window is stormy — often the case with breaking political or economic developments, like President Donald Trump's recent tariff announcements — traditional event study methodology can increase the risk of misleading conclusions in securities litigation, say economic consultants at NERA.
A Look At Robinson-Patman Enforcement In The MLM Industry

The Federal Trade Commission's recent focus on price discrimination in high-profile speeches and litigation suggests a renewed interest around Robinson-Patman Act enforcement, particularly in multilevel marketing, making it an apt time for direct sellers to audit their pricing, say Katrina Eash at Winston & Strawn and Juliet Belling Warren and Branko Jovanovic at Edgeworth Economics.
A Former PTAB Judge Weighs The End Of Remote Hearings

Former Patent Trial and Appeal Board Judge Amanda Wieker, now at McGuireWoods, examines the costs and benefits of the PTAB's impending in-person hearing requirement, and offers suggestions for making the most out of this new regime.
How Proposed FAA Rule May Streamline Drone Operations

The Federal Aviation Administration's recent proposed rule on autonomous drone delivery operations offers a more streamlined approach, by shifting away from the current pilot-centered framework and placing safety and operational responsibility at the level of the operator's organization, say Amanda Losacco and Jessica Monahan at Cozen O'Connor.
What To Expect From 401(k) Plan Alternative Assets Order

The executive order this month making it easier for retirement plans to invest in alternative assets, including private equity, real estate and digital assets, marks a watershed moment for democratizing access to private markets, but the U.S. Department of Labor's anticipated formal rulemaking will also be impactful, say attorneys at Simpson Thacher.
The Future Of Lab-Test Regs After FDA Rescinds Rule

The U.S. Food and Drug Administration recently rescinded its laboratory-developed tests rule in response to a Texas federal court decision this spring, reinforcing a separation of authority between the FDA and the Centers for Medicare & Medicaid Services, and calling into question the FDA's role in overseeing such tests without congressional action, say attorneys at Venable.
How AI Is Easing Digital Asset Recovery In Fraud Cases

In combination with recent legislation and a maturing digital asset infrastructure, artificial intelligence tools are making it easier to recover stolen assets, giving litigants a more specific understanding of financial fraud earlier in the process and making it economically feasible to pursue smaller fraud claims, says Solomon Shinerock at Lewis Baach.
Fleeing Or Just Leaving Quickly? 2nd Circ. Says It Depends

The Second Circuit’s recent U.S. v. Bardakova decision adopted a new approach for determining whether a defendant who commits a crime in the U.S., and then leaves and remains abroad, intends to avoid prosecution — making it more difficult to argue against the fugitive disentitlement doctrine in most cases, say attorneys at MoloLamken.
Sanctions Considerations For Reentering The Syrian Market

Reentering or opening new markets in Syria, now that the Trump administration has revoked certain long-standing sanctions and export controls, necessitates increased due diligence and best practices capable of adapting to a changing local environment as well as future changes in U.S. law, say attorneys at Nixon Peabody.
What 2 Profs Noticed As Transactional Law Students Used AI

After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
Despite SEC Reset, Private Crypto Securities Cases Continue

While the U.S. Securities and Exchange Commission under the Trump administration has charted a new approach to crypto regulation, the industry still lacks comprehensive rules of the road, meaning private plaintiffs continue to pursue litigation, and application of securities laws to crypto-assets will be determined by the courts, say attorneys at Skadden.
State AGs Are Turning Up The Antitrust Heat On ESG Actions

Recent antitrust developments from red state attorneys general continue a trend of environmental, social and governance scrutiny, and businesses exposed to these areas should conduct close examinations of strategy and potential material risk, say attorneys at Morgan Lewis.