Appellate

  • February 28, 2024

    Utah, Okla.'s EPA Ozone Challenge Sent To DC Circ.

    The Tenth Circuit slingshotted seven consolidated challenges to the U.S. Environmental Protection Agency's decision disapproving Utah and Oklahoma's air quality plans to the D.C. Circuit, finding the Clean Air Act requires the disputes to fall under D.C. Circuit jurisdiction given the decision's national scope.

  • February 28, 2024

    11th Circ. Says Late Filing Dooms Black Trucker's Bias Suit

    The Eleventh Circuit refused to reinstate a lawsuit filed by a Black former truck driver for a waste management company who said he was unfairly berated by his supervisor and then fired after 30 years of service, saying he filed his pre-suit discrimination charge too late.

  • February 28, 2024

    Full 11th Circ. Won't Rethink Meadows' Failed Removal Bid

    The Eleventh Circuit declined Wednesday to give former White House Chief of Staff Mark Meadows another shot at removing his Georgia election interference prosecution to federal court, rejecting Meadows' bid for an en banc review of his unsuccessful appeal.

  • February 28, 2024

    BREAKING: Trump Can't Freeze $465M Award But Can Seek Loans

    A New York state appellate judge on Wednesday refused to freeze the $465 million civil fraud judgment against Donald Trump while he appeals the award, but said the former president could take out loans to cover the cost of the judgment.  

  • February 28, 2024

    Mass. High Court Nominee Who Dated Gov. Confirmed 6-1

    A Massachusetts Appeals Court justice and former WilmerHale partner whose past relationship with Gov. Maura Healey raised concerns about potential conflicts of interest was confirmed 6-1 to a seat on the state's highest court on Wednesday, with several members of the Governor's Council dismissing those concerns.

  • February 28, 2024

    3rd Circ. Won't Rehear Pfizer Shareholder Suit Coverage Row

    Pfizer won't get a second shot at arguing its insurer should indemnify it in a settlement stemming from a 2003 shareholder class action, with the Third Circuit on Wednesday declining the pharmaceutical company's request for an en banc rehearing.

  • February 28, 2024

    2nd Circ. Revives Asylum Bid Over Testimony Interruption

    The Second Circuit ruled that an immigration judge wrongly faulted an asylum-seeking Eritrean man for not testifying about being tied up and left outside after being interrogated by the Eritrean military, saying the judge didn't give the man a chance to.

  • February 28, 2024

    Energy Cos. Urge Justices To Slam Brakes On Climate Suits

    Fossil fuel companies on Wednesday launched a fresh U.S. Supreme Court bid to put an end to climate change torts lodged by state and local governments, asking the justices to review and overturn a refusal by Hawaii's top court to dismiss Honolulu's suit.

  • February 28, 2024

    Justices Allow Idaho Execution, But State 'Unable To Proceed'

    The U.S. Supreme Court on Wednesday cleared the way for Idaho to execute a man for the murder of a fellow inmate, refusing to review his claim that Idaho's continued execution of prisoners whose death sentences were issued by judges and not juries violates the Eighth Amendment.

  • February 27, 2024

    Justices Skeptical Of Workability In BofA Preemption Fight

    The U.S. Supreme Court appeared hesitant Tuesday to side with consumers who say that Bank of America and other national banks can't claim exemption from state laws in court without first proving "significant" interference from them, signaling practical concerns about what reversing a contrary Second Circuit decision could entail.

  • February 27, 2024

    Calif. Panel Nixes $47M Verdict Against Atty Over Casino Deal

    A California state appeals court has scrapped a $47 million jury verdict against a lawyer accused of breaching her fiduciary duty to a former client who unsuccessfully sought to buy a stake in a Silicon Valley cardroom, finding there's no direct evidence showing the attorney caused the transaction to fall through.

  • February 27, 2024

    CARES Act Not For Violent Tenants, Court Says, Creating Split

    A Washington appellate panel said Monday that the CARES Act eviction notice only applies to tenants who are late on rent, not when landlords want to quickly oust violent tenants, in an opinion that differs from a recent ruling from another state appellate panel.

  • February 27, 2024

    7th Circ. Says Renewed Removal Orders Must Wait On CAT

    The 30-day deadline for people with reinstated deportation orders to go to the circuit courts begins once they've completed the agency appeals process, not when U.S. Department of Homeland Security reinstates the removal order, the Seventh Circuit said Tuesday.

  • February 27, 2024

    Wash. Judge Asks If COVID 'Fire Sale' Should Impact Tax Plan

    A Seattle city attorney asked a Washington state appeals court on Tuesday to let the city keep a $160 million special property tax in place to fund waterfront improvements, as one judge questioned during oral arguments whether diminished property values post-pandemic should make the city recalculate the tax.

  • February 27, 2024

    Wash. Judges Likely To Let Public Defender Keep Workplace Win

    A King County public defender who won a $7 million workplace harassment judgment against her bosses after she was stalked by a client found a receptive appeals panel Tuesday, as the Washington state judges pressed the county to explain how they could unwind a jury's factual findings.

  • February 27, 2024

    Calif. Appeals Court Backs Costco's Race Harassment Win

    A California appeals court declined Tuesday to grant a Black former Costco worker a new trial in his suit alleging he was regularly harassed on the job, ruling he failed to show that a jury was wrong to find that the comments he faced didn't harm him enough to justify a financial award.

  • February 27, 2024

    Netflix Keeps Win Over '13 Reasons' Suicide Suit At 9th Circ.

    A Ninth Circuit panel on Tuesday refused to revive a proposed class action alleging Netflix Inc. contributed to a spike in child suicides by pushing its "13 Reasons Why" series about a young girl's suicide onto vulnerable teenagers, saying the lead plaintiff's estate waited too long to sue.

  • February 27, 2024

    Atty Isn't Liable As Husband's Firm Partner, NJ Panel Says

    A New Jersey appellate panel on Tuesday said retired attorney Gail Beran isn't liable for malpractice in connection with her husband's failure to file a bankruptcy on time, because his then-clients didn't rely on the idea that she was a partner when they decided to hire the firm.

  • February 27, 2024

    5th Circ. Sends SpaceX's NLRB Challenge Back To Texas

    A Fifth Circuit panel has ordered a Texas federal judge to pull back a suit from California filed by SpaceX that seeks to declare the National Labor Relations Board unconstitutional, saying it belongs in Texas while the panel mulls its proper venue.

  • February 27, 2024

    7th Circ. Won't Disrupt Volvo's Veteran Bias Suit Win

    The Seventh Circuit refused Tuesday to reinstate a U.S. Army veteran's $7.8 million trial win in her long-running case accusing Volvo of firing her over military-related absences and post-traumatic stress disorder, ruling a lower court reasonably concluded that the verdict was tainted by passion and prejudice.

  • February 27, 2024

    Consumers Ask 9th Circ. To Revive Qualcomm Antitrust Case

    Cellphone buyers are hoping to revive their beleaguered antitrust case accusing Qualcomm of illegal tying schemes to inflate the price of their chips, telling the Ninth Circuit in their new opening brief to reverse the district court's ruling from September or, at a minimum, toss it to the California Supreme Court to decide whether their state law claims are viable.

  • February 27, 2024

    Supreme Court Doubts Forfeiture Deadline Is Mandatory

    The U.S. Supreme Court on Tuesday poked holes in a New York man's claim that courts are barred from issuing forfeiture orders at sentencing in criminal cases unless the prosecution previously submitted a draft request, noting the rule has "a lot of wiggle room," and noncompliance can be easily corrected.

  • February 27, 2024

    5th Circ. Holds To Its Undoing Of $200M Ship Explosion Award

    A German shipping company has failed to persuade the Fifth Circuit to reconsider undoing a federal district court's decision to enforce a $200 million arbitral award the company secured in London after a 2012 explosion killed three crew members and caused extensive damage on one of its vessels.

  • February 27, 2024

    DC Circ. Rejects Hospital's NLRB 'Successor Bar' Challenge

    The D.C. Circuit on Tuesday upheld a National Labor Relations Board decision finding a Puerto Rico hospital unlawfully withdrew recognition from a union after inheriting five bargaining units, rejecting the company's challenge to a board standard blocking employers from withdrawing recognition after acquiring a unionized company's operations.

  • February 27, 2024

    Monsanto Wants Further 11th Circ. Roundup Suit Review

    Monsanto has for a second time pressed the full Eleventh Circuit to review a panel ruling that a Georgia doctor's allegations the company failed to warn about cancer risks of using the Roundup weed killer was permitted despite federal pesticide labeling requirements.

Expert Analysis

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • Opinion

    Compassionate Release Grants Needed Now More Than Ever

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    After the U.S. Sentencing Commission's recent expansion of the criteria for determining compassionate release eligibility, courts should grant such motions more frequently in light of the inherently dangerous conditions presented by increasingly understaffed and overpopulated federal prisons, say Alan Ellis and Mark Allenbaugh at the Law Offices of Alan Ellis.

  • Args In APA Case Amplify Justices' Focus On Agency Power

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    In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.

  • After TikTok, Tiptoeing Toward Patent Transfer Alignment

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    Following the Fifth Circuit's TikTok decision, which aimed to standardize transfer analysis in patent cases, the Federal Circuit and Texas federal courts facing transfer requests have taken small steps to consider the practical realities of patent litigation, reinforcing the intensely factual focus of the analysis, says Charles Fowler at McKool Smith.

  • Mitigating Whistleblower Risks After High Court UBS Ruling

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    While it is always good practice for companies to periodically review whistleblower trainings, policies and procedures, the U.S. Supreme Court’s recent whistleblower-friendly ruling in Murray v. UBS Securities helps demonstrate their importance in reducing litigation risk, say attorneys at Arnold & Porter.

  • What Recent Setbacks In Court Mean For Enviro Justice

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    Two courts in Louisiana last month limited the federal government's ability to require consideration of Civil Rights Act disparate impacts when evaluating state-issued permits — likely providing a framework for opposition to environmental justice initiatives in other states, say attorneys at King & Spalding.

  • Justices' Double Jeopardy Ruling Preserves Acquittal Sanctity

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    The U.S. Supreme Court’s unanimous decision last week in McElrath v. Georgia, barring the state from retrying a man acquitted of murder after a so-called repugnant verdict, is significant in the tangled web of double jeopardy jurisprudence for its brief and unequivocal protection of an acquittal’s finality, says Lissa Griffin at Pace Law School.

  • Setting The Stage For High Court BofA Escrow Interest Case

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    Dori Bailey and Curtis Johnson at Bond Schoeneck examine relevant legislation and case law dating back 200 years ahead of oral arguments at the U.S. Supreme Court on Tuesday in Cantero v. Bank of America, the outcome of which will determine whether state laws governing mortgage escrow accounts can be enforced against national banks.

  • High Court Forfeiture Case Again Pits Text Against Purpose

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    In oral arguments Tuesday in McIntosh v. U.S., the U.S. Supreme Court will consider whether a federal court can impose asset forfeiture on a defendant even if it doesn’t comply with timing rules, which may affect the broader interpretation of procedural deadlines — and tees up the latest battle between textualism and purposivism, say Anden Chow and Christian Bale at MoloLamken.

  • Using Arbitration And Class Waivers As Privacy Suit Tools

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    Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • Justices Stay The Course In Maritime Choice-Of-Law Ruling

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    The U.S. Supreme Court's narrowly drawn decision in Great Lakes Insurance v. Raiders Retreat Realty, enforcing the underlying insurance contract's choice-of-law provision, carefully distinguishes those provisions from forum selection clauses, and ensures that courts will not apply its precepts outside the maritime context, says John Coyle at the University of North Carolina.

  • More Than Drugs At Stake In High Court's 'Blind Mule' Case

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    The U.S. Supreme Court's eventual decision in Diaz v. U.S., evaluating whether expert witnesses may testify that most defendants caught with drugs at the border know they are transporting drugs, could have implications for prosecuting everything from complex financial crimes to gun and drug cases, says Kenneth Notter at MoloLamken.

  • Why Fla. High Court Adopting Apex Doctrine Is Monumental

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    The Florida Supreme Court recently solidified the apex doctrine in the Sunshine State, an important development that extends the scope of the doctrine in the state to include both corporate and government officials, and formalizes the requirements for a high-level corporate official to challenge a request for a deposition, says Laura Renstrom at Holland & Knight.

  • Why Biz Groups Disagree On Ending Chevron Deference

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    Two amicus briefs filed in advance of last month's U.S. Supreme Court oral arguments in Loper Bright Enterprises v. Raimondo highlight contrasting views on whether the doctrine of Chevron deference promotes or undermines the stable regulatory environment that businesses require, say Wyatt Kendall and Sydney Brogden at Morris Manning.

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