Appellate

  • July 24, 2024

    Unions, Energy Groups Back Enbridge 6th Circ. Rehearing Bid

    Labor unions and energy industry groups are joining Enbridge Energy's push for the full Sixth Circuit to rehear a panel decision that sent a Michigan lawsuit aiming to shut down the company's Line 5 pipeline back to state courts.

  • July 24, 2024

    BREAKING: 5th Circ. Strikes Down FCC's Universal Service Fund

    The full Fifth Circuit struck down the Federal Communications Commission's system for subsidizing telecommunications service for rural and low-income users as unconstitutional Wednesday, reversing a panel decision and triggering a circuit split with three other appeals courts that upheld the fee regime.

  • July 24, 2024

    Rising Star: Morgan Lewis' Stephanie Schuster

    Stephanie Schuster of Morgan Lewis & Bockius LLP helped Uber fend off claims that the ride-share application violated the Americans with Disabilities Act, a finding that was affirmed by the Ninth Circuit, earning her a spot among appellate attorneys under age 40 honored by Law360 as Rising Stars.

  • July 23, 2024

    7th Circ. Affirms Ruling Mining Co. Flouted Labor Law

    The Seventh Circuit on Tuesday backed the National Labor Relations Board's ruling that a mining company violated federal labor law by unilaterally barring employees from clocking in more than five minutes before their shift, but it denied a union's bid to extend the violation to strike replacements.

  • July 23, 2024

    Ex-Raytheon Worker Asks High Court To Take Up Firing Suit

    A former employee of defense contractor Raytheon asked the U.S. Supreme Court to reverse his ouster from the company, arguing that the Fifth Circuit's finding that he shouldn't be reinstated set up a circuit split.

  • July 23, 2024

    NC's $500K Med Mal Damages Cap Faces Fight

    A patient who obtained a $7.5 million jury verdict in her case against a North Carolina doctor over the loss of her unborn baby is challenging the constitutionality of the Tar Heel State's cap on compensatory damages in medical negligence suits.

  • July 23, 2024

    7th Circ. Says Ex-Officer's Offensive Posts Not Protected

    The Seventh Circuit refused Tuesday to reopen a former officer's lawsuit alleging the Illinois Department of Corrections unlawfully suspended him for 10 days because of Islamophobic social media posts, finding the agency's need for order outweighed his interest in publicly expressing his opinions.

  • July 23, 2024

    Microsoft Calls FTC Price Hike Claims 'Misleading' At 9th Circ

    Microsoft pushed back against the Federal Trade Commission's contention that an increase in the company's gaming subscription pricing is evidence of the anticompetitive effects of the software giant's $68.7 billion acquisition of game developer Activision Blizzard Inc., calling the commission out for trying to "reinvent" its case against the merger on appeal to the Ninth Circuit.

  • July 23, 2024

    9th Circ. Denies Woman's Derivative US Citizenship Claim

    A Mexican woman facing deportation cannot claim to be a U.S. citizen despite her mother's naturalization, a split Ninth Circuit ruled Tuesday, saying her father's voluntary acknowledgment of paternity thwarted her citizenship claim.

  • July 23, 2024

    Sonos Tells Fed. Circ. 100K Patents At Risk If Google Prevails

    Wireless audio brand Sonos has warned the Federal Circuit that a federal judge's decision to scrap its jury win in a $32.5 million patent case against Google means that "about 100,000 patents are vulnerable."

  • July 23, 2024

    Colo. Judges Want Clarity On When Moot Cases Need Rulings

    Colorado appellate judges on Tuesday pushed a popular ski town to define what makes a case of "great public importance," as a major resort company argued its land fight with the town is weighty enough that the judges should rule even if the actual dispute is now moot.

  • July 23, 2024

    EPA Tells 5th Circ. Louisiana Can't Stall Chemical Regulation

    The U.S. Environmental Protection Agency says the Fifth Circuit cannot decide whether a Louisiana regulator can give a neoprene maker an extra two years to comply with a federal chemical rule because the issue is already before the D.C. Circuit.

  • July 23, 2024

    Calif. Justices Lower Bar For Emotional Distress Damages

    The California Supreme Court effectively made it easier for plaintiffs to sue for emotional distress damages by concluding Monday that close relatives of an injured party need not be immediately aware of potential negligence at the time they witness the injury-causing incident.

  • July 23, 2024

    Judge Doubts CenturyLink Can Block Borrowed Allegations

    A Colorado Court of Appeals panel Tuesday pressed an attorney for CenturyLink on why a shareholder can't use allegations borrowed from other cases in his own securities suit against the telecommunications company, with one judge saying that requiring plaintiff's counsel to speak to every witness would be going overboard.

  • July 23, 2024

    Cornell Tells High Court Not To Touch Workers' ERISA Suit

    Cornell University urged the U.S. Supreme Court not to take up a class action accusing it of mismanaging its employees' retirement savings, saying it shouldn't disturb a Second Circuit ruling that found the workers leading the suit failed to show that Cornell's payments to its service providers involved self-dealing.

  • July 23, 2024

    Labor Dept. ESG Rule May Survive Chevron's Demise

    The Fifth Circuit recently overturned a ruling that relied on the now-defunct doctrine of Chevron deference to uphold a U.S. Department of Labor rule covering socially conscious retirement plan investing, but some experts believe the rule has a good chance at surviving — even with the precedent off the books.

  • July 23, 2024

    Pa. Justices Will Hear Pittsburgh's Appeal For Its 'Jock Tax'

    The Pennsylvania Supreme Court has accepted the city of Pittsburgh's request to review a lower court decision that ended the city's fee on nonresident professional athletes, also known as the jock tax, the court said.

  • July 23, 2024

    2nd Circ. Backs Project Veritas Search Tied To Stolen Diary

    The Second Circuit on Tuesday upheld a district court's rejection of claims of journalistic privilege by Project Veritas' founder and two others at the activist group as they sought to shield documents seized under search warrants in connection with the stolen diary of President Joe Biden's daughter Ashley Biden.

  • July 23, 2024

    Wash. Justices Decline 9th Circ. Request in Uber Murder Case

    Washington State's Supreme Court has declined to answer a certified question from the Ninth Circuit over whether Uber Technologies Inc. had a duty to use reasonable care to protect one of its drivers who was murdered in a carjacking.

  • July 23, 2024

    4th Circ. Says Bad Jury Instructions Gave J&J Win In Mesh Suit

    The Fourth Circuit has vacated a judgment in Ethicon Inc. and Johnson & Johnson's favor in a suit from a woman alleging Ethicon's pelvic mesh was defective, saying a federal judge was wrong to limit her expert's opinion based on the so-called elimination mandate.

  • July 23, 2024

    Tesla Crash Victim's Parents Urge Fla. Top Court To Allow Depos

    The father of a Florida teenager killed in a Tesla Model S crash in 2018 has urged the state's high court to review a lower court's orders quashing depositions of company CEO Elon Musk and another executive, saying the orders directly conflict with Florida case law.

  • July 23, 2024

    Amazon Fights To Arbitrate Sellers' Misclassification Claims

    Amazon urged a California appellate panel on Tuesday to compel arbitration for individual claims from two sellers accusing the online retailer of misclassifying them as independent contractors, and to direct the trial court to toss their representative claims under the state's Private Attorneys General Act.

  • July 23, 2024

    Red States Seek High Court Stay Of EPA Power Plant Rule

    Dozens of red states Tuesday urged the U.S. Supreme Court to block implementation of the U.S. Environmental Protection Agency's rule curbing greenhouse gas emissions from power plants, four days after the D.C. Circuit rejected a stay request.

  • July 23, 2024

    Fed. Circ. Gives Netflix 2nd Chance To Challenge Broadcom IP

    The Patent Trial and Appeal Board must reconsider Netflix's petitions challenging the validity of a Broadcom unit's software performance monitoring patent, the Federal Circuit held Tuesday, finding flaws in the board's refusal to invalidate claims. 

  • July 23, 2024

    Feds Urge 6th Circ. To Affirm Pharma Owner's Fraud Sentence

    The Sixth Circuit should affirm a district court's fraud convictions, nearly five-year sentence and $7 million restitution order against an Ohio pharmaceutical salesman who underreported his income to reduce his tax liability in a multimillion-dollar scheme involving bogus insurance billings, the federal government said.

Expert Analysis

  • Series

    Being A Luthier Makes Me a Better Lawyer

    Author Photo

    When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.

  • Series

    After Chevron: Uncertainty In Scope Of ITC Oversight

    Author Photo

    The U.S. International Trade Commission's long-standing jurisprudence on some of the most disputed and controversial issues is likely to be reshaped by the Federal Circuit, which is no longer bound by Chevron deference in the wake of the U.S. Supreme Court’s Loper Bright decision, say Kecia Reynolds and Madeleine Moss at Paul Hastings.

  • Half-Truths Vs. Omissions: Slicing Justices' Macquarie Cake

    Author Photo

    The U.S. Supreme Court's recent ruling in Macquarie v. Moab provides a road map for determining whether corporate reports that omit information should be considered misleading — and the court baked it into a dessert analogy that is key to understanding the guidelines, say Daniel Levy and Pavithra Kumar at Advanced Analytical Consulting Group.

  • Lead Like 'Ted Lasso' By Embracing Cognitive Diversity

    Author Photo

    The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.

  • Chevron's End Puts Target On CFPB's Aggressive BNPL Rule

    Author Photo

    A recent interpretative rule by the Consumer Financial Protection Bureau, subjecting buy-now, pay-later loans to the same regulations as credit cards, is unlikely to survive post-Chevron challenges of the rule's partisan and shaky logic, say Scott Pearson and Bryan Schneider at Manatt.

  • Justices' Ch. 11 Ruling Is A Big Moment For Debtors' Insurers

    Author Photo

    The U.S. Supreme Court’s recent Truck Insurance v. Kaiser Gypsum ruling upends decades of Chapter 11 bankruptcy jurisprudence that relegated a debtor’s insurer to the sidelines, giving insurers a new footing to try and avoid significant liability, say Stuart Gordon and Benjamin Wisher at Rivkin Radler.

  • Justices' Starbucks Ruling May Limit NLRB Injunction Wins

    Author Photo

    The U.S. Supreme Court’s recent decision in Starbucks v. McKinney, adopting a more stringent test for National Labor Relations Board Section 10(j) injunctions, may lessen the frequency with which employers must defend against injunctions alongside parallel unfair labor practice charges, say David Pryzbylski and Colleen Schade at Barnes & Thornburg.

  • Justices' Criminal Law Decisions: The Term In Review

    Author Photo

    Each of the 11 criminal decisions issued in the U.S. Supreme Court’s recently concluded term is independently important, but taken together, they reveal trends in the court’s broader approach to criminal law, presenting both pitfalls and opportunities for defendants and their counsel, says Kenneth Notter at MoloLamken.

  • Class Actions At The Circuit Courts: July Lessons

    Author Photo

    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers cases touching on pre- and post-conviction detainment conditions, communications with class representatives, when the American Pipe tolling doctrine stops applying to modified classes, and more.

  • 7th Circ. Motorola Ruling Raises Stakes Of DTSA Litigation

    Author Photo

    The Seventh Circuit’s recent ruling in Motorola v. Hytera gives plaintiffs a powerful tool to recover damages, greatly increasing the incentive to bring Defend Trade Secrets Act claims against defendants with large global sales because those sales could generate large settlements, say attorneys at MoFo.

  • Series

    After Chevron: Bid Protest Litigation Will Hold Steady For Now

    Author Photo

    Though the substantive holding of Loper Bright is unlikely to affect bid protests because questions of statutory interpretation are rare, the spirit of the U.S. Supreme Court's decision may signal a general trend away from agency deference even on the complex technical issues that often arise, say Kayleigh Scalzo and Andrew Guy at Covington.

  • Challenging Prosecutors' Use Of Defendants' Jail Phone Calls

    Author Photo

    Although it’s an uphill battle under current case law, counsel for pretrial detainees may be able to challenge prosecutors’ use of jail-recorded phone calls between the defendant and their attorney by taking certain advance measures, say Jim McLoughlin and Fielding Huseth at Moore & Van Allen.

  • How NJ Worker Status Ruling Benefits Real Estate Industry

    Author Photo

    In Kennedy v. Weichert, the New Jersey Supreme Court recently said a real estate agent’s employment contract would supersede the usual ABC test analysis to determine his classification as an independent contractor, preserving operational flexibility for the industry — and potentially others, say Jason Finkelstein and Dalila Haden at Cole Schotz.

  • 3 Policyholder Tips After Calif. Ruling Denying D&O Coverage

    Author Photo

    A California decision from June, Practice Fusion v. Freedom Specialty Insurance, denying a company's claim seeking reimbursement under a directors and officers insurance policy for its settlement with the Justice Department, highlights the importance of coordinating coverage for all operational risks and the danger of broad exclusionary policy language, says Geoffrey Fehling at Hunton.

  • Opinion

    Now More Than Ever, Lawyers Must Exhibit Professionalism

    Author Photo

    As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!