Appellate

  • February 20, 2024

    Alito 'Concerned' Jurors Can Be Axed For Religious Beliefs

    U.S. Supreme Court Justice Samuel Alito said Tuesday he is "concerned" about the prospect of potential jurors being dismissed because of their religious beliefs, as the justices declined to hear a case in which Christian jurors were excused over their views on homosexuality.

  • February 20, 2024

    Ga. Judge Tapped For Appeals Seat Vacated In Ethics Scandal

    Superior Court Judge J. Wade Padgett has been tapped to fill the Georgia state appellate seat previously held by Christian Coomer, who was removed from the bench over allegations he took advantage of an elderly client and misused campaign funds.

  • February 20, 2024

    Justices Pass On Discrimination Suit Over Calif. Bar Exam

    The U.S. Supreme Court on Tuesday declined to hear a Massachusetts patent attorney's suit alleging age discrimination is baked into the California bar exam.

  • February 20, 2024

    Justices Question Reach Of Transportation Worker Carveout

    The U.S. Supreme Court questioned Tuesday whether there is still a need for a federal arbitration exemption for interstate transportation workers or if the century-old carveout is an "anachronism," in a case dealing with whether the exemption applies to workers only in the transportation industry.

  • February 20, 2024

    Justices Shoot Down Drugmaker's PTAB Preclusion

    The U.S. Supreme Court on Tuesday declined to consider whether it was fair to hold a company liable for infringement after the Patent Trial and Appeal Board had invalidated the underlying intellectual property. 

  • February 20, 2024

    Pennsylvania Ballots Need Correct Dates, 3rd Circ. Told

    Republican organizations seeking to enforce a Pennsylvania requirement that mail-in ballots have a date and signature on their outer envelope urged the Third Circuit on Tuesday to rule that a district court judge who found more than 10,000 undated or misdated ballots to be valid too broadly applied the materiality provision of the Civil Rights Act.

  • February 20, 2024

    5th Circ. Pauses Transfer Order In SpaceX, NLRB Spat

    The Fifth Circuit pressed pause on a Texas district court's order to transfer SpaceX's suit over the constitutionality of the NLRB's structure to California, staying the lower court's decision while the appeals court considers the company's petition for writ of mandamus.

  • February 20, 2024

    Justices Decline Bid For Unanimous Court-Martial Verdicts

    The U.S. Supreme Court on Tuesday refused to take up a former U.S. Air Force sergeant's petition seeking to make court-martial rulings unanimous, leaving in place his divided guilty verdict on two counts of attempted sexual abuse.

  • February 20, 2024

    NC Panel Reverses Suspension For Atty Accused Of Lying

    A North Carolina personal injury attorney on Tuesday succeeded in reversing a one-year suspension of his license after a state appellate panel ruled the State Bar failed to show he intentionally lied about discussing a fellow attorney's personal life with a client.

  • February 20, 2024

    Justices Won't Weigh Nonsignatory Arbitration Issue

    The U.S. Supreme Court won't take up an oil and gas company's bid to clear up whether a nonsignatory to an arbitration agreement may play the arbitration card, the justices said Tuesday.

  • February 20, 2024

    High Court Won't Wade Into CSX Medical Leave Fight

    The U.S. Supreme Court on Tuesday rejected former CSX Transportation employees' push for review of a Fourth Circuit ruling that ended their suit claiming they were unlawfully fired for requesting medical leave.

  • February 20, 2024

    'Perfect Storm' Allows For Med Mal Suit Deadline Extension

    A New Jersey appeals panel won't throw out a woman's claims against an anesthesiologist in a suit over a botched procedure, saying a "perfect storm" of circumstances warrants an extension of the 120-day deadline for filing an affidavit of merit.

  • February 20, 2024

    Ex-IBM Workers Can't Get Justices To Tackle Age Bias Battle

    The U.S. Supreme Court on Tuesday turned away a group of ex-IBM workers' bid for review of a Second Circuit ruling that said they had to pursue age bias claims in arbitration rather than court, despite their argument that the decision conflicted with high court precedent.

  • February 20, 2024

    Validity Of $2B Venezuelan Bonds Remains Unresolved In NY

    New York's highest court on Tuesday opted not to determine whether nearly $2 billion in defaulted bonds issued by Venezuela's state-owned oil company are valid, instead punting the question back to the federal courts.

  • February 20, 2024

    High Court Skips Brandy Melville's TM Spat With Redbubble

    The U.S. Supreme Court on Tuesday passed on fashion retailer Brandy Melville's petition to review a Ninth Circuit holding that print-on-demand marketplace Redbubble can only be liable for sellers' trademark infringement if it has specific knowledge of the infringing conduct.

  • February 20, 2024

    High Court To Skirt Rent Stabilization Probe, For Now

    The U.S. Supreme Court declined to probe two challenges to specific aspects of New York's rent stabilization law Tuesday after refusing to hear a facial challenge to the same law in September, but left the door ajar for future litigation.

  • February 20, 2024

    Justices Won't Hear Fight Over Limits On Port Labor Protests

    The U.S. Supreme Court on Tuesday declined to consider South Carolina's challenge to a Fourth Circuit ruling that allowed a dockworkers union to sue a shipping group over labor issues at a terminal at the Port of Charleston.

  • February 20, 2024

    Engineer Can't Get High Court Look At Service Dog ADA Suit

    The U.S. Supreme Court refused on Tuesday to review a disability bias suit from a Union Pacific train engineer, leaving in place an Eighth Circuit ruling that said the company wasn't required to let the military veteran bring a service dog to work to help cope with PTSD.

  • February 20, 2024

    Justices Won't Touch UBH Mental Health Coverage Case

    The U.S. Supreme Court declined Tuesday to hear United Behavioral Health's challenge to a Tenth Circuit decision that found the company violated federal benefits law by refusing to cover a teenage girl's inpatient mental health treatment claims.

  • February 20, 2024

    Justice Alito Rips 'Dangerous' Denial Of Admissions Case

    U.S. Supreme Court Justice Samuel Alito slammed his colleagues' refusal to wade into a dispute over a Virginia high school's use of race in admissions decisions Tuesday, calling a Fourth Circuit decision upholding the policy "patently incorrect and dangerous" and the high court's willingness to let it stand "hard to understand."

  • February 20, 2024

    Justices Deny Chinese Co.'s Appeal To Whirlpool Injunction

    The U.S. Supreme Court on Tuesday denied a petition from a Chinese company to review a Fifth Circuit decision to temporarily bar it from selling its kitchen stand mixers because Whirlpool Corp. is alleging the products infringe the registered trade dress for its KitchenAid mixers.

  • February 20, 2024

    High Court Denies Review Of Wrestler Attorney Sanctions

    The U.S. Supreme Court on Tuesday declined to review a petition from an attorney seeking to vacate a $312,000 sanctions order over his representation of former wrestlers over brain injuries they suffered while working for World Wrestling Entertainment Inc.

  • February 20, 2024

    Justices Pass On Bid To Hold UK Co. Liable For Cessna Crash

    The U.S. Supreme Court on Tuesday declined to hear a bid seeking to hold an English aerospace firm liable for a Cessna crash that killed three people, passing on an opportunity to resolve what the petitioners called a circuit split or give credence to a "vociferous dissent" within the Ninth Circuit's published opinion.

  • February 20, 2024

    Justices Won't Hear Apple Patent Challenge In $576M Case

    The U.S. Supreme Court refused Tuesday to consider if Apple should have been barred from joining a successful challenge to network security patents in a $576.5 million case, turning down cybersecurity company VirnetX Inc.'s argument that Apple's petition was filed too late.

  • February 20, 2024

    High Court Declines To Review Trump Attorney Sanctions

    The U.S. Supreme Court declined Tuesday to review onetime Trump lawyer Sidney Powell's and six other attorneys' claims that they were wrongly sanctioned and referred for bar discipline for filing a frivolous challenge to Michigan's 2020 presidential election results.

Expert Analysis

  • Don't Sit On Bankruptcy Sidelines, 5th Circ. Ruling Reminds

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    The Fifth Circuit’s recent In re: Louisiana Pellets decision, holding that a creditor couldn’t assert indemnification defenses in a suit brought by the trustee of a liquidation trust, highlights the risks faced by creditors and other contract parties that choose not to participate in a bankruptcy, say Gregory Hesse and Kaleb Bailey at Hunton.

  • Considering The Logical Extremes Of Your Legal Argument

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    Recent oral arguments in the federal election interference case against former President Donald Trump highlighted the age-old technique of extending an argument to its logical limit — a principle that is still important for attorneys to consider in preparing their cases, says Reuben Guttman at Guttman Buschner.

  • How High Court SEC Case Could Affect The ITC

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    While the U.S. Supreme Court’s upcoming ruling in U.S. Securities and Exchange Commission v. Jarkesy will likely spare the U.S. International Trade Commission from major operative changes, the ITC’s ability to issue penalties for violations of its orders may change, say Gwendolyn Tawresey and Ryan Deck at Troutman Pepper.

  • 6th Circ. Ruling Breathes New Life Into Article III Traceability

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    The Sixth Circuit's recent decision in Hardwick v. 3M Co. to vacate a district court's certification of one of the largest class actions in American jurisprudence for lack of Article III standing has potentially broader implications for class action practice in the product liability sphere, particularly in medical monitoring cases involving far-fetched theories of causation, say attorneys at Skadden.

  • 2nd Circ. Ruling Will Guide Social Media Account Ownership

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    The Second Circuit’s recent decision in JLM Couture v. Gutman — which held that ownership of social media accounts must be resolved using traditional property law analysis — will guide employers and employees alike in future cases, and underscores the importance of express agreements in establishing ownership of social media accounts, says Joshua Glasgow at Phillips Lytle.

  • Lessons From Rare Post-Verdict Healthcare Fraud Acquittal

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    A Maryland federal court recently overturned a jury verdict that found a doctor guilty of healthcare fraud related to billing levels for COVID-19 tests, providing defense attorneys with potential strategies for obtaining acquittals in similar prosecutions, says attorney Andrew Feldman.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • Debt Collector Compliance Takeaways From An FDCPA Appeal

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    A Consumer Financial Protection Bureau amicus brief last month in an ongoing First Circuit appeal focusing on an interpretation of the Fair Debt Collection Practices Act can serve as a reminder for debt collectors to understand how their technologies, like bankruptcy scrubs and letter logic, can prevent litigation, says Justin Bradley at Womble Bond.

  • Takeaways From 9th Circ. Nix Of Ex-GOP Rep.'s Conviction

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    The Ninth Circuit recently reversed the conviction of former Rep. Jeff Fortenberry, R-Neb., for lying to the FBI, showing that the court will rein in aggressive attempts by the government to expand the reach of criminal prosecutions — and deepening a circuit split on an important venue issue, say attorneys at Skadden.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • NCAA's Antitrust Litigation History Offers Clues For NIL Case

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    Attorneys at Perkins Coie analyze the NCAA's long history of antitrust litigation to predict how state attorney general claims against NCAA recruiting rules surrounding name, image and likeness discussions will stand up in Tennessee federal court.

  • 3 Administrative Law Lessons From 5th Circ. Appliance Ruling

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    Showing that mundane details can be outcome-determinative, the Fifth Circuit's recent decision in Louisiana v. U.S. Department of Energy — that the government's repeal of rules affecting dishwashers and laundry machines is invalid — highlights the relationship between regulatory actions and statutory language, say Michael Showalter and Vyasa Babu at ArentFox Schiff.

  • Skirting Anti-Kickback Causation Standard Amid Circuit Split

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    Amid the federal circuit court split over the causation standard applicable to False Claims Act cases involving Anti-Kickback Statute violations, which the First Circuit will soon consider in U.S. v. Regeneron, litigators aiming to circumvent the heightened standard should contemplate certain strategies, say Matthew Modafferi and Terence Park at Frier Levitt.

  • Bid Protest Spotlight: Standing And A Golden Rule

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    In this month's bid protest roundup, Victoria Angle at MoFo examines one recent decision that clarifies the elements necessary to establish prejudice and federal claims court standing in multiphase protests, and two that exemplify a government procurements golden rule.

  • Employer Trial Tips For Fighting Worker PPE Pay Claims

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    Courts have struggled for decades to reach consensus on whether employees must be paid for time spent donning and doffing personal protective equipment, but this convoluted legal history points to practical trial strategies to help employers defeat these Fair Labor Standards Act claims, say Michael Mueller and Evangeline Paschal at Hunton.

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