Appellate

  • February 22, 2024

    Wage Rules Don't Apply To Ursinus Bonds, Pa. Justices Say

    Bonds arranged by a government-created authority for the expansion of a private Pennsylvania college did not become "public funds" through the government's involvement — or subject the project to prevailing wage rules for publicly funded construction, the Keystone State's highest court ruled Wednesday.

  • February 22, 2024

    San Antonio Can Scare Off Park Birds For Now, 5th Circ. Says

    The Fifth Circuit said San Antonio, Texas, can move ahead with its bird deterrence program at a park where Native American church members claim the city is violating their religious rights by pursuing renovation plans that will harm a sacred area's spiritual ecology by removing trees and driving off nesting cormorants.

  • February 22, 2024

    AMC Fall Suit Earlier Tossed After 5-Year Deadline Is Revived

    A California appeals court has revived a woman's claims that she tripped and fell at an AMC Entertainment Inc. theater, finding the trial court didn't give her adequate notice of a motion to dismiss based on the state's five-year trial deadline.

  • February 22, 2024

    Narcoleptic Doc Unfit For Anesthesiology, 11th Circ. Holds

    The Eleventh Circuit on Wednesday upheld a win by the Board of Regents of the University System of Georgia in a discrimination lawsuit brought by a former anesthesiology resident, finding that the resident's narcolepsy diagnosis didn't change the fact that he "could not perform the essential functions of the job and posed a risk to patient safety."

  • February 22, 2024

    Full Supreme Court Won't Halt Boy Scouts' Ch. 11 Plan

    The full U.S. Supreme Court on Thursday shot down an appeal that had prompted Justice Samuel Alito to briefly halt the Boy Scouts of America's bankruptcy and had thrown its Chapter 11 plan into temporary disarray.

  • February 21, 2024

    Calif. Chamber Takes Privacy Regs Fight To State High Court

    The California Chamber of Commerce is pressing the state's Supreme Court to overturn a ruling that allows California's new data privacy agency to begin enforcing regulations it has finalized, arguing that there's "no way" state voters envisioned companies having less than a year to comply with the rules.  

  • February 21, 2024

    Justices To Weigh Stark Split In Views Of ATF Bump Stock Ban

    A firearms instructor who claims the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives doesn't have the authority to ban bump stocks may have a slight edge when the case is heard by the U.S. Supreme Court next week, attorneys told Law360.

  • February 21, 2024

    Fed. Circ. Told Sonos Ruling Treads On Patent Owners' Rights

    A consortium of patent lawyers and small startups are sounding the alarm at the Federal Circuit over a ruling last year from U.S. District Judge William Alsup that threw out a patent lawsuit from speaker maker Sonos for being too "sad," "ancient" and "wrong" to hold up in his court.

  • February 21, 2024

    Crypto Law Firm Invokes Coinbase Petition In SEC Challenge

    Crypto-focused law firm Hodl Law PLLC told the Ninth Circuit on Wednesday that its standing to sue the U.S. Securities and Exchange Commission over its crypto policy is undeniable now that the agency has decided not to take up a rulemaking petition from crypto exchange Coinbase.

  • February 21, 2024

    NY Judges Question Lehman's Bid To Undo CDS Trial Loss

    A panel of New York appeals court judges on Wednesday appeared reluctant to undo a bench trial loss Lehman Bros.' bankrupt European unit suffered last year in a suit attempting to clawback nearly half a billion dollars from Assured Guaranty over alleged losses on credit default swaps tied to the 2008 financial crisis.

  • February 21, 2024

    9th Circ. Says Federal Coal Lease Ban Case 'Is Moot'

    A Ninth Circuit panel on Wednesday vacated and remanded a district court's ruling that had reinstated a 2016 moratorium on federal coal leasing, with a recommendation that the litigation be dismissed as moot, saying there's no basis to conclude that a challenge to a defunct order is still alive.

  • February 21, 2024

    Fatal Crash Payout Flouts Insurance Law, NC Justices Told

    North Carolina Farm Bureau Mutual Insurance urged the state Supreme Court on Wednesday to undo a trial court's decision that it owes $50,000 to a policyholder whose car caused a fatal wreck, arguing that his liabilities didn't trigger underinsured motorist coverage.

  • February 21, 2024

    Justices Urged To Turn Away $285M Panama Canal Award Suit

    The operator of the Panama Canal on Tuesday urged the U.S. Supreme Court to turn away a case in which $285 million in arbitral awards are being challenged over an arbitrator's "evident partiality," saying close relationships between arbitrators are so "ubiquitous" in international arbitration that they are unremarkable.

  • February 21, 2024

    9th Circ. Judge Slams DOJ 'About-Face' In Asylum Rule Case

    A split Ninth Circuit panel agreed Wednesday to pause the Biden administration's appeal of a lower court order vacating a rule limiting asylum, as a dissenting judge excoriated the government for trying to settle the case after forcefully defending the rule.

  • February 21, 2024

    Ill. Court Vacates R. Kelly Victim's $4M Default Judgment

    An Illinois appellate court has thrown out a $4 million default judgment won by a woman who claimed jailed former R&B star R. Kelly physically and sexually abused her, saying certain procedural rules were not appropriately followed. 

  • February 21, 2024

    Judges Doubt Surgery Center Co. Can Undo Contract Loss

    Colorado appellate judges were skeptical Wednesday that a surgery center company could unwind a jury's verdict that it breached a contract with a management services firm because jurors never heard that poor performance could justify canceling the deal, noting that the jury ultimately disagreed that the management company was at fault.

  • February 21, 2024

    Justices Offer Conflicting Clues In Copyright Damages Fight

    U.S. Supreme Court justices hearing a case over damages in copyright disputes gave conflicting hints Wednesday about where they stand on the discovery rule, a judicially created doctrine that allows claims to accrue when plaintiffs learn of alleged infringement.

  • February 21, 2024

    Justices Turn Away Meta Bid To End Ad Discrimination Suit

    A proposed class action accusing Facebook owner Meta of permitting discrimination in choices regarding which users could see housing ads appears headed for discovery after the U.S. Supreme Court denied the company's petition to appeal a split Ninth Circuit ruling.

  • February 21, 2024

    Tribes, Mich., Feds Refute Great Lakes Fishing Challenge

    Several Native American tribes, the state of Michigan and the federal government have urged the Sixth Circuit to reject a sport fishing group's attempt to sink a tribal fishing pact for parts of lakes Huron, Michigan and Superior, arguing it strikes an appropriate balance between respecting tribal fishing rights and protecting the Great Lakes fisheries.

  • February 21, 2024

    NC Justices Hint At Coverage For Firm's Driver Privacy Row

    The North Carolina Supreme Court seemed skeptical Wednesday of an insurer's contention that mailers sent by a law firm to car crash victims based on public accident reports couldn't be considered coverage-triggering publication of material that violates a person's right to privacy.

  • February 21, 2024

    3rd Circ. Finds Art Supply Co. Illegally Fired Temp. Worker

    The Third Circuit backed a National Labor Relations Board decision that found an art supply company illegally let go of a Black temporary worker who raised complaints about racism in the workplace, saying Wednesday there was enough evidence to uphold the board's conclusions.

  • February 21, 2024

    Justices Squabble Over Emergency Review Of EPA Smog Plan

    The U.S. Supreme Court's liberal wing denounced during oral argument Wednesday their colleagues' decision to consider the merits of four related emergency requests to prevent the U.S. Environmental Protection Agency from implementing a plan to reduce cross-state pollution without first getting lower court input.

  • February 21, 2024

    4th Circ. Tosses Migrant Bond Co.'s CFPB Funding Challenge

    The Fourth Circuit on Wednesday dismissed an appeal from an immigrant bond service company being sued by the Consumer Financial Protection Bureau for allegedly running a predatory scheme, finding that the court has no appellate jurisdiction over the litigation.

  • February 21, 2024

    Pa. Justices Clarify Timing For Oil & Gas Accounting Claims

    The Pennsylvania Supreme Court on Wednesday said the statute of limitations for filing accounting claims related to oil and gas royalties is six years, definitively putting a time limit on such claims in a way that had not previously been spelled out.

  • February 21, 2024

    Justices Told NRA Speech Claim Would Thwart Regulation

    The ex-head of New York's financial regulator has told the U.S. Supreme Court her statements advising companies to consider their relationships with the National Rifle Association following the 2018 mass shooting in Parkland, Florida, didn't violate the First Amendment, rejecting the NRA's position that the statements were a "veiled threat."

Expert Analysis

  • Grant Compliance Takeaways From Ga. Tech's FCA Settlement

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    Georgia Tech’s recent False Claims Act settlement over its failure to detect compliance shortcomings in a grant program was unique in that it involved a voluntary repayment of funds prior to the resolution, offering a few key lessons for universities receiving research funding from the government, says Jonathan Porter at Husch Blackwell.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • High Court Case Could Reshape Local Development Fees

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    If last month's oral arguments are any indication of how the U.S. Supreme Court will rule in Sheetz v. County of El Dorado, it's unlikely the justices will hold that the essential nexus and rough proportionality tests under the cases of Nollan, Dolan and Koontz apply to legislative exactions, but a sweeping decision would still be the natural progression in the line of cases giving property owners takings claims, says Phillip Babich at Reed Smith.

  • Employer Lessons From Nixed Calif. Arbitration Agreement

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    A California state appeals court’s recent decision to throw out an otherwise valid arbitration agreement, where an employee claimed a confusing electronic signature system led her to agree to unfair terms, should alert employers to scrutinize any waivers or signing procedures that may appear to unconscionably favor the company, say Guillermo Tello and Monique Eginli at Clark Hill.

  • Ch. 11 Ruling Highlights 'Two-Step' Challenges In 4th Circ.

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    A North Carolina bankruptcy court’s recent ruling in Bestwall’s Chapter 11 case, and the decision's interpretation of Fourth Circuit law, suggests that, compared to other circuits, it may be more difficult to dismiss so-called Texas Two-Step bankruptcy cases within the Fourth Circuit, say Brittany Falabella and Kollin Bender at Hirschler Fleischer.

  • EEO-1 Ruling May Affect Other Gov't Agency Disclosures

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    By tightly construing a rarely litigated but frequently asserted term, a California federal court’s ruling that the Freedom of Information Act does not exempt reports to the U.S. Department of Labor on workplace demographics could expand the range of government contractor information susceptible to public disclosure, says John Zabriskie at Foley & Lardner.

  • What Retailers Should Note In Calif. Web Tracking Suits

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    As retailers face a deluge of class actions alleging the use of conventional web analytic tools violate wiretapping and eavesdropping provisions of the California Invasion of Privacy Act, uncovering the path toward a narrow interpretation of the law will largely depend on how these cases proceed, say Matthew Pearson and Kareem Salem at BakerHostetler.

  • Sentencing Shift Might Not Help Most White Collar Defendants

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    Many have lauded the new zero-point offender adjustment in the U.S. sentencing guidelines, which may provide a pathway for noncustodial sentences for first-time offenders — but given the types of cases federal prosecutors often pursue, it likely won't offer much relief to white collar defendants, says Saurish Appleby-Bhattacharjee at BCLP.

  • Del. Ruling Adds Momentum For Caremark Plaintiffs

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    The Delaware Supreme Court's recent opinion in Lebanon County Employees' Retirement Fund v. Collis could be viewed as expanding plaintiffs' ability to viably plead a Caremark claim against directors, so Delaware companies should be on heightened alert and focus on creating a record of board oversight, say attorneys at V&E.

  • What's At Stake In High Court NLRB Injunction Case

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    William Baker at Wigdor examines the U.S. Supreme Court's recent decision to hear Starbucks v. McKinney — where it will consider a long-standing circuit split over the standard for evaluating National Labor Relations Board injunction bids — and explains why the justices’ eventual decision, either way, is unlikely to be a significant blow to labor.

  • Opinion

    High Court's Gifts Problem Taints Public Corruption Cases

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    A history of U.S. Supreme Court justices failing to disclose luxurious gifts from wealthy donors coincides with a troubling line of court precedent overturning jury convictions in public corruption cases, indicating that perhaps justices aren't presently fit to be making these decisions, says Sen. Sheldon Whitehouse, D-R.I.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • UK Court Ruling Reinforces CMA's Info-Gathering Powers

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    An English appeals court's recent decision in the BMW and Volkswagen antitrust cases affirmed that the U.K. Competition and Markets Authority can request information from entities outside the U.K., reinstating an important implement in the CMA's investigative toolkit, say lawyers at White & Case.

  • Fed. Circ. In Jan.: One Word Can Affect Claim Construction

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    The Federal Circuit's recent Pacific Biosciences v. Personal Genomics decision highlights how even construction of a simple term can be dispositive, and thus disputed, in view of the specific context provided by the surrounding claim language, say Jeremiah Helm and Sean Murray at Knobbe.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

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