Appellate

  • February 22, 2024

    11th Circ. Backs Mayo Clinic Win In Race, Sex Bias Case

    The Eleventh Circuit on Wednesday declined to reinstate a case brought against Mayo Clinic by a Black former clinical specialty representative who alleged she was treated differently than white employees throughout her employment and later fired as a result of her race and gender.

  • February 22, 2024

    Chamber, Biz Groups Fight Class Cert. In GM Defect Suit

    Automotive and product manufacturer associations on Wednesday sided with General Motors in seeking to reverse the certification of 26 classes of drivers who allege the automaker sold vehicles with defective transmissions, saying allowing classes to include uninjured drivers would create billions of dollars in unnecessary litigation.

  • February 22, 2024

    $48M TM Award Over 'Dewberry' Name Appealed To Justices

    A provider of real estate development services has asked the U.S. Supreme Court to review a $48 million trademark infringement award upheld by the Fourth Circuit, arguing that it violates federal law by jointly putting its corporate affiliates on the hook for the amount.

  • February 22, 2024

    Va. Oil Terminal's Tax Value Upheld By Appeals Court

    A petroleum terminal was correctly valued by a local assessor at about $63 million for 2018 and $66 million for 2020, the Virginia Court of Appeals said, rejecting the owner's argument that the property's business prospects had plummeted, lowering its value.

  • February 22, 2024

    Roberts, Thomas Don't Use Marshals For Travel Security

    Newly released U.S. Marshals Service reports show U.S. Supreme Court Chief Justice John Roberts and Justice Clarence Thomas have not used the agency's security services in recent years, a decision that a watchdog says shields their off-hours travels from public scrutiny.

  • 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.

Expert Analysis

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Calif. High Court Ruling Outlines Limits On PAGA Actions

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    While the California Supreme Court’s ruling last week in Estrada v. Royalty Carpet Mills held that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, the opinion also details how claims can be narrowed, providing a road map for defendants facing complex actions, say attorneys at Gibson Dunn.

  • How States Vary On The Fireman's Rule And Its Applicability

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    A recent decision by the Indiana Court of Appeals, reviving a firefighter’s suit, is illustrative of changes in the application and interpretation by state courts and legislatures of the Fireman’s Rule, which bans first responders from recovering for injuries sustained on the job, says Shea Feagin at Swift Currie.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • NY Pay Frequency Cases May Soon Be A Thing Of The Past

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    Two recent developments in New York state have unfurled to suggest that the high tide of frequency-of-pay lawsuits may soon recede, giving employers the upper hand when defending against threatened or pending claims, say attorneys at Reed Smith.

  • The Section 230 Immunity Provision Debate Continues

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    The Fifth Circuit last month voted in Doe v. Snap Inc. not to reconsider en banc its decade-old interpretation of Section 230 of the Communications Decency Act, which generally allows websites to police objectionable content as they see fit — but a growing number of judges appear motivated to further limit the scope of its immunity, say Jordan Rice and Caleb Hayes-Deats at MoloLamken.

  • Arbitration Is Still On The Table To Fight ERISA Class Actions

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    Despite the U.S. Supreme Court recently denying certiorari in two cases that would have brought clarity to the arbitrability of ERISA claims, it is likely that the issue will remain hotly contested for some time, but lower court decisions provide tools for plan sponsors to curtail their ERISA exposure, say attorneys at Sullivan & Cromwell.

  • What To Expect From High Court In Corp. Disclosure Case

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    Oral argument in Macquarie v. Moab Partners — a case with the potential to significantly alter corporate disclosures and private securities litigation liability — suggests that the U.S. Supreme Court is focused on answering the narrow question presented, say Elizabeth Gingold Clark and Madeleine Juszynski Davidson at Alston & Bird.

  • 11 Noteworthy CFPB Developments From 2023

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    Under Rohit Chopra’s leadership, 2023 was an industrious year for the Consumer Financial Protection Bureau, with developments including the release of the proposed personal financial data rights rule, publication of proposed rules involving public registries for nonbanks and the bureau's continuous battle against junk fees, all of which are sure to further progress in 2024, say attorneys at Husch Blackwell.

  • Insured Takeaways From 10th Circ. Interrelated Claims Ruling

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    The Tenth Circuit's recent ruling in American Southwest Mortgage v. Continental Casualty that multiple claims arising from consecutive audit years were interrelated — and thus subject to a per claim limit — creates a concerning precedent for policyholders, so companies should negotiate relevant policy language, says Michael Stockalper at Saxe Doernberger.

  • Will Justices Settle Decades-Old Split On Arbitrator Conflicts?

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    Whether an arbitrator's failure to disclose a potential conflict of interest is sufficient grounds to vacate an arbitration award is the subject of an almost 60-year-old circuit split that the U.S. Supreme Court is positioned to resolve if it grants cert in either of two writs pending before it, say attorneys at Norton Rose.

  • Patent Prosecution Carries Consequences For Later Litigation

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    The Federal Circuit's recent Mylan v. Actelon holding, along with three other 2023 decisions, underscores the continued need for patent prosecutors to make note of potential claim construction issues that may arise in subsequent litigation, says Steven Wood at Hunton.

  • Perspectives

    Justices May Clarify Expert Witness Confrontation Confusion

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    After oral arguments in Smith v. Arizona, the U.S. Supreme Court seems poised to hold that expert witness opinions that rely on out-of-court testimonial statements for their factual basis are unconstitutional, thus resolving some of the complications created by the court’s confrontation clause jurisprudence, says Richard Friedman at the University of Michigan Law School.

  • Uncharted Waters Ahead For FCA Litigation In 2024

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    Following a year of significant court decisions, settlements, recoveries and proposed amendments, 2024 promises to be a lively year for False Claims Act actions and litigation, and one that will hopefully provide more clarity as FCA jurisprudence evolves, say attorneys at Crowell & Moring.

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