Appellate

  • February 06, 2025

    Courts Are Getting Alice Wrong, Google Foe Tells Justices

    A tech startup that lost an advertising technology patent case against Google is the latest party to tell the U.S. Supreme Court to revisit its legal precedent covering patent eligibility.

  • February 06, 2025

    Fla. Panel Rules Atty Imposter Scam Suit Had Invalid Service

    A Florida appellate court has reversed a judgment against a New Jersey real estate agent who was accused in a lawsuit of posing as an attorney and intercepting a $930,000 wire transfer meant to close on a Miami-area property, saying service was invalid.

  • February 06, 2025

    SEC's Dealer Suit May Criminalize Major Investors, Funds Say

    The hedge fund industry has urged the Eighth Circuit on to overturn a U.S. Securities and Exchange Commission victory against a penny stock trader, arguing that the SEC's case threatens to "make a felon of every institutional investor" by declaring them unregistered securities dealers.

  • February 06, 2025

    In Microchip Feud, Fed. Circ. Says PTAB Error Was 'Harmless'

    The Federal Circuit handed down a precedential decision Thursday finding that a claim construction error made by patent board judges was "harmless," declining to breathe new life into claims asserted against Microchip Technology.

  • February 06, 2025

    Devon Urges 10th Circ. To Undo $2.8M Drilling Royalty Order

    A Devon Energy Corp. unit has asked the Tenth Circuit to reverse an Oklahoma federal judge's decision to affirm a $2.8 million drilling royalty order the U.S. Department of the Interior issued against it, saying its actions were in line with a settlement it sealed with the federal government.

  • February 06, 2025

    Jeld-Wen Appealing Forced Factory Sale To 4th Circ., Again

    Jeld-Wen Inc. is taking another trip to the Fourth Circuit to fight an order forcing it to sell a door skin factory, filing a notice of appeal Thursday after a Virginia federal judge said a $115 million price is fair.

  • February 06, 2025

    Drug Cos. Urge Full Fed. Circ. To Hear Teva Orange Book Row

    The branded pharmaceutical industry is lining up behind a legal effort from Israeli drugmaker Teva that wants the full Federal Circuit to hear a dispute over delisting patents from the U.S. Food and Drug Administration's Orange Book.

  • February 06, 2025

    4th Circ. Sides With Credit Rater In Developers' Libel Lawsuit

    A group of developers won't get a second shot at their libel suit alleging credit rating firm Dun & Bradstreet published misleading credit reports about them after the Fourth Circuit said they failed to show the statements in those reports were defamatory.

  • February 06, 2025

    Colo. Panel Upholds State Attys' Immunity In Defamation Row

    A Colorado appeals panel on Thursday upheld the dismissal of a state economist's defamation claims against two government lawyers, finding that nothing in the state's government immunity statute carves out an exception for lawyers and that professional misconduct does not automatically cancel lawyers' immunity.

  • February 06, 2025

    Insurance Co. Must Cover Truck Driver Injury, 11th Circ. Rules

    The Eleventh Circuit has affirmed a Georgia federal judge's decision to hand a win to a transport company in a coverage dispute with Crum & Forster Insurance, ruling the insurer must cover a workers' compensation claim brought by a trucker maimed in an accident.

  • February 06, 2025

    FERC Tells DC Circ. Revised Grid Hookup Policy Is Sound

    The Federal Energy Regulatory Commission defended the penalty framework in its revised policy on hooking up new power projects to the grid, telling the D.C. Circuit it reasonably balanced competing interests and imposed a variety of safeguards. 

  • February 06, 2025

    SL Green, RXR To Appeal NYC Office Renovation Funds Fight

    A joint venture between SL Green Realty Corp. and RXR Realty plans to appeal a New York state court finding that an affiliate of the mostly defunct New York REIT can do what it wants with a $90.7 million pot set aside for major renovations of the jointly owned Worldwide Plaza.

  • February 06, 2025

    US To Appeal Block On Corporate Transparency Act

    The federal government plans to challenge an order preventing it from enforcing the Corporate Transparency Act's reporting requirements for businesses, following the U.S. Supreme Court's pause of another nationwide block on the law in a separate case, according to a notice filed in a Texas federal court.

  • February 06, 2025

    'Novel' Kia, Hyundai Theft Liability Theory Faces 6th Circ. Test

    A Sixth Circuit panel wrestled Thursday with whether to endorse a theory that automakers Kia and Hyundai could be liable for victims' injuries from crashes involving vehicles stolen during a TikTok-spurred wave of car thefts.

  • February 06, 2025

    NY Court Puts A Limit On Child Welfare Agency Surveillance

    A New York appellate court ruled that child welfare agencies lack the authority to surveil a parent just because their child's other parent was charged with abuse or neglect, banning a statewide practice that lasted for decades, an attorney told Law360 on Thursday.

  • February 06, 2025

    Tort Report: Kiss Death Suit Must Be Axed, Band Says

    A bid to escape a suit accusing legendary rock band Kiss of causing a guitar technician's coronavirus death and the $8.5 million settlement of a convoluted medical malpractice case lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • February 06, 2025

    Ga. Judge Resigns Amid Ethics Probe Over Communications

    The chief magistrate of the Haralson County Magistrate Court in Georgia has resigned amid an ethics investigation involving his ex parte communications, telling an official in a letter that he will not "seek appointment or election to any judiciary position in the future."

  • February 06, 2025

    Appellate Group Of The Year: Gibson Dunn

    Gibson Dunn & Crutcher LLP notched critical wins as the U.S. Supreme Court rejected an Eighth Amendment challenge to a city's public camping law and gave insurers a voice in mass tort bankruptcies, making it one of the 2024 Law360 Appellate Groups of the Year.

  • February 06, 2025

    Former US Atty Leigha Simonton To Join Dykema In Dallas

    After nearly two decades of government service and over two years as U.S. attorney for the Northern District of Texas, Leigha Simonton is entering private practice with Dykema Gossett PLLC, where she will help launch a Dallas-based white collar defense and investigations practice to serve the Texas region.

  • February 06, 2025

    Convicted Atty Disbarred In NJ Over LA Utility Billing Scandal

    The New Jersey Supreme Court disbarred an attorney this week who orchestrated a sham lawsuit against the city of Los Angeles on behalf of plaintiffs suing the local water utility and who later made $24 million off contracts with the city reached through a number of bribery schemes.

  • February 06, 2025

    2nd Circ. Clears Up 'Blurry' Trade Dress Standard

    The Second Circuit on Thursday revived a dispute between motorcycle helmet designers as it clarified a key legal standard in trade dress infringement cases.

  • February 06, 2025

    Farm Can't Unravel $2.5M Severed-Foot Verdict, 4th Circ. Told

    A North Carolina farmworker who lost his foot in an auger accident and won $2.5 million at trial said he gave the Fourth Circuit a reliable recitation of the case in his opening brief, arguing his former employer is "picking apart" his statement in a "misguided attempt to discredit" him and have the verdict thrown out.

  • February 05, 2025

    Cuomo Faces Skeptical Panel In AG Document Lawsuit

    Counsel for former New York Gov. Andrew Cuomo faced a doubtful appellate panel Wednesday, who questioned whether the disgraced executive had jumped the gun in suing Attorney General Letitia James for records from the state's sexual harassment investigation against him that are still being reviewed and produced.

  • February 05, 2025

    5th Circ. Tight-Lipped At NLRB Constitutionality Arguments

    A Fifth Circuit panel gave little indication of its leanings during arguments Wednesday in a key challenge to the constitutionality of the National Labor Relations Board, as an agency attorney urged the appeals court to find SpaceX and other companies had not shown the harm necessary to block agency proceedings against them.

  • February 05, 2025

    $12M Medical Fraud Suit Doesn't Need Retrial, 5th Circ. Told

    A Fifth Circuit panel seemed disinclined to do away with a retrial for a suspect in a multimillion-dollar healthcare fraud scheme after alleged prosecutorial misconduct sank an earlier trial, saying Wednesday that the trial judge's reasoning carries weight.

Expert Analysis

  • 5 Drug And Device Developments That Shaped 2024

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    The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.

  • Lessons From United's Axed Win In Firing Over Online Pics

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    In Wawrzenski v. United Airlines, a California state appeals court revived a flight attendant’s suit over her termination for linking photos of herself in uniform to her OnlyFans account, providing a cautionary tale for employers navigating the complexities of workplace policy enforcement in the digital age, say attorneys at ArentFox Schiff.

  • Reviewing The High Court's Approach To Free Speech Online

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    As the U.S. Supreme Court began addressing the interplay between the First Amendment and online social media platforms, its three opinions from last term show the justices adopting a nuanced approach that recognizes that private citizens, public employees and online platforms all have First Amendment rights, say attorneys at Jenner & Block.

  • Series

    In The CFPB Playbook: A Sprint To The Finish Line

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    The fourth quarter of 2024 was an impressive demonstration of the Consumer Financial Protection Bureau's ability to regulate, enforce and supervise, even on borrowed time following the election results, and we should expect the current bureau to run nonstop until Jan. 20, say attorneys at Covington.

  • Mich. Ruling Offers View On 'Occurrence' Coverage Definition

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    As demonstrated by a Michigan state court in its recent decision finding per-wound insurance coverage for a school shooting, the amount of coverage available under occurrence-based policies often depends on how courts interpret "occurrence," say attorneys at Hunton.

  • Rejoinder Strategy After Allergan Double-Patenting Case

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    A closer look at last year's Allergan v. MSN case at the Federal Circuit highlights the importance of rejoinder during patent prosecution in view of the risks associated with obviousness-type double patenting based on later-filed applications in the same patent family, say attorneys at BCLP.

  • What FARA Enforcement In 2024 Reveals For The Year Ahead

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    A number of developments, from indictments to legislation, shaped the Foreign Agents Registration Act enforcement landscape last year, and following the U.S. Department of Justice's recently released long-awaited proposed amendments to the law, 2025 shows no signs of slowing down, says Tessa Capeloto at Wiley.

  • Exploring Venue Strategy For Trump-Era Regulatory Litigation

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    Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.

  • Lessons Learned From 2024's Top FMLA Decisions

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    Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.

  • 5th Circ.'s Nasdaq Ruling Another Piece In DEI Policy Puzzle

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    The Fifth Circuit's recent en banc opinion vacating Nasdaq's board diversity listing rule wades into the hotly debated topic of diversity, equity and inclusion initiatives at a time when many public companies are navigating the attention that DEI commitments are drawing from activists and shareholders, say attorneys at Debevoise.

  • Lessons Learned From 2024's Top ADA Decisions

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    Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.

  • Series

    Playing Esports Makes Me A Better Lawyer

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    Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.

  • The 6 Most Significant FCRA Litigation Developments Of 2024

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    From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.

  • Fed. Circ. In December: A Patent Prosecution History Lesson

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    Despite relying on two rock-solid principles of patent law, DDR lost its Federal Circuit case against Priceline.com, highlighting how a change in the scope of the invention from the provisional to the nonprovisional application can affect the court's analysis of how a skilled artisan would understand claim terms after reading the prosecution history, say attorneys at Knobbe Martens.

  • An Associate's Guide To Career Development In 2025

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    As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.

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