Appellate

  • February 27, 2024

    No Merit To Gas Pipeline Safety Rules Fight, Feds Say

    The U.S. Department of Transportation on Monday urged the D.C. Circuit to reject a gas pipeline industry group's challenge of a handful of new safety standards for transmission pipelines, saying it shouldn't be legally second-guessed over what amounts to a policy disagreement at the margins.

  • February 26, 2024

    BofA Battle Will Test Preemption's Reach At High Court

    The U.S. Supreme Court is set Tuesday to consider whether federal law exempts national banks from state-level escrow interest requirements, a case whose technical-sounding focus belies its hefty implications for the balance of federal and state regulatory power over many of the nation's big banks.

  • February 26, 2024

    Clement, Prelogar Odd Bedfellows In Social Media Showdown

    After GOP-led states targeted perceived stifling of conservative voices on social media, Monday's oral arguments at the U.S. Supreme Court could have featured predictable partisan fissures. But the case instead illustrated that legal ideology in the digital age is sometimes surprising.

  • February 26, 2024

    Intel Calls VLSI 'Desperate' In Fight Over License Defense

    Intel and VLSI are continuing to escalate their multivenue dispute over how to decide whether Intel already has a license to VLSI's patents, with the tech company telling the Federal Circuit the patent owner is "desperate to avoid" a California trial, and VLSI saying that trial "would be an enormous waste of party and judicial resources."

  • February 26, 2024

    Del. Justices Back Toss Of $500M Maxim-Analog Merger Suit

    The Delaware Supreme Court on Monday refused to revive investors' $500 million challenge to Maxim Integrated Products Inc.'s $21 billion merger with Analog Devices Inc., leaving intact a Chancery Court decision throwing out the case in May.

  • February 26, 2024

    KBR Urges 4th Circ. To OK $8M Award Against Kuwaiti Co.

    A global engineering corporation has asked the Fourth Circuit not to overturn a lower court decision enforcing an approximately $8 million arbitral award against a Kuwaiti construction company after a dispute over Iraqi wartime contracts, saying nothing warrants upending the award.

  • February 26, 2024

    Religious Stations Ask Justices To Review Webcast Royalties

    Religious webmasters who say that the Copyright Royalty Board's latest rate hike affects them disproportionately want the U.S. Supreme Court to take up their case and decide whether there is religious discrimination at play.

  • February 26, 2024

    MetaBirkins NFT Maker Tells 2nd Circ. 'Artwork' Is Protected

    The creator of the MetaBirkins non-fungible token collection has told the Second Circuit that his use of the iconic Hermès bag's name and likeness was relevant to his artwork but said the New York court misapplied the test of whether it was protected speech when it found that the digital assets infringed on the fashion house's trademarks.

  • February 26, 2024

    11th Circ. Says Bankruptcy Fraud Threat Can't Tank Deal

    The Eleventh Circuit ruled Monday that coupon marketing agency Valpak's alleged threat to report a franchisee for bankruptcy fraud was not extortion and refused to set aside the settlement that ended the franchisee's suit accusing Valpak of wrongfully terminating their agreement.

  • February 26, 2024

    Fed. Circ. Affirms Freshub Didn't Lie To Revive Patent App

    The Federal Circuit on Monday upheld a Texas federal court's ruling that Amazon's Alexa voice assistant didn't infringe voice-processing system patents owned by Freshub and that Freshub didn't use nefarious means to obtain those patents.

  • February 26, 2024

    Justices Say Social Media Speech Laws Pose 'Land Mines'

    The U.S. Supreme Court seemed skeptical Monday of the constitutionality of Florida and Texas laws prohibiting social media platforms from removing content or users based on viewpoint, but struggled with whether the still-developing records in the lawsuits challenging the regulations could support a meaningful ruling on platforms' First Amendment rights.

  • February 26, 2024

    Atty's Letter Is Not A Claim For Damages, Del. Justices Rule

    An attorney's presuit letter claiming that Syngenta's herbicide Paraquat caused his clients' Parkinson's disease does not constitute a "claim for damages" under the company's insurance policies with a pair of Zurich units, the Delaware Supreme Court ruled Monday.

  • February 26, 2024

    Business, Not Bias, Led To Mostly Black Layoffs, Judge Finds

    A federal judge has ruled that legitimate business interests drove a Washington, D.C., social services agency's choices regarding layoffs in 2010, despite those decisions disproportionately affecting Black workers — deciding the sole claim remaining in a proposed class action that has seen back-and-forth battles for more than 12 years.

  • February 26, 2024

    9th Circ. Revives Horse Owner's Civil Rights Suit Over Name

    The Ninth Circuit on Monday reinstated Jerry Jamgotchian's constitutional challenge against the California Horse Racing Board's decision refusing to let his horse Malpractice Meuser compete in a race in 2022, noting that the board's decision didn't block Jamgotchian from pursuing constitutional claims in federal court since the board lacked jurisdiction to decide such claims.

  • February 26, 2024

    Colo. Justices To Hear If Insurers Can Withhold Some Payouts

    The Colorado Supreme Court said Monday it will consider whether the state's insurance code allowed Geico, following unsuccessful settlement attempts, to refuse paying noneconomic damages to a policyholder for his underinsured motorist claim, given what Geico said is the "inherently subjective" nature of such damages.

  • February 26, 2024

    Mo. City Asks 8th Circ. To Revisit COVID-19 Coverage Ruling

    A Missouri city urged the full Eighth Circuit Monday to reconsider a panel decision that denied its request for coverage for sales tax revenue losses resulting from shutdowns related to COVID-19, saying the panel misinterpreted the policy's terms and skewed its review in favor of the insurer.

  • February 26, 2024

    Vidal Tells Examiners To Stay 'Flexible' On Obviousness

    The U.S. Patent and Trademark Office released new, legally nonbinding guidance Monday for how the agency wants patent examiners to handle U.S. Supreme Court precedent governing whether ideas covered by patents are too obvious.

  • February 26, 2024

    Mich. Justices Told Case Deadlines Tied To Litigants' Rights

    A property management company has told the Michigan Supreme Court it should reaffirm that case filing deadlines are "substantive" policy matters because they are essential to litigants' right to be free from stale claims, as the court is expected to decide whether it improperly extended a grace period to filers during the pandemic. 

  • February 26, 2024

    JetBlue, Spirit Tell 1st Circ. $3.8B Deal Is Good For Most Fliers

    JetBlue Airways and Spirit Airlines told the First Circuit on Monday that a $3.8 billion merger should not have been blocked because the judge who stopped the sale sought to protect a small, hypothetical subset of travelers to the detriment of the vast majority who stand to benefit from the deal.

  • February 26, 2024

    Ga. Appeals Court Brings Care Co. Back Into Death Suit

    A Georgia Court of Appeals panel on Monday reversed a trial court's decision to release a disability service coordination company from a wrongful death lawsuit, finding that it remains an open question as to whether the company's negligence cost one of its patients her life.

  • February 26, 2024

    3rd Circ. Backs Amtrak's Win In Fired Black Worker's Bias Suit

    The Third Circuit declined Monday to revive a Black former Amtrak inspector's racial discrimination suit claiming he was fired out of prejudice, ruling he didn't show bias informed the company's decision to sack him for taking hundreds of dollars in gifts from a contractor.

  • February 26, 2024

    Gartner, Hackett Settle Trade Secrets, Employee-Poaching Suit

    Consulting firm Gartner Inc. and its rival The Hackett Group Inc. have settled a trade secrets fight that saw each company accuse the other of unfair trade practices, according to a filing dismissing the case from Connecticut federal court.

  • February 26, 2024

    Del. Justices Deny Second Chance For Texas Land Co. Suit

    Two investors in one of Texas' largest land holding companies lost a bid Monday for Delaware Supreme Court revival of a suit challenging a six-fold increase in company shares, upholding a Court of Chancery finding in December.

  • February 26, 2024

    Teva Tells 1st Circ. Feds Must Clear High Bar In FCA Case

    Teva Pharmaceuticals told the First Circuit on Monday that the federal government should be held to — and cannot meet — a strict causation standard in a False Claims Act kickback case, asking the court to settle a matter of first impression in the circuit.

  • February 26, 2024

    Wells Fargo Reset Foreclosure Timeline, Texas Justices Rule

    Texas law allows Wells Fargo NA to reset a deadline for property foreclosure by simultaneously dropping a demand for full repayment of a defaulted loan and issuing a new one, the state high court has ruled.

Expert Analysis

  • Mitigating Whistleblower Risks After High Court UBS Ruling

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    While it is always good practice for companies to periodically review whistleblower trainings, policies and procedures, the U.S. Supreme Court’s recent whistleblower-friendly ruling in Murray v. UBS Securities helps demonstrate their importance in reducing litigation risk, say attorneys at Arnold & Porter.

  • What Recent Setbacks In Court Mean For Enviro Justice

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    Two courts in Louisiana last month limited the federal government's ability to require consideration of Civil Rights Act disparate impacts when evaluating state-issued permits — likely providing a framework for opposition to environmental justice initiatives in other states, say attorneys at King & Spalding.

  • Justices' Double Jeopardy Ruling Preserves Acquittal Sanctity

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    The U.S. Supreme Court’s unanimous decision last week in McElrath v. Georgia, barring the state from retrying a man acquitted of murder after a so-called repugnant verdict, is significant in the tangled web of double jeopardy jurisprudence for its brief and unequivocal protection of an acquittal’s finality, says Lissa Griffin at Pace Law School.

  • Setting The Stage For High Court BofA Escrow Interest Case

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    Dori Bailey and Curtis Johnson at Bond Schoeneck examine relevant legislation and case law dating back 200 years ahead of oral arguments at the U.S. Supreme Court on Tuesday in Cantero v. Bank of America, the outcome of which will determine whether state laws governing mortgage escrow accounts can be enforced against national banks.

  • High Court Forfeiture Case Again Pits Text Against Purpose

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    In oral arguments Tuesday in McIntosh v. U.S., the U.S. Supreme Court will consider whether a federal court can impose asset forfeiture on a defendant even if it doesn’t comply with timing rules, which may affect the broader interpretation of procedural deadlines — and tees up the latest battle between textualism and purposivism, say Anden Chow and Christian Bale at MoloLamken.

  • Using Arbitration And Class Waivers As Privacy Suit Tools

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    Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • Justices Stay The Course In Maritime Choice-Of-Law Ruling

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    The U.S. Supreme Court's narrowly drawn decision in Great Lakes Insurance v. Raiders Retreat Realty, enforcing the underlying insurance contract's choice-of-law provision, carefully distinguishes those provisions from forum selection clauses, and ensures that courts will not apply its precepts outside the maritime context, says John Coyle at the University of North Carolina.

  • More Than Drugs At Stake In High Court's 'Blind Mule' Case

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    The U.S. Supreme Court's eventual decision in Diaz v. U.S., evaluating whether expert witnesses may testify that most defendants caught with drugs at the border know they are transporting drugs, could have implications for prosecuting everything from complex financial crimes to gun and drug cases, says Kenneth Notter at MoloLamken.

  • Why Fla. High Court Adopting Apex Doctrine Is Monumental

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    The Florida Supreme Court recently solidified the apex doctrine in the Sunshine State, an important development that extends the scope of the doctrine in the state to include both corporate and government officials, and formalizes the requirements for a high-level corporate official to challenge a request for a deposition, says Laura Renstrom at Holland & Knight.

  • Why Biz Groups Disagree On Ending Chevron Deference

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    Two amicus briefs filed in advance of last month's U.S. Supreme Court oral arguments in Loper Bright Enterprises v. Raimondo highlight contrasting views on whether the doctrine of Chevron deference promotes or undermines the stable regulatory environment that businesses require, say Wyatt Kendall and Sydney Brogden at Morris Manning.

  • Del. Ruling Stands Out In Thorny Noncompete Landscape

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    In Cantor Fitzgerald v. Ainslie, the Delaware Supreme Court last month upheld the enforceability of forfeiture-for-competition provisions in limited partnership agreements, providing a noteworthy opinion amid a time of increasing disfavor toward noncompetes and following a string of Chancery Court rulings deeming them unreasonable, say Margaret Butler and Steven Goldberg at BakerHostetler.

  • Class Actions At The Circuit Courts: February Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.

  • Google Patent Case Is A Claim Construction Litigation Lesson

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    The Federal Circuit's recent precedential decision in Google v. EcoFactor, which held that the Patent Trial and Appeal Board erred in the claim construction it had unknowingly adopted, shows that litigators should be alert to claim construction issues that masquerade as something else, says Roy Wepner at Kaplan Breyer.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

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