Appellate

  • May 17, 2024

    3rd Circ. Won't Rethink Cancellation Of $10M Win In TM Battle

    Texans can continue to be subjected to the earworm that is the "Kars 4 Kids" jingle, as the Third Circuit declined this week to reconsider its ruling against a local charity that had temporarily won a $10 million judgment in a trademark dispute over the name.

  • May 17, 2024

    DC Circ. Affirms Ex-HUD Official's Conviction For False Docs

    The D.C. Circuit on Friday upheld the documents falsification conviction of a former high-ranking staffer within the U.S. Department of Housing and Urban Development's Office of the Inspector General, rejecting his arguments that prosecutors had diverged at trial from the charges laid out in an indictment.

  • May 17, 2024

    OB-GYN Enough Like GYN Oncologist For Expert Witness Law

    A Florida state appeals court on Friday revived a suit accusing a gynecological oncologist of performing an unnecessary surgery, saying the credentials of the patient's medical expert — an OB-GYN — satisfied the state's "same specialty" requirement.

  • May 17, 2024

    Eagles Coach Didn't Fumble When He Flew Nest, Panel Says

    Philadelphia Eagles Head Coach Nick Sirianni and his wife were allowed to back out of buying a $2.3 million home in New Jersey because the sellers hadn't disclosed or obtained a waiver for a "right of first refusal" from a previous owner's children, a New Jersey state appeals court affirmed Friday.

  • May 17, 2024

    Bettors Say 6th Circ. Erred In Ruling Over Doped Derby Horse

    A group of gamblers who claim they had winning bets on the 2021 Kentucky Derby after officials stripped the lead horse of its title has petitioned the Sixth Circuit to rehear arguments after a panel of the court earlier this month affirmed the lower court's decision to toss the case.

  • May 17, 2024

    Inside The New Legal Push To End Calif.'s Death Penalty

    In a first-of-its-kind case in the Golden State, the California Supreme Court is being asked to permanently dismantle the nation’s most populous death row on grounds that capital punishment has been administered in a racially discriminatory manner that disproportionately harms people of color.

  • May 17, 2024

    Off The Bench: Golf Star Arrest, Fla. Gambling, Gruden V. NFL

    In this week's Off the Bench, the world's top-ranked golfer is arrested after a traffic incident outside the PGA Championship, the federal government urges the U.S. Supreme Court to stay out of Florida's sports gambling dispute and Jon Gruden's defamation brawl with the NFL heads to arbitration.

  • May 17, 2024

    Koch-Tied Group Says Transparency Law Offends Federalism

    The Corporate Transparency Act is unconstitutional because it does not regulate interstate commerce yet mandates that state-registered entities disclose personal information, a conservative group affiliated with the billionaire Koch brothers told the Eleventh Circuit on Friday.

  • May 17, 2024

    Fla. Appeals Court Nixes Condo Tax Sale After Address Mix-Up

    A Florida state appeals panel authored a split decision ordering a lower district court to reverse a tax deed sale after a property owner in Miami-Dade claimed the county's clerk of court failed to provide notice that his condo was being put up for sale due to a delinquent tax bill.

  • May 17, 2024

    Credit Suisse Can't Reverse $21.3M Biz Loss Denial

    Credit Suisse cannot carry forward $21.3 million in business losses from 2015-2017 to its 2018 Michigan tax return, a state appeals court said, letting stand a ruling that the bank miscalculated its business income from those years on its returns.

  • May 17, 2024

    Las Vegas Sun Wants Day In Court Against Review-Journal

    The Las Vegas Sun asked a Nevada federal judge Thursday to schedule trial in its antitrust suit against the Las Vegas Review-Journal, arguing the larger paper and soured distribution partner cannot be allowed to continue running out the clock in an effort to put the Sun out of business.

  • May 17, 2024

    Good Behavior Can Shave Contempt Sentences, Judge Rules

    A Michigan federal judge on Friday said he would not ask the state's highest court to decide whether civil litigants held in criminal contempt in state court can get time off their sentences for good behavior, saying he was confident justices would agree with him that they can.

  • May 17, 2024

    9th Circ. Judges Say Bias Suit Deserved En Banc Rehearing

    A Ninth Circuit panel's opinion that a fire chief's Christian faith wasn't the cause for his firing will have severe ramifications in discrimination cases and the full appellate court should have reconsidered it, several circuit judges said Friday.

  • May 17, 2024

    DC Circ. Won't Immediately Block EPA Power Plant GHG Rule

    The U.S. Environmental Protection Agency is clear to implement its new greenhouse gas emissions rule for power plants — at least for now — after the D.C. Circuit on Friday rejected an effort to temporarily block it.

  • May 17, 2024

    NFL Gets Win In Gruden Arbitration Case, But Also A Warning

    The NFL convinced a Nevada appeals court to order arbitration for the defamation suit by former Las Vegas Raiders coach Jon Gruden, but experts say the league shouldn't celebrate too hard in the end zone, because the justices shone light on cracks in its arbitration process.

  • May 17, 2024

    Industry Emboldened After Justices Galvanize Agency Attacks

    In the year since the U.S. Supreme Court said "extraordinary" and "far-reaching" attacks on administrative enforcers can skip agency tribunals and go straight to federal district court, ambitious challenges to regulatory powers are rapidly gaining traction, and the high court is poised to put them on an even firmer footing.

  • May 17, 2024

    Dozens Of Pro Bono Attys Back 3rd Circ. Nominee Mangi

    Forty-nine pro bono partners, counsel and chairs from major law firms and organizations wrote to Senate leadership on Friday with concerns that the staunch opposition against Third Circuit nominee Adeel Mangi over his pro bono work will have a chilling effect on future attorneys seeking judgeships, according to a letter shared with Law360.

  • May 17, 2024

    Texas Justices Side With Car Dealership In Lease Dispute

    The Supreme Court of Texas reversed and remanded a landlord's win against its former car dealership tenant, ruling Friday that the dealership's $1.3 million jury verdict wasn't upended when it gave up its appeal of a separate eviction suit.

  • May 17, 2024

    NJ Panel Cites Bad Expert Opinion In Tossing Malpractice Suit

    A New Jersey appellate court upheld Thursday the dismissal of a legal malpractice dispute accusing an attorney of botching a woman's suit over a restaurant attack where she ended up recovering the minimum award.

  • May 17, 2024

    NJ Atty Escapes Malpractice Suit Over UPS Bias Suit

    A New Jersey state appeals court on Friday refused to revive a legal malpractice lawsuit from a UPS driver alleging his ex-lawyer did not disclose his working relationship with Day Pitney LLP, the firm that represented the delivery company in the driver's underlying racial discrimination suit.

  • May 17, 2024

    Judge Bias Claim Can't Sink Mayo Clinic Ariz. Malpractice Win

    An Arizona appellate court has affirmed a lower court bench ruling that let the Mayo Clinic in Arizona off the hook on malpractice claims lodged by a man who suffered serious complications after an abdominal procedure, in part ruling that he didn't show judicial bias requiring recusal.

  • May 17, 2024

    Alito Flag Report Fuels Ethics Debate, But Likely No Recusal

    Responses to a report that an upside-down American flag flew outside U.S. Supreme Court Justice Samuel Alito's home following the 2020 presidential election broke along partisan lines Friday, with conservatives decrying it as a smear campaign and liberals calling for his recusal from pending election-related cases and for general court ethics reform.

  • May 17, 2024

    Texas Justices Let Fen-Phen Atty Malpractice Fight Roll On

    The Texas Supreme Court ruled Friday that roughly 4,000 former clients of a Houston mass tort lawyer can continue pressing their claims that the lawyer improperly kept millions of dollars in fen-phen diet drug settlement money.

  • May 17, 2024

    Wash. Energy Codes Challenged Again After 9th Circ. Decision

    In the wake of a Ninth Circuit ruling that forced Washington officials to revisit regulations on natural gas appliances used in new construction, a group of natural gas companies, homeowners and construction interests are claiming the state's apparent fix is again out of step with federal law.

  • May 17, 2024

    1st Circ. Rejects Ex-Immigration Judges' Bid For Asylum Redo

    The First Circuit's full bench refused to reopen a Salvadoran woman's case seeking asylum, despite former immigration judges weighing in to say that the judge who denied her asylum didn't follow a legal requirement to ensure her record was complete.

Expert Analysis

  • Series

    Riding My Peloton Bike Makes Me A Better Lawyer

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    Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.

  • The Challenges SEC's Climate Disclosure Rule May Face

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    Attorneys at Debevoise examine potential legal challenges to the U.S. Securities and Exchange Commission's new climate-related disclosure rule — against which nine suits have already been filed — including arguments under the Administrative Procedure Act, the major questions doctrine, the First Amendment and the nondelegation doctrine.

  • Ala. Frozen Embryo Ruling Creates Risks for Managed Care Orgs

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    The Alabama Supreme Court's decision in LePage v. Center for Reproductive Medicine last month, declaring that frozen embryos count as children, has not only upended the abortion debate but also raised questions for managed care organizations and healthcare providers that provide, offer or facilitate fertility treatment nationwide, say attorneys at Reed Smith.

  • NY Bond, Enforcement Options As Trump Judgment Looms

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    In light of former President Donald Trump's court filing this week indicating that he can't secure a bond for the New York attorney general's nearly $465 million judgment against him, Neil Pedersen of Pedersen & Sons Surety Bond Agency and Adam Pollock of Pollock Cohen explore New York state judgment enforcement options and the mechanics of securing and collateralizing an appellate bond.

  • What To Watch As Justices Consider Appeal Deadline Case

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    Next week, in Harrow v. U.S. Department of Defense, the U.S. Supreme Court will consider for the first time whether a statutory deadline for appealing from a federal agency to an Article III court is jurisdictional, setting the stage for a decision that could dramatically reshape the landscape for challenging agency decisions, say attorneys at MoloLamken.

  • Class Actions At The Circuit Courts: March Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from consumer fraud to employment — and provides key takeaways for counsel on issues including coercive communications with putative class members and Article III standing at the class certification stage.

  • Opinion

    Justices' Trump Ballot Ruling May Spark Constitutional Crisis

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    The U.S. Supreme Court’s recent ruling that former President Donald Trump must be reinstated to Colorado’s primary ballot endorses an unnecessarily broad legal theory of disqualification from federal office, raising constitutional questions that will only become more urgent as the next presidential election nears, says Devon Ombres at the Center for American Progress.

  • Rebuttal

    High Court Should Maintain Insurer Neutrality In Bankruptcy

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    While a recent Law360 guest article argues that the U.S. Supreme Court should endorse insurer standing in Truck Insurance Exchange v. Kaiser Gypsum, doing so would create a playground for mischief and delay, and the high court should instead uphold insurance neutrality, say attorneys at Lowenstein Sandler.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • The Future Of ERISA If High Court Ends Chevron Deference

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    The U.S. Supreme Court's upcoming decisions in two cases involving fishing company challenges to regulatory requirements could weaken or repeal Chevron deference, meaning U.S. Department of Labor regulations adopted under the Employee Retirement Income Security Act may be heavily scrutinized, modified or vacated by federal courts, say Naina Kamath and Julie Stapel at Morgan Lewis.

  • Assessing 2 Years Of High Court's Arbitration Waiver Ruling

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    In the two years since the U.S. Supreme Court's decision in Morgan v. Sundance, clarifying that no special rules apply to waiver of arbitration provisions, the ruling has had immediate ramifications in federal courts, but it may take some time for the effects to be felt on other federal issues and in state courts, say attorneys at Norton Rose.

  • Risks Of Nonmutual Offensive Collateral Estoppel In MDLs

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    After the Supreme Court declined to review the Sixth Circuit's ruling in the E.I. DuPont de Nemours & Co. personal injury litigation, nonmutual offensive collateral estoppel could show up in more MDLs, and transform the loss of a single MDL bellwether trial into a de facto classwide decision that binds thousands of other MDL cases, say Chantale Fiebig and Luke Sullivan at Weil Gotshal.

  • Infringement Policy Lessons From 4th Circ. Sony Music Ruling

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    The Fourth Circuit's recent decision in Sony Music v. Cox Communications, which in part held that the internet service provider was liable for contributing to music copyright infringement, highlights the importance of reasonable policies to terminate repeat infringers, and provides guidance for litigating claims of secondary liability, say Benjamin Marks and Alexandra Blankman at Weil.

  • What Recent Study Shows About AI's Promise For Legal Tasks

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    Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.

  • When Your Client Insists On Testifying In A Criminal Case

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    Speculation that former President Donald Trump could take the stand in any of the four criminal cases he faces serves as a reminder for counsel to consider their ethical obligations when a client insists on testifying, including the attorney’s duty of candor to the court and the depth of their discussions with clients, says Marissa Kingman at Fox Rothschild.

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