Appellate

  • November 18, 2024

    Friedman Kaplan Name Partner Larry Robbins Dies At 72

    Larry Robbins, a name partner at Friedman Kaplan Seiler Adelman & Robbins LLP known for counseling high-profile congressional witnesses like Marie Yovanovitch and Christine Blasey Ford through their Senate and House committee appearances, died earlier this month at age 72, the firm announced.

  • November 18, 2024

    5th Circ. Says Texas County Wrong To Close Court Hearings

    A Fifth Circuit panel has upheld a trial court's ruling that a Texas county improperly blocked the press and public from attending criminal pretrial proceedings known as magistrate hearings, finding that the practice violates the First Amendment and harms the two news outlets and an advocacy group that brought the lawsuit.

  • November 18, 2024

    DC Judges, Council Urge Confirmation Of City's Bench Picks

    District of Columbia council members and chief judges are calling on the Senate to confirm the D.C. judicial nominees pending on the floor by the end of the year as the court system has repeatedly called attention to a vacancy crisis.

  • November 18, 2024

    MVP: Paul Weiss' Kannon K. Shanmugam

    Kannon Shanmugam, chair of Paul Weiss Rifkind Wharton & Garrison LLP's Supreme Court and appellate litigation practice, won a precedent-setting Second Circuit decision in a $13 billion Goldman Sachs shareholder class action, got a criminal conviction thrown out for former U.S. Rep. Jeff Fortenberry, and persuaded the Nevada Supreme Court that a former Las Vegas Raiders head coach must arbitrate his leaked-email claims against the NFL, earning him a spot as one of the 2024 Law360 Appellate MVPs.

  • November 18, 2024

    11th Circ. Shelves Peanut Truck Co.'s Excise Tax Refund

    The Eleventh Circuit has overturned a decision awarding an excise tax refund to a manufacturer for selling wagons that dry and carry peanuts, saying the refund is reserved for vehicles that are specially designed for off-highway transportation — a test the peanut wagons failed.

  • November 18, 2024

    3rd Circ. Shuts Down Healthcare Workers' Vax Bias Suit

    A split Third Circuit panel said a group of Christian workers can't revive suits claiming a healthcare provider illegally fired them for refusing the COVID-19 vaccine on religious grounds, finding they failed to show how their beliefs prevented them from getting immunized.

  • November 18, 2024

    High Court Turns Away Ex-Volvo Worker's Military Bias Suit

    The U.S. Supreme Court declined Monday to review a U.S. Army veteran's suit claiming Volvo fired her because of her military service and post-traumatic stress disorder, leaving in place a Seventh Circuit decision that refused to reinstate a $7.8 million jury verdict in her favor.

  • November 18, 2024

    Justices Pass On Coverage Row Over Wood Treatment Injury

    The U.S. Supreme Court on Monday declined to take up an insurer's argument that a wood treatment product maker's policy excludes coverage of an underlying suit over a man's cancer diagnosis following decades of exposure to the chemical.

  • November 18, 2024

    Supreme Court Turns Down 3 Patent Cases

    The U.S. Supreme Court on Monday refused to hear three patent cases dealing with patent eligibility, standing to bring infringement suits and the rules surrounding the launch of generic drugs.

  • November 18, 2024

    Justices Reject SC Agency's Appeal Of Google Subpoena

    The U.S. Supreme Court refused Monday to take up a South Carolina state agency's appeal of a Fourth Circuit decision requiring its compliance with a Google subpoena in a case accusing the tech giant of monopolizing key digital ad technology.

  • November 15, 2024

    Murdaugh's Ex-Banker Wins New Trial Over Juror Removal

    A bank executive who helped disgraced lawyer Alex Murdaugh steal client money deserves a new trial because a juror was inappropriately removed during deliberations, the Fourth Circuit has ruled in an issue of first impression.

  • November 15, 2024

    Texas Court OKs Peloton Atty's Suit Against Ex-Coworker

    A Texas appeals court won't toss a defamation suit accusing a former Peloton employee of falsely claiming to company executives and New Jersey police that she was bullied by her workplace acquaintance, an in-house attorney, after finding she can't avail herself of a state statute protecting citizens from retaliatory lawsuits.

  • November 15, 2024

    Texas Appeals Court: $3M Bond For Real Estate Row Stays

    A Texas appeals court found Thursday that a real estate company can't lower the bond it has to pay while it appeals its trial loss, saying the trial court got it right by raising the bond beyond what the company wanted because it did not put forward enough evidence.

  • November 15, 2024

    3rd Circ. Won't Rehear Moroccan Hotel Fight Over $60M Award

    The Third Circuit has declined to rethink its decision reviving a dispute over the enforcement of a $60 million arbitral award favoring the current owner of a luxury hotel in Casablanca, despite an investment group's claims that the ruling is unprecedented and disregards well-established Delaware law.

  • November 15, 2024

    7th Circ. Takes Issue With Atty's Insider Trading Acquittal

    A Seventh Circuit judge signaled Friday that an Illinois attorney's insider trading acquittal may be on shaky ground, saying the trial court made a post-conviction ruling that seems "hard to defend."

  • November 15, 2024

    Kalshi Fires Back At CFTC's 'Futile' Election Betting Appeal

    The Commodity Futures Trading Commission is attempting to "rewrite" its governing statute by claiming that placing bets on the outcome of elections is a form of prohibited gaming, trading platform KalshiEx LLC told the D.C. Circuit on Friday as it fought to continue listing election contracts in the future.

  • November 15, 2024

    Meet Trump's Solicitor General Nominee John Sauer

    A former Missouri solicitor general who later convinced the U.S. Supreme Court that former presidents have sweeping immunity from prosecution for their official acts is poised to become the next U.S. solicitor general, joining other members of President-elect Donald Trump's criminal defense team who are slated to take top roles at the U.S. Department of Justice.

  • November 15, 2024

    Pa. Top Court Snapshot: Silent Partners, Skill Games In Nov.

    The Pennsylvania Supreme Court's November argument schedule will task the justices with determining whether a property owner's absentee partner is an "indispensable party," whether CBD oil is reimbursable under workers' comp, and whether operating legally gray "skill games" should disqualify someone from getting a gaming license.

  • November 15, 2024

    The High Court Fee Case That Has Civil Rights Attys On Edge

    The U.S. Supreme Court could soon make it more difficult for civil rights attorneys to get paid even when they successfully challenge harmful government policies, an "earthshaking disturbance" advocates say could deter lawyers from taking on indigent clients.

  • November 15, 2024

    FERC Ignored Calif. Hydro Permitting Mischief, DC Circ. Told

    The Federal Energy Regulatory Commission turned a blind eye to clear evidence that California's water board gamed the permitting process in concluding that the state agency didn't waive its Clean Water Act permitting authority over two hydroelectric dams, the D.C. Circuit heard this week.

  • November 15, 2024

    Poor Counsel Led To Unjust Tax Convictions, Justices Told

    A North Carolina actuary asked the U.S. Supreme Court to review a Fourth Circuit decision denying his bid to reverse his 2016 tax fraud convictions, saying the ruling was based on bad decisions made by his then-trial counsel.

  • November 15, 2024

    Paxton Says Texas Porn Site Law 'Modest' Way To End 'Crisis'

    Texas Attorney General Ken Paxton told the U.S. Supreme Court on Friday that a state law requiring visitors to prove their age before accessing content on certain adult-oriented websites is tailored in the most "modest" way possible to address a "public health crisis."

  • November 15, 2024

    Wis. Agency Issues Permits To Reroute Enbridge Pipeline

    The Wisconsin Department of Natural Resources approved permits needed for Enbridge Energy to move forward with a proposal to reroute a 12-mile portion of its controversial Line 5 pipeline around a Native American reservation and build a new 41-mile segment outside the area.

  • November 15, 2024

    FERC Can't Justify Pipeline Project Extension, DC Circ. Told

    The Federal Energy Regulatory Commission's ability to extend pipeline construction deadlines simply cannot be applied to a wholesale revision of a proposed southern spur of the Mountain Valley Pipeline, opponents of the project told the D.C. Circuit Thursday.

  • November 15, 2024

    Ga. Panel Says Homeowners Must Arbitrate Boundary Spat

    The Georgia Court of Appeals on Friday ordered a property line spat between a construction company and a homeowner sent to arbitration, reversing a trial court's ruling that the issue fell outside the bounds of an arbitration provision within the original sale contract.

Expert Analysis

  • Series

    After Chevron: SEC Climate And ESG Rules Likely Doomed

    Author Photo

    Under the U.S. Supreme Court's recent decision in Loper Bright, without agency deference, the U.S. Securities and Exchange Commission's climate disclosure and environmental, social and governance rules would likely be found lacking in statutory support and vacated by the courts, says Justin Chretien at Carlton Fields.

  • Assessing Whether Jarkesy May Limit FINRA Prosecutions

    Author Photo

    The U.S. Supreme Court’s recent decision in Jarkesy v. U.S. Securities and Exchange Commission, holding that civil securities fraud defendants are entitled to jury trials, may cause unpredictable results when applied to Financial Industry Regulatory Authority prosecutions, say Barry Temkin and Kate DiGeronimo at Mound Cotton.

  • The Bank Preemption Ripple Effects After Cantero, Flagstar

    Author Photo

    The importance of federal preemption for financial institutions will only increase as technology-driven innovations evolve, which is why the U.S. Supreme Court's recent decision in Cantero v. Bank of America and vacatur of Kivett v. Flagstar Bank have real modern-day significance for national banks, say attorneys at WilmerHale.

  • IP Hot Topic: The Intersection Of Trademark And Antitrust Law

    Author Photo

    Antitrust claims – like those in the U.S. Department of Justice’s recent case against Apple – are increasingly influencing trademark disputes and enforcement practices, demonstrating how antitrust law can dilute the power of a trademark, say attorneys at Dentons.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

    Author Photo

    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

  • How Law Firms Can Avoid 'Collaboration Drag'

    Author Photo

    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • Election Outlook: A Precedent Primer On Content Moderation

    Author Photo

    With the 2024 election season now in full swing, online platforms will face difficult and politically sensitive decisions about content moderation, but U.S. Supreme Court decisions from last term offer much-needed certainty about their rights, say Jonathan Blavin and Helen White at Munger Tolles.

  • When The Supreme Court Gives You Lemons, Make Lemonade

    Author Photo

    Instead of grousing about the U.S. Supreme Court’s recent decisions overturning long-standing precedents, attorneys should look to history for examples of how enterprising legal minds molded difficult decisions to their advantage, and figure out how to work with the cards they’ve been dealt, says Reuben Guttman at Guttman Buschner.

  • Philly Project Case Renews Ongoing Fraud Theory Tug-Of-War

    Author Photo

    In its upcoming term, the U.S. Supreme Court will hear Kousisis v. U.S., a case involving wire fraud convictions related to Philadelphia bridge repair projects, and may once again further rein in prosecutorial attempts to expand theories of fraud beyond core traditional property rights, say Jonathan Halpern and Kyra Rosenzweig at Holland & Knight.

  • How Anti-DEI Bill Could Affect Employers' Diversity Efforts

    Author Photo

    Sen. J.D. Vance's recently introduced Dismantle DEI Act would substantially limit employers’ ability to implement and promote workplace diversity, equity and inclusion, but there are still steps employers can take to support a diverse workforce, says Peter Ennis at Cozen O’Connor.

  • Fed. Circ. Resolves Post-AIA Question On Prefiling Activity

    Author Photo

    For more than a decade, patent attorneys have worried about what the America Invents Act means for specific prefiling activities, but two recent Federal Circuit decisions suggest the enumerated prefiling activities in Section 102(a)(1) will not affect validity if done within a year of filing the application, says Howard Skaist at Berkeley Law.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

    Author Photo

    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • Series

    After Chevron: What To Expect In Consumer Protection At FTC

    Author Photo

    Although the Federal Trade Commission's bread-and-butter consumer protection law enforcement actions are unlikely to be affected, the Loper Bright decision may curb the FTC's bolder interpretations of the statutes it enforces, says Mary Engle at BBB National Programs.

  • Fed. Circ. Patent Ruling Clarifies Section 101 Procedures

    Author Photo

    The Federal Circuit’s recent ruling in Mobile Acuity v. Blippar affirming a dismissal at the pleading stage illustrates important considerations and potential pitfalls for both filing and opposing a Section 101 motion to dismiss, say Thomas Sprankling and Vikram Iyer at WilmerHale.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

    Author Photo

    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Appellate archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!