Appellate

  • April 10, 2024

    No Damages After Drug Lab Scandal Sinks Case, Court Says

    A Massachusetts man is not entitled to compensation from a fund for exonerees after his 2006 heroin distribution conviction was among thousands of drug cases vacated due to misconduct by a chemist at the state crime lab, an intermediate appeals court said Wednesday.

  • April 10, 2024

    3rd Circ. Skeptical Of Challenge To NLRB Bonuses Ruling

    A Third Circuit panel appeared skeptical Wednesday of a nursing home's challenge to a National Labor Relations Board decision finding it unlawfully altered bonus pay it issued during the pandemic without bargaining, as judges questioned the company's argument that the bonuses were allowable under an expired contract.

  • April 10, 2024

    4th Circ. Sides With CMS' Definition Of 'Line-Extension Drug'

    The Fourth Circuit on Wednesday affirmed a summary judgment ruling in favor of the Centers for Medicare & Medicaid Services in a rule challenge by Vanda Pharmaceuticals, which took issue with the agency's criteria for what constitutes a line-extension drug.

  • April 10, 2024

    Dormant Commerce Applies To Cannabis, 2nd Circ. Told

    A California lawyer whose companies have filed multiple lawsuits challenging state and local cannabis licensure programs has urged the Second Circuit to find that the dormant commerce clause of the U.S. Constitution applies to federally illegal marijuana.

  • April 10, 2024

    Novant Wants Fired Exec's Atty Fees Cut After Trip To 4th Circ.

    An attorney representing a former Novant Health executive should receive about $140,000 after prevailing on claims that his client was fired for being white amid a diversity push, the healthcare network said, urging a North Carolina federal judge to reduce the ex-executive's request for about $152,000 in attorney fees.

  • April 10, 2024

    3rd Circ. Revives Retaliation Suit Against Pa. House GOP

    The Third Circuit breathed new life Wednesday into a former district office manager's lawsuit alleging she was fired by the Pennsylvania House Republican Caucus for reporting she had discovered mold in a state representative's office, finding she was acting outside her job duties when she spoke up.

  • April 10, 2024

    'Varsity Blues' Judge Won't Recuse From Bid For Plea Redo

    The Boston federal judge overseeing the waning "Varsity Blues" college admissions case said Wednesday he should be the one to decide whether a parent who pled guilty in the scandal's early days should be able to have the conviction erased, calling her recusal bid "fraught with judge-shopping."

  • April 10, 2024

    Justices Asked To Ban FCA Suits Relying On Patent Reviews

    Valeant Pharmaceuticals is going to the U.S. Supreme Court to argue that information cited in Patent Trial and Appeal Board reviews cannot later be used by whistleblowers in False Claims Act lawsuits.

  • April 10, 2024

    Beer Biz Investors Beg NC Justices To Clear Legal Haze

    Former shareholders looking to revive their fraud suit against the CEO of a beverage company and his wife asked the North Carolina Supreme Court on Wednesday to tie up an unsettled area of fiduciary law, saying a lower court's disparate jurisprudence "cries out" for clarity.

  • April 10, 2024

    'Let's Get Physical': Pa. Justices Tune In To COVID-19 Coverage

    One of late singer Olivia Newton-John's greatest hits struck a chord with a Pennsylvania Supreme Court justice Wednesday as he considered whether insurers should cover business losses stemming from government shutdown orders during the COVID-19 pandemic 

  • April 10, 2024

    Mich. Justices Block Wind Farm's Plan To Expand Near Airport

    The Michigan Supreme Court has upheld a local board's decision to block a commercial wind farm expansion, agreeing with a trial judge that zoning officials had marshaled enough evidence that the windmills posed safety risks to aviators.

  • April 10, 2024

    NC Justices Doubt Homeowner's Attic Fall Suit Can Go To Jury

    The North Carolina Supreme Court appeared likely Wednesday to rule against a homeowner who fell through an attic hole left by a builder, with the justices suggesting her actions may have played a part in her injury.

  • April 10, 2024

    Ohio Appeals Court Remands AFSCME Reinstatement Row

    An Ohio appeals court sent back to a lower court an arbitration award dispute over a township's claim that a maintenance worker "abandoned his position," finding Wednesday that an arbitrator did had the power under a labor contract to order reinstatement and make the employee whole.

  • April 10, 2024

    Talc Death Liability Should Have Been Even Split, Panel Finds

    A Pennsylvania appeals court on Wednesday partially reversed a $400,000 verdict in a mesothelioma suit against American International Industries, with a panel finding the trial court should have split the verdict in even thirds, rather than putting 50% of it on AII.

  • April 10, 2024

    GOP Senators Ask 5th Circ. To Ax School Bus Wi-Fi

    Seven Republican senators are backing a Fifth Circuit challenge to the Federal Communications Commission's plan to subsidize school bus Wi-Fi, saying the government shouldn't be funding children's unsupervised internet access on the way to and from school.

  • April 10, 2024

    Trump Fails Again To Halt NY Trial Over Claim Judge Is Biased

    Donald Trump on Wednesday tried and failed for the third time in as many days to delay his upcoming hush-money trial, after arguing the judge should be removed for supposed bias and that the judge's rules were preventing him from defending himself.

  • April 10, 2024

    Fla. Judge Cops To Trimmed Charges Over Campaign Talk

    A Florida county circuit court judge may face a shorter 25-day suspension over public statements he made favoring law enforcement during his 2022 campaign for his seat after the Florida Supreme Court rejected a 30-day suspension agreement because of an incorrect reading of the rules of conduct.

  • April 10, 2024

    Biden Keeps Up With Trump On Judge Confirmation Pace

    The Senate voted 100-0 on Wednesday to confirm Judge Ann Marie McIff Allen to the District of Utah, which marks 40 confirmations of lifetime judges with public defender experience under President Joe Biden, putting him on par with the number of judges President Donald Trump got confirmed by this point in his administration.

  • April 10, 2024

    Mich. Appellate Panel Won't Halt Election Case Against Atty

    A Michigan appellate panel on Tuesday said it wouldn't pause criminal proceedings against an attorney accused of tampering with voting machines after the 2020 presidential election or consider her appeal of a trial court's decision to issue an arrest warrant for missing a hearing.

  • April 10, 2024

    1st Circ. Says Appellant's Death Erases Conviction

    The First Circuit has vacated the stock fraud conviction of a biotech executive who died in prison, aligning itself with all the other federal circuits in adopting the longstanding principle that a defendant's death during a direct appeal of a conviction wipes out all the criminal proceedings from their inception.

  • April 10, 2024

    9th Circ. Says Arbitration Carveout Doesn't Apply To Cos.

    Section 1 of the Federal Arbitration Act only applies to humans, not companies, a Ninth Circuit panel ruled Wednesday, affirming a Washington federal court decision shipping three Amazon workers' misclassification suit to arbitration.

  • April 10, 2024

    DA Says SEPTA Prosecutor Law Unfairly Singles Out Philly

    An attorney for Philadelphia District Attorney Larry Krasner told a Pennsylvania appellate court Wednesday that a law mandating a "special prosecutor" within the Attorney General's Office to handle crimes within the Southeastern Pennsylvania Transportation Authority had unfairly and unconstitutionally singled out Philadelphia and his office.

  • April 10, 2024

    Ex-Trump Finance Chief Weisselberg Jailed For Perjury

    A New York state judge on Wednesday sentenced former Trump Organization Chief Financial Officer Allen Weisselberg to five months in jail for lying under oath in the attorney general's civil fraud case against Donald Trump and his business associates, imprisoning a close ally of the former president on the eve of his hush-money trial.

  • April 09, 2024

    After Uproar, New MDL Rule Advances With Attys Assuaged

    Following years of debate and months of outcry, a judicial panel Tuesday approved the first formal rule aimed at improving efficiency and fairness in the nation's burgeoning realm of multidistrict litigation, earning plaudits from placated lawyers in the defense and plaintiffs bars.

  • April 09, 2024

    5th Circ. Asks For Briefing Amid Scrutiny Of Judge's Citi Stock

    The Fifth Circuit has ordered additional briefing in a banking industry-backed legal challenge to the Consumer Financial Protection Bureau's $8 credit card late-fee rule amid questions that have been raised about a potential conflict of interest involving a circuit court judge on the case.

Expert Analysis

  • Fears About The End Of Chevron Deference Are Overblown

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    While some are concerned about repercussions if the U.S. Supreme Court brings an end to Chevron deference in the Loper and Relentless cases this term, agencies and attorneys would survive just fine under the doctrines that have already begun to replace it, say Daniel Wolff and Henry Leung at Crowell & Moring.

  • What A Post-Chevron Landscape Could Mean For Labor Law

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    With the U.S. Supreme Court’s ruling on Chevron deference expected by the end of June, it’s not too soon to consider how National Labor Relations Act interpretations could be affected if federal courts no longer defer to administrative agencies’ statutory interpretation and regulatory actions, say attorneys at Morgan Lewis.

  • Perspectives

    Context Is Everything In Justices' Sentencing Relief Decision

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    In the U.S. Supreme Court’s recent Pulsifer v. U.S. decision, limiting the number of drug offenders eligible for sentencing relief, the majority and dissent adopted very different contextual frames for interpreting the meaning of “and” — with the practical impact being that thousands more defendants will be subject to severe mandatory minimums, says Douglas Berman at Moritz College of Law​​​​​​​.

  • Opinion

    The SEC Is Engaging In Regulation By Destruction

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    The U.S. Securities and Exchange Commission's recent use of regulation by enforcement against digital assets indicates it's more interested in causing harm to crypto companies than providing guidance to the markets or protecting investors, says J.W. Verret at George Mason University.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs

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    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

  • Studying NY, NJ Case Law On Employee Social Media Rights

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    While a New Jersey state appeals court has twice determined that an employee's termination by a private employer for social media posts is not prohibited, New York has yet to take a stand on the issue — so employers' decisions on such matters still need to be assessed on a case-by-case basis, say Julie Levinson Werner and Jessica Kriegsfeld at Lowenstein Sandler.

  • A 5th Circ. Lesson On Preserving Indemnification Rights

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    The Fifth Circuit's recent decision in Raymond James & Associates v. Jalbert offers an important lesson for creditors and parties to indemnification agreements: If a debtor has indemnified a creditor, the creditor should consider participating in the bankruptcy case to avoid being deemed to have forfeited its indemnification rights, say Dania Slim and Alana Lyman at Pillsbury.

  • ShapeShift Fine Epitomizes SEC's Crypto Policy, And Its Flaws

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    A recent U.S. Securities and Exchange Commission order imposing a fine on former cryptocurrency exchange ShapeShift for failing to register as a securities dealer showcases the SEC's regulation-by-enforcement approach, but the dissent by two commissioners raises valid concerns that the agency's embrace of ambiguity over clarity risks hampering the growth of the crypto economy, says Keith Blackman at Bracewell.

  • 2nd Circ. Adviser Liability Ruling May Shape SEC Enforcement

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    The Second Circuit’s recent decision in U.S. Securities and Exchange Commission v. Rashid, applying basic negligence principles to reverse a finding of investment adviser liability, provides a road map for future fraud enforcement proceedings, says Elisha Kobre at Bradley Arant.

  • In Bribery Case, High Court's Past Is Probably Prologue

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    The U.S. Supreme Court will soon hear oral arguments in Snyder v. U.S. on the issue of whether federal law criminalizes gratuities that are not tied to an explicit quid pro quo, and precedent strongly indicates the court will limit an expansive reading of the bribery statute, say attorneys Sami Azhari and Don Davidson.

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • Direct Claims Ruling May Alter Gov't Ties To Software Firms

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    A recent Federal Circuit decision allowing a software developer to pursue legal action under the Contract Disputes Act could change the government's relationship with commercial software providers by permitting direct claims, even in third-party purchase situations, say Dan Ramish and Zach Prince at Haynes Boone.

  • Payment Provision Lessons From NJ Construction Ruling

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    A New Jersey appellate court's decision in Bil-Jim v. Wyncrest, holding that an American Institute of Architects contract was not an installment contract, highlights both the complexities of statute of limitations calculations and the significant consequences that can arise from minor differences in contract language, say Mitchell Taraschi and Zac Brower at Connell Foley.

  • The Fed. Circ. In February: A Reminder On Procedure Rule 28

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    Because the Federal Circuit does not often issue a sua sponte precedential order emphasizing an important rule of practice, it is useful to look at how the court applied the restrictions of appellate procedure Rule 28 in Promptu v. Comcast last month, and in cases that preceded it, say Jeremiah Helm and Sean Murray at Knobbe Martens.

  • SC Ruling Reinforces All Sums Coverage Trend

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    A South Carolina state court's recent ruling in Covil v. Pennsylvania National is the latest in a series of decisions, dating back to the 2016 New York Court of Appeals ruling in Viking Pump, that reject insurers' pro rata allocation argument, further supporting that all sums coverage is required whenever a loss could be covered under a policy in any other year, say Raymond Mascia and Thomas Dupont at Anderson Kill.

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