Appellate

  • April 05, 2024

    Fed. Circ. Says Sumitomo's Expired Drug Patent Moots Appeal

    The U.S. Patent and Trademark Office received a win on Friday when the Federal Circuit found that since Sumitomo Pharma's patent on a dosage regimen for a schizophrenia drug expired just before the appeals court heard oral arguments, the company's appeal of a decision invalidating all the claims is moot.

  • April 05, 2024

    Mich. Panel Rejects 'Fees For Fees' In Contractor's FOIA Bid

    A split Michigan state appeals court has refused to top attorney fees a construction contractor won against a county-level road agency that the contractor accused of failing to disclose certain hiring information, with the court finding the fees to be limited because the contractor dragged out litigation.

  • April 05, 2024

    Judge Newman Pushes To Keep Suit Over Suspension Intact

    U.S. Circuit Judge Pauline Newman urged a D.C. federal judge Friday to let her pursue a constitutional challenge to the law under which she has been suspended, and to reject her colleagues' contention that her case does not pass legal muster.

  • April 05, 2024

    DC Circ. Says DOJ Can Reopen Realtor Antitrust Probe

    The D.C. Circuit said on Friday that the U.S. Department of Justice can reopen an antitrust investigation into the National Association of Realtors, despite an earlier agency settlement over the association's rules.

  • April 05, 2024

    Mich. Plaintiffs Bar Prepares For Growth After Policy Shifts

    After decades of the deck stacked against them, Michigan's plaintiffs attorneys are poised to take advantage of a more hospitable environment for personal injury cases and pharmaceutical class actions, though experts caution the learning curve will be steep.

  • April 05, 2024

    Flat-Fee Representation Fuels Man's Bid To Avoid Execution

    As his execution date approaches on April 9, Brian Joseph Dorsey, who was sentenced to death for first-degree murder in Missouri, has asked the U.S. Supreme Court to find that his trial attorneys' flat-flee contracts resulted in inadequate legal representation that has left him doomed to die.

  • April 05, 2024

    Shelter Network Fights Public Camping Ban At High Court

    A network of more than 200 women's and family shelters told the U.S. Supreme Court that an Oregon city's prohibition on camping in public spaces subjects involuntarily homeless women and children — who are often put in that position due to gender-based violence — to further potential harm.

  • April 05, 2024

    Gunmakers Denied Stay In Mexico Lawsuit

    Gunmakers hoping to get the U.S. Supreme Court to take up their effort to end a lawsuit by the Mexican government seeking to hold them liable for arming drug cartels can't make an end run around the First Circuit to pause the case while they wait, a Massachusetts district judge said on Friday.

  • April 05, 2024

    5th Circ. Reels Back Banks' Late-Fee Rule Suit To Texas

    The Fifth Circuit on Friday ordered a return to Texas for a bank industry-backed legal challenge to the Consumer Financial Protection Bureau's $8 credit card late fee standard, throwing out a Texas federal judge's decision to send the case to D.C. federal court.

  • April 05, 2024

    Fed. Circ. Upholds Australian Steel Import Pricing

    A Federal Circuit panel has backed the U.S. Department of Commerce and a trade court's assessment of the prices an Australian steel company charged its U.S. customer, holding that the companies provided enough of a paper trail to explain their relationship.

  • April 05, 2024

    Conn. Court Limits Payouts For Underinsured Motorist Policies

    Siding with Safeco Insurance Co. and overturning a lower court's calculations, the Connecticut Appellate Court on Friday cemented the insurance industry's ability to escape underinsured motorist claims by injured policyholders whose coverage equals that of drivers at fault, even when at-fault drivers' insurers divvy up smaller payments.

  • April 05, 2024

    11th Circ. Upholds College's Win In Student's Disability Suit

    The Eleventh Circuit on Thursday upheld Morehouse School of Medicine's win in a former student's suit claiming it failed to accommodate his disability by providing inadequate note-taking services, ruling that the Georgia federal court made no error in finding that the school had provided adequate accommodations.

  • April 05, 2024

    NJ County Clerks Drop Appeal In Election Ballot Lawsuit

    New Jersey county clerks have dropped their appeals of a federal order barring the use of the longstanding but controversial "county line" ballot design in the upcoming Democratic primary election, leaving just one county political organization challenging the order.

  • April 05, 2024

    Pa. Supreme Court Snapshot: COVID Coverage Starts Spring

    The Pennsylvania Supreme Court's April lineup will prepare the justices to deliver highly anticipated guidance on whether business losses stemming COVID-19 pandemic orders should be covered by insurance and if Pittsburgh can compel rental-property owners to register and undergo training.

  • April 05, 2024

    SXSW Insurer Asks 5th Circ. To Rethink Coverage Ruling

    The insurer of Texas music festival South by Southwest has asked a Fifth Circuit panel to rehear its case seeking to avoid covering a class action by ticket holders who didn't get refunds when the event was canceled due to the COVID-19 pandemic in 2020.

  • April 05, 2024

    5th Circ. Won't Revive Michaels Fall Case After Footage Row

    Craft supply store Michaels will not need to face a customer's slip-and-fall lawsuit after a Fifth Circuit Court of Appeals panel ruled Thursday that the customer was unable to prove how long a floor at a Slidell, La., location had been wet before the slip occurred.

  • April 05, 2024

    GM Not Liable For Ditching Supplier, Mich. Panel Says

    General Motors did not break promises to a now-defunct supplier by signing a deal with a competitor while an exclusive supply contract was still in effect, a Michigan appellate panel has found.

  • April 05, 2024

    FedEx Must Face Suit Over Customer's Storefront Crash Injury

    A California state appeals court has revived a customer's claims against Fedex Office and Print Services Inc. and a building owner over injuries he said he suffered when a car drove into the store, finding that the trial court wrongly decided the case on the pleadings.

  • April 05, 2024

    Sprint's $4.5M Nextel Trademark Win Upheld At 11th Circ.

    Sprint Communications Inc. maintained a trademark on its line of walkie-talkie devices and deserved a $4.5 million jury award against an imitator for its unlawful use of the device name and distinctive "chirp" noise, according to an Eleventh Circuit panel ruling.

  • April 05, 2024

    Mo. High Court Affirms Co.'s Medical Pot License Denial

    The Missouri Supreme Court affirmed the denial of a company's application for a medical marijuana cultivation facility license, finding that its submission missed the mark by not including a certificate of good standing from the secretary of state.

  • April 05, 2024

    Attys Ask 2nd Circ. To Affirm Ruling In Psychiatry Prof's Death

    Attorneys cleared of any wrongdoing in New York federal court in the death of renowned psychiatry professor Judith Brook in their capacity as court-appointed temporary guardians urged the Second Circuit this week to affirm a lower court's holding that temporary guardians are not state actors subject to federal jurisdiction.

  • April 05, 2024

    Texas Justices Reverse Course In Atty Sex Tape Dispute

    The state's high court on Friday backpedaled on an earlier decision declining to intervene in a dispute between a woman and a Houston attorney she is suing over a video she says may contain child sexual abuse, agreeing to rehear her bid for relief from a court order governing the video.

  • April 05, 2024

    NC High Court Snapshot: Law Firm Battles Defamation Suit

    The Supreme Court of North Carolina has a stacked calendar heading into spring arguments, from an appeal over Black-owned properties targeted for demolition to a law firm's attempt at dodging defamation claims over allegations of voter fraud.

  • April 05, 2024

    5th Circ. Won't Touch Texas Oil Export Terminal License

    The Fifth Circuit has rejected environmentalists' attempt to undo federal approval for a deepwater oil export terminal off Texas' Gulf Coast, finding the U.S. Coast Guard adequately considered the environmental consequences of the facility in its environmental assessment.

  • April 05, 2024

    Justices Urged To Mull Hezbollah-Tied Bank's Immunity 'Now'

    U.S. victims of terrorist attacks in Iraq warned the U.S. Supreme Court that forgoing review on whether a defunct Lebanese bank can claim sovereign immunity from allegations the bank funded Hezbollah would have negative implications on disputes involving foreign trade.

Expert Analysis

  • After TikTok, Tiptoeing Toward Patent Transfer Alignment

    Author Photo

    Following the Fifth Circuit's TikTok decision, which aimed to standardize transfer analysis in patent cases, the Federal Circuit and Texas federal courts facing transfer requests have taken small steps to consider the practical realities of patent litigation, reinforcing the intensely factual focus of the analysis, says Charles Fowler at McKool Smith.

  • Mitigating Whistleblower Risks After High Court UBS Ruling

    Author Photo

    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

    Author Photo

    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.

  • Perspectives

    Justices' Double Jeopardy Ruling Preserves Acquittal Sanctity

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

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!