The U.S. Supreme Court on Monday denied President Donald Trump's request to rehear his challenge to a $5 million verdict finding he sexually abused writer E. Jean Carroll.
Law360
Appellate
TUESDAY, AUGUST 18, 2026 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

Justices Again Deny Review Of $5M Carroll Verdict

By Cara Salvatore

The U.S. Supreme Court on Monday denied President Donald Trump's request to rehear his challenge to a $5 million verdict finding he sexually abused writer E. Jean Carroll.

Order List attached | Read full article » | Save to favorites »

Chattah Can't Serve As Acting Nevada US Atty, 9th Circ. Says

By Emma Cueto

The Ninth Circuit on Monday upheld a lower court ruling that Nevada's top prosecutor was not put in place lawfully and was barred from overseeing the criminal cases giving rise to the appeal, the latest state where courts have shut down attempts by the Trump administration to fill U.S. attorney vacancies without Senate confirmation.

Opinion attached | Read full article » | Save to favorites »

Justices Asked To Ban Ten Commandments In Texas Schools

By Katie Buehler

Two dozen families on Monday urged the U.S. Supreme Court to overturn the Fifth Circuit's decision allowing Texas to require public schools to display copies of the Ten Commandments in classrooms, arguing the decision "egregiously" ignores several of the high court's religious freedom precedents.

Petition attached | Read full article » | Save to favorites »

Happy Egg Breaks 'Pasture Raised' False Ad Class At 9th Circ.

By Lauren Berg

The Ninth Circuit on Monday threw out class certification of California and New York consumers accusing the company behind the Happy Egg brand of deceptively labeling egg cartons with promises that its hens are "pasture raised on over 8 acres."

Opinion attached | Read full article » | Save to favorites »

2nd Circ. Says Public Can Film Police And Their Stations

By Brian Steele

The Second Circuit said Monday it has joined "a growing chorus of our sister circuits" in finding a constitutional right to record law enforcement activity in public, as well as police buildings, but still turned away a self-described First Amendment auditor's lawsuit over his arrest while filming the exterior of a Connecticut police station.

Opinion attached | Read full article » | Save to favorites »

SUPREME COURT

Justices Won't Reconsider Verizon's $47M FCC Fine

By Nadia Dreid

The U.S. Supreme Court is not interested in reconsidering how it worded its June opinion upholding the Federal Communications Commission's authority to issue monetary penalties, despite Verizon arguing that the ruling left it between a rock and a hard place concerning the $47 million fine it already paid.

2 documents attached | Read full article » | Save to favorites »

FEDERAL CIRCUIT

Moderna, Arbutus Clash On Gov't Venue For Vax IP Claims

By Dani Kass

Moderna Inc. has accused Arbutus Biopharma Corp. of turning a government contractor indemnification law "upside down" by arguing the COVID-19 vaccine supplier must face infringement litigation, while Arbutus says the government is wielding that relationship to dodge liability in two separate courts.

2 documents attached | Read full article » | Save to favorites »

Medtech Group Faults Fed. Circ. Trade Secret Timing Rule

By Ivan Moreno

A medical technology trade group and a University of Texas law professor are urging the full Federal Circuit to revisit a decision that wiped out Insulet Corp.'s trade secret win against EOFlow Co. Ltd. after finding the suit untimely, reversing a $452 million jury verdict that had been reduced to $59.4 million.

3 documents attached | Read full article » | Save to favorites »

USPTO Backs Double Patent Policy Squires Wants Reviewed

By Ryan Davis

The U.S. Patent and Trademark Office has urged the Federal Circuit to uphold the rejection of a Sanofi patent application for double patenting, days after USPTO Director John Squires said in a separate case that the policy rationale underlying both disputes should be reconsidered.

3 documents attached | Read full article » | Save to favorites »

FIRST CIRCUIT

Biotech Asks 1st Circ. To Undo Red Cross Antitrust Immunity

By Bryan Koenig

A biotech firm asked the First Circuit on Friday to undo a district court decision granting the American Red Cross immunity from antitrust allegations, arguing the blood donation giant was wrongly deemed an "instrumentality" of the U.S. government even though it functions as an independent corporation.

Brief attached | Read full article » | Save to favorites »

SECOND CIRCUIT

Kalshi Loses Bid To Block Conn. Enforcement

By Katryna Perera

A Connecticut federal judge has denied a bid from KalshiEX to keep offering sports contracts while it pursues an appeal before the Second Circuit, finding the prediction market's arguments for a stay had already been rejected by the court and that it has not shown it is likely to win on appeal.

2 documents attached | Read full article » | Save to favorites »

FOURTH CIRCUIT

4th Circ. Says Waiver Applicants Aren't Shielded From ICE

By Ganesh Setty

Federal immigration regulations do not prevent the government from deporting an unlawfully present noncitizen who is married to a U.S. citizen and is seeking to avoid being statutorily barred from reentering the country amid the green card process, the Fourth Circuit ruled.

Opinion attached | Read full article » | Save to favorites »

SIXTH CIRCUIT

Unfair Jury Instructions Challenged Too Late, 6th Circ. Says

By Kia Fatahi

An Ohio man convicted of hiring two hitmen to kill a man for stealing hundreds of thousands of dollars in cash and jewelry from him cannot challenge his "almost certainly" unconstitutional mandatory life sentence, because he waited far too long to raise the matter, the Sixth Circuit said Friday.

Opinion attached | Read full article » | Save to favorites »

SEVENTH CIRCUIT

7th Circ. Reverses Alcoa Union Retirees' Lifetime Benefits Win

By Kellie Mejdrich

The Seventh Circuit reversed an Indiana federal court's decision holding that certain union retirees of aluminum giant Alcoa and their beneficiaries had a vested right to health benefits for life, finding error with the lower court's judicial estoppel analysis that formed the basis for its judgment on liability.

Opinion attached | Read full article » | Save to favorites »

NINTH CIRCUIT

9th Circ. Says Statute Mandates Central Valley Contract Switch

By Tom Lotshaw

A Ninth Circuit panel on Monday ruled the U.S. Bureau of Reclamation had no duty to complete environmental reviews before it converted dozens of water service contracts for the Central Valley Project in California in a process intended to help fund storage improvements.

Opinion attached | Read full article » | Save to favorites »

TENTH CIRCUIT

10th Circ. Skeptical Of Gov't In Rwandan Refugee Appeal

By Zach Dupont

The Tenth Circuit on Monday pushed back against the U.S. government's contention that a Rwandan woman can't seek judicial review of its decision to terminate her refugee status during a rehearing of the woman's challenge of the termination. 

Read full article » | Save to favorites »

10th Circ. Won't Rehear Okla. Death Row Gender Bias Claim

By Parker Quinlan

The Tenth Circuit will not reconsider its decision upholding convicted murderer Brenda Andrew's death sentence after the U.S. Supreme Court revived her claim that the use of sexualized and gender-stereotyped evidence at trial violated her constitutional rights.

Order attached | Read full article » | Save to favorites »

ELEVENTH CIRCUIT

11th Circ. Revives Royal Caribbean 401(k) Fund Suit

By Kellie Mejdrich

The Eleventh Circuit reversed a win on Monday for Royal Caribbean in a suit from cruise ship workers who alleged they lost 401(k) savings because of shoddy target-date investment funds, holding that a lower court erred in handing the cruise company an early win in a challenge to the prudence of their investment management.

Opinion attached | Read full article » | Save to favorites »

Attorneys Skeptical Of Trump's 11th Circ. Appeal Of IRS Case

By Asha Glover

Six attorneys who weighed in on President Donald Trump's $10 billion suit against the Internal Revenue Service told a Florida federal court Monday that he hasn't demonstrated that he will prove that its ruling that the settlement from the suit lacked a legitimate controversy violated due process.

3 documents attached | Read full article » | Save to favorites »

CONNECTICUT

Conn. Justices Wonder If Murder Witness Had A Deal

By Parker Quinlan

A divided Connecticut Supreme Court has ruled that it needs more information before it can decide whether to grant a man's habeas corpus petition that argues prosecutors in his murder case misled a jury about a key witness's leniency agreement.

2 documents attached | Read full article » | Save to favorites »

NEW JERSEY

NJ Justices Let Murder Defendant Undo Global Guilty Plea

By Brandon Lowrey

The New Jersey Supreme Court on Monday ruled a defendant in separate felony murder and armed robbery cases must be allowed to withdraw his global guilty plea after evidence used in both cases was suppressed on appeal.

Opinion attached | Read full article » | Save to favorites »

NORTH CAROLINA

NC Gov. Nixes GOP Bill To Let Chief Justice Suspend Judges

By Hayley Fowler

North Carolina Gov. Josh Stein on Monday vetoed a bill that would allow the chief justice to suspend trial court judges under investigation by the Tar Heel State's judicial watchdog, criticizing lawmakers as "playing politics" with the judiciary.

1 document attached | Read full article » | Save to favorites »

NC Court Won't Revisit Pot-Smell Basis For Car Search

By Sam Reisman

The North Carolina Supreme Court has again affirmed that the smell of cannabis can serve as the basis of a police search, noting that the court had already weighed in on the issue in a similar case earlier this year.

Order attached | Read full article » | Save to favorites »

GEORGIA

Georgia DA Wants A Say In Trump Election Case Fee Battle

By Rose Krebs

Fulton County District Attorney Fani Willis is urging a Georgia appellate court to undo an order blocking her from intervening in a bid by President Donald Trump and others to recoup $16 million in legal fees in a dismissed election interference case, saying her office has a significant financial interest at stake.

Brief attached | Read full article » | Save to favorites »

MASSACHUSETTS

Mass. Justices Reject Injured Roofer's Negligent Hiring Suit

By Y. Peter Kang

Massachusetts' top court said Monday that state law does not recognize a negligent hiring claim when it is lodged by a subcontractor's worker against the general contractor and tossed a suit seeking to hold the contractor liable for a roofer's nearly fatal fall.

Opinion attached | Read full article » | Save to favorites »

MICHIGAN

Mich. Homeowner Qualifies For Exemption, Court Rules

By Jaqueline McCool

A Michigan homeowner who lived in the state while her husband lived in Washington state is eligible for a principal residence exemption despite filing a nonresident return for one year, a panel of the Michigan Appeals Court ruled. 

2 documents attached | Read full article » | Save to favorites »

Mich. Panel Says Notice Rule Doesn't Bar Workers' Bias Suit

By Melanie Dorsey

A Michigan appellate panel has refused to dismiss sex discrimination, hostile work environment and retaliation claims by Wayne County Community College District police employees, ruling that the college is a local political subdivision and not subject to the Court of Claims Act's notice requirement.

Opinion attached | Read full article » | Save to favorites »

AGENCIES

Experts See Looming Legal Disputes Over FCC Party Balance

By Christopher Cole

The U.S. Supreme Court's recent decision to ditch case law shielding independent federal agency members from presidential removal is unlikely to resolve ongoing controversy over White House control of the Federal Communications Commission, experts said Monday.

Read full article » | Save to favorites »

BANKRUPTCY

Rebel Creamery Hits Ch. 11 After $24M Loss To Van Leeuwen

By Alex Wittenberg

Ice cream company Rebel Creamery has filed for Chapter 11 protection in Utah bankruptcy court with about $24 million in debt, one month after losing a trademark lawsuit brought by rival Van Leeuwen.

2 documents attached | Read full article » | Save to favorites »

EXPERT ANALYSIS

7th Circ. Ruling May Reduce Litigation Risk For Text Marketers

The recent Seventh Circuit holding in Steidinger v. Blackstone Medical Services that unwanted marketing text messages are not telephone calls under the Telephone Consumer Protection Act may strengthen companies' responses to presuit demand letters and early-stage litigation claims premised on do-not-call text theories, say attorneys at Holland & Knight.

Opinion attached | Read full article » | Save to favorites »

Whiskey Business: Parsing The 9th Circ. Jack Daniel's IP Toss

The Ninth Circuit's recent ruling in VIP Products v. Jack Daniel's, holding a toy did not tarnish the whiskey maker's trademarks, gives fact-finders great latitude by showing that there may exist no categories of per se tarnishing content, says attorney Sara Gold.

2 documents attached | Read full article » | Save to favorites »

Calif. Justices' Ruling Reshapes Midcase Appeal Strategy

The California Supreme Court's recent decision in Maniago v. Desert Cardiology Consultants holds that voluntary dismissal cannot be used as a shortcut to appellate review of interlocutory orders, resolving a long-running appellate split and pushing litigants to use alternative procedural tools, says Josh Patashnik at Ashurst Perkins Coie.

Opinion attached | Read full article » | Save to favorites »

How Calif. Ruling Defines Drug Cos.' R&D Responsibilities

The California Supreme Court's recent ruling in the Gilead Tenofovir Cases, which held that drugmakers have no duty to bring allegedly safer alternatives to market more quickly, is a win for pharmaceutical companies — but not a grant of blanket immunity for all early-stage drug development decisions, say attorneys at King & Spalding.

Opinion attached | Read full article » | Save to favorites »

LEGAL INDUSTRY

Law Firms See Revenue, Demand Grow In First Half Of 2026

By Anna Sanders

Despite rising expenses driven by artificial intelligence and return to office mandates, the legal industry is performing well in 2026, with U.S. law firms recording a double-digit jump in revenue and strong growth in demand so far this year, according to new survey results from Citi Global Wealth at Work's Law Firm Group.

Read full article » | Save to favorites »

Morgan & Morgan Sues Fla. Bar Over Celebrity Ad Ban

By Carolina Bolado

Personal injury giant Morgan & Morgan PA has sued the Florida Bar, claiming a bar rule that bans any use of a celebrity's voice or image in lawyer advertising violates the First Amendment.

Complaint attached | Read full article » | Save to favorites »

3 NY Injury Firms Get Uber's RICO Suit Tossed

By Lauren Berg

A New York federal judge threw out Uber Technologies Inc.'s lawsuit accusing three personal injury law firms of conspiring with physicians and exploiting passengers to pursue fake or exaggerated injury claims in order to strongarm settlement payouts from the ride-hailing giant.

2 documents attached | Read full article » | Save to favorites »

Nussbaum-Linked Firms' Ch. 11s Tossed For Bad Faith

By Ben Zigterman

A New York bankruptcy judge has dismissed the Chapter 11 cases of two commercial real estate law firms headed by Mark J. Nussbaum, finding their petitions were filed in bad faith and that the cases instead belonged in an assignment for the benefit of creditors process in New York state court.

Decision attached | Read full article » | Save to favorites »

Clifford Chance Pushes To Send Clawback Suit To Arbitration

By Ryan Boysen

Clifford Chance LLP wants a high-profile partner pay dispute sent to arbitration, accusing two ex-partners who claim they're facing a $6 million clawback demand of "gamesmanship" by filing suit in New York federal court.

Memorandum attached | Read full article » | Save to favorites »

NYCBA Cautions Against Recording Nonclient Calls

By Emily Sawicki

New York City attorneys who have been granted permission may ethically use artificial intelligence to record, transcribe and summarize conversations with nonclients, according to the latest ethics guidance by the New York City Bar Association Monday, which added that just because they can doesn't mean they should.

Opinion attached | Read full article » | Save to favorites »

dark blue promo that reads 2026 Rising Stars gray blue promo that reads Law360 Pulse Lawyer Satisfaction Survey

LAW FIRMS IN TODAY'S NEWS

Aidala Bertuna

Allen Law Group

Anderson Kill

Ashurst Perkins

Bradley Arant

Brito PLLC

Brown Goldstein

Caldwell Carlson

Carlton Fields

Clifford Chance

Cooley LLP

DLA Piper

Davis Polk

Debevoise & Plimpton

Duane Morris

Feinstein Doyle

Garland Samuel & Loeb

Gibson Dunn

Gold IP Law

Goodwin Procter

Griffin Durham

Groom Law Group

Gupta Wessler

Harding Law Firm LLC

Holland & Knight

Jenner & Block

Jones Day

Kellogg Hansen

King & Spalding

Kirkland & Ellis

Kobre & Kim

Latham & Watkins

Lavelle Law Firm

McCarter & English

McCurdy Laud

Meunier Carlin

Milbank LLP

MoloLamken

Morgan & Morgan PA

Morrison & Foerster

Munger Tolles

Nichols Kaster

Niemeyer Grebel

Nussbaum Lowinger

Oles Law Group

Paul Hastings

Pierson Law LLC

Potter DeAgostino

Proskauer Rose

Quinn Emanuel

Ray Quinney

Runyan Law Group

Selendy Gay

Sidley Austin

Simon & Simon PC

Simpson Thacher & Bartlett

Smith Gambrell

Spencer Fane

Stowell Crayk

Venable LLP

Wand Law Firm

Wenzel Fenton

Williams & Connolly

Wingate Russotti

COMPANIES IN TODAY'S NEWS

7-Eleven Inc.

AT&T Inc.

Ablynx NV

AdvaMed

Alcoa Corp.

American Civil Liberties Union

American Civil Liberties Union of Maryland

American Civil Liberties Union of Texas

American Federation of Labor & Congress of Industrial Organizations

American Red Cross

Arbutus Biopharma Corp.

Center for Biological Diversity Inc.

Cerus Corp.

Chevron Corp.

Coinbase Global Inc.

FedEx Corp.

George Washington University

Insulet Corp.

Insulet Corporation

Jack Daniel's Properties Inc.

Mariani Co.

McKesson Corp.

Meta Platforms Inc.

Middle Tennessee Electric Membership Corp.

Moderna Inc.

New York City Bar Association

Nike Inc.

Otis Worldwide Corp.

Phillips Black Inc

Royal Caribbean Cruises Ltd.

Russell Investments Group LLC

Sanofi

T-Mobile US Inc.

The Florida Bar

The Western Union Co.

Trump Organization Inc.

Uber Technologies Inc.

United Steelworkers

Verax Biomedical Inc.

Verizon Communications Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Bureau of Reclamation

California Department of Justice

California Supreme Court

Commodity Futures Trading Commission

Connecticut Attorney General's Office

Federal Communications Commission

Federal Reserve System

Federal Trade Commission

Florida Supreme Court

Food and Drug Administration

Georgia Court of Appeals

Internal Revenue Service

Massachusetts Supreme Judicial Court

Michigan Department of Treasury

Michigan Supreme Court

New Jersey Office of the Public Defender

New Jersey Supreme Court

North Carolina Department of Justice

North Carolina General Assembly

Oklahoma Attorney General's Office

Oklahoma Court of Criminal Appeals

Patent Trial and Appeal Board

Superior Court of Fulton County

Tennessee Valley Authority

Texas Attorney General's Office

Texas State Senate

U.S. Attorney's Office for the District of Nevada

U.S. Attorney's Office for the Eastern District of Michigan

U.S. Bankruptcy Court for the District of Utah

U.S. Bankruptcy Court for the Southern District of New York

U.S. Citizenship and Immigration Services

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the First Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Tenth Circuit

U.S. Department of Agriculture

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. District Court for the District of Arizona

U.S. District Court for the District of Connecticut

U.S. District Court for the District of Massachusetts

U.S. District Court for the Eastern District of New York

U.S. District Court for the Northern District of Florida

U.S. District Court for the Southern District of Florida

U.S. District Court for the Southern District of New York

U.S. Patent and Trademark Office

U.S. Postal Service

U.S. Securities and Exchange Commission

U.S. Supreme Court

United States District Court for the District of Nevada