Appellate

  • July 09, 2026

    10th Circ. Won't Revive Bias Claims Against Kansas Judge

    A Kansas court clerk was unable to revive her gender discrimination suit against a state court judge after the Tenth Circuit on Thursday affirmed the lower court's decision to grant Kansas summary judgment on the woman's claims.

  • July 09, 2026

    Colo. Panel Says EFAA Covers Bartender's Retaliation Claim

    A Denver strip club can't arbitrate a former bartender's claim that she was fired for lodging a lawsuit alleging a supervisor sent her unwanted messages, with a Colorado appeals court ruling Thursday that federal law barring arbitration of sexual harassment allegations applied to her entire case.

  • July 09, 2026

    Fla. Justices Shield State Atty Candidate's Speech In Bar Case

    The Florida Supreme Court on Thursday declined to punish a Georgia lawyer accused of disparaging an opponent while running for a state attorney position, saying a Florida Bar rule invoked against him is unconstitutional because it imposed "content-based" restrictions on his speech. 

  • July 09, 2026

    4th Circ. Rebuffs Tax Attys' Request To Rethink Convictions

    The Fourth Circuit will not rethink its decision last month affirming the convictions of two St. Louis attorneys accused of engineering a $22 million tax avoidance scheme.

  • July 09, 2026

    Ex-Wis. Judge Appeals Conviction In ICE Obstruction Case

    A former Wisconsin state judge convicted of obstructing immigration authorities trying to arrest a defendant after he appeared in her courtroom lodged an appeal before the Seventh Circuit on Thursday, after avoiding a prison sentence but being fined $5,000.

  • July 08, 2026

    2nd Circ. Says Salvadoran Prison Conditions Were Overlooked

    The Second Circuit on Wednesday said an immigration judge failed to consider the possible abuse a man fighting deportation could face in El Salvadoran prisons because of inhumane conditions and human rights abuses.

  • July 08, 2026

    Conn. Justices Grant New Murder Trial Over Bad Jury Warning

    The Connecticut Supreme Court on Wednesday ruled that a man convicted of shooting his friend in the head inside an abandoned warehouse deserves a new trial because a needed jury instruction wasn't given in his original trial.

  • July 08, 2026

    9th Circ. Revives Whirlpool Dishwasher Warranty Class Action

    The Ninth Circuit has revived a Washington retiree's lawsuit accusing Whirlpool Corp. and an insurer of deceptively marketing a service plan as providing repairs or replacements for her dishwasher when the fine print allowed them to instead buy the appliance at a depreciated price, leaving her without enough money to replace it.

  • July 08, 2026

    5th Circ. Bars Appeal In Child Sex Abuse Material Case

    A man who pled guilty to transporting child sex abuse material and was sentenced to 20 years in prison cannot challenge his sentence or a $17,500 restitution order, since he waived his right to appeal, the Fifth Circuit said Tuesday.

  • July 08, 2026

    US To Pay Anchorage $180M To End 12-Year Port Upgrade Suit

    The federal government will pay $180 million to the city of Anchorage, Alaska, to settle the municipality's more than decade-old lawsuit accusing the U.S. Maritime Administration of breaching contractual agreements related to a failed Port of Alaska expansion and upgrade project, the parties have announced.

  • July 08, 2026

    Top 5 Immigration Court Rulings Of 2026: Midyear Report

    President Donald Trump's immigration agenda has largely prevailed in federal courts so far this year, with one glaring exception: when the U.S. Supreme Court struck down his birthright citizenship executive order as unconstitutional. Here, Law360 examines five of the year's most significant decisions in immigration litigation so far.

  • July 08, 2026

    Top Personal Injury, Med Mal News: 2026 Midyear Report

    A landmark social media addiction verdict and a U.S. Supreme Court decision overruling state law claims against Monsanto over the labeling of alleged Roundup cancer risks are among Law360's top personal injury and medical malpractice cases from the first six months of 2026.

  • July 08, 2026

    3rd Circ. Wonders If Pipeline Approval Passed CWA Muster

    The Third Circuit on Wednesday pressed New Jersey's environmental regulator to show that the revived Northeast Supply Enhancement pipeline plan complied with the Clean Water Act, considering it lacked details about how state water quality standards would be monitored.

  • July 08, 2026

    Split 3rd Circ. Revives UPMC Doc's Suit Over Anti-DEI Article

    The Third Circuit partly revived a University of Pittsburgh Medical Center cardiologist's lawsuit over the professional backlash he faced for publishing an article criticizing race-based "affirmative action" in choosing medical students, with the court majority calling his bosses' reaction a defamatory "hit job."

  • July 08, 2026

    9th Circ. Says Netflix Harassment Suit Belongs In Arbitration

    A former Netflix employee must arbitrate her lawsuit alleging the streaming giant fired her for raising concerns about its sexually charged office environment, with the Ninth Circuit ruling Wednesday that her dispute began before a law banning mandatory arbitration of sexual harassment claims took effect.

  • July 08, 2026

    Sam Smith Says Song IP Suit Fails Without Proof Of Access

    Pop singers Sam Smith and Normani and their record labels are seeking a favorable ruling in a suit claiming the 2019 song "Dancing With a Stranger" was copied from an older song with a similar name, saying that song's authors were unable to show how the defendants accessed it.

  • July 08, 2026

    Trump's $5M Loss Ordered To Be Paid Out To E. Jean Carroll

    It's time for President Donald Trump to pay a $5 million jury verdict finding he sexually abused writer E. Jean Carroll in a department store dressing room, a New York federal judge ruled on Wednesday, after the U.S. Supreme Court refused to take up the case.

  • July 08, 2026

    Mich. Justices Void LSD User's Rape Confession, Order Retrial

    The Michigan Supreme Court has granted a new trial to a man convicted of sexually assaulting his friend while on LSD, saying jurors should not have heard testimony that the defendant confessed while he was still confused and intoxicated.

  • July 08, 2026

    Authors Must Wait To Appeal Meta AI Order In 'Tidy Package'

    Authors suing Meta Platforms Inc. will have to wait to appeal a judge's order that the tech giant's use of their works to train its Llama large language model was fair use, as the judge decided Wednesday to wait until the issue can be presented along with other cases in a "tidy package."

  • July 08, 2026

    Energy Litigation To Watch In The 2nd Half Of 2026

    The energy litigation landscape for the rest of 2026 features high-profile lawsuits over climate change, including a potential moment of truth for climate tort litigation, as well as challenges to Trump administration efforts to boost fossil fuel development. Here are several energy-related lawsuits on attorneys' radar for the second half of the year.

  • July 08, 2026

    Immigration Board Rejects Asylum Tied To Conscription

    The Board of Immigration Appeals said a fear of conscription alone was not enough to establish that a Russian man was a refugee facing persecution in his home country, overturning an immigration judge's decision that granted him asylum.

  • July 08, 2026

    11th Circ. Says Classic Car Coverage Limitations Are Valid

    A specialty auto policy limiting uninsured motorist coverage to accidents that occur in a covered classic car is enforceable under Alabama law because it operates in tandem with a standard auto policy that satisfies statutory coverage requirements, the Eleventh Circuit ruled on Wednesday.

  • July 08, 2026

    1st Circ. Backs Gov't Probe Of Sex Offender's File Sharing

    The First Circuit said a Massachusetts man convicted of possessing child sexual abuse material did not have a reasonable expectation of privacy in his activity on an anonymous peer-to-peer file-sharing network, affirming a district court's ruling.

  • July 08, 2026

    5th Circ. Says Green Groups Lack Standing In LNG Fight

    A new Fifth Circuit ruling declining to review a case brought by environmental groups for lack of standing has paved the way for a deepwater liquefied natural gas project, the U.S. Department of Justice said on Wednesday.

  • July 08, 2026

    Day Pitney Can't Be Cut Off From New Counsel, Client Says

    A former Connecticut chief justice's ethics gaffe cannot preclude fellow lawyers at Day Pitney LLP from communicating with new counsel for John B. Clinton, a private equity management firm owner locked in a 13-year-old, $1.3 million corporate windup lawsuit, Clinton has urged a Connecticut state court judge to conclude.

Expert Analysis

  • The Paradoxical Duty To Adopt AI When You Can't Bill For It

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    Both billing for hours saved using artificial intelligence and preserving billable time by not adopting AI may violate rules of professional conduct, but until bar associations' ethics rules catch up to this emerging economic dilemma, firms must decide how to adjust fee structures themselves, says Ines Lassalle at Peyrot & Associates.

  • 4 Emerging Limits Of Employer Mental Health Notice Defense

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    A California appeals court's recent decision in Husband v. Target, addressing when an employer knows about an employee's undisclosed disability, leaves open questions about how changes in mental health awareness and workforce monitoring tools may raise the bar for what employers can claim not to know, says Benjamin Heller at RFZ Law.

  • Raptors Ruling Shows Risks Of Calif. Enviro Suit Intervention

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    Intervention in California environmental litigation can allow businesses to help defend agency approvals, but after a state appeals court's recent ruling in Raptors Are the Solution v. CropLife America, it is clear that intervention also carries a price — and that courts will hold parties accountable for the full arc of their litigation conduct, says Thierry Montoya at FBT Gibbons.

  • A Decade Later, Escobar Is Still Shaping FCA Cases

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    The U.S. Supreme Court's decision 10 years ago in Universal Health Services v. U.S. ex rel. Escobar changed the way in which lower courts evaluate False Claims Act cases — and the ruling remains vital in nearly every FCA case filed today, say attorneys at Bradley Arant.

  • Sripetch May Prove To Be An Empty Victory For The SEC

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    The U.S. Supreme Court's recent decision in Sripetch v. U.S. Securities and Exchange Commission held that the SEC need not prove pecuniary harm for disgorgement, but if the commission must still identify victims and distribute funds in a compensatory way, it faces the same economic problem as before the ruling, says Erin Smith at Compass Lexecon.

  • 9th Circ. Cooler Ruling Chills 1st Mover Lanham Act Claims

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    The Ninth Circuit's recent decision in Vericool World v. Igloo Products that Vericool's claim of being first-to-market with an ecocooler was not actionable under the Lanham Act largely foreclosed false advertising litigation over first mover status, so potential plaintiffs should instead look to patent counseling or intellectual property strategy for these claims, say attorneys at Manatt.

  • Mapping 5 Fronts Of The Prediction Markets Regulatory Battle

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    The legal framework governing prediction markets is under simultaneous challenge in five independent areas, and the outcomes will determine not just who can operate prediction markets, but the compliance obligations of every participant in the ecosystem, says Ivor Wolk at Manatt.

  • Patent Ruling Highlights Risks Of Late Inventorship Fixes

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    The Federal Circuit's recent decision in Implicit v. Sonos demonstrates the risk of forfeiture with retroactive correction of inventorship in inter partes review proceedings, with a clear message to the patent community that potential inventorship issues should be considered at every stage of a patent's life cycle, say attorneys at BCLP.

  • Adjusting IPR Tactics As Google Fights 'Settled Expectations'

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    Google’s petition for the U.S. Supreme Court to scrutinize the Patent Trial and Appeal Board's so-called settled expectations practice underscores why accused infringers facing older asserted patents should treat discretionary denial as a case-dispositive risk from day one, says attorney Abdul Abdullahi.

  • 3 Misconceptions About Justices' FCC Fines Ruling

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    The U.S. Supreme Court's June 4 Federal Communications Commission v. AT&T decision rejecting AT&T’s and Verizon’s argument that the commission's forfeiture process violates the Seventh Amendment has yielded three common reactions that misunderstand the decision as a matter of law and how the FCC actually operates, says Samuel Feder at Jenner & Block.

  • SEC Disgorged Fund Distribution Is Next Query After Sripetch

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    Following the Supreme Court's Sripetch v. U.S. Securities and Exchange Commission decision, investor harm isn't required for the SEC to obtain a disgorgement award, but future cases must resolve whether the commission will be freed from a requirement to distribute disgorged funds to the victims of alleged misconduct, says Daniel Walfish at Katsky Korins.

  • If Upheld, Wash. Millionaire Tax Could Upend State Law

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    The Washington Supreme Court could open the door to broader income, rental and corporate taxes if it defies precedent and the historically established desires of voters by redefining the state constitution's concepts of “income” and “property” to uphold a new tax on wages over $1 million, says Richard Birmingham at Davis Wright.

  • Trump Admin's Agency Records Purge Tests Judicial Notice

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    While courts commonly take judicial notice of data in government websites and reports, the Trump administration's recent modification or wholesale deletion of these sources means that litigants must look elsewhere to support trial admission of this information, says Jon Gryskiewicz at Lewis Baach.

  • Series

    Cow Horse Makes Me A Better Lawyer

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    Moving an unwilling 800-pound cow while riding a horse at high speed is exhilarating, a little unhinged and, at least for me, a surprisingly effective training ground for litigation — both demand focus, preparation over rigid planning and the willingness to act despite fear, says Ashley Zitrin at Glenn Agre.

  • Fla. Driver Ruling Shows Renewed Focus On Privacy Standing

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    A Florida federal court's recent dismissal of a class action alleging that private driving records had been improperly used in violation of the Driver's Privacy Protection Act suggests that companies defending against privacy class actions in Florida may reconsider Article III challenges at the dismissal stage, say attorneys at Sidley.

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