Appellate

  • July 02, 2026

    11th Circ. Finds Scant Evidence In Miami Cop's Race Bias Suit

    The Eleventh Circuit on Thursday upheld a win for Miami in a Black police officer's race discrimination lawsuit, finding no evidence her skin color played a role in the city's decision to demote, transfer and suspend her due to problems in her internal investigatory work.

  • July 02, 2026

    Mich. Panel Says Campaign Mailers Not Defamatory

    A Michigan appellate panel affirmed a lower court's dismissal of a former Dow Corning employee's defamation suit against former state Senate candidate Christian Velasquez and his campaign committee, ruling that public statements made by Velasquez in response to an opposing candidate's attacks were not about the plaintiff.

  • July 02, 2026

    IRS Unveils Portal For Claiming Late-Filed COVID-Era Refunds

    The IRS quietly rolled out an online portal dedicated to individuals and businesses seeking to take advantage of the Federal Claims Court's decision allowing a California business owner to recover late-filed refunds for penalties and interest tied to the COVID-19 pandemic.

  • July 02, 2026

    NJ Justices Say Council Can't Invalidate $25 DWI Surcharge

    The New Jersey Supreme Court ruled Thursday that a watchdog group established by the state's constitution exceeded its authority when it invalidated a surcharge attached to the New Jersey law against driving while intoxicated.

  • July 02, 2026

    Fla. Panel Nixes Challenge To Order Limiting Expert Payments

    A Tallahassee public defender may not petition a Florida appellate panel to challenge a circuit court chief judge's administrative order imposing a rate schedule for court-appointed expert compensation that denies payment for sanity evaluations, the panel found, determining that the appeals court lacks jurisdiction over an administrative order.

  • July 02, 2026

    US Bank Retirees Ask To Drop 8th Circ. Pension Fight

    U.S. Bank retirees asked the Eighth Circuit to dismiss their appeal of the bank's early win in their federal benefits lawsuit alleging that their early retirement payments were unlawfully reduced, telling the court they had opted not to pursue a revival bid for the case.

  • July 02, 2026

    Del. High Court Revives $100M Paragon Fraud Case

    The Delaware Supreme Court has revived fraud claims arising from private equity firm Stellex Capital Investors' $100 million acquisition of automotive components manufacturer Paragon Metals LLC, ruling that the buyer justifiably relied on the seller's contractual warranties.

  • July 02, 2026

    Top International Trade Developments Of 2026: Midyear Report

    The fallout from the U.S. Supreme Court striking down President Donald Trump's global tariff regime kept international trade attorneys busy in the first half of 2026, with the shifting landscape largely occupied by other tariffs and their respective court challenges. Here, Law360 examines the top developments in international trade so far this year.

  • July 02, 2026

    Fired NCUA Democrats Say Slaughter Ruling Is On Their Side

    Democrats who sued after President Donald Trump booted them from the National Credit Union Administration's board have signaled they will keep seeking reinstatement, pressing ahead after the U.S. Supreme Court ruled the president can fire most federal regulators at will.

  • July 01, 2026

    7th Circ. Questions Contempt On Hytera Radio Redesign

    A Seventh Circuit panel seemed unsure Wednesday that a district court correctly found Motorola Solutions Inc. entitled to a cut of Hytera Communications Corp. Ltd.'s sales of redesigned mobile radios under a 2022 royalty order entered after a jury found Hytera liable for trade secret theft.

  • July 01, 2026

    Texas Panel Says Family Can't Sue Doctors Over Birth Injuries

    A woman who suffered life-threatening complications following a cesarean section saw her medical malpractice lawsuit end Tuesday, after a Texas appellate court said her expert witness could not show that her two doctors caused the injuries.

  • July 01, 2026

    5th Circ. Shields Apple From Sharing IP Docs With Xiaomi

    Apple Inc. and Blackberry Corp. do not have to share their patent licensing agreements beyond outside counsel for a Chinese rival involved in overseas litigation, the Fifth Circuit ruled, saying it was "premature" for a lower court to determine that German law and Indian law require the disclosure to in-house counsel.

  • July 01, 2026

    3 Federal Circuit Clashes To Watch In July

    A patent owner's effort to undo a Texas jury verdict clearing Samsung of infringing a wireless patent and an appeal of a ruling that Dartmouth College and a supplement maker owe $9 million for filing an "unreasonable" vitamin patent suit are among the cases the Federal Circuit will hear this month.

  • July 01, 2026

    NJ Cops Can Accept Warrantless Location Info From Feds

    A New Jersey appeals court has said it won't overturn the gun trafficking conviction of a man who was arrested in part due to cellphone location data that was acquired by federal law enforcement in Ohio, which didn't require a warrant to get the information.

  • July 01, 2026

    California Court Trims State Charges In Pelosi Hammer Attack

    A split California appeals court has ruled that the man who attacked Paul Pelosi, the husband of former House Speaker Nancy Pelosi, correctly obtained dismissal of several charges from his state court indictment.

  • July 01, 2026

    'Do Your Part,' Mass. Judge Chides Read Case Attys Post-Leak

    A Massachusetts judge on Wednesday lectured counsel in the high-profile civil case against Karen Read, the Massachusetts woman acquitted of murdering her Boston police officer boyfriend, to honor their ethical obligations after sensitive information leaked on social media.

  • July 01, 2026

    Fla. Panel Backs Permit Holders' Win In Miami Dock Suit

    A Florida appellate panel on Wednesday upheld a lower court win for two residents who took out a permit to build a dock at their Miami residence, finding that the dock didn't unreasonably obstruct a neighbor's view of the waterway. 

  • July 01, 2026

    6th Circ. Backs Smucker In Salmonella Coverage Dispute

    An alleged salmonella outbreak that potentially tainted peanut butter produced by J.M. Smucker Co. is a single occurrence under its commercial general liability policies, the Sixth Circuit affirmed Wednesday, saying Smucker's peanut butter production did not constitute 225 separate occurrences that are each subject to a $250,000 retainer.

  • July 01, 2026

    Conn. Justices Allow Death Damages Input After $8.5M Verdict

    The Connecticut Supreme Court will allow the Connecticut Defense Lawyers Association and the American Medical Association to weigh in on whether legally distinct damages are available for losing the ability to enjoy life's activities and for death itself as the justices consider an $8.5 million verdict against a knee surgeon's medical practice.

  • July 01, 2026

    Tatneft Fights 'Indefinite' Stay In $173M Ukraine Award Case

    One of Russia's largest oil companies pressed the D.C. Circuit on Tuesday to unpause litigation aimed at enforcing a confirmed $173 million arbitral award against Ukraine, saying that the proceedings have now been on hold for more than four years without any indication of when they might resume.

  • July 01, 2026

    High Court's Guardrails Won't Ease Fight Over Trans Athletes

    The U.S. Supreme Court's decision permitting states to ban transgender athletes from girls' sports was written in simple terms, but attorneys tracking the issue see the ruling as a flashpoint for further litigation.

  • July 01, 2026

    Ga. Justices Pass On Co.'s Challenge To Workers' RICO Suit

    The Georgia Supreme Court has declined to hear a construction company's challenge to an appellate ruling that revived a lawsuit from two former human resources directors who claimed they were fired for raising concerns about fraudulent work authorization records.

  • July 01, 2026

    Goldstein Calls Gov't's Attack On Text Messages 'Hypocrisy'

    Lawyers for convicted SCOTUSblog founder Thomas Goldstein have rejected prosecutors' claims that the famed U.S. Supreme Court lawyer may have deleted messages between himself and his poker backers, calling the government "hypocritical" after it had previously argued that Goldstein could authenticate the messages if he took the stand at trial.

  • July 01, 2026

    Doc Asks To Seek Defamation Punitive Damages Against CNN

    A doctor has asked the Florida Supreme Court to lift a stay on his petition to seek punitive damages against CNN over a 2015 story about pediatric surgery mortality rates, citing the high court's recent decision that lowered the evidentiary bar to add punitive damages claims.

  • July 01, 2026

    3rd Circ. Backs Sentence Bump For Gun's 1 Marred Serial No.

    A Third Circuit panel upheld a Pennsylvania man's sentence for possessing a firearm as a felon on Wednesday, finding that an enhancement applied since his pistol had one serial number defaced.

Expert Analysis

  • Opinion

    Rule Of Law Requires Gov't Engagement With Bar, Not Retreat

    Author Photo

    A federal agency's absence from national and local bar conferences, most recently illustrated by the U.S. Department of Justice's withdrawal from a New York City Bar Association white collar conference, disserves the bar, the government lawyers themselves and, ultimately, the administration of justice, says Muhammad Faridi at Linklaters.

  • Fed. Circ. Clarifies Standard For Contesting CICA Overrides

    Author Photo

    The Federal Circuit's recent holding in Life Science Logistics strengthens the hand of protesters facing an override of the Competition in Contracting Act stay, and a Court of Federal Claims decision the same day demonstrates that how a protester frames its requested relief remains critically important, says Richard Arnholt at Bass Berry.

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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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'

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

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.