Appellate

  • July 23, 2026

    AstraZeneca Immune In Vax Trial Contract Suit, 10th Circ. Says

    The Tenth Circuit on Thursday overturned a lower court ruling that AstraZeneca lacked immunity from an experimental COVID-19 vaccine trial participant's lawsuit seeking medical compensation after she suffered debilitating injuries, saying a federal statute providing immunity for vaccine developers covers her contract breach claims.

  • July 23, 2026

    Red States Back DOT In DC Circ. Immigrant Driver Rule Fight

    Florida and 22 other GOP-leaning states have urged the D.C. Circuit to uphold the U.S. Department of Transportation's new restrictions on commercial drivers' licenses for foreign truckers, saying motorists and highways must be protected from threats posed by large commercial vehicles driven by unqualified truckers.

  • July 23, 2026

    2nd Circ. Revives Fired Benefit Fund Worker's ADA Suit

    The Second Circuit said Thursday that an ex-employee should get a second shot at his claim that a union benefit fund failed to accommodate his pulmonary embolism complications, stating the lower court needed to weigh disputes about whether his request to change service routes was reasonable.

  • July 23, 2026

    Squires To Review 2024 PTAB Ax That Followed Vidal Ruling

    U.S. Patent and Trademark Office Director John Squires on Thursday said he is going to review a 2-year-old Patent Trial and Appeal Board decision that found claims in an EagleView Technologies patent on measuring roofs to be invalid.

  • July 23, 2026

    CGL Cases To Watch In The 2nd Half Of 2026

    Heading into the back half of 2026, insurance attorneys can expect federal and state courts to interpret how general liability policy language applies to some of the industry's biggest emerging risks. Law360 Insurance Authority breaks down three CGL-related cases.

  • July 23, 2026

    Mich. Parent Tells 6th Circ. School Limited Her Free Speech

    Counsel for a Michigan parental rights advocate told a Sixth Circuit panel on Thursday that a cease and desist letter from a Lowell Area Schools administrator barring her from contacting teachers directly violated the parent's First Amendment rights, even though the letter provided a process for Stefanie Boone to communicate through administrators.

  • July 23, 2026

    Seagate Urges Justices Not To Review NHK Antitrust Case

    Seagate Technology LLC is urging the U.S. Supreme Court not to review a Ninth Circuit decision reviving portions of its price-fixing suit against NHK Spring Co. Ltd., arguing that NHK's petition mischaracterizes how the Ninth Circuit applied the Foreign Trade and Antitrust Improvements Act.

  • July 23, 2026

    Hawaii, Green Groups Fight EPA Rebuff Of Regional Haze Plan

    Hawaii and environmental groups asked the Ninth Circuit on Wednesday to overturn a U.S. Environmental Protection Agency decision to partially reject a plan the Aloha State submitted to improve air quality in national parks that would have retired some older power plants.

  • July 23, 2026

    Colo. Panel Clarifies Worker Retaliation Claim Requirements

    The Colorado Court of Appeals held for the first time Thursday that two Colorado statutes meant to close gender pay gaps do not require workers to allege gender discrimination, partially reviving a former human services caseworker's retaliation case against the county department she had worked for.

  • July 23, 2026

    Colo. Panel Clarifies Reach Of Insurer Responsibility Law

    The Colorado Insurance Code's reference to "unfair business practices" in a statute governing insurers' responsibility for the acts of their producers is not limited to various "unfair methods of competition" and "unfair or deceptive acts or practices," a state appeals court said in a matter of first impression Thursday.

  • July 23, 2026

    Mich. High Court Says Pot Smell Not Grounds For Car Search

    Police can't search a vehicle without a warrant based only on probable cause that someone committed a civil marijuana infraction, the Michigan Supreme Court ruled Wednesday, finding that the state's interest in enforcing a minor violation doesn't outweigh a driver's Fourth Amendment rights. 

  • July 23, 2026

    Mo. Panel Says Exclusion Bars Mallinckrodt Opioid Coverage

    A Missouri appellate court upheld a win for a group of insurers on their arguments that a "your products" policy exclusion applied to bar coverage of alleged damages from drugmaker Mallinckrodt's unbranded marketing of opioid products.

  • July 23, 2026

    Ga. Panel Says Closed Courtroom For Child Testimony OK

    The Georgia Court of Appeals has ruled that a man convicted of sex crimes was given a fair trial even though the courtroom was temporarily closed while his 12-year-old victim was allowed to testify because state law requires that the identity of juvenile witnesses be protected.

  • July 23, 2026

    Pa. AG Criticizes 'Inadequate' Felony Murder Sentence Bill

    Pennsylvania Attorney General Dave Sunday has urged lawmakers to reject a proposed new sentencing framework for people convicted of second-degree murder, calling a proposal amended Thursday too lenient even as a deadline set by the state's Supreme Court draws near.

  • July 23, 2026

    6th Circ. Challenges Exoneree's Fabricated Evidence Claim

    A Sixth Circuit panel on Thursday questioned whether a Michigan man who spent more than two decades in prison before his assault convictions were vacated had done enough to revive his civil rights suit accusing Detroit police officers of fabricating and withholding evidence during the investigation that led to his arrest.

  • July 23, 2026

    Third Murder Trial Not Double Jeopardy, 3rd Circ. Says

    The Third Circuit ruled on Thursday that a Pennsylvania man is not eligible for habeas corpus relief after he was made to face trial over the same murder three separate times, because a state court previously ruled he was correctly convicted and the retrials did not violate double jeopardy rules.

  • July 23, 2026

    11th Circ. Upholds Toss Of Cuban Cigar Trafficking Suit

    The Eleventh Circuit on Thursday upheld the dismissal of a lawsuit brought against British companies accused of trafficking cigars from a factory nationalized by the Cuban government, ruling that the lower court lacked jurisdiction. 

  • July 23, 2026

    Mass. Justices Say Health Board Can't Halt Verizon Tower

    A western Massachusetts city's health board lacked the power to order a Verizon cell tower to shut down due to health concerns, the state's highest court ruled Thursday.

  • July 23, 2026

    State High Courts Issue Top 2026 Specialty Insurance Rulings

    State high courts took the lead on specialty line insurance issues in the first half of 2026, including on cyber recovery disputes and the nuances of directors and officers coverage. Law360 has a midyear look.

  • July 23, 2026

    Chemours Tells 4th Circ. To Deny Refrigerant Antitrust Suit

    DuPont spinoff The Chemours Co. FC LLC urged the Fourth Circuit not to revive an antitrust suit from a refrigerant distributor alleging it was effectively denied access to a key refrigerant, arguing Wednesday that there's nothing monopolistic about refusing to sell "on the plaintiff's own preferred terms."

  • July 23, 2026

    Lack Of Jurisdiction Dooms $273M 'Rip And Replace' Suit

    The Court of Federal Claims has tossed a complaint from a telecom that says the Federal Communications Commission wrongly denied it $273 million in "rip and replace" funds for replacing Chinese-made equipment, saying that the company's dispute belongs in federal appeals court.

  • July 23, 2026

    Ex-Client Can't Revive Brach Eichler Malpractice Suit

    A New Jersey appellate panel on Thursday affirmed a lower court ruling granting summary judgment to Brach Eichler LLC in a suit accusing the firm of legal malpractice from its work in a long-running real estate dispute.

  • July 23, 2026

    Philly Judge Says Keller Postman Slowing Zantac Litigation

    A Pennsylvania state court judge has said Keller Postman LLC's "crusade" to remove him from presiding over several matters has ground to a halt the Zantac cancer mass tort in Philadelphia, leaving the plaintiffs' cases to "languish."

  • July 23, 2026

    7th Circ. Backs Chicago's Tenant Payout Ordinance

    The Seventh Circuit held Wednesday that a Chicago ordinance requiring owners of foreclosed rental buildings to pay tenants $10,600 to help with relocation costs is not an unconstitutional taking of property, saying that state and local authorities have broad power to regulate landlord-tenant relationships.

  • July 23, 2026

    Senate Confirms 2 Judges, Advances Ohio And Colo. Picks

    The Senate on Thursday voted 48-47 to confirm Judge Daniel Traynor of the District of North Dakota to the U.S. Court of Appeals for the Eighth Circuit and 49-44 to confirm Antonio M. Pozos, a partner at Faegre Drinker Biddle & Reath LLP, as a judge for the Eastern District of Pennsylvania.

Expert Analysis

  • Justices' Ruling Alters Playing Field For State Subpoena Suits

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    The U.S. Supreme Court’s decision in First Choice Women’s Resource Centers v. Davenport will spark more federal court challenges to state subpoenas, but procedural defenses will block some merits decisions, so plaintiffs must carefully time and manage parallel federal and state proceedings, say attorneys at Troutman.

  • Looking At Drake's Diss Track Appeal Through An IP Lens

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    Though Drake's pending Second Circuit appeal over UMG's promotion of Kendrick Lamar's "Not Like Us" is formally about defamation, it shows that IP considerations can help identify records showing how a work traveled, which may guide courts when deciding context, says attorney Abdul Abdullahi.

  • Series

    Bass Fishing Makes Me A Better Lawyer

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    Landing a trophy striped bass and closing a big deal both require cultivating the patience to finesse — not force — your way to desired outcomes, changing course when your old approach isn’t working and learning from the ones that got away, says Jon Ruiss at Alston & Bird.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q2

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    The year's second quarter brought several notable banking law developments to New York, including a proposal to align state stablecoin rules with the federal Genius Act, fresh fair lending and cybersecurity guidance from state regulators, and a significant Second Circuit holding on preemption, say attorneys at Ashurst Perkins Coie.

  • PacifiCorp Ruling Shows Limits Of Aggregate Wildfire Loss Models

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    An Oregon appeals court's recent decision in James v. PacifiCorp illustrates that in litigation involving multiple wildfires, materially different causation theories, and evidence tied to particular fires and locations, a single undifferentiated damages model is vulnerable to attack, say Paige Van Oosten and Jason Kim at Hunton and Kevin Cahill at FTI Consulting.

  • Roundup

    The Most Talked-About Supreme Court Decisions Of 2026

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    This term, 11 U.S. Supreme Court decisions quickly became hot topics among Law360's guest writers.

  • A New Defense For Medicaid Fraud Cases In Texas

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    The Texas Supreme Court decision in LabCorp v. Texas last month, finding that the state's False Claims Act requires proof that an omission is material, is among the first to establish that the government's lack of reaction to the defendant's disclosures rendered alleged omissions immaterial, say attorneys at Sheppard.

  • Fighting The Evidentiary Risks Of Deepfakes In Court

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    Though courts and federal rules are only slowly developing frameworks for assessing digital evidence that could have been created or generated by artificial intelligence, litigators should understand what steps they'll likely need to take to successfully challenge potentially deepfaked exhibits — and fight questions about the authenticity of their own, say attorneys at MoFo.

  • Justices' Cuba Ruling Narrowly Recasts Sovereign Immunity

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    The U.S. Supreme Court recently allowed Exxon Mobil's bid for $1 billion in damages for Cuban-seized property to proceed, but the ruling's doctrinal significance is in treating the Helms-Burton Act as a later, specific and self-contained statutory displacement of the default jurisdictional immunity regime, says Josep Galvez at 4-5 Gray's Inn.

  • 'Tiger King' Funeral Clip Ruling Offers Fair Use Road Map

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    The Tenth Circuit's decision in Whyte Monkee v. Netflix that the streaming service's use of another party's funeral footage in the docuseries "Tiger King" constituted fair use lays out a framework for producers to apply the four statutory fair use factors to their own projects, says Frank D’Angelo at Loeb & Loeb.

  • Justices Stand On Statutory Specifics In Cisco And Landor

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    With its June 23 decisions in Cisco Systems Inc. v. Doe and Landor v. Louisiana Department of Corrections and Public Safety, the U.S. Supreme Court doubled down on the critical point that the statute invoked in a federal claim must authorize a private lawsuit and the remedy sought, says Patrick Judd at Phelps Dunbar.

  • Justices' Concurrences Foretell Fault Line On Appeal Waivers

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    The U.S. Supreme Court recently ruled 8-1 in Hunter v. U.S. that appeal waivers that produce a miscarriage of justice are unenforceable, but the decision's concurrences indicate future divisions over whether this exception will be used as a rare safety valve or to police ordinary but troubling plea errors, say attorneys at RJO.

  • How Montgomery Ruling Will Affect Cos. Across Supply Chain

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    Since the U.S. Supreme Court's May 14 decision in Montgomery v. Caribe Transport II, the immediate focus has been on freight brokers and negligent carrier-selection claims, but the ripple effects may extend to shippers, logistics providers, insurers, transportation managers and other participants in the supply chain, say attorneys at Quintairos Prieto.

  • High Court's FCC Fine Ruling Reframes Agency Enforcement

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    The U.S. Supreme Court's recent decision in Federal Communications Commission v. AT&T sweeps aside uncertainty about what kinds of regulatory enforcement trigger a Seventh Amendment right, say attorneys at Squire Patton.

  • How 6th Circ. Tightened NLRB Injunction Standard

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    The Sixth Circuit's recent ruling in Kerwin v. Trinity Health Grand Haven Hospital, dissolving a Section 10(j) injunction obtained by the National Labor Relations Board against an employer that refused to bargain, will make it harder for the NLRB to obtain injunctions while prosecuting unfair labor practice proceedings, say attorneys at Bass Berry.

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