Appellate

  • June 26, 2026

    Fla. Justices 'Recede' From Opinion On Forced-Entry Evidence

    A split Florida Supreme Court has ruled that defendants must not suppress evidence obtained under a valid search warrant where officers violated the state's "knock-and-announce" laws, walking back a previous decision.

  • June 26, 2026

    NJ Panel Vacates $1M In Damages Awarded For Boating Injury

    A New Jersey appellate panel Friday vacated a jury's award of nearly $1 million to a woman who broke her back on her longtime friend's boat, ruling that the trial court should have granted the defense's bid to extend discovery in order to respond to medical evidence presented on the eve of trial.

  • June 26, 2026

    NY Appeals Court Grants Hearing In Speedy Trial Fight

    A man sentenced to up to three years in prison for 2018 crimes including endangering the welfare of a child, stealing, violating an order of protection and harassment must have his trial delay claims addressed, a New York appeals court has ruled.

  • June 26, 2026

    5 ERISA Cases To Keep An Eye On In The Second Half Of 2026

    A U.S. Supreme Court challenge to Intel Corp.'s 401(k) investment lineup tops the list of cases benefits attorneys will be watching this summer and fall, though appeals involving health plan tobacco fees, plan forfeiture spending and a potential Eleventh Circuit precedent shift are also top of mind. Here, Law360 looks at five ERISA cases that attorneys should have on their radar as 2026 rolls on.

  • June 26, 2026

    High Court To Issue Big Decisions In Term's Final Days

    As the U.S. Supreme Court enters the final days of its term, the justices still have several major decisions to issue, including some concerning birthright citizenship, the president's power to remove independent agency officials, transgender athletes and election rules. 

  • June 26, 2026

    Scientologists Want 'Ignored' Boies Schiller AI Errors Review

    The Church of Scientology has asked the California Supreme Court to review an appellate order that didn't impose sanctions on Boies Schiller Flexner LLP for filing a brief containing artificial intelligence-generated citation errors in a harassment and retaliation suit pending against the church.

  • June 26, 2026

    Reed Smith Wants Pause In Ex-Atty's Bias Suit Amid Appeal

    Reed Smith LLP asked a New Jersey court on Thursday to stay a former attorney's gender discrimination suit against it while the attorney's appeal of the scope of the damages in the suit plays out.

  • June 26, 2026

    11th Circ. Told Loan Program Wasn't Commodities Investing

    An imprisoned foreign currency trader urged an Eleventh Circuit panel Friday to undo a $62 million fraud-related judgment in the Commodities Futures Trading Commission's lawsuit accusing him of misappropriating investor cash, arguing the money was lent to him and he wasn't pooling funds. 

  • June 26, 2026

    3rd Circ. Says Exculpatory Info Can't Undo Murder Conviction

    A man convicted of murder in 1995 can't reverse the jury's verdict based on the prosecution withholding impeachment evidence against two witnesses because he had not shown that evidence would have been likely to change the outcome of his trial, the Third Circuit ruled Friday.

  • June 26, 2026

    Mass. High Court Says Procedural Flaw Can't Sink Arb. Award

    An arbitrator did not exceed his authority in ordering partial recoupment of payments made by a general contractor to a subcontractor amid a dispute over invoices, Massachusetts' highest court said Friday.

  • June 26, 2026

    Del. Justices Back Trade Desk In Nevada Records Fight

    The Delaware Supreme Court on Friday upheld a Delaware Chancery Court ruling limiting a stockholder's inspection rights, affirming that The Trade Desk Inc. does not have to produce director emails and other informal communications sought in an investigation into the advertising technology company's 2024 reincorporation from Delaware to Nevada.

  • June 26, 2026

    Thermostat Patent Case Settles After Fed. Circ. Undid Verdict

    Two home automation companies have settled a case over a thermostat patent after the Federal Circuit undid an $11.5 million jury verdict awarded to one of them and faulted the judge overseeing the trial for using jury forms that collapsed all infringement allegations into a yes-no question.

  • June 25, 2026

    Robo-Surgery Co., FTC Urge 9th Circ. To Revive Antitrust Case

    Surgical Instrument Service and the Federal Trade Commission urged the Ninth Circuit on Thursday to revive the company's case accusing Intuitive Surgical of blocking third parties from refurbishing components for its da Vinci surgery robot, saying a lower court erred in requiring the U.S. Supreme Court's Kodak factors to be proven.

  • June 25, 2026

    9th Circ. Backs Removals For Child Endangerment

    A federal statute allowing noncitizens to be deported over convictions for a crime of child abuse, child neglect or child abandonment can encompass endangerment situations where a child was put in danger but not hurt, a Ninth Circuit panel ruled Thursday.

  • June 25, 2026

    CFTC, Prediction Market Trade Group Back Kalshi At 6th Circ.

    The U.S. Commodity Futures Trading Commission and a prediction market trade group are pressing the Sixth Circuit to affirm sole federal oversight of event contracts in separate briefs that argued state gambling laws are a poor fit to regulate trading on real-world events.

  • June 25, 2026

    Texas Faces Tough Questions In Tylenol Autism Appeal

    A Texas appellate court seemed skeptical Thursday of an argument that the parent entities of the company that sells Tylenol should have to defend claims that the pain reliever causes autism, suggesting that the companies don't have enough ties to Texas.

  • June 25, 2026

    Trucking Co. Can't Nix $2.8M Crash Judgment, 5th Circ. Says

    A trucking company accused of triggering a pileup on Interstate 20 in Mississippi cannot evade a $2.8 million default judgment, the Fifth Circuit ruled in a published opinion, saying "equity and justice do not compel giving" the company "a do-over now."

  • June 25, 2026

    Wash. Justices Back Climate Act Farm Fuel Exemption Regs

    The Washington Supreme Court unanimously rejected the Washington Farm Bureau's challenge to regulations surrounding a farm fuel exemption in a landmark 2021 law establishing the state's cap-and-invest program, finding Thursday the rule aligns with lawmakers' ultimate goal of curbing top greenhouse gas emitters.

  • June 25, 2026

    NJ Justices Say EMTs Immune In Brain Injury Suit

    The New Jersey Supreme Court on Thursday held that paramedics who treated a toddler's head injury, which led to a permanent brain injury, are entitled to immunity under a state statute governing emergency medical treatment, saying they acted in good faith and in accordance with the law's requirements.

  • June 25, 2026

    Feds Say Would-Be Kavanaugh Assassin Was Let Off Easy

    Both federal prosecutors and a Stephen Miller-founded public interest group believe that a Maryland federal judge let a woman accused of trying to kill U.S. Supreme Court Justice Brett Kavanaugh off too easy because of her gender identity and want the Fourth Circuit to order resentencing.

  • June 25, 2026

    Fired SpaceX Workers Can't Dodge Arbitration, 9th Circ. Told

    A SpaceX attorney Thursday urged the Ninth Circuit to revive its bid to arbitrate claims by eight former employees who say they were wrongfully terminated for complaining about CEO Elon Musk's sexually charged social media posts, saying they did not "adequately allege" sexual harassment.

  • June 25, 2026

    Calif. Justices Say Custody Credits Don't Pool Across Cases

    California's top court ruled Thursday that courts are not required to credit defendants for aggregate time served before sentencing in separate cases, reversing a state appellate court decision.

  • June 25, 2026

    Ohio Justices Reject Claims Of $115M Utility Overcharges

    The Ohio Supreme Court on Thursday rejected claims that consumers were overcharged by $115 million for electricity from aging coal-fired power plants in 2020, saying that utility regulators correctly determined that state law entitled the plants' owners to the payments.

  • June 25, 2026

    Colo. Panel Says Prehearing Objection Preserves Arb. Fight

    A Colorado Court of Appeals panel ruled Thursday that a party doesn't waive its right to object to arbitrability so long as the objection is raised prior to the arbitration hearing, even if the party participated in the arbitration proceedings for an extended period of time.

  • June 25, 2026

    AGs, Cable Orgs., Newsmax Back Nexstar Block At 9th Circ.

    A bipartisan coalition of state attorneys general have filed one of three amicus briefs urging the Ninth Circuit to fully preserve a preliminary injunction blocking Nexstar's purchase of Tegna, arguing the states challenging the deal have standing to sue and that only a broad block is appropriate.

Expert Analysis

  • 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.

  • Series

    Cow Horse Makes Me A Better Lawyer

    Author Photo

    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

    Author Photo

    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.

  • Vax Ruling Offers Employer Tips For Handling Political Speech

    Author Photo

    A California appeals court's recent decision in Rademacher v. ABC, rejecting a "General Hospital" actor's suit alleging he was terminated for opposing a vaccine policy, demonstrates the importance of the employer's process, including neutral policies, documentation, and evidence of who knew what and when, say attorneys at Krevolin Horst.

  • O Brother, Where Art DAO? Jurisdiction Issues Abound

    Author Photo

    While there is a dearth of decisions examining a decentralized autonomous organization's citizenship for diversity jurisdiction purposes, Second Circuit case law has defined citizenship for other unincorporated entities, which may guide how courts evaluate an increasing number of cases involving DAOs, says Michael Mix at Morrison Cohen.

  • Protecting AI-Driven Innovation In Life Sciences IP

    Author Photo

    Recent developments, including the U.S. Patent and Trademark Office's evolving inventorship standards, and the impact of artificial intelligence on the "person of ordinary skill in the art" standard demand that life sciences companies elevate AI patent strategy to a top priority, says Sandra Haberny at Quinn Emanuel.

  • 2nd Circ. Ruling Notably Limits Sentencing Courts' Discretion

    Author Photo

    The Second Circuit’s recent decision in U.S. v. Dralle clarifies the bounds of sentencing courts’ ability to consider uncharged or co-defendant conduct without tying it to statutory sentencing factors, and it may have broader implications for limiting loss attribution in white collar and other criminal cases, say attorneys at Lowenstein Sandler.

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.