Appellate

  • July 10, 2026

    Union Can't Force Ex-Aides Into Arbitration, 2nd Circ. Says

    A union cannot automatically bind former New York City home health aides to mandatory arbitration through an agreement signed after they left their jobs, the Second Circuit ruled, allowing 17 former workers to press their cases outside a roughly $30 million fund.

  • July 10, 2026

    Mich. Panel Orders Age-Based Resentencing For Murderers

    A Michigan state appellate panel upheld the murder convictions of two men in the 2011 robbery and fatal shooting of a Flint woman, but ruled that both must be resentenced under state law, because they were 19 years old when they committed the crimes.

  • July 10, 2026

    Full 5th Circ. To Reconsider 90-Day Bond Hearing Limit

    The full Fifth Circuit on Friday vacated a roughly week-old split panel decision holding that the Trump administration can't hold noncitizens for more than 90 days without a bond hearing, and said it will rehear the matter.

  • July 10, 2026

    DOJ Appeals Order Shielding Trans Youth Medical Records

    The U.S. Department of Justice asked the Ninth Circuit to review a California federal court's order blocking the government from trying to identify individuals who received gender-affirming care from a Stanford Medicine hospital as minors.

  • July 10, 2026

    Investors Call Boeing's 7th Circ. Class Cert. Appeal Premature

    Investors urged the Seventh Circuit on Friday to dismiss as improvidently granted Boeing's interlocutory challenge to an Illinois district court's class certification order in litigation alleging Boeing misrepresented the 737 Max 8 jets' safety after two deadly crashes in 2018 and 2019.

  • July 10, 2026

    Fed. Circ. Won't Rethink Corcept Patent Loss In Teva Case

    Corcept Therapeutics Inc. lost its bid Friday to have the full Federal Circuit look at a panel's refusal to revive its suit accusing Teva Pharmaceuticals USA Inc. of patent infringement over its production of a generic version of the drug Korlym.

  • July 10, 2026

    4th Circ. Upholds Sentence Hike Despite 'Murky' WV Records

    The Fourth Circuit on Friday upheld a West Virginia man's 15-year prison term for illegal gun possession and witness tampering, rejecting his argument that his prior conviction for cultivating marijuana should not have counted as a sentence-lengthening "controlled substance offense."

  • July 10, 2026

    DOJ Defends Nurse Wage-Fixing Conviction At 9th Circ.

    The U.S. Department of Justice urged a Ninth Circuit panel to reject a Las Vegas home nursing executive's appeal of its first-ever criminal wage-fixing conviction, defending its trial characterization of a leniency deal with a cooperating company and the inclusion of the executive's statement likening nurses to prostitutes.

  • July 10, 2026

    4th Circ. Nixes Womble Bond Atty's 'Overtly Punitive' Penalty

    The Fourth Circuit on Friday wiped out a contempt order against a Womble Bond Dickinson partner that temporarily barred him from practicing in the Western District of North Carolina, characterizing the sanction as "extreme" and "overtly punitive."

  • July 10, 2026

    7th Circ. Revives BIPA Suit Over Virtual Try-On Tool

    The Seventh Circuit on Friday revived a proposed class action against an eyewear company accused of violating Illinois' biometric privacy law with its online "virtual try-on" tool, saying a lower court dismissed the case too early and more evidence is needed to see if the law's exemption for data collected for health care purposes bars the claims.

  • July 10, 2026

    11th Circ. Refers Atty For Discipline Over Suspected AI Entries

    The Eleventh Circuit on Friday referred an attorney for potential discipline over a brief he filed in a client's retaliation lawsuit against the Florida Department of Corrections, ruling that the attorney failed to explain how several defective quotes and citations ended up in the brief.

  • July 10, 2026

    The Biggest TM Rulings Of 2026: A Midyear Report

    The Seventh Circuit placed limits on trademark plaintiffs in cases against foreign online sellers accused of counterfeiting, and the Trademark Trial and Appeal Board issued precedential decisions with fresh guidance on what marks can get on — or stay on — the federal trademark register. Here is Law360's list of the biggest trademark rulings so far this year.

  • July 10, 2026

    Over 2,600 Attys, Professionals Urge Blocking Blanche As AG

    More than 2,600 lawyers and legal professionals on Friday urged lawmakers to oppose the nomination of Todd Blanche for attorney general, saying Blanche's dismissal of the idea that the U.S. Department of Justice should be independent from the White House and his record as interim attorney general make him unfit for the role.

  • July 10, 2026

    Fla. High Court Backs Broad Reading Of Workers' Comp Law

    Florida's Supreme Court rejected an appeals court's narrow take on the state's workers' compensation law that shut down a manager's bid for benefits after he was shot while walking out of work, ruling he can get paid if he shows his work environment increased his risk of assault.

  • July 10, 2026

    Dissolved LLC Can't Revive Trade Secret Suit, 5th Circ. Says

    The Fifth Circuit has refused to revive a defunct Louisiana company's trade secret suit against a business that won a bid for certain onshore drilling assets and the bank that financed the buy, finding it dissolved itself before actually filing the case.

  • July 10, 2026

    Ex-Reed Smith Atty Fights Pausing Bias Suit Amid Appeal

    A former Reed Smith LLP attorney pushed back on the firm's bid to stay her gender discrimination suit against it while the attorney's appeal of the scope of the damages in the suit plays out.

  • July 10, 2026

    8th Circ. Says SD Tribe Waited Too Long On School Debt Fight

    A panel of the Eighth Circuit has rejected a South Dakota tribe's appeal in a dispute with the U.S. Interior Department over millions of dollars of allegedly over-collected school funding debt, saying the tribe had ample opportunity to challenge the agency's findings yet chose not to do so.

  • July 10, 2026

    11th Circ. Upholds Airline's Win In COVID Discrimination Case

    A group of workers for a commercial airline and a related entity failed to support their claims that the companies' COVID-19 pandemic-era policies discriminated against their religious beliefs, the Eleventh Circuit ruled Friday, while sharply criticizing their attorney for his misuse of artificial intelligence.

  • July 09, 2026

    2nd Circ. Won't Halt Payout Of Trump's $5M To E. Jean Carroll

    The Second Circuit refused to halt an order requiring Donald Trump to pay a $5 million jury verdict finding he sexually abused writer E. Jean Carroll, while the New York district judge who issued the order explained it was time for Trump "to 'do equity'" and pay up.

  • July 09, 2026

    Ohio Justices Say Juries Can Sort Out Carbon-Copy Counts

    A divided Ohio Supreme Court held that in cases where a criminal defendant faces multiple carbon-copy charges in an indictment, jury instructions are not required to assign specific unique conduct to each count in order for a jury to convict.

  • July 09, 2026

    7th Circ. Upholds Ill. Ban On AR-15s, High-Capacity Magazines

    The Seventh Circuit on Thursday upheld an Illinois state law banning assault weapons and high-capacity magazines, reversing a lower court that deemed it unconstitutional and holding that restrictions on highly lethal, military-style weapons are "consistent with the principles that underpin our nation's tradition of firearm regulation."

  • July 09, 2026

    Fed. Circ. Doubts $9M Atty Fees Without Dismissal Attempt

    A Federal Circuit panel didn't seem swayed Thursday that ChromaDex's patent infringement suit against Elysium Health had any merit, but the judges struggled to understand why Elysium never tried to dismiss a case it believed was so weak.

  • July 09, 2026

    9th Circ. Spurns Doxo's Bid To Arbitrate Class Action

    The Ninth Circuit backed a Washington district court's decision to deny online bill-pay service Doxo Inc.'s bid to arbitrate class claims that it deceived customers by not disclosing fees upfront, saying the company waited too long and litigated too much before pushing for arbitration.

  • July 09, 2026

    Mass. Justices Affirm Posttrial Forensic Exam Of Cellphones

    Massachusetts' highest court said Thursday that a man convicted of murder may seek posttrial access to cellphones to look for potential evidence in support of a new trial, explaining that a 2012 statute expanding access to forensic testing for biological material also applies to digital and electronic evidence.

  • July 09, 2026

    5th Circ. Prods Highland-Affiliated Co. On Ex-CEO's 'Privity'

    A Fifth Circuit panel pressed an entity related to Highland Capital to explain why a fraudulent transfer claim against Highland's former CEO should stand following a separate consent judgment, asking when the former chief executive ceased to be "in privity with Highland."

Expert Analysis

  • Opinion

    Immigration Appeals Rule Would Prevent Meaningful Review

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    Justice Stephen Breyer’s book “Making Our Democracy Work” offers a useful lens through which to consider what is at stake for the Executive Office for Immigration Review's legitimacy as the government asks the D.C. Circuit to revive an interim final rule that would have fast-tracked decisions by Board of Immigration Appeals, says Tara Kennedy at Kennedy Law.

  • 2 'Rocket Dockets' And The Rules That Propel Them

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    The fastest civil trial courts in the country are currently in the Eastern District of Virginia and the Southern District of Florida, and their chief judges provide insights into the court rules that keep them ahead, says Robert Tata at Hunton.

  • Retailer Risk Reduction Tips As Email Marketing Suits Surge

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    Amid a flood of email marketing lawsuits following last year's Washington Supreme Court ruling in Brown v. Old Navy, retailers seeking to avoid high litigation costs can take several steps to reduce risks by focusing on their email subject lines advertising sales, says Gonzalo Mon at Kelley Drye.

  • Why Nuclear Licensees Must Watch 2nd Circ.'s Holtec Review

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    In reviewing a New York federal court's preemption ruling concerning disposal of nuclear materials, the Second Circuit must confront the lower court's recognition of a purpose-based path to field preemption, which could be game-changing for nuclear material licensees, says Andrew Averbach at Womble Bond.

  • Calif. Ruling Lowers Bar For Health Data Breach Claims

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    The California Supreme Court's ruling in J.M. v. Illuminate Education offers protection for non-healthcare companies that maintain health-related data but also adopts a new and more plaintiff-favorable standard for breach of confidentiality that companies maintaining any health-related data should address, say attorneys at Cooley.

  • Florida Atty Fees Ruling Could End Expert Testimony Mandate

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    For over 60 years, Florida appellate courts have required an evidentiary hearing and expert testimony to support the reasonableness of an attorney fee award, but the Florida Sixth District Court of Appeal's recent Ruffenach v. Deutsche Bank National Trust ruling could make substantive changes to this requirement, say attorneys at RumbergerKirk.

  • Texas Ruling Leaves Key Oil Royalty Question Unresolved

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    The Texas Supreme Court's recent decision in Fasken Oil and Ranch v. Puig clarifies that royalty reservations containing “free of cost forever” language do not bar deduction of post-production costs — but it leaves open whether prices producers report to royalty owners should reflect what unaffiliated buyers would pay, says Robert Foss at Hinds Feat Advisors.

  • Justices Widen Path For Confiscated Cuban Property Claims

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    For Americans holding claims to confiscated Cuban property, the U.S. Supreme Court’s recent decision in Havana Docks v. Royal Caribbean Cruises means that the expiration of their property interest is no longer a bar and that any company using such property is now a potential defendant, say attorneys at Bracewell.

  • Your Next Litigation Hold Should Cover AI Chat Logs

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    The Delaware Chancery Court’s recent decision in Fortis Advisors v. Krafton to treat a CEO’s artificial intelligence chats as substantive evidence is being read as a discovery warning to litigators, but there is a second duty-to-preserve lesson that is especially pertinent to in-house counsel, say attorneys at Faegre Drinker.

  • Opinion

    High Court's Abortion Pill Stay Reinforces Appellate Principles

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    The U.S. Supreme Court's recent order in Danco Laboratories v. Louisiana, staying a Fifth Circuit ruling that reinstated an in-person requirement for dispensing the abortion medicine mifepristone, should be seen not as a definitive ruling on reproductive rights, but as an affirmation of a more disciplined jurisdictional reality, says Daniel Nardo at Nardo & Associates.

  • Series

    Studying Foreign Languages Makes Me A Better Lawyer

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    Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

  • 6th Circ. Ruling Highlights Split On Labor Cost Depreciation

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    The Sixth Circuit's recent decision in Schoening Investment v. Cincinnati Casualty throws into relief the fine lines of courts' varying interpretations of whether a commercial property insurer may justifiably depreciate labor costs to determine the actual cash value of damage, says Nabila Rahim at Zelle.

  • 6th Circ. Ruling Broadest So Far In Wave Of Habeas Decisions

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    The Sixth Circuit’s recent opinion in Lopez-Campos v. Raycraft provides the most developed structural reasoning among rulings in a widening circuit split over mandatory detention after undocumented entry into the U.S., and supplies immigration practitioners a template for due process arguments in favor of habeas relief, says Kemal Hepsen at Mandamus Lawyers.

  • Opinion

    Murdaugh Reversal Masks Deeper Justice System Issues

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    The South Carolina Supreme Court's recent reversal of Alex Murdaugh's murder conviction leans heavily on improper jury influence by an ex-county clerk of court while underbilling other errors in the case, which are emblematic of larger issues with the justice system, says Barry Edwards at Fair Trial Analysis.

  • Del. Justices' Ripeness Ruling Shields Advance Notice Bylaws

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    The Delaware Supreme Court’s recent decision dismissing two AES and Owens Corning stockholder challenges of advance notice bylaws as unripe provides corporations more room to insulate their nomination procedures from activist pressure, say attorneys at Reed Smith.

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