Appellate

  • July 21, 2026

    7th Circ. Told To Keep Judge's MAGA Firing Fight In Fed. Court

    A retired judge looking to hold the Illinois Supreme Court liable for canceling his temporary reinstatement over a pro-MAGA opinion column told the Seventh Circuit Monday that his case belongs in federal court, saying he has no unbiased state court forum because his claims "would inevitably reach defendants themselves."

  • July 21, 2026

    7th Circ. Backs UChicago, TIAA In Spousal Pension Fight

    The Seventh Circuit backed a Wisconsin federal court's decision to hand the University of Chicago and its pension plan manager TIAA an early win in a dispute over a deceased worker's spousal pension benefits, and declined to certify a question about power of attorney authority to the Wisconsin Supreme Court.

  • July 21, 2026

    Full Fed. Circ. Won't Review Apple's ITC Loss Against Masimo

    The full slate of Federal Circuit judges will not reconsider a panel's determination that Apple has infringed Masimo Corp.'s blood oxygen monitor patents in a high-profile case that led to some Apple Watch imports being banned.

  • July 21, 2026

    DC Circ. Backs Nuclear Plant Enviro Review Rules

    The D.C. Circuit on Tuesday upheld the U.S. Nuclear Regulatory Commission's updated rules for renewing nuclear power plant licenses, rejecting arguments from antinuclear groups that the rules don't adequately account for climate change risks.

  • July 21, 2026

    2nd Circ. Won't Be Savior For 'Made In Heaven' Koons IP Case

    The Second Circuit on Tuesday declined to save a prop and set designer's suit accusing artist Jeff Koons of copyright infringement with his "Made in Heaven" series from the late 20th century, saying the prominence of the works should have gotten the designer's attention sooner.

  • July 21, 2026

    Ohio Can't Pause Halt Of Hemp Law During Appeal, Judge Says

    Ohio lost its bid Monday in federal court to be allowed to enforce a new law that reclassifies hemp products as marijuana, as a judge rejected the state's arguments that the hemp product manufacturers and sellers waited too long to file their lawsuit.

  • July 21, 2026

    Chamber Asks 2nd Circ. To Back Toss Of Pepsi Smoking Suit

    A New York federal judge rightly tossed allegations that Pepsi violated federal benefits law by making employees who smoke pay more for health insurance, the nation's largest business lobby argued in an amicus brief, urging the Second Circuit to affirm dismissal of the suit.

  • July 21, 2026

    Texas Appeals Court Revives Ex-CEO's Claims Against REIT

    A Texas appeals court on Tuesday revived claims brought by the former CEO of Houston-based Whitestone REIT accusing his ex-employer of ousting him without cause, saying that the REIT failed to show it should win as a matter of law.

  • July 21, 2026

    DC Circ. Sides With FCC In Spectrum Revamp Row

    The D.C. Circuit on Tuesday rejected challenges to the Federal Communications Commission's overhaul of the 4.9 gigahertz public safety band, ruling that the Spectrum Act gave AT&T partner FirstNet broad authority to build its network without confining it to just one band.

  • July 21, 2026

    Mullen Fights To Keep Patent Suit Against Samsung Alive

    Mullen on Tuesday opposed a magistrate judge's recommendation that the court find invalid its patents covering location-based services on mobile devices asserted against Samsung, saying it is at odds with a recent Federal Circuit decision.

  • July 21, 2026

    Class Cert. In Avandia MDL Undone For Lacking Stats

    The Third Circuit undid class certification for a group of health plans claiming GlaxoSmithKline deceptively marketed its diabetes drug Avandia, with a panel majority ruling Tuesday the plans needed stronger statistical analysis to show links between the marketing, the revelation of side effects and a drop in sales.

  • July 21, 2026

    10th Circ. Backs Kan. Library's Ban On Protest Signs Inside

    A Kansas public library can prohibit protesting and the display of signs inside its property, the Tenth Circuit held Tuesday in finding the library's policies prohibiting disruptive behavior did not violate the First Amendment.

  • July 21, 2026

    Invisalign Maker Align Keeps PTAB Wins At Fed. Circ.

    The Patent Trial and Appeal Board properly invalidated claims in two Dental Monitoring SAS orthodontia patents, the Federal Circuit affirmed Tuesday.

  • July 21, 2026

    Mich. Panel Revives Health Providers' No-Fault Coverage Suit

    A Michigan state appeals court revived a suit brought by medical providers seeking to recover no-fault benefits for treatments they provided to a woman injured in a crash, saying a trial judge failed to consider lesser sanctions for a discovery violation before barring key witnesses and effectively ending the case.

  • July 21, 2026

    Peter Navarro Loses DC Circ. Appeal Of Contempt Conviction

    The D.C. Circuit Tuesday upheld Trump White House adviser Peter Navarro's contempt of Congress conviction, saying President Donald Trump never invoked executive privilege to allow Navarro to flout congressional subpoenas concerning the Jan. 6, 2021, attack on the U.S. Capitol.

  • July 21, 2026

    High Court Ruling Doesn't Impact Pipeline Fight, 9th Circ. Told

    California and environmental groups have told the Ninth Circuit that a recent U.S. Supreme Court decision clarifying federal arbitration jurisdictional lines has no bearing on their lawsuit challenging the Trump administration's assertion of jurisdiction over an in-state oil pipeline system.

  • July 21, 2026

    Arbitration Valid In Tax Privacy Suit, H&R Block Tells 9th Circ.

    A California federal judge wrongly denied H&R Block's bid to make two filers arbitrate allegations that it unlawfully shared private data with Meta and Google, the tax preparation company told the Ninth Circuit, disputing the district court's finding that an underlying arbitration agreement is too unfair.

  • July 21, 2026

    DC Circ. Revives Challenge To EPA's $3B Grant Cut

    The D.C. Circuit on Tuesday revived a lawsuit challenging the U.S. Environmental Protection Agency's termination of nearly $3 billion in environmental justice grants, saying a district court had neglected a key jurisdictional question when it dismissed the suit.

  • July 21, 2026

    DC Circ. Backs FAA In Conn. Airport Fight After Seven County

    The D.C. Circuit ruled Tuesday that the Federal Aviation Administration sufficiently analyzed the environmental impacts of a regional Connecticut airport expansion project, saying the U.S. Supreme Court's Seven County ruling made clear that courts cannot override agencies' reasonable National Environmental Policy Act judgments or explanations.

  • July 21, 2026

    NJ High Court Affirms No Arbitration For PIP Fraud Suits

    The New Jersey Supreme Court on Tuesday affirmed that insurance fraud and racketeering claims can't be forced into the state's personal injury protection arbitration system, finding the process too narrow for complex fraud litigation.

  • July 21, 2026

    Canon Notches Another Fed. Circ. Win In Inkjet Patent Fight

    The Federal Circuit on Tuesday declined to reboot claims in a Slingshot Printing patent covering a printhead for an inkjet printer challenged by Canon at the Patent Trial and Appeal Board, less than a week after the appeals court backed decisions invalidating claims in three similar patents.

  • July 21, 2026

    High Court To Hear Alaskan Pilot Plane Forfeiture Case

    The U.S. Supreme Court has agreed to review a case in which the Alaska Supreme Court held that a pilot must forfeit his $95,000 plane to the state for transporting a six-pack of beer in a dry village.

  • July 21, 2026

    Fed. Circ. Restarts Treadmill Patent Infringement Case

    The Federal Circuit on Tuesday revived a case in which treadmill maker Woodway USA Inc. sued exercise equipment company Lifecore Fitness Inc., saying Lifecore was granted a win based on an overly narrow claim construction.

  • July 21, 2026

    Wyeth's Patent Loss Has Attys Focusing On Dosage

    The Federal Circuit's holding that a Pfizer unit's cancer treatment patents are invalid highlights the risk of including dosages in patents without sufficient proof that those dosages work, attorneys say.

  • July 21, 2026

    DC Circ. Affirms Argentina Must Pay $391M Arbitral Award

    The D.C. Circuit on Tuesday affirmed the enforcement of a $391 million arbitral award issued against Argentina in a 17-year-old dispute over the renationalization of its state-owned airline, rejecting arguments that the petition was filed too late.

Expert Analysis

  • NY Defamation Carveout Hinges On Causation, Not Labels

    Author Photo

    A New York federal court's decisions in two cases involving tortious interference claims, and the recent Second Circuit ruling in Satanic Temple v. Newsweek Digital, highlight that the dispositive question for alleged defamation is whether injury flows through reputation or through direct interference with a relationship, says attorney Andrea Natale.

  • The Hidden Settlement Problem In Complex Securities Cases

    Author Photo

    The Second Circuit's recent decision in Knapp v. Barclays is a reminder that in securities cases with complex corporate records, the tracing picture is rarely as settled as the complaint suggests, and that conversations in the early stages require everyone to work from the same underlying facts, says Peter Kamminga at JAMS.

  • Key Tips For Patenting Antibody-Drug Conjugate Inventions

    Author Photo

    Recent decisions highlight the significant challenges that can arise when patenting antibody-drug conjugates, which require strategic considerations for satisfying heightened written description and enablement requirements, says Xiaoban Xin at FisherBroyles.

  • Series

    Power To The Paralegals: Burnout As A Structural Problem

    Author Photo

    Law firm leadership can best retain their paralegals not by encouraging self-care, but by seeking top-down structural solutions for the quiet proliferation of responsibilities and the vicarious exposure to client trauma that particularly drive burnout in this vital role, says Erika Sneeringer at Brockstedt Mandalas.

  • Managing Post-IEEPA Tariff Refunds, Replacements And Risks

    Author Photo

    Companies and investors reeling from the rapid changes resulting from February's U.S. Supreme Court ruling that the International Emergency Economic Powers Act doesn't authorize tariffs should focus on understanding the duty refund process, the likely replacement tariffs and the operational ways they can minimize their tariff exposure, say attorneys at Debevoise.

  • 11th Circ. Ruling Reflects Shift In Digital Consent Frameworks

    Author Photo

    The Eleventh Circuit's recent decision in Tejon v. Zeus Networks that a browsewrap terms-of-service hyperlink was insufficiently conspicuous to bind a consumer to an arbitration agreement could accelerate a broader industry shift to clickwrap as the baseline for enforceable digital consent, say attorneys at Sheppard.

  • Class Actions At The Circuit Courts: June Lessons

    Author Photo

    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five recent rulings from cases involving allegations of internet data misuse, consumer fraud claims, immigration, insurance and First Amendment violation claims.

  • Fed. Circ. In May: Being Precise About 'About'

    Author Photo

    The Federal Circuit's decision in Enviro Tech v. Safe Foods last month illustrates the danger in attempting to expand claim scope with words of approximation, potentially causing claims to be invalid for lack of definiteness, say attorneys at Knobbe Martens.

  • Justices' FCC Fine Ruling May Weaken Agency Leverage

    Author Photo

    The U.S. Supreme Court's decision in Federal Communications Commission v. AT&T upheld the commission's forfeiture framework as consistent with Jarkesy, but it is also likely to reduce the effectiveness of the commission’s forfeiture proceedings as a collection and deterrence tool, say attorneys at Venable.

  • Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

    Author Photo

    An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

  • Google Antitrust Case Puts Spotlight On De Facto Exclusivity

    Author Photo

    Mozilla's recent amicus filing in U.S. v. Google arguing that its agreement to make Google the default search engine did not amount to de facto exclusivity highlights the growing debate over traditional indicators of exclusivity, with implications for any business that uses rebates, preferred contracts or volume incentives, says Chris Gowen at WilmU Farnan School of Law.

  • Justices' Montgomery Ruling Doesn't Expand Shipper Liability

    Author Photo

    Whether negligent hiring liability claims against shippers will increase after the U.S. Supreme Court's decision last month in Montgomery v. Caribe Transport II is anyone's guess, but the ruling itself will have no impact on shippers' actual liability in personal injury claims relating to trucking accidents, says Ronald Leibman at McCarter & English.

  • GHG Rescission Undermines State Climate Suit Preemption

    Author Photo

    As the U.S. Supreme Court considers the fate of state climate litigation in Suncor Energy Inc. v. Boulder County, it must confront the fact that the U.S. Environmental Protection Agency's rescission of its greenhouse gas endangerment finding has also removed the foundation for federal preemption of state climate suits, says attorney Gregg Goldfarb.

  • 3rd Circ. Decision Sheds Light On BIPA Bank Exemption

    Author Photo

    The Third Circuit's recent decision in McGoveran v. Amazon illuminates how courts are extending the Illinois Biometric Information Privacy Act's financial institution carveout beyond banks and insurers to technology vendors and other businesses handling biometric data, a defendant-friendly shift that still casts uncertainty around BIPA's enforcement, say attorneys at Dorsey & Whitney.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

    Author Photo

    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

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.