Appellate

  • July 24, 2026

    Ala. Ruling Leaves Executions In Uncharted Waters

    Last month, a federal district judge ruled that Alabama's nitrogen hypoxia execution protocol violated the Eighth Amendment, an unprecedented decision that upended the state's death penalty process. Now, death row prisoners who chose nitrogen execution face uncertainty as Alabama seeks to execute them instead by lethal injection.

  • July 24, 2026

    Meta Says AGs' Suit Can't Proceed As 9th Circ. Reviews CDA

    Meta Platforms Inc. is asking the Ninth Circuit to order a stay on its upcoming trial on allegations from 29 states that Facebook and Instagram are intentionally addictive to the detriment of youths' mental health, saying the case can't go forward while the circuit court reviews whether Section 230 of the Communications Decency Act blocks the claims.

  • July 24, 2026

    Ex-Fla. State Atty Candidate Seeks Anti-SLAPP Fees From Bar

    A former candidate for Florida's Twentieth Judicial Circuit state attorney is seeking attorney fees, damages and costs from the Florida Bar under the state's anti-SLAPP statute after the state Supreme Court cleared him of wrongdoing in a bar complaint.

  • July 24, 2026

    Arbitration Court To Hear Senegal-Morocco Soccer Dispute

    The Court of Arbitration for Sport on Friday announced that it would hear the appeal by Senegal's national soccer federation of the decision to take away its Africa Cup of Nations championship game victory and award it to Morocco.

  • July 24, 2026

    Goldstein Gets 6-Year Sentence, Bond Revoked

    Thomas Goldstein, the famed U.S. Supreme Court attorney and founder of SCOTUSblog whose turn into the world of ultra-high-stakes poker ultimately landed him federal tax and mortgage fraud convictions, was sentenced to six years in prison; he was taken into custody and out of court in handcuffs Friday.

  • July 24, 2026

    HSF Kramer Hires Haynes Boone's Supreme Court Chair

    Herbert Smith Freehills Kramer LLP announced Friday that it had added the leader of Haynes Boone's U.S. Supreme Court practice, who joins the firm as co-lead focused on appellate work and the nation's highest court.

  • July 24, 2026

    Fed. Circ. Backs Invalidating More PTAB Railcar Patent Claims

    The Federal Circuit on Friday backed another Patent Trial and Appeal Board decision that claims in an Amsted Rail Co. Inc. patent on monitoring trains were invalid, less than two months after affirming similar board decisions on two other patents.

  • July 24, 2026

    Top Product Liability Cases Of 2026: Midyear Report

    In one of the most-watched cases for product liability so far this year, the U.S. Supreme Court ruled that failure-to-warn claims about the alleged cancer risks of Monsanto's widely used pesticide Roundup are barred by federal law. Social media titans were also rocked by the first verdicts delivered in cases alleging mental health harms to youth.

  • July 24, 2026

    Federal Vote Costs Mexican Removal Relief

    A Mexican man who admitted to voting in a federal election lost a bid to undo his removal after the Board of Immigration Appeals ruled that the fact he did not know he was ineligible to vote did not matter.

  • July 24, 2026

    5th Circ. Affirms Defeat Of French Co.'s Bid For Exxon Docs

    A Texas federal court provided sufficient reasoning for its decision to quash a request to subpoena Exxon Mobil Corp.'s records for use in a French derivative suit alleging mismanagement of a former affiliate, a Fifth Circuit panel affirmed.

  • July 24, 2026

    Kalshi Wants NY Sports Wagers Shielded As Deadline Nears

    Kalshi is asking the Second Circuit for an emergency order to safeguard its sports-related contracts from New York regulators, which have promised to hold off on any enforcement actions against the company only through July 30.

  • July 24, 2026

    5 TM Cases & 1 Strategy To Watch In 2026's Second Half

    The U.S. Supreme Court will weigh a trademark dispute that asks whether juries or judges should decide if a mark is inherently strong, while courts will continue testing the impact of the justices' Jack Daniel's decision over a key test in trademark infringement cases. Here are Law360's picks for trademark cases to watch for the rest of the year.

  • July 24, 2026

    7th Circ. Says Jurors Should Weigh HR Manager's Bias Suit

    The Seventh Circuit reopened a human resources manager's lawsuit accusing a metal castings company of firing her for investigating and documenting workplace harassment, ruling a jury should have a chance to determine whether her termination was connected to her reports.

  • July 23, 2026

    NJ Panel Backs Doc In Malpractice Case Over Missed Cancer

    A New Jersey appeals court Thursday tossed a suit accusing a doctor of negligent medical treatment which led to a three-year delay of a patient's cancer diagnosis, saying the patient's medical expert did not properly allege that the delay caused harm.

  • July 23, 2026

    Judge's Deportation Probe 'Off The Rails,' DOJ Tells DC Circ.

    The Trump administration urged the full D.C. Circuit to either order U.S. District Judge James Boasberg to terminate his criminal contempt inquiry into the administration's Alien Enemies Act removals last year, or order him to forgo live testimony in the probe.

  • July 23, 2026

    Mich. Justices Bar SORA Provision For Non-Sex Crimes

    The Michigan Supreme Court has ruled unconstitutional part of a state law that lets judges impose sex-offender registration on people convicted of any felony if they committed a sex crime before the law took effect three decades ago.

  • July 23, 2026

    11th Circ. Argues Legality Of Fishery Council Over Catch Limits

    An Eleventh Circuit panel appeared wary Thursday as it weighed whether members of a regional fishery management council were lawfully appointed, in challenge to a National Marine Fisheries Service regulation that sharply reduced how many gag grouper fish could be caught in the Gulf of Mexico.

  • July 23, 2026

    10th Circ. Won't Undo Crypto Firm Founder's 5-Year Sentence

    The Tenth Circuit refused to alter a cryptocurrency investment firm co-founder's five-year prison sentence and obligation to pay over $174,000 in restitution to victims of a fraud scheme he orchestrated, writing the district court's sentencing and loss amount estimation was reasonable.

  • July 23, 2026

    Texas Panel Overturns Abortion Injunction Against Midwife

    A Texas appellate court overturned a temporary injunction against a licensed Houston-area midwife accused by state prosecutors of violating Texas' abortion ban, finding Thursday a trial court wrongly admitted probable-cause affidavits from a related criminal case.

  • July 23, 2026

    PTAB Revives Ioengine Data Patent In Roku Reexam Case

    The Patent Trial and Appeal Board has reversed an examiner's decision to strike claims in an Ioengine LLC data processing patent that was challenged by Roku, faulting the examiner's reading and application of relevant pieces of prior art.

  • July 23, 2026

    8th Circ. Says Vendor Didn't Show Major Harm In Bank IP Fight

    The Eighth Circuit on Thursday upheld a Missouri federal judge's refusal to block Commerce Bank from using software that a vendor alleges was developed with its trade secrets, ruling the vendor failed to show it was likely to suffer harm that could not be remedied later.

  • July 23, 2026

    Panel Says Interest Must Wait Until Drilling Costs Are Repaid

    A Colorado appellate panel unanimously held Thursday in a first impression ruling that the holder of an overriding royalty interest carved out of a nonconsenting oil and gas owner's stake can't collect payments until consenting owners who fronted development costs have recovered those costs and a statutory penalty.

  • July 23, 2026

    Firm Must Share Sanctions In Door IP Suit, Fed. Circ. Says

    The Federal Circuit on Thursday refused to let a law firm off the hook for about $23,000 in sanctions implemented by a federal judge for not complying with a discovery order in a door manufacturing patent case, ruling that the judge did not improperly rely on a letter the firm said he did.

  • July 23, 2026

    Creek Freedmen Sue Tribe To Enforce Citizenship Ruling

    Members of the Muscogee Creek Black Freedmen are asking a federal court to block officials with Oklahoma's Muscogee (Creek) Nation from denying them citizenship, saying in a lawsuit brought Thursday that those governmental leaders are defying a tribal Supreme Court ruling that gave them the right.

  • 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.

Expert Analysis

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

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    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

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    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.

  • Series

    Moshing Makes Me A Better Lawyer

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    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • High Court Ruling Casts Doubt On Status-Based Gun Bans

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    The U.S. Supreme Court’s recent ruling in U.S. v. Hemani demonstrates that the justices are increasingly skeptical of broad theories of categorical disarmament and clarifies that dangerousness cannot simply be presumed from one's status or membership in a statutory category, such as illegal drug use, says Lee Francis at Widener Law.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

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    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • Steps For Employers After 7th Circ. BIPA Retroactivity Ruling

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    The Seventh Circuit's recent ruling in Clay v. Union Pacific sharply limits per-scan statutory damages theories in pending Biometric Information Privacy Act cases by retroactively applying a 2024 amendment, but employers should not mistake the holding for a broad safe harbor, say attorneys at Thompson Coburn.

  • How NEPA Review Has Changed Since Seven County

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    A year after the U.S. Supreme Court's decision in Seven County Infrastructure Coalition v. Eagle County instituted major changes to judicial review under the National Environmental Policy Act, courts are effectively applying the decision, but where things go from here may be up to agencies and project proponents, say attorneys at Venable.

  • A Midyear Look At Antiterrorism Act Jurisprudence And Policy

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    Plaintiffs have filed comparably fewer new actions under the Antiterrorism Act this year, though a handful of key decisions further defined the statute’s aiding-and-abetting standard and highlighted continuing risks for financial services companies, say attorneys at Skadden.

  • Justices' ICA Ruling Provides Certainty For Regulated Funds

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    The U.S. Supreme Court's recent ruling in FS Credit v. Saba that a contract-rescission provision of the Investment Company Act does not provide investors with a private right of action is a victory for the regulated fund industry, emphasizing that where Congress intended to create private remedies, it did so expressly, say attorneys at Simpson Thacher.

  • Justices' Obstruction Ruling Clears Venue-Challenge Path

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    While the U.S. Supreme Court’s recent ruling in Abouammo v. U.S. poses venue challenges for federal obstruction of justice prosecutions, it is a gift for defense counsel because it offers a clean, constitutional basis to challenge venue where a place of falsification and a place of investigation diverge, says Liz Aloi at MoFo.

  • Drawing A Line Between Settlement Pressure And Extortion

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    U.S. v. Luo, pending in the U.S. District Court for the Southern District of New York, may force courts to address anew when settlement negotiations become criminal extortion, particularly in the age of easily fabricated digital evidence, says attorney Denis Kiely.

  • Recent Cases Clarify When Risk Disclosures Trigger Liability

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    Several recent decisions highlight circumstances where risk disclosures can constitute actionable misrepresentations, providing clarity on how the Private Securities Litigation Reform Act's safe harbor and the common-law bespeaks caution doctrine apply to risk disclosures, and how publicly traded companies can guard against such claims, say attorneys at Katten.

  • Securities Class Cert., 5 Years After Goldman Ruling

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    The U.S. Supreme Court's 2021 decision in Goldman Sachs Group v. Arkansas Teacher Retirement System has not only armed defendants in securities cases with more arguments in individual class certification fights, but may also be providing greater certainty and finality in class certification battles, say attorneys at Skadden.

  • Opinion

    Md., Colo. Climate Rulings Point To Need For Federal Solution

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    As the U.S. Supreme Court prepares to review the Colorado Supreme Court's 2025 ruling in Boulder County v. Suncor U.S. Inc., which green-lit a state-level climate lawsuit, a recent conflicting ruling from the Maryland Supreme Court underscores why a uniform federal answer on climate litigation is needed now, says Phil Goldberg at Shook Hardy.

  • High Court's FCC Ruling Adds To Comms Industry Paradox

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    The Supreme Court's recent decision in Federal Communications Commission v. AT&T, finding that the FCC's informal forfeiture process survives Seventh Amendment scrutiny, opens some doors for regulated entities, but the practical effect may be surprisingly constrained, says Jonathan Marashlian at The CommLaw Group.

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