Appellate

  • July 01, 2026

    5th Circ. Shields Apple From Sharing IP Docs With Xiaomi

    Apple Inc. and Blackberry Corp. do not have to share their patent licensing agreements beyond outside counsel for a Chinese rival involved in overseas litigation, the Fifth Circuit ruled, saying it was "premature" for a lower court to determine that German law and Indian law require the disclosure to in-house counsel.

  • July 01, 2026

    3 Federal Circuit Clashes To Watch In July

    A patent owner's effort to undo a Texas jury verdict clearing Samsung of infringing a wireless patent and an appeal of a ruling that Dartmouth College and a supplement maker owe $9 million for filing an "unreasonable" vitamin patent suit are among the cases the Federal Circuit will hear this month.

  • July 01, 2026

    NJ Cops Can Accept Warrantless Location Info From Feds

    A New Jersey appeals court has said it won't overturn the gun trafficking conviction of a man who was arrested in part due to cellphone location data that was acquired by federal law enforcement in Ohio, which didn't require a warrant to get the information.

  • July 01, 2026

    California Court Trims State Charges In Pelosi Hammer Attack

    A split California appeals court has ruled that the man who attacked Paul Pelosi, the husband of former House Speaker Nancy Pelosi, correctly obtained dismissal of several charges from his state court indictment.

  • July 01, 2026

    'Do Your Part,' Mass. Judge Chides Read Case Attys Post-Leak

    A Massachusetts judge on Wednesday lectured counsel in the high-profile civil case against Karen Read, the Massachusetts woman acquitted of murdering her Boston police officer boyfriend, to honor their ethical obligations after sensitive information leaked on social media.

  • July 01, 2026

    Fla. Panel Backs Permit Holders' Win In Miami Dock Suit

    A Florida appellate panel on Wednesday upheld a lower court win for two residents who took out a permit to build a dock at their Miami residence, finding that the dock didn't unreasonably obstruct a neighbor's view of the waterway. 

  • July 01, 2026

    6th Circ. Backs Smucker In Salmonella Coverage Dispute

    An alleged salmonella outbreak that potentially tainted peanut butter produced by J.M. Smucker Co. is a single occurrence under its commercial general liability policies, the Sixth Circuit affirmed Wednesday, saying Smucker's peanut butter production did not constitute 225 separate occurrences that are each subject to a $250,000 retainer.

  • July 01, 2026

    Conn. Justices Allow Death Damages Input After $8.5M Verdict

    The Connecticut Supreme Court will allow the Connecticut Defense Lawyers Association and the American Medical Association to weigh in on whether legally distinct damages are available for losing the ability to enjoy life's activities and for death itself as the justices consider an $8.5 million verdict against a knee surgeon's medical practice.

  • July 01, 2026

    Tatneft Fights 'Indefinite' Stay In $173M Ukraine Award Case

    One of Russia's largest oil companies pressed the D.C. Circuit on Tuesday to unpause litigation aimed at enforcing a confirmed $173 million arbitral award against Ukraine, saying that the proceedings have now been on hold for more than four years without any indication of when they might resume.

  • July 01, 2026

    High Court's Guardrails Won't Ease Fight Over Trans Athletes

    The U.S. Supreme Court's decision permitting states to ban transgender athletes from girls' sports was written in simple terms, but attorneys tracking the issue see the ruling as a flashpoint for further litigation.

  • July 01, 2026

    Ga. Justices Pass On Co.'s Challenge To Workers' RICO Suit

    The Georgia Supreme Court has declined to hear a construction company's challenge to an appellate ruling that revived a lawsuit from two former human resources directors who claimed they were fired for raising concerns about fraudulent work authorization records.

  • July 01, 2026

    Goldstein Calls Gov't's Attack On Text Messages 'Hypocrisy'

    Lawyers for convicted SCOTUSblog founder Thomas Goldstein have rejected prosecutors' claims that the famed U.S. Supreme Court lawyer may have deleted messages between himself and his poker backers, calling the government "hypocritical" after it had previously argued that Goldstein could authenticate the messages if he took the stand at trial.

  • July 01, 2026

    Doc Asks To Seek Defamation Punitive Damages Against CNN

    A doctor has asked the Florida Supreme Court to lift a stay on his petition to seek punitive damages against CNN over a 2015 story about pediatric surgery mortality rates, citing the high court's recent decision that lowered the evidentiary bar to add punitive damages claims.

  • July 01, 2026

    3rd Circ. Backs Sentence Bump For Gun's 1 Marred Serial No.

    A Third Circuit panel upheld a Pennsylvania man's sentence for possessing a firearm as a felon on Wednesday, finding that an enhancement applied since his pistol had one serial number defaced.

  • July 01, 2026

    NC Panel Says Worker Shooting Suit Belongs In Commission

    A North Carolina appellate panel on Wednesday sent a widower's suit over the shooting death of his wife by a coworker to the state's Industrial Commission, saying that new evidence produced after a previous appeal shows that the shooting was work-related and therefore falls under the state's Workers' Compensation Act.

  • July 01, 2026

    8th Circ. Keeps Missouri's 340B Contract Pharmacy Law Alive

    The Eighth Circuit declined Wednesday to temporarily block a Missouri law that bars drugmakers from imposing restrictions on federally funded providers that contract with pharmacies to distribute discount drugs in the 340B drug discount program.

  • July 01, 2026

    6th Circ. Affirms Mich. Airport PFAS Suit Belongs In State Court

    The international airport in Grand Rapids, Michigan, has failed at its second attempt to push into federal court Michigan's lawsuit over forever plastic pollution, allegedly caused by firefighting foam the airport used, after the Sixth Circuit ruled that the airport already tried identical arguments in the previous appeal.

  • July 01, 2026

    Panel Upholds Dentist's Conviction In Law Professor's Murder

    A Florida appeals court on Wednesday upheld the conviction of a periodontist found guilty in the murder-for-hire of Florida State University law professor Dan Markel, finding that the lower court did not err when it denied the defendant's request to move the trial from Tallahassee.

  • July 01, 2026

    3rd Circ. Tests FERC's Attention To Public Input In Hydro Case

    A Third Circuit panel Wednesday dug into whether the Federal Energy Regulatory Commission really listened to the concerns of residents of York County, Pennsylvania, about its initial approval of a hydroelectric project they claimed could lead to ecological and property damage.

  • July 01, 2026

    7th Circ. Backs Fraud Conviction Over WhatsApp Evidence

    The Seventh Circuit on Tuesday affirmed the wire fraud and money laundering conviction of a man who challenged the admission of incriminating WhatsApp messages between him and an uncharged co-conspirator into evidence, saying the government's use of his own pretrial discovery disclosures to authenticate the messages didn't violate his constitutional right to testify.

  • July 01, 2026

    4 Big Colorado Rulings So Far In 2026

    Insurance law took center stage in Colorado's appellate courts during the first half of 2026, but civil rights litigation produced its own notable mark on the landscape. Here, Law360 breaks down four major rulings in Colorado courts from the first half of 2026.

  • July 01, 2026

    3rd Circ. Says Hidden Bank Accounts Count As Tax Evasion

    The Third Circuit found a Pennsylvania insurance business owner guilty of two counts of tax evasion, affirming Wednesday a lower court jury's conclusion that he willfully concealed a bank account on 2016 tax forms while the IRS was pursuing collection action against him.

  • July 01, 2026

    Split Fed. Circ. Backs Block On Generic Of Otsuka Neuro Drug

    A split Federal Circuit panel on Wednesday supported a lower court's temporary block on Hetero Labs from selling a generic version of Otsuka's neurological disorder drug, even as it disagreed with the decision to waive Otsuka's requirement to post a bond while the case proceeds.

  • July 01, 2026

    5th Circ. Says Vape Co. Deserves Jury Trial For $19K HHS Fine

    A split Fifth Circuit panel has thrown out a $19,192 civil penalty against a Texas vape seller issued by the Department of Health and Human Services, saying the company is entitled to a jury trial under the Seventh Amendment and recent U.S. Supreme Court precedent.

  • July 01, 2026

    Pa. Court's Verizon Tower Approval Comes With New Test

    A Pennsylvania appellate court Wednesday set new standards for wireless providers like Verizon to seek local zoning variances, upholding approval of a Lehigh County cell tower while throwing out old Federal Communications Commission guidance on interpreting the Telecommunications Act of 1996.

Expert Analysis

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

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    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

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    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

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    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

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    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

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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.

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