Appellate

  • July 28, 2026

    1st Circ. Asked To Save Mayer Brown $21M Fee Bid In RI Suit

    The American Trucking Associations told the First Circuit that its attorneys at Mayer Brown LLP reasonably justified their request for $21 million in fees and costs after securing "substantial" wins in long-running litigation over Rhode Island's truck tolling program, disputing a district court's determination that the trucking trade group wasn't actually a "prevailing party."

  • July 28, 2026

    States Back Guam Group In High Court Disposal Permit Fight

    A coalition of states has told the U.S. Supreme Court that the U.S. Air Force must comply with separate, complementary environmental laws over its permit renewal application to detonate expired munitions in Guam, arguing the laws have distinct aims.

  • July 28, 2026

    Colo. Panel Questions If Concert Easement Appeal Is Moot

    A Colorado Court of Appeals panel Tuesday largely sidestepped the underlying statutory questions in a mountain town's appeal over the dismissal of its case seeking condemnation of an easement over a concert series, instead pondering why they were being asked to rule on the appeal at all.

  • July 28, 2026

    1st Circ. Wary Of Reinstating 'Fork In The Road' Suit

    A First Circuit judge on Tuesday questioned the repercussions of a court nixing the Trump administration's deferred-resignation program more than a year after federal workers accepted the buyouts. 

  • July 28, 2026

    Climate Change Suit Must Proceed, Boulder Tells High Court

    The city and county of Boulder, Colorado, have urged the U.S. Supreme Court to let stand a Colorado Supreme Court decision allowing their climate change tort against Exxon Mobil and Suncor Energy to proceed, arguing that the justices shouldn't short-circuit the state court proceedings.

  • July 28, 2026

    Mass. Justices Affirm New Trial In '93 Murder Case

    Massachusetts' highest court ruled Tuesday that a decades-old murder conviction based on eyewitness testimony cannot stand, citing new DNA evidence and other information that called into question the reliability of a key witness.

  • July 28, 2026

    Wash. Panel Upholds DoorDash's $14.5M Insurance Penalty

    DoorDash must pay $14.5 million in taxes and penalties for failing to pay its Dashers' industrial insurance premiums each quarter from 2017 to 2019, Washington appellate judges ruled Tuesday, finding the Dashers were covered workers under state law since their personal labor was the essence of their contracts.

  • July 28, 2026

    DC Circ. Backs EPA's Pollution Review Regulation Process

    A D.C. Circuit panel sided with the U.S. Environmental Protection Agency in its fight with environmental groups challenging rules for determining whether modifications to major pollution sources trigger new review, holding Tuesday the rule is neither inconsistent with the Clean Air Act nor arbitrary and capricious.

  • July 28, 2026

    Cannabis User Urges 8th Circ. To Rehear Gun Case

    A man convicted of possessing a pistol while using marijuana is urging the Eighth Circuit to rehear his case, arguing that its prior decision to uphold his guilt conflicts with the appeals court's prior ruling requiring the government to prove that a person's drug use caused their dangerous behavior.

  • July 28, 2026

    11th Circ. Weighs Waiver In $12.2M Solar Farm Coverage Case

    An Eleventh Circuit panel grappled Tuesday with whether Zurich American Insurance Co. should be freed from a $12.2 million verdict finding it shortchanged a Georgia solar farm's storm damage claim, with one judge seeming to side with the farm's argument that a waiver of a flood deductible was possible.

  • July 28, 2026

    No COVID Immunity For Mich. Hospitals In Malpractice Revival

    Just because a motion is unopposed doesn't mean it should be granted, Michigan appellate judges said in a published opinion Tuesday, reversing a trial court's decision that the Pandemic Health Care Immunity Act shielded Beaumont Hospital Farmington Hills from a medical malpractice suit.

  • July 28, 2026

    3rd Circ. Upholds Alecto Health's Small-Biz Ch. 11 Plan

    The Third Circuit affirmed Tuesday that hospital owner Alecto Healthcare Services' streamlined Chapter 11 and the resulting plan confirmation withstood an appeal by a creditors' group.

  • July 28, 2026

    2nd Circ. Says Racist Mass Shooter Can Face Death Penalty

    The Second Circuit has determined that the federal government can seek the death penalty for a white supremacist, Payton S. Gendron, who murdered 10 Black people and wounded three others during a May 2022 mass shooting at a supermarket in Buffalo, New York, that he partly livestreamed.

  • July 28, 2026

    8th Circ. Keeps Some Claims Alive In Jail Macing Suit

    The Eighth Circuit has partially revived a lawsuit brought by four incarcerated people in a St. Louis jail, finding that guards at the facility should not be granted complete qualified immunity from claims that they used excessive force.

  • July 28, 2026

    4th Circ. Says DOL Can Argue In Lockheed Pension Suit

    A Fourth Circuit panel granted the U.S. Department of Labor's request to participate in oral arguments for a Lockheed Martin Corp. appeal challenging a Maryland federal judge's refusal to dismiss a proposed class action challenging a $9 billion pension risk transfer.

  • July 28, 2026

    Pa. Panel Narrows Test For Tax Exemption On Charities' Land

    A Pennsylvania appeals court panel held Tuesday that the Salvation Army was wrongly denied a real estate tax exemption for an outdoor retreat by the organization, saying that the entire property was operated in keeping with the group's charitable mission.

  • July 28, 2026

    Fed. Circ. Won't Rethink Expert Decision In Microsoft Case

    The Federal Circuit has turned down Microsoft's request that it revisit a panel's decision that reopened the damages amount issue in a patent infringement case brought against the tech giant by Israeli company Exafer Ltd.

  • July 28, 2026

    Court Is In Session Whenever A Judge Says It Is, 6th Circ. Told

    Court is wherever and whenever a judge says it is, counsel for a Detroit judge told a Sixth Circuit panel Tuesday, arguing that subjecting a student to a mock arrest and trial because she fell asleep during a field trip was within his jurisdiction.

  • July 28, 2026

    High Court Asked To Take Another Settled Expectations Case

    E-learning company Kahoot Inc. is pushing the U.S. Supreme Court to take up its challenge to the U.S. Patent and Trademark Office's practice of using settled expectations as a reason to deny patent reviews, marking the second petition before the high court on the issue.

  • July 28, 2026

    1st Circ. Skeptical That JPMorgan AI Tool Broke Mass. Law

    A First Circuit panel appeared doubtful Tuesday that an artificial intelligence-powered applicant screening tool used by JPMorgan Chase & Co. constituted the kind of lie detector test that Massachusetts law bars employers from using in interviews. 

  • July 28, 2026

    Texas Panel Says Sysco Can't Arbitrate Driver Injury Claim

    A Texas appeals court on Tuesday found that Sysco USA I Inc. cannot compel arbitration in a delivery driver's injury suit, as the driver is exempt from the Federal Arbitration Act as a transportation worker.

  • July 28, 2026

    340B Appellate Cases To Watch In The 2nd Half Of 2026

    Drugmakers are pressing appellate judges in the back half of 2026 to strike down state laws blocking them from restricting 340B contract pharmacy arrangements. Law360 Healthcare Authority has the cases to watch.

  • July 28, 2026

    Nielsen Says 2nd Circ. Ruling Makes Courts Price Regulators

    Nielsen has asked the Second Circuit to reconsider a ruling upholding an injunction in a case from Cumulus accusing it of tying sales of its national radio ratings data to its local offerings, telling the appeals court the ruling turns judges into price regulators.

  • July 28, 2026

    Minn. Schools' Hail Damage May Be Covered, 8th Circ. Says

    The Eighth Circuit revived a Minnesota school district's suit seeking coverage for hail damage to the roofs of two schools, finding that the damage may fall outside a cosmetic damage exclusion if it weakened the roofs' ability to withstand the elements to the same extent as before the storm.

  • July 27, 2026

    7th Circ. Revives Suit Over Chobani's 'Sugar Free' Labeling

    The Seventh Circuit Monday resurrected a proposed class action claiming Chobani misled customers by labeling its yogurt as "sugar free," ruling that the naturally occurring sweetener in the yogurt constitutes a sugar under federal regulation and thus the customers have plausibly alleged consumer deception.

Expert Analysis

  • After Durnell, Connecting Science And Causation Will Be Key

    Author Photo

    The U.S. Supreme Court's June 25 decision in Monsanto v. Durnell narrowed label-based failure-to-warn claims — meaning that going forward, viable theories will depend even more on whether experts can reliably connect scientific evidence to the causal proposition the law requires, says Alex Smolak at Weill Cornell Medicine-Qatar.

  • Series

    Choral Singing Makes Me A Better Lawyer

    Author Photo

    Singing in the New York City Bar Chorus — a hobby partly inspired by the late U.S. District Judge Richard Owen, who infused my clerkship year with opera music — has improved my legal career by refining my abilities to listen, exude confidence and develop emotional intelligence, says Bonnie Baker at Friedman Kaplan.

  • Attorney Mental Health Is An Ethical Obligation In The AI Era

    Author Photo

    As attorneys cope with the increasing unpredictability that artificial intelligence and constant policy changes have created, particularly in practice areas where they carry the emotional weight of clients’ most consequential life events, otherwise soft discussions about self-care are a matter of professional competence, says attorney Jack Jrada.

  • Tariff Refunds May Reshape Loan Covenant Calculations

    Author Photo

    Tariff refunds issued after the U.S. Supreme Court's Learning Resources decision may complicate borrowers' covenant calculations depending on accounting treatment, the timing of recognition, customer reimbursement obligations and credit agreement language, say attorneys at Mayer Brown.

  • The Case For Using Final-Offer Damages Forms In IP Suits

    Author Photo

    Recent Federal Circuit decisions, such as Ollnova v. Ecobee, that scrutinize verdict forms in patent infringement disputes potentially render the final-offer damages selection procedure more attractive, though it should not be seen as a replacement for patent damages doctrine, says Brandon Theiss at Addy Hart.

  • 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.

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.