Appellate

  • July 08, 2026

    Biggest Rulings For Patent Attys In 2026: A Midyear Report

    The U.S. Supreme Court clarified the pleading standard for induced infringement of skinny labels, and the Federal Circuit opened the door to increased damages for patent owners. Here's what you need to know about these patent cases and other major decisions from the beginning of 2026.

  • July 08, 2026

    4 Colorado Cases To Watch For The Rest Of 2026

    A federal judge's ruling on whether the Trump administration can move U.S. Space Command's headquarters from Colorado to Alabama and a jury's determination of liability for a private prison operator in a forced labor class action are among the Colorado court cases to watch in the coming months. Here, Law360 looks at four Colorado cases to watch for during the rest of 2026.

  • July 08, 2026

    Florida Cases To Watch In The 2nd Half Of 2026

    New lawsuits over ChatGPT's role in a mass shooting on a Florida campus and a U.S. Supreme Court case that could upend most criminal trials in Florida are some of the litigation that the state's attorneys will be watching in the second half of 2026. ​​​​​​​Here, Law360 takes a look.

  • July 07, 2026

    6th Circ. Says MillerKnoll Owns Rights To Iconic Lamp Design

    The Sixth Circuit Tuesday refused to disturb a lower court's decision awarding intellectual property rights for late designer George Nelson's iconic bubble lamp to furniture company MillerKnoll, ruling that a 2006 royalty agreement authorized the company to use and own those rights.

  • July 07, 2026

    Entrepreneur Can't Sue Over Ex-Worker's Hill Testimony

    The D.C. Circuit on Tuesday nixed a multimillionaire executive's defamation suit against a former employee whose testimony to Congress helped secure passage of a law barring the arbitration of sexual assault and harassment claims, litigation that also sought to undo an arbitral award favoring the former employee.

  • July 07, 2026

    Webuild Wants Justices' Input In Row Over In-State Property

    Webuild has pressed the Third Circuit to delay sending a case over a $140 million arbitral award against the Italian construction giant back to lower court as it seeks U.S. Supreme Court review of a circuit decision reviving a Chilean company's bid to enforce the award.

  • July 07, 2026

    2nd Circ. Backs Judge's Immigration Cooperation Condition

    A Second Circuit panel on Tuesday said a New York federal judge reasonably imposed a supervised release condition that would require a Salvadoran citizen sentenced to prison in connection with an MS-13 gang shooting to cooperate with immigration authorities.

  • July 07, 2026

    Illinois Cases To Watch In 2026: Midyear Report

    Mead Johnson is set to go to trial this summer in the first case to make it to a jury in multidistrict litigation claiming baby formula caused a serious gut illness in premature infants, while the U.S. attorney's office in Chicago is facing a possible sanctions hearing over prosecutorial misconduct allegations in two Illinois cases on attorneys' radar for the rest of the year.

  • July 07, 2026

    5th Circ. Presses Ericsson Insurers On Terrorism Suit Defense

    A Fifth Circuit panel pushed insurers to explain why they should be allowed to avoid covering the defense of Ericsson Inc. against claims the company funded foreign terrorist organizations, asking Tuesday if Ericsson knew the money it gave out "was going to kill Americans."

  • July 07, 2026

    Fed. Circ. Wary Of Both Sides In DOE Breach Damages Row

    A panel of the Federal Circuit on Tuesday appeared skeptical of both sides' arguments concerning whether a $145 million judgment for three nuclear power plant owners over the U.S. Department of Energy's continued failure to accept spent nuclear fuel for disposal should be offset by the companies' investment earnings.

  • July 07, 2026

    Trump Seeks High Court Rehearing In Carroll Case

    President Donald Trump asked the U.S. Supreme Court to reconsider its decision to let stand a jury's $5 million verdict finding he sexually abused writer E. Jean Carroll in a department store dressing room.

  • July 07, 2026

    X Corp. Fights $8M Award Over Boulder Office Rent Credit

    Colorado appellate judges on Tuesday tested the limits of competing interpretations by X Corp. and its former landlord regarding a contract provision governing almost $5.8 million in rent credits the social media company says it's owed, weighing X's bid to undo an $8.2 million judgment in a rent dispute.

  • July 07, 2026

    8th Circ. Backs Ex-Wilbur-Ellis Workers In Trade Secret Suit

    The Eighth Circuit on Tuesday upheld a lower court's finding that agribusiness Wilbur-Ellis couldn't make its case that several former employees took off with its trade secrets when they went to a competitor.

  • July 07, 2026

    Fed. Circ. Side-Eyes No Sanctions For 'Very Bad' Game Patent

    A Federal Circuit panel seemed ready Tuesday to revive a company's bid for sanctions after it defeated Epic Tech LLC's patent case, with one judge calling the patent "very bad" and saying "if I were the district court judge in this case, I 100% would have granted the attorney's fees."

  • July 07, 2026

    9th Circ. Appears Icy Toward Calif. Captive Meeting Law

    The Ninth Circuit seemed hesitant Tuesday to unblock a 2-year-old California law that prohibits employers from punishing workers for skipping what are commonly known as captive audience meetings in which companies convey views about political or religious topics, with two judges suggesting that the statute infringes on employers' free speech rights.  

  • July 07, 2026

    5th Circ. Says Gov't May Be Liable For Steward's Truck Hit

    A Fifth Circuit panel said Tuesday that the government may owe damages to a woman a Customs and Border Protection agent and union officer struck with his truck, reversing a ruling that he was on an errand outside the scope of his work.

  • July 07, 2026

    Mass. Court Orders New Sex Abuse Trial Over Testimony

    A man found guilty of raping and sexually abusing girls in his family is entitled to a new trial, a Massachusetts appeals panel said Tuesday, finding that evidence of his prior bad acts was admitted improperly and may have overwhelmed and prejudiced the jury.

  • July 07, 2026

    Trucking Co. 'Predictive Model' Doesn't Moot OT, 9th Circ. Told

    Truck drivers denied overtime under a Fair Labor Standards Act carveout for interstate commerce urged the Ninth Circuit on Tuesday to find they're entitled to the pay, saying that they drove only within California and that their employers' "predictive model" order fulfillment system doesn't qualify their deliveries as interstate commerce.

  • July 07, 2026

    2nd Circ. Says Investor Can Keep Bed Bath & Beyond Profits

    The Second Circuit on Tuesday found that a late investor in defunct retailer Bed Bath & Beyond can keep the profits from its sale of the company's stock, rejecting claims that a contractual cap on the investor's share ownership was a sham.

  • July 07, 2026

    6th Circ. Revives Pilot's Disability Claims In Vaccination Row

    In an unpublished opinion issued Monday, a Sixth Circuit panel revived some disability claims brought against Kalitta Air LLC by a cargo pilot after he was fired for refusing to get a second COVID-19 vaccine because he suffered a severe reaction from the first dose.

  • July 07, 2026

    DC Circ. Backs Tax Bribery Convictions Despite Jury Error

    A D.C. Circuit panel refused on Tuesday to reverse a lower court's judgments against two men in connection to a bribery scheme carried out to evade $2.3 million in business tax obligations, finding a jury instruction error "harmless," among other unsuccessful arguments.

  • July 07, 2026

    8th Circ. Says Murder Charge Backs Sentence Enhancement

    The Eighth Circuit held that a prior third degree murder conviction counts as a crime of violence for purposes of a later sentencing enhancement in a gun case because the Minnesota state law in the murder case was substantially similar to the generic definition of murder.

  • July 07, 2026

    7th Circ. Rejects Internet Scammer's Phone Search Appeal

    Federal border agents did not need a warrant or probable cause before manually searching a fraudster's cellphone for evidence upon his return flight to the United States, the Seventh Circuit said Monday, keeping the evidence a part of his case.

  • July 07, 2026

    DC Circ. Nixes Part Of IAM Fund's $13M Liability Win

    The D.C. Circuit on Tuesday partially unraveled an early win for a multiemployer pension fund in a dispute over $13 million in withdrawal liability against several Illinois truck dealership companies, holding the lower court needed to recalculate some of the interest and damages assessed.

  • July 07, 2026

    11th Circ. Upholds Block of Fla. 'Stop WOKE' Law

    The Eleventh Circuit upheld a lower court's preliminary injunction on a Florida law that restricts classroom discussion of race and gender, finding on Tuesday that the law violates the First Amendment's free speech protections. 

Expert Analysis

  • Vax Ruling Offers Employer Tips For Handling Political Speech

    Author Photo

    A California appeals court's recent decision in Rademacher v. ABC, rejecting a "General Hospital" actor's suit alleging he was terminated for opposing a vaccine policy, demonstrates the importance of the employer's process, including neutral policies, documentation, and evidence of who knew what and when, say attorneys at Krevolin Horst.

  • O Brother, Where Art DAO? Jurisdiction Issues Abound

    Author Photo

    While there is a dearth of decisions examining a decentralized autonomous organization's citizenship for diversity jurisdiction purposes, Second Circuit case law has defined citizenship for other unincorporated entities, which may guide how courts evaluate an increasing number of cases involving DAOs, says Michael Mix at Morrison Cohen.

  • Protecting AI-Driven Innovation In Life Sciences IP

    Author Photo

    Recent developments, including the U.S. Patent and Trademark Office's evolving inventorship standards, and the impact of artificial intelligence on the "person of ordinary skill in the art" standard demand that life sciences companies elevate AI patent strategy to a top priority, says Sandra Haberny at Quinn Emanuel.

  • 2nd Circ. Ruling Notably Limits Sentencing Courts' Discretion

    Author Photo

    The Second Circuit’s recent decision in U.S. v. Dralle clarifies the bounds of sentencing courts’ ability to consider uncharged or co-defendant conduct without tying it to statutory sentencing factors, and it may have broader implications for limiting loss attribution in white collar and other criminal cases, say attorneys at Lowenstein Sandler.

  • High Court's Hikma Decision Reshapes 'Skinny Label' Suits

    Author Photo

    The U.S. Supreme Court's decision in Hikma v. Amarin marks a significant victory for generic drug manufacturers, but rather than putting an end to so-called skinny label inducement claims, it narrows and refocuses them, say attorneys at Sterne Kessler.

  • Opinion

    At High Court, Oil Cos.' Suncor Preemption Claims Fall Short

    Author Photo

    In Suncor Energy v. Boulder County, pending before the U.S. Supreme Court, oil and gas companies argue that municipalities' climate deception claims are equivalent to emissions standards for their industry — but the suit is ultimately incapable of imposing such standards, say Thomas McGarity at the University of Texas School of Law and James Goodwin at the Center for Progressive Reform.

  • 3 Disgorgement Questions Linger After Justices' SEC Ruling

    Author Photo

    While the U.S. Supreme Court’s recent decision in Sripetch v. U.S. Securities and Exchange Commission avoided placing new limits on the SEC’s disgorgement powers, it passed over several questions, including whether the commission can seek disgorgement when returning the money to investors isn't possible, says David Slovick at Kopecky Schumacher.

  • Checking For AI Errors Is Now A Two-Way Street

    Author Photo

    A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

  • Opinion

    Federal Circuit Should Implement Mini En Banc Process

    Author Photo

    To fulfill its mission of uniformity in patent law while avoiding the challenges of en banc hearings, the Federal Circuit should institute mini en bancs — allowing regular three-judge panels to exercise en banc powers unless a majority of the court says otherwise, says Joshua Sohn at the U.S. Department of Justice.

  • What's Next After Justices' Last-Mile Driver Arbitration Ruling

    Author Photo

    The U.S. Supreme Court's recent decision in Flowers Foods v. Brock, refusing to narrow the scope of a Federal Arbitration Act exemption for workers engaged in interstate commerce, gives previously unprotected workers access to litigation, but preserves two potentially powerful arguments for future proceedings, say attorneys at Husch Blackwell.

  • Series

    The Biz Court Digest: Shoring Up Corporate Law In Maryland

    Author Photo

    Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

  • How End Of SEC 'Gag Rule' Affects Free Speech Certiorari Bid

    Author Photo

    The Securities and Exchange Commission's recent rescission of the so-called gag rule, which forbade defendants in settlements from denying the SEC’s allegations, may sway the outcome of a petition to the Supreme Court in a case challenging the rule on First Amendment grounds, say attorneys at Troutman.

  • 2nd Circ.'s Embedded Video Ruling May Protect Publishers

    Author Photo

    The Second Circuit's recent decision in Richardson v. Townsquare, dismissing an infringement claim arising from an embedding of a YouTube-hosted interview, reaffirms a potent defense for publishers who regularly use social media platforms' embed functionality, says Amanda Harris at Jassy Vick.

  • Federal Officer Removal After Justices' La. Pollution Ruling

    Author Photo

    In the wake of the U.S. Supreme Court's recent ruling in Chevron USA v. Plaquemines Parish, companies seeking to use federal officer removal to move litigation out of state court should ask three questions, focusing on government contract language, federally directed activity and related conduct, say attorneys at Hollingsworth.

  • Series

    Competing At Poker Makes Me A Better Lawyer

    Author Photo

    Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

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.