Appellate

  • July 27, 2026

    Conn. Justices Clarify Guilt-Inference Jury Instructions

    The Connecticut Supreme Court placed new guardrails around consciousness-of-guilt jury charges in criminal trials, refusing Monday to rewrite model instructions or toss a conviction but cautioning trial judges to convey the positions of both prosecutors and defendants in a "neutral and balanced" manner.

  • July 27, 2026

    DC Circ. Overturns Its Own Holocaust Art Ruling

    The D.C. Circuit has substantially vacated its ruling ending long-running litigation brought by the descendants of a Hungarian Jewish art collector seeking the return of a priceless art collection looted by the Nazis, citing the passage of a new law.

  • July 27, 2026

    Google Can't Get 2nd Try At Eliminating Network-1 Patent

    A New York federal judge has denied Google's request for a second attempt at invalidating a patent asserted by a patent licensing company, rejecting its arguments that a Federal Circuit decision from last month made another try necessary.

  • July 27, 2026

    Fertilizer Biz Asks Justices To Reverse Idaho Tribal Land Swap

    An Idaho agribusiness is asking the U.S. Supreme Court to undo a Ninth Circuit decision that invalidated a U.S. Department of the Interior land transfer over tribal concerns of contamination from a planned fertilizer plant expansion, arguing the ruling undermines the country's food security, thousands of jobs and millions in economic activity.

  • July 27, 2026

    NJ Justices Set 3rd-Party Legal Fee Rules In Criminal Cases

    The New Jersey Supreme Court on Monday set forth parameters for third-party legal fee arrangements in criminal cases, upholding a murder conviction on the grounds that no conflict of interest resulted from a state witness paying his lawyer and finding that third‑party payments don't create per se conflicts of interest.

  • July 27, 2026

    Ga. Gov. Appoints Attys To Judgeship, DA Roles

    Georgia Gov. Brian Kemp has appointed a Dodd & Burnham partner and the managing partner of Walker Hulbert Gray and Moore LLP to serve as Superior Court judges and two attorneys as district attorneys.

  • July 27, 2026

    10th Circ. Upholds Colo.'s $3-A-Day Rental Car Fee

    The Tenth Circuit upheld Colorado's up-to-$3-a-day congestion impact fee on short-term vehicle rentals Monday, ruling that the charge falls on consumers rather than airport rental car companies.

  • July 27, 2026

    Hemp Co. Says DEA Defied Farm Bill By Banning HHC

    A North Carolina hemp company challenging the legality of a recent U.S. Drug Enforcement Administration rule designating a psychoactive hemp-derived compound as a Schedule I substance has told the Fourth Circuit that the agency defied Congress when it issued the rule.

  • July 27, 2026

    Cannabis In The Courts: A Midyear Litigation Review

    In the first half of 2026, lawsuits taking aim at recent federal shifts in cannabis policy, a federal ban on marijuana users owning firearms and purported residency criteria in state cannabis licensure programs were argued in multiple courts across the country.

  • July 27, 2026

    Trump Admin Appeals Partial Block On Mail Ballot Order

    The Trump administration has asked the U.S. Supreme Court to step in after the First Circuit declined on Saturday to lift a lower court's order prohibiting the administration from enforcing restrictions on mail-in balloting in 23 states and the District of Columbia in this year's general election.

  • July 27, 2026

    Pa. Felony Murder Bill Deadline Expires With No New Rules

    The deadline for Pennsylvania lawmakers to pass new sentencing rules for second-degree murder has passed, after the state Supreme Court didn't act Friday on a request to extend the delay on their ruling that mandatory life sentences for second-degree murder are unconstitutional.

  • July 24, 2026

    2nd Circ. Partly Revives NYC Employee's Disability Case

    The Second Circuit Friday vacated a lower court's dismissal of a New York City employee's suit claiming the city failed to accommodate his disability, although it said the trial court was correct in tossing the employee's discrimination and retaliation claims.

  • July 24, 2026

    1st Circ. Won't Stay Decision Blocking $100K H-1B Visa Fee

    The First Circuit on Friday refused to stay a Massachusetts federal court's order throwing out President Donald Trump's $100,000 fee for certain skilled-worker visas while the administration appeals the ruling.

  • July 24, 2026

    Abbott Wins 7th Circ. Fight Over Baby Formula Warning

    The Seventh Circuit on Friday refused to revive a woman's claims that Abbott Laboratories failed to warn about the dangers of a Similac-brand infant formula her baby drank before dying of a serious gastrointestinal disease, saying she failed to show that her suggested alternative warning would have saved her baby.

  • July 24, 2026

    'False Innuendo': Sanctioned Davis Wright Atty Rips Fee Bid

    A Davis Wright Tremaine LLP partner sanctioned for subpoena tactics is fiercely contesting a plaintiffs firm's six-figure fee bid, telling a California federal court that the request misleadingly cites alleged misconduct in separate litigation, reflecting a "naked attempt to prejudice the court's view of counsel."

  • July 24, 2026

    5th Circ. Partly Upholds Block On Texas Content Filtering Law

    A Fifth Circuit panel on Friday affirmed in part a lower court's injunction blocking Texas' new law forcing companies to filter content for underage users, though it said other portions of the law, including an age-verification requirement, were permissible.

  • July 24, 2026

    Panel Asks Fla. Justices To Clarify Right-To-Counsel Rule

    A Florida appeals court has concluded that while a man's sexual battery conviction should remain in place, the state's highest court should determine whether the Florida Constitution allows attorney-client conversations during a recess when barred by a trial judge.

  • July 24, 2026

    4th Circ. Backs Parental Limits Under Juvenile Visa Program

    The Fourth Circuit affirmed Friday that the parents of immigrant children who receive visas through a special classification for kids who have been abused, neglected or abandoned cannot seek a path to legal residency through their children.

  • July 24, 2026

    Apple Beats Bid To Revive COVID App Antitrust Suit

    The D.C. Circuit on Friday refused to revive an antitrust lawsuit that accuses Apple of unlawfully tying its iPhone to its App Store and monopolizing access to COVID-19 tracing apps, saying an app developer that sued the tech giant failed to plausibly allege relevant product markets for its claims.

  • July 24, 2026

    9th Circ. Revives Ex-Kaiser Worker's Vaccine Bias Suit

    A Ninth Circuit panel Friday revived a former Kaiser Permanente employee's discrimination suit accusing The Permanente Medical Group Inc. of unlawfully firing her for refusing a mandatory COVID-19 vaccine, ruling that the worker adequately informed the company of the vaccine's conflict with her sincerely held religious beliefs.

  • July 24, 2026

    11th Circ. Revives Challenge To Ga. Gun Carry Age Limits

    The Eleventh Circuit revived a challenge to a Georgia statute that prohibits adults under the age of 21 from obtaining weapons carry licenses and carrying handguns in public on Friday, sending the case back to a lower court to consider it in light of recent U.S. Supreme Court precedent.

  • July 24, 2026

    Fla. Panel To Prosecutors: 'Double-Check' Charging Docs

    Florida appellate judges reversed a man's fentanyl trafficking conviction Friday after finding the substance found on him during a traffic stop was not fentanyl, but a fentanyl derivative, remarking, "'issues like this should be avoided by the state taking a moment to double-check its charging documents.'"

  • July 24, 2026

    Mich. Panel Allows School Shooting Threat Case To Proceed

    A former high school senior accused of threatening to shoot his principal and teachers failed to escape criminal charges by claiming First Amendment protection, a Michigan Court of Appeals panel has ruled, saying the teen went beyond mere talk when he bought a shotgun and tried to buy two pistols.

  • July 24, 2026

    Full Fed. Circ. Urged To Reconsider Pfizer's Paxlovid IP Win

    Enanta Pharmaceuticals is asking the Federal Circuit to rethink its June refusal to revive a patent it had asserted against Pfizer over its COVID-19 treatment Paxlovid, saying the court acted beyond its authority.

  • July 24, 2026

    Balancing The Scales: Geofence Clarity, Post-Hunter Scrutiny

    The U.S. Supreme Court deemed geofence warrants as searches under the Fourth Amendment, and the justices’ ruling in Hunter spurs a conversation of what the bar should be for criminal appeal waivers. Here, Law360 highlights access to justice stories arising from litigation, verdicts and judgments you may have missed.

Expert Analysis

  • Judges On AI: Examining Administrative, Organizational Uses

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    U.S. District Judge Alan Albright of the Western District of Texas examines how artificial intelligence could transform a court's ability to deal with administrative work and organize materials when preparing for hearings or drafting opinions, thereby affording judges more time to resolve contested issues.

  • Why 4th Circ.'s Clean Water Act Injunction Ruling Matters

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    The Fourth Circuit's ruling last month in West Virginia Rivers Coalition v. Chemours, holding that a Clean Water Act permit violation does not automatically create a presumption of irreparable harm that requires a preliminary injunction, avoided a dramatic change in CWA enforcement. say attorneys at Hunton.

  • USPTO-Fed. Circ. Split Complicates Machine Learning Patents

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    The wide chasm between the USPTO's and the Federal Circuit's approach to eligibility for machine learning patents means that patent drafters must avoid functional claiming and specifications if they hope to avoid invalidation of a machine learning patent at the appellate court, says attorney Michael Kiklis.

  • How 9th Circ. 'Shadow Trading' Case May Affect Private Credit

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    Private credit firms should not wait for a result in the Ninth Circuit appeal in U.S. Securities and Exchange Commission v. Panuwat to address material nonpublic information exposure under existing statutes and take steps to ensure their internal policies and surveillance are ready for increased regulatory scrutiny, says Steve Brown at StarCompliance.

  • 4 Cert. Denials Keep Personal Jurisdiction Issues Percolating

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    After the U.S. Supreme Court's decisions in Ford Motor v. Montana and Mallory v. Norfolk Southern Railway expanded limits on personal jurisdiction, the justices' denials this term of four certiorari petitions suggest they are content to let jurisdiction questions brew in lower courts before weighing in, say attorneys at Hunton.

  • Class Actions At The Circuit Courts: July Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings involving wage and hour allegations, medical care for incarcerated individuals, oil and gas royalty payments, and nuisance claims.

  • Flashpoints In Focus: Employer Risk After Trans Sports Ruling

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    Following the U.S. Supreme Court's recent decision in West Virginia v. B.P.J. that allowed states to limit trans women's participation in sports, schools must carefully navigate investigations and religious accommodations, as even lawful athletics policies can lead to employment claims, say attorneys at Seyfarth.

  • Inside Differing State Approaches To Prediction Market Taxes

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    As states adopt divergent approaches to prediction market platforms through both legislation and litigation, and the landscape is anything but settled, the emerging patchwork of state taxes on prediction markets presents novel questions about characterization, preemption and compliance, say attorneys at Holland & Knight.

  • After Wash. Ruling, Paid Claim May Not End Bad Faith Risk

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    In Labeaume v. First National Insurance, a Washington appeals court recently held that the insurer's benefit payment did not preclude the plaintiff's Insurance Fair Conduct Act claim, expanding the scope of the act's cure provision and making claim documentation even more significant, says Rishabh Agny at Clyde & Co.

  • Series

    Being A Singer Makes Me A Better Lawyer

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    Before law school, I spent seven years trying to make it as a professional singer in Los Angeles, and nearly everything I learned about preparation, humility, confidence and more has followed me into my legal practice, says Jessica Caterina at Moses & Singer.

  • Justices' Review Of Atty Fees Could Reshape Pipeline Takings

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    With the U.S. Supreme Court's decision to review Hoffmann v. WBI Energy Transmission, property owners' right to recover attorney fees for appropriations under the Natural Gas Act is at stake, potentially leading to a choice between a depressed land valuation or court costs that could exceed any rewards, says attorney Sophia Holley.

  • How 2nd Circ. Raised The Bar For Pleading Securities Fraud

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    In Huey v. Anavex, the Second Circuit recently appeared to increase the burden on securities fraud plaintiffs in pleading loss causation where no immediate share price decline follows the corrective disclosure, generating new questions that district courts must grapple with, say attorneys at Skadden.

  • Trade Secret Practice Tips From The 1st Half Of 2026

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    Intellectual property attorneys should consider what several significant developments in 2026 thus far mean for how they protect, litigate and value trade secrets, focusing on new state noncompete bans, cases scrutinizing how plaintiffs identify trade secrets and federal rulings on damages doctrines, say attorneys at Faegre Drinker.

  • Yellow Corp. WARN Act Appeal Refines Layoff Guidance

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    A Delaware federal court's recent upholding of a bankruptcy court's disallowance of unions' federal Worker Adjustment and Retraining Notification Act claims against Yellow underscores that fact-specific notices and thoughtful timing are essential for distressed companies implementing layoffs, say attorneys at King & Spalding.

  • High Court Rulings Could Alter Agency Strategy For Cos.

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    The U.S. Supreme Court's recent decisions in Trump v. Slaughter and Trump v. Cook mark major turning points in the law of independent agencies and in how regulated companies should think about federal enforcement, rulemaking and agency-facing strategy, say attorneys at Holtzman Vogel.

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