Appellate

  • June 26, 2026

    Mass. Panel Revives Suit On Prison 'Anti-Racist' Book Ban

    A Massachusetts intermediate-level appeals court on Friday ruled that an incarcerated man's lawsuit can move forward alleging he was unconstitutionally denied access to a copy of "anti-racist material," despite a claim by prison administrators that the book's cover is racially charged.

  • June 26, 2026

    Messner Reeves Says $8.3M Fraud Suit Repeats Utah Case

    Colorado law firm Messner Reeves LLP has claimed in federal court that a lawsuit accusing it of stealing more than $8 million as part of a fraudulent loan scheme should be dismissed because the plaintiffs' Racketeer Influenced and Corrupt Organizations Act claims were dismissed by another court with prejudice.

  • June 26, 2026

    Contractor Not Liable For 'Obvious Danger': Texas Justices

    The Texas Supreme Court did away with an injured roofer's $4.6 million verdict against a general contractor, saying Friday that an independent contractor like the roofer cannot recover in the case of an "open and obvious danger."

  • June 26, 2026

    DOJ Asks Appeals Court To Toss ICE Facility Access Case

    The Trump administration is defending U.S. Immigration and Customs Enforcement's policy requiring seven days notice for lawmakers to visit detention facilities in the D.C. Circuit, calling for the appeals court to dismiss a lawsuit from 13 Democratic Congress members challenging the rule for lack of standing.

  • June 26, 2026

    Norfolk Southern's Post-Mallory Arguments Fail, Justices Told

    A rail worker's estate told the U.S. Supreme Court on Friday that Norfolk Southern cannot keep trying to evade a Federal Employers' Liability Act lawsuit by refashioning its constitutional challenge to Pennsylvania's business-registration statute asserting jurisdiction over the rail giant.

  • June 26, 2026

    Supreme Court Pauses Fine In Journalist's Appeal

    The U.S. Supreme Court on Friday stayed a D.C. Circuit ruling upholding a civil contempt order against former Fox News journalist Catherine Herridge, further staving off a district judge's $800-per-day fine for refusing to expose her source.

  • June 26, 2026

    Mich. Appeals Court OKs Counting Ballots With Stub Errors

    A Michigan state appeals court said in an opinion issued Friday that absentee ballots with stub discrepancies should be counted as challenged ballots, reversing a decision by the state's Court of Claims.

  • June 26, 2026

    T-Mobile Asks High Court To Refund Its $92M In FCC Fines

    T-Mobile has urged the U.S. Supreme Court to wipe out $92 million in fines it and Sprint were slapped with for selling users' location data, saying that even though the justices have declared the FCC can level such fines and companies can just refuse to pay, the telecom "did not have the benefit" of that decision at the time.

  • June 26, 2026

    At Angola Farm Line Trial, An Enduring Debate Over Slavery

    A yearslong federal case over forced agricultural labor at Louisiana's Angola prison raised questions about prison labor and its ties to slavery, but ended earlier this year with a judge's refusal to halt the practice despite finding workers remained exposed to dangerous heat. Advocates say that was a mistake.

  • June 26, 2026

    DC Circ. Affirms FDA Can Block Norwich's IBS Generic

    The D.C. Circuit on Friday backed the U.S. Food and Drug Administration's lower court win in Norwich Pharmaceuticals' challenge to the agency's refusal to approve an application to bring a generic version of a prescription antibiotic for irritable bowel syndrome to market until 2029.

  • June 26, 2026

    DC Circ. Preserves Biden-Era EPA Soot Rule

    The D.C. Circuit Friday rejected challenges from Republican states and business groups to a Biden-era rule setting tighter national limits on soot, as well as the Trump administration's request to vacate the rule.

  • June 26, 2026

    DC Circ. Backs CMS In Medicare Advantage Rating Fight

    A D.C. Circuit panel on Friday upheld the Centers for Medicare & Medicaid Services' calculation of a Louisiana insurer's Medicare Advantage star rating, rejecting the insurer's claims that the agency unlawfully included data from a contract that had been folded into another one.

  • June 26, 2026

    Texas Justices Block Harris County Immigrant Aid Funding

    The Texas Supreme Court on Friday granted Texas' bid to temporarily block a Harris County program from disbursing funds to nonprofits to provide legal services to detained noncitizens facing deportation while a state challenge proceeds.

  • June 26, 2026

    Fintech Execs Tell 11th Circ. Token Wasn't Security

    Two former executives at fintech company Hydrogen Technology Corp. have asked an Eleventh Circuit panel to vacate their convictions and sentences, arguing there was insufficient evidence to support the charges that they conspired to manipulate the market for Hydrogen's digital assets.

  • June 26, 2026

    Legal Groups Back DOL's H-2A Fine Power At High Court

    A coalition of worker advocacy and legal aid organizations urged the U.S. Supreme Court on Friday to uphold the Department of Labor's authority to collect monetary penalties from agricultural employers through its in-house adjudication system, arguing that H-2A visa program enforcement actions involve public rights that Congress may assign to the executive branch.

  • June 26, 2026

    Fla. Justices 'Recede' From Opinion On Forced-Entry Evidence

    A split Florida Supreme Court has ruled that defendants must not suppress evidence obtained under a valid search warrant where officers violated the state's "knock-and-announce" laws, walking back a previous decision.

  • June 26, 2026

    NJ Panel Vacates $1M In Damages Awarded For Boating Injury

    A New Jersey appellate panel Friday vacated a jury's award of nearly $1 million to a woman who broke her back on her longtime friend's boat, ruling that the trial court should have granted the defense's bid to extend discovery in order to respond to medical evidence presented on the eve of trial.

  • June 26, 2026

    NY Appeals Court Grants Hearing In Speedy Trial Fight

    A man sentenced to up to three years in prison for 2018 crimes including endangering the welfare of a child, stealing, violating an order of protection and harassment must have his trial delay claims addressed, a New York appeals court has ruled.

  • June 26, 2026

    5 ERISA Cases To Keep An Eye On In The Second Half Of 2026

    A U.S. Supreme Court challenge to Intel Corp.'s 401(k) investment lineup tops the list of cases benefits attorneys will be watching this summer and fall, though appeals involving health plan tobacco fees, plan forfeiture spending and a potential Eleventh Circuit precedent shift are also top of mind. Here, Law360 looks at five ERISA cases that attorneys should have on their radar as 2026 rolls on.

  • June 26, 2026

    High Court To Issue Big Decisions In Term's Final Days

    As the U.S. Supreme Court enters the final days of its term, the justices still have several major decisions to issue, including some concerning birthright citizenship, the president's power to remove independent agency officials, transgender athletes and election rules. 

  • June 26, 2026

    Scientologists Want 'Ignored' Boies Schiller AI Errors Review

    The Church of Scientology has asked the California Supreme Court to review an appellate order that didn't impose sanctions on Boies Schiller Flexner LLP for filing a brief containing artificial intelligence-generated citation errors in a harassment and retaliation suit pending against the church.

  • June 26, 2026

    Reed Smith Wants Pause In Ex-Atty's Bias Suit Amid Appeal

    Reed Smith LLP asked a New Jersey court on Thursday to stay a former attorney's gender discrimination suit against it while the attorney's appeal of the scope of the damages in the suit plays out.

  • June 26, 2026

    11th Circ. Told Loan Program Wasn't Commodities Investing

    An imprisoned foreign currency trader urged an Eleventh Circuit panel Friday to undo a $62 million fraud-related judgment in the Commodities Futures Trading Commission's lawsuit accusing him of misappropriating investor cash, arguing the money was lent to him and he wasn't pooling funds. 

  • June 26, 2026

    3rd Circ. Says Exculpatory Info Can't Undo Murder Conviction

    A man convicted of murder in 1995 can't reverse the jury's verdict based on the prosecution withholding impeachment evidence against two witnesses because he had not shown that evidence would have been likely to change the outcome of his trial, the Third Circuit ruled Friday.

  • June 26, 2026

    Mass. High Court Says Procedural Flaw Can't Sink Arb. Award

    An arbitrator did not exceed his authority in ordering partial recoupment of payments made by a general contractor to a subcontractor amid a dispute over invoices, Massachusetts' highest court said Friday.

Expert Analysis

  • Fed. Circ. Clarifies Standard For Contesting CICA Overrides

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    The Federal Circuit's recent holding in Life Science Logistics strengthens the hand of protesters facing an override of the Competition in Contracting Act stay, and a Court of Federal Claims decision the same day demonstrates that how a protester frames its requested relief remains critically important, says Richard Arnholt at Bass Berry.

  • The Paradoxical Duty To Adopt AI When You Can't Bill For It

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    Both billing for hours saved using artificial intelligence and preserving billable time by not adopting AI may violate rules of professional conduct, but until bar associations' ethics rules catch up to this emerging economic dilemma, firms must decide how to adjust fee structures themselves, says Ines Lassalle at Peyrot & Associates.

  • 4 Emerging Limits Of Employer Mental Health Notice Defense

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    A California appeals court's recent decision in Husband v. Target, addressing when an employer knows about an employee's undisclosed disability, leaves open questions about how changes in mental health awareness and workforce monitoring tools may raise the bar for what employers can claim not to know, says Benjamin Heller at RFZ Law.

  • Raptors Ruling Shows Risks Of Calif. Enviro Suit Intervention

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    Intervention in California environmental litigation can allow businesses to help defend agency approvals, but after a state appeals court's recent ruling in Raptors Are the Solution v. CropLife America, it is clear that intervention also carries a price — and that courts will hold parties accountable for the full arc of their litigation conduct, says Thierry Montoya at FBT Gibbons.

  • A Decade Later, Escobar Is Still Shaping FCA Cases

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    The U.S. Supreme Court's decision 10 years ago in Universal Health Services v. U.S. ex rel. Escobar changed the way in which lower courts evaluate False Claims Act cases — and the ruling remains vital in nearly every FCA case filed today, say attorneys at Bradley Arant.

  • Sripetch May Prove To Be An Empty Victory For The SEC

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    The U.S. Supreme Court's recent decision in Sripetch v. U.S. Securities and Exchange Commission held that the SEC need not prove pecuniary harm for disgorgement, but if the commission must still identify victims and distribute funds in a compensatory way, it faces the same economic problem as before the ruling, says Erin Smith at Compass Lexecon.

  • 9th Circ. Cooler Ruling Chills 1st Mover Lanham Act Claims

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    The Ninth Circuit's recent decision in Vericool World v. Igloo Products that Vericool's claim of being first-to-market with an ecocooler was not actionable under the Lanham Act largely foreclosed false advertising litigation over first mover status, so potential plaintiffs should instead look to patent counseling or intellectual property strategy for these claims, say attorneys at Manatt.

  • Mapping 5 Fronts Of The Prediction Markets Regulatory Battle

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    The legal framework governing prediction markets is under simultaneous challenge in five independent areas, and the outcomes will determine not just who can operate prediction markets, but the compliance obligations of every participant in the ecosystem, says Ivor Wolk at Manatt.

  • Patent Ruling Highlights Risks Of Late Inventorship Fixes

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    The Federal Circuit's recent decision in Implicit v. Sonos demonstrates the risk of forfeiture with retroactive correction of inventorship in inter partes review proceedings, with a clear message to the patent community that potential inventorship issues should be considered at every stage of a patent's life cycle, say attorneys at BCLP.

  • Adjusting IPR Tactics As Google Fights 'Settled Expectations'

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    Google’s petition for the U.S. Supreme Court to scrutinize the Patent Trial and Appeal Board's so-called settled expectations practice underscores why accused infringers facing older asserted patents should treat discretionary denial as a case-dispositive risk from day one, says attorney Abdul Abdullahi.

  • 3 Misconceptions About Justices' FCC Fines Ruling

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    The U.S. Supreme Court's June 4 Federal Communications Commission v. AT&T decision rejecting AT&T’s and Verizon’s argument that the commission's forfeiture process violates the Seventh Amendment has yielded three common reactions that misunderstand the decision as a matter of law and how the FCC actually operates, says Samuel Feder at Jenner & Block.

  • SEC Disgorged Fund Distribution Is Next Query After Sripetch

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    Following the Supreme Court's Sripetch v. U.S. Securities and Exchange Commission decision, investor harm isn't required for the SEC to obtain a disgorgement award, but future cases must resolve whether the commission will be freed from a requirement to distribute disgorged funds to the victims of alleged misconduct, says Daniel Walfish at Katsky Korins.

  • If Upheld, Wash. Millionaire Tax Could Upend State Law

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    The Washington Supreme Court could open the door to broader income, rental and corporate taxes if it defies precedent and the historically established desires of voters by redefining the state constitution's concepts of “income” and “property” to uphold a new tax on wages over $1 million, says Richard Birmingham at Davis Wright.

  • Trump Admin's Agency Records Purge Tests Judicial Notice

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    While courts commonly take judicial notice of data in government websites and reports, the Trump administration's recent modification or wholesale deletion of these sources means that litigants must look elsewhere to support trial admission of this information, says Jon Gryskiewicz at Lewis Baach.

  • Series

    Cow Horse Makes Me A Better Lawyer

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    Moving an unwilling 800-pound cow while riding a horse at high speed is exhilarating, a little unhinged and, at least for me, a surprisingly effective training ground for litigation — both demand focus, preparation over rigid planning and the willingness to act despite fear, says Ashley Zitrin at Glenn Agre.

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