Appellate

  • July 15, 2026

    9th Circ. Revives PPP Fraud Suit Against Calif. Mortgage Co.

    The Ninth Circuit Wednesday revived whistleblower entity Relator LLC's lawsuit accusing a California mortgage lender and its founder of making false statements in a federal loan application, saying in a published opinion that information backing Relator's allegations was not already publicly available so as to bar its claims.

  • July 15, 2026

    Trump Swiftly Fires Court-Appointed Seattle US Atty

    Almost immediately after being sworn in as Seattle's new U.S. attorney Wednesday morning, former King County Superior Court judge and federal prosecutor Roger Rogoff was fired by President Donald Trump.

  • July 15, 2026

    CIT Judge Says Order Incoming For Next Tariff Refund Phase

    The U.S. Court of International Trade judge overseeing U.S. Customs and Border Protection's development of a duty refund system for tariffs struck down by the U.S. Supreme Court forecast new directions for the government as it prepares another phase of its tariff refund system, according to an order published Wednesday.

  • July 15, 2026

    Pa. Panel Backs Benefits For Giant Eagle Worker Hit By Car

    A Pittsburgh pharmacy technician can get workers' compensation after she was hit by a car during her 15-minute lunch break, since the break was limited enough to fall under the "personal comfort doctrine" in state law, a divided appellate court ruled Wednesday.

  • July 15, 2026

    NC Panel Nixes Nurse Noncompetes For Being 'Too Broad'

    A medical clinic provider couldn't convince a North Carolina state appeals court to overturn a ruling that noncompete agreements for two former nurses were unenforceable, after a split panel ruled Wednesday that the terms were overly broad and voidable under public policy.

  • July 15, 2026

    NJ Justices Rule Fraud Law Applies To Insurance Brokers 

    Insurance brokers, producers and agents are not exempt from the Consumer Fraud Act under an exception for semiprofessionals, the New Jersey Supreme Court held Wednesday, reviving a neurosurgeon's allegation his insurance broker negligently failed to obtain sufficient disability insurance for him after he developed a vision condition.

  • July 15, 2026

    Ga. Court Says State Rep. Must Face Wrongful Death Suit

    Georgia State Rep. Trey Kelley, R-Cedartown, will have to face a wrongful death lawsuit filed by the father of a man who was struck and killed in a bicycle accident, the Georgia Court of Appeals said Wednesday, reversing a lower court's dismissal of the case.

  • July 15, 2026

    Ex-Investor Urges Del. High Court To Revive Higher Damages

    The Delaware Supreme Court heard arguments Wednesday over whether the Delaware Chancery Court improperly limited evidence used to calculate a $6.9 million award to a former member of a Philadelphia-area EB-5 investment company, with each side accusing the other of misapplying Delaware law governing expert evidence and attorney fee awards.

  • July 15, 2026

    Texas Court Says $350M Claim Can't Include General Counsel

    The statewide Texas appeals court found that the former CEO of software company Reynolds and Reynolds cannot include the company's general counsel in a $350 million employment lawsuit, saying in a split opinion that the company's general counsel has immunity in this case.

  • July 15, 2026

    Title Co. Can't Keep Tax Refund, Wash. Panel Rules 2nd Time

    A Washington appeals panel handed a win again to the state Department of Revenue, reversing a lower court order that the department owed an $11 million tax refund to a title insurance and settlement services company.

  • July 15, 2026

    DC Circ. Says District Court Can't Decide USPS Policy Claim

    The D.C. Circuit reversed a 2020 summary judgment win for Democratic-led states and cities that required the Postal Service to increase services at its election mail processing centers in more than 20 districts across the country, so millions of ballots could be delivered before that year's general election.

  • July 15, 2026

    Fed. Circ. Won't Move Zoho Patent Suit From EDTX To WDTX

    The Federal Circuit on Wednesday denied a request from Indian technology company Zoho to send a patent infringement case related to private information exchange from the Eastern District of Texas to the Western District of Texas, rejecting its arguments that its U.S. subsidiary was based out west.

  • July 15, 2026

    Wash. Panel Says Prosecutor-Victim Doesn't DQ Colleagues

    A Washington appellate panel has held that a trial court judge erred in disqualifying a county prosecutor's office from handling charges against a driver who crashed into one of its attorneys during a police pursuit.

  • July 15, 2026

    Fed. Circ. Gives Pa. Biz A 2nd Go At $1.5M Tax Penalty Refund

    The Federal Circuit gave a Pennsylvania electrical contractor another chance to pursue a $1.53 million refund claim for penalties paid to the Internal Revenue Service after its owner pled guilty to criminal tax evasion, according to an opinion published Wednesday.

  • July 15, 2026

    What To Watch In Massachusetts In The 2nd Half Of 2026

    As midsummer approaches, Massachusetts attorneys are focused on much more than just the Red Sox winning streak and the fallout from the Jaylen Brown trade; from a headline-grabbing federal prosecution to the midterm elections to cases that could shape the state's noncompete laws, practitioners have plenty on their radar in the latter half of the year.

  • July 15, 2026

    GM Robotaxi 'Sign-In Wrap' Sends Injury Suit To Arbitration

    A California appeals court has sent a man's injury suit against General Motors' autonomous vehicle subsidiary to arbitration, saying the "sign-in wrap" agreement he assented to as a customer to Cruise LLC's service was sufficiently conspicuous and would give a reasonable consumer notice of the arbitration clause.

  • July 15, 2026

    Mich. Justices Toss Murder Confession Over Miranda Violation

    A murder suspect's statements to Detroit police can't be used at his upcoming trial because officers continued engaging with him after he requested a court-appointed attorney, the Michigan Supreme Court ruled Tuesday, holding that police violated his constitutional right to counsel. 

  • July 15, 2026

    Personal Injury & Med Mal Cases To Watch In 2nd Half Of 2026

    A trial in a suit brought by 29 states accusing Meta's Facebook and Instagram of causing young people to become addicted and a third bellwether trial in the Uber sexual assault multidistrict litigation are among the cases injury and malpractice attorneys will be following closely in the second half of 2026.

  • July 15, 2026

    The Biggest Copyright Rulings Of 2026: A Midyear Report

    The U.S. Supreme Court issued a major opinion that limited contributory copyright liability for internet service providers, while a major verdict in a Digital Millennium Copyright Act case could hint at what's to come in artificial intelligence litigation. Here are Law360's picks for the top copyright rulings for the first half of 2026.

  • July 15, 2026

    Successor's Appointment Was Late, Retired Fla. Judge Says

    A recently retired Florida state judge told the Florida Supreme Court that his challenge of Gov. Ron DeSantis' failure to appoint someone to succeed him is moot since the governor had filled the vacancy, but argued that the appointment had an illegal delay of 25 days.

  • July 15, 2026

    9th Circ. Won't Revive Flea, Tick Meds Suit Against Bayer

    A Ninth Circuit panel gave short shrift to Tevra Brand LLC's bid to revive an antitrust suit alleging Bayer HealthCare LLC used exclusive contracts to lock up the market for a flea and tick treatment for dogs and cats, preserving Bayer's jury win.

  • July 15, 2026

    Fed. Circ. Won't Reopen Challenges To Biometric Sensor IP

    Assa Abloy lost its bid to reinstate challenges to a pair of biometric sensor patents Wednesday when the Federal Circuit backed Patent Trial and Appeal Board decisions that the Swedish manufacturing company failed to show claims in the patents were invalid.

  • July 15, 2026

    Harwood Lloyd Must Face DQ Bid Over Hiring Ex-NJ Judge

    A New Jersey state appellate court on Wednesday revived a bid to disqualify Harwood Lloyd LLP from a probate matter based on how a retired judge awarded fees to a firm attorney before joining the firm himself.

  • July 15, 2026

    Biz, Benefits Groups Tell 4th Circ. To Nix 401(k) Forfeiture Suit

    A trio of business and benefits groups asked the Fourth Circuit to uphold the dismissal of a suit claiming Northrop Grumman improperly used forfeited 401(k) cash to fund its plan contributions, stating it would be "exceedingly odd" for the case to proceed against federal regulations allowing the practice.

  • July 15, 2026

    New Jersey Appellate Division To Get New Chief Judge

    New Jersey Appellate Division Judge Heidi Willis Currier will assume leadership of the division effective Sept. 1 upon the retirement of current Chief Judge Thomas Sumners, the judiciary announced Wednesday.

Expert Analysis

  • Federal Officer Removal After Justices' La. Pollution Ruling

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    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

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    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.

  • Revisiting TransUnion's Underused Standing Rule, 5 Years On

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    The Ninth Circuit Court of Appeals' recent use of the U.S. Supreme Court’s now five-year-old TransUnion v. Ramirez rule specifying that the "mere risk of future harm" isn't concrete enough to support a damages claim presents an opportunity to revisit this underutilized standing rule, say attorneys at Horvitz & Levy.

  • 5 Things Associates Must Ask About Their Firm's Merger Plan

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    The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

  • Uncertainty Looms After Justices' Withdrawal Liability Ruling

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    The U.S. Supreme Court's recent holding in M&K Employee Solutions v. Trustees of the IAM National Pension Fund increases the unpredictability of withdrawal liability assessments, so employers should prepare for a range of assessments and be equipped to challenge unreasonable ones, say attorneys at Winston Taylor.

  • CFTC Trading Rule Can't Police Prediction Markets Yet

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    The Commodity Futures Trading Commission’s recent efforts to police insider trading in prediction markets through a post-Dodd-Frank anti-fraud rule exposes doctrinal gaps around misappropriation theory, leaving platforms to fill the void with win-rate-based surveillance, says attorney Tamara de Silva.

  • Columbia Software IP Ruling Tests Royalty Damages Model

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    The Federal Circuit's recent decision in Columbia University v. Gen Digital, vacating a damages verdict involving foreign software sales, provides guidance on ambiguities surrounding the worldwide royalty damages model established by the court's decision in Brumfield v. IBG two years ago, say attorneys at Munger Tolles.

  • Turning To The Courts When PBM Reform Falls Short

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    The effectiveness of state laws intended to regulate pharmacy benefit managers remains uncertain, but litigation — utilizing tried-and-true theories like breach of contract and fair dealing — offers another mechanism through which stakeholders may seek relief from PBMs, say attorneys at Reed Smith.

  • Opinion

    Immigration Appeals Rule Would Prevent Meaningful Review

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    Justice Stephen Breyer’s book “Making Our Democracy Work” offers a useful lens through which to consider what is at stake for the Executive Office for Immigration Review's legitimacy as the government asks the D.C. Circuit to revive an interim final rule that would have fast-tracked decisions by Board of Immigration Appeals, says Tara Kennedy at Kennedy Law.

  • 2 'Rocket Dockets' And The Rules That Propel Them

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    The fastest civil trial courts in the country are currently in the Eastern District of Virginia and the Southern District of Florida, and their chief judges provide insights into the court rules that keep them ahead, says Robert Tata at Hunton.

  • Retailer Risk Reduction Tips As Email Marketing Suits Surge

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    Amid a flood of email marketing lawsuits following last year's Washington Supreme Court ruling in Brown v. Old Navy, retailers seeking to avoid high litigation costs can take several steps to reduce risks by focusing on their email subject lines advertising sales, says Gonzalo Mon at Kelley Drye.

  • Why Nuclear Licensees Must Watch 2nd Circ.'s Holtec Review

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    In reviewing a New York federal court's preemption ruling concerning disposal of nuclear materials, the Second Circuit must confront the lower court's recognition of a purpose-based path to field preemption, which could be game-changing for nuclear material licensees, says Andrew Averbach at Womble Bond.

  • Calif. Ruling Lowers Bar For Health Data Breach Claims

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    The California Supreme Court's ruling in J.M. v. Illuminate Education offers protection for non-healthcare companies that maintain health-related data but also adopts a new and more plaintiff-favorable standard for breach of confidentiality that companies maintaining any health-related data should address, say attorneys at Cooley.

  • Florida Atty Fees Ruling Could End Expert Testimony Mandate

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    For over 60 years, Florida appellate courts have required an evidentiary hearing and expert testimony to support the reasonableness of an attorney fee award, but the Florida Sixth District Court of Appeal's recent Ruffenach v. Deutsche Bank National Trust ruling could make substantive changes to this requirement, say attorneys at RumbergerKirk.

  • Texas Ruling Leaves Key Oil Royalty Question Unresolved

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    The Texas Supreme Court's recent decision in Fasken Oil and Ranch v. Puig clarifies that royalty reservations containing “free of cost forever” language do not bar deduction of post-production costs — but it leaves open whether prices producers report to royalty owners should reflect what unaffiliated buyers would pay, says Robert Foss at Hinds Feat Advisors.

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