Appellate

  • September 04, 2026

    NC High Court Snapshot: TikTok, DuPont, NCAA Top Sept.

    North Carolina's highest court is returning from its summer hiatus with a stacked September lineup of cases for oral argument, starting with a name, image and likeness suit brought by members of N.C. State University's 1983 championship basketball team against the NCAA.

  • September 04, 2026

    Justices Let FCC's New Campaign Ad Rates Take Effect

    The U.S. Supreme Court on Friday cleared the way for the Federal Communications Commission to extend discounted television and radio advertising rates previously reserved for political candidates to political parties and joint fundraising committees that buy spots in coordination with candidates.

  • September 04, 2026

    Mich. High Court Won't Force Citizenship Measure Onto Ballot

    The Michigan Supreme Court has refused to order election officials to place on the November ballot a proposed constitutional amendment requiring proof of citizenship to vote, with some justices calling for changes in the state's rules for validating petition signatures.

  • September 04, 2026

    ERISA Recap: 5 Appellate Rulings To Know From August

    The Seventh Circuit kept an Arkansas pharmacy benefit manager rule in place as not preempted by federal benefits law, the Fourth Circuit revived an Altria ex-worker's dispute over benefit plan documents, and the Eleventh Circuit reversed a pretrial win for Royal Caribbean in cruise workers' suit challenging 401(k) funds. Here, Law360 looks at those and two other major appellate decisions from August involving ERISA that benefits attorneys may want to know.

  • September 04, 2026

    Hospital Group Wants To Weigh In On $32M Yale Death Verdict

    The Connecticut Hospital Association urged a state appeals court to let it weigh in on a challenge to a nearly $32 million judgment entered against a Yale University-affiliated hospital over a premature baby's death, arguing the case presents important issues surrounding wrongful death damages.

  • September 04, 2026

    Nebraska High Court Rejects Bid To Void Medical Cannabis

    The Nebraska Supreme Court on Friday rejected an effort by state officials to void medical marijuana legalization measures that were approved by supermajorities of state voters, saying the lower court was right to dismiss the challenge.

  • September 04, 2026

    4th Circ. Affirms $2.9M IRS Fine For Unreported Accounts

    The Fourth Circuit affirmed a $2.9 million fine Friday against a Hong Kong-based U.S. businessman, holding that he should have known there was a "grave risk" of inaccurate tax filings when he failed to disclose offshore accounts to the IRS.

  • September 04, 2026

    DC Panel's Rare Rebuke Over AI Errors Flags Rules Gap

    A D.C. appellate court panel issued a rare sua sponte sanctions order on Thursday after finding nonexistent case citations in a brief filed by a McCabe Weisberg & Conway LLC attorney representing Deutsche Bank National Trust Co. in a foreclosure action, noting an apparent gap in the rules governing the court's sanctions authority.

  • September 04, 2026

    Dems Ask Justices To Deny Stay In Campaign Ad Pricing Case

    A group of Democratic candidates have asked the U.S. Supreme Court to deny a stay of a Fourth Circuit order blocking the Federal Communications Commission from extending discounted television and radio advertising rates to committees that buy spots in coordination with political candidates.

  • September 04, 2026

    3rd Circ. Revives Malpractice Claim Against Kirkland Atty

    A New Jersey divorcee may once again pursue a legal malpractice claim against a Kirkland & Ellis LLP attorney who she said lost her millions by mishandling estate documents, after the Third Circuit found it could be possible to link her alleged damages to the lawyer's work.

  • September 04, 2026

    Fla. Judge Retires, Avoids Sanctions For Political Donations

    A judge in Orlando, Florida, stepped off the bench on Friday rather than face discipline for violating a judicial ethics rule by making nearly $30,000 in political donations.

  • September 04, 2026

    11th Circ. Backs Aetna In Ex-Worker's Disability Fight

    The Eleventh Circuit upheld a lower court judgment backing Aetna's denial of long-term disability benefits to an engineering firm's former senior vice president, saying he didn't provide necessary documents to meet the test of disability.

  • September 04, 2026

    4th Circ. ERISA Docs Ruling Deepens Split, High Court Told

    A participant in Netflix's employee health plan asked the U.S. Supreme Court to reverse the Ninth Circuit's dismissal of his lawsuit alleging that the company unlawfully refused his request for plan documents, arguing that a recent Fourth Circuit decision discredits the streaming giant's argument against a circuit split.

  • September 04, 2026

    4th Circ. Backs SSI Denial Despite Disability Challenge

    The Fourth Circuit has upheld the denial of disability benefits to a North Carolina woman who said her physical and mental impairments, including agoraphobia, prevented her from working, ruling in a divided published decision that substantial evidence supported the Social Security Administration's findings.

  • September 04, 2026

    Justices Again Refuse NY Health Workers' Fight Over Vax Rule

    The U.S. Supreme Court declined Friday to reconsider its decision to pass on a legal challenge by religious healthcare workers to a pandemic-era New York state vaccination policy, despite three conservative justices' previously stated interest in the case.

  • September 03, 2026

    Wash. Justices To Hear Gordon Rees Malpractice Transfer Suit

    Washington's Supreme Court will consider whether a Great American insurance unit can inherit an equipment manufacturer's legal malpractice claims against two law firms in what the insurance company has called an issue of first impression, according to a high court order published Wednesday.

  • September 03, 2026

    Oil Cos. Seek Quick Appeal To Nix Suit Over Heat Wave Death

    Exxon, Chevron, Shell and other oil giants say they plan to seek appellate review of a Washington judge's order refusing to dismiss a civil suit over a woman's 2021 death that alleged the defendants knew their products were intensifying extreme weather patterns but downplayed risks to maximize profit.  

  • September 03, 2026

    Dutch Software Co. Asks Justices To Halt TM Trial

    A Dutch software company has asked the U.S. Supreme Court to pause a rapidly approaching trial in a trademark dispute with an American rival while it petitions for review of an injunction and contempt order that it said threaten to taint the entire proceedings.

  • September 03, 2026

    Conn. Supreme Court Snapshot: $81M Telecom Row Tops Lineup

    A 16-year-old telecommunications contract dispute over interest rates that increased to an alleged $81 million tops the docket as the Connecticut Supreme Court kicks off the first term of its 2026-27 calendar year Tuesday.

  • September 03, 2026

    Pilot Plane Forfeiture Over 6-Pack Is Excessive, Justices Told

    An 83-year-old bush pilot has told the U.S. Supreme Court that Alaska flouted precedent and applied a grossly disproportionate standard by saddling him with the "ills of alcohol abuse statewide" in trying to forfeit his $95,000 plane for transporting a six-pack of beer to a dry village.

  • September 03, 2026

    Colo. Panel Revives Man's Post-Conviction DNA Testing Bid

    A Colorado appeals court has issued new rules for when and how postconviction relief for DNA testing should be conducted in the state, with the court establishing a three-part test to determine whether a relief petition should be granted.

  • September 03, 2026

    Boeing Investors Say 4th Circ. Ruling Imperils Class Actions

    Boeing investors have asked the full Fourth Circuit to rehear a panel's "extreme" decision overturning class certification in a suit against the aerospace company over its alleged concealment of safety issues with its 737 Max fleet, arguing that the panel decision will create a "vague and unworkable standard" in the circuit if left intact.

  • September 03, 2026

    Williams-Sonoma Urges 9th Circ. To Snip Thread-Count Class

    Williams-Sonoma told the Ninth Circuit on Thursday that a district judge overseeing a certified false advertising class action over bedsheet thread-count labels should have excluded certain class members who purportedly agreed to arbitrate, arguing that the court wrongly couched the arbitration decision in a ruling on the class' definition.

  • September 03, 2026

    Fla. Panel Revives State's Indemnity Suit In Diving Injury Case

    A Florida appellate court revived an agency's lawsuit seeking indemnification from Miami Beach in a decades-old complaint brought by a man who became a quadriplegic from a diving injury, ruling the judgment in favor of the city was premature because the underlying case hasn't concluded.

  • September 03, 2026

    Mass. Justices Say Town Can Take Northeastern U. Property

    Massachusetts' top appellate court granted a tiny Bay State town a win in an ongoing land battle with Northeastern University, finding that the community was within its rights to use eminent domain to take property the school had hoped to use to expand a research center.

Expert Analysis

  • Opinion

    5th Circ.'s Abortion Pill Order Is Shaky On Multiple Grounds

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    The Fifth Circuit's recent order in Louisiana v. U.S. Food and Drug Administration, reinstating an in-person dispensing requirement for the abortion medication mifepristone, seems to turn federalism upside-down, and is also questionable for several other reasons, says Gregory Curtner at Curtner Law.

  • Series

    The Biz Court Digest: Georgia Court Has Business On Its Mind

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    Thanks to recent legislation, the Georgia State-wide Business Court will soon offer business litigants greater access to the court than ever before, further enhancing the court's emphasis on efficiency, predictability and accessibility for sophisticated commercial disputes, says former GSBC judge Walt Davis at Jones Day.

  • 5 Takeaways From Justices' Subpoena Fight Ruling

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    The U.S. Supreme Court's recent decision in First Choice v. Davenport fortifies a line of First Amendment associational privacy cases stretching back nearly 70 years, and ensures that organizations subject to government demands for donor information have a meaningful federal forum in which to defend their constitutional rights, say attorneys at DLA Piper.

  • Where The Preemption Fight Over Prediction Markets Stands

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    While the Third Circuit's recent ruling in Kalshi v. Flaherty remains a significant win for the federal government in its quest to regulate prediction markets, the Fourth, Sixth and Ninth Circuits appear more skeptical, indicating that this fight is likely headed for the Supreme Court, says Johnny ElHachem at Holland & Knight.

  • Md. Justices' State Climate Tort Ban May Shape National Path

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    The Maryland Supreme Court’s recent ruling that federal law preempted state-level deceptive marketing tort claims brought by several municipalities could offer the U.S. Supreme Court a road map to use in the pending Suncor Energy v. Boulder County case to exclude states from the business of regulating global emissions, say attorneys at ArentFox Schiff.

  • 4 Emerging Approaches To AI Protective Order Language

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    Over the last year, at least five federal district courts have issued or analyzed specific protective order provisions restricting the use of generative artificial intelligence platforms with protected materials, establishing that proactive AI-specific provisions are now standard practice and demonstrating that no single model works for every case, says Joel Bush at Kilpatrick.

  • What Justices Are Focusing On In 'Skinny Label' Patent Case

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    Though Hikma v. Amarin appears to be a patent dispute that could reshape inducement doctrine in the pharmaceutical context, oral argument suggests the U.S. Supreme Court may treat this as primarily a pleading-stage dispute, with important unresolved questions lurking beneath the surface, says Shashank Upadhye at Upadhye Tang.

  • Employer Tips After 4th Circ. Rejects Trimmed Suit Deadlines

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    The Fourth Circuit's recent holding in Thomas v. EOTech that employers cannot use contractual provisions to shorten statutory filing periods for Title VII or Age Discrimination in Employment Act claims offers a warning for employers to review any such documents and reassess their litigation risk, say attorneys at Ogletree.

  • Binance Win Shows Constraints On Anti-Terrorism Act Claims

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    The Southern District of New York's recent ruling in Troell v. Binance illustrates that the Second Circuit's earlier decision in Ashley v. Deutsche Bank is holding weight with courts, and companies facing aiding and abetting risk should thus monitor evolving case law and assess exposure based on nexus allegations, say attorneys at Freshfields.

  • Understanding The Insider Trading Gap In Prediction Markets

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    While the first-ever insider trading indictment involving a prediction market — the recent prosecution of a service member involved in the capture of Nicolás Maduro — comprised extreme facts and straightforward legal theories, future cases will test the bounds of insider trading law, say attorneys at Baker McKenzie.

  • Heppner Ruling Left AI Privilege Risk For Lawyers Unresolved

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    While a New York federal judge’s recent ruling in U.S. v. Heppner resolved a privilege question surrounding client-side artificial intelligence use, it did not address how to mitigate the risks that can arise when confidential information enters the operative context of an AI system used by an attorney, says Jianfei Chen at Quarles & Brady​​​​​​​.

  • How 10 Years Of Case Law Have Shaped The DTSA

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    As the Defend Trade Secrets Act reaches its 10th anniversary, attorneys at Ropes & Gray examine recent DTSA case law and highlight key takeaways regarding pleading requirements, damages and risk factors.

  • The Ethics And Practicalities Of Representing AI Agents

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    With autonomous artificial intelligence agents now able to take action without explicit instructions from — or the awareness of — their human owners, the bar must confront whether existing frameworks like informed consent and client privilege will be sufficient on the day an AI agent calls seeking counsel, say attorneys at Morrison Cohen.

  • Notable Q1 Updates In Insurance Class Actions

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    Notable insurance class action decisions from the first quarter of the year included reminders about the statute of limitations as a key defense for claims relating to allegedly deficient forms, the importance of focus on the specific contract at issue and further guidance on the contours of Rule 23, says Kevin Zimmerman at BakerHostetler.

  • 9th Circ.'s Silence Prolongs Uncertainty On Cemex Framework

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    By affirming a bargaining order in Cemex Construction Materials v. National Labor Relations Board without opining on the NLRB’s 2023 expansion of its authority to issue such orders, the Ninth Circuit avoided direct conflict with the Sixth Circuit’s rejection of the same framework, prolonging uncertainty for employers facing union elections, say attorneys at Dinsmore & Shohl.

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