Appellate

  • September 08, 2026

    DHS Asks Justices To Revive Voter Citizenship Database

    The Trump administration asked the U.S. Supreme Court Tuesday to reinstate the U.S. Department of Homeland Security's upgraded citizenship verification database ahead of this year's midterm elections, claiming a lower court's finding that the system is unlawful threatens election integrity.

  • September 08, 2026

    Mo. Keeps GOP Election Map Despite High Court Setback

    Missouri can use a new congressional map that favors Republicans in the midterms — even though it is supposed to obtain voter approval, and the U.S. Supreme Court earlier rejected an emergency bid to reinstate it — after a federal judge paused the state high court's decision prohibiting the map's use in November.

  • September 08, 2026

    9th Circ. Upholds Former Atty's Murder-For-Hire Conviction

    The Ninth Circuit on Tuesday refused to disturb the conviction of a former New York attorney accused of arranging to pay a hitman to kill the mother of his two young children in the midst of a custody battle, ruling that it doesn't matter that his payment was made to an undercover agent rather than a person who really intended to arrange for murder.

  • September 08, 2026

    8th Circ. Backs Tribal Court In Energy Co.'s Easement Fight

    The Eighth Circuit has agreed with a tribal judge and thrown out a federal court's preliminary injunction barring him from hearing a suit brought by members of the Three Affiliated Tribes against an energy company over an easement agreement.

  • September 08, 2026

    FCC Data Breach Reg Can't End-Run Congress, 6th Circ. Told

    Now that the Sixth Circuit has decided hold a full panel rehearing of its decision upholding the FCC's expanded data breach notification rules for telecommunications carriers, conservative legal groups are coming together to urge the appellate court to reject the Biden-era rule.

  • September 08, 2026

    Amgen Tells 4th Circ. No Point In Keeping CareFirst Suit Alive

    Amgen urged the Fourth Circuit to overrule a Virginia federal judge's refusal to dismiss CareFirst's lawsuit accusing it of unlawfully delaying biosimilar competition for Enbrel, arguing that the health insurer's alleged injury was actually caused by court orders enforcing Amgen's patents.

  • September 08, 2026

    11th Circ. Says ACA Trans Care Rule Fight Is Moot

    The Eleventh Circuit refused to revive a challenge to a gender-affirming care rule from the Biden administration that was later reversed by the Biden administration, concluding that the issue has become moot while the appeal was pending.

  • September 08, 2026

    Freddie Mac Asks 6th Circ. To Rehear Financial Crisis Case

    Freddie Mac is urging the Sixth Circuit to reconsider its recent revival of a shareholder lawsuit dating to the 2008 financial crisis, arguing an appellate panel "usurped" the lower court's authority by allowing investors to argue for class certification a third time.

  • September 08, 2026

    Trial Is Quickest Path To IP Case's 'Finality,' Justices Told

    A North Carolina software company told the U.S. Supreme Court Tuesday not to pause an upcoming trademark trial with its former Dutch partner over a licensing agreement that went south, saying the quickest way to a resolution of the long-running litigation is to finally bring it to a jury.

  • September 08, 2026

    7th Circ. Backs NLRB In Fire Company's Union Dispute

    The Seventh Circuit on Tuesday backed a federal labor enforcers' finding that an Illinois fire-suppression company breached an earlier settlement with its employees when it stopped recognizing their union and bargaining for a first contract.

  • September 08, 2026

    Artist Group Should Face 'WaveyBaby' TM Suit, Judge Says

    A New York federal magistrate judge has recommended allowing a streetwear company's trademark suit against artist collective MSCHF to proceed, finding it plausibly alleged that MSCHF's use of "Wavy Baby" for its now-discontinued sneaker was likely to cause confusion with the company's "WaveyBaby" mark.

  • September 08, 2026

    Apple Fights Masimo Bid To Add $243M To $634M Patent Win

    Apple has pressed a California federal judge to reject Masimo's request for nearly $243 million in interest atop a $634 million patent jury verdict on the Apple Watch's heart rate feature, saying the "staggering" damages are so large that adding more would be an "enormous windfall."

  • September 08, 2026

    10th Circ. Won't Block Utah Enforcement Amid Kalshi Appeal

    A pair of Tenth Circuit judges on Tuesday declined to shield Kalshi from Utah gaming regulators while it challenges a lower court ruling that cleared the way for the state to enforce its gambling laws against the firm's sports event contracts.

  • September 08, 2026

    Board Says Maduro Removal Requires Asylum Claim Redo

    The Board of Immigration Appeals said a judge failed to thoroughly consider the recent arrest and removal of Venezuelan President Nicolás Maduro before granting asylum to a woman who feared persecution for opposition to his government.

  • September 08, 2026

    Biz Groups Ask 8th Circ. To Nix Wells Fargo ERISA Suit

    The U.S. Chamber of Commerce and two benefit advocacy groups urged the Eighth Circuit to back the dismissal of a suit claiming Wells Fargo allowed a pharmacy benefit manager to overcharge workers for generic drugs, arguing that employers shouldn't be penalized for general gripes about healthcare costs.

  • September 08, 2026

    Fed. Circ. Backs Nuke Plants' Win In DOE Breach Case

    The Federal Circuit has affirmed a lower court ruling that the owners of three shuttered nuclear power plants were entitled to $145 million due to the U.S. Department of Energy's continued failure to accept spent nuclear fuel for disposal.

  • September 08, 2026

    5th Circ. Backs Ax Of $125M Judgment Over Judge Friendship

    A split Fifth Circuit panel Tuesday affirmed the vacatur of a trial by a magistrate judge that resulted in a $125 million judgment against Port of Lake Charles, finding the district court correctly found that the magistrate judge didn't fully disclose her 40-year, "close, multifaceted, and personal friendship" with IFG Port Holdings LLC's attorney.

  • September 08, 2026

    Fla. Court Misread Complex's Mural Rights Claim, Panel Told

    A Miami property owner on Tuesday urged a Florida state appellate panel to remand its case for a trial on damages over hosting exterior advertisements, arguing that a lower court misapplied the law when it found the complex couldn't establish liability after the city excluded it from a mural district.

  • September 08, 2026

    Motorola Tells DC Circ. That Google Search Payments 'Vital'

    Motorola on Friday backed Google with a D.C. Circuit amicus brief arguing the U.S. Department of Justice is wrong to call for a complete ban on Google paying cellphone-makers like Motorola to incorporate Google search into their devices.

  • September 08, 2026

    2nd Circ. Revives Suit Over NYC Murder Faked-Evidence Case

    The Second Circuit has partially revived a civil lawsuit from a New York City man wrongly convicted of a 1989 murder, giving the man another shot to hold the city accountable for violating his civil rights, and ruling that the cold case investigation of the killing fabricated evidence that affected the outcome of his trial.

  • September 08, 2026

    Conn. Justice Says $87M Telecom Bid 'Hard To Take Seriously'

    A once-bankrupt telecommunications company's bid for more than $80 million in interest on top of a $3.6 million judgment seemed "absurd" to one Connecticut Supreme Court justice hearing a 16-year-old contract dispute Tuesday, though he later said the party that hasn't paid shouldn't escape entirely unscathed.

  • September 08, 2026

    Fed. Circ. Urged To Overturn Natera's Cancer Test Patent Win

    ArcherDX is asking the Federal Circuit to fully free it from a Delaware federal jury's $19 million verdict for infringing Natera cancer diagnostic patents, saying the district court judge was wrong to only remove $10 million from that total.

  • September 08, 2026

    NC Supreme Court Considers Reviving 'Cardiac Pack' NIL Suit

    The North Carolina Supreme Court pointedly questioned the NCAA over its refusal to compensate members of the 1983 North Carolina State University championship basketball team Tuesday, expressing skepticism that the dispute was entirely snuffed out over late claims.

  • September 08, 2026

    Idaho Supreme Court OKs Revised Abortion Ballot Language

    The Idaho Supreme Court has agreed to revised ballot language for an abortion amendment scheduled to be in front of voters this November. 

  • September 08, 2026

    DC Circ. Seems To Back SEC FOIA Withholding In Data Breach

    A D.C. Circuit panel appeared skeptical Tuesday that a civil liberties group should get access to the identities and internal documents of U.S. Securities and Exchange Commission officials involved in a 2022 "control deficiency" that resulted in the dismissals of over 40 administrative cases.

Expert Analysis

  • Series

    Being A Magician Makes Me A Better Lawyer

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    The skills I've developed as a lifelong magician have translated directly into tangible benefits in the courtroom because performing magic and trying cases both live at the intersection of psychology, storytelling, timing and disciplined rehearsal, says Mark Dombroff at Fox Rothschild.

  • How Litigants Are Testing Conversion Therapy Ruling's Scope

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    Litigants are already using the U.S. Supreme Court’s recent Chiles v. Salazar ruling, which applied strict scrutiny to Colorado’s conversion therapy ban, to challenge laws limiting algorithmic rental pricing, artificial intelligence-based discrimination and anti-union employer speech, and courts must soon decide Chiles’ First Amendment limits, say attorneys at O'Melveny.

  • How Justices' TPS Ruling Affects Workforce Planning

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    The U.S. Supreme Court’s recent holding in Mullin v. Doe that courts lack jurisdiction to review temporary protected status determinations greenlights the end of TPS for thousands of Syrian and Haitian nationals, and means employers must reevaluate TPS-designees' employability while avoiding discriminatory document practices, says attorney Richard Herman.

  • How Pfizer Won Fed. Circ. Patent Dispute By 1 Carbon Atom

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    The Federal Circuit's recent refusal to revive a patent in Enanta Pharmaceuticals v. Pfizer over an alleged typo creating a one-atom difference in a COVID-19 treatment application hands defendants a template for potentially converting a triable fact question into an early dispositive ruling, say attorneys at Polsinelli.

  • What To Know Before Justices Rule In Title IX Employee Case

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    The U.S. Supreme Court is poised to decide whether Title IX protections extend to employees alleging sex discrimination in Crowther v. Board of Regents of the University System of Georgia, which could have significant implications for higher education institutions and their employees, say attorneys at Ropes & Gray.

  • Fed. Circ. Ruling Highlights The Cost Of Incorrect Inventorship

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    The Federal Circuit's recent decision in Fortress Iron v. Digger Specialties, affirming that a fencing company's patents were invalid due to a missing co-inventor, is a reminder that confirming correct inventorship should be a critical part of every patent invalidity workup, say attorneys at Neal Gerber.

  • Future Of Fed Independence Shaky After Justices' Ruling

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    The U.S. Supreme Court's recent ruling in Trump v. Cook preserved the Federal Reserve's formal independence but could invite the president to remove board members with just modest protections, leaving the central bank's autonomy uncertain and potentially setting up fresh clashes over other agencies, says Steven Schwinn at the University of Chicago.

  • Series

    Mich. Banking Brief: All The Notable Legal Updates In Q2

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    The second quarter brought several notable financial services law developments to Michigan, including a U.S. Supreme Court ruling on state tax foreclosures, progress on a money transmission modernization bill package, and continued legislative momentum on cryptocurrency and mortgage lending, say attorneys at Dykema.

  • Justices' Ruling Alters Playing Field For State Subpoena Suits

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    The U.S. Supreme Court’s decision in First Choice Women’s Resource Centers v. Davenport will spark more federal court challenges to state subpoenas, but procedural defenses will block some merits decisions, so plaintiffs must carefully time and manage parallel federal and state proceedings, say attorneys at Troutman.

  • Looking At Drake's Diss Track Appeal Through An IP Lens

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    Though Drake's pending Second Circuit appeal over UMG's promotion of Kendrick Lamar's "Not Like Us" is formally about defamation, it shows that IP considerations can help identify records showing how a work traveled, which may guide courts when deciding context, says attorney Abdul Abdullahi.

  • Series

    Bass Fishing Makes Me A Better Lawyer

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    Landing a trophy striped bass and closing a big deal both require cultivating the patience to finesse — not force — your way to desired outcomes, changing course when your old approach isn’t working and learning from the ones that got away, says Jon Ruiss at Alston & Bird.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q2

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    The year's second quarter brought several notable banking law developments to New York, including a proposal to align state stablecoin rules with the federal Genius Act, fresh fair lending and cybersecurity guidance from state regulators, and a significant Second Circuit holding on preemption, say attorneys at Ashurst Perkins Coie.

  • PacifiCorp Ruling Shows Limits Of Aggregate Wildfire Loss Models

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    An Oregon appeals court's recent decision in James v. PacifiCorp illustrates that in litigation involving multiple wildfires, materially different causation theories, and evidence tied to particular fires and locations, a single undifferentiated damages model is vulnerable to attack, say Paige Van Oosten and Jason Kim at Hunton and Kevin Cahill at FTI Consulting.

  • Roundup

    The Most Talked-About Supreme Court Decisions Of 2026

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    This term, 11 U.S. Supreme Court decisions quickly became hot topics among Law360's guest writers.

  • A New Defense For Medicaid Fraud Cases In Texas

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    The Texas Supreme Court decision in LabCorp v. Texas last month, finding that the state's False Claims Act requires proof that an omission is material, is among the first to establish that the government's lack of reaction to the defendant's disclosures rendered alleged omissions immaterial, say attorneys at Sheppard.

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