Appellate

  • December 11, 2025

    6th Circ. Hesitant To Call CDC Puppy Import Rule A 'Ban'

    Sixth Circuit judges on Thursday appeared skeptical that updated U.S. Centers for Disease Control and Prevention rules for bringing in dogs from other countries amounted to a ban that exceeded the agency's authority, but still challenged the agency on why age and microchip requirements are needed to prevent the spread of rabies.

  • December 11, 2025

    Colo. Appeals Court Backs New Reasonable Doubt Instruction

    A split Colorado appeals court Thursday upheld the use of a new model jury instruction on a reasonable doubt standard that a man convicted of possessing child sexual abuse material said lowered the burden for prosecutors to prove that a defendant is guilty.

  • December 11, 2025

    Trial Record Backs Gender-Affirming Care, Ohio Justices Told

    A group of transgender youths and their families urged Ohio's highest court to affirm their win overturning state restrictions on gender-affirming care, arguing undisputed evidence at trial backed their arguments on the safety and effectiveness of the treatment.

  • December 11, 2025

    Life Insurers Exempt From Ill. Genetic Privacy Law, Court Says

    An Illinois state appeals court affirmed the dismissal of a man's suit claiming two State Farm life insurers violated Illinois' genetic information privacy law, finding a section barring the use of genetic protected health information for underwriting purposes does not apply to life insurance companies.

  • December 11, 2025

    Tracking Challenges To USPTO's Discretion Policy

    Leaders at the U.S. Patent and Trademark Office have significantly altered the Patent Trial and Appeal Board playing field since March, making changes to institution reviews that have led to unprecedented levels of petition denials. A steady stream of companies has challenged those changes through mandamus petitions to the Federal Circuit, and here Law360 tracks where those petitions stand.

  • December 11, 2025

    Pharmacies Battle For Coverage Of Opioid Lawsuit Claims

    Publix Super Markets and a Georgia-based generic-drug wholesaler urged the Eleventh Circuit on Thursday to force their insurers to defend them in numerous lawsuits accusing the pharmacies of improperly distributing opioids, arguing their policies' coverage for "bodily injury" should include the suits.

  • December 11, 2025

    10th Circ. Reveals Judge Contacted Ex-Atty In 'Tiger King' Case

    A Tenth Circuit panel considering a copyright infringement claim against Netflix over a video clip in its popular "Tiger King" docuseries has requested the parties' input on whether a judge on the panel should recuse himself after inadvertently contacting a former attorney of the plaintiff last month on an unrelated legal matter.

  • December 11, 2025

    CSX Seeks Rehearing In Conductor's Retaliation Suit

    CSX Transportation Inc. is asking the Second Circuit to reconsider its recent decision reviving a former conductor's suit alleging he was fired in retaliation for reporting a hostile work environment, saying the panel wrongly overturned the circuit's own precedent.

  • December 11, 2025

    NJ Sens. Urge Cooperation On Next NJ US Attorney Nom

    The New Jersey senators are looking to collaborate with the White House to find a new nominee for U.S. attorney for the District of New Jersey after the president's initial pick failed.

  • December 11, 2025

    5th Circ. Weighs Constitutionality Of Gun Dealer Licensing Law

    A Fifth Circuit panel seemed dubious Thursday of a gun dealer's claim that licensing requirements imposed on firearm merchants run afoul of the Second Amendment, asking if the dealer was arguing that the federal government cannot regulate gun sellers.

  • December 11, 2025

    5th Circ. Backs Tex. Man's Convictions In $3.6M Fraud Scheme

    The Fifth Circuit upheld conspiracy convictions for a Dallas man accused of fleecing a bank out of $3.6 million in renewed business loans, after rejecting his argument that the jury's learning of his brother's guilty plea tainted his case, ruling Wednesday that the plea did not directly implicate the man in the conspiracy.

  • December 11, 2025

    3rd Circ. Won't Toss Drug Plea Over Judge's Involvement

    The Third Circuit on Thursday refused to vacate a plea agreement in a drug case, finding that while a Pennsylvania federal judge violated judicial rules by imposing a longer sentence than prosecutors wanted, the defendant was unable to prove that the interference substantially violated his rights.

  • December 11, 2025

    Mich. Justices Weigh If Quitting Can Start Whistleblower Clock

    Michigan's Supreme Court justices on Thursday pressed an attorney for a school district on whether a buildup of alleged harassment can allow a worker to claim the adverse treatment forced them to resign — and whether that triggers the time window to bring a suit under the state's Whistleblower Protection Act.

  • December 11, 2025

    NJ Justices Say Teacher Was 'Essential' During Pandemic

    An Ocean Township teacher who died from COVID‑19 in 2020 was an "essential employee" entitled to a statutory presumption that her illness was work-related, the New Jersey Supreme Court affirmed Thursday, rejecting the school district's arguments that the workers' compensation judge improperly granted summary relief without supporting affidavits.

  • December 11, 2025

    4th Circ. Suppresses Gun Found In Illegal Traffic Stop Search

    A West Virginia man sentenced to more than two years in federal prison for illegal possession of a firearm should not have been searched during a 2023 traffic stop, a unanimous Fourth Circuit panel ruled Thursday, finding that a gun found on him should have been suppressed.

  • December 11, 2025

    6th Circ. Seems Skeptical Of Ex-Paralegal's Harassment Claim

    The Sixth Circuit on Thursday seemed to lean toward a broad interpretation of a 2022 law that bars mandatory arbitration for sexual harassment cases, but appeared skeptical that a sexual harassment claim by a former Adams & Reese LLP paralegal passed muster.

  • December 11, 2025

    Split Pa. Panel Blocks Police Reports On Liquor Licensee

    A trial court was wrong to deny a Philadelphia establishment's appeal for renewal of its liquor license, since nearly a dozen police reports the court considered should have been excluded as hearsay, a split appellate panel said Thursday.

  • December 11, 2025

    Duolingo, CoStar Prevail In Font Patent Fight At Fed. Circ.

    The Federal Circuit on Thursday refused to revive a pair of computer font patents challenged by Duolingo Inc. and CoStar Realty Information Inc., backing the Patent Trial and Appeal Board findings that the patents were invalid.

  • December 11, 2025

    Natural Gas Tax Nixed For Wash. Silicon Maker On Appeal

    A Washington state maker of silicon materials used in solar semiconductors qualified for a tax exemption for natural gas purchased for use in its manufacturing process, an appeals court said Thursday, reversing a state board.

  • December 11, 2025

    MVP: Jenner & Block's Adam Unikowsky

    Adam Unikowsky of Jenner & Block LLP's appellate practice got a U.S. Supreme Court victory in February on behalf of unemployment claimants. He also obtained a Second Circuit panel majority win for Uber and Postmates in a proposed antitrust class action and a partial win at the First Circuit in a challenge to a Rhode Island toll on tractor trailers, earning him a spot as one of the 2025 Law360 Appellate MVPs.

  • December 11, 2025

    Ga. Justices Leave $500K Atty Fee Lien In Place

    The Georgia Supreme Court decided it won't review a lower appellate court's ruling that upheld a nearly $500,000 lien awarded to a team of Atlanta personal injury lawyers who said they were bilked by a former client.

  • December 11, 2025

    6th Circ. Panel Shows No Leanings On PBM Jurisdiction Fight

    A Sixth Circuit appeals panel gave few hints Thursday on whether it would send back to state court a lawsuit from Ohio alleging that pharmacy benefit managers were driving up prescription prices through rebate schemes. 

  • December 11, 2025

    Grassley Urges White House To Step It Up On Noms

    Sen. Chuck Grassley, chair of the Senate Judiciary Committee, had a message for the White House Thursday: "Get on the ball" with nominations for U.S. attorneys and the judiciary.

  • December 11, 2025

    Feds Challenge Utah Tribe's 1800 Act Land Ownership Claim

    The federal government is asking the D.C. Circuit to reject a bid by the Ute Indian Tribe to reverse a lower court decision that denied it ownership of 1.5 million acres of U.S. land, saying the challenge is based on mischaracterizations of a 19th century law.

  • December 11, 2025

    Full 11th Circ. Won't Review Marijuana Enhancement Sentence

    The Eleventh Circuit, in refusing to rehear the decision, has upheld a 15-year prison sentence for a man who claimed an enhancement to a federal firearms conviction for a marijuana offense violated his rights under the equal protection clause of the Constitution.

Expert Analysis

  • Key Crypto Class Action Trends And Rulings In 2025

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    As the law continued to take shape in the growing area of crypto-assets, this year saw a jump in crypto class action litigation, including noteworthy decisions on motions to compel arbitration and class certification, says Justin Donoho at Duane Morris.

  • NBA, MLB Betting Indictments: Slam Dunks Or Strikeouts?

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    Recent fraud charges against bettors, NBA players and MLB pitchers raise questions about what the government will need to prove to prosecute individuals involved in placing bets based on nonpublic information, and it could be a tough sell to juries, say attorneys at Ford O'Brien.

  • Series

    Knitting Makes Me A Better Lawyer

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    Stretching my skills as a knitter makes me a better antitrust attorney by challenging me to recalibrate after wrong turns, not rush outcomes, and trust that I can teach myself the skills to tackle new and difficult projects — even when I don’t have a pattern to work from, says Kara Kuritz at V&E.

  • Eveready Vs. Squirt: How Trademark Surveys Fare In 9th Circ.

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    An analysis of how two consumer surveys for measuring confusion in trademark disputes perform in the Ninth Circuit across pivotal points in trademark cases' progression reveals insights not only on how the two formats stack up against each other, but also how to maximize a survey's effectiveness, say attorneys at Dorsey.

  • Series

    The Biz Court Digest: Welcome To Miami

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    After nearly 20 years in operation, the Miami Complex Business Litigation Division is a pioneer upon which other jurisdictions in the state have been modeled, adopting many innovations to keep its cases running more efficiently and staffing experienced judges who are accustomed to hearing business disputes, say attorneys at King & Spalding.

  • Identifying And Resolving Conflicts Among Class Members

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    As the Fifth Circuit's recent decision in Nova Scotia Health Employees' Pension Plan v. McDermott International illustrates, intraclass conflicts can determine the fate of a class action — and such conflicts can be surprisingly difficult to identify, says Andrew Faisman, a clerk at the U.S. District Court for the Southern District of New York.

  • 1st-Of-Its-Kind NIL Claim Raises Liability Coverage Questions

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    The University of Georgia Athletic Association recently sought to compel arbitration against former UGA football player Damon Wilson in a first-of-its-kind legal action for breach of a name, image and likeness contract, highlighting questions around student-athlete employment classification and professional liability insurance coverage, says Sarah Abrams at Baleen Specialty.

  • Rule Update May Mean Simpler PFAS Reports, Faster Timeline

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    The U.S. Environmental Protection Agency's recently proposed revisions to the Toxic Substances Control Act's per- and polyfluoroalkyl substances reporting rule would substantially narrow reporting obligations, but if the rule is finalized, companies will need to prepare for a significantly accelerated timeline for data submissions, say attorneys at Alston & Bird.

  • Navigating The New Patchwork Of Foreign-Influence Laws

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    On top of existing federal regulations, an expanding wave of state legislation — placing new limits on foreign-funded political spending and new registration requirements for foreign agents — creates a confusing compliance backdrop for corporations that demands careful preplanning, say attorneys at BakerHostetler.

  • AI Evidence Rule Tweaks Encourage Judicial Guardrails

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    Recent additions to a committee note on proposed Rule of Evidence 707 — governing evidence generated by artificial intelligence — seek to mitigate potential dangers that may arise once machine outputs are introduced at trial, encouraging judges to perform critical gatekeeping functions, say attorneys at Lankler Siffert & Wohl.

  • Series

    The Law Firm Merger Diaries: Getting The Message Across

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    Communications and brand strategy during a law firm merger represent a crucial thread that runs through every stage of a combination and should include clear messaging, leverage modern marketing tools and embrace the chance to evolve, says Ashley Horne at Womble Bond.

  • How High Court Could Upend Campaign Spending Rules

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    In National Republican Senatorial Committee v. Federal Election Commission, the U.S. Supreme Court will hear arguments about the constitutionality of coordinated party contribution spending caps, and its decision will have immediate practical effects just as the 2026 election gets underway, says Bill Powers at Spencer Fane.

  • Previewing Justices' Driver Arbitration Exemption Review

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    The U.S. Supreme Court's forthcoming decision in Flowers Foods v. Brock, addressing whether last-mile delivery drivers are covered by the Federal Arbitration Act's exemption for transportation workers, may require employers to reevaluate the enforceability of arbitration agreements for affected employees, say attorneys at Sullivan & Cromwell.

  • Opinion

    Horizontal Stare Decisis Should Not Be Casually Discarded

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    Eliminating the so-called law of the circuit doctrine — as recently proposed by a Fifth Circuit judge, echoing Justice Neil Gorsuch’s concurrence in Loper Bright — would undermine public confidence in the judiciary’s independence and create costly uncertainty for litigants, says Lawrence Bluestone at Genova Burns.

  • How Fed. Circ. Shaped Subject Matter Eligibility In 2025

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    The Federal Circuit's most impactful patent eligibility decisions this year, touching on questions about obviousness and abstractness, provide a toolbox of takeaways that can be utilized during patent preparation and prosecution to guard against potential challenges, says Reilley Keane at Banner Witcoff.

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