Appellate

  • June 17, 2026

    Full Fed. Circ. To Hear Immigration Judges' Firing Challenge

    The Federal Circuit on Wednesday agreed to conduct en banc review over the firing of two immigration judges, after the Merit Systems Protection Board ruled that they constituted inferior officers who are subject to at-will removal by the president.

  • June 17, 2026

    Justices Asked To Review 'Headscratching' Copyright Ruling

    A group of major music publishers has asked the U.S. Supreme Court to rein in a "headscratching" Fifth Circuit ruling that the music publishers say transformed U.S. copyright termination rights into a worldwide reset button for ownership of foreign copyrights.

  • June 17, 2026

    Sunoco Tells High Court It Was Denied Fair Patent Damages

    Sunoco wants the U.S. Supreme Court to hear its argument that it was shortchanged when it won "a mere $12 million" in a gasoline blending patent suit against Magellan Midstream, saying it wasn't given the opportunity to show that it actually lost more than 12 times that amount.

  • June 17, 2026

    Wash. Panel Says UIM Payment Doesn't Block IFCA Claim

    Washington state appeals court on Tuesday said an insurer cannot shake allegations that it unreasonably initially denied an injured driver's underinsured-motorist claims despite later paying the benefits, with the court noting a lack of instructive case law under the state's Insurance Fair Conduct Act.

  • June 17, 2026

    DOL Judge Delays H-2A Hearing Amid High Court Review

    A U.S. Department of Labor administrative law judge pushed a September hearing in an H-2A enforcement case against a Kentucky tobacco farm to August 2027, rescheduling the hearing while the U.S. Supreme Court considers the DOL's power to pursue monetary remedies in its in-house tribunal.

  • June 16, 2026

    2nd Circ. Judge Blasts 'Wrong' Video Privacy Test In NBA Suit

    The Second Circuit appeared poised Tuesday to uphold the dismissal of a proposed class action accusing the NBA of illegally sharing newsletter subscribers' video-viewing habits with Meta although one judge said prior rulings set the "wrong" circuit precedent for what data disclosures are prohibited by the Video Privacy Protection Act.

  • June 16, 2026

    New Docs Undercut Feds' TPS Appeal, Haitians Tell Justices

    Haitians challenging the Trump administration's now-postponed move to revoke temporary protected status for Haiti urged the U.S. Supreme Court on Tuesday to dismiss the administration's appeal, arguing that additional factual development is needed in light of newly disclosed documents.

  • June 16, 2026

    FIFA Mural Suit, Other Fights Showcase 'Obscure' Art Law

    As soccer heavyweights and underdogs square off in the FIFA World Cup, the sport's worldwide governing body is staring down a suit claiming the organization destroyed a mural and violated a unique intellectual property protection that has a history of thwarting the removal of public pieces of art.

  • June 16, 2026

    Pa. Justices Curb Philly DA Conviction Relief Concessions

    The Pennsylvania Supreme Court on Tuesday slammed the Philadelphia District Attorney's Office for making "misleading" concessions of prosecutorial misconduct to favor convicted murderers seeking to overturn their convictions, ordering lower courts to give the state attorney general a chance to intervene in such cases.

  • June 16, 2026

    Mark Cuban Urges 6th Circ. To Rehear Case Against FINRA

    Mark Cuban is throwing his weight behind a Sixth Circuit challenge to the constitutionality of the Financial Industry Regulatory Authority's in-house disciplinary proceedings, arguing in a Tuesday brief that the regulator shouldn't be allowed to penalize the owner of a consulting company without first affording him a trial. 

  • June 16, 2026

    Texas Appeals Court Reverses $73M Train Accident Judgment

    A Texas appeals court Tuesday reversed a $73 million judgment and ordered a new trial for a woman who sued Union Pacific Railroad Co. after a train hit her as she slept on the tracks, saying the trial court applied the wrong negligence standard.

  • June 16, 2026

    Pa. Justices Say Fraud Clock Began Before Corpse Found

    The Pennsylvania Supreme Court on Tuesday vacated a woman's convictions of taking her dead grandmother's Social Security money as time-barred, ruling that the statute of limitations began running when she stopped collecting the checks, not when her grandmother's body was found in her freezer.

  • June 16, 2026

    9th Circ. Rejects FCA Bid To Pause Headrest Class Trial

    The Ninth Circuit has rejected outright Fiat Chrysler's bid to pause class action proceedings over supposedly defective Jeep and Dodge headrests during the automaker's preparation of a petition to the U.S. Supreme Court as it pushes for arbitration in the case.

  • June 16, 2026

    Justices Told Jules Upends 3rd Circ. Arbitration Ruling

    Litigation funder Burford Capital told the U.S. Supreme Court on Tuesday that the justices' decision this year finding federal courts that have sent a dispute to arbitration retain jurisdiction in subsequent enforcement proceedings was enough to warrant undoing a Third Circuit decision the company called erroneous.

  • June 16, 2026

    Ga. Justices Uphold $42M Verdict In Hospital Death Suit

    The Georgia Supreme Court refused to grant a new trial or lower a $42 million jury verdict in a wrongful death case filed by the fiance and estate of a woman who died in the hospital after giving birth to her daughter by cesarean section.

  • June 16, 2026

    6th Circ. Says CFTC Can't Argue In Kalshi, Ohio Betting Fight

    The Sixth Circuit denied a bid by the U.S. Commodity Futures Trading Commission to appear as an amicus during oral arguments in Kalshi's appeal of a lower court ruling denying it a temporary enforcement shield in the prediction market platform's dispute with Ohio state officials.

  • June 16, 2026

    Calif. Panel Upholds $19.5M Verdict In Bicycle Crash Suit

    A California state appeals court has affirmed a $19.5 million verdict against a motorist who ran a red light and struck a bicyclist at a crosswalk, rejecting the driver's argument that the sum was excessive because the jury heard prejudicial testimony about her not wearing her prescription glasses.

  • June 16, 2026

    Nationwide Aims To Decertify 50K ERISA Class Ahead Of Trial

    Nationwide urged an Ohio federal judge to cut down a class of 50,000 401(k) plan participants who claimed the company mismanaged a fund in its retirement plan, pointing to a recent Fourth Circuit ruling that said defined contribution plans require too many individual assessments to earn class certification.

  • June 16, 2026

    Oral Arguments In Comey, James Appeal Set For September

    The Fourth Circuit has scheduled in-person oral arguments for the Trump administration's appeal of the dismissals of indictments against former FBI Director James Comey and New York Attorney General Letitia James for Sept. 15-18.

  • June 16, 2026

    Roy Moore Seeks High Court Stay In PAC Defamation Fight

    Former Alabama judge Roy Moore on Tuesday asked the U.S. Supreme Court to issue an emergency stay of the Eleventh Circuit's decision to toss the $8.2 million defamation verdict he was awarded over claims that a Democratic PAC's ad suggested he solicited a minor for sex.

  • June 16, 2026

    Stolen Skull Can't Lead To Ill. County Liability, 7th Circ. Says

    An Illinois county's coroner cannot be held liable for a former official's "abhorrent" practice of saving his examination subjects' skulls because the conduct itself was illegal and not part of his state-imposed duty to return bodily remains, a split Seventh Circuit panel has ruled.

  • June 16, 2026

    Insurers Ask Justices To Review Hurricane Arbitration Ruling

    A group of insurers asked the U.S. Supreme Court to review a Fifth Circuit decision blocking arbitration of a Louisiana town's hurricane damage coverage suit, saying circuit courts are split over the application of federal or state law to determine whether nonsignatories can enforce an international arbitration agreement.

  • June 16, 2026

    7th Circ. Scraps American Airlines Toxic Uniforms Suit

    The Seventh Circuit said Tuesday that American Airlines employees suing over allegedly toxic uniforms didn't have sufficient expert evidence suggesting the uniforms triggered their allergic reactions and other health symptoms, rejecting their bid to invoke the legal doctrine of res ipsa loquitur to infer a defect or negligence.

  • June 16, 2026

    Justices Asked To Revive $77M In Trade Secret Damages

    Plastics manufacturer Trinseo Europe GmbH has asked the U.S. Supreme Court to restore a verdict of more than $77 million that it won stemming from trade secret misappropriation allegations against a former Dow Chemical Co. employee and engineering firm KBR, saying the Fifth Circuit went against precedent when it endorsed an approach to damages that "is the antithesis of flexible."

  • June 16, 2026

    5th Circ. Revives Plane Crash Suit Under Texas Tolling Law

    The Fifth Circuit on Tuesday revived a suit alleging that a pilot's severe crash injuries were caused by several companies' defective parachute and safety systems, saying the Texas Savings Statute does indeed apply to the pilot's third lawsuit related to the crash.

Expert Analysis

  • 3 Disgorgement Questions Linger After Justices' SEC Ruling

    Author Photo

    While the U.S. Supreme Court’s recent decision in Sripetch v. U.S. Securities and Exchange Commission avoided placing new limits on the SEC’s disgorgement powers, it passed over several questions, including whether the commission can seek disgorgement when returning the money to investors isn't possible, says David Slovick at Kopecky Schumacher.

  • Checking For AI Errors Is Now A Two-Way Street

    Author Photo

    A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

  • Opinion

    Federal Circuit Should Implement Mini En Banc Process

    Author Photo

    To fulfill its mission of uniformity in patent law while avoiding the challenges of en banc hearings, the Federal Circuit should institute mini en bancs — allowing regular three-judge panels to exercise en banc powers unless a majority of the court says otherwise, says Joshua Sohn at the U.S. Department of Justice.

  • What's Next After Justices' Last-Mile Driver Arbitration Ruling

    Author Photo

    The U.S. Supreme Court's recent decision in Flowers Foods v. Brock, refusing to narrow the scope of a Federal Arbitration Act exemption for workers engaged in interstate commerce, gives previously unprotected workers access to litigation, but preserves two potentially powerful arguments for future proceedings, say attorneys at Husch Blackwell.

  • Series

    The Biz Court Digest: Shoring Up Corporate Law In Maryland

    Author Photo

    Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

  • How End Of SEC 'Gag Rule' Affects Free Speech Certiorari Bid

    Author Photo

    The Securities and Exchange Commission's recent rescission of the so-called gag rule, which forbade defendants in settlements from denying the SEC’s allegations, may sway the outcome of a petition to the Supreme Court in a case challenging the rule on First Amendment grounds, say attorneys at Troutman.

  • 2nd Circ.'s Embedded Video Ruling May Protect Publishers

    Author Photo

    The Second Circuit's recent decision in Richardson v. Townsquare, dismissing an infringement claim arising from an embedding of a YouTube-hosted interview, reaffirms a potent defense for publishers who regularly use social media platforms' embed functionality, says Amanda Harris at Jassy Vick.

  • Federal Officer Removal After Justices' La. Pollution Ruling

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Appellate archive.