Appellate

  • June 17, 2026

    Fed. Circ. Affirms No Block On Stryker Spine Device In IP Fight

    The Federal Circuit on Wednesday agreed with a lower court decision rejecting Boston Scientific Corp.'s request to temporarily block Stryker Corp. from launching a back pain device, saying Stryker made a good enough case that it didn't cause physicians to infringe a patent on the treatment.

  • June 17, 2026

    Venezuela Wins Bid To Delay Hearing In Citgo Sale Case

    The Third Circuit has agreed to a two-month postponement of oral arguments in Venezuela's challenge of a Delaware judge's order greenlighting the nearly $6 billion sale of Citgo to satisfy billions of dollars of the country's debt, days after Caracas announced that it was switching counsel.

  • June 17, 2026

    Colo. Says It's Clear: EPA Rebuffed Haze Plan To Prop Up Coal

    Colorado on Tuesday urged the Tenth Circuit to vacate the U.S. Environmental Protection Agency's rejection of the state's plan to limit regional haze, calling the agency's argument that closing a coal-fired power plant might be unconstitutional under the Fifth Amendment a "pretext for propping up" the industry.

  • June 17, 2026

    Luxottica, Ex-Worker End Pension Suit Over Annuity Benefits

    Luxottica and a former worker who challenged the company's methodology for paying annuity benefits agreed Wednesday to resolve a proposed class action, a month after the nation's highest court declined the eyewear-maker's bid to review a Second Circuit ruling keeping some of her claims out of arbitration.

  • June 17, 2026

    Employer Didn't Control Benefits In Death Case, 3rd Circ. Says

    A Third Circuit panel on Wednesday upheld the dismissal of a man's lawsuit alleging his late wife's employer improperly denied life insurance benefits, finding the employer had no control over whether benefits were paid out.

  • June 17, 2026

    Ga. High Court Allows Rape Evidence In Separate Murder Trial

    The Georgia Supreme Court has ruled that prosecutors can bring in evidence of rape and aggravated sexual battery as part of a man's parallel malice murder case in the killing of an Atlanta woman.

  • June 17, 2026

    NC Clinic, School District Must Face COVID Vax Challenge

    A North Carolina state appeals panel issued its second opinion in a lawsuit from the mother of a teenager who alleged he was vaccinated for COVID against his will, finding Wednesday that she adequately put forward constitutional claims and can pursue allegations against a school district and medical society clinic in trial court.

  • June 17, 2026

    Mich. Court Says Rental Cap Affects Senior Care Home Value

    The Michigan tax tribunal wrongly ruled that a senior care facility's low-income units shouldn't be considered when assessing the property, a state appeals court panel said, remanding the case back to determine its valuation considering the rental restrictions.

  • June 17, 2026

    Sanctioned IP Atty Tells Fed. Circ. 'Integrity' On The Line

    An attorney who was sanctioned in a trade dress infringement case due to what a judge said were his repeated misrepresentations has asked the Federal Circuit to lift the penalties against him and his client, saying his "professional and personal integrity, and my family, depends on it."

  • June 17, 2026

    Panel Says No Ban On Concealed Guns For Those Under 21

    A Florida appellate panel on Wednesday ruled against a state law prohibiting 18- to 20-year-olds from carrying concealed firearms, saying the ban is unconstitutional. 

  • June 17, 2026

    Pa. Land Trust's Exemption Must Be Revisited, Court Rules

    A Pennsylvania trial court must reconsider the charitable use of land owned by a trust under an analysis provided by the appellate Commonwealth Court and reevaluate whether the land is eligible for a charitable tax exemption, the appellate court ruled Wednesday.

  • June 17, 2026

    Trade Desk, Investor Spar Over Emails In Nevada Move Appeal

    A stockholder and The Trade Desk Inc. urged the Delaware Supreme Court on Wednesday to reach opposite conclusions about whether the advertising technology company must turn over director emails and other informal communications tied to its move from Delaware to Nevada.

  • June 17, 2026

    Ga. Justices Probe Savannah's Immunity In Tourist Fall Suit

    Georgia's justices Wednesday questioned how much immunity property owners should enjoy under a state law designed to limit liability during recreational activities as it considered whether to revive a woman's trip-and-fall suit against the city of Savannah.

  • June 17, 2026

    Trump Seeks Emergency Stay On Discovery In Jan. 6 Suits

    President Donald Trump is asking the D.C. Circuit to halt proceedings in one of eight consolidated Jan. 6 lawsuits, arguing in an emergency stay motion Tuesday that a district judge erred by letting discovery against co-defendants continue while claims against Trump himself are paused.

  • 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.

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.