Appellate

  • July 07, 2026

    Fed. Circ. Side-Eyes No Sanctions For 'Very Bad' Game Patent

    A Federal Circuit panel seemed ready Tuesday to revive a company's bid for sanctions after it defeated Epic Tech LLC's patent case, with one judge calling the patent "very bad" and saying "if I were the district court judge in this case, I 100% would have granted the attorney's fees."

  • July 07, 2026

    9th Circ. Appears Icy Toward Calif. Captive Meeting Law

    The Ninth Circuit seemed hesitant Tuesday to unblock a 2-year-old California law that prohibits employers from punishing workers for skipping what are commonly known as captive audience meetings in which companies convey views about political or religious topics, with two judges suggesting that the statute infringes on employers' free speech rights.  

  • July 07, 2026

    5th Circ. Says Gov't May Be Liable For Steward's Truck Hit

    A Fifth Circuit panel said Tuesday that the government may owe damages to a woman a Customs and Border Protection agent and union officer struck with his truck, reversing a ruling that he was on an errand outside the scope of his work.

  • July 07, 2026

    Mass. Court Orders New Sex Abuse Trial Over Testimony

    A man found guilty of raping and sexually abusing girls in his family is entitled to a new trial, a Massachusetts appeals panel said Tuesday, finding that evidence of his prior bad acts was admitted improperly and may have overwhelmed and prejudiced the jury.

  • July 07, 2026

    Trucking Co. 'Predictive Model' Doesn't Moot OT, 9th Circ. Told

    Truck drivers denied overtime under a Fair Labor Standards Act carveout for interstate commerce urged the Ninth Circuit on Tuesday to find they're entitled to the pay, saying that they drove only within California and that their employers' "predictive model" order fulfillment system doesn't qualify their deliveries as interstate commerce.

  • July 07, 2026

    2nd Circ. Says Investor Can Keep Bed Bath & Beyond Profits

    The Second Circuit on Tuesday found that a late investor in defunct retailer Bed Bath & Beyond can keep the profits from its sale of the company's stock, rejecting claims that a contractual cap on the investor's share ownership was a sham.

  • July 07, 2026

    6th Circ. Revives Pilot's Disability Claims In Vaccination Row

    In an unpublished opinion issued Monday, a Sixth Circuit panel revived some disability claims brought against Kalitta Air LLC by a cargo pilot after he was fired for refusing to get a second COVID-19 vaccine because he suffered a severe reaction from the first dose.

  • July 07, 2026

    DC Circ. Backs Tax Bribery Convictions Despite Jury Error

    A D.C. Circuit panel refused on Tuesday to reverse a lower court's judgments against two men in connection to a bribery scheme carried out to evade $2.3 million in business tax obligations, finding a jury instruction error "harmless," among other unsuccessful arguments.

  • July 07, 2026

    8th Circ. Says Murder Charge Backs Sentence Enhancement

    The Eighth Circuit held that a prior third degree murder conviction counts as a crime of violence for purposes of a later sentencing enhancement in a gun case because the Minnesota state law in the murder case was substantially similar to the generic definition of murder.

  • July 07, 2026

    7th Circ. Rejects Internet Scammer's Phone Search Appeal

    Federal border agents did not need a warrant or probable cause before manually searching a fraudster's cellphone for evidence upon his return flight to the United States, the Seventh Circuit said Monday, keeping the evidence a part of his case.

  • July 07, 2026

    DC Circ. Nixes Part Of IAM Fund's $13M Liability Win

    The D.C. Circuit on Tuesday partially unraveled an early win for a multiemployer pension fund in a dispute over $13 million in withdrawal liability against several Illinois truck dealership companies, holding the lower court needed to recalculate some of the interest and damages assessed.

  • July 07, 2026

    11th Circ. Upholds Block of Fla. 'Stop WOKE' Law

    The Eleventh Circuit upheld a lower court's preliminary injunction on a Florida law that restricts classroom discussion of race and gender, finding on Tuesday that the law violates the First Amendment's free speech protections. 

  • July 07, 2026

    Ohio Panel Says Man's Seizure Justifies Plea Withdrawal

    An Ohio state appeals court has ruled that a man who suffered a seizure in court prior to signing a plea agreement can withdraw from the deal because the medical emergency may have rendered him unable to intelligently enter into the agreement.

  • July 07, 2026

    Groups Tell 4th Circ. Not To Let Sandoz 'Relitigate' Enbrel

    Pharmaceutical groups and the Washington Legal Foundation backed Amgen in amicus briefs Monday urging the Fourth Circuit not to revive Sandoz's antitrust claims, arguing that if Sandoz wanted to litigate blocked biosimilar competition to Enbrel, it needed to do so when Amgen sued it for patent infringement.

  • July 07, 2026

    GM, Drivers Tell 6th Circ. Opt-Outs Delaying $150M Settlement

    General Motors and class members who secured a $150 million settlement in a class action over alleged fire risks in the Chevrolet Bolt on Tuesday asked the Sixth Circuit not to let a small group of drivers opt out of the deal — or hold it up in their attempts to do so.

  • July 07, 2026

    Feds Push 3rd Circ. To Restore ACA Birth Control Exemptions

    Lawyers for the Trump administration and a Catholic religious order Tuesday asked the Third Circuit to restore broad exemptions to the Affordable Care Act's birth control coverage mandate, arguing federal agencies had discretion to pass rules that effectively enabled employers to "opt in" to the mandate rather than opt out.

  • July 07, 2026

    NJ Union Loses Appeal In Insurance Opt-Out Arbitration Row

    A New Jersey appellate panel Tuesday affirmed a state labor agency's decision blocking arbitration over Essex County's refusal to pay health insurance opt-out reimbursements to correction officers who receive state health benefits through their spouses, finding state law preempted the union's grievance.

  • July 07, 2026

    ChatGPT Edits Weren't 'Knowing' Errors, Conn. Justices Told

    A GLG Law LLC lawyer who blamed ChatGPT for misquotes and citation errors in three filings told the Connecticut Supreme Court on Tuesday he did not violate an ethics rule requiring candor to the tribunal because his briefs, though inaccurate, contained correct assertions about the law.

  • July 07, 2026

    5th Circ. Again Nixes Challenge To La. 340B Drug Delivery Law

    A Fifth Circuit panel doubled down on its decision to uphold a Louisiana law prohibiting drug manufacturers from blocking contracts between pharmacies and providers in the federal 340B drug discount program, reiterating that conclusion upon rehearing but this time allowing intervention by an advocacy group.

  • July 07, 2026

    Ga. Justices Disbar Lawyer Over Child Welfare Guilty Plea

    The Georgia Supreme Court on Tuesday disbarred an attorney for violating the Georgia Rules of Professional Conduct after he pled guilty in August 2025 to one count of endangering the welfare of children in the third degree in New Jersey.

  • July 07, 2026

    5th Circ. Backs Saltgrass In Texas Restaurant Land Row

    The Fifth Circuit backed steakhouse chain Saltgrass Inc.'s quick win in a property contract dispute that involved the planned demolition of a former Joe's Crab Shack restaurant in Humble, Texas, ruling that the demolition contractually requires Saltgrass' permission.

  • July 07, 2026

    NJ Panel Backs Atty's Trimmed Government Pension Credits

    A New Jersey state appeals court said the state's public employee pension system was right to shave eight years of service off a government prosecutor's retirement credits, finding he couldn't skirt a change in law that blocked contractors of professional services from collecting benefits.

  • July 07, 2026

    Grocers' Microcaptive Not Valid For Tax Benefit, 7th Circ. Told

    Chicagoland grocery chain owners were not entitled to microcaptive tax benefits because they failed to establish a bona fide in-house insurance arrangement, the government told the Seventh Circuit, saying the U.S. Tax Court correctly held that state law does not control the federal tax definition of insurance.

  • July 07, 2026

    10th Circ. Revives Voter Intimidation Suit Over Canvassing

    The Tenth Circuit revived voter intimidation claims against three Colorado election activists and a private group they formed to investigate alleged voter fraud after the 2020 election, holding that a lower court wrongly tossed the group from the case and too narrowly limited evidence about its canvassing campaign.

  • July 07, 2026

    Justices To Defend Court's Budget In Rare Hill Testimony

    U.S. Supreme Court Justices Amy Coney Barrett and Elena Kagan will testify before House and Senate committees on July 14, marking the first time in seven years that a sitting justice has gone before lawmakers.

Expert Analysis

  • 3rd Circ. Decision Sheds Light On BIPA Bank Exemption

    Author Photo

    The Third Circuit's recent decision in McGoveran v. Amazon illuminates how courts are extending the Illinois Biometric Information Privacy Act's financial institution carveout beyond banks and insurers to technology vendors and other businesses handling biometric data, a defendant-friendly shift that still casts uncertainty around BIPA's enforcement, say attorneys at Dorsey & Whitney.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

    Author Photo

    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • Series

    Moshing Makes Me A Better Lawyer

    Author Photo

    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • High Court Ruling Casts Doubt On Status-Based Gun Bans

    Author Photo

    The U.S. Supreme Court’s recent ruling in U.S. v. Hemani demonstrates that the justices are increasingly skeptical of broad theories of categorical disarmament and clarifies that dangerousness cannot simply be presumed from one's status or membership in a statutory category, such as illegal drug use, says Lee Francis at Widener Law.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

    Author Photo

    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • Steps For Employers After 7th Circ. BIPA Retroactivity Ruling

    Author Photo

    The Seventh Circuit's recent ruling in Clay v. Union Pacific sharply limits per-scan statutory damages theories in pending Biometric Information Privacy Act cases by retroactively applying a 2024 amendment, but employers should not mistake the holding for a broad safe harbor, say attorneys at Thompson Coburn.

  • How NEPA Review Has Changed Since Seven County

    Author Photo

    A year after the U.S. Supreme Court's decision in Seven County Infrastructure Coalition v. Eagle County instituted major changes to judicial review under the National Environmental Policy Act, courts are effectively applying the decision, but where things go from here may be up to agencies and project proponents, say attorneys at Venable.

  • A Midyear Look At Antiterrorism Act Jurisprudence And Policy

    Author Photo

    Plaintiffs have filed comparably fewer new actions under the Antiterrorism Act this year, though a handful of key decisions further defined the statute’s aiding-and-abetting standard and highlighted continuing risks for financial services companies, say attorneys at Skadden.

  • Justices' ICA Ruling Provides Certainty For Regulated Funds

    Author Photo

    The U.S. Supreme Court's recent ruling in FS Credit v. Saba that a contract-rescission provision of the Investment Company Act does not provide investors with a private right of action is a victory for the regulated fund industry, emphasizing that where Congress intended to create private remedies, it did so expressly, say attorneys at Simpson Thacher.

  • Justices' Obstruction Ruling Clears Venue-Challenge Path

    Author Photo

    While the U.S. Supreme Court’s recent ruling in Abouammo v. U.S. poses venue challenges for federal obstruction of justice prosecutions, it is a gift for defense counsel because it offers a clean, constitutional basis to challenge venue where a place of falsification and a place of investigation diverge, says Liz Aloi at MoFo.

  • Drawing A Line Between Settlement Pressure And Extortion

    Author Photo

    U.S. v. Luo, pending in the U.S. District Court for the Southern District of New York, may force courts to address anew when settlement negotiations become criminal extortion, particularly in the age of easily fabricated digital evidence, says attorney Denis Kiely.

  • Recent Cases Clarify When Risk Disclosures Trigger Liability

    Author Photo

    Several recent decisions highlight circumstances where risk disclosures can constitute actionable misrepresentations, providing clarity on how the Private Securities Litigation Reform Act's safe harbor and the common-law bespeaks caution doctrine apply to risk disclosures, and how publicly traded companies can guard against such claims, say attorneys at Katten.

  • Securities Class Cert., 5 Years After Goldman Ruling

    Author Photo

    The U.S. Supreme Court's 2021 decision in Goldman Sachs Group v. Arkansas Teacher Retirement System has not only armed defendants in securities cases with more arguments in individual class certification fights, but may also be providing greater certainty and finality in class certification battles, say attorneys at Skadden.

  • Opinion

    Md., Colo. Climate Rulings Point To Need For Federal Solution

    Author Photo

    As the U.S. Supreme Court prepares to review the Colorado Supreme Court's 2025 ruling in Boulder County v. Suncor U.S. Inc., which green-lit a state-level climate lawsuit, a recent conflicting ruling from the Maryland Supreme Court underscores why a uniform federal answer on climate litigation is needed now, says Phil Goldberg at Shook Hardy.

  • High Court's FCC Ruling Adds To Comms Industry Paradox

    Author Photo

    The Supreme Court's recent decision in Federal Communications Commission v. AT&T, finding that the FCC's informal forfeiture process survives Seventh Amendment scrutiny, opens some doors for regulated entities, but the practical effect may be surprisingly constrained, says Jonathan Marashlian at The CommLaw Group.

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.