Appellate

  • July 10, 2026

    The Biggest TM Rulings Of 2026: A Midyear Report

    The Seventh Circuit placed limits on trademark plaintiffs in cases against foreign online sellers accused of counterfeiting, and the Trademark Trial and Appeal Board issued precedential decisions with fresh guidance on what marks can get on — or stay on — the federal trademark register. Here is Law360's list of the biggest trademark rulings so far this year.

  • July 10, 2026

    Over 2,600 Attys, Professionals Urge Blocking Blanche As AG

    More than 2,600 lawyers and legal professionals on Friday urged lawmakers to oppose the nomination of Todd Blanche for attorney general, saying Blanche's dismissal of the idea that the U.S. Department of Justice should be independent from the White House and his record as interim attorney general make him unfit for the role.

  • July 10, 2026

    Fla. High Court Backs Broad Reading Of Workers' Comp Law

    Florida's Supreme Court rejected an appeals court's narrow take on the state's workers' compensation law that shut down a manager's bid for benefits after he was shot while walking out of work, ruling he can get paid if he shows his work environment increased his risk of assault.

  • July 10, 2026

    Dissolved LLC Can't Revive Trade Secret Suit, 5th Circ. Says

    The Fifth Circuit has refused to revive a defunct Louisiana company's trade secret suit against a business that won a bid for certain onshore drilling assets and the bank that financed the buy, finding it dissolved itself before actually filing the case.

  • July 10, 2026

    Ex-Reed Smith Atty Fights Pausing Bias Suit Amid Appeal

    A former Reed Smith LLP attorney pushed back on the firm's bid to stay her gender discrimination suit against it while the attorney's appeal of the scope of the damages in the suit plays out.

  • July 10, 2026

    8th Circ. Says SD Tribe Waited Too Long On School Debt Fight

    A panel of the Eighth Circuit has rejected a South Dakota tribe's appeal in a dispute with the U.S. Interior Department over millions of dollars of allegedly over-collected school funding debt, saying the tribe had ample opportunity to challenge the agency's findings yet chose not to do so.

  • July 10, 2026

    11th Circ. Upholds Airline's Win In COVID Discrimination Case

    A group of workers for a commercial airline and a related entity failed to support their claims that the companies' COVID-19 pandemic-era policies discriminated against their religious beliefs, the Eleventh Circuit ruled Friday, while sharply criticizing their attorney for his misuse of artificial intelligence.

  • July 09, 2026

    2nd Circ. Won't Halt Payout Of Trump's $5M To E. Jean Carroll

    The Second Circuit refused to halt an order requiring Donald Trump to pay a $5 million jury verdict finding he sexually abused writer E. Jean Carroll, while the New York district judge who issued the order explained it was time for Trump "to 'do equity'" and pay up.

  • July 09, 2026

    Ohio Justices Say Juries Can Sort Out Carbon-Copy Counts

    A divided Ohio Supreme Court held that in cases where a criminal defendant faces multiple carbon-copy charges in an indictment, jury instructions are not required to assign specific unique conduct to each count in order for a jury to convict.

  • July 09, 2026

    7th Circ. Upholds Ill. Ban On AR-15s, High-Capacity Magazines

    The Seventh Circuit on Thursday upheld an Illinois state law banning assault weapons and high-capacity magazines, reversing a lower court that deemed it unconstitutional and holding that restrictions on highly lethal, military-style weapons are "consistent with the principles that underpin our nation's tradition of firearm regulation."

  • July 09, 2026

    Fed. Circ. Doubts $9M Atty Fees Without Dismissal Attempt

    A Federal Circuit panel didn't seem swayed Thursday that ChromaDex's patent infringement suit against Elysium Health had any merit, but the judges struggled to understand why Elysium never tried to dismiss a case it believed was so weak.

  • July 09, 2026

    9th Circ. Spurns Doxo's Bid To Arbitrate Class Action

    The Ninth Circuit backed a Washington district court's decision to deny online bill-pay service Doxo Inc.'s bid to arbitrate class claims that it deceived customers by not disclosing fees upfront, saying the company waited too long and litigated too much before pushing for arbitration.

  • July 09, 2026

    Mass. Justices Affirm Posttrial Forensic Exam Of Cellphones

    Massachusetts' highest court said Thursday that a man convicted of murder may seek posttrial access to cellphones to look for potential evidence in support of a new trial, explaining that a 2012 statute expanding access to forensic testing for biological material also applies to digital and electronic evidence.

  • July 09, 2026

    5th Circ. Prods Highland-Affiliated Co. On Ex-CEO's 'Privity'

    A Fifth Circuit panel pressed an entity related to Highland Capital to explain why a fraudulent transfer claim against Highland's former CEO should stand following a separate consent judgment, asking when the former chief executive ceased to be "in privity with Highland."

  • July 09, 2026

    2nd Circ. Allows Suits Against Defunct $1B Fund's Underwriter

    Investors in a defunct $1 billion mutual fund can continue to pursue state court lawsuits against the fund's underwriter over the objections of the special master appointed to oversee the fund's reserves, the Second Circuit ruled on Thursday. 

  • July 09, 2026

    Transportation Cases To Watch: Midyear Report 2026

    Clashes over the Trump administration's bid to void California's vehicle emissions standards, federal restrictions on commercial drivers' licenses for foreign truckers and Boeing 737 Max securities litigation involving class certification standards are among the court battles that transportation attorneys are monitoring in the latter half of 2026.

  • July 09, 2026

    Conn. Justices Back Dem Leader's Ballot Fraud Conviction

    The Connecticut Supreme Court on Thursday affirmed the forgery and false statements convictions of Stamford Democratic party leader John Mallozzi, rejecting his claim that a judge should have allowed him to present an undisclosed, last-minute handwriting expert at his absentee ballot fraud trial.

  • July 09, 2026

    3rd Circ. Unsure DHS Can Deny Virtual Access For Detainees

    The Third Circuit seemed skeptical of the federal government's argument Thursday that it had no obligation to offer immigrant detainees virtual access to state criminal courts, questioning whether the U.S. Department of Homeland Security was denying detainees' rights to a speedy trial or access to evidence.

  • July 09, 2026

    Fla. Justices Back Toss Of Sham Publix Slip-And-Fall Suit

    The Florida Supreme Court on Thursday backed the dismissal of a woman's slip-and-fall complaint against Publix Supermarkets Inc., rejecting an appellate panel's use of a more stringent standard to determine if discretion was abused when tossing the lawsuit due to fraud on the court. 

  • July 09, 2026

    Photographers Group Rebuts Judiciary On Court Cameras

    The National Press Photographers Association pushed back on the federal judiciary's claims that allowing cameras in courtrooms would be problematic.

  • July 09, 2026

    Insurer Says Freight Cos. Blew Coverage Of $59M Judgment

    An insurer defending two freight companies as they appeal a $59 million personal injury judgment against them urged a New Jersey federal court to find they aren't owed any coverage because, the insurer alleged, they went behind the insurer's back by working with the injured motorist.

  • July 09, 2026

    Calif. Tribe Asks High Court To Revive Card Check Award Row

    A California Native American tribe has urged the U.S. Supreme Court to correct an arbitration award requiring it to follow the guidelines for union representation elections in its 2017 agreement with UNITE HERE, arguing that the award invalidated a tribal law that superseded the tribe's agreement with the union.

  • July 09, 2026

    NJ Justices OK Review Of Accuser's Mental Health Records

    A divided New Jersey Supreme Court ruled Thursday that a criminal defendant accused of sexually assaulting his niece made the rare showing required to obtain a judge's private review of the alleged victim's mental health records, finding a trial court properly applied the state's heightened discovery standard.

  • July 09, 2026

    Okla. Tax Officials Say McGirt Can't Upend Osage Ruling

    Oklahoma tax officials say the Osage Nation can't rely on a 2020 landmark U.S. Supreme Court ruling to overturn a decision that declined to vacate a 16-year-old determination that its reservation boundaries had been disestablished, telling the Tenth Circuit that the tribe's challenge is too late.

  • July 09, 2026

    5th Circ. Backs Cops In Texas Detainee Death Suit

    The Fifth Circuit has ruled that three police officers were correctly granted qualified immunity from a civil lawsuit alleging they were deliberately indifferent to a man in their custody who died as a result of a mistreated medical emergency.

Expert Analysis

  • Opinion

    Rule Of Law Requires Gov't Engagement With Bar, Not Retreat

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    A federal agency's absence from national and local bar conferences, most recently illustrated by the U.S. Department of Justice's withdrawal from a New York City Bar Association white collar conference, disserves the bar, the government lawyers themselves and, ultimately, the administration of justice, says Muhammad Faridi at Linklaters.

  • Fed. Circ. Clarifies Standard For Contesting CICA Overrides

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    The Federal Circuit's recent holding in Life Science Logistics strengthens the hand of protesters facing an override of the Competition in Contracting Act stay, and a Court of Federal Claims decision the same day demonstrates that how a protester frames its requested relief remains critically important, says Richard Arnholt at Bass Berry.

  • The Paradoxical Duty To Adopt AI When You Can't Bill For It

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    Both billing for hours saved using artificial intelligence and preserving billable time by not adopting AI may violate rules of professional conduct, but until bar associations' ethics rules catch up to this emerging economic dilemma, firms must decide how to adjust fee structures themselves, says Ines Lassalle at Peyrot & Associates.

  • 4 Emerging Limits Of Employer Mental Health Notice Defense

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    A California appeals court's recent decision in Husband v. Target, addressing when an employer knows about an employee's undisclosed disability, leaves open questions about how changes in mental health awareness and workforce monitoring tools may raise the bar for what employers can claim not to know, says Benjamin Heller at RFZ Law.

  • Raptors Ruling Shows Risks Of Calif. Enviro Suit Intervention

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    Intervention in California environmental litigation can allow businesses to help defend agency approvals, but after a state appeals court's recent ruling in Raptors Are the Solution v. CropLife America, it is clear that intervention also carries a price — and that courts will hold parties accountable for the full arc of their litigation conduct, says Thierry Montoya at FBT Gibbons.

  • A Decade Later, Escobar Is Still Shaping FCA Cases

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    The U.S. Supreme Court's decision 10 years ago in Universal Health Services v. U.S. ex rel. Escobar changed the way in which lower courts evaluate False Claims Act cases — and the ruling remains vital in nearly every FCA case filed today, say attorneys at Bradley Arant.

  • Sripetch May Prove To Be An Empty Victory For The SEC

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    The U.S. Supreme Court's recent decision in Sripetch v. U.S. Securities and Exchange Commission held that the SEC need not prove pecuniary harm for disgorgement, but if the commission must still identify victims and distribute funds in a compensatory way, it faces the same economic problem as before the ruling, says Erin Smith at Compass Lexecon.

  • 9th Circ. Cooler Ruling Chills 1st Mover Lanham Act Claims

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    The Ninth Circuit's recent decision in Vericool World v. Igloo Products that Vericool's claim of being first-to-market with an ecocooler was not actionable under the Lanham Act largely foreclosed false advertising litigation over first mover status, so potential plaintiffs should instead look to patent counseling or intellectual property strategy for these claims, say attorneys at Manatt.

  • Mapping 5 Fronts Of The Prediction Markets Regulatory Battle

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    The legal framework governing prediction markets is under simultaneous challenge in five independent areas, and the outcomes will determine not just who can operate prediction markets, but the compliance obligations of every participant in the ecosystem, says Ivor Wolk at Manatt.

  • Patent Ruling Highlights Risks Of Late Inventorship Fixes

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    The Federal Circuit's recent decision in Implicit v. Sonos demonstrates the risk of forfeiture with retroactive correction of inventorship in inter partes review proceedings, with a clear message to the patent community that potential inventorship issues should be considered at every stage of a patent's life cycle, say attorneys at BCLP.

  • Adjusting IPR Tactics As Google Fights 'Settled Expectations'

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    Google’s petition for the U.S. Supreme Court to scrutinize the Patent Trial and Appeal Board's so-called settled expectations practice underscores why accused infringers facing older asserted patents should treat discretionary denial as a case-dispositive risk from day one, says attorney Abdul Abdullahi.

  • 3 Misconceptions About Justices' FCC Fines Ruling

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    The U.S. Supreme Court's June 4 Federal Communications Commission v. AT&T decision rejecting AT&T’s and Verizon’s argument that the commission's forfeiture process violates the Seventh Amendment has yielded three common reactions that misunderstand the decision as a matter of law and how the FCC actually operates, says Samuel Feder at Jenner & Block.

  • SEC Disgorged Fund Distribution Is Next Query After Sripetch

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    Following the Supreme Court's Sripetch v. U.S. Securities and Exchange Commission decision, investor harm isn't required for the SEC to obtain a disgorgement award, but future cases must resolve whether the commission will be freed from a requirement to distribute disgorged funds to the victims of alleged misconduct, says Daniel Walfish at Katsky Korins.

  • If Upheld, Wash. Millionaire Tax Could Upend State Law

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    The Washington Supreme Court could open the door to broader income, rental and corporate taxes if it defies precedent and the historically established desires of voters by redefining the state constitution's concepts of “income” and “property” to uphold a new tax on wages over $1 million, says Richard Birmingham at Davis Wright.

  • Trump Admin's Agency Records Purge Tests Judicial Notice

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    While courts commonly take judicial notice of data in government websites and reports, the Trump administration's recent modification or wholesale deletion of these sources means that litigants must look elsewhere to support trial admission of this information, says Jon Gryskiewicz at Lewis Baach.

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