Appellate

  • June 18, 2026

    Meta Can't Undo $35M Political Ad Penalty, Wash. Justices Say

    Most of the Washington State Supreme Court justices rejected Meta's First Amendment challenge to a state political advertising disclosure law in a divided opinion, while also spurning the social media giant's argument that a $35 million penalty against it violates the Constitution's prohibition on excessive fines.

  • June 18, 2026

    Bitcoin Thief Tells 2nd Circ. Resentence Violates Constitution

    Counsel for a convicted Florida bitcoin fraudster who was sentenced to 12 years in prison for failing to pay over $20 million in restitution stemming from his role in a crypto heist on Thursday told the Second Circuit that the lower court's resentencing trampled on the constitutional rights of her client, who "never got due process at any stage."

  • June 18, 2026

    Fatal Crash Was On Pathway, Not Street, Pa. Panel Rules

    A Philadelphia suburb can't be held liable for the death of a 73‑year‑old man who was allegedly run over by his older brother who was driving in a park, a Pennsylvania state appeals court ruled Thursday, saying the 9‑foot‑wide paved pathway the crash occurred on wasn't legally a street.

  • June 18, 2026

    Fla. Court Says Death Row Inmate's New Evidence Is Too Late

    The Florida Supreme Court on Thursday ruled that a death row inmate whose case has gone before the U.S. Supreme Court cannot bring a second postconviction relief motion in state court because a deadline in state law for bringing new evidence has passed.

  • June 18, 2026

    Fed. Circ. Again Revives Valve Bid To Ax Patent In $4M Verdict

    The Federal Circuit on Thursday gave Valve Corp. yet another chance to try to invalidate rival SCUF's video game controller patent underlying a $4 million verdict, ruling that, after the appeals court revived the effort, the trial judge wrongly said Valve's arguments are barred by a prior challenge.

  • June 18, 2026

    Full Fed. Circ. Skips DePuy Bid To Redo Spine Patent Dispute

    The full Federal Circuit won't revisit a panel decision that gave new life to an inventor's suit accusing DePuy Synthes Cos. of infringing his spinal realignment method patents, letting stand the decision that faulted a lower court's handling of expert testimony in the case.

  • June 18, 2026

    Split 9th Circ. Says Feds Must Follow ESA In Water Project

    A federal regulator must comply with the Endangered Species Act as it operates a water management initiative in southern Oregon and northern California, the Ninth Circuit ruled, without adjudicating particular usage rights among irrigators, tribes and others.

  • June 18, 2026

    Tort Report: Meta Set To Face Facebook Sex Trafficking Trial

    An upcoming trial in Texas for a first-of-its-kind case against Meta and claims against a health clinic owned by a U.S. senator lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • June 18, 2026

    Feds Must Still Restore 'Truthful History' In Parks Amid Appeal

    The Trump administration cannot delay restoring information about climate change, slavery and Indigenous history to National Park Service sites by the nation's 250th anniversary while it pursues an appeal, a Massachusetts federal judge ruled on Thursday.

  • June 18, 2026

    Pennsylvania Skill Games Ruling Ups Ante For New Rules

    The Pennsylvania Supreme Court's recent ruling that skill games are subject to the same oversight as slot machines is a catalyst for lawmakers to craft a taxation and regulation framework and fuel a revenue boost Gov. Josh Shapiro has envisioned for years, experts tell Law360.

  • June 18, 2026

    Anthropic Files Protective Appeal Of Pentagon Designation

    Anthropic has filed a protective petition challenging the U.S. Department of Defense's June 3 decision reaffirming the artificial intelligence giant's designation as a supply-chain risk, asking the D.C. Circuit to consolidate it with the designation challenge already pending before the appeals court.

  • June 18, 2026

    RFK Jr. Urges 1st Circ. To Reinstate His Vaccine Advisers

    U.S. Health Secretary Robert F. Kennedy Jr. told the First Circuit a Boston federal judge's decision to freeze his vaccine committee appointments lacks a legal foundation and has left the government paralyzed when it comes to vaccine policy.

  • June 18, 2026

    DirecTV, AGs Tell 9th Circ. Not To Curb Nexstar-Tegna Block

    DirecTV and a coalition of state attorneys general urged the Ninth Circuit not to narrow a district court preliminary injunction blocking Nexstar's purchase of Tegna, arguing the only way to preserve competition while the case proceeds is a full block, not one restricted to 31 overlapping broadcast markets.

  • June 18, 2026

    3rd Circ. Sides With NJ Transit In Whistleblower's Firing

    A Third Circuit panel on Thursday declined to reinstate a fired New Jersey Transit engineer's retaliation lawsuit, ruling that she hadn't shown that she was fired by anyone who knew about her whistleblower allegations that the agency had unsafe rail practices.

  • June 18, 2026

    10th Circ. Revives Air Force Chemical Cleanup Mandate Case

    The Tenth Circuit has revived a case alleging New Mexico exceeded its authority by requiring cleanup of so-called forever chemicals at a U.S. Air Force base in the state, finding the district court erred by claiming it did not have jurisdiction over the dispute.

  • June 18, 2026

    Mich. Panel Sanctions Atty Over AI-Hallucinated Cases

    A medical malpractice suit in the Michigan Court of Appeals led to financial sanctions against an attorney who the court said during litigation repeatedly cited nonexistent cases that were generated by artificial intelligence.

  • June 18, 2026

    3rd Circ. Rules Feds Can Replace Philly Slavery Exhibits

    The Third Circuit on Thursday held that the Trump administration can legally replace slavery exhibits at Independence Hall National Park in Philadelphia, reversing a lower court's ruling in favor of the city ordering the restoration of the previously removed informational panels.

  • June 18, 2026

    11th Circ. Revives Title IX Suit Over Football Team Hazing

    The Eleventh Circuit has revived an Alabama high school football player's suit against the school district and his former coach over incidents of sexual harassment by his teammates, finding that the allegations supported the student's Title IX and equal protection claims.

  • June 18, 2026

    Kalshi Urges 6th Circ. To Keep Tenn. Sports Contracts Online

    Kalshi has asked the Sixth Circuit to ensure that its sports contract offerings remain online in Tennessee while a lawsuit over their legality proceeds, once again drawing a bright line between its services and conventional sports betting.

  • June 18, 2026

    Georgia's Biggest Court Decisions From The 1st Half Of 2026

    Judges in Georgia have been busy this year, from nullifying a $350,000 medical malpractice noneconomic damages cap in certain cases to denying Fulton County's bid to recover 2020 election ballots seized by the FBI. Here, Law360 recaps four noteworthy rulings out of the Peach State from the past six months.

  • June 18, 2026

    Cannabis World Cheers Justices' Gun Rights Ruling

    Cannabis industry stakeholders on Thursday largely applauded the U.S. Supreme Court's unanimous decision finding that a ban on gun ownership for drug users is unconstitutional as applied to a person who regularly uses marijuana.

  • June 18, 2026

    Ohio Justices OK New Reasonable Suspicion Search Rules

    The Ohio Supreme Court ruled Thursday that police officers are allowed to continue a traffic stop of a person they believe may have committed a crime, even if an investigation finds that one of the officer's reasons for initiating the stop was incorrect.

  • June 18, 2026

    NY High Court Upholds Mandatory Judge Retirement Age

    New York's highest court Thursday affirmed a ruling that rejected jurists' challenges to the Empire State's mandatory retirement age of 70 for state judges and justices, finding that the centuries-old constitutional mandate doesn't conflict with a recent state civil rights amendment banning age discrimination.

  • June 18, 2026

    20-Year-Old's Life Sentence Upheld By Mich. Panel

    A Michigan appeals court panel upheld a parolable life sentence for a woman who was 20 years old when she took part in a 2007 drive-by shooting that left two people dead, finding that recent Michigan Supreme Court rulings limiting life sentences for young offenders do not apply to her case.

  • June 18, 2026

    6th Circ. Nixes Ex-Detroit Riverfront CFO's Sentencing Appeal

    A former Detroit Riverfront Conservancy chief financial officer cannot challenge his 19-year prison sentence for stealing more than $40 million from the nonprofit because he waived his appellate rights in his plea agreement, a Sixth Circuit panel has determined, dismissing his appeal. 

Expert Analysis

  • Revisiting TransUnion's Underused Standing Rule, 5 Years On

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    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

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    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

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    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

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    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

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    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

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    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.

  • Opinion

    Immigration Appeals Rule Would Prevent Meaningful Review

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    Justice Stephen Breyer’s book “Making Our Democracy Work” offers a useful lens through which to consider what is at stake for the Executive Office for Immigration Review's legitimacy as the government asks the D.C. Circuit to revive an interim final rule that would have fast-tracked decisions by Board of Immigration Appeals, says Tara Kennedy at Kennedy Law.

  • 2 'Rocket Dockets' And The Rules That Propel Them

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    The fastest civil trial courts in the country are currently in the Eastern District of Virginia and the Southern District of Florida, and their chief judges provide insights into the court rules that keep them ahead, says Robert Tata at Hunton.

  • Retailer Risk Reduction Tips As Email Marketing Suits Surge

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    Amid a flood of email marketing lawsuits following last year's Washington Supreme Court ruling in Brown v. Old Navy, retailers seeking to avoid high litigation costs can take several steps to reduce risks by focusing on their email subject lines advertising sales, says Gonzalo Mon at Kelley Drye.

  • Why Nuclear Licensees Must Watch 2nd Circ.'s Holtec Review

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    In reviewing a New York federal court's preemption ruling concerning disposal of nuclear materials, the Second Circuit must confront the lower court's recognition of a purpose-based path to field preemption, which could be game-changing for nuclear material licensees, says Andrew Averbach at Womble Bond.

  • Calif. Ruling Lowers Bar For Health Data Breach Claims

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    The California Supreme Court's ruling in J.M. v. Illuminate Education offers protection for non-healthcare companies that maintain health-related data but also adopts a new and more plaintiff-favorable standard for breach of confidentiality that companies maintaining any health-related data should address, say attorneys at Cooley.

  • Florida Atty Fees Ruling Could End Expert Testimony Mandate

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    For over 60 years, Florida appellate courts have required an evidentiary hearing and expert testimony to support the reasonableness of an attorney fee award, but the Florida Sixth District Court of Appeal's recent Ruffenach v. Deutsche Bank National Trust ruling could make substantive changes to this requirement, say attorneys at RumbergerKirk.

  • Texas Ruling Leaves Key Oil Royalty Question Unresolved

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    The Texas Supreme Court's recent decision in Fasken Oil and Ranch v. Puig clarifies that royalty reservations containing “free of cost forever” language do not bar deduction of post-production costs — but it leaves open whether prices producers report to royalty owners should reflect what unaffiliated buyers would pay, says Robert Foss at Hinds Feat Advisors.

  • Justices Widen Path For Confiscated Cuban Property Claims

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    For Americans holding claims to confiscated Cuban property, the U.S. Supreme Court’s recent decision in Havana Docks v. Royal Caribbean Cruises means that the expiration of their property interest is no longer a bar and that any company using such property is now a potential defendant, say attorneys at Bracewell.

  • Your Next Litigation Hold Should Cover AI Chat Logs

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    The Delaware Chancery Court’s recent decision in Fortis Advisors v. Krafton to treat a CEO’s artificial intelligence chats as substantive evidence is being read as a discovery warning to litigators, but there is a second duty-to-preserve lesson that is especially pertinent to in-house counsel, say attorneys at Faegre Drinker.

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