Appellate

  • September 08, 2026

    DC Circ. Affirms Injunction Against IRS-ICE Data Sharing

    The D.C. Circuit affirmed a lower court's preliminary injunction Tuesday barring the IRS from sharing taxpayer data with immigration authorities, finding that the coalition challenging the deal has standing and that the arrangement likely violates the law.

  • September 07, 2026

    Missouri Asks Justices To Prevent Election 'Disaster'

    Missouri has implored the U.S. Supreme Court to stay the state high court's ruling prohibiting the use of a new congressional map drawn to help Republicans in this year's midterms and requiring the map be submitted for voter approval, claiming the decision will create an unconstitutional "disaster." 

  • September 07, 2026

    USPS Asks High Court To Allow 'Modest' Mail Ballot Rules

    The Trump administration has once again asked the U.S. Supreme Court to lift a Massachusetts federal judge's order barring the U.S. Postal Service from enforcing new mail-in ballot regulations ahead of this year's midterms, arguing the "modest" changes are well within USPS' authority and don't affect election administration. 

  • September 04, 2026

    Making Up For Lost Timepiece: FedEx Wins $250K Watch Row

    The disappearance of a $250,000 watch purchased for a major GOP donor will cost FedEx less than it charged to ship the wristwear, according to a new Eighth Circuit decision backing broad immunity for alleged negligence or theft by the delivery giant's workers.

  • September 04, 2026

    Tribes Urge ND Court To Keep Voting Map Claims Alive

    The Turtle Mountain Band of Chippewa Indians and the Spirit Lake Nation asked a federal court Friday to reject the North Dakota secretary of state's bid to throw out their claims that the state's 2021 legislative map dilutes Native American voting power.

  • September 04, 2026

    4th Circ. Tosses Conviction Over Axed Closing Argument

    The Fourth Circuit has tossed an MS-13 gang member's murder conviction, saying a judge's decision to instruct the jury to disregard his attorney's closing argument was a "prejudicial abuse of discretion."

  • September 04, 2026

    9th Circ. Tosses Conviction Over Hand Tattoo Testimony

    The Ninth Circuit has ordered a new trial for a man convicted of robbing a store in Washington, finding that he was not testifying in his own defense when he showed jurors that he had tattoos on his hand, unlike the hand of the man seen committing the robbery in security camera footage.

  • September 04, 2026

    Ohio Justices Tee Up Data Center Vote In Another City

    The Ohio Supreme Court will allow the residents of Trenton, Ohio, to vote in a special election for a proposed city charter amendment that will ban the construction of data centers in the city, which is similar to a recent Ohio high court decision that set up a potential data center vote.

  • September 04, 2026

    Fed. Circ. Backs Double Dismissals, But Dodges Preclusion

    The Federal Circuit has expressly allowed district court judges to dismiss patent cases on multiple grounds at once, but attorneys say they're left guessing how that impacts future litigation on the same patent.

  • September 04, 2026

    Divided 5th Circ. Backs Toss Of Jackson Water Suit

    A split en banc Fifth Circuit affirmed the dismissal of a lawsuit Jackson, Mississippi, residents filed over lead in city drinking water, with the majority holding that the residents asserted rights to uncontaminated water and accurate information from public officials that the U.S. Constitution doesn't grant.

  • September 04, 2026

    2nd Circ. Reopens Copyright Case Over Diamond Price List

    The Second Circuit on Friday reinstated a copyright suit brought by diamond price-listing company Rapaport USA Inc. claiming another company lifted information from Rapaport's catalog to put on its own website, agreeing that the district court shouldn't have dismissed the case before "crucial" questions were answered.

  • September 04, 2026

    4 Texas Supreme Court Oil & Gas Cases To Watch This Term

    The new term of the Texas Supreme Court initially appears light on oil and gas litigation, but Lone Star State attorneys told Law360 there are still a handful of cases that could have broad implications for the industry.

  • September 04, 2026

    3rd Circ. Preview: Penn State TM Row, NFL Agent Poaching Suit

    The Third Circuit in September is set to decide whether a print-on-demand company's collegiate apparel counts as counterfeit Penn State merchandise and if two former Philadelphia detectives can escape a $16 million judgment for a wrongfully convicted murder suspect.

  • September 04, 2026

    Ga. Appeals Court Upholds Defense Verdict In Crash Case

    The Georgia Court of Appeals will not grant a new trial to a married couple in their suit against a truck driver and his trucking company over injuries the wife sustained when a truck rear-ended her car, affirming a defense verdict in the case.

  • September 04, 2026

    Vertex Fertility Aid Plan Would Violate Kickback Law

    A D.C. Circuit panel said Friday that a proposed Vertex Pharmaceutical program that would offer gene therapy patients financial support for fertility services violates the Anti-Kickback Statute, finding the initiative could be an unlawful inducement to purchase a certain medical treatment.

  • September 04, 2026

    Fla. Panel Tosses Molestation Convictions Over Text Message

    A Florida appellate panel on Friday reversed a man's child molestation convictions, saying the trial court erred in admitting into evidence a text message from the defendant's wife describing her emotional reaction to the accusations.

  • September 04, 2026

    Injury Law Roundup: Meta's Social Media Addiction Deal

    A $17.1 billion social media addiction settlement between Meta and 29 states and Johnson & Johnson's $5.5 billion ovarian cancer deal over its talc products lead Law360's Injury Law Roundup.

  • September 04, 2026

    9th Circ. Restores Idaho Abortion Ban Enforcement, For Now

    The Ninth Circuit will allow Idaho to fully enforce its abortion ban while the state briefs its request for emergency relief from an order that blocked the ban's application in certain health-related circumstances and declared a fundamental right to some abortions under the U.S. Constitution.

  • September 04, 2026

    Ill. Panel Affirms BIPA Exemption For Home Care Provider

    An Illinois appellate court has refused to revive a biometric privacy lawsuit against home-care provider Help at Home, finding the company was exempt from a state privacy law's reach as a government contractor when it collected employees' fingerprints for a required background check.

  • September 04, 2026

    11th Circ. Rules Fla. Worker Immune From Inmate Injury Suit

    The Eleventh Circuit rejected a prisoner's suit against a St. Lucie County, Florida, employee over an injury the employee caused on a worksite, finding that there was no Eighth Amendment violation and the employee is entitled to qualified immunity.

  • September 04, 2026

    EPA Calls SD Tribe's Uranium Mine Challenge 'Flimsy'

    The U.S. Environmental Protection Agency has asked the Eighth Circuit to throw out a challenge by the Oglala Sioux Tribe and activist groups against EPA actions letting an energy technology company conduct uranium mining in the Black Hills of South Dakota.

  • September 04, 2026

    Wash. High Court Won't Review Dispensary License Fight

    The Washington Supreme Court has refused to hear an appeal from a cannabis company, ending the retailer's lawsuit claiming state regulators prevented it from opening a lucrative Seattle dispensary by failing to force a competitor's license to be forfeited due to not being fully operational.

  • September 04, 2026

    Judge Again Blocks USPS Mail Ballot Rule

    A Massachusetts federal judge late Friday again blocked the U.S. Postal Service from implementing a new rule that would allow it to refuse delivery of mailed ballots in this November's midterm elections.

  • September 04, 2026

    9th Circ. Won't Let Roblox Arbitrate Online Safety Suit

    The Ninth Circuit denied Roblox Corp.'s bid to compel arbitration in a suit by a man alleging his daughter was targeted on the platform by adult predators, saying its delay in seeking arbitration while it litigated the suit on the merits waived any right to arbitrate.

  • September 04, 2026

    Colo. Panel Says Obscenity Can Be Proved Without Viewing It

    A Colorado appeals court has upheld a woman's conviction for allowing her underage daughter to view obscene materials provided by the girl's father, finding that prosecutors in the state are not required to show the lurid materials directly to a jury to prove their case.

Expert Analysis

  • Series

    NY Times Word Puzzles Make Me A Better Lawyer

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    Every morning I let The New York Times humble me with word games, which offer a chance to recalibrate my brain before the day's chaos arrives and remind me that a solution — whether to a puzzle or employment law issue — almost always exists once I find the right angle, says Amy Epstein Gluck at Pierson Ferdinand.

  • Tracking Tech Suit Is A Risk Management Reminder For Cos.

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    The Fifth Circuit recently heard oral argument in Rand v. Eyemart Express — an appeal that could reshape the legal landscape for businesses that deploy tracking tech on their websites — underscoring the importance of proactive risk management for companies across multiple industries, say attorneys at Blank Rome.

  • Series

    Law School's Missed Lesson: Diagnose Before Arguing

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    Law school often skips over explicitly teaching students how to determine what kind of problem a case presents before they commit to a particular doctrinal path, which risks building arguments that are internally coherent but externally misaligned, says Melanie Oxhorn at Kobre & Kim.

  • A Fed. Circ. Blueprint For Drafting Medical Device Patents

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    The Federal Circuit's decision in Constellation Designs v. LG last month, among other recent rulings, underscores the importance of emphasizing engineering, rather than clinical goals, when drafting patent claims for medical devices and software as a medical device, says Brandon Theiss at Volpe Koenig.

  • Decoding Arbitral Disputes: EU's Arb. Defense From Russia

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    The EU's latest package of restrictive measures against Russia marks a significant shift from merely resisting Russian jurisdictional tactics to proactively protecting arbitration and exclusive jurisdiction agreements, elevating the procedural importance of dispute resolution clauses, says Josep Galvez at 4-5 Gray's Inn Square.

  • Becoming The Biz-Savvy GC That Portfolio Companies Need

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    Candidates for general counsel roles at private equity-backed portfolio companies should prioritize proving their sector-specific experience, commercial judgment and ease with uncertainty — and attorneys hoping to be candidates in five to 10 years should start working on those skills now, says Dimitri Mastrocola at Major Lindsey.

  • Nielsen Appeal Tests Antitrust Limits Of Pricing And Bundling

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    In Cumulus v. Nielsen, the Second Circuit is considering a structural pattern in which a monopolist exploits upstream market power to foreclose downstream competition, which could potentially offer broad insight into how courts will assess exclusionary bundling and pricing defenses under antitrust law, says Luke Hasskamp at Bona Law.

  • Series

    Judges On AI: How Courts Can Survive The Tech Revolution

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    Colorado Supreme Court Justice Maria Berkenkotter and Colorado Court of Appeals Judge Lino Lipinsky de Orlov discuss how artificial intelligence has already fundamentally altered the legal system and offer tips for courts navigating deepfakes, hallucinations and a gap in access to AI tools.

  • 'Skinny Label' Arguments Spotlight Induced Infringement Risk

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    Recent oral arguments before the U.S. Supreme Court in Hikma Pharmaceuticals v. Amarin Pharma highlight the uncertain boundary between lawful generic competition through so-called skinny labels and induced patent infringement, with potential implications for patent holders’ communication, enforcement and causation strategies across industries, says Anton Hopen at Trenam.

  • A Framework For Habeas Relief After 5th Circ. Bond Ruling

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    Following the Fifth Circuit’s recent Buenrostro-Mendez v. Bondi decision foreclosing statutory bond for detained nonimmigrants not deemed admitted to the U.S., lawyers should adopt a framework that requests habeas relief pursuant to the Fifth Amendment’s due process clause, says Kemal Hepsen at Mandamus Lawyers.

  • 4th Circ. Ruling Will Rewrite Class Action Litigation Strategies

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    The Fourth Circuit's recent decision in Oliver v. Navy Federal Credit Union is the first from a federal circuit court to hold that motions to strike are inappropriate vehicles for challenging class allegations at the pleading stage, invalidating a tactic that had been used for decades, says Jim Francis at Francis Mailman.

  • Startup Founder Disputes Increasingly Turn On Governance

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    Recent Delaware developments suggest that as courts place increasing emphasis on board process, independence and oversight in founder-led startups, the growing intersection of governance, technology risk and investor oversight is accelerating both the emergence and escalation of founder disputes, says mediator Frank Burke.

  • 3 AI Adoption Mistakes GCs Should Avoid

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    The pressure in-house legal teams face to quickly adopt artificial intelligence tools, combined with budget constraints and the need to evaluate a crowded market of options, sets the stage for implementation mistakes that are often difficult to undo, says former 23andMe general counsel Guy Chayoun.

  • Series

    Playing Basketball Makes Me A Better Lawyer

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    My grandfather used to say "I wear your jersey" as shorthand for wholly committing to support someone with loyalty and integrity — ideals that have shaped my life on the basketball court and in legal practice, says Tracy Schimelfenig at Schimelfenig Legal.

  • Salt-N-Pepa Suit May Shake Up Music Copyright Issue

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    James v. UMG Recordings is a copyright termination rights case that provides an opportunity for the Second Circuit to make concrete choices about grant language, authorship, work-for-hire status and survival of derivative works, says attorney Abdul Abdullahi.

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