Appellate

  • July 10, 2026

    Biggest Illinois Decisions Of 2026: Midyear Report

    One of the biggest decisions to come down in Illinois so far this year applies a 2-year-old Biometric Information Privacy Act amendment retroactively in an appellate ruling experts anticipate will deflate settlement values even though it came from a federal court.

  • July 10, 2026

    Davis Wright Atty Hit With Sanctions After Winning Sanctions

    After defending six-figure sanctions of plaintiffs lawyers for "a reckless course of prolonging litigation," a Davis Wright Tremaine LLP attorney is facing his own six-figure sanctions, with a California magistrate judge finding he "unnecessarily burdened" opposing counsel despite warnings dating back years about "improper litigation tactics."

  • July 10, 2026

    Ill. Appeals Court Upholds $45M Talc Verdict Against J&J

    A split Illinois state appeals court on Friday refused to disturb a jury's verdict awarding $45 million to the family of a woman who developed mesothelioma and died after using Johnson & Johnson's talc baby powder for decades, ruling that her case warranted both wrongful death and shortened life damages.

  • July 10, 2026

    Kalshi's Contracts 'Sound Like A Bet,' 9th Circ. Judge Says

    A Ninth Circuit panel appeared open Friday to preliminarily blocking Kalshi and Robinhood from offering sports contracts on tribal land, with one judge saying Kalshi's contracts "sound like a bet" subject to Native American gambling laws and another saying it "wouldn't be so unreasonable" to exclude tribes from federal oversight in this area.

  • July 10, 2026

    Nexstar-Tegna Merger Challenge Gets July 2027 Trial Date

    A California federal judge has scheduled an early July 2027 trial date in DirecTV and a coalition of states' lawsuit seeking to stop Nexstar Media Group Inc.'s integration with rival broadcast company Tegna Inc.

  • July 10, 2026

    1st Circ. Sinks Child Porn Evidence Found On Wrong Phone

    The First Circuit has upheld a lower court's ruling to suppress child pornography evidence found on a Puerto Rico man's iPhone, saying federal agents could not rely on the good faith exception after knowingly searching a device not specified in their warrant.

  • July 10, 2026

    Hospitals, Housing Targeted In 2026 As Fed Antitrust Wanes

    The U.S. Department of Justice Antitrust Division and Federal Trade Commission are confronting claims that federal antitrust enforcement is petering out even as the agencies' dockets in 2026 include actions against hospital systems' demands on insurers, rental home listings, protein industry data and criminal prosecutions.

  • July 10, 2026

    Colo. Panel Rules Mineral Rights Appeal Premature

    The Colorado Court of Appeals tossed an estate's appeal of a lower court's decision that threw out its claims of mineral trespass and unjust enrichment in a Colorado property, finding the trial court's order was not final and appealable.

  • July 10, 2026

    Top 5 Enviro Cases To Watch In The 2nd Half Of 2026

    The second half of 2026 could see courts delivering important rulings that will determine whether municipalities can set their own building emissions laws, the extent of California's authority to regulate pollution and citizens' power to enforce the Clean Air Act. Here, Law360 takes a look at five environmental cases that could be resolved before the end of the year.

  • July 10, 2026

    Gun Offender Barred From Recovery Court, NJ Panel Rules

    A New Jersey appeals court ruled on Friday that a man can be denied access to a state program providing special probation terms to drug offenders because he had a pending gun charge that did not involve physical possession of the weapon.

  • July 10, 2026

    Fla. Panel Clears Nurse, Pain Clinic Chain In Suicide Suit

    A Florida appeals court on Friday affirmed the dismissal of a suit accusing a nurse practitioner and a pain management clinic chain of causing a former patient's suicide, saying any duty of care owed to the patient ended when he stopped treatment.

  • July 10, 2026

    Texas Appeals Court Tosses Stroke Death Malpractice Suit

    A Texas appeals court on Friday tossed malpractice claims brought by the family of a woman who suffered a fatal hemorrhagic stroke, saying the family's experts failed to show how failures on the part of hospital staff caused the woman's death.

  • July 10, 2026

    Del. Justices Nix $16M Fee Award In SpaceX Investment Fight

    The Delaware Supreme Court on Friday erased a $16 million fee award stemming from a dispute over a fund manager's handling of a failed $50 million SpaceX investment, concluding that although the fund manager committed a limited breach of a "duty of candor," shifting all litigation expenses to him was unwarranted.

  • July 10, 2026

    5th Circ. Backs Block On Texas Dream Act Defense

    A split Fifth Circuit panel said a federal judge was right to block a challenge to an agreement Texas Attorney General Ken Paxton and the Trump administration struck to end Texas law provisions allowing some unauthorized immigrants to pay in-state college tuition.

  • July 10, 2026

    Tulsa DA Tells 10th Circ. He Can Try Indians On Creek Land

    Oklahoma's Tulsa County district attorney has asked the Tenth Circuit to deny the Muscogee (Creek) Nation's attempts to block him from exercising criminal jurisdiction on its reservation, arguing that he has the authority to prosecute nonmember Indians for nonmajor crimes.

  • July 10, 2026

    Fed. Circ. Affirms Sony's PTAB Win Over Digital Imaging IP

    The Patent Trial and Appeal Board stayed in bounds when deciding to invalidate claims of an Intellectual Pixels Ltd. digital image generation patent on remand, the Federal Circuit said Friday.

  • July 10, 2026

    Union Can't Force Ex-Aides Into Arbitration, 2nd Circ. Says

    A union cannot automatically bind former New York City home health aides to mandatory arbitration through an agreement signed after they left their jobs, the Second Circuit ruled Friday, allowing 17 former workers to press their cases outside a roughly $30 million fund.

  • July 10, 2026

    Mich. Panel Orders Age-Based Resentencing For Murderers

    A Michigan state appellate panel upheld the murder convictions of two men in the 2011 robbery and fatal shooting of a Flint woman, but ruled that both must be resentenced under state law, because they were 19 years old when they committed the crimes.

  • July 10, 2026

    Full 5th Circ. To Reconsider 90-Day Bond Hearing Limit

    The full Fifth Circuit on Friday vacated a roughly week-old split panel decision holding that the Trump administration can't hold noncitizens for more than 90 days without a bond hearing, and said it will rehear the matter.

  • July 10, 2026

    DOJ Appeals Order Shielding Trans Youth Medical Records

    The U.S. Department of Justice asked the Ninth Circuit to review a California federal court's order blocking the government from trying to identify individuals who received gender-affirming care from a Stanford Medicine hospital as minors.

  • July 10, 2026

    Investors Call Boeing's 7th Circ. Class Cert. Appeal Premature

    Investors urged the Seventh Circuit on Friday to dismiss as improvidently granted Boeing's interlocutory challenge to an Illinois district court's class certification order in litigation alleging Boeing misrepresented the 737 Max 8 jets' safety after two deadly crashes in 2018 and 2019.

  • July 10, 2026

    Fed. Circ. Won't Rethink Corcept Patent Loss In Teva Case

    Corcept Therapeutics Inc. lost its bid Friday to have the full Federal Circuit look at a panel's refusal to revive its suit accusing Teva Pharmaceuticals USA Inc. of patent infringement over its production of a generic version of the drug Korlym.

  • July 10, 2026

    4th Circ. Upholds Sentence Hike Despite 'Murky' WV Records

    The Fourth Circuit on Friday upheld a West Virginia man's 15-year prison term for illegal gun possession and witness tampering, rejecting his argument that his prior conviction for cultivating marijuana should not have counted as a sentence-lengthening "controlled substance offense."

  • July 10, 2026

    DOJ Defends Nurse Wage-Fixing Conviction At 9th Circ.

    The U.S. Department of Justice urged a Ninth Circuit panel to reject a Las Vegas home nursing executive's appeal of its first-ever criminal wage-fixing conviction, defending its trial characterization of a leniency deal with a cooperating company and the inclusion of the executive's statement likening nurses to prostitutes.

  • July 10, 2026

    4th Circ. Nixes Womble Bond Atty's 'Overtly Punitive' Penalty

    The Fourth Circuit on Friday wiped out a contempt order against a Womble Bond Dickinson partner that temporarily barred him from practicing in the Western District of North Carolina, characterizing the sanction as "extreme" and "overtly punitive."

Expert Analysis

  • Insurance Ruling Extends NY Bad Faith To 3rd-Party Coverage

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    In Renergy v. Mt. Hawley Insurance, a New York federal court recently granted a policyholder leave to amend its complaint to clarify a bad faith claims handling cause of action, confirming, after nearly 20 years, that bad faith damages are available in the third-party liability context, say attorneys at Barnes & Thornburg.

  • 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.

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