Appellate

  • August 03, 2026

    Pa. Justices Won't Extend Expired Sentencing Bill Deadline

    Time is up for Pennsylvania lawmakers to develop new sentencing guidelines for second-degree murder, the state Supreme Court effectively said in an order refusing to extend the deadline for the Legislature to craft new minimums, maximums and parole rules.

  • August 03, 2026

    NJ Justices Say Insanity Defense Requires Expert Testimony

    New Jersey's highest court ruled Monday that to raise an insanity or diminished mental capacity defense, a defendant must present testimony from a medical expert that their mental condition caused them to violate the law.

  • August 03, 2026

    Fed. Circ. Rejects Amazon Efforts To Halt Patent Suit In Texas

    The Federal Circuit on Monday said it wouldn't force a Texas federal court to pause a suit accusing Amazon of infringing a pair of Headwater Research LLC patents while a similar suit against Google plays out.

  • August 03, 2026

    Mich. High Court Revives Diminished Capacity Defense

    The Michigan Supreme Court has revived the diminished capacity defense in criminal cases, overruling a 25-year-old precedent that barred defendants from using evidence of mental illness short of legal insanity to challenge whether they acted with the intent required for a crime.

  • August 03, 2026

    How State SG Offices Became A Judicial Pipeline

    The rapid growth of Missouri's solicitor general's office illustrates the import of top state appellate roles, which offer young lawyers a chance to gain courtroom experience they might never acquire in BigLaw. The gig is also, for young conservatives especially, one of the fastest paths to the federal bench.

  • August 03, 2026

    NJ Panel Revives Bank's Greenbaum Rowe Malpractice Suit

    First Bank's legal malpractice suit against Greenbaum Rowe Smith & Davis LLP over a botched loan for a Lexus dealership was revived by a Garden State appeals court Monday, with the panel ruling that the trial court should not have barred the bank's expert report.

  • August 03, 2026

    Fed. Circ. Revives Communications Patent Suit Against Apple

    The Federal Circuit on Monday reinstated a lawsuit accusing Apple of infringing a series of secure communications patents, faulting the way the lower court interpreted certain key terminology in the patents.

  • August 03, 2026

    Fla. Judge Faces Hearing Over Political Donation Penalty

    A Florida state court judge was unable to reach an agreement over how she will be sanctioned for violating a rule regarding political donations, so her disciplinary case will be sent back for a hearing before the state's Judicial Qualifications Commission.

  • August 03, 2026

    Bermuda Firm Owes UK Tax In £41M Dispute, Tribunal Rules

    A Bermuda-based investment firm was a U.K. tax resident for several years and therefore may be liable for over £40.5 million ($54.3 million) in corporate tax because its beneficiary had effective control, a London tribunal ruled.

  • August 03, 2026

    Trump, Copyright Chief Spar Over Justices' Removal Rulings

    The Trump administration and U.S. Copyright Office leader Shira Perlmutter have each told a D.C. federal judge that U.S. Supreme Court rulings in June regarding presidential removal power bolster their side in the fight over her firing, with Perlmutter saying they leave intact her statutory challenge and the government saying they confirm President Donald Trump's authority to oust her.

  • August 03, 2026

    Libertarian Group Backs Farm In DOL In-House Court Fight

    A libertarian public interest law firm urged the U.S. Supreme Court Monday to rule against the Labor Department's authority to adjudicate civil penalties against agricultural employers in house, arguing that Congress never authorized the agency's enforcement scheme under the H-2A guest worker program.

  • August 03, 2026

    Conn. Justices Order Education For Atty Who Missed AI Flubs

    The Connecticut Supreme Court has ordered a GLG Law LLC attorney to complete continuing education after finding that seven errors in filings caused by ChatGPT stemmed from negligence in the use of new technology, not from an intentional attempt to deceive or mislead the court.

  • August 03, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week tackled disputes involving merger litigation, insider trading allegations, books and records demands, advancement proceedings, fiduciary duties, public benefit corporations and more.

  • August 03, 2026

    Pfizer COVID Vaccine Suit Needs 3-Judge Court, Panel Finds

    The D.C. Circuit has revived a couple's suit against Pfizer Inc., federal officials and a pediatrician's office alleging their child died after receiving the COVID-19 vaccine, saying federal law required a three-judge court to decide motions to dismiss, not the single judge who tossed the case.

  • August 03, 2026

    Trump Admin Appeals Order To Improve Adelanto ICE Site

    The Trump administration is seeking to overturn an order from a California federal judge instructing U.S. Immigration and Customs Enforcement to improve conditions at its Adelanto ICE Processing Center East and West.

  • July 31, 2026

    Law360 Names 2026's Top Attorneys Under 40

    Law360 is pleased to announce the Rising Stars of 2026, our list of more than 160 attorneys under 40 whose legal accomplishments belie their age.

  • August 02, 2026

    Mich. Justices Say Enbridge Line 5 Permits Need Reevaluation

    The Michigan Supreme Court threw out state regulators' approval of Enbridge Energy LP's proposed Line 5 tunnel beneath the Straits of Mackinac, ruling that the Michigan Public Service Commission failed to properly analyze the project's environmental impacts under the Michigan Environmental Protection Act and must reconsider the application. 

  • July 31, 2026

    Mich. Justices' Ruling Will Allow Eli Lilly Price-Fixing Probe

    A split Michigan Supreme Court Friday overturned two of its prior rulings that the majority determined had wrongly expanded an exemption in the Michigan Consumer Protection Act, opening the door for the state's attorney general to take action against misconduct in a range of industry sectors.

  • July 31, 2026

    9th Circ. Seeks Nev. High Court Input In Live Nation Class Suit

    The Ninth Circuit Friday sought the Nevada Supreme Court's input on a proposed class action against Live Nation, certifying a question about whether an arbitration agreement is void under Nevada law if "the drafter reserves the unilateral right to modify the entire agreement 'at any time' without notice."

  • July 31, 2026

    3rd Circ. Issues Warning Against Vague Sentencing Factors

    The Third Circuit on Friday upheld the conviction of a man accused of smuggling marijuana into the Virgin Islands, finding in a precedential opinion that a federal court in the territory did not incorrectly rely on his previous arrest record when determining his sentencing length.

  • July 31, 2026

    Calif. Supreme Court Reverses Strike Of 'Less Attentive' Juror

    The California Supreme Court held that a prosecutor's claim that a prospective juror was "less attentive" than others is not enough to support a peremptory strike, saying a 2022 California law aimed at prohibiting bias in juror removals requires more than a behavioral reason.

  • July 31, 2026

    Case Challenging Ban On 'Conversion Therapy' Reopened

    A Washington federal judge has partly revived a family therapist's constitutional challenge of the state's prohibition on a practice commonly known as conversion therapy in the wake of the U.S. Supreme Court's March decision finding that a similar Colorado ban amounted to viewpoint discrimination against a Christian counselor.

  • July 31, 2026

    3rd Circ. Backs Trust In Pa. Game Commission Title Dispute

    The Pennsylvania Game Commission constitutes a Pennsylvania citizen, the Third Circuit ruled Friday in a land title dispute between the commission and a trust, rejecting the commission's "Hail Mary" change in position that it's instead an "arm" of Pennsylvania, which would erase the court's diversity jurisdiction.

  • July 31, 2026

    Del. Supreme Court Ends J&J Bid To Preserve Asbestos Data

    The Delaware Supreme Court on Friday reversed a Chancery Court ruling that had allowed Johnson & Johnson, Dow Chemical and other major asbestos defendants to pursue a novel effort to stop bankruptcy trusts from deleting decades of asbestos claims records, holding that the companies failed to satisfy the requirements for an equitable bill of discovery.

  • July 31, 2026

    11th Circ. Backs Nurse's 20-Year Term In $111M Medicare Case

    The Eleventh Circuit on Friday agreed with a nurse practitioner that a trial court erred in giving prosecutors more time in closing arguments at her $111 million Medicare fraud trial, but upheld her conviction and 20-year sentence after finding the evidence against her was "overwhelming."

Expert Analysis

  • 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.

  • Opinion

    High Court's Abortion Pill Stay Reinforces Appellate Principles

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    The U.S. Supreme Court's recent order in Danco Laboratories v. Louisiana, staying a Fifth Circuit ruling that reinstated an in-person requirement for dispensing the abortion medicine mifepristone, should be seen not as a definitive ruling on reproductive rights, but as an affirmation of a more disciplined jurisdictional reality, says Daniel Nardo at Nardo & Associates.

  • Series

    Studying Foreign Languages Makes Me A Better Lawyer

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    Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

  • 6th Circ. Ruling Highlights Split On Labor Cost Depreciation

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    The Sixth Circuit's recent decision in Schoening Investment v. Cincinnati Casualty throws into relief the fine lines of courts' varying interpretations of whether a commercial property insurer may justifiably depreciate labor costs to determine the actual cash value of damage, says Nabila Rahim at Zelle.

  • 6th Circ. Ruling Broadest So Far In Wave Of Habeas Decisions

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    The Sixth Circuit’s recent opinion in Lopez-Campos v. Raycraft provides the most developed structural reasoning among rulings in a widening circuit split over mandatory detention after undocumented entry into the U.S., and supplies immigration practitioners a template for due process arguments in favor of habeas relief, says Kemal Hepsen at Mandamus Lawyers.

  • Opinion

    Murdaugh Reversal Masks Deeper Justice System Issues

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    The South Carolina Supreme Court's recent reversal of Alex Murdaugh's murder conviction leans heavily on improper jury influence by an ex-county clerk of court while underbilling other errors in the case, which are emblematic of larger issues with the justice system, says Barry Edwards at Fair Trial Analysis.

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