Appellate

  • October 27, 2026

    Texas Panel Reinstates Home Invasion Shooting Convictions

    A Texas appeals court on Tuesday reversed a lower court's grant of a new trial to a man convicted of shooting his ex-wife five times during a home invasion, ruling he did not prove the evidence against him was insufficient or that a prosecutor's arguments during the initial trial were improper.

  • October 27, 2026

    Courts Take On Lilly GLP-1 Ads, J&J Mesothelioma Trial, More

    Law360 Healthcare Authority looks at Novo Nordisk's preliminary injunction loss in its challenge to Eli Lilly's GLP-1 advertising, an Ohio state jury's verdict in wrongful death litigation over Johnson & Johnson's talc baby powder and other legal news from the past week.

  • October 27, 2026

    High Court Refuses To Undo Texas Immigration Rule Deal

    U.S. Supreme Court Justice Samuel Alito on Tuesday denied a request from three cities and an advocacy group to undo a consent judgment approved by a Texas federal judge that vacated a rule that allowed immigration courts to temporarily close cases.

  • October 27, 2026

    IRS Asks 1st Circ. To Toss Shuttered Bank Owner's Claims

    The IRS asked the First Circuit to dismiss unlawful property seizure and due process claims against former IRS Criminal Investigation officers in a dispute related to a shuttered online bank suspected of facilitating tax evasion and money laundering, saying the bank's former owner failed to establish plausible allegations.

  • October 27, 2026

    7th Circ. Revives Bakery's Suit Over Business License Denial

    A bakery owner who was refused a business license after hosting an event featuring "infused" treats can revive her constitutional lawsuit against officials of a Chicago suburb, the Seventh Circuit ruled Monday, finding that a lower court wrongly concluded the suit was barred because she had previously challenged the denial in state court.

  • October 27, 2026

    Atty Who Copped To Tax-Dodging Gives Back Law License

    The Georgia Supreme Court on Tuesday accepted an attorney's voluntary surrender of his law license, finding his removal from the state bar was appropriate after he pleaded guilty to tax evasion charges.

  • October 27, 2026

    Disney Says Fubo Can't Appeal Arbitration Order

    Disney has asked a California federal court to deny Fubo subscribers certification of an interlocutory appeal as they fight an order to arbitrate their case over streaming rates, saying they failed to satisfy the requirements for it.

  • October 27, 2026

    7th Circ. Says Compilation Copyright Doesn't Cover Article

    The Seventh Circuit has held that a publishing organization's copyright on a collection of writings doesn't automatically confer copyright protection on an individual article within that collection, affirming summary judgment in favor of two individuals who published that article as part of a book.

  • October 27, 2026

    4th Circuit Says W.Va. Daniel's Law Is Unconstitutional

    The Fourth Circuit on Tuesday affirmed a district court determination striking down as unconstitutional West Virginia's law restricting the publication of the home addresses and phone numbers of law enforcement and judicial officials, saying the district court applied "well-established" First Amendment principles.

  • October 27, 2026

    Calif. Appeals Court Nixes Arbitration Of Ex-Tech's PAGA Suit

    California workers can pursue representative claims under the state's Private Attorneys General Act without bringing individual claims, even after the law's 2024 amendments, a California appeals court ruled, rejecting an agricultural equipment company's bid to force a former employee into arbitration.

  • October 27, 2026

    Texas Top Court Takes Up Dallas Short-Term Rental Battle

    The Supreme Court of Texas has agreed to hear a dispute over short-term rental property regulations in Dallas, granting the city's petition to review a state appellate ruling that upheld an injunction against a pair of ordinances.

  • October 27, 2026

    5th Circ. Revives Ex-Union Pacific Conductor's ADA Case

    The Fifth Circuit reinstated a suit from an ex-conductor who said Union Pacific wouldn't let him return to his job after passing a color vision test, rejecting the company's claim that he had waited too long to lodge his claims after being excluded from a similar class action.

  • October 27, 2026

    2nd Circuit Rejects Venezuela's Bid To Void $3B In Bonds

    Nearly $3 billion in defaulted Venezuelan bonds should not be blocked from enforcement under the country's domestic law, the Second Circuit ruled Tuesday.

  • October 26, 2026

    Pa. Panel Revives Clarks Website Visitor's Wiretap Suit

    A Pennsylvania appellate court has reversed the toss of a proposed class action accusing shoe retailer Clarks of violating the state's wiretap law by sharing website visitors' information with a third-party analytics provider, finding that it wasn't clear whether consumers had adequate notice of the company's data practices.

  • October 26, 2026

    11th Circ. Says Stash House Acts Can Boost Drug Sentences

    The Eleventh Circuit upheld the roughly 20-year prison sentence for a Florida man who participated in an illicit drug enterprise, ruling in a published but split opinion that a person can receive extra prison time for "stash houses" used by co-conspirators, even in instances where the defendant did not personally own or rent the property.

  • October 26, 2026

    Justices Won't Nix Stay In La. Coastal Damages Suit

    The U.S. Supreme Court on Monday rejected Louisiana's emergency request to erase a Fifth Circuit stay that prevented one of its parishes from litigating coastal damage claims against an oil and gas company in state court.

  • October 26, 2026

    Conn. Justice Insists PTSD A 'Physical' Injury In Comp Case

    A Connecticut Supreme Court justice told counsel for the town of East Hartford on Monday that post-traumatic stress disorder is a physical injury, even though it is not observable with X-rays and other medical detection methods, and it is "nonsense" to suggest otherwise amid workers' compensation litigation.

  • October 26, 2026

    Pa. Court Affirms $9.5M Verdict Over Botched Vasectomy

    A Pennsylvania appellate panel Monday affirmed a $9.5 million verdict in a suit accusing a doctor of botching a man's vasectomy that caused the loss of a testicle, saying the verdict was supported by sufficient evidence.

  • October 26, 2026

    9th Circ. Says Judge Misread Bisexuality In Asylum Case

    A panel of the Ninth Circuit has revived a bisexual Russian man's bid for asylum, ruling that an immigration judge's conclusion that he was not bisexual because he'd never had sex represented a fundamental misunderstanding of bisexuality.

  • October 26, 2026

    Stellantis Tells 2nd Circ. To Reject Car Inventory Fraud Suit

    Stellantis and two former executives have told the Second Circuit that a New York federal judge correctly dismissed a proposed securities fraud class action accusing the automaker of loading dealerships with excess vehicle inventory in order to pump up Stellantis' operating margins.

  • October 26, 2026

    Conn. Town Appeals Loss In $11M Quarry Deal Coverage Case

    A Connecticut town will challenge a federal judge's ruling that several insurers are free of any coverage obligations for an $11 million settlement over the politically motivated shutdown of a local quarry, court records show.

  • October 26, 2026

    11th Circ. Nixes Challenge To Ga. Campaign Finance Law

    The Eleventh Circuit on Monday shut down a political action committee's lawsuit alleging a state campaign finance law unlawfully favored a rival to its preferred gubernatorial candidate, Georgia Secretary of State Brad Raffensperger, concluding that the end of Raffensperger's campaign nullified the case.

  • October 26, 2026

    Whiskey Co. CEO Loses Shot At Halting Ch. 11 Asset Sale

    A Tennessee federal judge has denied an attempt by the chief executive of a whiskey maker to block asset sale efforts by the company's receiver pending an appeal of the court's decision to keep the receivership in place.

  • October 26, 2026

    Farmworker Seeks Higher Atty Fees, Citing 9th Circ. Ruling

    A farmworker and a union urged a Washington federal court to increase a previous attorney fee award to nearly $430,000 following a recent Ninth Circuit decision in their favor, arguing they are entitled to more fees due to their success in challenging the federal government's agricultural wage survey methodology.

  • October 26, 2026

    Order Restoring Park Signage 'Flawed,' Feds Tell 1st Circ.

    The Trump administration has urged the First Circuit to vacate a "deeply flawed" ruling requiring it to restore signage addressing climate change, slavery and the history of Indigenous peoples at dozens of National Park Service-managed sites.

Expert Analysis

  • Opinion

    Justices' Climate Ruling Should Preserve State Tort Claims

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    As recent oral arguments in Suncor Energy v. Boulder County demonstrated, the case hinges on long-standing principles of federalism that allow state and local governments to protect their resources and citizens — and if the justices rule based on precedent, Suncor should lose, says William Buzbee at Georgetown University Law Center.

  • Open Issues After 2nd Circ.'s Airport Phone Search Ruling

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    While the Second Circuit’s recent U.S. v. Alisigwe decision confirms border agents' broad authority to conduct routine manual cellphone searches at ports of entry, significant questions remain about more wide-ranging forensic searches at the border, say attorneys at Baker Botts.

  • NFL Coverage Ruling Sets Limits on Long-Tail Claim Defenses

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    A New York appellate court's recent decision — holding that National Football League players who sustained neurological injuries had suffered multiple occurrences for insurance coverage purposes — may also be used to limit insurers' efforts to declaim coverage for other long-tail injury cases, including sexual abuse claims, say attorneys at SDV Fenchurch.

  • 2nd Circ. EFAA Ruling Shifts Employer Litigation Strategy

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    In Diaz-Roa v. Hermes Law, the Second Circuit recently held that, under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, employers can't carve out nonharassment claims and send them to arbitration, which has implications for discovery, litigation costs and resolution strategy in EFAA-covered disputes, say attorneys at Krevolin Horst.

  • DC Circ. Ruling Clarifies Standards For Buy America Waivers

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    The D.C. Circuit's recent decision to uphold a Federal Railroad Administration Buy America waiver offers clarifying guidance about assessing domestic availability, distinguishing manufacturing capabilities from future production plans and creating a well-supported administrative record, says Todd Overman at Bass Berry.

  • 3rd Circ. Ruling Opens Door For Fraud-On-The-Market Rethink

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    The Third Circuit's recent decision in Ocugen, holding that a stable stock price after publication of restated financials does not prove immateriality, could be a vehicle for the U.S. Supreme Court to overturn the doctrine undergirding certification of securities class actions, says Jonathan Richman at Brown Rudnick.

  • 5 Issues To Watch As Fed. Circ. Hears Moderna Vax IP Case

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    Upcoming oral arguments before the Federal Circuit in Arbutus v. Moderna will test whether patent liability protections for government contractors extend to vaccines distributed to the public, and the resolution of certain questions, such as how to define “for the government,” may be key to the outcome, say attorneys at Honigman.

  • PFAS Ruling Extinguishes A Policyholder Path To Coverage

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    Following an Ohio federal court's recent ruling in Fire-Dex v. Admiral Insurance, policyholders whose PFAS exposure is concentrated in workplace products will see bids for coverage fail under the occupational-disease exclusion, giving insurers a defense well suited for the category of claims that has been most resistant to pollution exclusions, say attorneys at Benesch.

  • When Insurer Insolvency Won't Trigger Excess Coverage

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    With its recent decision in A.R. Wilfley v. National Union Fire Insurance, the Colorado Supreme Court joins a growing national consensus enforcing clear and unambiguous anti-drop-down policy language in umbrella and excess policies, says Michael Kotula at Rivkin Radler.

  • How DC Circ. Ruling Permits Playacting Bribery Defense

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    The D.C. Circuit’s recent U.S. v. Burke decision appears to create a circuit split on whether prosecutors must prove public officials’ intent in bribery cases, and opens a gap between what appears to be corrupt conduct and what the law can reach, says Liz Aloi at MoFo.

  • Series

    Being In The Peace Corps Made Me A Better Lawyer

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    When I served in the Peace Corps, the people of the West African village where I was stationed helped me acclimate to my new surroundings and enabled me to develop problem-solving, teamwork and empathy skills that have bolstered my legal practice far beyond the ability to offer technical advice, says Brian Bewley at McGuireWoods.

  • Remote Work Ruling Clarifies Calif. Law Limits, With Caveats

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    Although a California state appeals court's recent decision in Saberin v. Alation confirmed that California employment laws do not operate extraterritorially merely because a company is headquartered in the state, employers shouldn't construe this as authorization to relocate decision-makers to circumvent statutory obligations, says Hallie Aylesworth at Sheppard.

  • EPA Rollback Puts Power Plant GHG Rules In Flux

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    The U.S. Environmental Protection Agency's recent actions on power plant greenhouse gas emissions create immediate implications for power plant operators and long-term regulatory uncertainty, while raising questions about the relationship between federal and state approaches to climate-related litigation, say attorneys at Van Ness Feldman.

  • What $5.7B Apple Verdict Reveals About Patent Risk

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    A California federal jury's recent $5.7 billion damages verdict against Apple exemplifies the enormous financial exposure that can occur when patent-infringing features are incorporated into many units, though the outcome is ultimately dependent on the strength of the underlying infringement, validity and damages theories, says Michael Dorfman at Barclay Damon.

  • Dissecting Dodd's, Gensler's Prediction Market Amicus Briefs

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    Former Sen. Chris Dodd and former U.S. Commodity Futures Trading Commission Chairman Gary Gensler's recent amicus briefs in support of New Jersey's petition for U.S. Supreme Court review of Kalshi v. Flaherty draw on legislative history to counter the CFTC's claim of federal preemption over the prediction markets, says Trace Schmeltz at Steptoe.

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