Appellate

  • October 16, 2026

    Balancing The Scales: Criminal Appeals, Sentencing Rules

    The Second Circuit has been ordered to take another look at a murder-for-hire conviction in light of the high court's new miscarriage-of-justice exception for criminal appeal waivers, and the top courts in Pennsylvania and Michigan will look at the retroactivity of new sentencing rules. Here, Law360 highlights access to justice stories arising from litigation, verdicts and judgments you may have missed.

  • October 16, 2026

    Fed. Circ. Stands By Double Denials, SpaceTime3D PTAB Loss

    The Federal Circuit declined Friday to rehear two cases decided in August, one where an e-commerce patent owner was looking for the security to assert its patent in future litigation, and the other where SpaceTime3D was trying to revive patents cut down by Apple and Google.

  • October 16, 2026

    US Inventor Presses Justices To Hear $2.6B Centripetal Case

    US Inventor Inc. has urged the U.S. Supreme Court to revive Centripetal Networks LLC's patent infringement case against Cisco Systems Inc., arguing that a lower court that wiped out a $2.6 billion judgment had wrongly denied Centripetal the chance to respond to new claim construction.

  • October 16, 2026

    Del. High Court Backs Gard In Litigation Funding Fight

    The Delaware Supreme Court has upheld a Chancery Court ruling rejecting claims that hedge fund manager Casey Gard and affiliates improperly shifted a litigation-finance business away from a company he co-owned with attorney Brett K. Findler, ending Findler's challenge to liability findings from a closely watched business breakup.

  • October 16, 2026

    Could A Criminal Sentencing Case Upend Loper Bright?

    U.S. Supreme Court Justice Neil Gorsuch is concerned that a ruling instructing trial courts to defer to the U.S. Sentencing Commission's interpretation of federal sentencing guidelines could blow a "pretty big hole" in the court's recent rejection of deference doctrines. His colleagues, however, don't appear as perturbed.

  • October 16, 2026

    Mass. Court Adds Knowledge Prong To Gun Charge

    Prosecutors must prove that a defendant found with a licensed firearm while intoxicated knew it was loaded in order to secure a conviction under a state law prohibiting such conduct, Massachusetts' intermediate-level appellate court said Friday in vacating a conviction.

  • October 16, 2026

    9th Circ. Won't Rethink $2B Devas Arbitral Award Confirmation

    The Ninth Circuit said Friday it will not disturb a unanimous three-judge panel's decision to enforce a $2 billion arbitral award issued to a satellite communications company, rejecting the award debtor's petition for a rehearing by the full court.

  • October 16, 2026

    Justices Told Siemens Chip Patent Win Shows Fed. Circ. Split

    The owner of a set of patents covering computer chip design wants the U.S. Supreme Court to look at an alleged internal split within the Federal Circuit of how it looks at whether patents are eligible under the high court's Alice test.

  • October 16, 2026

    US Says 1907 Border Strip Lets Wall Work Continue

    The federal government is asking the D.C. Circuit to deny an Arizona tribe's emergency bid to block border wall construction, saying the Indigenous nation's claim that a 1907 law that established the Roosevelt Reservation as part of its traditional homelands ignores history and precedent.

  • October 16, 2026

    Meet The Candidates Seeking A Texas Supreme Court Seat

    Four justices on the all-Republican Texas Supreme Court will defend their seats from Democratic challengers in November, making for a closely watched contest on a bench that's made controversial moves this year.

  • October 16, 2026

    'Defend To The End': Atty Admits Error In Gucci Glasses Suit

    An attorney blamed a "defend to the end" attitude he'd developed while fighting foreclosures for turning a client's dispute over $399 Gucci glasses into a multiyear legal morass that landed him in front of a Pennsylvania disciplinary panel on Friday.

  • October 16, 2026

    11th Circ. Backs Florida Firm In Lender Note Verdict Appeal

    The Eleventh Circuit in an unpublished opinion backed a law firm accused of botching several financial transactions for a Puerto Rican microcap lender, affirming the findings of a jury and a lower court that it didn't commit malpractice by failing to secure the company's assets during bankruptcy proceedings.

  • October 16, 2026

    Mich. Panel Says PIP Opt-Out Bars State Medical Coverage

    Michigan motorists who opt out of personal injury protection medical benefits cannot obtain such coverage through the state's assigned claims plan if they are injured as a non-occupant of a motor vehicle, a Michigan state appeals court ruled.

  • October 16, 2026

    11th Circ. ERISA Exhaustion Shift Furthers Textualist Trend

    An Eleventh Circuit decision overruling decades-old precedent that took a strict view of when federal benefits law claims could be brought in court continues a trend of courts excising judicially imposed rules not contained in statutory text, attorneys say.

  • October 15, 2026

    Would-Be Kavanaugh Assassin Slams Feds' Skewed Facts

    A woman accused of trying to kill U.S. Supreme Court Justice Brett Kavanaugh told the Fourth Circuit that federal prosecutors have presented a "wildly inaccurate description" of a Maryland federal judge's sentencing decision, rejecting their argument that she got off too easy because of her gender identity.

  • October 15, 2026

    10th Circ. Shifts Indian Status Burden In Sex Abuse Cases

    Reversing its own long-term precedent, the Tenth Circuit has ruled that defendants seeking to claim Native American status under federal criminal law must prove their status themselves, a decision that rewrites decades of circuit precedent dealing with how crimes on Native lands are prosecuted by the federal government.

  • October 15, 2026

    Anthropic Urges DC Circ. To Revisit Defense Supply Risk Ban

    Anthropic has urged the D.C. Circuit to reconsider a split panel's decision allowing the Pentagon to exclude Claude artificial intelligence models from its supply chain, saying the decision, if left standing, puts U.S. companies at risk of punishment for refusing Pentagon demands.

  • October 15, 2026

    2nd Circ. Doubts NY's Power To Regulate Nuclear Discharge

    A Second Circuit panel appeared skeptical of a New York law banning a decommissioned nuclear power plant's waste from being discharged into the Hudson River, asking pointed questions on Thursday on why those discharges are not part of the plant's operations.

  • October 15, 2026

    Texas Appeals Court Says Cities Can't Block ETJ Opt-Out Law

    A Texas appeals court on Thursday found that cities cannot block a state law that allows citizens living in areas surrounding municipalities to leave the cities' jurisdiction, saying the law does not violate the Texas Constitution.

  • October 15, 2026

    Murdaugh Tells 4th Circ. To Revive Jury Tampering Civil Suit

    Disgraced lawyer Alex Murdaugh asked the Fourth Circuit on Thursday to revive his suit accusing a court clerk of interfering in his murder trial, arguing he has standing because the alleged tampering "destroyed the value" of his $600,000 defense.

  • October 15, 2026

    1st Circ. Orders New Look At Defendant's Role In Drug Org.

    The First Circuit on Thursday said a Boston man must be resentenced after he pled guilty to conspiracy to distribute drugs because the sentencing judge erroneously found he was not a low-level player in the drug trafficking operation.

  • October 15, 2026

    9th Circ. Orders New Murder Trial Over Juror Mental Crisis

    The Ninth Circuit on Thursday vacated a man's convictions for a slaying on the waters off California's coast, saying the trial court should have declared a mistrial after dismissing a juror who experienced a mental health crisis during deliberations.

  • October 15, 2026

    Wash. Justices Doubt Prosecutor Immunity In Judge DQ Case

    Washington Supreme Court justices pushed back Thursday on assertions by a county prosecutor's office that it's immune from claims that it improperly used disqualification affidavits to remove a former judge from its cases, with one justice noting that a line-level prosecutor acknowledged an officewide policy to seek disqualification of the judge.

  • October 15, 2026

    Ohio Justices Say There Is No Limit On Refiled Actions

    The Supreme Court of Ohio on Thursday ruled that the state's saving statute does not limit how many times an action may be refiled, allowing a wealth management firm client to proceed with claims over bad investment advice he allegedly received.

  • October 15, 2026

    Louisiana Asks Justices To Undo Stay In Coastal Damage Suit

    Louisiana urged the U.S. Supreme Court to erase a Fifth Circuit stay of a remand order preventing one of its parishes from litigating coastal damage claims against an oil and gas company in state court, arguing the "comity essential to our federalism" was disrupted.

Expert Analysis

  • Managing OSHA Mental Illness Logs After 5th Circ. Vacatur

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    Employers with facilities in multiple states need to carefully weigh their recordkeeping procedures following the Fifth Circuit’s recent decision that the Occupational Safety and Health Administration cannot require employers to log work-related mental illness, as inconsistent logs across facilities may raise other issues, say attorneys at Haynes Boone.

  • Expect More Probes After 3rd Circ. Algorithmic Pricing Ruling

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    The Third Circuit's recent decision in Cornish-Adebiyi v. Caesars Entertainment, allowing algorithmic price-fixing claims to proceed past motions to dismiss, may serve as a road map for how to contend with increased litigation risk in this developing area of antitrust law, say attorneys at BakerHostetler.

  • Series

    Being In A Band Made Me A Better Lawyer

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    Playing shows in storied New York City venues and rehearsing with my bandmates in poorly ventilated rooms helped develop the professional qualities I rely on as a litigator, including an ability to collaborate with strong-minded equals and the determination to treat each client with singular focus, says Eliad Shapiro at Herrick Feinstein.

  • Notable Q2 Updates In Insurance Class Actions

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    After 2026's second quarter, there is more authority rejecting class certification on total loss valuation theories from courts at the federal circuit, federal district and state appellate level — along with a resolution of a novel issue of depreciation on a wildfire claim, says Kevin Zimmerman at BakerHostetler.

  • 10th Circ. Ruling Undermines False Ad 'Two Clicks' Rule

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    The Tenth Circuit’s recent ruling in KetoNatural Pet Foods v. Hill's Pet Nutrition substantially challenges a long-standing assumption that a company can avoid responsibility for promotional claims simply because the consumer encountered them by clicking a hyperlink to a third-party website, say attorneys at Venable.

  • How Drug Trial Prediction Markets Pose Insider Trading Risks

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    Multiple prediction market platforms have recently announced plans to offer event contracts related to clinical trial outcomes and regulatory decisions, creating new insider trading risks by expanding the group of people possessing related material nonpublic information far beyond traditional corporate insiders, say attorneys at King & Spalding.

  • Mich. Ruling Gives Consumer Protection Law Its Teeth Back

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    The Michigan Supreme Court's recent decision in Attorney General v. Eli Lilly, overruling key holdings in two earlier cases, means that Michigan businesses can no longer defeat allegations of deceptive conduct under the state's consumer protection law simply by pointing to any governmental regulation of the business, say attorneys at DiCello Levitt.

  • Series

    Law School's Missed Lessons: Surviving A Long Trial

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    Most of law school trial advocacy is geared toward the sprint of trying a short case, but beyond managing a cross-examination or closing argument, effectively handling the marathon of a lengthy trial requires the ability to maintain composure, organization and credibility with the jury, says Mihir Elchuri at Hirschler.

  • A Deepening Patent-Trademark Divide Over Irreparable Harm

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    Recent Federal Circuit decisions, along with legislation being considered in Congress, may exacerbate the differences that patent owners and trademark owners face when seeking to stop infringement before irreparable harm is caused, say attorneys at BakerHostetler.

  • 7th Circ. Ruling May Reduce Litigation Risk For Text Marketers

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    The recent Seventh Circuit holding in Steidinger v. Blackstone Medical Services that unwanted marketing text messages are not telephone calls under the Telephone Consumer Protection Act may strengthen companies' responses to presuit demand letters and early-stage litigation claims premised on do-not-call text theories, say attorneys at Holland & Knight.

  • How Calif. Ruling Defines Drug Cos.' R&D Responsibilities

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    The California Supreme Court's recent ruling in the Gilead Tenofovir Cases, which held that drugmakers have no duty to bring allegedly safer alternatives to market more quickly, is a win for pharmaceutical companies — but not a grant of blanket immunity for all early-stage drug development decisions, say attorneys at King & Spalding.

  • Whiskey Business: Parsing The 9th Circ. Jack Daniel's IP Toss

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    The Ninth Circuit's recent ruling in VIP Products v. Jack Daniel's, holding a toy did not tarnish the whiskey maker's trademarks, gives fact-finders great latitude by showing that there may exist no categories of per se tarnishing content, says attorney Sara Gold.

  • Calif. Justices' Ruling Reshapes Midcase Appeal Strategy

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    The California Supreme Court's recent decision in Maniago v. Desert Cardiology Consultants holds that voluntary dismissal cannot be used as a shortcut to appellate review of interlocutory orders, resolving a long-running appellate split and pushing litigants to use alternative procedural tools, says Josh Patashnik at Ashurst Perkins Coie.

  • Fed. Circ.'s Thermostat Ruling Holds Patent Jury Trial Lessons

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    The Federal Circuit's recent decision in Ollnova v. Ecobee, throwing out a $11.5 million patent infringement award, clarifies key rules for jury verdict forms and sends an important message on patent subject matter eligibility, says Bijal Vakil at Skadden.

  • 5 IP Licensing Lessons From Fed. Circ. Asphalt Ruling

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    The Federal Circuit's recent decision in A.L.M. v. Zydex, concerning infringement of asphalt-related patents, clarifies what licensing terms are considered sufficiently exclusionary for constitutional standing, and provides helpful guidance for ensuring the enforceability of patent rights, say attorneys at Sterne Kessler.

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