Appellate

  • July 27, 2026

    Google Can't Get 2nd Try At Eliminating Network-1 Patent

    A New York federal judge has denied Google's request for a second attempt at invalidating a patent asserted by a patent licensing company, rejecting its arguments that a Federal Circuit decision from last month made another try necessary.

  • July 27, 2026

    Fertilizer Biz Asks Justices To Reverse Idaho Tribal Land Swap

    An Idaho agribusiness is asking the U.S. Supreme Court to undo a Ninth Circuit decision that invalidated a U.S. Department of the Interior land transfer over tribal concerns of contamination from a planned fertilizer plant expansion, arguing the ruling undermines the country's food security, thousands of jobs and millions in economic activity.

  • July 27, 2026

    NJ Justices Set 3rd-Party Legal Fee Rules In Criminal Cases

    The New Jersey Supreme Court on Monday set forth parameters for third-party legal fee arrangements in criminal cases, upholding a murder conviction on the grounds that no conflict of interest resulted from a state witness paying his lawyer and finding that third‑party payments don't create per se conflicts of interest.

  • July 27, 2026

    Ga. Gov. Appoints Attys To Judgeship, DA Roles

    Georgia Gov. Brian Kemp has appointed a Dodd & Burnham partner and the managing partner of Walker Hulbert Gray and Moore LLP to serve as Superior Court judges and two attorneys as district attorneys.

  • July 27, 2026

    10th Circ. Upholds Colo.'s $3-A-Day Rental Car Fee

    The Tenth Circuit upheld Colorado's up-to-$3-a-day congestion impact fee on short-term vehicle rentals Monday, ruling that the charge falls on consumers rather than airport rental car companies.

  • July 27, 2026

    Hemp Co. Says DEA Defied Farm Bill By Banning HHC

    A North Carolina hemp company challenging the legality of a recent U.S. Drug Enforcement Administration rule designating a psychoactive hemp-derived compound as a Schedule I substance has told the Fourth Circuit that the agency defied Congress when it issued the rule.

  • July 27, 2026

    Cannabis In The Courts: A Midyear Litigation Review

    In the first half of 2026, lawsuits taking aim at recent federal shifts in cannabis policy, a federal ban on marijuana users owning firearms and purported residency criteria in state cannabis licensure programs were argued in multiple courts across the country.

  • July 27, 2026

    Trump Admin Appeals Partial Block On Mail Ballot Order

    The Trump administration has asked the U.S. Supreme Court to step in after the First Circuit declined on Saturday to lift a lower court's order prohibiting the administration from enforcing restrictions on mail-in balloting in 23 states and the District of Columbia in this year's general election.

  • July 27, 2026

    Pa. Felony Murder Bill Deadline Expires With No New Rules

    The deadline for Pennsylvania lawmakers to pass new sentencing rules for second-degree murder has passed, after the state Supreme Court didn't act Friday on a request to extend the delay on their ruling that mandatory life sentences for second-degree murder are unconstitutional.

  • July 24, 2026

    2nd Circ. Partly Revives NYC Employee's Disability Case

    The Second Circuit Friday vacated a lower court's dismissal of a New York City employee's suit claiming the city failed to accommodate his disability, although it said the trial court was correct in tossing the employee's discrimination and retaliation claims.

  • July 24, 2026

    1st Circ. Won't Stay Decision Blocking $100K H-1B Visa Fee

    The First Circuit on Friday refused to stay a Massachusetts federal court's order throwing out President Donald Trump's $100,000 fee for certain skilled-worker visas while the administration appeals the ruling.

  • July 24, 2026

    Abbott Wins 7th Circ. Fight Over Baby Formula Warning

    The Seventh Circuit on Friday refused to revive a woman's claims that Abbott Laboratories failed to warn about the dangers of a Similac-brand infant formula her baby drank before dying of a serious gastrointestinal disease, saying she failed to show that her suggested alternative warning would have saved her baby.

  • July 24, 2026

    'False Innuendo': Sanctioned Davis Wright Atty Rips Fee Bid

    A Davis Wright Tremaine LLP partner sanctioned for subpoena tactics is fiercely contesting a plaintiffs firm's six-figure fee bid, telling a California federal court that the request misleadingly cites alleged misconduct in separate litigation, reflecting a "naked attempt to prejudice the court's view of counsel."

  • July 24, 2026

    5th Circ. Partly Upholds Block On Texas Content Filtering Law

    A Fifth Circuit panel on Friday affirmed in part a lower court's injunction blocking Texas' new law forcing companies to filter content for underage users, though it said other portions of the law, including an age-verification requirement, were permissible.

  • July 24, 2026

    Panel Asks Fla. Justices To Clarify Right-To-Counsel Rule

    A Florida appeals court has concluded that while a man's sexual battery conviction should remain in place, the state's highest court should determine whether the Florida Constitution allows attorney-client conversations during a recess when barred by a trial judge.

  • July 24, 2026

    4th Circ. Backs Parental Limits Under Juvenile Visa Program

    The Fourth Circuit affirmed Friday that the parents of immigrant children who receive visas through a special classification for kids who have been abused, neglected or abandoned cannot seek a path to legal residency through their children.

  • July 24, 2026

    Apple Beats Bid To Revive COVID App Antitrust Suit

    The D.C. Circuit on Friday refused to revive an antitrust lawsuit that accuses Apple of unlawfully tying its iPhone to its App Store and monopolizing access to COVID-19 tracing apps, saying an app developer that sued the tech giant failed to plausibly allege relevant product markets for its claims.

  • July 24, 2026

    9th Circ. Revives Ex-Kaiser Worker's Vaccine Bias Suit

    A Ninth Circuit panel Friday revived a former Kaiser Permanente employee's discrimination suit accusing The Permanente Medical Group Inc. of unlawfully firing her for refusing a mandatory COVID-19 vaccine, ruling that the worker adequately informed the company of the vaccine's conflict with her sincerely held religious beliefs.

  • July 24, 2026

    11th Circ. Revives Challenge To Ga. Gun Carry Age Limits

    The Eleventh Circuit revived a challenge to a Georgia statute that prohibits adults under the age of 21 from obtaining weapons carry licenses and carrying handguns in public on Friday, sending the case back to a lower court to consider it in light of recent U.S. Supreme Court precedent.

  • July 24, 2026

    Fla. Panel To Prosecutors: 'Double-Check' Charging Docs

    Florida appellate judges reversed a man's fentanyl trafficking conviction Friday after finding the substance found on him during a traffic stop was not fentanyl, but a fentanyl derivative, remarking, "'issues like this should be avoided by the state taking a moment to double-check its charging documents.'"

  • July 24, 2026

    Mich. Panel Allows School Shooting Threat Case To Proceed

    A former high school senior accused of threatening to shoot his principal and teachers failed to escape criminal charges by claiming First Amendment protection, a Michigan Court of Appeals panel has ruled, saying the teen went beyond mere talk when he bought a shotgun and tried to buy two pistols.

  • July 24, 2026

    Full Fed. Circ. Urged To Reconsider Pfizer's Paxlovid IP Win

    Enanta Pharmaceuticals is asking the Federal Circuit to rethink its June refusal to revive a patent it had asserted against Pfizer over its COVID-19 treatment Paxlovid, saying the court acted beyond its authority.

  • July 24, 2026

    Balancing The Scales: Geofence Clarity, Post-Hunter Scrutiny

    The U.S. Supreme Court deemed geofence warrants as searches under the Fourth Amendment, and the justices’ ruling in Hunter spurs a conversation of what the bar should be for criminal appeal waivers. Here, Law360 highlights access to justice stories arising from litigation, verdicts and judgments you may have missed.

  • July 24, 2026

    'Irreparable': The Lasting Harm Of Justices' Temporary Orders

    The U.S. Supreme Court has considered dozens of emergency petitions involving executive policies since President Donald Trump's return to office. While justices often defend their emergency rulings as stop-gap measures, people at the center of those cases — who've lost their legal status, jobs, or federal funding — say that even interim decisions have had lasting effects on their lives.

  • July 24, 2026

    Mich. Justices Say Open Meeting Not Needed For Pot Permit

    The city manager of a Detroit suburb did not violate Michigan's Open Meetings Act by privately evaluating and ranking applicants for the city's limited recreational marijuana licenses, the Michigan Supreme Court has ruled, reversing an appellate decision.

Expert Analysis

  • 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.

  • Del. Justices' Ripeness Ruling Shields Advance Notice Bylaws

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    The Delaware Supreme Court’s recent decision dismissing two AES and Owens Corning stockholder challenges of advance notice bylaws as unripe provides corporations more room to insulate their nomination procedures from activist pressure, say attorneys at Reed Smith.

  • How The High Court Expanded Freight Broker Liability

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    After the U.S. Supreme Court's decision in Montgomery v. Caribe Transport II that freight brokers may be liable for selecting unsafe motor carriers, the key question will be whether brokers used reasonable care in selecting a given motor carrier, with the concurring opinion offering some clues as to what reasonable care might look like, says Marc Blubaugh at Benesch.

  • 'Anderson Method' Ruling Shows Copyright Limits In Fitness

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    The Ninth Circuit's ruling in Tracy Anderson Mind and Body v. Megan Roup, finding that sequences of exercises developed and recorded by Tracy Anderson were not copyrightable choreographic works, is a reminder that even highly creative fitness programming can fall outside the scope of copyright protection, says Meredith Bobber Strauss at Michelman & Robinson.

  • 2nd Circ.'s Cantero Redo Complicates Mortgage Escrow Issue

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    The Second Circuit's recent decision in Cantero v. Bank of America reflects the absence of definitiveness in mortgage escrow preemption jurisprudence, leaving lenders to navigate conflicting state rules and pricing challenges amid a deepening circuit split, say attorneys at Sullivan & Cromwell.

  • 3 Rulings Show How Creditors Make Civil RICO Claims Stick

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    An Arizona federal court's recent decision concerning UniCredit Bank Austria is one of few in which creditors' claims against debtors for Racketeer Influenced and Corrupt Organizations Act violations have survived motions to dismiss, and these claims' substantial benefits make the rulings worth analyzing for guidance, says Brian Asher at Asher Research.

  • What Fed. Circ.'s Poultry Patent Ruling Says About 'About'

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    The Federal Circuit's recent decision in Enviro Tech v. Safe Foods highlights how approximation language in patent claims affects not only litigation outcomes, but also portfolio value, competitive positioning and prosecution strategy, say attorneys at Foley & Lardner.

  • Class Actions At The Circuit Courts: May Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings from cases involving allegations of Title VII violations, the Employment Retirement Income Security Act, prison dental care violations and overcharging for PACER access.

  • Texas Ruling Makes Avoiding Appraisal Nearly Impossible

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    By deciding that a coverage dispute doesn't nullify an appraisal clause, the Texas Supreme Court, in its recent Ace American Insurance ruling, makes appraisal nearly unavoidable in state personal auto and residential property disputes, says David Winter at Norton Rose.

  • 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.

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