Appellate

  • July 13, 2026

    Fed. Circ. Removes Early Sales Ban In Door Patent Case

    The Federal Circuit on Monday again threw out a preliminary injunction barring sales of insulated doors while patent litigation over them plays out, ruling an Ohio federal judge wrongly found that the patent owner and a licensee were likely to prevail in the case.

  • July 13, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week handled disputes involving corporate control, post-closing competition, executive departures, arbitration awards and shareholder litigation.

  • July 13, 2026

    Fed. Circ. Revives Google Fight Against Voice Tech Patent

    The Federal Circuit on Monday gave Google a new chance to invalidate a patent covering a voice-operated internet browsing system, saying the Patent Trial and Appeal Board needs to take another look at the company's challenge.

  • July 13, 2026

    Mass. High Court Says Prevailing Wage Skips Routine Repairs

    Massachusetts' highest court ruled Monday that routine maintenance and repair work at a privatized wastewater treatment facility does not trigger prevailing wage protections under a state special act, finding the phrase "construction and design of improvements" carries a narrower technical meaning than the workers claimed.

  • 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.

Expert Analysis

  • How NEPA Review Has Changed Since Seven County

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    A year after the U.S. Supreme Court's decision in Seven County Infrastructure Coalition v. Eagle County instituted major changes to judicial review under the National Environmental Policy Act, courts are effectively applying the decision, but where things go from here may be up to agencies and project proponents, say attorneys at Venable.

  • A Midyear Look At Antiterrorism Act Jurisprudence And Policy

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    Plaintiffs have filed comparably fewer new actions under the Antiterrorism Act this year, though a handful of key decisions further defined the statute’s aiding-and-abetting standard and highlighted continuing risks for financial services companies, say attorneys at Skadden.

  • Justices' ICA Ruling Provides Certainty For Regulated Funds

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    The U.S. Supreme Court's recent ruling in FS Credit v. Saba that a contract-rescission provision of the Investment Company Act does not provide investors with a private right of action is a victory for the regulated fund industry, emphasizing that where Congress intended to create private remedies, it did so expressly, say attorneys at Simpson Thacher.

  • Justices' Obstruction Ruling Clears Venue-Challenge Path

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    While the U.S. Supreme Court’s recent ruling in Abouammo v. U.S. poses venue challenges for federal obstruction of justice prosecutions, it is a gift for defense counsel because it offers a clean, constitutional basis to challenge venue where a place of falsification and a place of investigation diverge, says Liz Aloi at MoFo.

  • Drawing A Line Between Settlement Pressure And Extortion

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    U.S. v. Luo, pending in the U.S. District Court for the Southern District of New York, may force courts to address anew when settlement negotiations become criminal extortion, particularly in the age of easily fabricated digital evidence, says attorney Denis Kiely.

  • Recent Cases Clarify When Risk Disclosures Trigger Liability

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    Several recent decisions highlight circumstances where risk disclosures can constitute actionable misrepresentations, providing clarity on how the Private Securities Litigation Reform Act's safe harbor and the common-law bespeaks caution doctrine apply to risk disclosures, and how publicly traded companies can guard against such claims, say attorneys at Katten.

  • Securities Class Cert., 5 Years After Goldman Ruling

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    The U.S. Supreme Court's 2021 decision in Goldman Sachs Group v. Arkansas Teacher Retirement System has not only armed defendants in securities cases with more arguments in individual class certification fights, but may also be providing greater certainty and finality in class certification battles, say attorneys at Skadden.

  • Opinion

    Md., Colo. Climate Rulings Point To Need For Federal Solution

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    As the U.S. Supreme Court prepares to review the Colorado Supreme Court's 2025 ruling in Boulder County v. Suncor U.S. Inc., which green-lit a state-level climate lawsuit, a recent conflicting ruling from the Maryland Supreme Court underscores why a uniform federal answer on climate litigation is needed now, says Phil Goldberg at Shook Hardy.

  • High Court's FCC Ruling Adds To Comms Industry Paradox

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    The Supreme Court's recent decision in Federal Communications Commission v. AT&T, finding that the FCC's informal forfeiture process survives Seventh Amendment scrutiny, opens some doors for regulated entities, but the practical effect may be surprisingly constrained, says Jonathan Marashlian at The CommLaw Group.

  • Series

    Founding An Autism Academy Made Me A Better Lawyer

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    Starting a nonprofit autism school with no building, no funding model and no guarantee that families would trust us taught me the importance of mission, patience and purpose — lessons that sharpened my practice and showed how meaningful work outside the office can make lawyers better, says Phillip Russell at Ogletree Deakins.

  • Why Private Sector Should Watch Gov't DEI Firing Class Bid

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    Former federal employees' class certification attempt in Fell v. Trump is worth following, as their challenge of the Office of Personnel Management's elimination of DEI positions raises questions about commonality in employee classes and protections for nonminority advocacy that reach beyond the public sector, says Shaun Southworth at Southworth PC.

  • When Do Murals Qualify For IP Protection?

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    Artist Robert Wyland recently sued FIFA for painting over his 1999 "Ocean Life" mural to make room for a World Cup promotion in Dallas, spotlighting questions over the extent to which copyright law and the Visual Artists Rights Act protect different types of art, say attorneys at Armstrong Teasdale.

  • How Justices' Habeas Ruling Limits Compassionate Release

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    The U.S. Supreme Court's recent holding in Fernandez v. U.S. that a federal prisoner who challenges their conviction's validity must do so through habeas, not compassionate release, considerably narrows the universe of arguments that can support a sentence reduction, says attorney Elizabeth Franklin-Best.

  • The Banking Issue Hiding In Justices' Freight Broker Ruling

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    While the U.S. Supreme Court’s recent liability preemption ruling in Montgomery v. Caribe Transport was front-page news for the transportation industry, the banking industry seems to have missed that the decision exposes freight broker lenders to credit, documentation and litigation issues, say attorneys at Barack Ferrazzano.

  • 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.

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