Appellate

  • July 29, 2026

    Calif. Court OKs $11M Verdict In Motorcycle Crash Case

    Los Angeles' publicly owned utility provider can't avoid an $11 million judgment after one of its van drivers caused a crash that left a motorcyclist with lifelong injuries, a California appeals court ruled, saying the city couldn't meet the "almost impossible" burden needed to prove the biker's "excessive speed" substantially caused the collision.

  • July 29, 2026

    Feds Say High Court Ruling Justifies Calif. Pipeline Oversight

    The Trump administration has told the Ninth Circuit that a recent U.S. Supreme Court decision clarifying federal arbitration jurisdictional boundaries backs its assertion that it has exclusive jurisdiction over the Santa Ynez pipeline system in California.

  • July 29, 2026

    Securities Class Actions To Watch: Mid-Year Report

    A trio of circuit court appeals tied to the class certification process in shareholder suits and a U.S. Supreme Court appeal that also touches on certification are among the cases that securities litigators are keeping an eye on in the second half of 2026.

  • July 29, 2026

    7th Circ. Flips Order Keeping 5 Baby Formula Suits In Ill. MDL

    The Seventh Circuit has reversed a district court's finding that five out-of-state necrotizing enterocolitis suits should stay in Illinois-based multidistrict litigation involving similar cases over allegedly harmful formula for preterm infants, saying the lower court went "far afield" in its fraudulent joinder analysis.

  • July 29, 2026

    Fla. DOH Worker Wasn't Fired For Blowing Whistle, Court Says

    A Florida appeals court on Wednesday affirmed the state's win against a former Florida Department of Health employee who claimed she was told to fabricate COVID-19 data, finding that she was not fired in retaliation for protected whistleblower activity.

  • July 29, 2026

    Fla. Panel Rules Against Firefighter Over Medical Cannabis

    A Florida appellate court on Wednesday sided with a county for terminating a firefighter-paramedic who tested positive for cannabis in a random drug screen, saying he wasn't entitled to a workplace accommodation for having a medical marijuana card.

  • July 29, 2026

    King & Spalding Told To End 'Shenanigans' In Bid To Exit Case

    The individual defendants in a $300 million fraud lawsuit have accused King & Spalding LLP of appellate "shenanigans" while it seeks to exit the case due to an alleged ethics conflict, claiming the firm has falsely denied representing corporate clients despite an attorney's appearance suggesting otherwise.

  • July 29, 2026

    Madigan Asks Supreme Court To Review His Bribery Verdict

    Former Illinois House Speaker Michael Madigan asked the U.S. Supreme Court on Wednesday to review his conviction on bribery, conspiracy and wire fraud charges, arguing that the "novel" theories behind his prosecution "stretch federal bribery law in ways that threaten to criminalize and chill lawful interactions between state and local officials and their constituents."

  • July 29, 2026

    Colo. Hospital Patients In Gender Care Suit Seek Class Cert.

    Transgender adolescents urged a Colorado state judge Wednesday to allow them to proceed as a certified class in their lawsuit seeking to have Children's Hospital Colorado resume providing gender-affirming care for them and other transgender youth patients, arguing the class is "objectively definable."

  • July 29, 2026

    Conn. Panel Says No Mistrial After 'Known Felon' Remark

    The Connecticut Appellate Court has ruled that a man convicted of conspiracy to commit murder was not entitled to a mistrial just because a police detective's testimony that DNA evidence in the case matched a profile for a "known felon."

  • July 29, 2026

    11th Circ. Leery Of Bid To Revive Citibank ATM Fee Bias Suit

    The Eleventh Circuit appeared skeptical Tuesday of customers' push to unwind Citibank's victory in a suit over a program that waives ATM fees at minority-owned banks, pressing the challengers on whether they had standing to bring the lawsuit. 

  • July 29, 2026

    9th Circ. Revives Biotech Worker's Pension Plan Suit

    The Ninth Circuit reopened a former Calbiotech Inc. scientist's lawsuit claiming the company unlawfully hid the existence of a pension plan, saying a trial court erred in concluding that a document specifying who was eligible to participate in the plan was legitimate.

  • July 29, 2026

    Manufacturer Can't Recoup Coverage For Gas Leak Losses

    A semiconductor manufacturer is not entitled to additional coverage for losses it incurred after a hydrogen chloride gas leak at one of its facilities, a Texas appellate court ruled, saying the company failed to show it suffered damages that exceeded its policies' deductible and were unrelated to excluded corrosion.

  • July 29, 2026

    Pa. Justices To Review Record $207M UPenn Med Mal Verdict

    The Pennsylvania Supreme Court will review whether a Philadelphia jury wrongly put a record-setting $207 million medical malpractice judgment entirely on the Hospital of the University of Pennsylvania, or if jurors needed to have decided the individual liability of the employees involved in an allegedly botched baby delivery.

  • July 29, 2026

    GOP Bill To Curb Judge Shopping May Have Limited Effect

    A Senate Republican has introduced legislation that he says will fix the judge shopping issue, but court observers don't think it will make much of a difference.

  • July 29, 2026

    3rd Circ. Won't Undo Jury Award In Fudge Trade Secret Case

    The ex-wife of a chocolatier lost her challenge to a jury's finding that she misappropriated his secret recipe for "Chocolate Moonshine" fudge, after the majority of a split Third Circuit on Wednesday said there was enough evidence behind the jury's conclusions.

  • July 29, 2026

    Split Pa. Panel Won't Boot Judge From Property Cases

    A Pennsylvania appellate court says an Allegheny County trial judge properly denied a real estate developer's request for her to recuse herself from a property conservatorship case and that the judge's rulings were not affected by alleged bias from family connections to separate cases.

  • July 29, 2026

    Gov. Abbott Reappoints All Judges To Texas Business Court

    Texas Gov. Greg Abbott has reappointed all 10 judges of the upstart Texas Business Court, preserving the makeup of a court that has handled a number of high-profile disputes and been touted as an incentive for companies to relocate to the Lone Star State.

  • July 30, 2026

    CORRECTED: Tipster's Info Didn't Aid IRS Audit Of Co., DC Circ. Told

    The Internal Revenue Service appropriately denied a whistleblower award to an individual alleging that a company underpaid taxes by not following transfer pricing regulations, the U.S. government told the D.C. Circuit, saying the information did not contribute to an audit of the company.

  • July 29, 2026

    Enforcers Defend Google Search Win, Seek Payment Ban

    The U.S. Department of Justice and state enforcers urged the D.C. Circuit not to disturb a trial court's ruling that found Google illegally maintained its search monopoly, while also asking the appeals court to consider banning Google from paying to be the default search engine.

  • July 29, 2026

    'Vibe Coding' Pushes Cos. To Rethink Copyright Protection

    As artificial intelligence takes on more software development projects, businesses embracing “vibe coding” are adapting to uncertain copyright protection by documenting engineers’ contributions, keeping humans involved in high-value projects and leaning more heavily on trade secrets.

  • July 29, 2026

    6th Circ. Says Littering Stop Didn't Taint Removal Case

    The Sixth Circuit upheld a removal order against a Guatemalan national who'd been stopped by a police officer after discarding a cigarette butt on the ground, rejecting his claims that he was racially profiled and that his constitutional rights were violated.

  • July 29, 2026

    LDS Church May Pursue Abuse Suit Coverage, 10th Circ. Says

    The Tenth Circuit revived the Church of Jesus Christ of Latter-day Saints' bid for coverage of costs it incurred in underlying litigation claiming it failed to protect children who were sexually abused by a church member, saying the district court should have read ambiguous policy terms in favor of coverage.

  • July 29, 2026

    Christian Song Doesn't Infringe Copyright, Ore. Judge Finds

    An Oregon federal judge has agreed with a jury's advisory verdict that a Christian music songwriter did not infringe the copyright on singer Vincent Ambrosetti's song "Emmanuel," noting Ambrosetti himself was not a reliable witness.

  • July 29, 2026

    Mass. Judge Says Roundup Suit May Survive Justices' Ruling

    A suit against Monsanto over the alleged cancer risks of the weedkiller Roundup may still be heading for trial after a Massachusetts federal judge said Wednesday that a U.S. Supreme Court ruling barring certain claims against the company doesn't necessarily doom the case.

Expert Analysis

  • Managing Post-IEEPA Tariff Refunds, Replacements And Risks

    Author Photo

    Companies and investors reeling from the rapid changes resulting from February's U.S. Supreme Court ruling that the International Emergency Economic Powers Act doesn't authorize tariffs should focus on understanding the duty refund process, the likely replacement tariffs and the operational ways they can minimize their tariff exposure, say attorneys at Debevoise.

  • 11th Circ. Ruling Reflects Shift In Digital Consent Frameworks

    Author Photo

    The Eleventh Circuit's recent decision in Tejon v. Zeus Networks that a browsewrap terms-of-service hyperlink was insufficiently conspicuous to bind a consumer to an arbitration agreement could accelerate a broader industry shift to clickwrap as the baseline for enforceable digital consent, say attorneys at Sheppard.

  • Class Actions At The Circuit Courts: June Lessons

    Author Photo

    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five recent rulings from cases involving allegations of internet data misuse, consumer fraud claims, immigration, insurance and First Amendment violation claims.

  • Fed. Circ. In May: Being Precise About 'About'

    Author Photo

    The Federal Circuit's decision in Enviro Tech v. Safe Foods last month illustrates the danger in attempting to expand claim scope with words of approximation, potentially causing claims to be invalid for lack of definiteness, say attorneys at Knobbe Martens.

  • Justices' FCC Fine Ruling May Weaken Agency Leverage

    Author Photo

    The U.S. Supreme Court's decision in Federal Communications Commission v. AT&T upheld the commission's forfeiture framework as consistent with Jarkesy, but it is also likely to reduce the effectiveness of the commission’s forfeiture proceedings as a collection and deterrence tool, say attorneys at Venable.

  • Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

    Author Photo

    An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

  • Google Antitrust Case Puts Spotlight On De Facto Exclusivity

    Author Photo

    Mozilla's recent amicus filing in U.S. v. Google arguing that its agreement to make Google the default search engine did not amount to de facto exclusivity highlights the growing debate over traditional indicators of exclusivity, with implications for any business that uses rebates, preferred contracts or volume incentives, says Chris Gowen at WilmU Farnan School of Law.

  • Justices' Montgomery Ruling Doesn't Expand Shipper Liability

    Author Photo

    Whether negligent hiring liability claims against shippers will increase after the U.S. Supreme Court's decision last month in Montgomery v. Caribe Transport II is anyone's guess, but the ruling itself will have no impact on shippers' actual liability in personal injury claims relating to trucking accidents, says Ronald Leibman at McCarter & English.

  • GHG Rescission Undermines State Climate Suit Preemption

    Author Photo

    As the U.S. Supreme Court considers the fate of state climate litigation in Suncor Energy Inc. v. Boulder County, it must confront the fact that the U.S. Environmental Protection Agency's rescission of its greenhouse gas endangerment finding has also removed the foundation for federal preemption of state climate suits, says attorney Gregg Goldfarb.

  • 3rd Circ. Decision Sheds Light On BIPA Bank Exemption

    Author Photo

    The Third Circuit's recent decision in McGoveran v. Amazon illuminates how courts are extending the Illinois Biometric Information Privacy Act's financial institution carveout beyond banks and insurers to technology vendors and other businesses handling biometric data, a defendant-friendly shift that still casts uncertainty around BIPA's enforcement, say attorneys at Dorsey & Whitney.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

    Author Photo

    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • Series

    Moshing Makes Me A Better Lawyer

    Author Photo

    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • High Court Ruling Casts Doubt On Status-Based Gun Bans

    Author Photo

    The U.S. Supreme Court’s recent ruling in U.S. v. Hemani demonstrates that the justices are increasingly skeptical of broad theories of categorical disarmament and clarifies that dangerousness cannot simply be presumed from one's status or membership in a statutory category, such as illegal drug use, says Lee Francis at Widener Law.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

    Author Photo

    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • Steps For Employers After 7th Circ. BIPA Retroactivity Ruling

    Author Photo

    The Seventh Circuit's recent ruling in Clay v. Union Pacific sharply limits per-scan statutory damages theories in pending Biometric Information Privacy Act cases by retroactively applying a 2024 amendment, but employers should not mistake the holding for a broad safe harbor, say attorneys at Thompson Coburn.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Appellate archive.