Appellate

  • July 20, 2026

    4th Circ. Overturns Class Cert. In Boeing Investor Case

    The Fourth Circuit on Monday reversed class certification granted in an investor lawsuit against Boeing over the company's alleged concealment of safety issues with its 737 Max fleet, finding that neither the plaintiffs nor the lower court met the standards for certification set in a 2013 Supreme Court ruling.

  • July 20, 2026

    9th Circ. Says Age-Based Groups Are Immutable In Asylum Bid

    The Ninth Circuit Monday revived the asylum bid of a Mexican mother and her children who escaped masked men, saying an immigration appeals panel disobeyed its own precedent when rejecting an age-based social group she based her petition on.

  • July 20, 2026

    Scientist Seeks To Enforce Journalist's 2024 Contempt Order

    Yanping Chen, a scientist who accused an FBI agent of leaking her confidential immigration records to former Fox News correspondent Catherine Herridge, is asking a D.C. federal judge to finally enforce a yearsold contempt order against Herridge now that the appeals process has run its course.

  • July 20, 2026

    Denver Strip Club Says Officer's Suit Taints Labor Appeal

    A Denver strip club Friday asked a state court judge to prohibit a Denver Labor hearing officer from presiding over its appeal challenging $14 million in fines stemming from wage theft allegations, claiming the hearing officer is biased and didn't fully disclose her professional relationship with the Denver Labor director who hired her.

  • July 20, 2026

    7th Circ. Backs Printing Co. In $265M ESOP Sale Fight

    The Seventh Circuit won't revive a lawsuit claiming a printing company's directors and employee stock ownership plan trustee illegally undersold the business into private equity for $265 million, saying a lower court made no clear errors in throwing out the case.

  • July 20, 2026

    Mass. Panel Says Competing Atty Fee Awards Can't Be Offset

    Massachusetts' intermediate-level appeals court Monday determined that a housing court was wrong to offset attorney fees awarded to a landlord against fees granted to the tenant on the other side of a housing dispute, finding the awards should be entered as separate judgments to preserve the lawyers' rights.

  • July 20, 2026

    NJ Justices Call Land Swap An Abuse Of Eminent Domain

    The New Jersey Supreme Court ruled unanimously Monday that a municipality violated state law and constitutional limits when it condemned two privately owned parcels of land to trade them to a developer, holding that the town never intended to put the seized properties to public use.

  • July 20, 2026

    4th Circ. Remands Models' Image-Misuse Coverage Fight

    An insurance company's coverage dispute with a Virginia Beach restaurant accused by a group of models of misappropriating their images was sent back to the district court Monday by the Fourth Circuit to determine if the lawsuit became moot when the restaurant settled with the models.

  • July 20, 2026

    Vanda's NDA Rejection Challenge Can't Be Heard At DC Court

    A D.C. federal judge has said he no longer has jurisdiction to hear Vanda Pharmaceuticals Inc.'s challenge alleging the FDA violated the Appointments Clause by allowing a non-officer to exercise "signatory authority" and reject its new drug application for tradipitant, since Vanda went to the D.C. Circuit raising the same argument already.

  • July 20, 2026

    3rd Circ. Clears Supplier Of Safety 'Duty' In Fatal Explosion

    The Third Circuit ruled in a precedential opinion Monday that an industrial equipment supplier did not have a duty to provide safety training to civilian workers who were killed or injured by an explosion in a paint-mixing facility at an army depot.

  • July 20, 2026

    Wis. Village Can't Void Tribal Land Trust Order, 7th Circ. Told

    The U.S. Department of the Interior is asking the Seventh Circuit to reject a Wisconsin village's appeal that seeks to undo the agency's decision to place 500 acres into trust for the Oneida Nation, arguing that the municipality can't overcome Congress' power to regulate Indian affairs.

  • July 20, 2026

    Insurers Seek Clarity On Arbitration Estoppel Rules

    Another group of insurers is pressing the U.S. Supreme Court to resolve whether state or federal law applies when deciding whether a nonsignatory to an international arbitration agreement can force arbitration of a property damage coverage dispute, an issue they say is "of national and international importance."

  • July 20, 2026

    Grocery Chain To Shell Out $225K To Settle 401(k) Fee Suit

    A supermarket chain agreed to pay $225,000 to settle a proposed class action claiming the company allowed its 401(k) plan to be weighed down by excessive fees, according to a motion filed in New York federal court Monday.

  • July 20, 2026

    Ga. Appellate Court Affirms Contempt Order Against Atty

    The Georgia Court of Appeals affirmed a state court's decision to hold a Georgia attorney in contempt of court for a late appearance at a hearing for his client's criminal case, rejecting the attorney's claims that he wasn't given due process and was discriminated against because he's Black.

  • July 20, 2026

    Legal Center Tells 4th Circ. To Reject FCC Campaign Ad Rule

    The Campaign Legal Center has asked the Fourth Circuit to set aside recent FCC guidance on political ads, saying it violates the Communications Act of 1934.

  • July 20, 2026

    2nd Circ. Keeps Drug Sentence After Flee Attempt, Proffer Lies

    The Second Circuit upheld a 12-year sentence for a New York man convicted of drug trafficking, finding that the sentence was correct after he chartered a private jet to flee the country and lied to federal investigators about his involvement as part of a proffer agreement. 

  • July 20, 2026

    Ga. Gov. Names US Magistrate Judge To State Appellate Court

    Georgia Gov. Brian Kemp has appointed a U.S. magistrate judge for the Southern District of Georgia as a Georgia Court of Appeals judge, a move that came after the judge made the short list for a Georgia Supreme Court justice vacancy last year.

  • July 20, 2026

    Fed. Circ. Told Decision Clearing Sirius In Patent Case Flawed

    German research institute Fraunhofer-Gesellschaft has urged the Federal Circuit to revive its patent suit against SiriusXM, saying a lower court made various errors when deciding that the satellite radio giant relied on a delay in bringing the suit.

  • July 20, 2026

    2 More Whitmer Plot Convictions Reversed In Michigan

    Two men sentenced to prison for providing material support for terrorism and other crimes tied to the 2020 plot to kidnap Michigan Gov. Gretchen Whitmer had their convictions vacated Monday after a Michigan appellate panel ruled that a recent decision overturning a co-defendant's convictions required the same result.

  • July 20, 2026

    3rd Circ. Deems ADA Claims Untimely, Flags Misquotes

    A Pennsylvania hospital employee disclosed her diabetes too late and did not clearly ask for accommodation before she was fired for sleeping on the job, a Third Circuit panel ruled Monday, additionally sanctioning her attorney for filing a minor motion that possibly contained artificial intelligence hallucinations.

  • July 20, 2026

    7th Circ. Backs Arbitrator's Finding That Ill. Hotel Flouted CBA

    A Chicago hotel can't duck an arbitrator's finding that it needed to employ union workers while operating as a migrant shelter, a Seventh Circuit panel ruled, rejecting the hotel's argument that the arbitration award wasn't grounded in the terms of a collective bargaining agreement.

  • July 20, 2026

    CIT Judge Changes IEEPA Test Case But Retains Schedule

    The U.S. Court of International Trade has selected a new underlying case as the one to test the federal government's updates on its system for refunding duties charged under President Donald Trump's struck-down global tariff regime, though it otherwise kept in place certain reporting and hearing deadlines.

  • July 20, 2026

    4 Patent Cases To Watch In The Second Half Of 2026

    New limits on the ability to challenge patents tied to when they were issued, the invalidity standards for antibody patents and the test for design patent infringement are all at issue in cases patent attorneys will be monitoring for the rest of the year.

  • July 20, 2026

    AGs Say DOJ Suit Would 'Upend' Atty Discipline System

    Attorneys general in 20 states have raised alarms over the U.S. Department of Justice's "unprecedented effort" to halt a disciplinary case in D.C. against former federal prosecutor Jeffrey Clark, warning the Trump administration is trying to "upend a centuries-old system of attorney discipline" and put federal government lawyers beyond the reach of local disciplinary authorities.

  • July 20, 2026

    Microchip Co. Will Pay $13M To End Merger Severance Fight

    A microchip-maker will pay more than $13 million to settle a long-running class action alleging it illegally shut down a severance program following a 2016 merger, according to terms of the proposed deal filed in California federal court.

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.