Appellate

  • October 22, 2026

    Zurich Gets 11th Circ. To Shrink Solar Co.'s Coverage Win

    Zurich American Insurance convinced the Eleventh Circuit on Thursday to narrow First Solar Electric LLC's $12.2 million jury win in a coverage dispute over rain damage, but the appeals court backed the bulk of damages awarded to the Georgia solar farm.

  • October 22, 2026

    FTC's Meador Questions 'Reliance' On Hovenkamp Treatise

    Federal Trade Commission member Mark Meador vouched Thursday for an "aggregation" theory of antitrust violations that can combine conduct that may not be anticompetitive individually, in a Houston speech that also took direct aim at a foundational academic treatise of modern competition law.

  • October 22, 2026

    NJ Panel Lets Nursing Home Arbitrate Resident Death Suit

    A New Jersey state appeals court on Thursday declined to disturb an order forcing a widow to arbitrate medical negligence and wrongful death claims against a nursing home, agreeing it didn't waive its right to arbitration by participating in litigation for over a year.

  • October 22, 2026

    Fla. Justices Say Presuit Notice Requirement Isn't Retroactive

    A Florida statute requiring policyholders to notify state regulators before filing suit against an insurer does not apply retroactively to policies purchased before the law went into effect, the Florida Supreme Court ruled Thursday.

  • October 22, 2026

    Tribe Says Low Crossings Undercut Border Wall Argument

    The Tohono O'odham Nation is renewing its push for the D.C. Circuit to do what a district judge refused and block border wall construction through its Arizona reservation pending the tribe's appeal, arguing that a brief pause in construction would pose little risk with border crossings at record lows.

  • October 22, 2026

    10x Genomics Ends Patent Fight Against Parse In Delaware

    10x Genomics has told a Delaware federal judge it will no longer pursue a patent case against Parse Biosciences Inc. over methods of analyzing genetic information, a move following the Federal Circuit's refusal to revive the remaining three patents-at-issue.

  • October 22, 2026

    NC Gov. Hauls Election Board Appointment Fight To Top Court

    North Carolina Gov. Josh Stein is taking a constitutional challenge over who has the authority to appoint members to the state and county election boards to the state's highest court, asking the justices to decide whether legislators lawfully transferred that power from his office to the state auditor.

  • October 22, 2026

    5th Circ. Orders New Look At IRS' Loss On FBAR Jury Rights

    A Texas federal court must revisit its 2025 ruling that the IRS violated a woman's jury-trial rights by imposing a $1 million civil penalty for failing to report foreign bank accounts, the Fifth Circuit said, ordering another review in light of a U.S. Supreme Court decision.

  • October 22, 2026

    Transpo Tracker: CH Robinson Verdict, Tesla Class Action

    In our latest Law360 Transportation Tracker, a Dallas County judge confirmed a blockbuster $604 million verdict against freight broker C.H. Robinson, while the Ninth Circuit dismantled a certified class action accusing Tesla of misleading consumers about its cars' self-driving capabilities.

  • October 22, 2026

    Hospital Tells DC Circ. Talks Tainted Nurses Union Election

    A hospital urged the D.C. Circuit to reverse a National Labor Relations Board decision affirming its obligation to bargain with the Oregon Nurses Association, saying the board misapplied precedent when it excused the union's campaigning immediately before a representation election.

  • October 22, 2026

    10th Circ. Revives Iranian Man's ICE Detention Challenge

    A split Tenth Circuit panel ruled that a district court erred in denying an Iranian national's habeas petition, holding that district courts have authority to review the legality of an immigrant's detention separately from any challenge to a final order of removal.

  • October 22, 2026

    Conn., Cook County, Ill., Defend AR-15 Bans At Supreme Court

    Officials in Cook County, Illinois, and Connecticut are urging the U.S. Supreme Court to uphold laws banning semiautomatic AR-15-style rifles, arguing that their laws are consistent with historical analogs restricting "unusually dangerous" weapons.

  • October 22, 2026

    Texas Judge Probe Shows Lack Of Mental Impairment Process

    Fifth Circuit officials have done a reasonable job of handling a rare situation involving a Texas federal judge who appears to be undergoing a mental health crisis, but the episode highlights that a more standardized way of dealing with federal judges experiencing mental impairment needs to be established, experts and scholars say.

  • October 22, 2026

    Driving Boat To Oilfield Isn't Maritime Work, 5th Circ. Says

    Using a boat to transport workers to oil platforms off the Louisiana coast does not make a labor supplier and oil producer's services agreement a maritime contract with an enforceable indemnity provision, a Fifth Circuit panel said in finding the producer does not have to indemnify the supplier.

  • October 22, 2026

    California Jury Clears San Francisco In DA Worker's Bias Case

    A California jury on Oct. 22 ended a decadelong, precedent-setting race bias suit brought by a Black San Francisco prosecutor's office worker who claims that the city inadequately responded after a co-worker called her a racial slur, finding that there was no racial harassment or retaliation.

  • October 22, 2026

    Fed. Circ. Won't Overrule Sending IP Cases From Va. To Ill.

    The Federal Circuit on Thursday said it won't send back to Virginia federal court a trio of suits accusing fleet vehicle telematics company Xirgo Technologies of infringing more than a dozen patents, keeping the cases in Illinois federal court.

  • October 22, 2026

    Idaho Tribes Tell Justices 1900 Law Bars Agribiz Land Swap

    The U.S. Supreme Court should reject an Idaho agribusiness's bid to reverse a decision that invalidated a land transfer over concerns of contamination from a planned fertilizer plant expansion, the Shoshone-Bannock Tribes said, arguing the federal government violated a century-old restriction on the ceded lands.

  • October 22, 2026

    6th Circ. Weighs Implications Of Ohio Pivot On Hemp

    A Sixth Circuit panel on Thursday appeared uncertain whether Ohio's recent policy shift to reclassify federally legal hemp products as marijuana discriminates against out-of-state operators.

  • October 21, 2026

    6th Circ.'s Sutton Floats Class Action Limits At Judiciary Panel

    An influential federal judge is proposing new restrictions on class actions that aim to broadly block government policies, judiciary advisers heard at a Wednesday gathering, which also explored transparency ideas affecting legal finance and hard-to-access court records in the red-hot realm of immigration litigation.

  • October 21, 2026

    Guo Trustee Says No Circuit Split Threatens $24M Yacht Win

    A Chapter 11 trustee urged the U.S. Supreme Court on Wednesday to reject a bid by Chinese exile Miles Guo's daughter to undo rulings placing $24 million in yacht sale proceeds plus a $37 million escrow into the bankruptcy estate, disputing allegations that a circuit split warrants the justices' attention.

  • October 21, 2026

    3rd Circ. Questions Claims Of Bias In $6B Citgo Sale

    A Third Circuit panel appeared skeptical during more than two hours of oral arguments on Wednesday that an order greenlighting the nearly $6 billion sale of Citgo to satisfy billions of dollars of Venezuelan debt should be overturned because of the appearance of bias.

  • October 21, 2026

    Fla. Court Rejects Donor-Conceived Child's Homestead Claim

    A Florida appeals court ruled Wednesday in favor of the estate of a prominent heart surgeon, finding the child conceived through a sperm donor arrangement is not entitled to a multimillion-dollar beachfront property he owned.

  • October 21, 2026

    DHS Seeks High Court OK To Restart Big Bend Wall Project

    The U.S. Department of Homeland Security asked the U.S. Supreme Court on Wednesday to let the agency restart construction of the Big Bend border wall, saying the district court lacked jurisdiction to pause the project.

  • October 21, 2026

    Wrong Address Doesn't Invalidate Warrant, Mich. Court Says

    A Michigan state appellate court has ruled that a man's conviction on two counts of obstructing and resisting police is not moot just because the officers entered the man's home using an arrest warrant that had a different address.

  • October 21, 2026

    Deal Staves Off Trial In Snapchat Speed Filter Suit

    Snapchat's parent company and a Georgia man who alleged the app's speed filter feature contributed to a 2015 car wreck that left him seriously injured have reached a settlement, according to a court filing that came two weeks before their legal battle was slated for trial.

Expert Analysis

  • 3rd Circ. Hotel Ruling Flags Key Issues In Dynamic Pricing

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    The Third Circuit's recent decision in Cornish-Adebiyi v. Caesars Entertainment relies on allegations that competitors used nonpublic data to set real-time rates considered exorbitant, highlighting both the potential risks and substantial benefits of utilizing emerging technologies, say attorneys at Baker McKenzie.

  • 4th Circ. Class Cert. Ruling Offers Tips For Damages Experts

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    The Fourth Circuit's recent decision reversing class certification in litigation against Boeing raises the cost of a bare-bones damages model proposal for plaintiffs, but it also clarifies what a defensible proposal should contain, say Alok Khare and Erica Rose at FTI Consulting.

  • Opinion

    'Plain Meaning' Requires Plainer Meaning In IP Litigation

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    The Federal Circuit's recent decision in Socket Solutions v. Import Global highlights the frequent ambiguity surrounding courts' references to "plain meaning" in patent claim construction — an ambiguity that should be resolved by courts, not litigants, say attorneys at Klarquist Sparkman.

  • What To Know As Legal Duty To Consider AI Takes Shape

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    While the U.K. Jurisdiction Taskforce’s recent statement on liability for artificial intelligence harms is nonbinding for both U.K. and U.S. lawyers, it highlights the importance of being able to distinguish between the availability of a tool and a professional obligation to use it, say Jonny Frank and Michael Costa at StoneTurn.

  • Patent Ruling Shows Concrete Tech Solution Key To Eligibility

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    The Federal Circuit’s recent Ceiva Opco v. Amazon.com decision offers an important reminder that software-related inventions can remain patent eligible when they claim a concrete technological solution to a specific problem, says Irah Donner at Manatt.

  • Appellate Vape Rulings May Expand State Regulation Powers

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    Two recent federal appeals courts decisions rejecting Federal Food, Drug and Cosmetic Act preemption challenges to state electronic nicotine delivery systems directory laws signal an emerging appellate consensus that could significantly expand states' power to regulate vaping product sales where federal enforcement falls short, say attorneys at Troutman.

  • How Solar Fraud Case Affects Lender Oversight Of Dealers

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    The U.S. Supreme Court's refusal to review the Third Circuit's ruling in Migliore v. Sunlight Financial means that residential solar finance companies are protected from vicarious liability for deceptive acts by independent solar dealers — but lenders must still take steps to guard against dealer misconduct, says Rand Manasse at Green Lane Partners.

  • Fed. Circ. Rulings Emphasize Adjudicative Access And Review

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    Decisions from the Federal Circuit's 2026 docket indicate that the court is increasingly paying attention to whether tribunals possess authority to act, meaning practitioners will need to properly address procedural hurdles before they can argue the merits of a case, say attorneys at Reichman Jorgensen.

  • Amazon v. Perplexity Ruling Limits CFAA Reach Over AI Tools

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    The Ninth Circuit's recent decision in Amazon v. Perplexity provides important early guidance on how the Computer Fraud and Abuse Act applies to agentic artificial intelligence, and is the latest in a line of rulings in which courts have declined to stretch existing statutes to broadly regulate AI, say attorneys at Ropes & Gray.

  • 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.

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