Appellate

  • 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, 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.

  • July 10, 2026

    Fed. Circ. Won't Rethink Corcept Patent Loss In Teva Case

    Corcept Therapeutics Inc. lost its bid Friday to have the full Federal Circuit look at a panel's refusal to revive its suit accusing Teva Pharmaceuticals USA Inc. of patent infringement over its production of a generic version of the drug Korlym.

  • July 10, 2026

    4th Circ. Upholds Sentence Hike Despite 'Murky' WV Records

    The Fourth Circuit on Friday upheld a West Virginia man's 15-year prison term for illegal gun possession and witness tampering, rejecting his argument that his prior conviction for cultivating marijuana should not have counted as a sentence-lengthening "controlled substance offense."

  • July 10, 2026

    DOJ Defends Nurse Wage-Fixing Conviction At 9th Circ.

    The U.S. Department of Justice urged a Ninth Circuit panel to reject a Las Vegas home nursing executive's appeal of its first-ever criminal wage-fixing conviction, defending its trial characterization of a leniency deal with a cooperating company and the inclusion of the executive's statement likening nurses to prostitutes.

Expert Analysis

  • 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.

  • Becoming The Biz-Savvy GC That Portfolio Companies Need

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    Candidates for general counsel roles at private equity-backed portfolio companies should prioritize proving their sector-specific experience, commercial judgment and ease with uncertainty — and attorneys hoping to be candidates in five to 10 years should start working on those skills now, says Dimitri Mastrocola at Major Lindsey.

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