Appellate

  • July 09, 2026

    Sandoz's Patent Loss Blocks Antitrust Suit, 4th Circ. Told

    Retired U.S. Circuit Judge Paul R. Michel is backing Amgen against Sandoz's Fourth Circuit appeal, arguing in an amicus brief that the final say over now-nixed allegations of blocked biosimilar competition to arthritis drug Enbrel came when Amgen successfully sued Sandoz for patent infringement.

  • July 09, 2026

    IRS Asks 7th Circ. To Rehear $300M Hyatt Perks Tax Dispute

    The IRS asked the Seventh Circuit to reconsider its decision to remand a dispute over $300 million in Hyatt Hotels' loyalty rewards program fund to the U.S. Tax Court for it to determine whether the money can be excluded from taxable income under what's known as the claim of right doctrine.

  • July 09, 2026

    5th Circ. Says Workers Needn't Mitigate Emotional Damages

    Employees who prevail on sexual harassment claims under federal law don't need to take steps to reduce their emotional distress damages, the Fifth Circuit ruled Thursday, affirming a jury's award of compensatory and punitive damages against a regional airline in a case of first impression for the circuit.

  • July 09, 2026

    Wash. Justices Nix Live-In Caregiver Wage Exemption

    Adult family homes in Washington cannot use a state minimum wage exemption to deny wage-and-hour protections to caregivers who live where they work, the Washington Supreme Court ruled Thursday, holding the carveout unconstitutional as applied to workers in what it deemed a dangerous job.

  • July 09, 2026

    Full 7th Circ. To Hear Fla. Gender Care Suit, Drawing Dissent

    The full Seventh Circuit will hear Florida Attorney General James Uthmeier's initial appeal of a lower court's injunction blocking his state court lawsuit targeting medical groups' policies on youth gender-affirming care, drawing a dissent Wednesday from four judges who say the unusual move bypasses standard appellate procedure.

  • July 09, 2026

    3rd Circ. Questions Standing In DuPont, Corteva Appeals

    The Third Circuit on Thursday wrestled with whether to overturn a judge's verdict against chemical companies Corteva and DuPont in a suit from pensioners who claimed they were misled about how a merger and spinoff would affect their retirement benefits, with judges questioning the standing of individuals leading the suit. 

  • July 09, 2026

    Fed. Circ. Affirms AstraZeneca Win Over $107.5M Verdict

    The Federal Circuit on Thursday upheld a lower court's invalidation of a pair of cancer drug patents that a jury found AstraZeneca infringed, turning back a Pfizer unit's attempt to revive a $107.5 million verdict.

  • July 09, 2026

    Fed. Circ. Hunts For Definition Of Heat-Resistant Brick

    A Federal Circuit panel pressed attorneys Thursday on how to define specialized heat-resistant bricks when compared to a similar product while considering a claim that the U.S. Court of International Trade essentially nullified duty orders on bricks by reinterpreting a previous appellate court decision.

  • July 09, 2026

    10th Circ. Won't Revive Bias Claims Against Kansas Judge

    A Kansas court clerk was unable to revive her gender discrimination suit against a state court judge after the Tenth Circuit on Thursday affirmed the lower court's decision to grant Kansas summary judgment on the woman's claims.

  • July 09, 2026

    Colo. Panel Says EFAA Covers Bartender's Retaliation Claim

    A Denver strip club can't arbitrate a former bartender's claim that she was fired for lodging a lawsuit alleging a supervisor sent her unwanted messages, with a Colorado appeals court ruling Thursday that federal law barring arbitration of sexual harassment allegations applied to her entire case.

  • July 09, 2026

    Fla. Justices Shield State Atty Candidate's Speech In Bar Case

    The Florida Supreme Court on Thursday declined to punish a Georgia lawyer accused of disparaging an opponent while running for a state attorney position, saying a Florida Bar rule invoked against him is unconstitutional because it imposed "content-based" restrictions on his speech. 

  • July 09, 2026

    4th Circ. Rebuffs Tax Attys' Request To Rethink Convictions

    The Fourth Circuit will not rethink its decision last month affirming the convictions of two St. Louis attorneys accused of engineering a $22 million tax avoidance scheme.

  • July 09, 2026

    Ex-Wis. Judge Appeals Conviction In ICE Obstruction Case

    A former Wisconsin state judge convicted of obstructing immigration authorities trying to arrest a defendant after he appeared in her courtroom lodged an appeal before the Seventh Circuit on Thursday, after avoiding a prison sentence but being fined $5,000.

  • July 08, 2026

    2nd Circ. Says Salvadoran Prison Conditions Were Overlooked

    The Second Circuit on Wednesday said an immigration judge failed to consider the possible abuse a man fighting deportation could face in El Salvadoran prisons because of inhumane conditions and human rights abuses.

  • July 08, 2026

    Conn. Justices Grant New Murder Trial Over Bad Jury Warning

    The Connecticut Supreme Court on Wednesday ruled that a man convicted of shooting his friend in the head inside an abandoned warehouse deserves a new trial because a needed jury instruction wasn't given in his original trial.

  • July 08, 2026

    9th Circ. Revives Whirlpool Dishwasher Warranty Class Action

    The Ninth Circuit has revived a Washington retiree's lawsuit accusing Whirlpool Corp. and an insurer of deceptively marketing a service plan as providing repairs or replacements for her dishwasher when the fine print allowed them to instead buy the appliance at a depreciated price, leaving her without enough money to replace it.

  • July 08, 2026

    5th Circ. Bars Appeal In Child Sex Abuse Material Case

    A man who pled guilty to transporting child sex abuse material and was sentenced to 20 years in prison cannot challenge his sentence or a $17,500 restitution order, since he waived his right to appeal, the Fifth Circuit said Tuesday.

  • July 08, 2026

    US To Pay Anchorage $180M To End 12-Year Port Upgrade Suit

    The federal government will pay $180 million to the city of Anchorage, Alaska, to settle the municipality's more than decade-old lawsuit accusing the U.S. Maritime Administration of breaching contractual agreements related to a failed Port of Alaska expansion and upgrade project, the parties have announced.

  • July 08, 2026

    Top Personal Injury, Med Mal News: 2026 Midyear Report

    A landmark social media addiction verdict and a U.S. Supreme Court decision overruling state law claims against Monsanto over the labeling of alleged Roundup cancer risks are among Law360's top personal injury and medical malpractice cases from the first six months of 2026.

  • July 08, 2026

    Top 5 Immigration Court Rulings Of 2026: Midyear Report

    President Donald Trump's immigration agenda has largely prevailed in federal courts so far this year, with one glaring exception: when the U.S. Supreme Court struck down his birthright citizenship executive order as unconstitutional. Here, Law360 examines five of the year's most significant decisions in immigration litigation so far.

  • July 08, 2026

    3rd Circ. Wonders If Pipeline Approval Passed CWA Muster

    The Third Circuit on Wednesday pressed New Jersey's environmental regulator to show that the revived Northeast Supply Enhancement pipeline plan complied with the Clean Water Act, considering it lacked details about how state water quality standards would be monitored.

  • July 08, 2026

    Split 3rd Circ. Revives UPMC Doc's Suit Over Anti-DEI Article

    The Third Circuit partly revived a University of Pittsburgh Medical Center cardiologist's lawsuit over the professional backlash he faced for publishing an article criticizing race-based "affirmative action" in choosing medical students, with the court majority calling his bosses' reaction a defamatory "hit job."

  • July 08, 2026

    9th Circ. Says Netflix Harassment Suit Belongs In Arbitration

    A former Netflix employee must arbitrate her lawsuit alleging the streaming giant fired her for raising concerns about its sexually charged office environment, with the Ninth Circuit ruling Wednesday that her dispute began before a law banning mandatory arbitration of sexual harassment claims took effect.

  • July 08, 2026

    Sam Smith Says Song IP Suit Fails Without Proof Of Access

    Pop singers Sam Smith and Normani and their record labels are seeking a favorable ruling in a suit claiming the 2019 song "Dancing With a Stranger" was copied from an older song with a similar name, saying that song's authors were unable to show how the defendants accessed it.

  • July 08, 2026

    Trump's $5M Loss Ordered To Be Paid Out To E. Jean Carroll

    It's time for President Donald Trump to pay a $5 million jury verdict finding he sexually abused writer E. Jean Carroll in a department store dressing room, a New York federal judge ruled on Wednesday, after the U.S. Supreme Court refused to take up the case.

Expert Analysis

  • After Durnell, Connecting Science And Causation Will Be Key

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    The U.S. Supreme Court's June 25 decision in Monsanto v. Durnell narrowed label-based failure-to-warn claims — meaning that going forward, viable theories will depend even more on whether experts can reliably connect scientific evidence to the causal proposition the law requires, says Alex Smolak at Weill Cornell Medicine-Qatar.

  • Series

    Choral Singing Makes Me A Better Lawyer

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    Singing in the New York City Bar Chorus — a hobby partly inspired by the late U.S. District Judge Richard Owen, who infused my clerkship year with opera music — has improved my legal career by refining my abilities to listen, exude confidence and develop emotional intelligence, says Bonnie Baker at Friedman Kaplan.

  • Attorney Mental Health Is An Ethical Obligation In The AI Era

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    As attorneys cope with the increasing unpredictability that artificial intelligence and constant policy changes have created, particularly in practice areas where they carry the emotional weight of clients’ most consequential life events, otherwise soft discussions about self-care are a matter of professional competence, says attorney Jack Jrada.

  • Tariff Refunds May Reshape Loan Covenant Calculations

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    Tariff refunds issued after the U.S. Supreme Court's Learning Resources decision may complicate borrowers' covenant calculations depending on accounting treatment, the timing of recognition, customer reimbursement obligations and credit agreement language, say attorneys at Mayer Brown.

  • The Case For Using Final-Offer Damages Forms In IP Suits

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    Recent Federal Circuit decisions, such as Ollnova v. Ecobee, that scrutinize verdict forms in patent infringement disputes potentially render the final-offer damages selection procedure more attractive, though it should not be seen as a replacement for patent damages doctrine, says Brandon Theiss at Addy Hart.

  • NY Defamation Carveout Hinges On Causation, Not Labels

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    A New York federal court's decisions in two cases involving tortious interference claims, and the recent Second Circuit ruling in Satanic Temple v. Newsweek Digital, highlight that the dispositive question for alleged defamation is whether injury flows through reputation or through direct interference with a relationship, says attorney Andrea Natale.

  • The Hidden Settlement Problem In Complex Securities Cases

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    The Second Circuit's recent decision in Knapp v. Barclays is a reminder that in securities cases with complex corporate records, the tracing picture is rarely as settled as the complaint suggests, and that conversations in the early stages require everyone to work from the same underlying facts, says Peter Kamminga at JAMS.

  • Key Tips For Patenting Antibody-Drug Conjugate Inventions

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    Recent decisions highlight the significant challenges that can arise when patenting antibody-drug conjugates, which require strategic considerations for satisfying heightened written description and enablement requirements, says Xiaoban Xin at FisherBroyles.

  • Series

    Power To The Paralegals: Burnout As A Structural Problem

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    Law firm leadership can best retain their paralegals not by encouraging self-care, but by seeking top-down structural solutions for the quiet proliferation of responsibilities and the vicarious exposure to client trauma that particularly drive burnout in this vital role, says Erika Sneeringer at Brockstedt Mandalas.

  • Managing Post-IEEPA Tariff Refunds, Replacements And Risks

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    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

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    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

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    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'

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    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

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    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

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    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.

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