Appellate

  • October 19, 2026

    Mass. Court Affirms Doctor's Partial Win Over Insurer

    A doctor whose career was cut short after losing the use of his feet is entitled to damages from Paul Revere Life Insurance Co. for breach of contract and unfair settlement practices under state law, but cannot revive other claims tossed by a judge or extend the statute of limitations, an intermediate appellate court said Monday.

  • October 19, 2026

    Puerto Rico Towns Say Climate Suit Deadline Creates 'Trap'

    Puerto Rico municipalities have told the First Circuit that a lower court dismissing as untimely their antitrust and racketeering lawsuit saying energy companies concealed the climate change dangers of fossil fuel products "presents a trap" for any such claims.

  • October 19, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week blocked Cloudflare Inc. from completing a restructuring meant to preserve its founders' voting control, while Tower Semiconductor Ltd. accused Intel Corp. of backing out of a semiconductor manufacturing agreement and social media company Triller Group Inc. challenged its removal from Nasdaq.

  • October 19, 2026

    NJ Panel Urged To Apply Bias Law To Commercial Tenants

    A clothing boutique owner urged a New Jersey appellate court Monday to revive her sexual harassment claim against her landlord, arguing that the state's discrimination law applies to commercial tenancies.

  • October 19, 2026

    Biz Groups Back Health System's Win In 401(k) Forfeiture Suit

    The U.S. Chamber of Commerce and an employee benefit administrator trade group backed a Louisiana healthcare system's win over a lawsuit challenging its use of forfeited 401(k) funds to cover employer contributions, telling the Fifth Circuit that federal regulations have greenlighted the practice for decades.

  • October 19, 2026

    Fed. Circ. Says Metadata Backs Valtrus In Google Search IPR

    The Federal Circuit on Monday rejected Google's efforts to renew its Patent Trial and Appeal Board challenge of a Valtrus Innovations Ltd. search engine patent, saying that Microsoft Word metadata could be used to prove that the invention predated an earlier application for another patent.

  • October 19, 2026

    DOJ Appeals New Trial Order In Ex-NFL Player's Fraud Case

    The U.S. Department of Justice said it's asking the Fifth Circuit to review a Texas federal judge's decision to grant a new trial for a former NFL player convicted in a $328 million Medicare billing scheme.

  • October 19, 2026

    6th Circ. Says Girlfriend Can Consent To Parole Phone Search

    The Sixth Circuit has ruled that a man convicted of a weapons felony cannot suppress evidence from a warrantless search of his phone, because his girlfriend gave the password to his parole officers and allowed them to review photos stored on the device.

  • October 19, 2026

    Amazon Union Pans Co.'s Case In 5th Circ. Election Challenge

    Amazon's challenge to the National Labor Relations Board's order to bargain with workers at a Staten Island warehouse relies on "extraordinarily strained readings of the board's decision" to reject its objections to an election the union won handily, the Teamsters told the Fifth Circuit.

  • October 19, 2026

    FCC Urged To Consider New Cellphone Radiation Studies

    An environmental group told the Federal Communications Commission it has an obligation to scrutinize existing science rather than lean on years-old conclusions as it examines the health effects of cellphone radiation.

  • October 19, 2026

    5th Circ. Says Texas Can Block China-Linked Energy Deal

    The Fifth Circuit has affirmed an order dismissing a suit from the subsidiary of a Chinese company over the blockage of its investment into Texas energy grid assets, finding that federal regulations don't preempt a state law blocking energy investments by China and other countries.

  • October 19, 2026

    9th Circ. Renews Coverage Suit Under Ariz. 'Fortuity' Test

    The Ninth Circuit has revived a landlord's suit seeking coverage for $2.7 million in water damage after the Arizona Supreme Court for the first time defined a "fortuitous loss" in an insurance policy in response to a certified question.

  • October 19, 2026

    Full Fed. Circ. Won't Revive Insulet's $59M Trade Secrets Win

    The Federal Circuit will not reinstate a jury's $59.4 million trade secret theft verdict against EOFlow Co. Ltd., rejecting insulin product developer Insulet Corp.'s request for rehearing of a panel decision overturning the award.

  • October 19, 2026

    Khalil Asks Justices To Review His Right To Habeas

    Former Columbia University student Mahmoud Khalil asked the U.S. Supreme Court on Monday to decide whether district courts have authority to hear constitutional challenges to immigration detention through habeas corpus petitions.

  • October 19, 2026

    What The Justices Won't Hear: A Roundup Of Cert Denials

    The U.S. Supreme Court declined to take up cases from Google, a U.S. Navy contractor, and other appellate hopefuls on Monday, according to an order list.

  • October 19, 2026

    Ga. High Court Won't Hear Oral Args In Judge's Ethics Case

    The Georgia Supreme Court has denied a request to hold oral arguments for a probate court judge facing ethics charges for delaying several cases.

  • October 19, 2026

    US Seeks High Court Argument Time In Arizona Voter ID Fight

    The federal government is asking the high court to allow it to argue in favor of the Republican National Committee's bid to reverse a Ninth Circuit decision over two Arizona voting laws, saying it has a substantial interest in federal voting laws and their proper interpretation.

  • October 19, 2026

    Supreme Court To Tackle Admissions Bias Circuit Split

    The U.S. Supreme Court said Monday that it will decide what type of evidence is needed to claim facially neutral admissions policies are racially discriminatory, after turning away two similar cases in the three years since the justices barred the use of affirmative action in higher education.

  • October 19, 2026

    4 Justices Sit Out Appeal, Leaving Copyright Ruling Intact

    The U.S. Supreme Court on Monday left intact a far-reaching Fifth Circuit ruling holding that U.S. copyright termination can recapture foreign rights conveyed in a worldwide grant, not by denying an appeal from major music publishers, but because four justices sat out and left the court without enough members to hear the case.

  • October 19, 2026

    Psilocybin Church Leader Asks 10th Circ. To Redo Ruling

    The founder of a Utah church that uses psilocybin in its practices is asking the Tenth Circuit for an en banc rehearing of a decision allowing officials to prosecute him and the church for drug use, saying the decision violates the First Amendment right to free exercise of religion.

  • October 19, 2026

    Justices Won't Test NLRB Firing Protections After Slaughter

    The U.S. Supreme Court on Monday turned away former National Labor Relations Board member Gwynne Wilcox's challenge to a split D.C. Circuit ruling allowing her firing, declining to ponder whether board members' job protections survived last term's decision in Trump v. Slaughter. 

  • October 19, 2026

    High Court To Mull Home Distilling Ban Following Circuit Split

    The U.S. Supreme Court on Monday agreed to take up a case on the federal tax code's ban on distilling whiskey at home after the Fifth Circuit found the ban unconstitutional but the Sixth Circuit upheld the ban.

  • October 19, 2026

    High Court Won't Settle Circuit Split Over Automatic Stays

    The U.S. Supreme Court on Monday refused to take up a petition asking it to resolve a circuit split over whether state-level proceedings should be automatically stayed during appeals of orders remanding cases from federal to state court.

  • October 19, 2026

    High Court Denies Review Of Navy Contract Termination Suit

    The U.S. Supreme Court on Monday declined to consider a federal contractor's dispute over the Navy's early termination of a fixed-price agreement due to staffing failures, after an appellate panel determined that the government had a right to cancel the contract for default.

  • October 19, 2026

    Justices Remand 3rd Circ. Arbitration Ruling

    The U.S. Supreme Court on Monday vacated and remanded a Third Circuit decision dismissing on jurisdictional grounds a bid by litigation funder Burford Capital to arbitrate a dispute relating to German antitrust litigation.

Expert Analysis

  • Appellate Vape Rulings May Expand State Regulation Powers

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

  • Mich. Ruling Gives Consumer Protection Law Its Teeth Back

    Author Photo

    The Michigan Supreme Court's recent decision in Attorney General v. Eli Lilly, overruling key holdings in two earlier cases, means that Michigan businesses can no longer defeat allegations of deceptive conduct under the state's consumer protection law simply by pointing to any governmental regulation of the business, say attorneys at DiCello Levitt.

  • Series

    Law School's Missed Lessons: Surviving A Long Trial

    Author Photo

    Most of law school trial advocacy is geared toward the sprint of trying a short case, but beyond managing a cross-examination or closing argument, effectively handling the marathon of a lengthy trial requires the ability to maintain composure, organization and credibility with the jury, says Mihir Elchuri at Hirschler.

  • A Deepening Patent-Trademark Divide Over Irreparable Harm

    Author Photo

    Recent Federal Circuit decisions, along with legislation being considered in Congress, may exacerbate the differences that patent owners and trademark owners face when seeking to stop infringement before irreparable harm is caused, say attorneys at BakerHostetler.

  • 7th Circ. Ruling May Reduce Litigation Risk For Text Marketers

    Author Photo

    The recent Seventh Circuit holding in Steidinger v. Blackstone Medical Services that unwanted marketing text messages are not telephone calls under the Telephone Consumer Protection Act may strengthen companies' responses to presuit demand letters and early-stage litigation claims premised on do-not-call text theories, say attorneys at Holland & Knight.

  • How Calif. Ruling Defines Drug Cos.' R&D Responsibilities

    Author Photo

    The California Supreme Court's recent ruling in the Gilead Tenofovir Cases, which held that drugmakers have no duty to bring allegedly safer alternatives to market more quickly, is a win for pharmaceutical companies — but not a grant of blanket immunity for all early-stage drug development decisions, say attorneys at King & Spalding.

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.