Appellate

  • July 23, 2026

    Red States Back DOT In DC Circ. Immigrant Driver Rule Fight

    Florida and 22 other GOP-leaning states have urged the D.C. Circuit to uphold the U.S. Department of Transportation's new restrictions on commercial drivers' licenses for foreign truckers, saying motorists and highways must be protected from threats posed by large commercial vehicles driven by unqualified truckers.

  • July 23, 2026

    2nd Circ. Revives Fired Benefit Fund Worker's ADA Suit

    The Second Circuit said Thursday that an ex-employee should get a second shot at his claim that a union benefit fund failed to accommodate his pulmonary embolism complications, stating the lower court needed to weigh disputes about whether his request to change service routes was reasonable.

  • July 23, 2026

    Squires To Review 2024 PTAB Ax That Followed Vidal Ruling

    U.S. Patent and Trademark Office Director John Squires on Thursday said he is going to review a 2-year-old Patent Trial and Appeal Board decision that found claims in an EagleView Technologies patent on measuring roofs to be invalid.

  • July 23, 2026

    CGL Cases To Watch In The 2nd Half Of 2026

    Heading into the back half of 2026, insurance attorneys can expect federal and state courts to interpret how general liability policy language applies to some of the industry's biggest emerging risks. Law360 Insurance Authority breaks down three CGL-related cases.

  • July 23, 2026

    Mich. Parent Tells 6th Circ. School Limited Her Free Speech

    Counsel for a Michigan parental rights advocate told a Sixth Circuit panel on Thursday that a cease and desist letter from a Lowell Area Schools administrator barring her from contacting teachers directly violated the parent's First Amendment rights, even though the letter provided a process for Stefanie Boone to communicate through administrators.

  • July 23, 2026

    Seagate Urges Justices Not To Review NHK Antitrust Case

    Seagate Technology LLC is urging the U.S. Supreme Court not to review a Ninth Circuit decision reviving portions of its price-fixing suit against NHK Spring Co. Ltd., arguing that NHK's petition mischaracterizes how the Ninth Circuit applied the Foreign Trade and Antitrust Improvements Act.

  • July 23, 2026

    Hawaii, Green Groups Fight EPA Rebuff Of Regional Haze Plan

    Hawaii and environmental groups asked the Ninth Circuit on Wednesday to overturn a U.S. Environmental Protection Agency decision to partially reject a plan the Aloha State submitted to improve air quality in national parks that would have retired some older power plants.

  • July 23, 2026

    Colo. Panel Clarifies Worker Retaliation Claim Requirements

    The Colorado Court of Appeals held for the first time Thursday that two Colorado statutes meant to close gender pay gaps do not require workers to allege gender discrimination, partially reviving a former human services caseworker's retaliation case against the county department she had worked for.

  • July 23, 2026

    Colo. Panel Clarifies Reach Of Insurer Responsibility Law

    The Colorado Insurance Code's reference to "unfair business practices" in a statute governing insurers' responsibility for the acts of their producers is not limited to various "unfair methods of competition" and "unfair or deceptive acts or practices," a state appeals court said in a matter of first impression Thursday.

  • July 23, 2026

    Mich. High Court Says Pot Smell Not Grounds For Car Search

    Police can't search a vehicle without a warrant based only on probable cause that someone committed a civil marijuana infraction, the Michigan Supreme Court ruled Wednesday, finding that the state's interest in enforcing a minor violation doesn't outweigh a driver's Fourth Amendment rights. 

  • July 23, 2026

    Mo. Panel Says Exclusion Bars Mallinckrodt Opioid Coverage

    A Missouri appellate court upheld a win for a group of insurers on their arguments that a "your products" policy exclusion applied to bar coverage of alleged damages from drugmaker Mallinckrodt's unbranded marketing of opioid products.

  • July 23, 2026

    Ga. Panel Says Closed Courtroom For Child Testimony OK

    The Georgia Court of Appeals has ruled that a man convicted of sex crimes was given a fair trial even though the courtroom was temporarily closed while his 12-year-old victim was allowed to testify because state law requires that the identity of juvenile witnesses be protected.

  • July 23, 2026

    Pa. AG Criticizes 'Inadequate' Felony Murder Sentence Bill

    Pennsylvania Attorney General Dave Sunday has urged lawmakers to reject a proposed new sentencing framework for people convicted of second-degree murder, calling a proposal amended Thursday too lenient even as a deadline set by the state's Supreme Court draws near.

  • July 23, 2026

    6th Circ. Challenges Exoneree's Fabricated Evidence Claim

    A Sixth Circuit panel on Thursday questioned whether a Michigan man who spent more than two decades in prison before his assault convictions were vacated had done enough to revive his civil rights suit accusing Detroit police officers of fabricating and withholding evidence during the investigation that led to his arrest.

  • July 23, 2026

    Third Murder Trial Not Double Jeopardy, 3rd Circ. Says

    The Third Circuit ruled on Thursday that a Pennsylvania man is not eligible for habeas corpus relief after he was made to face trial over the same murder three separate times, because a state court previously ruled he was correctly convicted and the retrials did not violate double jeopardy rules.

  • July 23, 2026

    11th Circ. Upholds Toss Of Cuban Cigar Trafficking Suit

    The Eleventh Circuit on Thursday upheld the dismissal of a lawsuit brought against British companies accused of trafficking cigars from a factory nationalized by the Cuban government, ruling that the lower court lacked jurisdiction. 

  • July 23, 2026

    Mass. Justices Say Health Board Can't Halt Verizon Tower

    A western Massachusetts city's health board lacked the power to order a Verizon cell tower to shut down due to health concerns, the state's highest court ruled Thursday.

  • July 23, 2026

    State High Courts Issue Top 2026 Specialty Insurance Rulings

    State high courts took the lead on specialty line insurance issues in the first half of 2026, including on cyber recovery disputes and the nuances of directors and officers coverage. Law360 has a midyear look.

  • July 23, 2026

    Chemours Tells 4th Circ. To Deny Refrigerant Antitrust Suit

    DuPont spinoff The Chemours Co. FC LLC urged the Fourth Circuit not to revive an antitrust suit from a refrigerant distributor alleging it was effectively denied access to a key refrigerant, arguing Wednesday that there's nothing monopolistic about refusing to sell "on the plaintiff's own preferred terms."

  • July 23, 2026

    Lack Of Jurisdiction Dooms $273M 'Rip And Replace' Suit

    The Court of Federal Claims has tossed a complaint from a telecom that says the Federal Communications Commission wrongly denied it $273 million in "rip and replace" funds for replacing Chinese-made equipment, saying that the company's dispute belongs in federal appeals court.

  • July 23, 2026

    Ex-Client Can't Revive Brach Eichler Malpractice Suit

    A New Jersey appellate panel on Thursday affirmed a lower court ruling granting summary judgment to Brach Eichler LLC in a suit accusing the firm of legal malpractice from its work in a long-running real estate dispute.

  • July 23, 2026

    Philly Judge Says Keller Postman Slowing Zantac Litigation

    A Pennsylvania state court judge has said Keller Postman LLC's "crusade" to remove him from presiding over several matters has ground to a halt the Zantac cancer mass tort in Philadelphia, leaving the plaintiffs' cases to "languish."

  • July 23, 2026

    7th Circ. Backs Chicago's Tenant Payout Ordinance

    The Seventh Circuit held Wednesday that a Chicago ordinance requiring owners of foreclosed rental buildings to pay tenants $10,600 to help with relocation costs is not an unconstitutional taking of property, saying that state and local authorities have broad power to regulate landlord-tenant relationships.

  • July 23, 2026

    Senate Confirms 2 Judges, Advances Ohio And Colo. Picks

    The Senate on Thursday voted 48-47 to confirm Judge Daniel Traynor of the District of North Dakota to the U.S. Court of Appeals for the Eighth Circuit and 49-44 to confirm Antonio M. Pozos, a partner at Faegre Drinker Biddle & Reath LLP, as a judge for the Eastern District of Pennsylvania.

  • July 23, 2026

    9th Circ. Urged To Keep Reddit Moderator Subpoenas Alive

    A YouTube creator's production company has pressed the Ninth Circuit to reject a bid by anonymous Reddit moderators to block subpoenas seeking their identities, arguing that a federal judge properly found the company presented sufficient evidence that they facilitated alleged copyright infringement by directing people to livestreamed "watch parties" of its content.

Expert Analysis

  • Series

    Founding An Autism Academy Made Me A Better Lawyer

    Author Photo

    Starting a nonprofit autism school with no building, no funding model and no guarantee that families would trust us taught me the importance of mission, patience and purpose — lessons that sharpened my practice and showed how meaningful work outside the office can make lawyers better, says Phillip Russell at Ogletree Deakins.

  • Why Private Sector Should Watch Gov't DEI Firing Class Bid

    Author Photo

    Former federal employees' class certification attempt in Fell v. Trump is worth following, as their challenge of the Office of Personnel Management's elimination of DEI positions raises questions about commonality in employee classes and protections for nonminority advocacy that reach beyond the public sector, says Shaun Southworth at Southworth PC.

  • When Do Murals Qualify For IP Protection?

    Author Photo

    Artist Robert Wyland recently sued FIFA for painting over his 1999 "Ocean Life" mural to make room for a World Cup promotion in Dallas, spotlighting questions over the extent to which copyright law and the Visual Artists Rights Act protect different types of art, say attorneys at Armstrong Teasdale.

  • How Justices' Habeas Ruling Limits Compassionate Release

    Author Photo

    The U.S. Supreme Court's recent holding in Fernandez v. U.S. that a federal prisoner who challenges their conviction's validity must do so through habeas, not compassionate release, considerably narrows the universe of arguments that can support a sentence reduction, says attorney Elizabeth Franklin-Best.

  • The Banking Issue Hiding In Justices' Freight Broker Ruling

    Author Photo

    While the U.S. Supreme Court’s recent liability preemption ruling in Montgomery v. Caribe Transport was front-page news for the transportation industry, the banking industry seems to have missed that the decision exposes freight broker lenders to credit, documentation and litigation issues, say attorneys at Barack Ferrazzano.

  • Insurance Ruling Extends NY Bad Faith To 3rd-Party Coverage

    Author Photo

    In Renergy v. Mt. Hawley Insurance, a New York federal court recently granted a policyholder leave to amend its complaint to clarify a bad faith claims handling cause of action, confirming, after nearly 20 years, that bad faith damages are available in the third-party liability context, say attorneys at Barnes & Thornburg.

  • Opinion

    Rule Of Law Requires Gov't Engagement With Bar, Not Retreat

    Author Photo

    A federal agency's absence from national and local bar conferences, most recently illustrated by the U.S. Department of Justice's withdrawal from a New York City Bar Association white collar conference, disserves the bar, the government lawyers themselves and, ultimately, the administration of justice, says Muhammad Faridi at Linklaters.

  • Fed. Circ. Clarifies Standard For Contesting CICA Overrides

    Author Photo

    The Federal Circuit's recent holding in Life Science Logistics strengthens the hand of protesters facing an override of the Competition in Contracting Act stay, and a Court of Federal Claims decision the same day demonstrates that how a protester frames its requested relief remains critically important, says Richard Arnholt at Bass Berry.

  • The Paradoxical Duty To Adopt AI When You Can't Bill For It

    Author Photo

    Both billing for hours saved using artificial intelligence and preserving billable time by not adopting AI may violate rules of professional conduct, but until bar associations' ethics rules catch up to this emerging economic dilemma, firms must decide how to adjust fee structures themselves, says Ines Lassalle at Peyrot & Associates.

  • 4 Emerging Limits Of Employer Mental Health Notice Defense

    Author Photo

    A California appeals court's recent decision in Husband v. Target, addressing when an employer knows about an employee's undisclosed disability, leaves open questions about how changes in mental health awareness and workforce monitoring tools may raise the bar for what employers can claim not to know, says Benjamin Heller at RFZ Law.

  • Raptors Ruling Shows Risks Of Calif. Enviro Suit Intervention

    Author Photo

    Intervention in California environmental litigation can allow businesses to help defend agency approvals, but after a state appeals court's recent ruling in Raptors Are the Solution v. CropLife America, it is clear that intervention also carries a price — and that courts will hold parties accountable for the full arc of their litigation conduct, says Thierry Montoya at FBT Gibbons.

  • A Decade Later, Escobar Is Still Shaping FCA Cases

    Author Photo

    The U.S. Supreme Court's decision 10 years ago in Universal Health Services v. U.S. ex rel. Escobar changed the way in which lower courts evaluate False Claims Act cases — and the ruling remains vital in nearly every FCA case filed today, say attorneys at Bradley Arant.

  • Sripetch May Prove To Be An Empty Victory For The SEC

    Author Photo

    The U.S. Supreme Court's recent decision in Sripetch v. U.S. Securities and Exchange Commission held that the SEC need not prove pecuniary harm for disgorgement, but if the commission must still identify victims and distribute funds in a compensatory way, it faces the same economic problem as before the ruling, says Erin Smith at Compass Lexecon.

  • 9th Circ. Cooler Ruling Chills 1st Mover Lanham Act Claims

    Author Photo

    The Ninth Circuit's recent decision in Vericool World v. Igloo Products that Vericool's claim of being first-to-market with an ecocooler was not actionable under the Lanham Act largely foreclosed false advertising litigation over first mover status, so potential plaintiffs should instead look to patent counseling or intellectual property strategy for these claims, say attorneys at Manatt.

  • Mapping 5 Fronts Of The Prediction Markets Regulatory Battle

    Author Photo

    The legal framework governing prediction markets is under simultaneous challenge in five independent areas, and the outcomes will determine not just who can operate prediction markets, but the compliance obligations of every participant in the ecosystem, says Ivor Wolk at Manatt.

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.