Appellate

  • July 09, 2026

    Fla. Justices Back Toss Of Sham Publix Slip-And-Fall Suit

    The Florida Supreme Court on Thursday backed the dismissal of a woman's slip-and-fall complaint against Publix Supermarkets Inc., rejecting an appellate panel's use of a more stringent standard to determine if discretion was abused when tossing the lawsuit due to fraud on the court. 

  • July 09, 2026

    Photographers Group Rebuts Judiciary On Court Cameras

    The National Press Photographers Association pushed back on the federal judiciary's claims that allowing cameras in courtrooms would be problematic.

  • July 09, 2026

    Insurer Says Freight Cos. Blew Coverage Of $59M Judgment

    An insurer defending two freight companies as they appeal a $59 million personal injury judgment against them urged a New Jersey federal court to find they aren't owed any coverage because, the insurer alleged, they went behind the insurer's back by working with the injured motorist.

  • July 09, 2026

    Calif. Tribe Asks High Court To Revive Card Check Award Row

    A California Native American tribe has urged the U.S. Supreme Court to correct an arbitration award requiring it to follow the guidelines for union representation elections in its 2017 agreement with UNITE HERE, arguing that the award invalidated a tribal law that superseded the tribe's agreement with the union.

  • July 09, 2026

    NJ Justices OK Review Of Accuser's Mental Health Records

    A divided New Jersey Supreme Court ruled Thursday that a criminal defendant accused of sexually assaulting his niece made the rare showing required to obtain a judge's private review of the alleged victim's mental health records, finding a trial court properly applied the state's heightened discovery standard.

  • July 09, 2026

    Okla. Tax Officials Say McGirt Can't Upend Osage Ruling

    Oklahoma tax officials say the Osage Nation can't rely on a 2020 landmark U.S. Supreme Court ruling to overturn a decision that declined to vacate a 16-year-old determination that its reservation boundaries had been disestablished, telling the Tenth Circuit that the tribe's challenge is too late.

  • July 09, 2026

    5th Circ. Backs Cops In Texas Detainee Death Suit

    The Fifth Circuit has ruled that three police officers were correctly granted qualified immunity from a civil lawsuit alleging they were deliberately indifferent to a man in their custody who died as a result of a mistreated medical emergency.

  • July 09, 2026

    Colo. Panel Nixes Developer's $1.2M Atty Fee Award

    Colorado appellate judges held for the first time Thursday that a trial court's order denying a request for attorney fees is not final and appealable until the trial court resolves every party's fee request, siding with a property owners association's bid to reverse a developer's $1.26 million fee award.

  • July 09, 2026

    Supreme Court's Berk Med Mal Ruling Set For Test In Maine

    The U.S. Supreme Court's January ruling in Berk, which held that a federal plaintiff needn't follow Delaware's procedural rules for medical malpractice cases, is set for its first test in a Maine case in which healthcare provider defendants assert that the high court decision doesn't apply.

  • July 09, 2026

    Immigration Cases To Watch In The Second Half Of 2026

    After a series of blockbuster U.S. Supreme Court rulings greenlighting significant components of President Donald Trump's immigration agenda in the first half of the year, lower courts are poised to other test key policies, including the $100,000 H-1B visa fee, the administration's 75-country immigrant visa ban and the end of automatic extensions for expiring work permits.

  • July 09, 2026

    3rd Circ. Hints At Reviving $100M Verdict Against Caterpillar 

    The Third Circuit Thursday appeared skeptical of Caterpillar Inc.'s argument that a lower court's decision to vacate $100 million in damages awarded to a defunct equipment importer should stand, suggesting the heavy equipment maker's argument would foreclose new businesses from ever receiving lost profits.

  • 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.

Expert Analysis

  • 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.

  • Patent Ruling Highlights Risks Of Late Inventorship Fixes

    Author Photo

    The Federal Circuit's recent decision in Implicit v. Sonos demonstrates the risk of forfeiture with retroactive correction of inventorship in inter partes review proceedings, with a clear message to the patent community that potential inventorship issues should be considered at every stage of a patent's life cycle, say attorneys at BCLP.

  • Adjusting IPR Tactics As Google Fights 'Settled Expectations'

    Author Photo

    Google’s petition for the U.S. Supreme Court to scrutinize the Patent Trial and Appeal Board's so-called settled expectations practice underscores why accused infringers facing older asserted patents should treat discretionary denial as a case-dispositive risk from day one, says attorney Abdul Abdullahi.

  • 3 Misconceptions About Justices' FCC Fines Ruling

    Author Photo

    The U.S. Supreme Court's June 4 Federal Communications Commission v. AT&T decision rejecting AT&T’s and Verizon’s argument that the commission's forfeiture process violates the Seventh Amendment has yielded three common reactions that misunderstand the decision as a matter of law and how the FCC actually operates, says Samuel Feder at Jenner & Block.

  • SEC Disgorged Fund Distribution Is Next Query After Sripetch

    Author Photo

    Following the Supreme Court's Sripetch v. U.S. Securities and Exchange Commission decision, investor harm isn't required for the SEC to obtain a disgorgement award, but future cases must resolve whether the commission will be freed from a requirement to distribute disgorged funds to the victims of alleged misconduct, says Daniel Walfish at Katsky Korins.

  • If Upheld, Wash. Millionaire Tax Could Upend State Law

    Author Photo

    The Washington Supreme Court could open the door to broader income, rental and corporate taxes if it defies precedent and the historically established desires of voters by redefining the state constitution's concepts of “income” and “property” to uphold a new tax on wages over $1 million, says Richard Birmingham at Davis Wright.

  • Trump Admin's Agency Records Purge Tests Judicial Notice

    Author Photo

    While courts commonly take judicial notice of data in government websites and reports, the Trump administration's recent modification or wholesale deletion of these sources means that litigants must look elsewhere to support trial admission of this information, says Jon Gryskiewicz at Lewis Baach.

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.