Appellate

  • July 23, 2026

    NCAA Appeals Ohio Judge's Block On Athletes' Eligibility

    The NCAA has appealed an Ohio state judge's decision that permitted 24 college basketball players to play in the upcoming season while they challenge the organization's eligibility restrictions.

  • July 22, 2026

    6 Copyright Cases To Watch In The Second Half Of 2026

    An appeal over whether an AI-powered legal research tool unlawfully used Westlaw material and a long-running fight involving a Miles Davis tattoo could produce some of 2026's most significant copyright rulings. Here is Law360's list of the most notable copyright cases to watch for the rest of the year.

  • July 22, 2026

    SoFi Stadium Owner Beats Suit Over Fan's Broken Hip

    A California appeals court has tossed a suit accusing the owner of SoFi Stadium and the Los Angeles Chargers of causing a season ticket holder's broken hip, saying the fan's ticket agreement contained an enforceable liability waiver.

  • July 22, 2026

    Mass. Justices Uphold Murder Conviction In Strangling

    Massachusetts' high court has upheld the first-degree murder conviction of a man who admitted to strangling the mother of his child, rejecting his claim that a judge erred in refusing to give jury instructions on a lesser manslaughter charge until after he testified at trial.

  • July 22, 2026

    US Marshals Can't Make Immigration Arrests In DC Court

    A D.C. federal judge Wednesday refused to toss a lawsuit from a certified class of immigrants challenging immigration arrests by U.S. marshals in D.C. Superior Court, declaring that the marshals lack authority and necessary training for the arrests.

  • July 22, 2026

    Arbitration Scholars Say 5th Circ. Botched Insurance Decision

    A group of international arbitration scholars are pressing the U.S. Supreme Court to rule that federal law determines whether a nonsignatory to an international arbitration agreement can force arbitration of a dispute, saying a Fifth Circuit decision erroneously applied state law and contributes to unpredictability.

  • July 22, 2026

    Ohio Justices Back Sparse Order Denying DNA Test

    A divided Ohio Supreme Court has ruled that a trial judge gave sufficient explanation when denying a murder defendant's request for postconviction DNA retesting, in a decision that clarifies how detailed judges must be when issuing written rulings in criminal cases.

  • July 22, 2026

    Ex-Pink Energy CEO Offers $575K To Exit Solar Fraud Case

    Plaintiffs in a fraud class action against a now-defunct solar energy company asked a Michigan federal judge on Wednesday to approve a settlement between the class and just one of the 10 defendants accused of ripping off home solar customers.

  • July 22, 2026

    9th Circ. Says BIA Rightly Nixed Father's Bid To Stay In US

    The Ninth Circuit ruled the Board of Immigration Appeals correctly denied an application from a father who said he had to stay in the U.S. to care for his children, finding Wednesday his son, who turned 21 during the pendency of his father's appeal, can't support his father's eligibility for removal cancellation.

  • July 22, 2026

    Split Fed. Circ. Won't Reinstate Injunction In Schedule A Feud

    A split Federal Circuit panel declined to reinstate an injunction against a group of retailers using Amazon and Temu to sell products that electronics company Shenzhen Jisu Technology Co. Ltd. claims infringe its design patent, disagreeing Wednesday with Shenzhen that a district judge had read an improper rule into the case.

  • July 22, 2026

    Midjourney Seeks To Narrow Disney AI Copyright Claims

    Artificial intelligence startup Midjourney has asked a California federal court to trim contributory infringement claims from a copyright lawsuit brought by Disney, Universal and Warner Bros., saying the claims fly in the face of a U.S. Supreme Court decision involving Cox Communications from earlier this year.

  • July 22, 2026

    10th Circ. Says Insurer Owed No Duty To Explain Policy

    The Tenth Circuit has affirmed an insurance company cannot be sued for bad faith over a woman's fatal liposuction surgery that resulted in a $60 million judgment, holding that under Utah law, an insurer is not obligated to explain a policy absent an ambiguity or evidence of fraud.

  • July 22, 2026

    11th Circ. Mulls Forcing Board To Testify In Book Ban Suit

    Members of a Florida school board on Wednesday told the Eleventh Circuit they shouldn't be forced to testify on their reasons for banning library books about people of color and the LGBTQ+ community, arguing their actions are protected by legislative privilege. 

  • July 22, 2026

    Exxon Convinces 5th Circ. To Scrap OSHA Mental Illness Reg

    The Fifth Circuit nixed an Occupational Safety and Health Administration rule requiring employers to keep track of employees' work-related mental illnesses, concluding that Congress didn't give the agency authority to regulate mental health in the workplace.

  • July 22, 2026

    3rd Circ. Revives Princeton Student's Sex Bias Discipline Suit

    The Third Circuit has revived a Princeton University student's suit challenging the university's decision to suspend him for two years after a Title IX investigation into allegations that he choked two female students, ruling that he was able to plausibly allege that gender motivated Princeton's decision.

  • July 22, 2026

    Mass. Court Affirms License Loss In Lotto Ticket Scheme

    An intermediate appellate court in Massachusetts on Wednesday affirmed the permanent revocation of lottery sales licenses for two convenience store owners who allegedly played significant roles in a scheme to buy winning lottery tickets from customers seeking to avoid taxes or other obligations.

  • July 22, 2026

    Boston Scientific Settles With Stryker In Spine Device IP Fight

    Boston Scientific and Stryker Corp. have reached a settlement to resolve a case in New Jersey federal court over Stryker's alleged efforts to create a back pain device that infringed a Boston Scientific patent.

  • July 22, 2026

    Safety-Net Clinics Defend Insulin Suit Revival To Justices

    Safety-net healthcare providers urged the U.S. Supreme Court not to take on the revival of their proposed antitrust class action against Sanofi-Aventis, Eli Lilly, Novo Nordisk and AstraZeneca, arguing Wednesday that the Second Circuit's decision was based on neither mere trade group lobbying nor any kind of overcharge.

  • July 22, 2026

    MillerKnoll Wins $172K Fees After Beating Bubble Lamp IP Suit

    A Michigan federal judge on Wednesday awarded MillerKnoll $172,000 in attorney fees after it defeated intellectual property claims brought by the heirs of modernist furniture designer George Nelson over his iconic bubble lamps, in a case with purportedly tens of millions of dollars at stake.

  • July 22, 2026

    Retired Judges Rip Bid To Ban Foreign-Born Federal Judges

    A group of 58 retired federal judges, appointed by presidents of both parties, on Wednesday came out strongly against recent proposals from Republican lawmakers that would require federal judges to be natural-born U.S. citizens and relinquish any citizenship that is not of the United States.

  • July 22, 2026

    Fed. Circ. Panel Stands By Invalidated Spinal Fusion IP

    The Federal Circuit on Wednesday said it won't rethink a panel's decision invalidating patent claims covering parts used to make expandable implant devices in spinal fusion surgeries that were the basis of a $9.5 million jury verdict against Life Spine Inc.

  • July 22, 2026

    Pa. Justices Say Resisting Arrest Case Lacked Valid Warrant

    The Supreme Court of Pennsylvania has held that convicting someone for resisting arrest when officers are trying to follow a warrant requires proof the underlying warrant was valid — vacating the conviction of a man arrested after a police database and dispatcher said he had bench warrants in his name.

  • July 22, 2026

    Mich. Gets Judge With Blue Slips In 1st For Trump Admin

    The U.S. Senate voted 62-36 on Wednesday to confirm Michael Martin, a longtime federal prosecutor, to the Eastern District of Michigan and Benjamin Flowers, former solicitor general of Ohio, to the Sixth Circuit.

  • July 22, 2026

    5th Circ. Stays Lower Orders In 90-Day Bond Hearing Review

    The Fifth Circuit granted the Trump administration's request to pause several habeas judgments while the court reconsiders whether the federal government has the authority to detain noncitizens for more than 90 days without providing a bond hearing.

  • July 22, 2026

    Trump's Expiring Global Tariff Is Valid, US Tells Fed. Circ.

    President Donald Trump's temporary global tariff is lawfully authorized under a statute allowing the executive branch to address serious balance-of-payment deficits, a term that can easily be construed to include the economic conditions referenced in the implementing order, the government told the Federal Circuit.

Expert Analysis

  • Patent Ruling Highlights Risks Of Late Inventorship Fixes

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    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'

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    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

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    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

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    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

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    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

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    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.

  • Series

    Cow Horse Makes Me A Better Lawyer

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    Moving an unwilling 800-pound cow while riding a horse at high speed is exhilarating, a little unhinged and, at least for me, a surprisingly effective training ground for litigation — both demand focus, preparation over rigid planning and the willingness to act despite fear, says Ashley Zitrin at Glenn Agre.

  • Fla. Driver Ruling Shows Renewed Focus On Privacy Standing

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    A Florida federal court's recent dismissal of a class action alleging that private driving records had been improperly used in violation of the Driver's Privacy Protection Act suggests that companies defending against privacy class actions in Florida may reconsider Article III challenges at the dismissal stage, say attorneys at Sidley.

  • Vax Ruling Offers Employer Tips For Handling Political Speech

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    A California appeals court's recent decision in Rademacher v. ABC, rejecting a "General Hospital" actor's suit alleging he was terminated for opposing a vaccine policy, demonstrates the importance of the employer's process, including neutral policies, documentation, and evidence of who knew what and when, say attorneys at Krevolin Horst.

  • O Brother, Where Art DAO? Jurisdiction Issues Abound

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    While there is a dearth of decisions examining a decentralized autonomous organization's citizenship for diversity jurisdiction purposes, Second Circuit case law has defined citizenship for other unincorporated entities, which may guide how courts evaluate an increasing number of cases involving DAOs, says Michael Mix at Morrison Cohen.

  • Protecting AI-Driven Innovation In Life Sciences IP

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    Recent developments, including the U.S. Patent and Trademark Office's evolving inventorship standards, and the impact of artificial intelligence on the "person of ordinary skill in the art" standard demand that life sciences companies elevate AI patent strategy to a top priority, says Sandra Haberny at Quinn Emanuel.

  • 2nd Circ. Ruling Notably Limits Sentencing Courts' Discretion

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    The Second Circuit’s recent decision in U.S. v. Dralle clarifies the bounds of sentencing courts’ ability to consider uncharged or co-defendant conduct without tying it to statutory sentencing factors, and it may have broader implications for limiting loss attribution in white collar and other criminal cases, say attorneys at Lowenstein Sandler.

  • High Court's Hikma Decision Reshapes 'Skinny Label' Suits

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    The U.S. Supreme Court's decision in Hikma v. Amarin marks a significant victory for generic drug manufacturers, but rather than putting an end to so-called skinny label inducement claims, it narrows and refocuses them, say attorneys at Sterne Kessler.

  • Opinion

    At High Court, Oil Cos.' Suncor Preemption Claims Fall Short

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    In Suncor Energy v. Boulder County, pending before the U.S. Supreme Court, oil and gas companies argue that municipalities' climate deception claims are equivalent to emissions standards for their industry — but the suit is ultimately incapable of imposing such standards, say Thomas McGarity at the University of Texas School of Law and James Goodwin at the Center for Progressive Reform.

  • 3 Disgorgement Questions Linger After Justices' SEC Ruling

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    While the U.S. Supreme Court’s recent decision in Sripetch v. U.S. Securities and Exchange Commission avoided placing new limits on the SEC’s disgorgement powers, it passed over several questions, including whether the commission can seek disgorgement when returning the money to investors isn't possible, says David Slovick at Kopecky Schumacher.

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