Appellate

  • June 29, 2026

    Sotomayor Says 7th Circ. 'Clearly Wrong' In Immunity Ruling

    The U.S. Supreme Court on Monday refused to take up a case over whether qualified immunity was correctly granted to two Wisconsin prison guards who left a naked man in an often freezing cold cell for 23 hours, drawing a dissent from Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson.

  • June 29, 2026

    2nd Circ. Revives Penalty Collection Fight In $380M Tax Case

    The Second Circuit revived penalty collection challenges Monday by six companies found to owe $380 million to the IRS from participating in a tax scheme, saying an appeals officer's failure to verify that fines had been approved by a supervisor invalidated the collection process.

  • June 29, 2026

    Gaiman Assault Suit Belongs In New Zealand, 7th Circ. Says

    A Seventh Circuit panel on Monday affirmed the dismissal of a former nanny's suit accusing "Sandman" author Neil Gaiman of sexually assaulting her while in New Zealand, finding the dispute should be heard in that country rather than Wisconsin where he currently lives as a lawful permanent resident.

  • June 29, 2026

    Insulin Makers Can't Nix 340B Antitrust Claims On Remand

    A New York federal judge trimmed proposed class action claims by providers alleging Sanofi-Aventis and other drugmakers colluded to deny them discounts on insulin products under the 340B program, allowing most of their state-law antitrust claims to survive but dismissing their unjust enrichment claims.

  • June 29, 2026

    Fed. Circ. Asked To Rethink Axed $469M IP Feud Against Dish

    ClearPlay wants the full Federal Circuit to look at part of a panel decision that didn't reinstate a $469 million jury verdict against Dish Network LLC in a patent suit, saying the challenged portion of the decision deepens a conflict with U.S. Supreme Court precedent.

  • June 29, 2026

    Colo. Justices Say Dad Missed Deadline In Fatal Crossing Suit

    The Colorado Supreme Court ruled Monday that a father cannot proceed with his lawsuit against a city and utility over his daughter's death after being struck by a car, finding that the one-year deadline to bring survival claims applies even when no legal representative was appointed before the victim's death.

  • June 29, 2026

    Fed. Circ. Declines WDTX Transfer Bid In Crypto Patent Case

    The Federal Circuit on Monday refused to back cryptocurrency mining company Core Scientific Inc.'s bid to move a case accusing it of infringing cryptography patents to the Western District of Texas, rejecting Core's arguments that it had clearly shown a transfer was necessary and that a magistrate judge had committed legal errors in disagreeing.

  • June 29, 2026

    Board Reins In Asylum Credibility Findings Based On Candor

    The Board of Immigration Appeals ruled Monday that immigration judges can't find noncitizens credible solely based on their candidness about having previously lied to obtain immigration benefits.

  • June 29, 2026

    8th Circ. Backs Tossing Ark. Worker's Pharmacy Network Suit

    The Eighth Circuit on Monday turned down an employee health plan participant's bid to revive a proposed class action alleging CVS Caremark unjustly enriched itself by failing to comply with Arkansas laws on pharmacy network adequacy, holding a lower court didn't err in tossing the dispute.

  • June 29, 2026

    Former NJ AG Pushes To End Suit Over Tossed RICO Case

    Former New Jersey Attorney General Matt Platkin asserts that a lawsuit from a former CEO indicted in New Jersey's now-dismissed criminal racketeering case against South Jersey power broker George E. Norcross III squarely implicates the protections afforded to prosecutors.

  • June 29, 2026

    Justices Asked To Revive Fight Over Texas Sacred Site

    Two members of a Native American church are asking the Supreme Court to reverse a Fifth Circuit decision that said the city of San Antonio's plans for a park expansion did not substantially burden their religious rights, arguing that the appellate court "joined the wrong side of two existing circuit splits."

  • June 29, 2026

    Justice Jackson Tops High Court Book Earnings In 2025

    U.S. Supreme Court Justice Ketanji Brown Jackson made nearly $1.2 million in book royalties last year, bringing her total to $4.14 million and making her the most highly compensated author on the high court, according to financial disclosure forms released Monday.

  • June 29, 2026

    Mich. Justices Say Murder Trial Needed Manslaughter Option

    A split Michigan Supreme Court has ordered a new trial for a man convicted of murder for a stabbing that followed a bar fight, ruling the jury in the case should have been instructed on the lesser charge of voluntary manslaughter.

  • June 29, 2026

    3rd Circ. Won't Hear Appeal In Fatal Osprey Crash Suit

    The Third Circuit on Monday denied a petition from the families of eight U.S. service members killed in a V-22 Osprey crash in November 2023 who sought to appeal the dismissal of their state court claims against The Boeing Co., Bell Textron Inc. and Universal Stainless & Alloy Products Inc. over the crash.

  • June 29, 2026

    Tax Attys Cite Justices' Venue Ruling In Seeking 4th Circ. Redo

    A father-daughter attorney duo is asking the full Fourth Circuit to rethink their convictions in a $22 million tax avoidance scheme, arguing a U.S. Supreme Court decision that came down just two days after a panel affirmed their guilty verdicts supports their argument that prosecutors pursued charges in the wrong state.

  • June 29, 2026

    NJ Panel Backs Wage Representative Suit Without Class Cert.

    A New Jersey appeals court ruled Monday that workers can pursue representative wage actions under state law without meeting the requirements for a formal class action, while partly scaling back the time period for which back wages can be sought.

  • June 29, 2026

    High Court Passes On Texas Ban On Paid 'Vote Harvesting'

    The U.S. Supreme Court on Monday declined to take up an appeal by voting rights advocates who claim a Texas law banning so-called vote harvesting violates the First Amendment.

  • June 29, 2026

    Fed. Circ. Says Vet's Atty Can't Get Fees Over New Hip Claim

    The Federal Circuit has rejected an attorney's bid to secure attorney fees following her client's long-running quest for disability benefits from the U.S. Department of Veterans Affairs, finding that a separate case commenced following his February 2021 hip surgery.

  • June 29, 2026

    Law Firm Must Face Lowenstein Sandler's Malpractice Suit

    A New Jersey state appellate panel gave Lowenstein Sandler LLP the green light to pursue a $750,000 malpractice suit against law firm Trif & Modugno LLC in a ruling Monday that Lowenstein Sandler did not miss the deadline to file a required affidavit.

  • June 29, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week handled disputes involving controlling stockholders, executive compensation, take-private transactions, books and records demands and board governance, while the Delaware Supreme Court issued decisions in two corporate records cases previously decided in the Chancery.

  • June 29, 2026

    Fla. Justices Want Judge To Be Fined Over Political Donations

    Florida's highest court has rejected a proposed public reprimand for a state court judge who donated nearly $30,000 through more than 900 total contributions to political organizations, finding the judge should also have to pay a fine.

  • June 29, 2026

    1st Circ. Won't Order Judge To Rule On 'Loyalty' Question

    The First Circuit declined a request by three federal worker unions to formally order a Massachusetts district judge to pick up the pace in ruling on their challenge to a Trump administration policy asking job applicants for their views on the president's agenda, something the plaintiffs are calling an unlawful "loyalty" question.

  • June 29, 2026

    Supreme Court To Review Wash. Youth Gender Care Law

    The U.S. Supreme Court will hear a challenge to Washington state's law permitting shelters not to notify the parents of runaway teens who seek gender-affirming treatment, reviving a lawsuit that a Ninth Circuit panel unanimously shot down after a district judge found the plaintiffs could only show speculative injury.

  • June 29, 2026

    Justices Deny Samsung's Bid To Toss Minn. Battery Suit

    The U.S. Supreme Court on Monday denied a petition from Samsung SDI Co. seeking to overturn a Minnesota appeals court ruling finding it must face a suit over an exploding vape pen battery.

  • June 29, 2026

    Justices Toss 3rd Circ. Pot Gun Ruling, Leave 5th Circ. Intact

    The U.S. Supreme Court on Monday disposed of two cases questioning whether a federal law barring users of marijuana from lawful gun ownership runs afoul of the Second Amendment, following the justices' recent ruling on a similar matter.

Expert Analysis

  • Opinion

    5th Circ.'s Abortion Pill Order Is Shaky On Multiple Grounds

    Author Photo

    The Fifth Circuit's recent order in Louisiana v. U.S. Food and Drug Administration, reinstating an in-person dispensing requirement for the abortion medication mifepristone, seems to turn federalism upside-down, and is also questionable for several other reasons, says Gregory Curtner at Curtner Law.

  • Series

    The Biz Court Digest: Georgia Court Has Business On Its Mind

    Author Photo

    Thanks to recent legislation, the Georgia State-wide Business Court will soon offer business litigants greater access to the court than ever before, further enhancing the court's emphasis on efficiency, predictability and accessibility for sophisticated commercial disputes, says former GSBC judge Walt Davis at Jones Day.

  • 5 Takeaways From Justices' Subpoena Fight Ruling

    Author Photo

    The U.S. Supreme Court's recent decision in First Choice v. Davenport fortifies a line of First Amendment associational privacy cases stretching back nearly 70 years, and ensures that organizations subject to government demands for donor information have a meaningful federal forum in which to defend their constitutional rights, say attorneys at DLA Piper.

  • Where The Preemption Fight Over Prediction Markets Stands

    Author Photo

    While the Third Circuit's recent ruling in Kalshi v. Flaherty remains a significant win for the federal government in its quest to regulate prediction markets, the Fourth, Sixth and Ninth Circuits appear more skeptical, indicating that this fight is likely headed for the Supreme Court, says Johnny ElHachem at Holland & Knight.

  • Md. Justices' State Climate Tort Ban May Shape National Path

    Author Photo

    The Maryland Supreme Court’s recent ruling that federal law preempted state-level deceptive marketing tort claims brought by several municipalities could offer the U.S. Supreme Court a road map to use in the pending Suncor Energy v. Boulder County case to exclude states from the business of regulating global emissions, say attorneys at ArentFox Schiff.

  • 4 Emerging Approaches To AI Protective Order Language

    Author Photo

    Over the last year, at least five federal district courts have issued or analyzed specific protective order provisions restricting the use of generative artificial intelligence platforms with protected materials, establishing that proactive AI-specific provisions are now standard practice and demonstrating that no single model works for every case, says Joel Bush at Kilpatrick.

  • What Justices Are Focusing On In 'Skinny Label' Patent Case

    Author Photo

    Though Hikma v. Amarin appears to be a patent dispute that could reshape inducement doctrine in the pharmaceutical context, oral argument suggests the U.S. Supreme Court may treat this as primarily a pleading-stage dispute, with important unresolved questions lurking beneath the surface, says Shashank Upadhye at Upadhye Tang.

  • Employer Tips After 4th Circ. Rejects Trimmed Suit Deadlines

    Author Photo

    The Fourth Circuit's recent holding in Thomas v. EOTech that employers cannot use contractual provisions to shorten statutory filing periods for Title VII or Age Discrimination in Employment Act claims offers a warning for employers to review any such documents and reassess their litigation risk, say attorneys at Ogletree.

  • Binance Win Shows Constraints On Anti-Terrorism Act Claims

    Author Photo

    The Southern District of New York's recent ruling in Troell v. Binance illustrates that the Second Circuit's earlier decision in Ashley v. Deutsche Bank is holding weight with courts, and companies facing aiding and abetting risk should thus monitor evolving case law and assess exposure based on nexus allegations, say attorneys at Freshfields.

  • Understanding The Insider Trading Gap In Prediction Markets

    Author Photo

    While the first-ever insider trading indictment involving a prediction market — the recent prosecution of a service member involved in the capture of Nicolás Maduro — comprised extreme facts and straightforward legal theories, future cases will test the bounds of insider trading law, say attorneys at Baker McKenzie.

  • Heppner Ruling Left AI Privilege Risk For Lawyers Unresolved

    Author Photo

    While a New York federal judge’s recent ruling in U.S. v. Heppner resolved a privilege question surrounding client-side artificial intelligence use, it did not address how to mitigate the risks that can arise when confidential information enters the operative context of an AI system used by an attorney, says Jianfei Chen at Quarles & Brady​​​​​​​.

  • How 10 Years Of Case Law Have Shaped The DTSA

    Author Photo

    As the Defend Trade Secrets Act reaches its 10th anniversary, attorneys at Ropes & Gray examine recent DTSA case law and highlight key takeaways regarding pleading requirements, damages and risk factors.

  • The Ethics And Practicalities Of Representing AI Agents

    Author Photo

    With autonomous artificial intelligence agents now able to take action without explicit instructions from — or the awareness of — their human owners, the bar must confront whether existing frameworks like informed consent and client privilege will be sufficient on the day an AI agent calls seeking counsel, say attorneys at Morrison Cohen.

  • Notable Q1 Updates In Insurance Class Actions

    Author Photo

    Notable insurance class action decisions from the first quarter of the year included reminders about the statute of limitations as a key defense for claims relating to allegedly deficient forms, the importance of focus on the specific contract at issue and further guidance on the contours of Rule 23, says Kevin Zimmerman at BakerHostetler.

  • 9th Circ.'s Silence Prolongs Uncertainty On Cemex Framework

    Author Photo

    By affirming a bargaining order in Cemex Construction Materials v. National Labor Relations Board without opining on the NLRB’s 2023 expansion of its authority to issue such orders, the Ninth Circuit avoided direct conflict with the Sixth Circuit’s rejection of the same framework, prolonging uncertainty for employers facing union elections, say attorneys at Dinsmore & Shohl.

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.