Appellate

  • July 16, 2026

    2nd Circ. Shields Switzerland From Credit Suisse Bond Suit

    In a published opinion Thursday, the Second Circuit affirmed the dismissal of a $372 million bondholder suit against Switzerland over the 2023 collapse of Credit Suisse AG and the reduction in value of $17.3 billion of debt securities, agreeing with a New York judge that the country is immune from being sued in U.S. district court.

  • July 16, 2026

    Pa. Appeals Panel Reinstates Union's FMLA Arbitration Win

    A Pennsylvania appeals panel on Thursday said a lower court was wrong to scrap an arbitrator's conclusion that a school district violated a collective bargaining agreement by forcing a teacher recovering from surgery to use leave guaranteed by federal law to cover her absence.

  • July 16, 2026

    8th Circ. Rejects Rehearing Bid Over Spotty Murder Video

    The Eighth Circuit won't rethink an order that upheld the sentences of a mother and son convicted of the murder of a man on the Cheyenne River Sioux Indian Reservation, after the pair argued that footage of the incident shouldn't have been admitted because of gaps in the recording.

  • July 16, 2026

    Blue-Slip-Backed Trump Judge Selections Advance

    The first two judicial nominations of the second Trump administration to receive supportive blue slips from Democratic senators advanced to the Senate floor Thursday.

  • July 16, 2026

    Nonprofits Back Ex-Defender's High Court Sex Bias Petition

    The Georgia Association for Women Lawyers and the Legal Accountability Project have asked the U.S. Supreme Court for permission to file an amicus curiae brief in support of Caryn Devins Strickland and her effort to get the high court to review her sex harassment case against the judiciary.

  • July 16, 2026

    Fed. Circ. Backs Canon PTAB Wins Over Inkjet Sensor Patents

    The Federal Circuit on Thursday upheld the Patent Trial and Appeal Board's decisions to invalidate all claims Canon had challenged in three Slingshot Printing patents covering chips and temperature sensors in inkjet printers.

  • July 16, 2026

    Immigration Board Clarifies Burden To Argue Bad Counsel

    The Board of Immigration Appeals has clarified the requirements to reopen removal proceedings due to ineffective counsel, saying a copy of a bar complaint and proof of its filing are needed, or an explanation as to why one wasn't filed.

  • July 16, 2026

    Aramark Asks Full 5th Circ. To Nix Aetna ERISA Arbitration Bid

    Food services company Aramark urged the full Fifth Circuit to deny Aetna's request to arbitrate allegations that it cost Aramark millions by bungling health benefits claims, arguing that the insurer is attempting to twist U.S. Supreme Court precedent to kick the case out of court.

  • July 16, 2026

    3 Sitting Judges Eye Montoya-Lewis' Wash. High Court Spot

    Since Washington Supreme Court Justice Raquel Montoya-Lewis announced in January she wouldn't seek a second term on the high court, three sitting judges have entered the race for her open seat: a Seattle state trial court judge, a member of Washington's Court of Appeals and a superior court judge in rural Mason County.

  • July 15, 2026

    Circuit-By-Circuit Guide To The US Supreme Court's Term

    Federal appeals courts had wide-ranging successes and struggles during the U.S. Supreme Court's recently completed term: One had its best showing in years following its worst showing in years; one felt déjà vu after recently starting to find favor with the justices; and one saw its reputation for independence occupy a rare role in the Supreme Court spotlight.

  • July 15, 2026

    Intel, Google Fight 'Free Rein' Given To USPTO Head

    Intel and Google have asked the U.S. Supreme Court to vacate a Federal Circuit ruling upholding the U.S. Patent and Trademark Office's precedent allowing Patent Trial and Appeal Board petitions to be denied based on related litigation, saying the ruling essentially gives the patent office director "free rein."

  • July 15, 2026

    Oil Giants Can't Move Chicago's Climate Suit, 7th Circ. Says

    The Seventh Circuit on Wednesday kept the city of Chicago's climate deception suit against BP, Shell and other oil giants in Illinois state court, saying the oil companies could not lean on their fuel production for the federal government to remove the case to federal court.

  • July 15, 2026

    Texas Appeals Court Flips $9M Misrepresentation Verdict

    A Texas appellate court reversed a $9 million verdict awarded to an energy engineering and construction company, saying the construction company failed to show economic harm beyond the loss of a contractual benefit and therefore its negligent misrepresentation claim was barred.

  • July 15, 2026

    Mich. Panel Backs No-Contact Order, Sets Constitutional Test

    A woman convicted of methamphetamine possession lost her appeal of a probation condition restricting contact with her husband after a Michigan appellate panel ruled the limitation was justified by her rehabilitation, while also establishing a new legal standard for reviewing probation conditions that affect constitutional rights. 

  • July 15, 2026

    NC's WakeMed Hit With $18.2M Verdict Over Birth Injury Claim

    A North Carolina hospital system was hit with an $18.2 million jury verdict over claims its doctor botched a delivery, causing a newborn to lose all ability to use his left arm for life.

  • July 15, 2026

    Acorda Can't Add $66M To Award In Ampyra Royalty Fight

    The Second Circuit on Wednesday refused to alter an arbitral award issued to Acorda Therapeutics to include nearly $66 million beyond the $16.6 million it won in a multiple sclerosis drug dispute, saying the company "slept on its rights" and couldn't change the result now.

  • July 15, 2026

    DOJ Asks DC Circ. To Stay USDA Grant Revival Order

    The Trump administration is asking the D.C. Circuit to pause a district judge's injunction ordering the U.S. Department of Agriculture to reinstate more than $100 million in land access program grants aimed at assisting "underserved" farmers, arguing that the case belongs in the Court of Federal Claims.

  • July 15, 2026

    10th Circ. Judge Urges Inmate Sex Consent Precedent Review

    A federal appeals court judge in the Tenth Circuit said that underlying case law in the circuit surrounding sexual relationships between incarcerated people and their jailers should be revisited, and that the circuit should stop assuming these relationships can be consensual.

  • July 15, 2026

    Mich. Panel Says Missed Fee Doesn't Bar Jury Trial

    The Michigan Court of Appeals said in a published opinion that a trial court should not have denied a jury trial in a civil case where, two years into proceedings, it was discovered that the plaintiff never paid the fee required by Michigan statute to have a jury trial.

  • July 15, 2026

    4th Circ. Rejects Golden Corral's COVID-19 Coverage Do-Over

    The Fourth Circuit on Wednesday declined to walk back a North Carolina federal judge's five-year-old decision denying Golden Corral insurance coverage for pandemic-era business interruption losses, finding a belated state Supreme Court victory for policyholders in another case doesn't merit a redo.

  • July 15, 2026

    2nd Circ. Revives NY Provider's BCBS Underpayment Suit

    The Second Circuit on Wednesday revived a New York healthcare provider's suit accusing out-of-state Blue Cross Blue Shield licensees of underpaying insurance claims, saying the carriers' long-standing business relationship with a New York licensee to obtain preferential prices in the state supports jurisdiction there.

  • July 15, 2026

    9th Circ. Revives PPP Fraud Suit Against Calif. Mortgage Co.

    The Ninth Circuit Wednesday revived whistleblower entity Relator LLC's lawsuit accusing a California mortgage lender and its founder of making false statements in a federal loan application, saying in a published opinion that information backing Relator's allegations was not already publicly available so as to bar its claims.

  • July 15, 2026

    Trump Swiftly Fires Court-Appointed Seattle US Atty

    Almost immediately after being sworn in as Seattle's new U.S. attorney Wednesday morning, former King County Superior Court judge and federal prosecutor Roger Rogoff was fired by President Donald Trump.

  • July 15, 2026

    CIT Judge Says Order Incoming For Next Tariff Refund Phase

    The U.S. Court of International Trade judge overseeing U.S. Customs and Border Protection's development of a duty refund system for tariffs struck down by the U.S. Supreme Court forecast new directions for the government as it prepares another phase of its tariff refund system, according to an order published Wednesday.

  • July 15, 2026

    Pa. Panel Backs Benefits For Giant Eagle Worker Hit By Car

    A Pittsburgh pharmacy technician can get workers' compensation after she was hit by a car during her 15-minute lunch break, since the break was limited enough to fall under the "personal comfort doctrine" in state law, a divided appellate court ruled Wednesday.

Expert Analysis

  • Justices' Obstruction Ruling Clears Venue-Challenge Path

    Author Photo

    While the U.S. Supreme Court’s recent ruling in Abouammo v. U.S. poses venue challenges for federal obstruction of justice prosecutions, it is a gift for defense counsel because it offers a clean, constitutional basis to challenge venue where a place of falsification and a place of investigation diverge, says Liz Aloi at MoFo.

  • Drawing A Line Between Settlement Pressure And Extortion

    Author Photo

    U.S. v. Luo, pending in the U.S. District Court for the Southern District of New York, may force courts to address anew when settlement negotiations become criminal extortion, particularly in the age of easily fabricated digital evidence, says attorney Denis Kiely.

  • Recent Cases Clarify When Risk Disclosures Trigger Liability

    Author Photo

    Several recent decisions highlight circumstances where risk disclosures can constitute actionable misrepresentations, providing clarity on how the Private Securities Litigation Reform Act's safe harbor and the common-law bespeaks caution doctrine apply to risk disclosures, and how publicly traded companies can guard against such claims, say attorneys at Katten.

  • Securities Class Cert., 5 Years After Goldman Ruling

    Author Photo

    The U.S. Supreme Court's 2021 decision in Goldman Sachs Group v. Arkansas Teacher Retirement System has not only armed defendants in securities cases with more arguments in individual class certification fights, but may also be providing greater certainty and finality in class certification battles, say attorneys at Skadden.

  • Opinion

    Md., Colo. Climate Rulings Point To Need For Federal Solution

    Author Photo

    As the U.S. Supreme Court prepares to review the Colorado Supreme Court's 2025 ruling in Boulder County v. Suncor U.S. Inc., which green-lit a state-level climate lawsuit, a recent conflicting ruling from the Maryland Supreme Court underscores why a uniform federal answer on climate litigation is needed now, says Phil Goldberg at Shook Hardy.

  • High Court's FCC Ruling Adds To Comms Industry Paradox

    Author Photo

    The Supreme Court's recent decision in Federal Communications Commission v. AT&T, finding that the FCC's informal forfeiture process survives Seventh Amendment scrutiny, opens some doors for regulated entities, but the practical effect may be surprisingly constrained, says Jonathan Marashlian at The CommLaw Group.

  • 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.

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.