Appellate

  • September 04, 2026

    Ga. Appeals Court Upholds Defense Verdict In Crash Case

    The Georgia Court of Appeals will not grant a new trial to a married couple in their suit against a truck driver and his trucking company over injuries the wife sustained when a truck rear-ended her car, affirming a defense verdict in the case.

  • September 04, 2026

    Vertex Fertility Aid Plan Would Violate Kickback Law

    A D.C. Circuit panel said Friday that a proposed Vertex Pharmaceutical program that would offer gene therapy patients financial support for fertility services violates the Anti-Kickback Statute, finding the initiative could be an unlawful inducement to purchase a certain medical treatment.

  • September 04, 2026

    Fla. Panel Tosses Molestation Convictions Over Text Message

    A Florida appellate panel on Friday reversed a man's child molestation convictions, saying the trial court erred in admitting into evidence a text message from the defendant's wife describing her emotional reaction to the accusations.

  • September 04, 2026

    Injury Law Roundup: Meta's Social Media Addiction Deal

    A $17.1 billion social media addiction settlement between Meta and 29 states and Johnson & Johnson's $5.5 billion ovarian cancer deal over its talc products lead Law360's Injury Law Roundup.

  • September 04, 2026

    9th Circ. Restores Idaho Abortion Ban Enforcement, For Now

    The Ninth Circuit will allow Idaho to fully enforce its abortion ban while the state briefs its request for emergency relief from an order that blocked the ban's application in certain health-related circumstances and declared a fundamental right to some abortions under the U.S. Constitution.

  • September 04, 2026

    Ill. Panel Affirms BIPA Exemption For Home Care Provider

    An Illinois appellate court has refused to revive a biometric privacy lawsuit against home-care provider Help at Home, finding the company was exempt from a state privacy law's reach as a government contractor when it collected employees' fingerprints for a required background check.

  • September 04, 2026

    11th Circ. Rules Fla. Worker Immune From Inmate Injury Suit

    The Eleventh Circuit rejected a prisoner's suit against a St. Lucie County, Florida, employee over an injury the employee caused on a worksite, finding that there was no Eighth Amendment violation and the employee is entitled to qualified immunity.

  • September 04, 2026

    EPA Calls SD Tribe's Uranium Mine Challenge 'Flimsy'

    The U.S. Environmental Protection Agency has asked the Eighth Circuit to throw out a challenge by the Oglala Sioux Tribe and activist groups against EPA actions letting an energy technology company conduct uranium mining in the Black Hills of South Dakota.

  • September 04, 2026

    Wash. High Court Won't Review Dispensary License Fight

    The Washington Supreme Court has refused to hear an appeal from a cannabis company, ending the retailer's lawsuit claiming state regulators prevented it from opening a lucrative Seattle dispensary by failing to force a competitor's license to be forfeited due to not being fully operational.

  • September 04, 2026

    Judge Again Blocks USPS Mail Ballot Rule

    A Massachusetts federal judge late Friday again blocked the U.S. Postal Service from implementing a new rule that would allow it to refuse delivery of mailed ballots in this November's midterm elections.

  • September 04, 2026

    9th Circ. Won't Let Roblox Arbitrate Online Safety Suit

    The Ninth Circuit denied Roblox Corp.'s bid to compel arbitration in a suit by a man alleging his daughter was targeted on the platform by adult predators, saying its delay in seeking arbitration while it litigated the suit on the merits waived any right to arbitrate.

  • September 04, 2026

    Colo. Panel Says Obscenity Can Be Proved Without Viewing It

    A Colorado appeals court has upheld a woman's conviction for allowing her underage daughter to view obscene materials provided by the girl's father, finding that prosecutors in the state are not required to show the lurid materials directly to a jury to prove their case.

  • September 04, 2026

    Mo. Hotel Can't Undo $1M Dog Attack Default Judgment

    A Missouri appeals court affirmed a $1 million default judgment entered against a former hotel in a suit brought by a guest who was injured when he was attacked by another guest's dog, saying the hotel failed to establish good cause for setting aside the award.

  • September 04, 2026

    Full 2nd Circ. To Rehear Student's Speech Removal Case

    The en banc Second Circuit will rehear a panel decision holding that a Vermont federal judge lacked authority to order immigration officials to release Palestinian green-card holder Mohsen Mahdawi, who contends the Trump administration wants to deport him over his political speech.

  • September 04, 2026

    NC High Court Snapshot: TikTok, DuPont, NCAA Top Sept.

    North Carolina's highest court is returning from its summer hiatus with a stacked September lineup of cases for oral argument, starting with a name, image and likeness suit brought by members of N.C. State University's 1983 championship basketball team against the NCAA.

  • September 04, 2026

    Justices Let FCC's New Campaign Ad Rates Take Effect

    The U.S. Supreme Court on Friday cleared the way for the Federal Communications Commission to extend discounted television and radio advertising rates previously reserved for political candidates to political parties and joint fundraising committees that buy spots in coordination with candidates.

  • September 04, 2026

    Mich. High Court Won't Force Citizenship Measure Onto Ballot

    The Michigan Supreme Court has refused to order election officials to place on the November ballot a proposed constitutional amendment requiring proof of citizenship to vote, with some justices calling for changes in the state's rules for validating petition signatures.

  • September 04, 2026

    ERISA Recap: 5 Appellate Rulings To Know From August

    The Seventh Circuit kept an Arkansas pharmacy benefit manager rule in place as not preempted by federal benefits law, the Fourth Circuit revived an Altria ex-worker's dispute over benefit plan documents, and the Eleventh Circuit reversed a pretrial win for Royal Caribbean in cruise workers' suit challenging 401(k) funds. Here, Law360 looks at those and two other major appellate decisions from August involving ERISA that benefits attorneys may want to know.

  • September 04, 2026

    Hospital Group Wants To Weigh In On $32M Yale Death Verdict

    The Connecticut Hospital Association urged a state appeals court to let it weigh in on a challenge to a nearly $32 million judgment entered against a Yale University-affiliated hospital over a premature baby's death, arguing the case presents important issues surrounding wrongful death damages.

  • September 04, 2026

    Nebraska High Court Rejects Bid To Void Medical Cannabis

    The Nebraska Supreme Court on Friday rejected an effort by state officials to void medical marijuana legalization measures that were approved by supermajorities of state voters, saying the lower court was right to dismiss the challenge.

  • September 04, 2026

    4th Circ. Affirms $2.9M IRS Fine For Unreported Accounts

    The Fourth Circuit affirmed a $2.9 million fine Friday against a Hong Kong-based U.S. businessman, holding that he should have known there was a "grave risk" of inaccurate tax filings when he failed to disclose offshore accounts to the IRS.

  • September 04, 2026

    DC Panel's Rare Rebuke Over AI Errors Flags Rules Gap

    A D.C. appellate court panel issued a rare sua sponte sanctions order on Thursday after finding nonexistent case citations in a brief filed by a McCabe Weisberg & Conway LLC attorney representing Deutsche Bank National Trust Co. in a foreclosure action, noting an apparent gap in the rules governing the court's sanctions authority.

  • September 04, 2026

    Dems Ask Justices To Deny Stay In Campaign Ad Pricing Case

    A group of Democratic candidates have asked the U.S. Supreme Court to deny a stay of a Fourth Circuit order blocking the Federal Communications Commission from extending discounted television and radio advertising rates to committees that buy spots in coordination with political candidates.

  • September 04, 2026

    3rd Circ. Revives Malpractice Claim Against Kirkland Atty

    A New Jersey divorcee may once again pursue a legal malpractice claim against a Kirkland & Ellis LLP attorney who she said lost her millions by mishandling estate documents, after the Third Circuit found it could be possible to link her alleged damages to the lawyer's work.

  • September 04, 2026

    Fla. Judge Retires, Avoids Sanctions For Political Donations

    A judge in Orlando, Florida, stepped off the bench on Friday rather than face discipline for violating a judicial ethics rule by making nearly $30,000 in political donations.

Expert Analysis

  • Why Courts Are Pushing Back On Greenwashing Laws

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    Recent Fourth Circuit and California federal court decisions blocking state greenwashing statutes on First Amendment grounds reveal a tension at the heart of environmental marketing regulation — while states want clarity, courts aren't prepared to let legislatures flatly ban categories of truthful commercial speech, say attorneys at DLA Piper.

  • 11th Circ. Opioid Appeal May Shift Public Nuisance Coverage

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    The Eleventh Circuit's recent ruling certifying to the Florida and Georgia Supreme Courts the question of whether insurers must provide coverage against suits claiming policyholders improperly distributed opioids may ultimately result in a counterbalance to the Delaware line of cases denying coverage for government opioid suits, say attorneys at Pillsbury.

  • Series

    Teaching SEC Investigations Makes Me A Better Lawyer

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    Instructing a law school course on U.S. Securities and Exchange Commission investigations has made me a more thoughtful, deliberate practitioner because it requires me to continually reassess and challenge what I know about securities law enforcement, how I know it and how best to explain it, says David Chase at Miami Law.

  • Monsanto Ruling Bolsters Generic Drug Labeling Preemption

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    The U.S. Supreme Court's recent decision in Monsanto Co. v. Durnell concerns herbicide labeling regulated by the Federal Insecticide, Fungicide, and Rodenticide Act, but also carries weighty implications for preemption of state law labeling claims against drug manufacturers, say Terry Henry and Ann Querns at Blank Rome and Melanie Leney at Aurobindo Pharma.

  • Justices' Tax Sale Ruling Tees Up Auction Fairness Battles

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    The U.S. Supreme Court’s recent decision in Pung v. Isabella County, Michigan, that taxpayers are not entitled to fair market value of real property seized to satisfy a tax debt shifts attention to the fairness of state and local auction procedures, and whether taxpayers claiming surplus proceeds face unwarranted hurdles, say attorneys at Miller Canfield.

  • Why The 2nd Circ. Upheld Beneficial Ownership Blockers

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    The Second Circuit recently held that a properly drafted contractual blocker — which caps an investor's beneficial ownership below 10% and automatically voids any transaction that would breach the cap — shields the investor from Section 16(b) liability, demonstrating that blockers have teeth, say attorneys at Sheppard.

  • Patent Eligibility Reforms Keep Chasing The Wrong Fixes

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    Repeated efforts to create a consistent, predictable patent eligibility standard under Section 101 have centered on replacing judge-made exceptions with new statutory language, but the better fix is to align examination standards with how courts actually apply eligibility doctrine, says former Patent Trial and Appeal Board judge Amee Shah.

  • Opinion

    Qualified Immunity Bill's Reach Goes Beyond Federal Officers

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    The federal Qualified Immunity Abolition Act, introduced earlier this year and described by the bill sponsors as a federal-officer measure, would in actuality reach the entire universe of Section 1983 defendants, a distinction that matters as much to defense counsel as to plaintiffs, says attorney V. James DeSimone.

  • Where The Justices Aligned In Appellate Authority Ruling

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    The real story of the U.S. Supreme Court’s recent ruling in T.M. v. University of Maryland Medical System Corp., finding that a doctrine designed to curtail duplicative litigation prevents federal district courts from reviewing state court decisions, is in how the justices together revisited an obscure, century-old jurisdictional doctrine, says Alex Dimitrief at Zeughauser Group.

  • How High Court Pepsi Case Could Brew TM Strategy Shift

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    The U.S. Supreme Court's forthcoming decision in RiseandShine v. PepsiCo will determine whether a judge or jury decides trademark strength in infringement disputes, which could meaningfully change early-stage motion practice, discovery and what evidence is needed to prove a mark is strong, says Rachel Scobie at Merchant & Gould.

  • State Of Insurance: Q2 Notes From Pennsylvania

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    Todd Leon at Marshall Dennehey highlights notable second-quarter insurance developments in Pennsylvania, including federal court opinions providing guidance on first-party and third-party insurance coverage principles, and a pending bill seeking to regulate health insurers' use of artificial intelligence.

  • High Court, SEC Proposals Set Stage For Further Fund Reform

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    The U.S. Supreme Court's recent decision in FS Credit Opportunities v. Saba Capital Master Fund and the U.S. Securities and Exchange Commission's proposed rulemaking packages aimed at public market reforms provide a constructive backdrop for considering additional innovations to the listed fund structure, say attorneys at Debevoise.

  • Series

    Judges On AI: Examining Administrative, Organizational Uses

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    U.S. District Judge Alan Albright of the Western District of Texas examines how artificial intelligence could transform a court's ability to deal with administrative work and organize materials when preparing for hearings or drafting opinions, thereby affording judges more time to resolve contested issues.

  • Why 4th Circ.'s Clean Water Act Injunction Ruling Matters

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    The Fourth Circuit's ruling last month in West Virginia Rivers Coalition v. Chemours, holding that a Clean Water Act permit violation does not automatically create a presumption of irreparable harm that requires a preliminary injunction, avoided a dramatic change in CWA enforcement, say attorneys at Hunton.

  • USPTO-Fed. Circ. Split Complicates Machine Learning Patents

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    The wide chasm between the USPTO's and the Federal Circuit's approach to eligibility for machine learning patents means that patent drafters must avoid functional claiming and specifications if they hope to avoid invalidation of a machine learning patent at the appellate court, says attorney Michael Kiklis.

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