Appellate

  • July 15, 2026

    Ex-Investor Urges Del. High Court To Revive Higher Damages

    The Delaware Supreme Court heard arguments Wednesday over whether the Delaware Chancery Court improperly limited evidence used to calculate a $6.9 million award to a former member of a Philadelphia-area EB-5 investment company, with each side accusing the other of misapplying Delaware law governing expert evidence and attorney fee awards.

  • July 15, 2026

    Texas Court Says $350M Claim Can't Include General Counsel

    The statewide Texas appeals court found that the former CEO of software company Reynolds and Reynolds cannot include the company's general counsel in a $350 million employment lawsuit, saying in a split opinion that the company's general counsel has immunity in this case.

  • July 15, 2026

    Title Co. Can't Keep Tax Refund, Wash. Panel Rules 2nd Time

    A Washington appeals panel handed a win again to the state Department of Revenue, reversing a lower court order that the department owed an $11 million tax refund to a title insurance and settlement services company.

  • July 15, 2026

    DC Circ. Says District Court Can't Decide USPS Policy Claim

    The D.C. Circuit reversed a 2020 summary judgment win for Democratic-led states and cities that required the Postal Service to increase services at its election mail processing centers in more than 20 districts across the country, so millions of ballots could be delivered before that year's general election.

  • July 15, 2026

    Fed. Circ. Won't Move Zoho Patent Suit From EDTX To WDTX

    The Federal Circuit on Wednesday denied a request from Indian technology company Zoho to send a patent infringement case related to private information exchange from the Eastern District of Texas to the Western District of Texas, rejecting its arguments that its U.S. subsidiary was based out west.

  • July 15, 2026

    Wash. Panel Says Prosecutor-Victim Doesn't DQ Colleagues

    A Washington appellate panel has held that a trial court judge erred in disqualifying a county prosecutor's office from handling charges against a driver who crashed into one of its attorneys during a police pursuit.

  • July 15, 2026

    Fed. Circ. Gives Pa. Biz A 2nd Go At $1.5M Tax Penalty Refund

    The Federal Circuit gave a Pennsylvania electrical contractor another chance to pursue a $1.53 million refund claim for penalties paid to the Internal Revenue Service after its owner pled guilty to criminal tax evasion, according to an opinion published Wednesday.

  • July 15, 2026

    What To Watch In Massachusetts In The 2nd Half Of 2026

    As midsummer approaches, Massachusetts attorneys are focused on much more than just the Red Sox winning streak and the fallout from the Jaylen Brown trade; from a headline-grabbing federal prosecution to the midterm elections to cases that could shape the state's noncompete laws, practitioners have plenty on their radar in the latter half of the year.

  • July 15, 2026

    GM Robotaxi 'Sign-In Wrap' Sends Injury Suit To Arbitration

    A California appeals court has sent a man's injury suit against General Motors' autonomous vehicle subsidiary to arbitration, saying the "sign-in wrap" agreement he assented to as a customer to Cruise LLC's service was sufficiently conspicuous and would give a reasonable consumer notice of the arbitration clause.

  • July 15, 2026

    Mich. Justices Toss Murder Confession Over Miranda Violation

    A murder suspect's statements to Detroit police can't be used at his upcoming trial because officers continued engaging with him after he requested a court-appointed attorney, the Michigan Supreme Court ruled Tuesday, holding that police violated his constitutional right to counsel. 

  • July 15, 2026

    Personal Injury & Med Mal Cases To Watch In 2nd Half Of 2026

    A trial in a suit brought by 29 states accusing Meta's Facebook and Instagram of causing young people to become addicted and a third bellwether trial in the Uber sexual assault multidistrict litigation are among the cases injury and malpractice attorneys will be following closely in the second half of 2026.

  • July 15, 2026

    The Biggest Copyright Rulings Of 2026: A Midyear Report

    The U.S. Supreme Court issued a major opinion that limited contributory copyright liability for internet service providers, while a major verdict in a Digital Millennium Copyright Act case could hint at what's to come in artificial intelligence litigation. Here are Law360's picks for the top copyright rulings for the first half of 2026.

  • July 15, 2026

    Successor's Appointment Was Late, Retired Fla. Judge Says

    A recently retired Florida state judge told the Florida Supreme Court that his challenge of Gov. Ron DeSantis' failure to appoint someone to succeed him is moot since the governor had filled the vacancy, but argued that the appointment had an illegal delay of 25 days.

  • July 15, 2026

    9th Circ. Won't Revive Flea, Tick Meds Suit Against Bayer

    A Ninth Circuit panel gave short shrift to Tevra Brand LLC's bid to revive an antitrust suit alleging Bayer HealthCare LLC used exclusive contracts to lock up the market for a flea and tick treatment for dogs and cats, preserving Bayer's jury win.

  • July 15, 2026

    Fed. Circ. Won't Reopen Challenges To Biometric Sensor IP

    Assa Abloy lost its bid to reinstate challenges to a pair of biometric sensor patents Wednesday when the Federal Circuit backed Patent Trial and Appeal Board decisions that the Swedish manufacturing company failed to show claims in the patents were invalid.

  • July 15, 2026

    Harwood Lloyd Must Face DQ Bid Over Hiring Ex-NJ Judge

    A New Jersey state appellate court on Wednesday revived a bid to disqualify Harwood Lloyd LLP from a probate matter based on how a retired judge awarded fees to a firm attorney before joining the firm himself.

  • July 15, 2026

    Biz, Benefits Groups Tell 4th Circ. To Nix 401(k) Forfeiture Suit

    A trio of business and benefits groups asked the Fourth Circuit to uphold the dismissal of a suit claiming Northrop Grumman improperly used forfeited 401(k) cash to fund its plan contributions, stating it would be "exceedingly odd" for the case to proceed against federal regulations allowing the practice.

  • July 15, 2026

    New Jersey Appellate Division To Get New Chief Judge

    New Jersey Appellate Division Judge Heidi Willis Currier will assume leadership of the division effective Sept. 1 upon the retirement of current Chief Judge Thomas Sumners, the judiciary announced Wednesday.

  • July 15, 2026

    New Conn. High Court Rules Put Filers On Hook For AI Errors

    The Connecticut Appellate and Supreme Courts have published new generative artificial intelligence rules which took immediate effect this week, outlining additional paths for sanctions as the justices weigh the fate of a landlord's attorney who admitted his filings contained ChatGPT-induced errors.

  • July 15, 2026

    DC Circ. Affirms Ratings For Alignment Medicare Plans

    The D.C. Circuit sided with the Centers for Medicare & Medicaid Services regarding its decision not to discard certain unfavorable surveys for Alignment Healthcare's Medicare Advantage plans, saying there is no indication of an administrative error.

  • July 15, 2026

    Minn. Tax Court Right On $108M Building Value, Justices Told

    The Minnesota Tax Court operated within its discretion to give 80% weight to Hennepin County's appraisal of a Minneapolis office building and 20% to the owner's, the county told the state Supreme Court, urging it to uphold the property's valuation.

  • July 15, 2026

    Health Co. Nears Deal To End Telemarketing Co. Breach Fight

    A Florida judge agreed Wednesday to hold off on deciding a motion to stay proceedings in a breach of contract action brought by a telemarketing company that federal regulators accuse of selling $91 million in fake Obamacare plans, after the defendants told the court they're close to a settlement.

  • July 15, 2026

    1st Circ. Says Sending GE PCB Suit To State Court Was Error

    A First Circuit panel has reversed an order remanding to state court a woman's suit over General Electric Co.'s alleged improper disposal of polychlorinated biphenyls, or PCBs, saying the trial court wrongly concluded that GE couldn't take advantage of the federal officer removal statute.

  • July 15, 2026

    Wash. Chief Justice Draws 3 Challengers In Bid For 4th Term

    A former public defender, a naval officer-turned-tax attorney and a family law practitioner are each vying this election season to unseat a veteran Washington State Supreme Court justice who's penned some of the high court's most significant opinions of the last two decades.

  • July 14, 2026

    4th Circ. Affirms Tort Atty's $25M Extortion Conviction

    The Fourth Circuit on Tuesday affirmed the conviction of a medical malpractice attorney for attempting to extort the University of Maryland Medical System out of $25 million, despite his argument that his self-representation at trial was not competent.

Expert Analysis

  • 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.

  • Checking For AI Errors Is Now A Two-Way Street

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    A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

  • Opinion

    Federal Circuit Should Implement Mini En Banc Process

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    To fulfill its mission of uniformity in patent law while avoiding the challenges of en banc hearings, the Federal Circuit should institute mini en bancs — allowing regular three-judge panels to exercise en banc powers unless a majority of the court says otherwise, says Joshua Sohn at the U.S. Department of Justice.

  • What's Next After Justices' Last-Mile Driver Arbitration Ruling

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    The U.S. Supreme Court's recent decision in Flowers Foods v. Brock, refusing to narrow the scope of a Federal Arbitration Act exemption for workers engaged in interstate commerce, gives previously unprotected workers access to litigation, but preserves two potentially powerful arguments for future proceedings, say attorneys at Husch Blackwell.

  • Series

    The Biz Court Digest: Shoring Up Corporate Law In Maryland

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    Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

  • How End Of SEC 'Gag Rule' Affects Free Speech Certiorari Bid

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    The Securities and Exchange Commission's recent rescission of the so-called gag rule, which forbade defendants in settlements from denying the SEC’s allegations, may sway the outcome of a petition to the Supreme Court in a case challenging the rule on First Amendment grounds, say attorneys at Troutman.

  • 2nd Circ.'s Embedded Video Ruling May Protect Publishers

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    The Second Circuit's recent decision in Richardson v. Townsquare, dismissing an infringement claim arising from an embedding of a YouTube-hosted interview, reaffirms a potent defense for publishers who regularly use social media platforms' embed functionality, says Amanda Harris at Jassy Vick.

  • Federal Officer Removal After Justices' La. Pollution Ruling

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    In the wake of the U.S. Supreme Court's recent ruling in Chevron USA v. Plaquemines Parish, companies seeking to use federal officer removal to move litigation out of state court should ask three questions, focusing on government contract language, federally directed activity and related conduct, say attorneys at Hollingsworth.

  • Series

    Competing At Poker Makes Me A Better Lawyer

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    Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

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