Appellate

  • July 23, 2026

    Mich. High Court Says Pot Smell Not Grounds For Car Search

    Police can't search a vehicle without a warrant based only on probable cause that someone committed a civil marijuana infraction, the Michigan Supreme Court ruled Wednesday, finding that the state's interest in enforcing a minor violation doesn't outweigh a driver's Fourth Amendment rights. 

  • July 23, 2026

    Mo. Panel Says Exclusion Bars Mallinckrodt Opioid Coverage

    A Missouri appellate court upheld a win for a group of insurers on their arguments that a "your products" policy exclusion applied to bar coverage of alleged damages from drugmaker Mallinckrodt's unbranded marketing of opioid products.

  • July 23, 2026

    Ga. Panel Says Closed Courtroom For Child Testimony OK

    The Georgia Court of Appeals has ruled that a man convicted of sex crimes was given a fair trial even though the courtroom was temporarily closed while his 12-year-old victim was allowed to testify because state law requires that the identity of juvenile witnesses be protected.

  • July 23, 2026

    Pa. AG Criticizes 'Inadequate' Felony Murder Sentence Bill

    Pennsylvania Attorney General Dave Sunday has urged lawmakers to reject a proposed new sentencing framework for people convicted of second-degree murder, calling a proposal amended Thursday too lenient even as a deadline set by the state's Supreme Court draws near.

  • July 23, 2026

    6th Circ. Challenges Exoneree's Fabricated Evidence Claim

    A Sixth Circuit panel on Thursday questioned whether a Michigan man who spent more than two decades in prison before his assault convictions were vacated had done enough to revive his civil rights suit accusing Detroit police officers of fabricating and withholding evidence during the investigation that led to his arrest.

  • July 23, 2026

    Third Murder Trial Not Double Jeopardy, 3rd Circ. Says

    The Third Circuit ruled on Thursday that a Pennsylvania man is not eligible for habeas corpus relief after he was made to face trial over the same murder three separate times, because a state court previously ruled he was correctly convicted and the retrials did not violate double jeopardy rules.

  • July 23, 2026

    11th Circ. Upholds Toss Of Cuban Cigar Trafficking Suit

    The Eleventh Circuit on Thursday upheld the dismissal of a lawsuit brought against British companies accused of trafficking cigars from a factory nationalized by the Cuban government, ruling that the lower court lacked jurisdiction. 

  • July 23, 2026

    Mass. Justices Say Health Board Can't Halt Verizon Tower

    A western Massachusetts city's health board lacked the power to order a Verizon cell tower to shut down due to health concerns, the state's highest court ruled Thursday.

  • July 23, 2026

    State High Courts Issue Top 2026 Specialty Insurance Rulings

    State high courts took the lead on specialty line insurance issues in the first half of 2026, including on cyber recovery disputes and the nuances of directors and officers coverage. Law360 has a midyear look.

  • July 23, 2026

    Chemours Tells 4th Circ. To Deny Refrigerant Antitrust Suit

    DuPont spinoff The Chemours Co. FC LLC urged the Fourth Circuit not to revive an antitrust suit from a refrigerant distributor alleging it was effectively denied access to a key refrigerant, arguing Wednesday that there's nothing monopolistic about refusing to sell "on the plaintiff's own preferred terms."

  • July 23, 2026

    Lack Of Jurisdiction Dooms $273M 'Rip And Replace' Suit

    The Court of Federal Claims has tossed a complaint from a telecom that says the Federal Communications Commission wrongly denied it $273 million in "rip and replace" funds for replacing Chinese-made equipment, saying that the company's dispute belongs in federal appeals court.

  • July 23, 2026

    Ex-Client Can't Revive Brach Eichler Malpractice Suit

    A New Jersey appellate panel on Thursday affirmed a lower court ruling granting summary judgment to Brach Eichler LLC in a suit accusing the firm of legal malpractice from its work in a long-running real estate dispute.

  • July 23, 2026

    Philly Judge Says Keller Postman Slowing Zantac Litigation

    A Pennsylvania state court judge has said Keller Postman LLC's "crusade" to remove him from presiding over several matters has ground to a halt the Zantac cancer mass tort in Philadelphia, leaving the plaintiffs' cases to "languish."

  • July 23, 2026

    7th Circ. Backs Chicago's Tenant Payout Ordinance

    The Seventh Circuit held Wednesday that a Chicago ordinance requiring owners of foreclosed rental buildings to pay tenants $10,600 to help with relocation costs is not an unconstitutional taking of property, saying that state and local authorities have broad power to regulate landlord-tenant relationships.

  • July 23, 2026

    Senate Confirms 2 Judges, Advances Ohio And Colo. Picks

    The Senate on Thursday voted 48-47 to confirm Judge Daniel Traynor of the District of North Dakota to the U.S. Court of Appeals for the Eighth Circuit and 49-44 to confirm Antonio M. Pozos, a partner at Faegre Drinker Biddle & Reath LLP, as a judge for the Eastern District of Pennsylvania.

  • July 23, 2026

    9th Circ. Urged To Keep Reddit Moderator Subpoenas Alive

    A YouTube creator's production company has pressed the Ninth Circuit to reject a bid by anonymous Reddit moderators to block subpoenas seeking their identities, arguing that a federal judge properly found the company presented sufficient evidence that they facilitated alleged copyright infringement by directing people to livestreamed "watch parties" of its content.

  • July 23, 2026

    Fed. Circ. Partly Undoes Amazon Digital Photo Frame IP Win

    The Federal Circuit on Thursday refused to reboot a trio of digital picture framing patents Amazon was accused of infringing but reversed a California federal judge's finding that another patent was invalid.

  • July 23, 2026

    NJ Justices Adopt Atty Rule Barring Sex With Clients

    New Jersey attorneys will be prohibited from having sexual relationships with current clients beginning Sept. 1 under a new ethics rule that the state's highest court approved Thursday, replacing New Jersey's case-by-case approach with a bright-line prohibition.

  • July 23, 2026

    J&J's Delays Should End $25M Asbestos Appeal, Builder Says

    A western Massachusetts real estate developer has asked a Connecticut appeals court to toss Johnson & Johnson's appeal of a $25 million asbestos cancer verdict in his favor, saying the company has yet to file an opening brief despite receiving five deadline extensions.

  • July 23, 2026

    EEOC, UPenn Resolve Fight Over Jewish Workers' Info

    The University of Pennsylvania and the U.S. Equal Employment Opportunity Commission struck a deal to end their battle over a subpoena seeking contact information of Jewish UPenn employees after the agency agreed to back away from enforcing it, the parties told the Third Circuit on Thursday.

  • 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.

Expert Analysis

  • High Court Ruling Casts Doubt On Status-Based Gun Bans

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    The U.S. Supreme Court’s recent ruling in U.S. v. Hemani demonstrates that the justices are increasingly skeptical of broad theories of categorical disarmament and clarifies that dangerousness cannot simply be presumed from one's status or membership in a statutory category, such as illegal drug use, says Lee Francis at Widener Law.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

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    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • Steps For Employers After 7th Circ. BIPA Retroactivity Ruling

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    The Seventh Circuit's recent ruling in Clay v. Union Pacific sharply limits per-scan statutory damages theories in pending Biometric Information Privacy Act cases by retroactively applying a 2024 amendment, but employers should not mistake the holding for a broad safe harbor, say attorneys at Thompson Coburn.

  • How NEPA Review Has Changed Since Seven County

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    A year after the U.S. Supreme Court's decision in Seven County Infrastructure Coalition v. Eagle County instituted major changes to judicial review under the National Environmental Policy Act, courts are effectively applying the decision, but where things go from here may be up to agencies and project proponents, say attorneys at Venable.

  • A Midyear Look At Antiterrorism Act Jurisprudence And Policy

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    Plaintiffs have filed comparably fewer new actions under the Antiterrorism Act this year, though a handful of key decisions further defined the statute’s aiding-and-abetting standard and highlighted continuing risks for financial services companies, say attorneys at Skadden.

  • Justices' ICA Ruling Provides Certainty For Regulated Funds

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    The U.S. Supreme Court's recent ruling in FS Credit v. Saba that a contract-rescission provision of the Investment Company Act does not provide investors with a private right of action is a victory for the regulated fund industry, emphasizing that where Congress intended to create private remedies, it did so expressly, say attorneys at Simpson Thacher.

  • Justices' Obstruction Ruling Clears Venue-Challenge Path

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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?

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    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.

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