Appellate

  • August 13, 2026

    5th Circ. Restores Parts Of Hotly Contested Texas Voter Law

    The Fifth Circuit on Wednesday reversed a lower court ruling that blocked several provisions of Texas' 2021 election law on the grounds they make voting harder for those with disabilities, holding the plaintiffs had failed to establish standing for most of their claims and rejecting the remaining claim on the merits.

  • August 13, 2026

    8th Circ. Says Mid-Interview Deletions Allowed Phone Seizure

    An Eighth Circuit panel ruled that police did not violate the Fourth Amendment when they seized a phone from a South Dakota man accused of trying to trade vape pens to a 16-year-old for sex, saying they did not need a warrant because they saw him trying to delete evidence during an interview.

  • August 13, 2026

    Baby Food Cos. Near Ax Of Some ADHD, Autism Claims

    A California federal judge indicated on Thursday that she would grant summary judgment to a significant swath of claims in multidistrict litigation alleging lead and arsenic in baby food from Gerber, Beech-Nut, Walmart and others contributed to children's ADHD and autism, which follows her previous ruling that the plaintiffs' causation evidence was too unreliable.

  • August 13, 2026

    DirecTV Says Tegna Board Issue Proves Injunction Is Needed

    DirecTV is pointing the Ninth Circuit toward a recent court order clarifying that when a federal judge told Nexstar and Tegna to remain separate while a challenge to their $6.2 billion merger plays out, that also meant they weren't allowed to put Nexstar execs on Tegna's board of directors.

  • August 13, 2026

    Supreme Court's Apple App Store Pause Lifted After 24 Hours

    Following the expiration of a roughly 24-hour pause on the App Store dispute between Apple and Epic Games, Apple put a 15% commission on the table Thursday to try to comply with a mandate forcing it to dramatically cut what it charges for App Store sales.

  • August 13, 2026

    9th Circ. Says U. Of Wash. Is Immune From Vax Firing Suit

    A Ninth Circuit panel declined on Thursday to reinstate former University of Washington employees' claims that they were wrongfully fired after refusing the COVID-19 vaccination on religious grounds, concluding the university qualifies as an arm of the state that cannot be sued for civil rights violations under the relevant federal law.  

  • August 13, 2026

    Bristol-Myers Can't Duck UMB Suit Targeting Drug Approvals

    The Second Circuit on Thursday revived UMB Bank's suit alleging Bristol-Myers Squibb's slow-walking of the drug approval process caused investors to miss out on billions of dollars, rejecting the pharmaceutical giant's contention that the bank lacked standing to sue.

  • August 13, 2026

    7th Circ. Vacates Gun Sentence Over 'Conspiracy' Definition

    The Seventh Circuit has vacated a nearly eight-year prison sentence for an Indiana man convicted of gun possession as a felon, finding he was incorrectly given a crime of violence enhancement for a prior state charge that caused him to receive an inflated sentence.

  • August 13, 2026

    9th Circ. Revives $140M Robo-Surgery Antitrust Case

    The Ninth Circuit on Thursday revived a surgical instrument repair company's antitrust suit accusing the makers of the da Vinci surgical robot of illegally blocking third parties from repairing its instruments, ruling that a district judge erred in applying the U.S. Supreme Court's Kodak factors to the dispute.

  • August 13, 2026

    8th Circ. Partially Revives Iowa Adjuster Law Challenge

    The Eighth Circuit has revived a residential contractor's claim that its First Amendment rights were violated when the Iowa Insurance Division issued warning notices pursuant to the state's public adjuster laws, while affirming that the statutes are not unconstitutional on their face and not void for vagueness.

  • August 13, 2026

    5th Circ. Nixes Fed Approval For Offshore Oil Export Port

    A Fifth Circuit panel overturned a license approval for a deepwater port off Texas, ruling that the Trump administration failed to properly consider how a pipeline serving the offshore crude oil export facility would intersect a pipeline for another approved port.

  • August 13, 2026

    United Asks Justices To Void 'Destabilizing' Vax Bias Class

    United Airlines has asked the U.S. Supreme Court to review a "destabilizing" Fifth Circuit ruling preserving class certification for workers who sued the airline for religious discrimination after they opposed United's COVID-19 vaccine mandate and were placed on unpaid leave.

  • August 13, 2026

    J&J Says No To Reviving Stelara Case

    Johnson & Johnson has asked the Fourth Circuit not to revive CareFirst's antitrust suit alleging the company tried to monopolize the market for the immunosuppressive drug Stelara.

  • August 13, 2026

    Texas Appeals Court Flips $34M Verdict In Hospital Suit

    A Texas appeals court wiped out a $34 million verdict against a healthcare company Thursday, saying the trial court interpreted the parties' contract incorrectly and the company did not breach its agreement with a private orthopedic practice group.

  • August 13, 2026

    Kalshi Must Suspend Most Wash. Offerings, Install Geofencing

    A Washington state court judge has blocked Kalshi from offering event contracts to state residents in most of its prediction market categories while the attorney general's legal challenge unfolds, setting deadlines for the platform to institute location-based geofencing, while spurning the company's bid to maintain operations pending appeal.

  • August 13, 2026

    4th Circ. Won't Undo Block Of Gilead-Branded Drug Imports

    The Fourth Circuit on Thursday refused to undo a lower court's order in a trademark suit that blocked a vendor, used by health plans to cut medication costs, from importing Gilead-branded medications into the U.S.

  • August 13, 2026

    6th Circ. Jails Minnesota Activist Over Anti-ICE Threats

    A self-described "antifa" member from Minneapolis must return to jail on federal charges of cyberstalking and making threats against supporters of U.S. Immigration and Customs Enforcement, with a divided Sixth Circuit panel determining he still poses a threat to the public.

  • August 13, 2026

    Lindberg Carriers Urge NC Panel To Affirm $467M Judgment

    Several insurance companies asked a North Carolina state appeals court to affirm a $467 million fraud damages award granted by a trial court against convicted insurance magnate Greg Lindberg and his private investment firm Global Growth Holdings, maintaining that Lindberg recycled "already rejected" arguments regarding the insurers' recovery.

  • August 13, 2026

    Split 11th Circ. Backs IRS $1M Value For Contested Easement

    A split Eleventh Circuit panel affirmed a decision to slash three Georgia landowners' conservation easement value from $18 million to $1 million Thursday, saying the U.S. Tax Court didn't need to determine the property's best use because the parties already agreed on that use.

  • August 13, 2026

    Nike Agrees To End Appeal Of TM Fee Award At 3rd Circ.

    Clothing-maker Lontex Corp. and Nike Inc. have agreed to put an end to their battle over a lower court's finding that the sportswear giant had to pay attorney fees in a trademark case, asking the Third Circuit to undo a decision that the case was exceptional.

  • August 13, 2026

    3rd Circ. Upholds Dismissal Of Lipitor Pay-To-Delay Case

    The Third Circuit on Thursday backed the dismissal of an antitrust suit alleging Pfizer Inc. and Ranbaxy Laboratories Ltd. conspired to delay the market entry of a generic version of the cholesterol drug Lipitor, ruling that the plaintiffs lacked standing.

  • August 13, 2026

    GEO Takes Immunity Delay To 10th Circ. In Forced Labor Suit

    Private prison operator GEO Group Inc. has filed a notice of appeal seeking Tenth Circuit review of a Colorado federal judge's failure to rule on its qualified immunity bid in a forced-labor suit by detainees, arguing further delay would effectively deprive it of that protection.

  • August 13, 2026

    Ohio High Court Reinstates $1.9M Farmworker Injury Verdict

    The Ohio Supreme Court has revived a $1.9 million verdict in favor of a farmworker over injuries he sustained on the job, finding the appeals court wrongly required that he prove that his employer had deliberately not reattached a safety guard on the tractor that injured him.

  • August 13, 2026

    5th Circ. Narrows Tax Break Ruling For Limited Partners

    A Fifth Circuit panel revised its ruling in a long-running feud over the self-employment tax exclusion for certain business partners, adjusting its interpretation of "limited partner" and narrowing its finding that a state's limited liability designation triggers the tax break.

  • August 13, 2026

    DOJ Backs X Corp.'s 5th Circ. Advertiser Boycott Appeal

    The U.S. Justice Department backed X Corp. on Wednesday by arguing in a Fifth Circuit amicus brief that a Texas federal judge botched the antitrust injury analysis when tossing a lawsuit accusing Mars, CVS, Nestle, Lego, Tyson Foods and other advertisers of agreeing to boycott the social media platform after Elon Musk's purchase.

Expert Analysis

  • Justices' Ruling Alters Playing Field For State Subpoena Suits

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    The U.S. Supreme Court’s decision in First Choice Women’s Resource Centers v. Davenport will spark more federal court challenges to state subpoenas, but procedural defenses will block some merits decisions, so plaintiffs must carefully time and manage parallel federal and state proceedings, say attorneys at Troutman.

  • Looking At Drake's Diss Track Appeal Through An IP Lens

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    Though Drake's pending Second Circuit appeal over UMG's promotion of Kendrick Lamar's "Not Like Us" is formally about defamation, it shows that IP considerations can help identify records showing how a work traveled, which may guide courts when deciding context, says attorney Abdul Abdullahi.

  • Series

    Bass Fishing Makes Me A Better Lawyer

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    Landing a trophy striped bass and closing a big deal both require cultivating the patience to finesse — not force — your way to desired outcomes, changing course when your old approach isn’t working and learning from the ones that got away, says Jon Ruiss at Alston & Bird.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q2

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    The year's second quarter brought several notable banking law developments to New York, including a proposal to align state stablecoin rules with the federal Genius Act, fresh fair lending and cybersecurity guidance from state regulators, and a significant Second Circuit holding on preemption, say attorneys at Ashurst Perkins Coie.

  • PacifiCorp Ruling Shows Limits Of Aggregate Wildfire Loss Models

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    An Oregon appeals court's recent decision in James v. PacifiCorp illustrates that in litigation involving multiple wildfires, materially different causation theories, and evidence tied to particular fires and locations, a single undifferentiated damages model is vulnerable to attack, say Paige Van Oosten and Jason Kim at Hunton and Kevin Cahill at FTI Consulting.

  • Roundup

    The Most Talked-About Supreme Court Decisions Of 2026

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    This term, 11 U.S. Supreme Court decisions quickly became hot topics among Law360's guest writers.

  • A New Defense For Medicaid Fraud Cases In Texas

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    The Texas Supreme Court decision in LabCorp v. Texas last month, finding that the state's False Claims Act requires proof that an omission is material, is among the first to establish that the government's lack of reaction to the defendant's disclosures rendered alleged omissions immaterial, say attorneys at Sheppard.

  • Fighting The Evidentiary Risks Of Deepfakes In Court

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    Though courts and federal rules are only slowly developing frameworks for assessing digital evidence that could have been created or generated by artificial intelligence, litigators should understand what steps they'll likely need to take to successfully challenge potentially deepfaked exhibits — and fight questions about the authenticity of their own, say attorneys at MoFo.

  • Justices' Cuba Ruling Narrowly Recasts Sovereign Immunity

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    The U.S. Supreme Court recently allowed Exxon Mobil's bid for $1 billion in damages for Cuban-seized property to proceed, but the ruling's doctrinal significance is in treating the Helms-Burton Act as a later, specific and self-contained statutory displacement of the default jurisdictional immunity regime, says Josep Galvez at 4-5 Gray's Inn.

  • 'Tiger King' Funeral Clip Ruling Offers Fair Use Road Map

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    The Tenth Circuit's decision in Whyte Monkee v. Netflix that the streaming service's use of another party's funeral footage in the docuseries "Tiger King" constituted fair use lays out a framework for producers to apply the four statutory fair use factors to their own projects, says Frank D’Angelo at Loeb & Loeb.

  • Justices Stand On Statutory Specifics In Cisco And Landor

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    With its June 23 decisions in Cisco Systems Inc. v. Doe and Landor v. Louisiana Department of Corrections and Public Safety, the U.S. Supreme Court doubled down on the critical point that the statute invoked in a federal claim must authorize a private lawsuit and the remedy sought, says Patrick Judd at Phelps Dunbar.

  • Justices' Concurrences Foretell Fault Line On Appeal Waivers

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    The U.S. Supreme Court recently ruled 8-1 in Hunter v. U.S. that appeal waivers that produce a miscarriage of justice are unenforceable, but the decision's concurrences indicate future divisions over whether this exception will be used as a rare safety valve or to police ordinary but troubling plea errors, say attorneys at RJO.

  • How Montgomery Ruling Will Affect Cos. Across Supply Chain

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    Since the U.S. Supreme Court's May 14 decision in Montgomery v. Caribe Transport II, the immediate focus has been on freight brokers and negligent carrier-selection claims, but the ripple effects may extend to shippers, logistics providers, insurers, transportation managers and other participants in the supply chain, say attorneys at Quintairos Prieto.

  • High Court's FCC Fine Ruling Reframes Agency Enforcement

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    The U.S. Supreme Court's recent decision in Federal Communications Commission v. AT&T sweeps aside uncertainty about what kinds of regulatory enforcement trigger a Seventh Amendment right, say attorneys at Squire Patton.

  • How 6th Circ. Tightened NLRB Injunction Standard

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    The Sixth Circuit's recent ruling in Kerwin v. Trinity Health Grand Haven Hospital, dissolving a Section 10(j) injunction obtained by the National Labor Relations Board against an employer that refused to bargain, will make it harder for the NLRB to obtain injunctions while prosecuting unfair labor practice proceedings, say attorneys at Bass Berry.

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