Appellate

  • July 31, 2026

    Fed. Circ. Says Leica's Filtered Light Skirts U. Mich. Patent

    In a dispute centered on how laser light is used in fluorescence technology, a unanimous Federal Circuit panel said on Friday that Leica Microsystems did not infringe on a University of Michigan patent, affirming the decision of a federal court in California.

  • July 31, 2026

    Mass. Seeks Exit From Undercover License Plate Policy Suit

    The U.S. Department of Homeland Security hasn't shown that immigration enforcement has slowed because Massachusetts won't give its agents undercover vehicle plates, the state said in a bid to dismiss a federal government lawsuit.

  • July 31, 2026

    Conn. Justices Revive Lawsuit Over Killer's Hospital Release

    The Connecticut Supreme Court for the first time Friday said mental health providers must try to protect identifiable victims from dangerous patients, ordering a Hartford HealthCare subsidiary to face ordinary negligence claims from the estate of a woman slain by her former boyfriend, a dentist who then killed himself.

  • July 31, 2026

    DC Circ. Backs FERC's Revised Grid Hookup Policy

    The D.C. Circuit on Friday endorsed the Federal Energy Regulatory Commission's revised policy for hooking up new power projects to the grid, saying the agency clearly acted within its authority to address growing interconnection backlogs.

  • July 31, 2026

    End In Sight For Ovarian Cancer Patients With $5.5B+ J&J Deal

    The $5.5 billion global deal over talc ovarian cancer allows women to move past recent court setbacks requiring them to provide experts who can show a causal link between their disease and use of talc, and for defendant J&J to close a decade of litigation that included judicially criticized gambits to spin off liability through bankruptcy maneuvers.

  • July 31, 2026

    Defamation Litigation Roundup: Trump, Kash Patel, MSG

    In this month's review of defamation fights, Law360 highlights developments in a handful of suits involving President Donald Trump, as well as the dismissal of a case by Federal Bureau of Investigation Director Kash Patel over a man's social media posts accusing him of being a "Kremlin asset."

  • July 31, 2026

    Michigan Justices Nix Teen's 'Cruel' 50-Year Murder Sentence

    Michigan's highest court has ruled that a 50- to 75-year sentence for a teenager convicted of second-degree murder was unconstitutionally cruel or unusual, calling the prison term "grossly disproportionate" in its latest ruling limiting severe sentences for young offenders.

  • July 31, 2026

    DC Circ. Rules Ute Tribe Can't Reclaim 1.5M Utah Acres

    A D.C. Circuit panel on Friday rejected a Utah tribe's bid to undo a lower court's ruling that said it has no compensable title to 1.5 million acres in Utah, saying the lack of that title means the oil field lands are not eligible for restoration under the Indian Reorganization Act.

  • July 31, 2026

    Trump Appeals Judge's Block Of IRS Settlement To 11th Circ.

    President Donald Trump will ask the Eleventh Circuit to overturn a Florida federal judge's order blocking a settlement deal that would have given him and others broad protection from federal tax audits and investigations, according to a notice filed Friday.

  • July 31, 2026

    Mich. High Court Tosses Murder Conviction Over DNA Test

    A man convicted of first-degree murder will receive a new trial after the Michigan Supreme Court ruled on Thursday that police violated the state constitution by testing blood on his pants without a warrant or his consent. 

  • July 31, 2026

    J&J's $25M Talc Appeal Can Advance, Conn. Panel Rules

    A Connecticut appeals court has advanced Johnson & Johnson's challenge to a $25 million talc trial judgment, denying a Massachusetts real estate developer's attempt to dismiss the appeal based on what he argued was a late-filed brief.

  • July 31, 2026

    Teck Asks Justices To Ax Wash. Tribal Cultural Loss Claims

    A Canadian mining company is asking the Supreme Court to reverse a Ninth Circuit ruling that revived Washington tribes' natural resource damages claims for alleged pollution of the Columbia River, arguing the appellate court upended an environmental cleanup statute's tradeoff between broad liability and limited remedies.

  • July 31, 2026

    Ala. Localities Can't Tax Only Railroads, 11th Circ. Says

    A federal court correctly ruled that Alabama localities could not impose sales taxes on rail carriers' diesel fuel purchases, because a corresponding state-level tax was found to be discriminatory and the authority to tax at the local level is granted by the state, the Eleventh Circuit said Friday.

  • July 31, 2026

    Corporate Settlors Can Owe Inheritance Tax, UK Tribunal Says

    The U.K.'s inheritance tax can apply to a corporate settlor of a trust when the trustees aren't domestic residents, the Upper Tribunal said Friday in a decision involving a company challenging its liability for the tax in relation to a Jersey trust.

  • July 31, 2026

    Split 3rd Circ. Says Pa. Town Wrongly Limited Jewish Worship

    A Northeast Pennsylvania town's zoning code placed unacceptable burdens on the religious exercises of an Orthodox Jewish congregation using two properties for worship, instruction and communal living, a split Third Circuit panel said in an opinion ordering the properties to be reopened.

  • July 31, 2026

    Pa. Panel Again Says 'Clickwrap' Arbitration Unenforceable

    The Pennsylvania Superior Court has reiterated that "clickwrap" arbitration agreements are unenforceable, holding in the case of an amusement park patron dissatisfied over a roller coaster closure that the inconspicuous digital disclaimers weren't enough to deny a litigant's right to a jury trial.

  • July 31, 2026

    Dad's Role In Smuggling Son Blocks Bid To Cancel Removal

    The Board of Immigration Appeals on Friday denied a Guatemalan man's efforts to stop his deportation, saying his alleged use of a smuggler to bring his child to the United States showed he was not a person of "good moral character."

  • July 31, 2026

    Fla. Tells 11th Circ. Migrant Transport Law Isn't Preempted

    Florida urged the Eleventh Circuit on Friday to reverse an injunction blocking a state law that criminalizes the transportation of immigrants living in the country illegally, arguing that the law's challengers are reading the state law too broadly.

  • July 31, 2026

    UK Estate Loses Inheritance Tax Break For London Offices

    The executors of a deceased man's estate are not eligible for a 100% inheritance tax break on his London-based serviced offices because they were an investment rather than a trade, the Upper Tribunal said in a judgment.

  • July 31, 2026

    Justices Asked To Clarify Arbitrator Bias Vacatur Rule

    The U.S. Supreme Court is being asked to clarify the standards under which an arbitral award can be vacated, in a petition that seeks to nix an award favoring a nursing home issued by an arbitrator who failed to disclose a previous censure over improper campaign contributions.

  • July 31, 2026

    Insulet Urges Full Fed. Circ. To Revive $59M Trade Secret Win

    Insulin product developer Insulet Corp. has asked the full Federal Circuit to hear its arguments for reinstating a jury's $59.4 million trade secret theft verdict against EOFlow Co. Ltd., saying a split panel decision overturning the award reached a timeliness issue that was not mentioned by either party.

  • July 31, 2026

    Fed. Circ. Says Sapphire-Backed Watches Must Face Duties

    Imported Richard Mille luxury watches with synthetic sapphire crystal case-backs cannot qualify for duty-free treatment, the Federal Circuit affirmed.

  • July 31, 2026

    1st Circ. Says Boston Outdoor Dining Rules Not Biased

    The First Circuit rejected claims by a group of restaurant owners in Boston's Little Italy that Mayor Michelle Wu singled them out for stricter enforcement and impact fees related to outdoor dining because they are predominantly white and of Italian descent.

  • July 31, 2026

    NJ Detention Center Access, Gun Liability: A Midyear Report

    As the second half of 2026 unfolds, New Jersey courts will grapple with disputes testing the limits of state authority and examining gun-industry accountability.

  • July 30, 2026

    Minneapolis' Former Top Public Defender Gets Disbarred

    The Minnesota Supreme Court on Wednesday disbarred Hennepin County's former chief public defender after he was convicted of felony tax evasion and found to have misappropriated client funds, calling his actions "the most serious types of attorney misconduct."

Expert Analysis

  • 11th Circ. Ruling Reflects Shift In Digital Consent Frameworks

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    The Eleventh Circuit's recent decision in Tejon v. Zeus Networks that a browsewrap terms-of-service hyperlink was insufficiently conspicuous to bind a consumer to an arbitration agreement could accelerate a broader industry shift to clickwrap as the baseline for enforceable digital consent, say attorneys at Sheppard.

  • Class Actions At The Circuit Courts: June Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five recent rulings from cases involving allegations of internet data misuse, consumer fraud claims, immigration, insurance and First Amendment violation claims.

  • Fed. Circ. In May: Being Precise About 'About'

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    The Federal Circuit's decision in Enviro Tech v. Safe Foods last month illustrates the danger in attempting to expand claim scope with words of approximation, potentially causing claims to be invalid for lack of definiteness, say attorneys at Knobbe Martens.

  • Justices' FCC Fine Ruling May Weaken Agency Leverage

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    The U.S. Supreme Court's decision in Federal Communications Commission v. AT&T upheld the commission's forfeiture framework as consistent with Jarkesy, but it is also likely to reduce the effectiveness of the commission’s forfeiture proceedings as a collection and deterrence tool, say attorneys at Venable.

  • Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

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    An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

  • Google Antitrust Case Puts Spotlight On De Facto Exclusivity

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    Mozilla's recent amicus filing in U.S. v. Google arguing that its agreement to make Google the default search engine did not amount to de facto exclusivity highlights the growing debate over traditional indicators of exclusivity, with implications for any business that uses rebates, preferred contracts or volume incentives, says Chris Gowen at WilmU Farnan School of Law.

  • Justices' Montgomery Ruling Doesn't Expand Shipper Liability

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    Whether negligent hiring liability claims against shippers will increase after the U.S. Supreme Court's decision last month in Montgomery v. Caribe Transport II is anyone's guess, but the ruling itself will have no impact on shippers' actual liability in personal injury claims relating to trucking accidents, says Ronald Leibman at McCarter & English.

  • GHG Rescission Undermines State Climate Suit Preemption

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    As the U.S. Supreme Court considers the fate of state climate litigation in Suncor Energy Inc. v. Boulder County, it must confront the fact that the U.S. Environmental Protection Agency's rescission of its greenhouse gas endangerment finding has also removed the foundation for federal preemption of state climate suits, says attorney Gregg Goldfarb.

  • 3rd Circ. Decision Sheds Light On BIPA Bank Exemption

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    The Third Circuit's recent decision in McGoveran v. Amazon illuminates how courts are extending the Illinois Biometric Information Privacy Act's financial institution carveout beyond banks and insurers to technology vendors and other businesses handling biometric data, a defendant-friendly shift that still casts uncertainty around BIPA's enforcement, say attorneys at Dorsey & Whitney.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • Series

    Moshing Makes Me A Better Lawyer

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    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • 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.

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