Appellate

  • July 31, 2026

    Mich. Justices' Ruling Will Allow Eli Lilly Price-Fixing Probe

    A split Michigan Supreme Court Friday overturned two of its prior rulings that the majority determined had wrongly expanded an exemption in the Michigan Consumer Protection Act, opening the door for the state's attorney general to take action against misconduct in a range of industry sectors.

  • July 31, 2026

    9th Circ. Seeks Nev. High Court Input In Live Nation Class Suit

    The Ninth Circuit Friday sought the Nevada Supreme Court's input on a proposed class action against Live Nation, certifying a question about whether an arbitration agreement is void under Nevada law if "the drafter reserves the unilateral right to modify the entire agreement 'at any time' without notice."

  • July 31, 2026

    3rd Circ. Issues Warning Against Vague Sentencing Factors

    The Third Circuit on Friday upheld the conviction of a man accused of smuggling marijuana into the Virgin Islands, finding in a precedential opinion that a federal court in the territory did not incorrectly rely on his previous arrest record when determining his sentencing length.

  • July 31, 2026

    Calif. Supreme Court Reverses Strike Of 'Less Attentive' Juror

    The California Supreme Court held that a prosecutor's claim that a prospective juror was "less attentive" than others is not enough to support a peremptory strike, saying a 2022 California law aimed at prohibiting bias in juror removals requires more than a behavioral reason.

  • July 31, 2026

    Case Challenging Ban On 'Conversion Therapy' Reopened

    A Washington federal judge has partly revived a family therapist's constitutional challenge of the state's prohibition on a practice commonly known as conversion therapy in the wake of the U.S. Supreme Court's March decision finding that a similar Colorado ban amounted to viewpoint discrimination against a Christian counselor.

  • July 31, 2026

    3rd Circ. Backs Trust In Pa. Game Commission Title Dispute

    The Pennsylvania Game Commission constitutes a Pennsylvania citizen, the Third Circuit ruled Friday in a land title dispute between the commission and a trust, rejecting the commission's "Hail Mary" change in position that it's instead an "arm" of Pennsylvania, which would erase the court's diversity jurisdiction.

  • July 31, 2026

    Del. Supreme Court Ends J&J Bid To Preserve Asbestos Data

    The Delaware Supreme Court on Friday reversed a Chancery Court ruling that had allowed Johnson & Johnson, Dow Chemical and other major asbestos defendants to pursue a novel effort to stop bankruptcy trusts from deleting decades of asbestos claims records, holding that the companies failed to satisfy the requirements for an equitable bill of discovery.

  • July 31, 2026

    11th Circ. Backs Nurse's 20-Year Term In $111M Medicare Case

    The Eleventh Circuit on Friday agreed with a nurse practitioner that a trial court erred in giving prosecutors more time in closing arguments at her $111 million Medicare fraud trial, but upheld her conviction and 20-year sentence after finding the evidence against her was "overwhelming."

  • July 31, 2026

    Ariz. Justices Clarify Clergy Minor Abuse Reporting Laws

    Arizona's highest court has unanimously determined that under the state's child abuse statute, clergy members who learn about an abuse of a minor are not required to report it if the clergy learned about the abuse through confession, or if reporting it would violate their religion.

  • July 31, 2026

    Fla. Panel Affirms $103M Award Over Ford Mustang Explosion

    A Florida appellate court on Friday upheld a $103 million award against Ford Motor Co. in a lawsuit alleging responsibility for a Mustang explosion that severely injured its driver, saying the automaker couldn't sufficiently explain why the case should not have gone to a jury. 

  • July 31, 2026

    DC Circ. Backs Ex-Steward CEO's Contempt Charge

    The D.C. Circuit on Friday upheld a U.S. Senate committee's criminal and civil contempt finding against former Steward Health Care System LLC Chief Executive Ralph de la Torre after he refused to appear before lawmakers despite a subpoena, calling his appellate arguments "wholly meritless."

  • July 31, 2026

    11th Circ. Revives TVA Claims In Alabama Boat Collision Suit

    An Eleventh Circuit panel has reinstated claims from fishermen against the Tennessee Valley Authority alleging the TVA negligently failed to mark or remove a duck blind they collided with in their boat, finding that the agency is not immune under its governing statute.

  • 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.

Expert Analysis

  • Turning To The Courts When PBM Reform Falls Short

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    The effectiveness of state laws intended to regulate pharmacy benefit managers remains uncertain, but litigation — utilizing tried-and-true theories like breach of contract and fair dealing — offers another mechanism through which stakeholders may seek relief from PBMs, say attorneys at Reed Smith.

  • Opinion

    Immigration Appeals Rule Would Prevent Meaningful Review

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    Justice Stephen Breyer’s book “Making Our Democracy Work” offers a useful lens through which to consider what is at stake for the Executive Office for Immigration Review's legitimacy as the government asks the D.C. Circuit to revive an interim final rule that would have fast-tracked decisions by Board of Immigration Appeals, says Tara Kennedy at Kennedy Law.

  • 2 'Rocket Dockets' And The Rules That Propel Them

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    The fastest civil trial courts in the country are currently in the Eastern District of Virginia and the Southern District of Florida, and their chief judges provide insights into the court rules that keep them ahead, says Robert Tata at Hunton.

  • Retailer Risk Reduction Tips As Email Marketing Suits Surge

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    Amid a flood of email marketing lawsuits following last year's Washington Supreme Court ruling in Brown v. Old Navy, retailers seeking to avoid high litigation costs can take several steps to reduce risks by focusing on their email subject lines advertising sales, says Gonzalo Mon at Kelley Drye.

  • Why Nuclear Licensees Must Watch 2nd Circ.'s Holtec Review

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    In reviewing a New York federal court's preemption ruling concerning disposal of nuclear materials, the Second Circuit must confront the lower court's recognition of a purpose-based path to field preemption, which could be game-changing for nuclear material licensees, says Andrew Averbach at Womble Bond.

  • Calif. Ruling Lowers Bar For Health Data Breach Claims

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    The California Supreme Court's ruling in J.M. v. Illuminate Education offers protection for non-healthcare companies that maintain health-related data but also adopts a new and more plaintiff-favorable standard for breach of confidentiality that companies maintaining any health-related data should address, say attorneys at Cooley.

  • Florida Atty Fees Ruling Could End Expert Testimony Mandate

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    For over 60 years, Florida appellate courts have required an evidentiary hearing and expert testimony to support the reasonableness of an attorney fee award, but the Florida Sixth District Court of Appeal's recent Ruffenach v. Deutsche Bank National Trust ruling could make substantive changes to this requirement, say attorneys at RumbergerKirk.

  • Texas Ruling Leaves Key Oil Royalty Question Unresolved

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    The Texas Supreme Court's recent decision in Fasken Oil and Ranch v. Puig clarifies that royalty reservations containing “free of cost forever” language do not bar deduction of post-production costs — but it leaves open whether prices producers report to royalty owners should reflect what unaffiliated buyers would pay, says Robert Foss at Hinds Feat Advisors.

  • Justices Widen Path For Confiscated Cuban Property Claims

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    For Americans holding claims to confiscated Cuban property, the U.S. Supreme Court’s recent decision in Havana Docks v. Royal Caribbean Cruises means that the expiration of their property interest is no longer a bar and that any company using such property is now a potential defendant, say attorneys at Bracewell.

  • Your Next Litigation Hold Should Cover AI Chat Logs

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    The Delaware Chancery Court’s recent decision in Fortis Advisors v. Krafton to treat a CEO’s artificial intelligence chats as substantive evidence is being read as a discovery warning to litigators, but there is a second duty-to-preserve lesson that is especially pertinent to in-house counsel, say attorneys at Faegre Drinker.

  • Opinion

    High Court's Abortion Pill Stay Reinforces Appellate Principles

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    The U.S. Supreme Court's recent order in Danco Laboratories v. Louisiana, staying a Fifth Circuit ruling that reinstated an in-person requirement for dispensing the abortion medicine mifepristone, should be seen not as a definitive ruling on reproductive rights, but as an affirmation of a more disciplined jurisdictional reality, says Daniel Nardo at Nardo & Associates.

  • Series

    Studying Foreign Languages Makes Me A Better Lawyer

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    Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

  • 6th Circ. Ruling Highlights Split On Labor Cost Depreciation

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    The Sixth Circuit's recent decision in Schoening Investment v. Cincinnati Casualty throws into relief the fine lines of courts' varying interpretations of whether a commercial property insurer may justifiably depreciate labor costs to determine the actual cash value of damage, says Nabila Rahim at Zelle.

  • 6th Circ. Ruling Broadest So Far In Wave Of Habeas Decisions

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    The Sixth Circuit’s recent opinion in Lopez-Campos v. Raycraft provides the most developed structural reasoning among rulings in a widening circuit split over mandatory detention after undocumented entry into the U.S., and supplies immigration practitioners a template for due process arguments in favor of habeas relief, says Kemal Hepsen at Mandamus Lawyers.

  • Opinion

    Murdaugh Reversal Masks Deeper Justice System Issues

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    The South Carolina Supreme Court's recent reversal of Alex Murdaugh's murder conviction leans heavily on improper jury influence by an ex-county clerk of court while underbilling other errors in the case, which are emblematic of larger issues with the justice system, says Barry Edwards at Fair Trial Analysis.

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