Appellate

  • June 30, 2026

    2nd Circ. Backs NY Gas Appliance Ban In Split With 9th Circ.

    New York City and the Empire State can enforce their laws effectively banning fossil-fuel appliances in new buildings, the Second Circuit ruled Tuesday, splitting from the Ninth Circuit in rejecting trade groups and unions' arguments that the statutes run afoul of federal law.

  • June 30, 2026

    Justices' Birthright Ruling Leaves Little Room For Congress

    The U.S. Supreme Court's 5-4 holding Tuesday that President Donald Trump's executive order limiting birthright citizenship is unconstitutional did more than invalidate the policy, it effectively foreclosed Congress from trying to implement the executive order through legislation, experts told Law360.

  • June 30, 2026

    Texas Court Sends 4 Asbestos Suits Out Of MDL Court

    A Texas appeals court on Tuesday found that multiple families of people who died following diagnoses of asbestos-related malignancies can remand their cases back to the courts they initially filed in, saying the multidistrict litigation rules do not apply to their cases.

  • June 30, 2026

    Morgan & Morgan Wins Bid To Arbitrate Ga. Malpractice Suit

    A Georgia appellate panel on Tuesday sent to arbitration a legal malpractice case accusing Morgan & Morgan of inducing a former auto collision client to accept a $750,000 settlement when the case was purportedly worth more, saying a broad arbitration clause in the representation agreement was valid and enforceable.

  • June 30, 2026

    Coca-Cola Bottler Off The Hook In Cop Crash Suit

    The Coca-Cola Bottling Co. United-East LLC has beaten a personal injury lawsuit stemming from a three-car pileup with a police car, after a Georgia state appeals court ruled on Tuesday that there is no evidence to suggest that the driver of the company's tractor-trailer did anything wrong.

  • June 30, 2026

    11th Circ. Says Atlanta Officer Can't Undo $21M Taser Verdict

    The Eleventh Circuit on Tuesday upheld a $21 million verdict against an Atlanta Police Department officer whose shocking of a man with a Taser left him paralyzed from a resulting fall, keeping intact a $20 million compensatory damages award and a previously-slashed $1 million in punitive damages.

  • June 30, 2026

    3rd Circ. Says Pro Se Defendant Can't Get Trial Redo

    The Third Circuit on Tuesday said it would not reward a self-represented defendant's "chicanery," upholding a man's conviction for child sexual abuse after finding he was aware he was facing a functional life sentence before proceeding to trial pro se, and that a misstatement by the trial judge in his case did not change that.

  • June 30, 2026

    Cigna, Others Fight Ohio AG's Drug Price-Fixing Suit

    Ohio pharmacy benefit managers and their corporate parents urged a federal judge to toss the state's drug price-fixing lawsuit, saying in a series of briefs that the state is trying to skirt federal pleading standards, collapse corporate separateness and stretch Ohio's antitrust law beyond its limits.

  • June 30, 2026

    FERC Future Fuzzy After High Court's Agency Firings Ruling

    The Federal Energy Regulatory Commission faces an uncertain future following the U.S. Supreme Court's blockbuster ruling that presidents have unlimited authority to fire members of independent agencies, which creates new risks for an energy industry that's used to regulatory continuity at FERC.

  • June 30, 2026

    Defamation Litigation Roundup: Tyra Banks, Carroll, ERISA

    In this month's review of defamation fights, Law360 highlights Tyra Banks' suit over a Netflix docuseries about her long-running modeling competition show, as well as a late-night television host's defeat of a case taking issue with a segment on Medicaid coverage in Iowa.

  • June 30, 2026

    Fed. Circ. Rejects Canal Contractor's $4M Adjustment Claim

    The Federal Circuit on Tuesday declined to grant a construction company's bid for a nearly $4 million adjustment under a U.S. Army flood control contract at a Louisiana canal after encountering construction issues, finding the solicitation did not mislead the company.

  • June 30, 2026

    Ariz. Voter Purge Remand Paused Pending High Court Appeal

    A district judge in Arizona has halted a remanded portion of a voting rights dispute in the state over voter roll purges until the U.S. Supreme Court can rule on a petition it agreed to hear from the Republican National Committee.

  • June 30, 2026

    Catholic Group's Land Use Case Headed Back To 6th Circ.

    A Michigan federal judge on Monday refused to reconsider her denial of partial summary judgment for Catholic Healthcare International in its land use suit over Genoa Township's denial of a permit for a religious campus but certified the denial for immediate interlocutory appeal to the Sixth Circuit in an effort to accelerate resolution of the long-running litigation.

  • June 30, 2026

    Justices Skip Pork Case Over Alito, Kavanaugh Objections

    The U.S. Supreme Court said Tuesday it will not review a challenge to a Massachusetts law restricting the sale of pork produced in tightly confined spaces, though Justices Brett Kavanaugh and Samuel Alito were in favor of hearing the case.

  • June 30, 2026

    Supreme Court To Hear Ohio Prayer Group Zoning Case

    The U.S. Supreme Court on Tuesday agreed to hear claims that the city of University Heights, Ohio, used its zoning code to prevent a man from holding a prayer gathering in his home, in a case that seeks to test the limits of municipal powers over the exercise of religion.

  • June 30, 2026

    Ga. Justices Take Up $1.5M Blue Ridge Runoff Dispute

    Georgia's Supreme Court has agreed to consider whether an appeals court was right to dismiss a case involving a property owner claiming a water runoff issue from the city of Blue Ridge resulted in $1.5 million in property damage.

  • June 30, 2026

    Roberto Clemente's Sons Ask Justices To Review TM Dispute

    The family of baseball legend Roberto Clemente wants the U.S. Supreme Court to decide whether governments can appropriate trademarks without triggering automatic compensation after the First Circuit rejected claims stemming from Puerto Rico's use of Clemente's name and likeness on license plates and vehicle tags.

  • June 30, 2026

    Justices Won't Hear MSPB Case After Slaughter Decision

    The U.S. Supreme Court Tuesday denied a former Merit Systems Protection Board member's bid to review a D.C. Circuit decision upholding her firing from the agency, following a Monday high court decision finding that presidents have unlimited authority to fire members of independent agencies.

  • June 30, 2026

    Fla. Judge Sues Gov. To Force Appointment Of Replacement

    A recently retired Florida judge sued Gov. Ron DeSantis on Tuesday, saying the governor is violating the state constitution by failing to appoint someone to fill the judge's vacated appellate seat.

  • June 30, 2026

    High Court Remands Geofencing Cases In Wake Of New Rules

    The U.S. Supreme Court on Tuesday ordered Texas' highest criminal court and the Eleventh Circuit to take fresh looks at a pair of criminal convictions in light of the justices' ruling this week that geofence warrants demanding smartphone users' location data are "searches" under the Fourth Amendment.

  • June 30, 2026

    Sotomayor Tells Judges To Eye Waivers Carefully After Hunter

    Justice Sonia Sotomayor on Tuesday urged judges to "consider carefully" whether to enforce collateral-review waivers in plea agreements after the high court's recent decision in Hunter v. U.S., but agreed with her fellow justices in declining to review a decision that may have left an "egregious error" in place.

  • June 30, 2026

    High Court Declines To Review Under-21 Gun Sale Bans

    The U.S. Supreme Court on Tuesday declined to review the constitutionality of laws banning the sale of firearms to people under 21, once again rejecting calls to consider a question that has sharply divided the lower courts.

  • June 30, 2026

    Ga. Justices Refuse To Take Up Drew Eckl's Arbitration Fight

    The Georgia Supreme Court on Tuesday denied Drew Eckl & Farnham LLP's bid to require a breakaway firm — founded by former Drew Eckl partners and others — to participate in arbitration in the fee dispute between the firm and ex-partners.

  • June 30, 2026

    Vice Chancellor Zurn Confirmed For Del.'s Supreme Court

    Delaware Vice Chancellor Morgan T. Zurn was confirmed Tuesday by the state's Senate to serve a 12-year term on Delaware's highest court, filling a seat that will be vacated by Justice Karen L. Valihura in July.

  • June 30, 2026

    Covington Beats Defamation Suit Over Soccer Abuse Report

    A Texas appellate court on Tuesday said the state's free speech law frees Covington & Burling LLP and the National Women's Soccer League from a defamation suit brought by a former Houston Dash coach over his inclusion in a report detailing purportedly abusive conditions in the sport.

Expert Analysis

  • 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.

  • 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.

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