Appellate

  • June 29, 2026

    Justices Won't Hear Mom's Copyrighted School Survey Fight

    The U.S. Supreme Court on Monday declined to take up a Kentucky mother's bid to resolve whether federal or state courts have authority to decide if copyright's fair use doctrine allows her to obtain a copy of a student mental-health survey from her child's school district.

  • June 29, 2026

    Justices To Weigh If Asylum Termination Bars Green Cards

    The U.S. Supreme Court said Monday it will review a split Second Circuit decision holding that noncitizens whose asylum status was terminated after criminal convictions are no longer eligible to seek green cards.

  • June 29, 2026

    Supreme Court Shuts Down 4 Patent Cases

    The U.S. Supreme Court turned down four petitions over patent law Monday, meaning it won't review questions related to prosecution laches, jury verdicts, patent eligibility and marking.

  • June 29, 2026

    Justices Decline Spain, Russia Sovereign Immunity Cases

    The U.S. Supreme Court on Monday opted to pass on reviewing two cases relating to the Foreign Sovereign Immunities Act's arbitration exception, a decision that clears a path for creditors looking to enforce arbitral awards worth hundreds of millions of dollars against Spain and Russia.

  • June 29, 2026

    Justices Seek SG's Input On Undated Mail Ballots In Pa.

    The U.S. Supreme Court has asked the federal government to weigh in on a case to determine if defects like missing or incorrect dates can invalidate mail-in ballots, after the Republican National Committee intervened to uphold such a rule in Pennsylvania.

  • June 29, 2026

    Justices Turn Away Case Challenging SEC's 'Gag Rule'

    The U.S. Supreme Court on Monday said it would not hear a constitutional challenge to a now-rescinded U.S. Securities and Exchange Commission policy that prohibited defendants from denying allegations against them when settling an enforcement action with the agency.

  • June 29, 2026

    High Court Takes Up Coffee Drink Co.'s TM Fight With Pepsi

    The U.S. Supreme Court on Monday agreed to hear a trademark dispute between PepsiCo and the maker of Rise nitro cold-brew coffee drinks, teeing up a case over whether judges or juries should decide a mark's inherent strength when assessing whether consumers are likely to be confused.

  • June 29, 2026

    High Court Will Hear Arizona Voter ID Challenge

    The Supreme Court on Monday agreed to take a petition from the Republican National Committee seeking to undo a Ninth Circuit decision to partially invalidate certain provisions of two Arizona laws that require proof of citizenship to vote by mail and in presidential elections.

  • June 29, 2026

    Justices Turn Away NY Healthcare Workers' Vax Bias Suit

    The U.S. Supreme Court declined on Monday to hear a lawsuit accusing a New York healthcare system of unlawfully firing dozens of employees who requested religious exemptions from its COVID-19 vaccination policy, despite the workers' argument that the Second Circuit gave more credence to state law than their religious rights.

  • June 29, 2026

    Justices Skip New York Health Workers' Fight Over Vax Rule

    The U.S. Supreme Court refused Monday to take up religious healthcare workers' challenge to a pandemic-era New York state policy requiring healthcare providers to make their employees get vaccinated against COVID-19, drawing a dissent from Justices Neil Gorsuch, Clarence Thomas and Samuel Alito.

  • June 29, 2026

    Top Court Won't Hear Trump Appeal Of $5M Carroll Verdict

    The U.S. Supreme Court refused Monday to review President Donald Trump's appeal of a $5 million sexual abuse and defamation verdict in favor of writer E. Jean Carroll.

  • June 29, 2026

    High Court Passes On Ex-Officer's Disability Bias Suit

    The U.S. Supreme Court declined Monday to wade into a former Michigan Department of Corrections officer's lawsuit claiming he was fired for requesting lighter duties following a hip injury, leaving in place the Sixth Circuit's decision that a law barring disability bias in federally funded programs doesn't prohibit retaliation.

  • June 26, 2026

    Texas Justices Revive Woman's Detransition Malpractice Suit

    The Texas Supreme Court revived a young woman's claims against a counselor for negligently recommending gender-affirming care, saying Friday that the clock started ticking on the woman's medical malpractice claims after the completion of treatment with her counselor.

  • June 26, 2026

    Trump Wants Justices To Back No-Bond Policy For Migrants

    President Donald Trump's administration has asked the U.S. Supreme Court to rule that noncitizens arrested in the U.S. interior are not entitled to bond hearings, calling it a "critically important question of immigration law that has divided the courts of appeals."

  • June 26, 2026

    'Millennial VC' Says Atty Failure Warrants New Fraud Trial

    A venture capitalist dubbed the "Millennial VC" asked a California federal judge for a new trial on charges he misappropriated $19 million, saying his trial counsel failed him by not considering hiring a forensic accountant to rebut a key government expert regarding the money trails that supposedly enabled wanton misspending.

  • June 26, 2026

    4 Takeaways From The High Court's Monsanto Ruling

    The U.S. Supreme Court's highly anticipated ruling this week in favor of Monsanto over its blockbuster pesticide Roundup established that a pesticide's labeling must meet federal standards, ensuring that businesses don't have to comply with a variety of potentially conflicting state laws.

  • June 26, 2026

    Elite Schools Must Face Aid-Fixing Trial First, Appeal Later

    Cornell University and certain other elite schools defending against students' accusations that they illegally conspired to fix their financial aid offerings will not be able to challenge an order sending those claims to trial before a jury resolves them first, an Illinois federal judge has ruled.

  • June 26, 2026

    PACER Fees Will Rise To Fund Cyber Defense Upgrades

    The federal judiciary announced Friday it will temporarily increase the fees for electronic access to court records to pay for a potential $800 million upgrade that will modernize and strengthen court records systems PACER and CM/ECF, an upgrade it previously said is needed to respond to escalating cyberattacks.

  • June 26, 2026

    Georgia Cases To Watch In The Last Half Of 2026

    Georgia faces major litigation in the second half of 2026, including disputes over data center growth, PFAS contamination and whether companies can be forced to fund medical monitoring for people alleging no current injuries. Here, Law360 highlights some of the biggest cases to keep an eye on in the Peach State.

  • June 26, 2026

    Texas Justices Revive Fraud Suit Over Criminal Defense Fees

    The Texas Supreme Court gave a man convicted of aggravated assault another chance to claim his defense attorneys are liable for fraud, saying Friday that the doctrine that generally bars criminal defendants from suing their attorneys doesn't immunize defense counsel from tort claims.

  • June 26, 2026

    Panhandling Ban In Fla. City Unconstitutional, 11th Circ. Says

    The Eleventh Circuit ruled Friday that a city ordinance in Daytona Beach, Florida, criminalizing panhandling is unconstitutional, but vacated part of an injunction blocking its enforcement after finding that the plaintiffs did not have standing to challenge every provision of the ordinance.

  • June 26, 2026

    En Banc 4th Circ. Splits Over Stay Of DOD HIV Enlistment Ban

    The Fourth Circuit voted en banc Thursday to grant the federal government's bid to pause a lower court's permanent injunction blocking its policies excluding HIV-positive individuals from enlisting in the military, with a dissenting appellate judge writing that "the government is playing games!"

  • June 26, 2026

    Mass. Panel Revives Suit On Prison 'Anti-Racist' Book Ban

    A Massachusetts intermediate-level appeals court on Friday ruled that an incarcerated man's lawsuit can move forward alleging he was unconstitutionally denied access to a copy of "anti-racist material," despite a claim by prison administrators that the book's cover is racially charged.

  • June 26, 2026

    Messner Reeves Says $8.3M Fraud Suit Repeats Utah Case

    Colorado law firm Messner Reeves LLP has claimed in federal court that a lawsuit accusing it of stealing more than $8 million as part of a fraudulent loan scheme should be dismissed because the plaintiffs' Racketeer Influenced and Corrupt Organizations Act claims were dismissed by another court with prejudice.

  • June 26, 2026

    Contractor Not Liable For 'Obvious Danger': Texas Justices

    The Texas Supreme Court did away with an injured roofer's $4.6 million verdict against a general contractor, saying Friday that an independent contractor like the roofer cannot recover in the case of an "open and obvious danger."

Expert Analysis

  • Opinion

    Rule Of Law Requires Gov't Engagement With Bar, Not Retreat

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    A federal agency's absence from national and local bar conferences, most recently illustrated by the U.S. Department of Justice's withdrawal from a New York City Bar Association white collar conference, disserves the bar, the government lawyers themselves and, ultimately, the administration of justice, says Muhammad Faridi at Linklaters.

  • Fed. Circ. Clarifies Standard For Contesting CICA Overrides

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    The Federal Circuit's recent holding in Life Science Logistics strengthens the hand of protesters facing an override of the Competition in Contracting Act stay, and a Court of Federal Claims decision the same day demonstrates that how a protester frames its requested relief remains critically important, says Richard Arnholt at Bass Berry.

  • The Paradoxical Duty To Adopt AI When You Can't Bill For It

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    Both billing for hours saved using artificial intelligence and preserving billable time by not adopting AI may violate rules of professional conduct, but until bar associations' ethics rules catch up to this emerging economic dilemma, firms must decide how to adjust fee structures themselves, says Ines Lassalle at Peyrot & Associates.

  • 4 Emerging Limits Of Employer Mental Health Notice Defense

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    A California appeals court's recent decision in Husband v. Target, addressing when an employer knows about an employee's undisclosed disability, leaves open questions about how changes in mental health awareness and workforce monitoring tools may raise the bar for what employers can claim not to know, says Benjamin Heller at RFZ Law.

  • Raptors Ruling Shows Risks Of Calif. Enviro Suit Intervention

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    Intervention in California environmental litigation can allow businesses to help defend agency approvals, but after a state appeals court's recent ruling in Raptors Are the Solution v. CropLife America, it is clear that intervention also carries a price — and that courts will hold parties accountable for the full arc of their litigation conduct, says Thierry Montoya at FBT Gibbons.

  • A Decade Later, Escobar Is Still Shaping FCA Cases

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    The U.S. Supreme Court's decision 10 years ago in Universal Health Services v. U.S. ex rel. Escobar changed the way in which lower courts evaluate False Claims Act cases — and the ruling remains vital in nearly every FCA case filed today, say attorneys at Bradley Arant.

  • Sripetch May Prove To Be An Empty Victory For The SEC

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    The U.S. Supreme Court's recent decision in Sripetch v. U.S. Securities and Exchange Commission held that the SEC need not prove pecuniary harm for disgorgement, but if the commission must still identify victims and distribute funds in a compensatory way, it faces the same economic problem as before the ruling, says Erin Smith at Compass Lexecon.

  • 9th Circ. Cooler Ruling Chills 1st Mover Lanham Act Claims

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    The Ninth Circuit's recent decision in Vericool World v. Igloo Products that Vericool's claim of being first-to-market with an ecocooler was not actionable under the Lanham Act largely foreclosed false advertising litigation over first mover status, so potential plaintiffs should instead look to patent counseling or intellectual property strategy for these claims, say attorneys at Manatt.

  • Mapping 5 Fronts Of The Prediction Markets Regulatory Battle

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    The legal framework governing prediction markets is under simultaneous challenge in five independent areas, and the outcomes will determine not just who can operate prediction markets, but the compliance obligations of every participant in the ecosystem, says Ivor Wolk at Manatt.

  • Patent Ruling Highlights Risks Of Late Inventorship Fixes

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    The Federal Circuit's recent decision in Implicit v. Sonos demonstrates the risk of forfeiture with retroactive correction of inventorship in inter partes review proceedings, with a clear message to the patent community that potential inventorship issues should be considered at every stage of a patent's life cycle, say attorneys at BCLP.

  • Adjusting IPR Tactics As Google Fights 'Settled Expectations'

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    Google’s petition for the U.S. Supreme Court to scrutinize the Patent Trial and Appeal Board's so-called settled expectations practice underscores why accused infringers facing older asserted patents should treat discretionary denial as a case-dispositive risk from day one, says attorney Abdul Abdullahi.

  • 3 Misconceptions About Justices' FCC Fines Ruling

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    The U.S. Supreme Court's June 4 Federal Communications Commission v. AT&T decision rejecting AT&T’s and Verizon’s argument that the commission's forfeiture process violates the Seventh Amendment has yielded three common reactions that misunderstand the decision as a matter of law and how the FCC actually operates, says Samuel Feder at Jenner & Block.

  • SEC Disgorged Fund Distribution Is Next Query After Sripetch

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    Following the Supreme Court's Sripetch v. U.S. Securities and Exchange Commission decision, investor harm isn't required for the SEC to obtain a disgorgement award, but future cases must resolve whether the commission will be freed from a requirement to distribute disgorged funds to the victims of alleged misconduct, says Daniel Walfish at Katsky Korins.

  • If Upheld, Wash. Millionaire Tax Could Upend State Law

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    The Washington Supreme Court could open the door to broader income, rental and corporate taxes if it defies precedent and the historically established desires of voters by redefining the state constitution's concepts of “income” and “property” to uphold a new tax on wages over $1 million, says Richard Birmingham at Davis Wright.

  • Trump Admin's Agency Records Purge Tests Judicial Notice

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    While courts commonly take judicial notice of data in government websites and reports, the Trump administration's recent modification or wholesale deletion of these sources means that litigants must look elsewhere to support trial admission of this information, says Jon Gryskiewicz at Lewis Baach.

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