Appellate

  • July 10, 2026

    11th Circ. Refers Atty For Discipline Over Suspected AI Entries

    The Eleventh Circuit on Friday referred an attorney for potential discipline over a brief he filed in a client's retaliation lawsuit against the Florida Department of Corrections, ruling that the attorney failed to explain how several defective quotes and citations ended up in the brief.

  • July 10, 2026

    The Biggest TM Rulings Of 2026: A Midyear Report

    The Seventh Circuit placed limits on trademark plaintiffs in cases against foreign online sellers accused of counterfeiting, and the Trademark Trial and Appeal Board issued precedential decisions with fresh guidance on what marks can get on — or stay on — the federal trademark register. Here is Law360's list of the biggest trademark rulings so far this year.

  • July 10, 2026

    Over 2,600 Attys, Professionals Urge Blocking Blanche As AG

    More than 2,600 lawyers and legal professionals on Friday urged lawmakers to oppose the nomination of Todd Blanche for attorney general, saying Blanche's dismissal of the idea that the U.S. Department of Justice should be independent from the White House and his record as interim attorney general make him unfit for the role.

  • July 10, 2026

    Fla. High Court Backs Broad Reading Of Workers' Comp Law

    Florida's Supreme Court rejected an appeals court's narrow take on the state's workers' compensation law that shut down a manager's bid for benefits after he was shot while walking out of work, ruling he can get paid if he shows his work environment increased his risk of assault.

  • July 10, 2026

    Dissolved LLC Can't Revive Trade Secret Suit, 5th Circ. Says

    The Fifth Circuit has refused to revive a defunct Louisiana company's trade secret suit against a business that won a bid for certain onshore drilling assets and the bank that financed the buy, finding it dissolved itself before actually filing the case.

  • July 10, 2026

    Ex-Reed Smith Atty Fights Pausing Bias Suit Amid Appeal

    A former Reed Smith LLP attorney on Thursday pushed back on the firm's bid to stay her gender discrimination suit against it while the attorney's appeal of the scope of the damages in the suit plays out.

  • July 10, 2026

    8th Circ. Says SD Tribe Waited Too Long On School Debt Fight

    A panel of the Eighth Circuit has rejected a South Dakota tribe's appeal in a dispute with the U.S. Interior Department over millions of dollars of allegedly over-collected school funding debt, saying the tribe had ample opportunity to challenge the agency's findings yet chose not to do so.

  • July 10, 2026

    11th Circ. Upholds Airline's Win In COVID Discrimination Case

    A group of workers for a commercial airline and a related entity failed to support their claims that the companies' COVID-19 pandemic-era policies discriminated against their religious beliefs, the Eleventh Circuit ruled Friday, while sharply criticizing their attorney for his misuse of artificial intelligence.

  • July 09, 2026

    2nd Circ. Won't Halt Payout Of Trump's $5M To E. Jean Carroll

    The Second Circuit refused to halt an order requiring Donald Trump to pay a $5 million jury verdict finding he sexually abused writer E. Jean Carroll, while the New York district judge who issued the order explained it was time for Trump "to 'do equity'" and pay up.

  • July 09, 2026

    Ohio Justices Say Juries Can Sort Out Carbon-Copy Counts

    A divided Ohio Supreme Court held that in cases where a criminal defendant faces multiple carbon-copy charges in an indictment, jury instructions are not required to assign specific unique conduct to each count in order for a jury to convict.

  • July 09, 2026

    7th Circ. Upholds Ill. Ban On AR-15s, High-Capacity Magazines

    The Seventh Circuit on Thursday upheld an Illinois state law banning assault weapons and high-capacity magazines, reversing a lower court that deemed it unconstitutional and holding that restrictions on highly lethal, military-style weapons are "consistent with the principles that underpin our nation's tradition of firearm regulation."

  • July 09, 2026

    Fed. Circ. Doubts $9M Atty Fees Without Dismissal Attempt

    A Federal Circuit panel didn't seem swayed Thursday that ChromaDex's patent infringement suit against Elysium Health had any merit, but the judges struggled to understand why Elysium never tried to dismiss a case it believed was so weak.

  • July 09, 2026

    9th Circ. Spurns Doxo's Bid To Arbitrate Class Action

    The Ninth Circuit backed a Washington district court's decision to deny online bill-pay service Doxo Inc.'s bid to arbitrate class claims that it deceived customers by not disclosing fees upfront, saying the company waited too long and litigated too much before pushing for arbitration.

  • July 09, 2026

    Mass. Justices Affirm Posttrial Forensic Exam Of Cellphones

    Massachusetts' highest court said Thursday that a man convicted of murder may seek posttrial access to cellphones to look for potential evidence in support of a new trial, explaining that a 2012 statute expanding access to forensic testing for biological material also applies to digital and electronic evidence.

  • July 09, 2026

    5th Circ. Prods Highland-Affiliated Co. On Ex-CEO's 'Privity'

    A Fifth Circuit panel pressed an entity related to Highland Capital to explain why a fraudulent transfer claim against Highland's former CEO should stand following a separate consent judgment, asking when the former chief executive ceased to be "in privity with Highland."

  • July 09, 2026

    2nd Circ. Allows Suits Against Defunct $1B Fund's Underwriter

    Investors in a defunct $1 billion mutual fund can continue to pursue state court lawsuits against the fund's underwriter over the objections of the special master appointed to oversee the fund's reserves, the Second Circuit ruled on Thursday. 

  • July 09, 2026

    Transportation Cases To Watch: Midyear Report 2026

    Clashes over the Trump administration's bid to void California's vehicle emissions standards, federal restrictions on commercial drivers' licenses for foreign truckers and Boeing 737 Max securities litigation involving class certification standards are among the court battles that transportation attorneys are monitoring in the latter half of 2026.

  • July 09, 2026

    Conn. Justices Back Dem Leader's Ballot Fraud Conviction

    The Connecticut Supreme Court on Thursday affirmed the forgery and false statements convictions of Stamford Democratic party leader John Mallozzi, rejecting his claim that a judge should have allowed him to present an undisclosed, last-minute handwriting expert at his absentee ballot fraud trial.

  • July 09, 2026

    3rd Circ. Unsure DHS Can Deny Virtual Access For Detainees

    The Third Circuit seemed skeptical of the federal government's argument Thursday that it had no obligation to offer immigrant detainees virtual access to state criminal courts, questioning whether the U.S. Department of Homeland Security was denying detainees' rights to a speedy trial or access to evidence.

  • July 09, 2026

    Fla. Justices Back Toss Of Sham Publix Slip-And-Fall Suit

    The Florida Supreme Court on Thursday backed the dismissal of a woman's slip-and-fall complaint against Publix Supermarkets Inc., rejecting an appellate panel's use of a more stringent standard to determine if discretion was abused when tossing the lawsuit due to fraud on the court. 

  • July 09, 2026

    Photographers Group Rebuts Judiciary On Court Cameras

    The National Press Photographers Association pushed back on the federal judiciary's claims that allowing cameras in courtrooms would be problematic.

  • July 09, 2026

    Insurer Says Freight Cos. Blew Coverage Of $59M Judgment

    An insurer defending two freight companies as they appeal a $59 million personal injury judgment against them urged a New Jersey federal court to find they aren't owed any coverage because, the insurer alleged, they went behind the insurer's back by working with the injured motorist.

  • July 09, 2026

    Calif. Tribe Asks High Court To Revive Card Check Award Row

    A California Native American tribe has urged the U.S. Supreme Court to correct an arbitration award requiring it to follow the guidelines for union representation elections in its 2017 agreement with UNITE HERE, arguing that the award invalidated a tribal law that superseded the tribe's agreement with the union.

  • July 09, 2026

    NJ Justices OK Review Of Accuser's Mental Health Records

    A divided New Jersey Supreme Court ruled Thursday that a criminal defendant accused of sexually assaulting his niece made the rare showing required to obtain a judge's private review of the alleged victim's mental health records, finding a trial court properly applied the state's heightened discovery standard.

  • July 09, 2026

    Okla. Tax Officials Say McGirt Can't Upend Osage Ruling

    Oklahoma tax officials say the Osage Nation can't rely on a 2020 landmark U.S. Supreme Court ruling to overturn a decision that declined to vacate a 16-year-old determination that its reservation boundaries had been disestablished, telling the Tenth Circuit that the tribe's challenge is too late.

Expert Analysis

  • After Durnell, Connecting Science And Causation Will Be Key

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    The U.S. Supreme Court's June 25 decision in Monsanto v. Durnell narrowed label-based failure-to-warn claims — meaning that going forward, viable theories will depend even more on whether experts can reliably connect scientific evidence to the causal proposition the law requires, says Alex Smolak at Weill Cornell Medicine-Qatar.

  • Series

    Choral Singing Makes Me A Better Lawyer

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    Singing in the New York City Bar Chorus — a hobby partly inspired by the late U.S. District Judge Richard Owen, who infused my clerkship year with opera music — has improved my legal career by refining my abilities to listen, exude confidence and develop emotional intelligence, says Bonnie Baker at Friedman Kaplan.

  • Attorney Mental Health Is An Ethical Obligation In The AI Era

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    As attorneys cope with the increasing unpredictability that artificial intelligence and constant policy changes have created, particularly in practice areas where they carry the emotional weight of clients’ most consequential life events, otherwise soft discussions about self-care are a matter of professional competence, says attorney Jack Jrada.

  • Tariff Refunds May Reshape Loan Covenant Calculations

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    Tariff refunds issued after the U.S. Supreme Court's Learning Resources decision may complicate borrowers' covenant calculations depending on accounting treatment, the timing of recognition, customer reimbursement obligations and credit agreement language, say attorneys at Mayer Brown.

  • The Case For Using Final-Offer Damages Forms In IP Suits

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    Recent Federal Circuit decisions, such as Ollnova v. Ecobee, that scrutinize verdict forms in patent infringement disputes potentially render the final-offer damages selection procedure more attractive, though it should not be seen as a replacement for patent damages doctrine, says Brandon Theiss at Addy Hart.

  • NY Defamation Carveout Hinges On Causation, Not Labels

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    A New York federal court's decisions in two cases involving tortious interference claims, and the recent Second Circuit ruling in Satanic Temple v. Newsweek Digital, highlight that the dispositive question for alleged defamation is whether injury flows through reputation or through direct interference with a relationship, says attorney Andrea Natale.

  • The Hidden Settlement Problem In Complex Securities Cases

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    The Second Circuit's recent decision in Knapp v. Barclays is a reminder that in securities cases with complex corporate records, the tracing picture is rarely as settled as the complaint suggests, and that conversations in the early stages require everyone to work from the same underlying facts, says Peter Kamminga at JAMS.

  • Key Tips For Patenting Antibody-Drug Conjugate Inventions

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    Recent decisions highlight the significant challenges that can arise when patenting antibody-drug conjugates, which require strategic considerations for satisfying heightened written description and enablement requirements, says Xiaoban Xin at FisherBroyles.

  • Series

    Power To The Paralegals: Burnout As A Structural Problem

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    Law firm leadership can best retain their paralegals not by encouraging self-care, but by seeking top-down structural solutions for the quiet proliferation of responsibilities and the vicarious exposure to client trauma that particularly drive burnout in this vital role, says Erika Sneeringer at Brockstedt Mandalas.

  • Managing Post-IEEPA Tariff Refunds, Replacements And Risks

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    Companies and investors reeling from the rapid changes resulting from February's U.S. Supreme Court ruling that the International Emergency Economic Powers Act doesn't authorize tariffs should focus on understanding the duty refund process, the likely replacement tariffs and the operational ways they can minimize their tariff exposure, say attorneys at Debevoise.

  • 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.

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