Appellate

  • September 26, 2025

    High Court Pauses Distribution Of $4B Foreign Aid

    The U.S. Supreme Court ruled Friday that the Trump administration can hold onto $4 billion in frozen foreign aid funding while Congress considers a proposal to cut it, pausing a lower court order that required the federal government to spend the money before the end of the month.

  • September 26, 2025

    Calif. Justices Approve Changes To Bar Exam Oversight Rule

    The California Supreme Court has approved amendments to the state rules of court, in part to clarify oversight of the California bar exam in the wake of a botched administration in February.

  • September 26, 2025

    Texas High Court Won't Redo Med Mal Nonprofit Liability Case

    The Texas Supreme Court said Friday it won't disturb its May ruling that nonprofit health organizations can be sued for the alleged medical malpractice of one of their physician employees.

  • September 26, 2025

    Texas Justices To Review Atty Fee Dispute Over Criminal Case

    The Texas Supreme Court on Friday agreed to wade into a fees dispute between a law firm and its former client in a criminal matter, with the high court's review likely to touch on the scope of a 30-year-old doctrine concerning the ability of criminal defendants to sue their defense lawyers after being convicted.

  • September 26, 2025

    Oregon Urges 9th Circ. To Revive Cannabis Labor Peace Law

    Oregon officials urged the Ninth Circuit on Thursday to reverse a lower federal judge's decision that blocked enforcement of a voter-approved law requiring licensed cannabis businesses to enter into labor peace pacts with their workers.

  • September 26, 2025

    Justices Urged To Review Suit Over Mich. City Tenant Info Law

    Real estate companies have pressed the U.S. Supreme Court to review a Sixth Circuit decision upholding the dismissal of a constitutional contract claim in their suit against a Michigan city over a law requiring commercial landlords to provide prospective tenant information in order to obtain a license to rent to them.

  • September 26, 2025

    Calif. Fights Biz Groups' Bid To Halt Climate Disclosure Rules

    California asked the Ninth Circuit to reject business groups' effort to halt two new state climate regulations requiring large companies to publicly disclose their greenhouse gas emissions and climate-related financial risks.

  • September 26, 2025

    4th Circ. Says NC Man's Abuse Of Trust Justifies Sentence

    The Fourth Circuit on Friday affirmed a North Carolina man's 33-month sentence for engineering an investment fraud scheme in which he pretended to be a successful day trader, finding he had abused his position of trust sufficient to support a sentencing enhancement.

  • September 26, 2025

    Oysters Not Covered By Drug Forfeiture Law, Court Rules

    Massachusetts' intermediate appellate court on Friday found that the commonwealth may not apply the same forfeiture laws used for seized drugs to 1,600 wild oysters, though it nonetheless upheld the taking of the allegedly ill-gotten mollusks.

  • September 25, 2025

    Justice Thomas Says High Court Precedent Isn't 'Gospel'

    U.S. Supreme Court Justice Clarence Thomas said Thursday that he doesn't view the high court's prior rulings as "the gospel," and that any precedent that doesn't respect the U.S. Constitution or the country's legal traditions is ripe for reconsideration.

  • September 25, 2025

    Standing Questions Loom In Mozambique LNG Loan Dispute

    The requirements for organizational standing dominated much of Thursday's oral argument over the Export-Import Bank of the United States' decision to back a massive liquefied natural gas project in Mozambique, as the challengers sought a preliminary injunction that could hinge on recent standing rulings from the D.C. Circuit and U.S. Supreme Court.

  • September 25, 2025

    Ex-Highland CEO Tells High Court Judge's Novels Show Bias

    The founder and president of hedge fund Highland Capital Management has asked the U.S. Supreme Court to weigh in on a bankruptcy judge's refusal to recuse herself from proceedings involving the company after she published two novels that he says contain veiled commentary about the case.

  • September 25, 2025

    Pa. Justices Say Child Arbitration Invalid Despite Parents' OK

    The Pennsylvania Supreme Court ruled Thursday that parents signing waivers at attractions like trampoline parks cannot bind their children or spouses to arbitration, in twin injury suits seeking to hold Sky Zone liable for two minors' injuries.

  • September 25, 2025

    CashCall Urges Justices To Overturn $134M CFPB Award

    CashCall is asking the U.S. Supreme Court to overturn a Ninth Circuit order that left the loan company on the hook for $134 million in restitution to the Consumer Financial Protection Bureau, despite the firm's insistence that conflicting precedent deprived it of its right to a jury trial.

  • September 25, 2025

    Rap Song Can't Be Used To Prove Rap Sheet, NY Court Says

    A criminal defendant's rap song should not have been allowed as evidence that he enabled a murder, a New York state appeals court ruled, granting a new trial in a case that saw Brooklyn prosecutors put one of their own on the stand on a moment's notice as a slang expert.

  • September 25, 2025

    Mining Cos. Look To Revive $50M Zimbabwe Award Suit

    Two Mauritian mining companies will look to challenge a D.C. Circuit decision nixing their lawsuit to enforce an 11-year-old, $50 million arbitral award against Zimbabwe stemming from an ill-fated mining deal, according to documents made public this week.

  • September 25, 2025

    NJ Justice Hints 'Essential' A Key Term In Benefits Case

    New Jersey Supreme Court Justice Rachel Wainer Apter asked Thursday if a worker can be considered an "essential employee" under an executive order but not under a COVID-19 law governing workers' compensation, as the court considered a school district's bid to deny the designation to a deceased teacher.

  • September 25, 2025

    NY Court Vacates Guilty Plea Over Impossible Plea Agreement

    A New York state appeals court on Thursday vacated a plea agreement after finding it contained a requirement that a defendant complete a substance abuse program despite not being eligible for enrollment.

  • September 25, 2025

    Chicago Man Forged Signatures Of Federal Judges, Feds Say

    A Chicago man has been indicted for forging the signatures of two Illinois federal judges on various court filings in an attempt to get around an order restricting his ability to file new cases, according to an announcement made by the U.S. Department of Justice on Thursday.

  • September 25, 2025

    Amazon Denied Quick Appeal Of Massive Antitrust Class Cert.

    The Ninth Circuit has rejected a petition from Amazon seeking permission to immediately appeal an order certifying a class of roughly 300 million consumers in a sweeping antitrust case accusing the e-commerce giant of inflating prices through its merchant policies.

  • September 25, 2025

    Fed. Circ. Snubs Patent Atty's Bid To Join Toddler Mat IP Case

    The Federal Circuit on Thursday denied an attorney's bid to appear in a patent infringement case over toddler dining mats, in which the lower court found that his misrepresentation of prior art during prosecution was "purposeful, deliberate, and egregious."

  • September 25, 2025

    6th Circ. Backs Rock Singer's Win In Arson Coverage Dispute

    The Sixth Circuit on Thursday affirmed that rock singer John Falls can still recoup a portion of the $2.5 million that a Hanover Insurance unit was ordered to pay for music equipment that was lost in an arson at a House of Blues recording studio.

  • September 25, 2025

    Pa. Justices Say Gov't Must Show Proof Of 'High-Crime Areas'

    The Pennsylvania Supreme Court on Thursday ruled that police detention of a person based in part on their presence in a "high-crime area" must be supported by proof that the area is actually high in crime, but declined to create strict rules or tests to make that designation.

  • September 25, 2025

    Pa. Justices Allow Utilities To Deny Rivals' Billing For Add-Ons

    Electricity distributors in Pennsylvania can apply add-ons to their customers' bills for things like smart thermostats, line insurance and tree trimming while denying the same "on-bill billing" service to third-party electricity providers, the state Supreme Court ruled Thursday.

  • September 25, 2025

    6th Circ. Rejects GOP's Challenge To Michigan Voter Rolls

    The Sixth Circuit rejected the Republican National Committee's bid to purge ineligible voters from Michigan's voter rolls on Thursday, finding the party lacked standing.

Expert Analysis

  • Indemnity Lessons From Mass. Construction Defect Ruling

    Author Photo

    The Massachusetts high court's decision in Trustees of Boston University v. CHA, holding that a bespoke contractual indemnity provision means that a construction defect claim is not subject to Massachusetts' statute of repose, should spur design and construction professionals to negotiate limited provisions, says Christopher Sweeney at Conn Kavanaugh.

  • Series

    Volunteering At Schools Makes Me A Better Lawyer

    Author Photo

    Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.

  • Justices' Ruling Lowers Bar For Reverse Discrimination Suits

    Author Photo

    The U.S. Supreme Court's unanimous opinion in Ames v. Ohio Department of Youth Services, lowering the evidentiary burden for plaintiffs bringing so-called reverse discrimination claims, may lead to more claims brought by majority group employees — and open the door to legal challenges to employer diversity, equity and inclusion initiatives, say attorneys at Ice Miller.

  • Fed's Crypto Guidance Yank Could Drive Innovation

    Author Photo

    The Federal Reserve Board's recent withdrawal of guidance letters brings regulatory consistency and broadens banks' ability to innovate in the crypto-asset space, but key distinctions remain between the Fed's policy on crypto liquidity and that of the other banking regulators, says Dan Hartman at Nutter.

  • Attacks On Judicial Independence Tend To Manifest In 3 Ways

    Author Photo

    Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.

  • Statistics Tools Chart A Path For AI Use In Expert Testimony

    Author Photo

    To avoid the fate of numerous expert witnesses whose testimony was recently deemed inadmissible by courts, experts relying on artificial intelligence and machine learning should learn from statistical tools’ road to judicial acceptance, say directors at Secretariat.

  • High Court Birthright Case Could Reshape Judicial Power

    Author Photo

    Recent arguments before the U.S. Supreme Court in cases challenging President Donald Trump’s birthright citizenship executive order primarily focused on federal judges’ power to issue nationwide injunctions and suggest that the upcoming decision may fundamentally change how federal courts operate, says Mauni Jalali at Quinn Emanuel.

  • Ore. High Court Ruling Widens Construction Defect Coverage

    Author Photo

    A recent Oregon Supreme Court decision, Twigg v. Admiral Insurance, dispels the myth that a contractor's liability for defective work is uninsurable if pursued as a breach of contract, say attorneys at Stoel Rives.

  • Justices Hand Agencies Broad Discretion In NEPA Review

    Author Photo

    By limiting the required scope of reviews under the National Environmental Policy Act, the U.S. Supreme Court's recent ruling in Seven County Infrastructure Coalition v. Eagle County could weaken the review process under NEPA, while also raising questions regarding the degree of deference afforded to agencies, say attorneys at Foley Hoag.

  • Series

    Law School's Missed Lessons: Appreciating Civil Procedure

    Author Photo

    If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.

  • Appellate Guidance Needed On California Chatbot Litigation

    Author Photo

    There is wide variation in how courts are applying the California Invasion of Privacy Act against website owners that allegedly help third parties spy on visitors via chatbots — and the lack of appellate rulings creates uncertainty, especially as these cases move toward the summary judgment stage, say attorneys at Crowell & Moring.

  • Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use

    Author Photo

    The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.

  • The Sentencing Guidelines Are Commencing A New Era

    Author Photo

    Sweeping new amendments to the U.S. sentencing guidelines — including the elimination of departure provisions — intended to promote transparency and individualized justice while still guarding against unwarranted disparities will have profound consequences for all stakeholders, say attorneys at Blank Rome.

  • Justices Widen Gap Between Federal, Calif. Enviro Reviews

    Author Photo

    While the U.S. Supreme Court's recent opinion in Seven County Infrastructure Coalition v. Eagle County, Colorado, narrowed the scope of National Environmental Policy Act reviews, it may have broadened the gulf between reviews conducted under NEPA and those under the California Environmental Quality Act, say attorneys at Hanson Bridgett.

  • In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable

    Author Photo

    The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Appellate archive.