Appellate

  • June 22, 2026

    Justices Seek Input On NJ State Bar Diversity Challenge

    The U.S. Supreme Court has asked the federal government to weigh in on a Garden State appellate court's decision that approved a New Jersey State Bar Association system for fostering diversity in its leadership that was accused of being discriminatory.

  • June 21, 2026

    DC Circ. Sends CFPB Layoff Fight Back To District Court

    The D.C. Circuit has declined to give the Trump administration an immediate green light for a plan to lay off around half of the Consumer Financial Protection Bureau's remaining workforce, instead handing it off for a Washington, D.C., federal judge to review first.

  • June 18, 2026

    Split 6th Circ. Revives Ohio's Social Media Age Limit Law

    A divided Sixth Circuit panel Thursday wiped out a lower court's order blocking an Ohio law barring social media companies from allowing children under 16 to create accounts without parental consent, ruling that the measure does not run afoul of the Constitution.

  • June 18, 2026

    NJ Panel Reverses Go-Ahead In Disabled Student Death Suit

    A New Jersey appellate panel on Thursday renewed a public school district's bid to exit a suit accusing it of causing the death of a 14-year-old special needs student, saying it was unclear whether there were "extraordinary circumstances" justifying allowing a late filed claims notice.

  • June 18, 2026

    Ex-Wells Fargo Rep Can't Get Whistleblower Pay At Fed. Circ.

    The Federal Circuit won't revive an ex-Wells Fargo employee's suit alleging the U.S. Department of Justice won't pay her share of a $2 billion payout that settled allegations the bank misled investors about troubled loans behind its residential mortgage-backed securities, ruling Thursday the U.S. Court of Federal Claims lacks jurisdiction to review the DOJ's decision.

  • June 18, 2026

    Split 9th Circ. To Rehear Ministry's Anti-LGBTQ+ Hiring Case

    The Ninth Circuit on Thursday nixed a panel's recent ruling that the First Amendment shields a Christian ministry's practice of rejecting gay job applicants, granting Washington state's bid for a full-court rehearing while drawing protest from one appellate judge that the court has "relegated religious liberty to a second-class right."

  • June 18, 2026

    Meta Can't Undo $35M Political Ad Penalty, Wash. Justices Say

    Most of the Washington State Supreme Court justices rejected Meta's First Amendment challenge to a state political advertising disclosure law in a divided opinion, while also spurning the social media giant's argument that a $35 million penalty against it violates the Constitution's prohibition on excessive fines.

  • June 18, 2026

    Bitcoin Thief Tells 2nd Circ. Resentence Violates Constitution

    Counsel for a convicted Florida bitcoin fraudster who was sentenced to 12 years in prison for failing to pay over $20 million in restitution stemming from his role in a crypto heist on Thursday told the Second Circuit that the lower court's resentencing trampled on the constitutional rights of her client, who "never got due process at any stage."

  • June 18, 2026

    Fatal Crash Was On Pathway, Not Street, Pa. Panel Rules

    A Philadelphia suburb can't be held liable for the death of a 73‑year‑old man who was allegedly run over by his older brother who was driving in a park, a Pennsylvania state appeals court ruled Thursday, saying the 9‑foot‑wide paved pathway the crash occurred on wasn't legally a street.

  • June 18, 2026

    Fla. Court Says Death Row Inmate's New Evidence Is Too Late

    The Florida Supreme Court on Thursday ruled that a death row inmate whose case has gone before the U.S. Supreme Court cannot bring a second postconviction relief motion in state court because a deadline in state law for bringing new evidence has passed.

  • June 18, 2026

    Fed. Circ. Again Revives Valve Bid To Ax Patent In $4M Verdict

    The Federal Circuit on Thursday gave Valve Corp. yet another chance to try to invalidate rival SCUF's video game controller patent underlying a $4 million verdict, ruling that, after the appeals court revived the effort, the trial judge wrongly said Valve's arguments are barred by a prior challenge.

  • June 18, 2026

    Full Fed. Circ. Skips DePuy Bid To Redo Spine Patent Dispute

    The full Federal Circuit won't revisit a panel decision that gave new life to an inventor's suit accusing DePuy Synthes Cos. of infringing his spinal realignment method patents, letting stand the decision that faulted a lower court's handling of expert testimony in the case.

  • June 18, 2026

    Split 9th Circ. Says Feds Must Follow ESA In Water Project

    A federal regulator must comply with the Endangered Species Act as it operates a water management initiative in southern Oregon and northern California, the Ninth Circuit ruled, without adjudicating particular usage rights among irrigators, tribes and others.

  • June 18, 2026

    Tort Report: Meta Set To Face Facebook Sex Trafficking Trial

    An upcoming trial in Texas for a first-of-its-kind case against Meta and claims against a health clinic owned by a U.S. senator lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • June 18, 2026

    Feds Must Still Restore 'Truthful History' In Parks Amid Appeal

    The Trump administration cannot delay restoring information about climate change, slavery and Indigenous history to National Park Service sites by the nation's 250th anniversary while it pursues an appeal, a Massachusetts federal judge ruled on Thursday.

  • June 18, 2026

    Pennsylvania Skill Games Ruling Ups Ante For New Rules

    The Pennsylvania Supreme Court's recent ruling that skill games are subject to the same oversight as slot machines is a catalyst for lawmakers to craft a taxation and regulation framework and fuel a revenue boost Gov. Josh Shapiro has envisioned for years, experts tell Law360.

  • June 18, 2026

    Anthropic Files Protective Appeal Of Pentagon Designation

    Anthropic has filed a protective petition challenging the U.S. Department of Defense's June 3 decision reaffirming the artificial intelligence giant's designation as a supply-chain risk, asking the D.C. Circuit to consolidate it with the designation challenge already pending before the appeals court.

  • June 18, 2026

    RFK Jr. Urges 1st Circ. To Reinstate His Vaccine Advisers

    U.S. Health Secretary Robert F. Kennedy Jr. told the First Circuit a Boston federal judge's decision to freeze his vaccine committee appointments lacks a legal foundation and has left the government paralyzed when it comes to vaccine policy.

  • June 18, 2026

    DirecTV, AGs Tell 9th Circ. Not To Curb Nexstar-Tegna Block

    DirecTV and a coalition of state attorneys general urged the Ninth Circuit not to narrow a district court preliminary injunction blocking Nexstar's purchase of Tegna, arguing the only way to preserve competition while the case proceeds is a full block, not one restricted to 31 overlapping broadcast markets.

  • June 18, 2026

    3rd Circ. Sides With NJ Transit In Whistleblower's Firing

    A Third Circuit panel on Thursday declined to reinstate a fired New Jersey Transit engineer's retaliation lawsuit, ruling that she hadn't shown that she was fired by anyone who knew about her whistleblower allegations that the agency had unsafe rail practices.

  • June 18, 2026

    10th Circ. Revives Air Force Chemical Cleanup Mandate Case

    The Tenth Circuit has revived a case alleging New Mexico exceeded its authority by requiring cleanup of so-called forever chemicals at a U.S. Air Force base in the state, finding the district court erred by claiming it did not have jurisdiction over the dispute.

  • June 18, 2026

    Mich. Panel Sanctions Atty Over AI-Hallucinated Cases

    A medical malpractice suit in the Michigan Court of Appeals led to financial sanctions against an attorney who the court said during litigation repeatedly cited nonexistent cases that were generated by artificial intelligence.

  • June 18, 2026

    3rd Circ. Rules Feds Can Replace Philly Slavery Exhibits

    The Third Circuit on Thursday held that the Trump administration can legally replace slavery exhibits at Independence Hall National Park in Philadelphia, reversing a lower court's ruling in favor of the city ordering the restoration of the previously removed informational panels.

  • June 18, 2026

    11th Circ. Revives Title IX Suit Over Football Team Hazing

    The Eleventh Circuit has revived an Alabama high school football player's suit against the school district and his former coach over incidents of sexual harassment by his teammates, finding that the allegations supported the student's Title IX and equal protection claims.

  • June 18, 2026

    Kalshi Urges 6th Circ. To Keep Tenn. Sports Contracts Online

    Kalshi has asked the Sixth Circuit to ensure that its sports contract offerings remain online in Tennessee while a lawsuit over their legality proceeds, once again drawing a bright line between its services and conventional sports betting.

Expert Analysis

  • 2nd Circ. Ruling Notably Limits Sentencing Courts' Discretion

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    The Second Circuit’s recent decision in U.S. v. Dralle clarifies the bounds of sentencing courts’ ability to consider uncharged or co-defendant conduct without tying it to statutory sentencing factors, and it may have broader implications for limiting loss attribution in white collar and other criminal cases, say attorneys at Lowenstein Sandler.

  • High Court's Hikma Decision Reshapes 'Skinny Label' Suits

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    The U.S. Supreme Court's decision in Hikma v. Amarin marks a significant victory for generic drug manufacturers, but rather than putting an end to so-called skinny label inducement claims, it narrows and refocuses them, say attorneys at Sterne Kessler.

  • Opinion

    At High Court, Oil Cos.' Suncor Preemption Claims Fall Short

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    In Suncor Energy v. Boulder County, pending before the U.S. Supreme Court, oil and gas companies argue that municipalities' climate deception claims are equivalent to emissions standards for their industry — but the suit is ultimately incapable of imposing such standards, say Thomas McGarity at the University of Texas School of Law and James Goodwin at the Center for Progressive Reform.

  • 3 Disgorgement Questions Linger After Justices' SEC Ruling

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    While the U.S. Supreme Court’s recent decision in Sripetch v. U.S. Securities and Exchange Commission avoided placing new limits on the SEC’s disgorgement powers, it passed over several questions, including whether the commission can seek disgorgement when returning the money to investors isn't possible, says David Slovick at Kopecky Schumacher.

  • Checking For AI Errors Is Now A Two-Way Street

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    A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

  • Opinion

    Federal Circuit Should Implement Mini En Banc Process

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    To fulfill its mission of uniformity in patent law while avoiding the challenges of en banc hearings, the Federal Circuit should institute mini en bancs — allowing regular three-judge panels to exercise en banc powers unless a majority of the court says otherwise, says Joshua Sohn at the U.S. Department of Justice.

  • What's Next After Justices' Last-Mile Driver Arbitration Ruling

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    The U.S. Supreme Court's recent decision in Flowers Foods v. Brock, refusing to narrow the scope of a Federal Arbitration Act exemption for workers engaged in interstate commerce, gives previously unprotected workers access to litigation, but preserves two potentially powerful arguments for future proceedings, say attorneys at Husch Blackwell.

  • Series

    The Biz Court Digest: Shoring Up Corporate Law In Maryland

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    Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

  • How End Of SEC 'Gag Rule' Affects Free Speech Certiorari Bid

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    The Securities and Exchange Commission's recent rescission of the so-called gag rule, which forbade defendants in settlements from denying the SEC’s allegations, may sway the outcome of a petition to the Supreme Court in a case challenging the rule on First Amendment grounds, say attorneys at Troutman.

  • 2nd Circ.'s Embedded Video Ruling May Protect Publishers

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    The Second Circuit's recent decision in Richardson v. Townsquare, dismissing an infringement claim arising from an embedding of a YouTube-hosted interview, reaffirms a potent defense for publishers who regularly use social media platforms' embed functionality, says Amanda Harris at Jassy Vick.

  • Federal Officer Removal After Justices' La. Pollution Ruling

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    In the wake of the U.S. Supreme Court's recent ruling in Chevron USA v. Plaquemines Parish, companies seeking to use federal officer removal to move litigation out of state court should ask three questions, focusing on government contract language, federally directed activity and related conduct, say attorneys at Hollingsworth.

  • Series

    Competing At Poker Makes Me A Better Lawyer

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    Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

  • Revisiting TransUnion's Underused Standing Rule, 5 Years On

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    The Ninth Circuit Court of Appeals' recent use of the U.S. Supreme Court’s now five-year-old TransUnion v. Ramirez rule specifying that the "mere risk of future harm" isn't concrete enough to support a damages claim presents an opportunity to revisit this underutilized standing rule, say attorneys at Horvitz & Levy.

  • 5 Things Associates Must Ask About Their Firm's Merger Plan

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    The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

  • Uncertainty Looms After Justices' Withdrawal Liability Ruling

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    The U.S. Supreme Court's recent holding in M&K Employee Solutions v. Trustees of the IAM National Pension Fund increases the unpredictability of withdrawal liability assessments, so employers should prepare for a range of assessments and be equipped to challenge unreasonable ones, say attorneys at Winston Taylor.

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