Appellate

  • August 10, 2026

    Mich. Transit Authority Can Call County Atty In Board Dispute

    The Bay Area Transportation Authority may call a Grand Traverse County attorney as a witness in a dispute over appointments to its board, a Michigan appellate panel ruled, finding the attorney's late addition to the witness list would not prejudice the county.

  • August 10, 2026

    Fed. Circ. Reverses PTAB On Prior Art Issue Over Dental IP

    The Federal Circuit on Monday reversed a Patent Trial and Appeal Board decision that invalidated a group of claims in a Dental Monitoring SAS dental imaging patent, finding that a previous provisional patent application was missing a written description and thus can't be used as prior art.

  • August 10, 2026

    8th Circ. Nixes Native American Worker's Race Bias Suit

    The Eighth Circuit on Monday upheld a clinical research institute's defeat of a lawsuit from a former manager who said she was laid off because she's Native American, siding with the institute's assertion that she was let go for budgetary reasons because her position was funded with internal money.

  • August 10, 2026

    Fed. Circ. Reverses Ax Of Commerce Duty Review Deadline

    The U.S. Department of Commerce's 15-day preliminary deadline for indicating interest in a sunset review of duty orders is within the department's statutory authority, a Federal Circuit panel ruled, reversing a U.S. Court of International Trade ruling spiking the deadline.

  • August 10, 2026

    Mich. Panel Revives Sewage Damage Suits Over Service Fight

    Minor procedural variations in service do not warrant dismissal of a case as long as defendants are adequately informed of the pending litigation, a Michigan Court of Appeals panel said in a published opinion Thursday.

  • August 10, 2026

    Conn. Justices Order New Murder Trial Over Cell Data Flub

    The Connecticut Supreme Court on Monday said a lower court was correct to vacate a felony murder conviction based on a defense lawyer's failure to question a police expert about an animation that purported to pinpoint a defendant's cellphone movements based on tower location data.

  • August 10, 2026

    Mass. Court Says Insurer Must Defend Doctor In Stalking Case

    Massachusetts' highest court has ruled that an insurance company must defend a doctor in disciplinary proceedings for allegedly stalking and harassing a patient to whom he prescribed an addictive medication for several years.

  • August 10, 2026

    NJ Justices Rule No Purpose Needed In Takings Ordinances

    The New Jersey Supreme Court on Monday held that municipalities do not need to state the public purpose for which private property is being taken within the measure authorizing condemnation, backing a lower court's finding that a borough properly used eminent domain to take over a 50-room motel where it plans to provide parking and electric vehicle charging.

  • August 10, 2026

    3rd Circ. Shuts Down Driver's CBS, Teamsters Retaliation Suit

    The Third Circuit declined Monday to reinstate a driver's suit claiming he was blocked from working on CBS film sets out of age bias and for complaining that Teamsters leaders were handing jobs to their friends, ruling that his case fell apart because the union didn't make hiring decisions.

  • August 10, 2026

    Biz Owners Appeal Morgan Lewis Win In Tax Shelter Suit

    A pair of business owners asked the Florida Supreme Court to reverse a decision affirming judgment in favor of Morgan Lewis & Bockius LLP in a dispute over whether the law firm had routed income through illegal tax shelters.

  • August 10, 2026

    ND Says High Court Ruling Sinks Tribes' VRA Claims

    North Dakota Secretary of State Michael Howe is asking for a judgment on the pleadings on two tribal nations' challenge to the state's 2021 legislative map following a U.S. Supreme Court ruling regarding Section 2 of the Voting Rights Act, saying it's "manifestly obvious" that there's no longer a viable claim.

  • August 10, 2026

    Electrolux Seeks DC Circ. Review Of IAM Pension's $32M Win

    Appliance manufacturer Electrolux is turning to the D.C. Circuit to challenge a $32 million arbitration award in favor of an International Association of Machinists pension fund after a trial court upheld the award last month over the company's objections.

  • August 07, 2026

    Senate Confirms Todd Blanche To Be AG

    The U.S. Senate voted 50-49 in the early hours of Saturday to confirm acting Attorney General Todd Blanche to the permanent position.

  • August 07, 2026

    1st Circ. Agrees Feds Can't Block Climate, Infrastructure Funds

    The First Circuit on Friday endorsed a Rhode Island federal court's decision requiring the Trump administration to unfreeze congressionally approved funding for infrastructure, agriculture, climate and other initiatives, saying conservation nonprofits are likely to succeed on their claim that the funding cuts were unlawful.

  • August 07, 2026

    7th Circ. Upholds Samsung Win In Biometric Privacy Suit

    The Seventh Circuit on Friday declined to disturb a lower court's dismissal of a proposed biometric privacy class action from Samsung phone and tablet users, ruling the users hadn't plausibly alleged that Samsung has their data.

  • August 07, 2026

    3rd Circ. Says Pharma Co. Suit Against Merck Belongs In India

    The Third Circuit has ruled that a dispute between Merck and a defunct Indian pharmaceutical company over a terminated relationship belongs in India.

  • August 07, 2026

    Trump Needs Congress' OK To Build Ballroom, DC Circ. Says

    A split D.C. Circuit on Friday backed a district judge's block on President Donald Trump's construction of a new White House ballroom, saying Congress had not "ceded unfettered authority to the executive branch to dramatically redesign, reshape and reconstruct the White House — the People's House — to fit a particular president's desires."

  • August 07, 2026

    FCC Demanded Fine In Misleading Way, AT&T Tells 5th Circ.

    AT&T is hoping to convince the Fifth Circuit to help it get back the $57 million it paid the Federal Communications Commission for selling off people's location data, despite a U.S. Supreme Court ruling that the agency had the right to issue the fine, by arguing it was tricked into paying.

  • August 07, 2026

    Judge Says Park Signage Suit Will Continue During Appeal

    A Massachusetts judge won't pause a district court's deadlines pending the outcome of a First Circuit appeal in a dispute over a decision to remove information about climate change, slavery and Indigenous history from National Park Service sites, saying the harm to the plaintiffs outweighs any harm to the defendants.

  • August 07, 2026

    Kalshi Wants Utah Gambling Law Blocked Pending Appeal

    Kalshi has urged a federal judge to issue an injunction barring Utah from enforcing its anti-gambling laws against the company's prediction markets while it appeals a ruling holding the state could do so.

  • August 07, 2026

    Texas Docs Can't Exit Patient's Hernia Surgery Death Suit

    A Texas appellate court has refused to toss a suit accusing two doctors of causing a hernia surgery patient's death, finding that the plaintiff submitted an expert report that met the "low threshold" required under the state's medical malpractice statute.

  • August 07, 2026

    Del. High Court Won't Toss Newsom Defamation Suit

    The Delaware Supreme Court has denied Fox News' call for a mid-case review of an April ruling that allowed California Gov. Gavin Newsom's $787 million defamation suit to proceed.

  • August 07, 2026

    Hyatt Says No Rehearing Needed In $300M Rewards Tax Fight

    The Seventh Circuit doesn't need to reconsider its decision to remand a dispute over the taxability of $300 million in funds from Hyatt Hotels' loyalty rewards program to the U.S. Tax Court, the hospitality giant told the court.

  • August 07, 2026

    J&J Fax Sent To Pharmacy An Unwanted Ad, 3rd Circ. Says

    In a precedential opinion Friday, the Third Circuit ruled a two-page fax Johnson & Johnson sent to a Florida pharmacy about its drug Xarelto was an unsolicited advertisement, reversing a lower court's finding and reviving a class claim filed by the pharmacy alleging the drugmaker violated the Telephone Consumer Protection Act.

  • August 07, 2026

    Mich. Estate Can Seek Damages For Lost Caregiving Services

    The estate of a woman who died after allegedly suffering complications from improperly managed blood-thinner treatment may seek damages for the household and caregiving services she would have provided to her husband, a Michigan appellate panel ruled Thursday.

Expert Analysis

  • Looking At Drake's Diss Track Appeal Through An IP Lens

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    Though Drake's pending Second Circuit appeal over UMG's promotion of Kendrick Lamar's "Not Like Us" is formally about defamation, it shows that IP considerations can help identify records showing how a work traveled, which may guide courts when deciding context, says attorney Abdul Abdullahi.

  • Series

    Bass Fishing Makes Me A Better Lawyer

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    Landing a trophy striped bass and closing a big deal both require cultivating the patience to finesse — not force — your way to desired outcomes, changing course when your old approach isn’t working and learning from the ones that got away, says Jon Ruiss at Alston & Bird.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q2

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    The year's second quarter brought several notable banking law developments to New York, including a proposal to align state stablecoin rules with the federal Genius Act, fresh fair lending and cybersecurity guidance from state regulators, and a significant Second Circuit holding on preemption, say attorneys at Ashurst Perkins Coie.

  • PacifiCorp Ruling Shows Limits Of Aggregate Wildfire Loss Models

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    An Oregon appeals court's recent decision in James v. PacifiCorp illustrates that in litigation involving multiple wildfires, materially different causation theories, and evidence tied to particular fires and locations, a single undifferentiated damages model is vulnerable to attack, say Paige Van Oosten and Jason Kim at Hunton and Kevin Cahill at FTI Consulting.

  • Roundup

    The Most Talked-About Supreme Court Decisions Of 2026

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    This term, 11 U.S. Supreme Court decisions quickly became hot topics among Law360's guest writers.

  • A New Defense For Medicaid Fraud Cases In Texas

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    The Texas Supreme Court decision in LabCorp v. Texas last month, finding that the state's False Claims Act requires proof that an omission is material, is among the first to establish that the government's lack of reaction to the defendant's disclosures rendered alleged omissions immaterial, say attorneys at Sheppard.

  • Fighting The Evidentiary Risks Of Deepfakes In Court

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    Though courts and federal rules are only slowly developing frameworks for assessing digital evidence that could have been created or generated by artificial intelligence, litigators should understand what steps they'll likely need to take to successfully challenge potentially deepfaked exhibits — and fight questions about the authenticity of their own, say attorneys at MoFo.

  • Justices' Cuba Ruling Narrowly Recasts Sovereign Immunity

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    The U.S. Supreme Court recently allowed Exxon Mobil's bid for $1 billion in damages for Cuban-seized property to proceed, but the ruling's doctrinal significance is in treating the Helms-Burton Act as a later, specific and self-contained statutory displacement of the default jurisdictional immunity regime, says Josep Galvez at 4-5 Gray's Inn.

  • 'Tiger King' Funeral Clip Ruling Offers Fair Use Road Map

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    The Tenth Circuit's decision in Whyte Monkee v. Netflix that the streaming service's use of another party's funeral footage in the docuseries "Tiger King" constituted fair use lays out a framework for producers to apply the four statutory fair use factors to their own projects, says Frank D’Angelo at Loeb & Loeb.

  • Justices Stand On Statutory Specifics In Cisco And Landor

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    With its June 23 decisions in Cisco Systems Inc. v. Doe and Landor v. Louisiana Department of Corrections and Public Safety, the U.S. Supreme Court doubled down on the critical point that the statute invoked in a federal claim must authorize a private lawsuit and the remedy sought, says Patrick Judd at Phelps Dunbar.

  • Justices' Concurrences Foretell Fault Line On Appeal Waivers

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    The U.S. Supreme Court recently ruled 8-1 in Hunter v. U.S. that appeal waivers that produce a miscarriage of justice are unenforceable, but the decision's concurrences indicate future divisions over whether this exception will be used as a rare safety valve or to police ordinary but troubling plea errors, say attorneys at RJO.

  • How Montgomery Ruling Will Affect Cos. Across Supply Chain

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    Since the U.S. Supreme Court's May 14 decision in Montgomery v. Caribe Transport II, the immediate focus has been on freight brokers and negligent carrier-selection claims, but the ripple effects may extend to shippers, logistics providers, insurers, transportation managers and other participants in the supply chain, say attorneys at Quintairos Prieto.

  • High Court's FCC Fine Ruling Reframes Agency Enforcement

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    The U.S. Supreme Court's recent decision in Federal Communications Commission v. AT&T sweeps aside uncertainty about what kinds of regulatory enforcement trigger a Seventh Amendment right, say attorneys at Squire Patton.

  • How 6th Circ. Tightened NLRB Injunction Standard

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    The Sixth Circuit's recent ruling in Kerwin v. Trinity Health Grand Haven Hospital, dissolving a Section 10(j) injunction obtained by the National Labor Relations Board against an employer that refused to bargain, will make it harder for the NLRB to obtain injunctions while prosecuting unfair labor practice proceedings, say attorneys at Bass Berry.

  • 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.

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