Appellate

  • September 04, 2026

    Mich. High Court Won't Force Citizenship Measure Onto Ballot

    The Michigan Supreme Court has refused to order election officials to place on the November ballot a proposed constitutional amendment requiring proof of citizenship to vote, with some justices calling for changes in the state's rules for validating petition signatures.

  • September 04, 2026

    ERISA Recap: 5 Appellate Rulings To Know From August

    The Seventh Circuit kept an Arkansas pharmacy benefit manager rule in place as not preempted by federal benefits law, the Fourth Circuit revived an Altria ex-worker's dispute over benefit plan documents, and the Eleventh Circuit reversed a pretrial win for Royal Caribbean in cruise workers' suit challenging 401(k) funds. Here, Law360 looks at those and two other major appellate decisions from August involving ERISA that benefits attorneys may want to know.

  • September 04, 2026

    Hospital Group Wants To Weigh In On $32M Yale Death Verdict

    The Connecticut Hospital Association urged a state appeals court to let it weigh in on a challenge to a nearly $32 million judgment entered against a Yale University-affiliated hospital over a premature baby's death, arguing the case presents important issues surrounding wrongful death damages.

  • September 04, 2026

    Nebraska High Court Rejects Bid To Void Medical Cannabis

    The Nebraska Supreme Court on Friday rejected an effort by state officials to void medical marijuana legalization measures that were approved by supermajorities of state voters, saying the lower court was right to dismiss the challenge.

  • September 04, 2026

    4th Circ. Affirms $2.9M IRS Fine For Unreported Accounts

    The Fourth Circuit affirmed a $2.9 million fine Friday against a Hong Kong-based U.S. businessman, holding that he should have known there was a "grave risk" of inaccurate tax filings when he failed to disclose offshore accounts to the IRS.

  • September 04, 2026

    DC Panel's Rare Rebuke Over AI Errors Flags Rules Gap

    A D.C. appellate court panel issued a rare sua sponte sanctions order on Thursday after finding nonexistent case citations in a brief filed by a McCabe Weisberg & Conway LLC attorney representing Deutsche Bank National Trust Co. in a foreclosure action, noting an apparent gap in the rules governing the court's sanctions authority.

  • September 04, 2026

    Dems Ask Justices To Deny Stay In Campaign Ad Pricing Case

    A group of Democratic candidates have asked the U.S. Supreme Court to deny a stay of a Fourth Circuit order blocking the Federal Communications Commission from extending discounted television and radio advertising rates to committees that buy spots in coordination with political candidates.

  • September 04, 2026

    3rd Circ. Revives Malpractice Claim Against Kirkland Atty

    A New Jersey divorcee may once again pursue a legal malpractice claim against a Kirkland & Ellis LLP attorney whom she said lost her millions by mishandling estate documents, after the Third Circuit found it could be possible to link her alleged damages to the lawyer's work.

  • September 04, 2026

    Fla. Judge Retires, Avoids Sanctions For Political Donations

    A judge in Orlando, Florida, stepped off the bench on Friday rather than face discipline for violating a judicial ethics rule by making nearly $30,000 in political donations.

  • September 04, 2026

    11th Circ. Backs Aetna In Ex-Worker's Disability Fight

    The Eleventh Circuit upheld a lower court judgment backing Aetna's denial of long-term disability benefits to an engineering firm's former senior vice president, saying he didn't provide necessary documents to meet the test of disability.

  • September 04, 2026

    4th Circ. ERISA Docs Ruling Deepens Split, High Court Told

    A participant in Netflix's employee health plan asked the U.S. Supreme Court to reverse the Ninth Circuit's dismissal of his lawsuit alleging that the company unlawfully refused his request for plan documents, arguing that a recent Fourth Circuit decision discredits the streaming giant's argument against a circuit split.

  • September 04, 2026

    4th Circ. Backs SSI Denial Despite Disability Challenge

    The Fourth Circuit has upheld the denial of disability benefits to a North Carolina woman who said her physical and mental impairments, including agoraphobia, prevented her from working, ruling in a divided published decision that substantial evidence supported the Social Security Administration's findings.

  • September 04, 2026

    Justices Again Refuse NY Health Workers' Fight Over Vax Rule

    The U.S. Supreme Court declined Friday to reconsider its decision to pass on a legal challenge by religious healthcare workers to a pandemic-era New York state vaccination policy, despite three conservative justices' previously stated interest in the case.

  • September 03, 2026

    Wash. Justices To Hear Gordon Rees Malpractice Transfer Suit

    Washington's Supreme Court will consider whether a Great American insurance unit can inherit an equipment manufacturer's legal malpractice claims against two law firms in what the insurance company has called an issue of first impression, according to a high court order published Wednesday.

  • September 03, 2026

    Oil Cos. Seek Quick Appeal To Nix Suit Over Heat Wave Death

    Exxon, Chevron, Shell and other oil giants say they plan to seek appellate review of a Washington judge's order refusing to dismiss a civil suit over a woman's 2021 death that alleged the defendants knew their products were intensifying extreme weather patterns but downplayed risks to maximize profit.  

  • September 03, 2026

    Dutch Software Co. Asks Justices To Halt TM Trial

    A Dutch software company has asked the U.S. Supreme Court to pause a rapidly approaching trial in a trademark dispute with an American rival while it petitions for review of an injunction and contempt order that it said threaten to taint the entire proceedings.

  • September 03, 2026

    Conn. Supreme Court Snapshot: $81M Telecom Row Tops Lineup

    A 16-year-old telecommunications contract dispute over interest rates that increased to an alleged $81 million tops the docket as the Connecticut Supreme Court kicks off the first term of its 2026-27 calendar year Tuesday.

  • September 03, 2026

    Pilot Plane Forfeiture Over 6-Pack Is Excessive, Justices Told

    An 83-year-old bush pilot has told the U.S. Supreme Court that Alaska flouted precedent and applied a grossly disproportionate standard by saddling him with the "ills of alcohol abuse statewide" in trying to forfeit his $95,000 plane for transporting a six-pack of beer to a dry village.

  • September 03, 2026

    Colo. Panel Revives Man's Post-Conviction DNA Testing Bid

    A Colorado appeals court has issued new rules for when and how postconviction relief for DNA testing should be conducted in the state, with the court establishing a three-part test to determine whether a relief petition should be granted.

  • September 03, 2026

    Boeing Investors Say 4th Circ. Ruling Imperils Class Actions

    Boeing investors have asked the full Fourth Circuit to rehear a panel's "extreme" decision overturning class certification in a suit against the aerospace company over its alleged concealment of safety issues with its 737 Max fleet, arguing that the panel decision will create a "vague and unworkable standard" in the circuit if left intact.

  • September 03, 2026

    Williams-Sonoma Urges 9th Circ. To Snip Thread-Count Class

    Williams-Sonoma told the Ninth Circuit on Thursday that a district judge overseeing a certified false advertising class action over bedsheet thread-count labels should have excluded certain class members who purportedly agreed to arbitrate, arguing that the court wrongly couched the arbitration decision in a ruling on the class' definition.

  • September 03, 2026

    Fla. Panel Revives State's Indemnity Suit In Diving Injury Case

    A Florida appellate court revived an agency's lawsuit seeking indemnification from Miami Beach in a decades-old complaint brought by a man who became a quadriplegic from a diving injury, ruling the judgment in favor of the city was premature because the underlying case hasn't concluded.

  • September 03, 2026

    Mass. Justices Say Town Can Take Northeastern U. Property

    Massachusetts' top appellate court on Thursday granted a tiny Bay State town a win in an ongoing land battle with Northeastern University, finding that the community was within its rights to use eminent domain to take property the school had hoped to use to expand a research center.

  • September 03, 2026

    1st Circ. Orders Redo In Puerto Rico Hospital Loan Fight

    The First Circuit revived hospital Instituto Medico Del Norte's Chapter 11 lawsuit against a lender, remanding the case after it "struggled to make sense" of a Puerto Rico bankruptcy judge's decision to dismiss the litigation.

  • September 03, 2026

    5th Circ. Unsure Provision Allows Contractor To Get Atty Fees

    A Fifth Circuit panel wanted to know why a construction company should get to collect attorney fees without a prevailing party provision in its joint venture contract, saying Thursday that the language of the parties' contract seemed to require a breach of contract.

Expert Analysis

  • 3rd Circ. Hotel Ruling Flags Key Issues In Dynamic Pricing

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    The Third Circuit's recent decision in Cornish-Adebiyi v. Caesars Entertainment relies on allegations that competitors used nonpublic data to set real-time rates considered exorbitant, highlighting both the potential risks and substantial benefits of utilizing emerging technologies, say attorneys at Baker McKenzie.

  • 4th Circ. Class Cert. Ruling Offers Tips For Damages Experts

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    The Fourth Circuit's recent decision reversing class certification in litigation against Boeing raises the cost of a bare-bones damages model proposal for plaintiffs, but it also clarifies what a defensible proposal should contain, say Alok Khare and Erica Rose at FTI Consulting.

  • Opinion

    'Plain Meaning' Requires Plainer Meaning In IP Litigation

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    The Federal Circuit's recent decision in Socket Solutions v. Import Global highlights the frequent ambiguity surrounding courts' references to "plain meaning" in patent claim construction — an ambiguity that should be resolved by courts, not litigants, say attorneys at Klarquist Sparkman.

  • What To Know As Legal Duty To Consider AI Takes Shape

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    While the U.K. Jurisdiction Taskforce’s recent statement on liability for artificial intelligence harms is nonbinding for both U.K. and U.S. lawyers, it highlights the importance of being able to distinguish between the availability of a tool and a professional obligation to use it, say Jonny Frank and Michael Costa at StoneTurn.

  • Patent Ruling Shows Concrete Tech Solution Key To Eligibility

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    The Federal Circuit’s recent Ceiva Opco v. Amazon.com decision offers an important reminder that software-related inventions can remain patent eligible when they claim a concrete technological solution to a specific problem, says Irah Donner at Manatt.

  • Appellate Vape Rulings May Expand State Regulation Powers

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    Two recent federal appeals courts decisions rejecting Federal Food, Drug and Cosmetic Act preemption challenges to state electronic nicotine delivery systems directory laws signal an emerging appellate consensus that could significantly expand states' power to regulate vaping product sales where federal enforcement falls short, say attorneys at Troutman.

  • How Solar Fraud Case Affects Lender Oversight Of Dealers

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    The U.S. Supreme Court's refusal to review the Third Circuit's ruling in Migliore v. Sunlight Financial means that residential solar finance companies are protected from vicarious liability for deceptive acts by independent solar dealers — but lenders must still take steps to guard against dealer misconduct, says Rand Manasse at Green Lane Partners.

  • Fed. Circ. Rulings Emphasize Adjudicative Access And Review

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    Decisions from the Federal Circuit's 2026 docket indicate that the court is increasingly paying attention to whether tribunals possess authority to act, meaning practitioners will need to properly address procedural hurdles before they can argue the merits of a case, say attorneys at Reichman Jorgensen.

  • Amazon v. Perplexity Ruling Limits CFAA Reach Over AI Tools

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    The Ninth Circuit's recent decision in Amazon v. Perplexity provides important early guidance on how the Computer Fraud and Abuse Act applies to agentic artificial intelligence, and is the latest in a line of rulings in which courts have declined to stretch existing statutes to broadly regulate AI, say attorneys at Ropes & Gray.

  • Managing OSHA Mental Illness Logs After 5th Circ. Vacatur

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    Employers with facilities in multiple states need to carefully weigh their recordkeeping procedures following the Fifth Circuit’s recent decision that the Occupational Safety and Health Administration cannot require employers to log work-related mental illness, as inconsistent logs across facilities may raise other issues, say attorneys at Haynes Boone.

  • Expect More Probes After 3rd Circ. Algorithmic Pricing Ruling

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    The Third Circuit's recent decision in Cornish-Adebiyi v. Caesars Entertainment, allowing algorithmic price-fixing claims to proceed past motions to dismiss, may serve as a road map for how to contend with increased litigation risk in this developing area of antitrust law, say attorneys at BakerHostetler.

  • Series

    Being In A Band Made Me A Better Lawyer

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    Playing shows in storied New York City venues and rehearsing with my bandmates in poorly ventilated rooms helped develop the professional qualities I rely on as a litigator, including an ability to collaborate with strong-minded equals and the determination to treat each client with singular focus, says Eliad Shapiro at Herrick Feinstein.

  • Notable Q2 Updates In Insurance Class Actions

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    After 2026's second quarter, there is more authority rejecting class certification on total loss valuation theories from courts at the federal circuit, federal district and state appellate level — along with a resolution of a novel issue of depreciation on a wildfire claim, says Kevin Zimmerman at BakerHostetler.

  • 10th Circ. Ruling Undermines False Ad 'Two Clicks' Rule

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    The Tenth Circuit’s recent ruling in KetoNatural Pet Foods v. Hill's Pet Nutrition substantially challenges a long-standing assumption that a company can avoid responsibility for promotional claims simply because the consumer encountered them by clicking a hyperlink to a third-party website, say attorneys at Venable.

  • How Drug Trial Prediction Markets Pose Insider Trading Risks

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    Multiple prediction market platforms have recently announced plans to offer event contracts related to clinical trial outcomes and regulatory decisions, creating new insider trading risks by expanding the group of people possessing related material nonpublic information far beyond traditional corporate insiders, say attorneys at King & Spalding.

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