Appellate

  • August 21, 2026

    Fla. Attorney Fined, Referred To Bar For Unapologetic AI Use

    A Florida attorney is the latest to be sanctioned for his use of artificial intelligence, after a Florida state appeals court found Friday that his filings contained at least 46 hallucinations.

  • August 24, 2026

    CORRECTED: 3rd Circ. Rules Jury Instruction Didn't Trigger New Trial

    In a precedential ruling Friday, the Third Circuit reversed an order granting a man a new trial on drug charges, ruling that while the trial judge should not have told a deadlocked jury that jurors "have to" come up with a verdict, which eventually resulted in the defendant being found guilty, the instruction wasn't "unduly coercive." 

  • August 21, 2026

    Roberts Allows Trump To Construct Ballroom For Now

    Chief Justice John Roberts ruled Friday that President Donald Trump could temporarily continue construction of a new White House ballroom until the U.S. Supreme Court decides whether lower courts had the authority to order that work stop on the project pending congressional approval.

  • August 21, 2026

    DNA Can Prove Your Innocence — If They Let You Test It

    Since the mid-1980s, DNA testing has exonerated hundreds of wrongfully convicted people and reshaped the criminal justice system. Rodney Reed's decadeslong unsuccessful effort to test the belt prosecutors say he used to kill a woman, however, shows how difficult access to post-conviction DNA testing can be, even for prisoners with credible innocence claims.

  • August 21, 2026

    Fla. Panel Cuts Juvie Sentence Over Double Jeopardy Finding

    A Florida appeals court has ruled that a juvenile must have one of her two resisting arrest charges dropped and be resentenced accordingly, finding that double jeopardy rules bar the second charge because they both stemmed from the same incident.

  • August 21, 2026

    8th Circ. Won't Revisit Cannabis User's Gun Conviction

    The Eighth Circuit on Thursday declined to revisit its decision to preserve a man's conviction for possessing a firearm while being a user of cannabis.

  • August 21, 2026

    Colo. Supreme Court Announces Next Chief Justice

    The Colorado Supreme Court announced Friday that Justice William Hood has been selected by his fellow justices to serve as the court's next chief justice, beginning in August 2027 when current Chief Justice Monica Márquez's term concludes.

  • August 21, 2026

    US Urges High Court To Reject Tribe's $208M Water Claim

    The United States is asking the U.S. Supreme Court to reject a Nevada tribe's petition that looks to revive a $208 million breach of trust claim, saying the tribe hasn't identified a source of substantive law that the federal government violated by allegedly failing to prevent water diversion from its reservation.

  • August 21, 2026

    Gov't To Take 9th Circ.'s Bar Of Nev. US Atty To High Court

    The U.S. government asked the Ninth Circuit to stay its ruling disqualifying Nevada's top prosecutor from assuming that role without Senate confirmation, saying it plans to take the issue to the U.S. Supreme Court.

  • August 21, 2026

    4th Circ. Leaves Bulk Of $22M Wells Fargo ADA Verdict Intact

    The Fourth Circuit ruled Friday that a $22 million jury verdict in favor of a former Wells Fargo employee who said he was terminated for seeking remote work was almost $2.9 million too high, telling the ex-worker to choose between a reduced award or a new trial.

  • August 21, 2026

    9th Circ. Keeps Order To Improve ICE Site Amid Feds' Appeal

    The Trump administration must continue to address the "severe and inhumane deficiencies" a California federal court identified at an immigrant detention facility in the Mojave Desert, the Ninth Circuit has ruled, finding it unlikely to prevail in detainees' constitutional challenge.

  • August 21, 2026

    11th Circ. Won't Reopen ATF Worker's Disability Bias Suit

    The Eleventh Circuit refused to revive a lawsuit alleging the Bureau of Alcohol, Tobacco, Firearms and Explosives forced an employee with a heart condition to accept a demotion rather than let her take unpaid leave, ruling the agency wasn't required to supplement the paid time off she had available.

  • August 21, 2026

    Transportation Tracker: Boeing, CH Robinson Verdicts

    In our latest Law360 Transportation Tracker, an Illinois jury awarded $29 million to the family of a U.N. worker killed in the 2019 crash of a Boeing 737 Max 8, while freight broker C.H. Robinson was hit with a blockbuster $604 million verdict in Texas over a fatal 2021 trucking accident.

  • August 21, 2026

    Judge's Job Bid Sinks Conn. Atty's Homicide Conviction

    Former Cramer & Anderson LLP partner Robert L. Fisher Jr. is entitled to a new manslaughter trial because the presiding judge at his original trial "created an appearance of a lack of impartiality" when he did not disclose to the parties that he had applied for an oversight job with the state prosecutor's office, an appeals court ruled Friday.

  • August 21, 2026

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen former Liberal Democrat MP Mark Oaten sue a fur auction house, private equity and pensions magnate Edmund Truell hit by a commercial fraud claim and Charles Russell Speechlys file a contract claim against two of its previous clients in the Middle East.

  • August 20, 2026

    Abbott Inks $670M Deal To End Some Preterm Formula Claims

    Abbott Laboratories announced Thursday that it has agreed to pay about $670 million to partially resolve ongoing litigation alleging its specialty baby formula caused premature babies to suffer a disabling intestinal condition.

  • August 20, 2026

    Jay-Z Appeals Buzbee Win In Rapper's Defamation Suit

    Music mogul Jay-Z's counsel fought uphill Thursday to convince a California state appeals court to revive claims that Texas attorney Tony Buzbee defamed and extorted him by roping him into a sexual abuse suit against Sean "Diddy" Combs, arguing in court that a trial court erroneously read evidence in Buzbee's favor.

  • August 20, 2026

    Fla. Panel Says Tribe Can Intervene In Parental Rights Case

    A Florida appeals court has reversed a lower court's denial of the Stillaguamish Tribe of Indians' request to intervene in a parental rights case, saying the tribe has the right to intervene under the Indian Child Welfare Act at any point in the proceeding.

  • August 20, 2026

    FTC Slams Amgen's Antitrust Shield Argument At 4th Circ.

    The Federal Trade Commission has urged the Fourth Circuit to reject Amgen's "sweeping" assertion that commercial agreements for acquiring the rights to patent applications are shielded from antitrust scrutiny, saying the company's position in an appeal related to blockbuster autoimmune drug Enbrel is a threat to longstanding understandings of antitrust law.

  • August 20, 2026

    10th Circ. Backs Immunity In Shooting Of Man Aiming At K-9

    The Tenth Circuit has upheld a grant of qualified immunity to four Colorado police officers who fatally shot a man after he drew a gun on a police dog during an armed standoff, saying a lawsuit filed by his estate failed to show officers clearly violated his constitutional rights.

  • August 20, 2026

    Coal Co. Loses 4th Circ. Challenge To Black Lung Benefits

    The Fourth Circuit on Thursday upheld a Black Lung Benefits Act award to a former underground electrician, finding that an administrative law judge reasonably relied on two medical experts who linked his chronic lung problems to nearly 12 years of coal mine work.

  • August 20, 2026

    Fla. Panel Reinstates $6.8M Injury Verdict Against Walmart

    A Florida state appeals court has reinstated a $6.8 million verdict awarded to a woman severely injured after she was struck by a pallet jack while shopping, saying a retrial was unwarranted because there was insufficient evidence jurors improperly discussed the case.

  • August 20, 2026

    Woman's Hit-And-Run Injuries Not Covered, 8th Circ. Says

    A woman struck by a vehicle while crossing the street is not entitled to uninsured motorist coverage under her employer's auto policy, the Eighth Circuit ruled Thursday, saying she was not an insured under the policy because she was not occupying a covered vehicle at the time of the incident.

  • August 20, 2026

    9th Circ. Revives Can-Am Fuel Claims Against Sinclair, Glovis

    A unanimous Ninth Circuit panel on Thursday revived Can-Am Fuel Distribution LLC's federal franchise claims against Sinclair Oil LLC and Glovis America Inc., holding the companies' licensing agreements are covered by the Petroleum Marketing Practices Act despite an "unusual variation" in the parties' relationship.

  • August 20, 2026

    11th Circ. Saves Delta-Aeromexico Joint Venture

    The Eleventh Circuit on Thursday handed Delta Air Lines and Aeromexico a decisive win by vacating a U.S. Department of Transportation order directing them to dismantle their nearly decadelong joint venture, saying the DOT applied a skewed standard and made unsupported findings about the partnership's purported anticompetitive effects.

Expert Analysis

  • 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.

  • CFTC Trading Rule Can't Police Prediction Markets Yet

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    The Commodity Futures Trading Commission’s recent efforts to police insider trading in prediction markets through a post-Dodd-Frank anti-fraud rule exposes doctrinal gaps around misappropriation theory, leaving platforms to fill the void with win-rate-based surveillance, says attorney Tamara de Silva.

  • Columbia Software IP Ruling Tests Royalty Damages Model

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    The Federal Circuit's recent decision in Columbia University v. Gen Digital, vacating a damages verdict involving foreign software sales, provides guidance on ambiguities surrounding the worldwide royalty damages model established by the court's decision in Brumfield v. IBG two years ago, say attorneys at Munger Tolles.

  • Turning To The Courts When PBM Reform Falls Short

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    The effectiveness of state laws intended to regulate pharmacy benefit managers remains uncertain, but litigation — utilizing tried-and-true theories like breach of contract and fair dealing — offers another mechanism through which stakeholders may seek relief from PBMs, say attorneys at Reed Smith.

  • Opinion

    Immigration Appeals Rule Would Prevent Meaningful Review

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    Justice Stephen Breyer’s book “Making Our Democracy Work” offers a useful lens through which to consider what is at stake for the Executive Office for Immigration Review's legitimacy as the government asks the D.C. Circuit to revive an interim final rule that would have fast-tracked decisions by Board of Immigration Appeals, says Tara Kennedy at Kennedy Law.

  • 2 'Rocket Dockets' And The Rules That Propel Them

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    The fastest civil trial courts in the country are currently in the Eastern District of Virginia and the Southern District of Florida, and their chief judges provide insights into the court rules that keep them ahead, says Robert Tata at Hunton.

  • Retailer Risk Reduction Tips As Email Marketing Suits Surge

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    Amid a flood of email marketing lawsuits following last year's Washington Supreme Court ruling in Brown v. Old Navy, retailers seeking to avoid high litigation costs can take several steps to reduce risks by focusing on their email subject lines advertising sales, says Gonzalo Mon at Kelley Drye.

  • Why Nuclear Licensees Must Watch 2nd Circ.'s Holtec Review

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    In reviewing a New York federal court's preemption ruling concerning disposal of nuclear materials, the Second Circuit must confront the lower court's recognition of a purpose-based path to field preemption, which could be game-changing for nuclear material licensees, says Andrew Averbach at Womble Bond.

  • Calif. Ruling Lowers Bar For Health Data Breach Claims

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    The California Supreme Court's ruling in J.M. v. Illuminate Education offers protection for non-healthcare companies that maintain health-related data but also adopts a new and more plaintiff-favorable standard for breach of confidentiality that companies maintaining any health-related data should address, say attorneys at Cooley.

  • Florida Atty Fees Ruling Could End Expert Testimony Mandate

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    For over 60 years, Florida appellate courts have required an evidentiary hearing and expert testimony to support the reasonableness of an attorney fee award, but the Florida Sixth District Court of Appeal's recent Ruffenach v. Deutsche Bank National Trust ruling could make substantive changes to this requirement, say attorneys at RumbergerKirk.

  • Texas Ruling Leaves Key Oil Royalty Question Unresolved

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    The Texas Supreme Court's recent decision in Fasken Oil and Ranch v. Puig clarifies that royalty reservations containing “free of cost forever” language do not bar deduction of post-production costs — but it leaves open whether prices producers report to royalty owners should reflect what unaffiliated buyers would pay, says Robert Foss at Hinds Feat Advisors.

  • Justices Widen Path For Confiscated Cuban Property Claims

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    For Americans holding claims to confiscated Cuban property, the U.S. Supreme Court’s recent decision in Havana Docks v. Royal Caribbean Cruises means that the expiration of their property interest is no longer a bar and that any company using such property is now a potential defendant, say attorneys at Bracewell.

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