Appellate

  • September 04, 2026

    9th Circ. Tosses Conviction Over Hand Tattoo Testimony

    The Ninth Circuit has ordered a new trial for a man convicted of robbing a store in Washington, finding that he was not testifying in his own defense when he showed jurors that he had tattoos on his hand, unlike the hand of the man seen committing the robbery in security camera footage.

  • September 04, 2026

    Ohio Justices Tee Up Data Center Vote In Another City

    The Ohio Supreme Court will allow the residents of Trenton, Ohio, to vote in a special election for a proposed city charter amendment that will ban the construction of data centers in the city, which is similar to a recent Ohio high court decision that set up a potential data center vote.

  • September 04, 2026

    Fed. Circ. Backs Double Dismissals, But Dodges Preclusion

    The Federal Circuit has expressly allowed district court judges to dismiss patent cases on multiple grounds at once, but attorneys say they're left guessing how that impacts future litigation on the same patent.

  • September 04, 2026

    Divided 5th Circ. Backs Toss Of Jackson Water Suit

    A split en banc Fifth Circuit affirmed the dismissal of a lawsuit Jackson, Mississippi, residents filed over lead in city drinking water, with the majority holding that the residents asserted rights to uncontaminated water and accurate information from public officials that the U.S. Constitution doesn't grant.

  • September 04, 2026

    2nd Circ. Reopens Copyright Case Over Diamond Price List

    The Second Circuit on Friday reinstated a copyright suit brought by diamond price-listing company Rapaport USA Inc. claiming another company lifted information from Rapaport's catalog to put on its own website, agreeing that the district court shouldn't have dismissed the case before "crucial" questions were answered.

  • September 04, 2026

    4 Texas Supreme Court Oil & Gas Cases To Watch This Term

    The new term of the Texas Supreme Court initially appears light on oil and gas litigation, but Lone Star State attorneys told Law360 there are still a handful of cases that could have broad implications for the industry.

  • September 04, 2026

    3rd Circ. Preview: Penn State TM Row, NFL Agent Poaching Suit

    The Third Circuit in September is set to decide whether a print-on-demand company's collegiate apparel counts as counterfeit Penn State merchandise and if two former Philadelphia detectives can escape a $16 million judgment for a wrongfully convicted murder suspect.

  • September 04, 2026

    Ga. Appeals Court Upholds Defense Verdict In Crash Case

    The Georgia Court of Appeals will not grant a new trial to a married couple in their suit against a truck driver and his trucking company over injuries the wife sustained when a truck rear-ended her car, affirming a defense verdict in the case.

  • September 04, 2026

    Vertex Fertility Aid Plan Would Violate Kickback Law

    A D.C. Circuit panel said Friday that a proposed Vertex Pharmaceutical program that would offer gene therapy patients financial support for fertility services violates the Anti-Kickback Statute, finding the initiative could be an unlawful inducement to purchase a certain medical treatment.

  • September 04, 2026

    Fla. Panel Tosses Molestation Convictions Over Text Message

    A Florida appellate panel on Friday reversed a man's child molestation convictions, saying the trial court erred in admitting into evidence a text message from the defendant's wife describing her emotional reaction to the accusations.

  • September 04, 2026

    Injury Law Roundup: Meta's Social Media Addiction Deal

    A $17.1 billion social media addiction settlement between Meta and 29 states and Johnson & Johnson's $5.5 billion ovarian cancer deal over its talc products lead Law360's Injury Law Roundup.

  • September 04, 2026

    9th Circ. Restores Idaho Abortion Ban Enforcement, For Now

    The Ninth Circuit will allow Idaho to fully enforce its abortion ban while the state briefs its request for emergency relief from an order that blocked the ban's application in certain health-related circumstances and declared a fundamental right to some abortions under the U.S. Constitution.

  • September 04, 2026

    Ill. Panel Affirms BIPA Exemption For Home Care Provider

    An Illinois appellate court has refused to revive a biometric privacy lawsuit against home-care provider Help at Home, finding the company was exempt from a state privacy law's reach as a government contractor when it collected employees' fingerprints for a required background check.

  • September 04, 2026

    11th Circ. Rules Fla. Worker Immune From Inmate Injury Suit

    The Eleventh Circuit rejected a prisoner's suit against a St. Lucie County, Florida, employee over an injury the employee caused on a worksite, finding that there was no Eighth Amendment violation and the employee is entitled to qualified immunity.

  • September 04, 2026

    EPA Calls SD Tribe's Uranium Mine Challenge 'Flimsy'

    The U.S. Environmental Protection Agency has asked the Eighth Circuit to throw out a challenge by the Oglala Sioux Tribe and activist groups against EPA actions letting an energy technology company conduct uranium mining in the Black Hills of South Dakota.

  • September 04, 2026

    Wash. High Court Won't Review Dispensary License Fight

    The Washington Supreme Court has refused to hear an appeal from a cannabis company, ending the retailer's lawsuit claiming state regulators prevented it from opening a lucrative Seattle dispensary by failing to force a competitor's license to be forfeited due to not being fully operational.

  • September 04, 2026

    Judge Again Blocks USPS Mail Ballot Rule

    A Massachusetts federal judge late Friday again blocked the U.S. Postal Service from implementing a new rule that would allow it to refuse delivery of mailed ballots in this November's midterm elections.

  • September 04, 2026

    9th Circ. Won't Let Roblox Arbitrate Online Safety Suit

    The Ninth Circuit denied Roblox Corp.'s bid to compel arbitration in a suit by a man alleging his daughter was targeted on the platform by adult predators, saying its delay in seeking arbitration while it litigated the suit on the merits waived any right to arbitrate.

  • September 04, 2026

    Colo. Panel Says Obscenity Can Be Proved Without Viewing It

    A Colorado appeals court has upheld a woman's conviction for allowing her underage daughter to view obscene materials provided by the girl's father, finding that prosecutors in the state are not required to show the lurid materials directly to a jury to prove their case.

  • September 04, 2026

    Mo. Hotel Can't Undo $1M Dog Attack Default Judgment

    A Missouri appeals court affirmed a $1 million default judgment entered against a former hotel in a suit brought by a guest who was injured when he was attacked by another guest's dog, saying the hotel failed to establish good cause for setting aside the award.

  • September 04, 2026

    Full 2nd Circ. To Rehear Student's Speech Removal Case

    The en banc Second Circuit will rehear a panel decision holding that a Vermont federal judge lacked authority to order immigration officials to release Palestinian green-card holder Mohsen Mahdawi, who contends the Trump administration wants to deport him over his political speech.

  • September 04, 2026

    NC High Court Snapshot: TikTok, DuPont, NCAA Top Sept.

    North Carolina's highest court is returning from its summer hiatus with a stacked September lineup of cases for oral argument, starting with a name, image and likeness suit brought by members of N.C. State University's 1983 championship basketball team against the NCAA.

  • September 04, 2026

    Justices Let FCC's New Campaign Ad Rates Take Effect

    The U.S. Supreme Court on Friday cleared the way for the Federal Communications Commission to extend discounted television and radio advertising rates previously reserved for political candidates to political parties and joint fundraising committees that buy spots in coordination with candidates.

  • 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.

Expert Analysis

  • Salt-N-Pepa Suit May Shake Up Music Copyright Issue

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    James v. UMG Recordings is a copyright termination rights case that provides an opportunity for the Second Circuit to make concrete choices about grant language, authorship, work-for-hire status and survival of derivative works, says attorney Abdul Abdullahi.

  • Opinion

    5th Circ.'s Abortion Pill Order Is Shaky On Multiple Grounds

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    The Fifth Circuit's recent order in Louisiana v. U.S. Food and Drug Administration, reinstating an in-person dispensing requirement for the abortion medication mifepristone, seems to turn federalism upside-down, and is also questionable for several other reasons, says Gregory Curtner at Curtner Law.

  • Series

    The Biz Court Digest: Georgia Court Has Business On Its Mind

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    Thanks to recent legislation, the Georgia State-wide Business Court will soon offer business litigants greater access to the court than ever before, further enhancing the court's emphasis on efficiency, predictability and accessibility for sophisticated commercial disputes, says former GSBC judge Walt Davis at Jones Day.

  • 5 Takeaways From Justices' Subpoena Fight Ruling

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    The U.S. Supreme Court's recent decision in First Choice v. Davenport fortifies a line of First Amendment associational privacy cases stretching back nearly 70 years, and ensures that organizations subject to government demands for donor information have a meaningful federal forum in which to defend their constitutional rights, say attorneys at DLA Piper.

  • Where The Preemption Fight Over Prediction Markets Stands

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    While the Third Circuit's recent ruling in Kalshi v. Flaherty remains a significant win for the federal government in its quest to regulate prediction markets, the Fourth, Sixth and Ninth Circuits appear more skeptical, indicating that this fight is likely headed for the Supreme Court, says Johnny ElHachem at Holland & Knight.

  • Md. Justices' State Climate Tort Ban May Shape National Path

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    The Maryland Supreme Court’s recent ruling that federal law preempted state-level deceptive marketing tort claims brought by several municipalities could offer the U.S. Supreme Court a road map to use in the pending Suncor Energy v. Boulder County case to exclude states from the business of regulating global emissions, say attorneys at ArentFox Schiff.

  • 4 Emerging Approaches To AI Protective Order Language

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    Over the last year, at least five federal district courts have issued or analyzed specific protective order provisions restricting the use of generative artificial intelligence platforms with protected materials, establishing that proactive AI-specific provisions are now standard practice and demonstrating that no single model works for every case, says Joel Bush at Kilpatrick.

  • What Justices Are Focusing On In 'Skinny Label' Patent Case

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    Though Hikma v. Amarin appears to be a patent dispute that could reshape inducement doctrine in the pharmaceutical context, oral argument suggests the U.S. Supreme Court may treat this as primarily a pleading-stage dispute, with important unresolved questions lurking beneath the surface, says Shashank Upadhye at Upadhye Tang.

  • Employer Tips After 4th Circ. Rejects Trimmed Suit Deadlines

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    The Fourth Circuit's recent holding in Thomas v. EOTech that employers cannot use contractual provisions to shorten statutory filing periods for Title VII or Age Discrimination in Employment Act claims offers a warning for employers to review any such documents and reassess their litigation risk, say attorneys at Ogletree.

  • Binance Win Shows Constraints On Anti-Terrorism Act Claims

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    The Southern District of New York's recent ruling in Troell v. Binance illustrates that the Second Circuit's earlier decision in Ashley v. Deutsche Bank is holding weight with courts, and companies facing aiding and abetting risk should thus monitor evolving case law and assess exposure based on nexus allegations, say attorneys at Freshfields.

  • Understanding The Insider Trading Gap In Prediction Markets

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    While the first-ever insider trading indictment involving a prediction market — the recent prosecution of a service member involved in the capture of Nicolás Maduro — comprised extreme facts and straightforward legal theories, future cases will test the bounds of insider trading law, say attorneys at Baker McKenzie.

  • Heppner Ruling Left AI Privilege Risk For Lawyers Unresolved

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    While a New York federal judge’s recent ruling in U.S. v. Heppner resolved a privilege question surrounding client-side artificial intelligence use, it did not address how to mitigate the risks that can arise when confidential information enters the operative context of an AI system used by an attorney, says Jianfei Chen at Quarles & Brady​​​​​​​.

  • How 10 Years Of Case Law Have Shaped The DTSA

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    As the Defend Trade Secrets Act reaches its 10th anniversary, attorneys at Ropes & Gray examine recent DTSA case law and highlight key takeaways regarding pleading requirements, damages and risk factors.

  • The Ethics And Practicalities Of Representing AI Agents

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    With autonomous artificial intelligence agents now able to take action without explicit instructions from — or the awareness of — their human owners, the bar must confront whether existing frameworks like informed consent and client privilege will be sufficient on the day an AI agent calls seeking counsel, say attorneys at Morrison Cohen.

  • Notable Q1 Updates In Insurance Class Actions

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    Notable insurance class action decisions from the first quarter of the year included reminders about the statute of limitations as a key defense for claims relating to allegedly deficient forms, the importance of focus on the specific contract at issue and further guidance on the contours of Rule 23, says Kevin Zimmerman at BakerHostetler.

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