Appellate

  • August 25, 2026

    4th Circ. Blocks FCC Campaign Ad Pricing Guidance

    While political candidates are entitled to the lowest advertising rate radio and television stations can charge, political parties and joint fundraising committees with noncandidate members are not, a split Fourth Circuit ruled Tuesday, wiping out recent Federal Communications Commission guidance.

  • August 25, 2026

    Calif. Law Requiring Cop ID Can't Apply To Feds, 9th Circ. Told

    The Trump administration urged the Ninth Circuit during oral arguments Tuesday to find that a section of California law requiring law enforcement officers to visibly display identification can't apply to federal officers, saying "nothing has changed" since the court blocked that section under the Supremacy Clause pending this appeal.

  • August 25, 2026

    9th Circ. Panel Largely Upholds Block On Feds' Grant Terms

    A divided Ninth Circuit panel Tuesday mostly upheld an injunction blocking the Trump administration from imposing new grant restrictions on transportation and housing funding for dozens of local governments, concluding federal agencies likely overstepped their authority by barring the money from being used to promote "gender ideology" or "illegal immigration."

  • August 25, 2026

    11th Circ. Says 'Polite' Bank Robbery Notes Still Imply Threats

    A Florida man who said "please" and "good morning" to bank and credit union tellers in notes demanding cash can still be charged with robbery involving intimidation, because of an implication of potential violence if the notes were not followed, the Eleventh Circuit ruled.

  • August 25, 2026

    DC Circ. Won't Revive Standard General's FCC Bias Suit

    The D.C. Circuit does not believe that the Federal Communications Commission took part in a racist conspiracy to kill Standard General hedge fund manager Soo Kim's $8.6 billion merger with broadcaster Tegna and has affirmed the dismissal of his lawsuit claiming such.

  • August 25, 2026

    Airport Terminals Co. Wants DC Circ. To Revive Contracts Suit

    A California-based company that builds and operates private luxury airport terminals is appealing the dismissal of its suit in a District of Columbia federal court against the Metropolitan Washington Airports Authority, which was accused of deliberately trying to avoid awarding the company airport terminal construction contracts.

  • August 25, 2026

    NRDC Says EPA Let Cleveland Polluters Dodge Smog Cuts

    The Natural Resources Defense Council on Tuesday asked the Sixth Circuit to review the U.S. Environmental Protection Agency's approval of a plan Ohio submitted for smog pollution in the Cleveland area, and accused the agency of giving a "free pass" to major polluters.

  • August 25, 2026

    Tesla Can't Avoid Revival Of Home Fire Suit, Calif. Panel Says

    A California appeals panel has ruled that a Los Angeles judge properly revived a suit accusing a Tesla employee of causing a house fire during an equipment installation, saying plaintiff's counsel's trial tardiness was caused by "excusable neglect."

  • August 25, 2026

    FERC Beats Environmental Challenge To La. LNG Terminal

    The D.C. Circuit on Tuesday upheld the Federal Energy Regulatory Commission's approval of a liquefied natural gas export terminal in Louisiana, saying environmental groups challenging the decision failed to show the project was not in the public's best interest.

  • August 25, 2026

    Del. Justices Say SPAC Proxy Claims Came Too Late

    The Delaware Supreme Court on Tuesday affirmed the dismissal of a special purpose acquisition company suit seeking damages tied to a $1.4 billion deal with an autonomous vehicle software provider, finding the plaintiff waited too long to sue.

  • August 25, 2026

    Colo. Judge Ships $8.3M Messner Reeves Fraud Suit To Utah

    A Colorado federal judge granted a motion Monday from law firm Messner Reeves LLP to move a lawsuit accusing the firm of stealing more than $8 million as part of a fraudulent loan scheme to Utah after finding the venue was the proper forum to litigate the claims.

  • August 25, 2026

    Ga. Justices Press Hotel Co. On Bid To Upend $38.4M Loss

    Georgia's highest court questioned Tuesday whether precedent supported a hotel operator's push to unravel a $17.4 million attorney fee award that came on top of $21 million in damages won by a teenager who was assaulted at one of the company's inns.

  • August 25, 2026

    DUI Suit Against Bar Wrongly Tossed, Ind. Panel Finds

    An Indiana appeals panel has revived claims against a tavern over a wrong-way crash involving one of its patrons, finding that there is a genuine dispute of fact over whether the tavern was aware the man was visibly intoxicated before he left.

  • August 25, 2026

    Tort Report: Mass. Jury Delivers Record Amazon Crash Verdict

    A record personal injury verdict against Amazon in a crash case and Aerosmith frontman Steven Tyler's upcoming sex abuse trial lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • August 25, 2026

    Albright Cements Lyft's $1M Trial Loss Over Ride-Hailing IP

    A Texas federal jury rightly found that Lyft Inc. infringed Quartz Auto Technologies LLC's ride-hailing patent and should pay $1 million for doing so, U.S. District Judge Alan Albright has ruled.

  • August 25, 2026

    Calif. County Drops Pot Fines To End Landowners' Claims

    Humboldt County, California, has agreed to settle a lawsuit with a group of landowners who complained authorities overstepped their powers in an effort to punish allegedly illegal cannabis grow operations, following a Ninth Circuit ruling in 2025 against the county.

  • August 25, 2026

    9th Circ. Says Congress Kept NSA Report Outside FOIA

    A Ninth Circuit panel has affirmed the National Security Agency's decision to not grant a Freedom of Information Act request to release a nearly six-decade-old report on the sinking of the USS Liberty.

  • August 25, 2026

    FDA Must Revisit Xifaxan Generic Exclusivity, DC Circ. Says

    The D.C. Circuit on Tuesday ordered the U.S. Food and Drug Administration to take another look at Norwich Pharmaceuticals' bid to bring a generic version of a prescription drug for irritable bowel syndrome to market, faulting the FDA's use of what the court said was an incorrect causation standard.

  • August 25, 2026

    6th Circ. Urged To Affirm Tobacco Fee Suit Toss

    A trade group representing large employee benefit plan administrators wrote in support of insurance giant Progressive at the Sixth Circuit, asking the appellate court to back dismissal of a proposed class action alleging the insurer wrongfully charged workers more for healthcare who used tobacco and refused COVID-19 vaccination. 

  • August 25, 2026

    11th Circ. Won't Upend Ex-Deputy's $250K Retaliation Suit Win

    The Eleventh Circuit on Tuesday upheld a jury's $250,000 award to a former sheriff's deputy who claimed he was fired for filing a bias charge against a Florida county sheriff's office, ruling statements in the charge were protected even if the sheriff believed they were false.

  • August 25, 2026

    DC Circ. Backs Red Snapper Management Plan

    A D.C. Circuit panel denied a petition from commercial fishers and fish purchasers challenging an annual federal catch limit for South Atlantic red snapper, rejecting their claim that the plan's lack of a limit on dead discards violates federal law and could lead to overfishing.

  • August 25, 2026

    Elite Schools Get 7th Circ. Appeal In Aid-Fixing Case

    The Seventh Circuit has agreed to allow several private universities accused of colluding to set financial aid offerings to appeal a ruling certifying a class of students over questions about an economic expert's testimony.

  • August 25, 2026

    DC Circ. Says ESA Review Wasn't Needed For EPA Air Rule

    The D.C. Circuit on Tuesday affirmed the U.S. Environmental Protection Agency's determination that retaining existing air quality standards for nitrogen oxides and particulate matter would not affect animals or plants protected under the Endangered Species Act.

  • August 25, 2026

    New Mexico Justices Pause Permit, Hearing For Data Center

    New Mexico's Supreme Court in a pair of rulings paused an air permit hearing and ordered a developer to stop drawing water from the construction site of Oracle, OpenAI and SoftBank's Project Jupiter data center, leading a lawmaker to call on state officials to release more information about the project.

  • August 25, 2026

    Rising Star: McKool Smith's Charles Fowler

    Charles Fowler, the head of Texas trial firm McKool Smith PC's appellate practice, has successfully protected a multimillion-dollar jury award in a contract dispute with Santander and steered Aramark through the appellate process in an ERISA dispute, earning him a spot among the appellate practitioners under age 40 honored by Law360 as Rising Stars.

Expert Analysis

  • Steps For Employers After 7th Circ. BIPA Retroactivity Ruling

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    The Seventh Circuit's recent ruling in Clay v. Union Pacific sharply limits per-scan statutory damages theories in pending Biometric Information Privacy Act cases by retroactively applying a 2024 amendment, but employers should not mistake the holding for a broad safe harbor, say attorneys at Thompson Coburn.

  • How NEPA Review Has Changed Since Seven County

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    A year after the U.S. Supreme Court's decision in Seven County Infrastructure Coalition v. Eagle County instituted major changes to judicial review under the National Environmental Policy Act, courts are effectively applying the decision, but where things go from here may be up to agencies and project proponents, say attorneys at Venable.

  • A Midyear Look At Antiterrorism Act Jurisprudence And Policy

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    Plaintiffs have filed comparably fewer new actions under the Antiterrorism Act this year, though a handful of key decisions further defined the statute’s aiding-and-abetting standard and highlighted continuing risks for financial services companies, say attorneys at Skadden.

  • Justices' ICA Ruling Provides Certainty For Regulated Funds

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    The U.S. Supreme Court's recent ruling in FS Credit v. Saba that a contract-rescission provision of the Investment Company Act does not provide investors with a private right of action is a victory for the regulated fund industry, emphasizing that where Congress intended to create private remedies, it did so expressly, say attorneys at Simpson Thacher.

  • Justices' Obstruction Ruling Clears Venue-Challenge Path

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    While the U.S. Supreme Court’s recent ruling in Abouammo v. U.S. poses venue challenges for federal obstruction of justice prosecutions, it is a gift for defense counsel because it offers a clean, constitutional basis to challenge venue where a place of falsification and a place of investigation diverge, says Liz Aloi at MoFo.

  • Drawing A Line Between Settlement Pressure And Extortion

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    U.S. v. Luo, pending in the U.S. District Court for the Southern District of New York, may force courts to address anew when settlement negotiations become criminal extortion, particularly in the age of easily fabricated digital evidence, says attorney Denis Kiely.

  • Recent Cases Clarify When Risk Disclosures Trigger Liability

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    Several recent decisions highlight circumstances where risk disclosures can constitute actionable misrepresentations, providing clarity on how the Private Securities Litigation Reform Act's safe harbor and the common-law bespeaks caution doctrine apply to risk disclosures, and how publicly traded companies can guard against such claims, say attorneys at Katten.

  • Securities Class Cert., 5 Years After Goldman Ruling

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    The U.S. Supreme Court's 2021 decision in Goldman Sachs Group v. Arkansas Teacher Retirement System has not only armed defendants in securities cases with more arguments in individual class certification fights, but may also be providing greater certainty and finality in class certification battles, say attorneys at Skadden.

  • Opinion

    Md., Colo. Climate Rulings Point To Need For Federal Solution

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    As the U.S. Supreme Court prepares to review the Colorado Supreme Court's 2025 ruling in Boulder County v. Suncor U.S. Inc., which green-lit a state-level climate lawsuit, a recent conflicting ruling from the Maryland Supreme Court underscores why a uniform federal answer on climate litigation is needed now, says Phil Goldberg at Shook Hardy.

  • High Court's FCC Ruling Adds To Comms Industry Paradox

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    The Supreme Court's recent decision in Federal Communications Commission v. AT&T, finding that the FCC's informal forfeiture process survives Seventh Amendment scrutiny, opens some doors for regulated entities, but the practical effect may be surprisingly constrained, says Jonathan Marashlian at The CommLaw Group.

  • Series

    Founding An Autism Academy Made Me A Better Lawyer

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    Starting a nonprofit autism school with no building, no funding model and no guarantee that families would trust us taught me the importance of mission, patience and purpose — lessons that sharpened my practice and showed how meaningful work outside the office can make lawyers better, says Phillip Russell at Ogletree Deakins.

  • Why Private Sector Should Watch Gov't DEI Firing Class Bid

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    Former federal employees' class certification attempt in Fell v. Trump is worth following, as their challenge of the Office of Personnel Management's elimination of DEI positions raises questions about commonality in employee classes and protections for nonminority advocacy that reach beyond the public sector, says Shaun Southworth at Southworth PC.

  • When Do Murals Qualify For IP Protection?

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    Artist Robert Wyland recently sued FIFA for painting over his 1999 "Ocean Life" mural to make room for a World Cup promotion in Dallas, spotlighting questions over the extent to which copyright law and the Visual Artists Rights Act protect different types of art, say attorneys at Armstrong Teasdale.

  • How Justices' Habeas Ruling Limits Compassionate Release

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    The U.S. Supreme Court's recent holding in Fernandez v. U.S. that a federal prisoner who challenges their conviction's validity must do so through habeas, not compassionate release, considerably narrows the universe of arguments that can support a sentence reduction, says attorney Elizabeth Franklin-Best.

  • The Banking Issue Hiding In Justices' Freight Broker Ruling

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    While the U.S. Supreme Court’s recent liability preemption ruling in Montgomery v. Caribe Transport was front-page news for the transportation industry, the banking industry seems to have missed that the decision exposes freight broker lenders to credit, documentation and litigation issues, say attorneys at Barack Ferrazzano.

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