Appellate

  • September 23, 2026

    Suit Over Mich. Teen's Campground Drowning Reinstated

    A Michigan recreational campground must face claims it breached a duty owed to a 15-year-old who drowned in a human-made swimming pond, a state appeals court has ruled, saying a jury must decide if the campground failed to warn swimmers of the deep, murky and dangerous conditions of the water.

  • September 23, 2026

    2nd Circ. Hints $7.25M Mansion Sale Stands In Guo's Ch. 11

    Second Circuit judges poked holes Wednesday in the claim that the wife of a bankrupt Chinese billionaire was in charge of a company that owned a contested $7.25 million Connecticut mansion, eliciting a concession from her attorney that there is evidence her husband was actually calling the shots.

  • September 23, 2026

    Vividion Investor Wants IP Suit Over $2B Bayer Deal Revived

    CHP III LP urged the Delaware Supreme Court on Wednesday to revive its suit over allegedly diverted intellectual property in Vividion Therapeutics Inc.'s $2 billion sale to Bayer Corp., while the defendants argued the investor is trying to turn a corporate injury into a direct stockholder claim that did not survive the merger.

  • September 23, 2026

    Del. Justices Weigh If Corporations Can Vote In Beach Town

    The ACLU of Delaware urged the state's high court Wednesday to revive its challenge to Fenwick Island's practice of allowing property-owning corporations and other artificial entities to vote in municipal elections, arguing the system unlawfully dilutes residents' votes.

  • September 23, 2026

    Fla. Panel Won't Hear City's Immunity Bid In Partnership Suit

    A Florida state appellate panel issued a split decision on Wednesday dismissing a bid by a city to overturn an order striking its motion to argue for immunity in a lawsuit over a public-private partnership to build a green waste facility near protected wetlands, saying it lacks jurisdiction. 

  • September 23, 2026

    3rd Circ. Bars Early Probation Termination Bids Before 1 Year

    In a precedential opinion Wednesday, the Third Circuit held that a defendant seeking early termination of supervised release must serve at least one year of the current supervised release term before petitioning the court.

  • September 23, 2026

    Ute Tribe Says Split-Estate Lands Remain Indian Country

    The Ute Indian Tribe has urged the Tenth Circuit to overturn a Utah federal judge's ruling that the surface of split-estate lands within its reservation's original boundaries is not Indian Country, arguing the appellate court settled the issue decades ago.

  • September 23, 2026

    'Hanging In There' Doesn't Ax Disability Claim, 9th Circ. Says

    "Hanging in there" and working through the pain of a worsening disability is not a reason to reject the testimony of someone seeking Social Security benefits, the Ninth Circuit ruled Wednesday.

  • September 23, 2026

    Board Eases Burden Over Migrant Drug Use Admission

    The Board of Immigration Appeals upheld an immigration judge's decision finding a Mexican national ineligible for status adjustment because he had admitted to possessing and using cocaine, finding no obligation to first inform him of the offense's particular legal elements.

  • September 23, 2026

    Legal Groups Back Firm In NC High Court Malpractice Appeal

    Legal advocacy groups are standing behind the law firm Hedrick Gardner Kincheloe & Garofalo LLP in asking North Carolina's highest court to find that the state's four-year statute of repose on legal malpractice claims creates an immovable end-date to liability.

  • September 23, 2026

    KCSR Appeals STB's BNSF Terminal Trackage Rights Ruling

    Canadian Pacific Kansas City subsidiary Kansas City Southern Railway is asking the D.C. Circuit to overturn a Surface Transportation Board ruling that set the price BNSF Railway will pay to use a nine-mile conduit for petroleum and chemical shipping in Louisiana, in an appeal filed this week.

  • September 23, 2026

    Fed. Grants Bind Railways To Fed. Labor Law, NMB Argues

    The Eleventh Circuit should affirm a Florida federal judge's finding that a high-speed rail operator is subject to the Railway Labor Act, the National Mediation Board argued, saying the operator can't wriggle its way out of complying because it runs an intercity rather than interstate rail line.

  • September 23, 2026

    Ga. Appeals Court Says Atlanta Can't Escape Injury Verdict

    The Georgia Court of Appeals on Wednesday said a trial court rightly refused to set aside a $140,000 verdict against the city of Atlanta in a woman's lawsuit over a broken wrist she said she suffered when she tripped over the metal remnants of a traffic sign on the sidewalk. 

  • September 23, 2026

    Judge Won't Overturn $5M American Axle Win In Patent Case

    Neapco Holdings LLC has lost its bid to dodge paying a $5.2 million award in a patent suit from American Axle after a Delaware federal judge found that there was enough evidence to back the jury's finding and that the monetary amount wasn't excessive.

  • September 23, 2026

    9th Circ. Says Pre-2013 Life Policies Needn't Get Lapse Forms

    Life insurers are not required to send designation forms to California policyholders whose policies were issued before 2013, when a state law requiring carriers to provide applicants with a form to designate another individual to receive notice of a lapse or termination went into effect, the Ninth Circuit ruled.

  • September 23, 2026

    State Pols Urge Justices To Rein In Kalshi's Sports Offerings

    A coalition of state lawmakers has urged the U.S. Supreme Court to review a Third Circuit decision allowing Kalshi to keep its sports offerings online in New Jersey, emphasizing that sports betting oversight must be left to the states.

  • September 22, 2026

    Feds' Latest Permit For Calif. Pipeline Challenged At 9th Circ.

    Environmental groups are urging the Ninth Circuit to review Trump administration's recent decision approving operations of two coastal California oil pipeline segments, including one that was shut down for years following a 2015 oil spill, saying on Tuesday that the new permit waives key safety requirements.

  • September 22, 2026

    Hydropower Plant Needs More Monitoring, Wash. Panel Says

    A Washington appeals panel broadly upheld the state's certification of a hydroelectric power project near the Columbia River on Monday, although the court said officials need to impose additional monitoring and reporting requirements to address potential leakage into the surrounding watershed.

  • September 22, 2026

    Big Tech Backs Samsung At Fed. Circ. Over Patent Injunctions

    Top technology companies and various industry groups have urged the Federal Circuit to deny Collision Communications an injunction after the patent owner's $445.5 million infringement verdict against Samsung, saying an injunction would undermine U.S. Supreme Court precedent.

  • September 22, 2026

    9th Circ. Wipes Out $140M Class Verdict Against CenturyLink

    The Ninth Circuit overturned a $140 million class verdict against CenturyLink on Tuesday, holding that the company's reasonable interpretation of the Fair Credit Reporting Act shielded it from liability for willful violations when it pulled consumers' credit reports during online orders for internet service.

  • September 22, 2026

    Panel Hints Hill Wallack May Face Revived Malpractice Suit

    A New Jersey state appeals court panel on Tuesday appeared troubled by a trial judge's decision to toss a malpractice suit accusing Hill Wallack LLP of mishandling the defense of a family facing labor trafficking allegations, repeatedly asking counsel whether the lower court made the factual findings required before imposing the system's harshest sanction.

  • September 22, 2026

    Colo. Justices Mull Trial Court's Authority In Water Rights Suit

    The Colorado Supreme Court grappled Tuesday with ranchers' bid for the justices to overturn a water court's order allowing a change of water right for a right they say was not at issue, questioning counsel on the water court's authority to impose certain conditions in the neighbors' 10-year legal battle.

  • September 22, 2026

    High Court Told Sony Win In $500M Patent Case Flouted Law

    The owner of a patent that Sony's PlayStation controllers were cleared of infringing has told the U.S. Supreme Court that the Federal Circuit's decision applied a rule found nowhere in the statute governing functional patent claims or in high court precedent.

  • September 22, 2026

    Lender's $8.1M In Losses Were 'Self-Inflicted,' 11th Circ. Told

    The former CEO of a lender that financed independent insurance marketers has urged the Eleventh Circuit to reverse an $8.1 million trial judgment for breaching his work terms, arguing that the damages sustained by his previous employer were "self-inflicted." 

  • September 22, 2026

    Fed. Circ. Revives VA Fellow's AI Whistleblower Claim

    A Federal Circuit panel on Tuesday revived a former technology fellow's challenge to the U.S. Department of Veterans Affairs' decision removing him from his position after he raised concerns over the agency's artificial intelligence tool used for processing disability benefits claims.

Expert Analysis

  • How Justices' TPS Ruling Affects Workforce Planning

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    The U.S. Supreme Court’s recent holding in Mullin v. Doe that courts lack jurisdiction to review temporary protected status determinations greenlights the end of TPS for thousands of Syrian and Haitian nationals, and means employers must reevaluate TPS-designees' employability while avoiding discriminatory document practices, says attorney Richard Herman.

  • How Pfizer Won Fed. Circ. Patent Dispute By 1 Carbon Atom

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    The Federal Circuit's recent refusal to revive a patent in Enanta Pharmaceuticals v. Pfizer over an alleged typo creating a one-atom difference in a COVID-19 treatment application hands defendants a template for potentially converting a triable fact question into an early dispositive ruling, say attorneys at Polsinelli.

  • What To Know Before Justices Rule In Title IX Employee Case

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    The U.S. Supreme Court is poised to decide whether Title IX protections extend to employees alleging sex discrimination in Crowther v. Board of Regents of the University System of Georgia, which could have significant implications for higher education institutions and their employees, say attorneys at Ropes & Gray.

  • Fed. Circ. Ruling Highlights The Cost Of Incorrect Inventorship

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    The Federal Circuit's recent decision in Fortress Iron v. Digger Specialties, affirming that a fencing company's patents were invalid due to a missing co-inventor, is a reminder that confirming correct inventorship should be a critical part of every patent invalidity workup, say attorneys at Neal Gerber.

  • Future Of Fed Independence Shaky After Justices' Ruling

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    The U.S. Supreme Court's recent ruling in Trump v. Cook preserved the Federal Reserve's formal independence but could invite the president to remove board members with just modest protections, leaving the central bank's autonomy uncertain and potentially setting up fresh clashes over other agencies, says Steven Schwinn at the University of Chicago.

  • Series

    Mich. Banking Brief: All The Notable Legal Updates In Q2

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    The second quarter brought several notable financial services law developments to Michigan, including a U.S. Supreme Court ruling on state tax foreclosures, progress on a money transmission modernization bill package, and continued legislative momentum on cryptocurrency and mortgage lending, say attorneys at Dykema.

  • Justices' Ruling Alters Playing Field For State Subpoena Suits

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    The U.S. Supreme Court’s decision in First Choice Women’s Resource Centers v. Davenport will spark more federal court challenges to state subpoenas, but procedural defenses will block some merits decisions, so plaintiffs must carefully time and manage parallel federal and state proceedings, say attorneys at Troutman.

  • 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.

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