Appellate

  • October 01, 2026

    Fed. Circ. Backs Galderma In Injection Training IP Case

    The Federal Circuit on Thursday affirmed an order clearing Galderma SA of a medical training startup's accusations that it misappropriated trade secrets related to an injection training system and derailed what could have been a lucrative deal with Allergan PLC.

  • October 01, 2026

    7th Circ. Won't Rehear Enbridge's Wis. Tribal Trespass Fight

    The Seventh Circuit has refused to rehear Enbridge Energy's petition seeking to overturn a decision that its Line 5 pipeline is trespassing on Wisconsin tribal lands, but also sent back to a lower court a $5.2 million restitution order for a portion of the pipeline's removal.

  • October 01, 2026

    Kalshi Looks To Shield Sports Offerings At 2nd Circ.

    Prediction market giant Kalshi has asked the Second Circuit to shield its sports offerings from Connecticut gaming enforcers, drilling down on its position that those offerings ought to be immune from state scrutiny.

  • October 01, 2026

    High Court Will Hear Kentucky Religious Land Use Case

    The U.S. Supreme Court has partially granted a review petition filed by a Roman Catholic nonprofit that's embroiled in a legal dispute with two Kentucky neighbors who don't want the nonprofit to build a Virgin Mary shrine on land that's next to the organization's church.

  • October 01, 2026

    Samsung Win Affirmed Over 'Scientifically Impossible' Patent

    The Federal Circuit on Thursday found that wireless communications patent claims asserted against Samsung were invalid because they did not enable a skilled person to make and use the invention, ruling that "the claims explicitly cover a scientific impossibility that cannot be made or used by a skilled artisan."

  • October 01, 2026

    Developer Bound By Emailed Settlement Offer, Court Says

    A three-sentence email with the subject line "settlement communication," which proposed a meeting followed by dismissal of a lawsuit over a real estate development, was a binding agreement to end the case, Massachusetts' intermediate-level appellate court said Thursday.

  • October 01, 2026

    Pa. Justices Back Transit Prosecutor Law Challenged By DA

    The Pennsylvania Legislature's creation of a "special prosecutor" to address Philadelphia District Attorney Larry Krasner's allegedly unsatisfactory handling of crime in the Southeastern Pennsylvania Transportation Authority does not run afoul of the state constitution because of the city's special status, the state Supreme Court ruled Thursday.

  • October 01, 2026

    Justices To Review Ex-Spouse Military Pay Suit

    The U.S. Supreme Court on Thursday agreed to review a woman's attempt to enforce a divorce settlement under which she said she was entitled to a share of her ex-husband's military retirement pay, even if he waived it to receive disability benefits.

  • October 01, 2026

    Trump Announces Judicial Noms For 5th Circ., NC

    President Donald Trump announced Thursday that he's nominating Todd Butler, a managing partner at Phelps Dunbar LLP, to serve as a judge on the Fifth Circuit. 

  • October 01, 2026

    Justices To Review Trump's No-Bond Migrant Detention Policy

    The U.S. Supreme Court on Thursday agreed to review whether the Trump administration can detain unauthorized immigrants without bond until their immigration cases conclude, regardless of whether they had already been living in the country.

  • September 30, 2026

    9th Circ. Judges Doubt X's Claims Against Anti-Hate Group

    Ninth Circuit judges appeared skeptical Wednesday of X Corp.'s bid to revive claims against two nonprofits for scraping tweets to study online hate speech, with one judge questioning X's contract damages claim and another doubting that the nonprofits could be held liable for publishing true information.

  • September 30, 2026

    Eli Lilly Loses Full Fed. Circ. Bid To Nix Teva's $177M IP Win

    Federal Circuit judges Wednesday denied Eli Lilly & Co.'s bid for a full court review of a panel decision that reinstated a $177 million jury verdict against it for infringing Teva headache drug patents, while one dissenting judge said the panel's holding "creates confusion" over enablement standards for patent method claims.

  • September 30, 2026

    7th Circ. Backs Truckers In Union Pacific BIPA Suit

    A Seventh Circuit panel on Wednesday affirmed that fingerprint scans at Union Pacific's Illinois facilities violated a state privacy law, rejecting the company's stance that a government contractor exception applies anytime the contract is active.

  • September 30, 2026

    Fed. Circ. Won't Order Judge To Invalidate Injection Patents

    The Federal Circuit on Wednesday refused to issue an order for a Utah federal judge to declare patents held by CR Bard Inc. and Bard Peripheral Vascular Inc. invalid at the request of Medical Components Inc.

  • September 30, 2026

    Defamation Litigation Roundup: Candace Owens, Firm DQ

    In this month's review of defamation fights, Law360 highlights a new suit over right-wing media personality Candace Owens and her conspiracy theories about the killing of conservative activist Charlie Kirk, as well as Quinn Emanuel's disqualification from a suit against a former client.

  • September 30, 2026

    Baker Donelson Gets 2nd Chance To Toss Malpractice Suit

    A Florida state appeals court reversed an order denying law firm Baker Donelson's bid to escape a construction company's malpractice lawsuit alleging it relied on bad legal advice, saying Wednesday the lower court must first determine if any misconduct occurred in the Sunshine State. 

  • September 30, 2026

    Tow Co. Can't Nix $27M Default Judgment, Texas Court Rules

    The father of a U.S. Postal Service worker who was totally incapacitated following a collision with a tow truck will get a second shot at securing a $27 million default judgment against the repossession company, a Texas appeals court ruled, saying the company was properly served.

  • September 30, 2026

    DC Circ. Unsure Annulled $40M Award Is 'Repugnant'

    The D.C. Circuit is set to decide whether it was "repugnant" of a Swedish court to retroactively cancel an arbitration agreement after a $40 million award had already been won, based on a finding that European Union law didn't allow it.

  • September 30, 2026

    Fed. Circ. Spurns Partial ParkerVision Appeal In Patent Suit

    The Federal Circuit on Wednesday found that it couldn't consider ParkerVision's challenge to a lower court's construction of some patent claims in its suit against Qualcomm while others from the same patent remain undecided, saying courts can't enter final judgments in such situations.

  • September 30, 2026

    23andMe Beats Calif.'s Bankruptcy Sale Privacy Challenge

    A Missouri federal judge on Tuesday denied California's bid to undo the $305 million bankruptcy sale of 23andMe over concerns that the sale sidestepped state consumer data protections, ruling that the state lacks standing to challenge the sale and that the court's "good-faith" findings aren't clearly erroneous.  

  • September 30, 2026

    Texas Court Revives Suit Over Sponge Left In Surgery Patient

    A Texas appellate court on Wednesday revived a medical malpractice suit accusing three radiologists of failing to identify a surgical sponge left inside a patient after open-heart surgery, saying there is a factual dispute over whether the plaintiffs acted with sufficient diligence to overcome a statute-of-limitations defense.

  • September 30, 2026

    3rd Circ. Topples Materiality Rule For Securities Suits

    The Third Circuit on Wednesday revived a securities fraud class action against pharmaceutical company Ocugen Inc., scrapping a decades-old circuit rule that treated a stock price's failure to move after a corrective disclosure as conclusive proof that an alleged misstatement was immaterial.

  • September 30, 2026

    11th Circ. Skeptical Of PACE Lenders' CFPB Rule Challenge

    An Eleventh Circuit panel on Wednesday appeared poised to reject an industry challenge to Biden-era Consumer Financial Protection Bureau rules for providers of property-assessed clean-energy loans, repeatedly questioning claims that the agency overstepped its authority.

  • September 30, 2026

    Ga. Judge Must Justify No Sanctions In Alice-Doomed IP Case

    The Federal Circuit on Wednesday ordered a Georgia federal judge to explain why it wasn't appropriate to sanction Epic Tech LLC when there were three major signs the patent it asserted against Pen-Tech Associates Inc. was invalid.

  • September 30, 2026

    Fla. Panel Says Hot-Car Conviction Needs Knowledge Element

    A Florida state appeals court Wednesday ruled that a nanny convicted of felony murder after forgetting she left a 10-month-old inside a hot car should be tried again, saying prosecutors used an improper underlying charge as a basis for the felony murder charge.

Expert Analysis

  • Opinion

    High Court's Abortion Pill Stay Reinforces Appellate Principles

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    The U.S. Supreme Court's recent order in Danco Laboratories v. Louisiana, staying a Fifth Circuit ruling that reinstated an in-person requirement for dispensing the abortion medicine mifepristone, should be seen not as a definitive ruling on reproductive rights, but as an affirmation of a more disciplined jurisdictional reality, says Daniel Nardo at Nardo & Associates.

  • Series

    Studying Foreign Languages Makes Me A Better Lawyer

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    Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

  • 6th Circ. Ruling Highlights Split On Labor Cost Depreciation

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    The Sixth Circuit's recent decision in Schoening Investment v. Cincinnati Casualty throws into relief the fine lines of courts' varying interpretations of whether a commercial property insurer may justifiably depreciate labor costs to determine the actual cash value of damage, says Nabila Rahim at Zelle.

  • 6th Circ. Ruling Broadest So Far In Wave Of Habeas Decisions

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    The Sixth Circuit’s recent opinion in Lopez-Campos v. Raycraft provides the most developed structural reasoning among rulings in a widening circuit split over mandatory detention after undocumented entry into the U.S., and supplies immigration practitioners a template for due process arguments in favor of habeas relief, says Kemal Hepsen at Mandamus Lawyers.

  • Opinion

    Murdaugh Reversal Masks Deeper Justice System Issues

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    The South Carolina Supreme Court's recent reversal of Alex Murdaugh's murder conviction leans heavily on improper jury influence by an ex-county clerk of court while underbilling other errors in the case, which are emblematic of larger issues with the justice system, says Barry Edwards at Fair Trial Analysis.

  • Del. Justices' Ripeness Ruling Shields Advance Notice Bylaws

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    The Delaware Supreme Court’s recent decision dismissing two AES and Owens Corning stockholder challenges of advance notice bylaws as unripe provides corporations more room to insulate their nomination procedures from activist pressure, say attorneys at Reed Smith.

  • How The High Court Expanded Freight Broker Liability

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    After the U.S. Supreme Court's decision in Montgomery v. Caribe Transport II that freight brokers may be liable for selecting unsafe motor carriers, the key question will be whether brokers used reasonable care in selecting a given motor carrier, with the concurring opinion offering some clues as to what reasonable care might look like, says Marc Blubaugh at Benesch.

  • 'Anderson Method' Ruling Shows Copyright Limits In Fitness

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    The Ninth Circuit's ruling in Tracy Anderson Mind and Body v. Megan Roup, finding that sequences of exercises developed and recorded by Tracy Anderson were not copyrightable choreographic works, is a reminder that even highly creative fitness programming can fall outside the scope of copyright protection, says Meredith Bobber Strauss at Michelman & Robinson.

  • 2nd Circ.'s Cantero Redo Complicates Mortgage Escrow Issue

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    The Second Circuit's recent decision in Cantero v. Bank of America reflects the absence of definitiveness in mortgage escrow preemption jurisprudence, leaving lenders to navigate conflicting state rules and pricing challenges amid a deepening circuit split, say attorneys at Sullivan & Cromwell.

  • 3 Rulings Show How Creditors Make Civil RICO Claims Stick

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    An Arizona federal court's recent decision concerning UniCredit Bank Austria is one of few in which creditors' claims against debtors for Racketeer Influenced and Corrupt Organizations Act violations have survived motions to dismiss, and these claims' substantial benefits make the rulings worth analyzing for guidance, says Brian Asher at Asher Research.

  • What Fed. Circ.'s Poultry Patent Ruling Says About 'About'

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    The Federal Circuit's recent decision in Enviro Tech v. Safe Foods highlights how approximation language in patent claims affects not only litigation outcomes, but also portfolio value, competitive positioning and prosecution strategy, say attorneys at Foley & Lardner.

  • Class Actions At The Circuit Courts: May Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings from cases involving allegations of Title VII violations, the Employment Retirement Income Security Act, prison dental care violations and overcharging for PACER access.

  • Texas Ruling Makes Avoiding Appraisal Nearly Impossible

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    By deciding that a coverage dispute doesn't nullify an appraisal clause, the Texas Supreme Court, in its recent Ace American Insurance ruling, makes appraisal nearly unavoidable in state personal auto and residential property disputes, says David Winter at Norton Rose.

  • Series

    NY Times Word Puzzles Make Me A Better Lawyer

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    Every morning I let The New York Times humble me with word games, which offer a chance to recalibrate my brain before the day's chaos arrives and remind me that a solution — whether to a puzzle or employment law issue — almost always exists once I find the right angle, says Amy Epstein Gluck at Pierson Ferdinand.

  • Tracking Tech Suit Is A Risk Management Reminder For Cos.

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    The Fifth Circuit recently heard oral argument in Rand v. Eyemart Express — an appeal that could reshape the legal landscape for businesses that deploy tracking tech on their websites — underscoring the importance of proactive risk management for companies across multiple industries, say attorneys at Blank Rome.

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