Appellate

  • September 15, 2026

    4th Circ. Appears Split On Reviving Comey, James Indictments

    Partisan splits were apparent Tuesday on the Fourth Circuit panel hearing the Trump administration's challenge to a federal district judge's dismissal of the indictments of former FBI Director James Comey and New York Attorney General Letitia James, with two of the three judges appearing to agree an improper appointment doomed the cases.

  • September 15, 2026

    Justices Urged To Leave Global Copyright Ruling Intact

    A Louisiana songwriter has asked the U.S. Supreme Court not to touch a ruling that allowed him to recover worldwide rights to the 1960s hit song "Double Shot (Of My Baby's Love)," saying a group of music companies had rushed the issue to the justices when only a single circuit court had weighed in.

  • September 15, 2026

    AIG Can Depose Former Texas Fraud Chief In Conduent Trial

    AIG can depose the former chief of the Civil Medicaid Fraud Division of the Texas Attorney General's Office as part of a trial to determine if the $236 million Medicaid settlement between the office and Conduent State Healthcare LLC was the result of fraud, a Delaware state court ruled.

  • September 15, 2026

    Empery Digital Loses Bid To Appeal Proxy Fight Ruling In Del.

    The Delaware Chancery Court has refused to let digital asset company Empery immediately appeal a ruling requiring it to put an activist investor's director slate on the ballot, finding the post-trial decision did not raise a novel legal issue warranting review before final judgment in the case.

  • September 14, 2026

    DOD's HIV-Positive Enlistee Ban Is 'Irrational,' 4th Circ. Told

    An attorney for people barred from joining the military for being HIV-positive called the policy irrational at a Monday en banc hearing at the Fourth Circuit, as some judges asked why they should scuttle that policy and overstep deference normally afforded to military leaders.

  • September 14, 2026

    5th Circ. Frees Ericsson Insurers In Terrorism Funding Row

    The Fifth Circuit found that multiple insurers have no duty to defend Ericsson Inc. against claims the company funded foreign terrorist organizations, saying that the suit brought by two groups of American victims of terrorist attacks alleged the company committed grave harm.

  • September 14, 2026

    7th Circ. Questions Union's Bid To Picket On Casino Sidewalk

    The Seventh Circuit seemed skeptical Monday of a Teamsters local's bid to picket on sidewalks outside a Caesars-owned casino as hundreds of employees work to unionize, suggesting the property seems too private to let the bargaining unit engage in its otherwise constitutionally protected activity.

  • September 14, 2026

    Fed. Circ. Saves Broadcom IP Suit, Says License Was Intact

    The Federal Circuit on Monday breathed new life into a company's patent and copyright infringement case against Broadcom Inc., saying in a precedential opinion that the plaintiff company didn't lose its right to bring the action when it switched its business to intellectual property enforcement.

  • September 14, 2026

    Fed. Circ. Vacates $486K, $4M Patent Trial Wins For NCS

    The Federal Circuit on Monday vacated NCS Multistage Inc.'s $486,400 trial victory over Nine Energy Service and its $4 million win against TCO Group, in a pair of disputes about the same oil well drilling patent.

  • September 14, 2026

    9th Circ. Rejects Challenge To Wash. Abortion Coverage Law

    Revisiting a church's First Amendment challenge to a Washington law mandating that certain health insurance plans include abortion coverage, a divided Ninth Circuit panel Monday concluded that the Cedar Park Assembly of God failed to point to evidence that Washington's Reproductive Parity Act targets religious conduct.

  • September 14, 2026

    Apple Urges High Court To Nix App Store Contempt Order

    Apple urged the U.S. Supreme Court on Monday to overturn a Ninth Circuit ruling that upheld a civil contempt order stemming from its decision to charge commissions to developers' transactions that steer users to cheaper outside payment methods to make purchases, saying it shouldn't be punished for violating the "spirit" of an injunction.

  • September 14, 2026

    ERISA Smoking Suit Must Be Arbitrated, Dollar General Says

    The Sixth Circuit should scuttle a proposed Employee Retirement Income Security Act class action against Dollar General by reviving and granting the company's motion to compel individual arbitration, Dollar General argued, saying a Tennessee federal judge didn't follow the right procedure when dispensing with the motion.

  • September 14, 2026

    Colo. Justices Clarify Requirement For Reviving Jury Trial Bid

    Colorado justices clarified Monday a rule on whether and when a party can revive a previously waived jury trial right by filing an amended pleading, unanimously rejecting a group of companies' argument that they timely revived their bid for a jury trial in a property damage dispute.

  • September 14, 2026

    Cumulus Tells 2nd Circ. Even Brief Stay Of Nielsen Order Is Bad

    Cumulus Media says it's going to be irreparably harmed if the Second Circuit doesn't lift the administrative stay it put in place stopping a preliminary injunction that Nielsen is challenging for the second time from going into effect while the appellate court looks at the matter.

  • September 14, 2026

    Pa. Top Court Snapshot: Ex-Sacks Weston Atty Discipline Case

    The Pennsylvania Supreme Court returns from its summer recess with arguments on exceptions to sovereign immunity, and which criteria to apply to an immigrant seeking in-home care benefits.

  • September 14, 2026

    Supreme Court Blocks USPS Mail Ballot Rules For Midterms

    The U.S. Postal Service cannot enforce new mail-in ballot regulations ahead of this year's midterm elections, the U.S. Supreme Court ruled Monday, agreeing with an earlier First Circuit order that maintained a prohibition on the purported election integrity measures taking effect.

  • September 14, 2026

    Pa. Panel Says Vigilante Video Doesn't Violate Wiretap Act

    The Pennsylvania Superior Court on Monday upheld a man's child pornography conviction, saying a vigilante group's video of his admissions, which police used to obtain a search warrant, did not violate the state's wiretap and recording law.

  • September 14, 2026

    9th Circ. Orders Review Of Border Patrol Facebook Records

    A Ninth Circuit panel on Monday conditionally vacated a man's conviction for illegally entering the U.S., ordering a district court to determine whether the government withheld evidence about the involved Border Patrol agents' activity in a Facebook group that joked about migrant deaths and hurled racist and sexist slurs.

  • September 14, 2026

    6th Circ. Revives Prisoner's Book Censorship Lawsuit

    The Sixth Circuit revived a lawsuit brought by a Michigan prisoner challenging prison officials for confiscating a book written by his sister, reversing a trial court decision that had granted summary judgment to the defendant after finding the prisoner failed to exhaust his administrative remedies under the Prison Litigation Reform Act.

  • September 14, 2026

    Colo. Justices Won't Review $3.36M Verdict Against Gas Co.

    The Colorado Supreme Court unanimously declined on Monday to hear the case of a natural gas marketing company appealing a $3.36 million jury verdict in favor of its former trading director who accused the company of failing to pay out a bonus related to his trades.

  • September 14, 2026

    5th Circ. Won't Hear 'My 600-lb Life' Reality Show Dispute

    A split Fifth Circuit refused to entertain legal questions about whether "My 600-lb Life" counts as reality television in a dispute over coverage for underlying suits brought by the show's participants, saying in a published opinion Monday that the show's producers forfeited the argument on appeal.

  • September 14, 2026

    Bove Rejects Recusal Bid Tied To DOJ Whistleblower Claims

    U.S. Circuit Judge Emil Bove declined Monday to recuse himself in a Third Circuit immigration case, saying the attorneys for the petitioner are "recycling a failed pre-confirmation political smear" on him.

  • September 14, 2026

    Calif. Panel Vacates Murder Conviction Of Pursuit Passenger

    A California appeals court has vacated the felony murder conviction of a passenger in a fatal police-pursuit crash, saying he was ineligible for the charge after a change in state law.

  • September 14, 2026

    Aetna Tells 5th Circ. DOL Can't Block Aramark Suit Arbitration

    Aetna Life Insurance Co. urged the Fifth Circuit on Monday against the U.S. Department of Labor's argument that uniform company Aramark Services Inc.'s health claims dispute with the insurer should remain in court, arguing a Texas judge erred in declining to enforce the parties' binding arbitration agreement.

  • September 14, 2026

    Mich. Justices Keep Judge Off Ballot, But 2 Urge Law Change

    The Michigan Supreme Court has declined to hear a Kalamazoo, Michigan, district court judge's challenge to her removal from the November ballot over an inaccurate affidavit of identity, leaving intact an appellate ruling that state election officials were required to reject her candidacy.

Expert Analysis

  • High Court's Hikma Decision Reshapes 'Skinny Label' Suits

    Author Photo

    The U.S. Supreme Court's decision in Hikma v. Amarin marks a significant victory for generic drug manufacturers, but rather than putting an end to so-called skinny label inducement claims, it narrows and refocuses them, say attorneys at Sterne Kessler.

  • Opinion

    At High Court, Oil Cos.' Suncor Preemption Claims Fall Short

    Author Photo

    In Suncor Energy v. Boulder County, pending before the U.S. Supreme Court, oil and gas companies argue that municipalities' climate deception claims are equivalent to emissions standards for their industry — but the suit is ultimately incapable of imposing such standards, say Thomas McGarity at the University of Texas School of Law and James Goodwin at the Center for Progressive Reform.

  • 3 Disgorgement Questions Linger After Justices' SEC Ruling

    Author Photo

    While the U.S. Supreme Court’s recent decision in Sripetch v. U.S. Securities and Exchange Commission avoided placing new limits on the SEC’s disgorgement powers, it passed over several questions, including whether the commission can seek disgorgement when returning the money to investors isn't possible, says David Slovick at Kopecky Schumacher.

  • Checking For AI Errors Is Now A Two-Way Street

    Author Photo

    A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

  • Opinion

    Federal Circuit Should Implement Mini En Banc Process

    Author Photo

    To fulfill its mission of uniformity in patent law while avoiding the challenges of en banc hearings, the Federal Circuit should institute mini en bancs — allowing regular three-judge panels to exercise en banc powers unless a majority of the court says otherwise, says Joshua Sohn at the U.S. Department of Justice.

  • What's Next After Justices' Last-Mile Driver Arbitration Ruling

    Author Photo

    The U.S. Supreme Court's recent decision in Flowers Foods v. Brock, refusing to narrow the scope of a Federal Arbitration Act exemption for workers engaged in interstate commerce, gives previously unprotected workers access to litigation, but preserves two potentially powerful arguments for future proceedings, say attorneys at Husch Blackwell.

  • Series

    The Biz Court Digest: Shoring Up Corporate Law In Maryland

    Author Photo

    Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

  • How End Of SEC 'Gag Rule' Affects Free Speech Certiorari Bid

    Author Photo

    The Securities and Exchange Commission's recent rescission of the so-called gag rule, which forbade defendants in settlements from denying the SEC’s allegations, may sway the outcome of a petition to the Supreme Court in a case challenging the rule on First Amendment grounds, say attorneys at Troutman.

  • 2nd Circ.'s Embedded Video Ruling May Protect Publishers

    Author Photo

    The Second Circuit's recent decision in Richardson v. Townsquare, dismissing an infringement claim arising from an embedding of a YouTube-hosted interview, reaffirms a potent defense for publishers who regularly use social media platforms' embed functionality, says Amanda Harris at Jassy Vick.

  • Federal Officer Removal After Justices' La. Pollution Ruling

    Author Photo

    In the wake of the U.S. Supreme Court's recent ruling in Chevron USA v. Plaquemines Parish, companies seeking to use federal officer removal to move litigation out of state court should ask three questions, focusing on government contract language, federally directed activity and related conduct, say attorneys at Hollingsworth.

  • Series

    Competing At Poker Makes Me A Better Lawyer

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Appellate archive.