Appellate

  • September 09, 2026

    11th Circ. Orders Resentence After Hobbs Act Guideline Shift

    The Eleventh Circuit has ruled that a Florida man must be resentenced in his robbery and firearm brandishing case because a federal court used a newer version of the U.S. Sentencing Guidelines than was in effect when the offense was committed.

  • September 09, 2026

    DC Circ. Denies Bid To Force FCC Action On News Policy

    A D.C. Circuit panel declined Wednesday to compel the Federal Communications Commission to respond to a petition seeking a repeal of its news distortion policy, saying the petitioners failed to establish that they have no other adequate means to seek relief.

  • September 09, 2026

    Texas Court Finds Most Of O'Rourke Fundraising Appeal Moot

    A Texas appellate court in a split decision found that onetime presidential hopeful Beto O'Rourke's challenge to a court order blocking fundraising for state Democrats is moot and separately ruled that a Tarrant County, Texas, court has jurisdiction over the case.

  • September 09, 2026

    Mo. Voters Ask High Court To Sort Out 'Irreconcilable' Rulings

    Voters opposed to Missouri's newly drawn congressional map that favors Republicans in the midterms asked the U.S. Supreme Court on Wednesday to lift a federal judge's order requiring state election officials to use the challenged map, which the Missouri Supreme Court deemed invalid without voter approval.

  • September 09, 2026

    Ga. Panel Upholds $8.5M Verdict Over Diabetic Driver Crash

    A Georgia appeals court on Wednesday affirmed an $8.5 million verdict against a trucking company that employed a driver with a history of failing to manage his diabetes who negligently ran another big rig off the road during a medical emergency, saying certain evidence was not improperly admitted.

  • September 09, 2026

    9th Circ. Says Duress Is No Defense For Persecution

    A Ninth Circuit panel denied an El Salvador man's appeal contesting the rejection of his bid for deportation relief, ruling there is no implied duress defense to a statutory bar that withholds such relief from people who assisted in the persecution of others.

  • September 09, 2026

    Judge Denies Validity Redo After $38M Verdict Partly Revived

    Bottler Shibuya Hoppmann and dairy company HP Hood are not entitled to a new trial on the validity of Steuben Foods' bottle sterilization patents after the Federal Circuit partly revived a $38 million infringement verdict against them, a Delaware federal judge said Wednesday.

  • September 09, 2026

    NC Justices Probe TikTok's State Contacts In Addiction Case

    The North Carolina Supreme Court grappled Wednesday with whether TikTok and its parent company should have to face the attorney general's suit alleging the app is addictive to young users, with TikTok arguing its general national business practices do not create ties to the Tar Heel State sufficient to be dragged into court there.

  • September 09, 2026

    2nd Circ. Says FDIC Need Not File Claim To Save SVB Setoff

    The Federal Deposit Insurance Corp. is not required to file a claim in the bankruptcy case of Silicon Valley Bank's former parent to preserve its defensive setoff rights, the Second Circuit found Wednesday, delivering another blow to the company in its legal battle with the regulator.

  • September 09, 2026

    White Officer Wants Justices' Take On DEI Training Lawsuit

    A white former Colorado corrections officer urged the U.S. Supreme Court to weigh in on whether mandated attendance at a single workplace diversity training that allegedly included discriminatory content is enough to warrant reinstating his race harassment lawsuit. 

  • September 09, 2026

    Texas Justices Deny Bid To Undo $37M Arbitration Award

    The Texas Supreme Court on Wednesday declined to take up a bid by a Dallas-based alternative investment company seeking to toss a $37 million arbitration award in favor of the company's former director.

  • September 09, 2026

    States, Amici Ask Justices To Keep Mail Ballot Rules On Ice

    Nearly half of the states and the District of Columbia urged the U.S. Supreme Court on Wednesday to leave in place a federal judge's order blocking the U.S. Postal Service from enforcing new mail-in ballot regulations in this year's midterms, arguing the changes are a major political decision USPS had no authority to make. 

  • September 09, 2026

    Conn. Justices Doubt State's Bid To Split Spousal Claims

    The Connecticut Supreme Court appeared skeptical Wednesday of the state's assertion that government immunity laws require a separate office to consider a husband's loss of companionship claim while his wife sues UConn Health for medical malpractice in superior court, with some justices indicating split actions seemed inefficient and unworkable.

  • September 09, 2026

    3rd Circ. Stands By Upholding Lipitor Pay-For-Delay Suit Toss

    The Third Circuit has refused to rethink its decision backing a New Jersey district court's dismissal of an antitrust suit alleging Ranbaxy Laboratories Ltd. conspired to delay a generic version of the cholesterol drug Lipitor.

  • September 09, 2026

    2 House Democrats Say Trump Can't Fire Copyright Chief

    Two senior House Democrats have urged the D.C. Circuit to reject the Trump administration's claimed authority to remove Shira Perlmutter as the head of the U.S. Copyright Office, arguing that only the librarian of Congress can fire the agency's leader.

  • September 09, 2026

    Justices Call For Early Response Over Paramount Merger

    The U.S. Supreme Court is giving California and other state enforcers that are challenging Paramount Skydance Corp.'s planned $110 billion purchase of Warner Bros. until later this month to respond to Iowa and Montana's bid to block the merger challenge.

  • September 09, 2026

    Pa. Panel Orders New Trial In Chiropractor Stroke Suit

    A Pennsylvania appeals panel on Wednesday ordered a new trial in a suit alleging that a chiropractor's unnecessary treatment led to his patient's stroke, saying the trial court refused to give the jury an instruction on increased risk of harm.

  • September 09, 2026

    11th. Circ. Upholds Ga. Tax Fraudster's 12½-Year Sentence

    The Eleventh Circuit affirmed on Wednesday a12½-year prison sentence for an Atlanta man who was convicted of masterminding a fraudulent tax return scheme that brought in millions of dollars.

  • September 09, 2026

    Fla. High Court Weighs Creditor's Bid To Reach Transferee

    An intellectual property attorney who holds a $90,000 defamation judgment argued before the Florida Supreme Court on Wednesday that the state's collection and fraudulent transfer statutes allow him to get a money judgment against a third-party transferee.

  • September 09, 2026

    Texas Justices Reject Sandy Hook Families' Infowars Appeal

    The Texas Supreme Court on Wednesday denied Sandy Hook families' requests to dissolve lower appeals court orders that stopped a court-appointed receiver from assuming control of bankrupt commentator Alex Jones' website Infowars and leasing the intellectual property of its parent company Free Speech Systems LLC to satire publication The Onion.

  • September 09, 2026

    Airline Group Asks Justices To Review United Vax Bias Class

    An airline industry urged the U.S. Supreme Court on Wednesday to hear United Airlines' challenge to a Fifth Circuit ruling that preserved class status in a religious bias suit over United's COVID-19 vaccine mandate, arguing the appeals court ignored the myriad individualized issues at play.

  • September 09, 2026

    Hemorrhoid Pain Can Be A Disability, EEOC Tells 3rd Circ.

    The U.S. Equal Employment Opportunity Commission filed an amicus brief with the Third Circuit on Wednesday arguing that a former FedEx supervisor's hemorrhoid condition could rise to the level of a disability under federal anti-discrimination law, despite a trial court's conclusion otherwise.

  • September 09, 2026

    DC Circ. Declines To Halt DOJ's Cannabis Rescheduling

    The D.C. Circuit on Wednesday rejected a bid to freeze a final U.S. Department of Justice rule rescheduling medical marijuana while opponents challenge the policy in the appellate court.

  • September 09, 2026

    Del. High Court Upholds Under-21 Handgun Restrictions

    The Delaware Supreme Court has reversed a lower court ruling against a state law restricting handgun access for most 18- to 20-year-olds, finding the measure did not violate the Delaware Constitution's right to keep and bear arms.

  • September 09, 2026

    Rise Brewing Urges Justices To Let Juries Weigh TM Strength

    RiseandShine Corp. urged the U.S. Supreme Court on Tuesday to reject what it called the Second Circuit's outlier rule allowing judges to decide the strength of a trademark, arguing in its opening merits brief that the question belongs to juries because it hinges on how ordinary consumers perceive a mark.

Expert Analysis

  • Fed. Circ. Rulings Emphasize Adjudicative Access And Review

    Author Photo

    Decisions from the Federal Circuit's 2026 docket indicate that the court is increasingly paying attention to whether tribunals possess authority to act, meaning practitioners will need to properly address procedural hurdles before they can argue the merits of a case, say attorneys at Reichman Jorgensen.

  • Amazon v. Perplexity Ruling Limits CFAA Reach Over AI Tools

    Author Photo

    The Ninth Circuit's recent decision in Amazon v. Perplexity provides important early guidance on how the Computer Fraud and Abuse Act applies to agentic artificial intelligence, and is the latest in a line of rulings in which courts have declined to stretch existing statutes to broadly regulate AI, say attorneys at Ropes & Gray.

  • Managing OSHA Mental Illness Logs After 5th Circ. Vacatur

    Author Photo

    Employers with facilities in multiple states need to carefully weigh their recordkeeping procedures following the Fifth Circuit’s recent decision that the Occupational Safety and Health Administration cannot require employers to log work-related mental illness, as inconsistent logs across facilities may raise other issues, say attorneys at Haynes Boone.

  • Expect More Probes After 3rd Circ. Algorithmic Pricing Ruling

    Author Photo

    The Third Circuit's recent decision in Cornish-Adebiyi v. Caesars Entertainment, allowing algorithmic price-fixing claims to proceed past motions to dismiss, may serve as a road map for how to contend with increased litigation risk in this developing area of antitrust law, say attorneys at BakerHostetler.

  • Series

    Being In A Band Made Me A Better Lawyer

    Author Photo

    Playing shows in storied New York City venues and rehearsing with my bandmates in poorly ventilated rooms helped develop the professional qualities I rely on as a litigator, including an ability to collaborate with strong-minded equals and the determination to treat each client with singular focus, says Eliad Shapiro at Herrick Feinstein.

  • Notable Q2 Updates In Insurance Class Actions

    Author Photo

    After 2026's second quarter, there is more authority rejecting class certification on total loss valuation theories from courts at the federal circuit, federal district and state appellate level — along with a resolution of a novel issue of depreciation on a wildfire claim, says Kevin Zimmerman at BakerHostetler.

  • 10th Circ. Ruling Undermines False Ad 'Two Clicks' Rule

    Author Photo

    The Tenth Circuit’s recent ruling in KetoNatural Pet Foods v. Hill's Pet Nutrition substantially challenges a long-standing assumption that a company can avoid responsibility for promotional claims simply because the consumer encountered them by clicking a hyperlink to a third-party website, say attorneys at Venable.

  • How Drug Trial Prediction Markets Pose Insider Trading Risks

    Author Photo

    Multiple prediction market platforms have recently announced plans to offer event contracts related to clinical trial outcomes and regulatory decisions, creating new insider trading risks by expanding the group of people possessing related material nonpublic information far beyond traditional corporate insiders, say attorneys at King & Spalding.

  • Mich. Ruling Gives Consumer Protection Law Its Teeth Back

    Author Photo

    The Michigan Supreme Court's recent decision in Attorney General v. Eli Lilly, overruling key holdings in two earlier cases, means that Michigan businesses can no longer defeat allegations of deceptive conduct under the state's consumer protection law simply by pointing to any governmental regulation of the business, say attorneys at DiCello Levitt.

  • Series

    Law School's Missed Lessons: Surviving A Long Trial

    Author Photo

    Most of law school trial advocacy is geared toward the sprint of trying a short case, but beyond managing a cross-examination or closing argument, effectively handling the marathon of a lengthy trial requires the ability to maintain composure, organization and credibility with the jury, says Mihir Elchuri at Hirschler.

  • A Deepening Patent-Trademark Divide Over Irreparable Harm

    Author Photo

    Recent Federal Circuit decisions, along with legislation being considered in Congress, may exacerbate the differences that patent owners and trademark owners face when seeking to stop infringement before irreparable harm is caused, say attorneys at BakerHostetler.

  • 7th Circ. Ruling May Reduce Litigation Risk For Text Marketers

    Author Photo

    The recent Seventh Circuit holding in Steidinger v. Blackstone Medical Services that unwanted marketing text messages are not telephone calls under the Telephone Consumer Protection Act may strengthen companies' responses to presuit demand letters and early-stage litigation claims premised on do-not-call text theories, say attorneys at Holland & Knight.

  • How Calif. Ruling Defines Drug Cos.' R&D Responsibilities

    Author Photo

    The California Supreme Court's recent ruling in the Gilead Tenofovir Cases, which held that drugmakers have no duty to bring allegedly safer alternatives to market more quickly, is a win for pharmaceutical companies — but not a grant of blanket immunity for all early-stage drug development decisions, say attorneys at King & Spalding.

  • Whiskey Business: Parsing The 9th Circ. Jack Daniel's IP Toss

    Author Photo

    The Ninth Circuit's recent ruling in VIP Products v. Jack Daniel's, holding a toy did not tarnish the whiskey maker's trademarks, gives fact-finders great latitude by showing that there may exist no categories of per se tarnishing content, says attorney Sara Gold.

  • Calif. Justices' Ruling Reshapes Midcase Appeal Strategy

    Author Photo

    The California Supreme Court's recent decision in Maniago v. Desert Cardiology Consultants holds that voluntary dismissal cannot be used as a shortcut to appellate review of interlocutory orders, resolving a long-running appellate split and pushing litigants to use alternative procedural tools, says Josh Patashnik at Ashurst Perkins Coie.

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.