Appellate

  • September 29, 2026

    Fired Black Teacher Tells 4th Circ. To Revive Race Bias Suit

    A Black teacher is looking to reverse a summary judgment ruling in his racial bias suit favoring the charter school that fired him, telling the Fourth Circuit the school's allegedly conflicting reasons for terminating him support an inference of discrimination.

  • September 29, 2026

    NJ Panel Questions Atty's Authority In $600K Injury Settlement

    A New Jersey appellate panel Tuesday vacated a trial court's orders enforcing a $600,000 settlement in a personal injury case, sending the case back for an evidentiary hearing to determine whether counsel for one of the settling defendants had the authority to settle.

  • September 29, 2026

    Embattled Ga. Judge Looks To Oust JQC Panel Member

    A Georgia state judge said a Judicial Qualifications Commission panel member needs to step away from an ethics case against her because of the member's close friendship with a potential witness. 

  • September 29, 2026

    Full 5th Circ. Asked To Review Limited Partner Tax Ruling

    A Texas-based business consulting firm urged the Fifth Circuit's full bench to review a panel's revised opinion that narrowed a tax break for limited partners, arguing it eliminated a clear test for determining which partnership members are exempt from self-employment tax.

  • September 29, 2026

    10th Circ. Sides With Early Retirees In Union Pension Fight

    The Tenth Circuit on Tuesday backed a group of union retirees who alleged they were wrongly denied early retirement benefits from a multiemployer pension plan after they withdrew from work that was covered by a collective bargaining agreement, reviving one of their claims while rejecting an appeal from the plan's trustees.

  • September 29, 2026

    Tax Co. Urges 5th Circ. To Deny Microcaptive Rules Case Stay

    A global tax services provider asked the Fifth Circuit to deny the IRS' request to stay its challenge to the agency's reporting rules for microcaptive insurance companies pending the resolution of a similar case before the appeals court, saying it should be allowed to present its own arguments.

  • September 29, 2026

    11th Circ. Urged To Undo School's Ban On Penguins Book

    Book authors urged the Eleventh Circuit on Tuesday to overturn a Florida school's ban on a children's novel about two male penguins that partnered to raise a chick, arguing that the lower court unlawfully created a new exception for governments to regulate private speech. 

  • September 29, 2026

    Justices Allow Third-Country Removals To Resume, For Now

    The U.S. Supreme Court on Tuesday allowed the Trump administration to resume, for now, deporting immigrants to countries besides their own, while agreeing to review the legality of the practice.

  • September 29, 2026

    UCF Administrators Seek Immunity In Prof's Firing Suit

    Administrators for the University of Central Florida told the Eleventh Circuit on Tuesday that they should be entitled to qualified immunity on retaliation claims brought by a psychology professor after he posted about the death of George Floyd on social media in 2020.

  • September 29, 2026

    11th Circ. Won't Pause Sanctions Against Trump In IRS Case

    An Eleventh Circuit panel refused Tuesday to pause a district court's sanctions order barring President Donald Trump and others from citing the agreement he made to settle his $10 billion suit against the Internal Revenue Service while they appeal the order.

  • September 29, 2026

    Qualcomm Presses High Court To Ignore FedEx RPI Dispute

    Qualcomm wants the U.S. Supreme Court to skip a bid from FedEx to examine the Federal Circuit's refusal to review whether the technology company complied with real-party-in-interest requirements in a patent challenge, arguing the same type of dispute won't likely come up again.

  • September 29, 2026

    3rd Circ. Affirms Thomson Reuters' Westlaw AI Copyright Win

    The Third Circuit on Tuesday upheld Thomson Reuters' victory against Ross Intelligence Inc. in the first U.S. appellate ruling to address whether artificial intelligence training can be fair use of copyrighted material, upholding a Delaware federal court's decision that the startup infringed Westlaw headnotes by using material derived from them to develop an AI-powered legal search tool.

  • September 29, 2026

    DC Circ. Won't Rehear Ute Tribe's 1.5M-Acre Land Fight

    An en banc D.C. Circuit won't rehear a Utah tribe's petition to overturn a decision that says it has no compensable title to 1.5 million acres in the state after the Indigenous nation argued that the lower court misinterpreted an 1880 law.

  • September 28, 2026

    Immigrants Urge Justices To Block 3rd-Country Removals

    Immigrant rights advocates urged the U.S. Supreme Court on Monday to reject the Trump administration's request to continue deporting migrants to countries other than their nations of origin, contending the policy conflicts with federal law barring people's removal to places where they face likely persecution or torture.

  • September 28, 2026

    6th Circ. Narrows Scope Of Injunction On Ohio Hemp Law

    Ohio officials can enforce much of a state law that reclassified hemp products as marijuana, the Sixth Circuit has ruled, only prohibiting state officials from enforcing on certain companies the parts that put geographical limitations on where cannabis products can be sourced.

  • September 28, 2026

    Bayer's COVID Vax IP Suits Against Moderna, Pfizer Survive

    Bayer CropScience was cleared to pursue its patent infringement suits against COVID-19 vaccine makers Pfizer, BioNTech and Moderna, after a judge sitting in Delaware upheld its cases on Monday.

  • September 28, 2026

    Alito Makes Last-Minute Recusal From Colo. Climate Case

    Justice Samuel Alito on Monday recused himself from the city and county of Boulder, Colorado's climate change tort lawsuit against Exxon Mobil Corp. and Suncor Energy, just a week before the case is set to be heard by the U.S. Supreme Court.

  • September 28, 2026

    Apple Briefs Set Stage For Challenge To Record $5.7B Verdict

    Friday's $5.7 billion verdict against Apple Inc. for infringing Taction Technology Inc.'s vibration technology patents is the largest in history, eclipsing many others that have been overturned, and filings by Apple preview its arguments for why this one should meet the same fate.

  • September 28, 2026

    CFPB Rips Bid To Ax $43M Debt-Relief Win As 'Frivolous'

    The Consumer Financial Protection Bureau has urged the Seventh Circuit to uphold a more than $43 million enforcement judgment against the former operator of a defunct debt relief provider, defending the agency's lower-court win in a case that has stretched across three presidential terms.

  • September 28, 2026

    Wash. Can Pursue Gold Mine Pollution Claims, 9th Circ. Says

    A Ninth Circuit panel revived Washington state's Clean Water Act lawsuit against the operator of the Buckhorn Mountain gold mine Monday, reversing a district court's ruling that the state's claims were barred because of another plaintiff's settlement in the consolidated case.

  • September 28, 2026

    Board Denies Khalil's 'Fallacious' Bid To End Removal Case

    The Board of Immigration Appeals denied a bid from pro-Palestinian activist Mahmoud Khalil to terminate his removal proceedings after he was found deportable on foreign policy grounds, rejecting his position that he was denied a fair hearing.

  • September 28, 2026

    9th Circ. Rules Cops' Gunpoint Arrest Constitutional

    A Ninth Circuit panel has ruled that two California police officers who allegedly aimed their guns at a compliant suspect acted reasonably and enjoyed qualified immunity protection from the man's civil rights lawsuit, reversing a district court's finding that they may have used unconstitutional excessive force.

  • September 28, 2026

    Sanction Bids In LKQ, GM Patent Case Are Rejected By Judge

    General Motors and a company that got the Federal Circuit to set more flexible standards for assessing whether a design patent is obvious had their requests to sanction each other shot down on Monday in a patent dispute over two vehicle fender designs.

  • September 28, 2026

    US Presses High Court To Skip Tesla Case Over PTAB Review

    The federal government has urged the U.S. Supreme Court to pass on Tesla Inc.'s challenge to the U.S. Patent and Trademark Office's limits on patent challenges, arguing Friday that the agency is under no obligation to grant requests for patent review.

  • September 28, 2026

    Fla. Panel Denies Standing For Partial Loss Of City Views

    A Florida state appellate panel has affirmed a Tampa property owner's dismissal of a zoning lawsuit alleging a nearby building exceeded height standards, saying that a partial obstruction of city skyline views doesn't give standing to sue. 

Expert Analysis

  • Monsanto Ruling Bolsters Generic Drug Labeling Preemption

    Author Photo

    The U.S. Supreme Court's recent decision in Monsanto Co. v. Durnell concerns herbicide labeling regulated by the Federal Insecticide, Fungicide, and Rodenticide Act, but also carries weighty implications for preemption of state law labeling claims against drug manufacturers, say Terry Henry and Ann Querns at Blank Rome and Melanie Leney at Aurobindo Pharma.

  • Justices' Tax Sale Ruling Tees Up Auction Fairness Battles

    Author Photo

    The U.S. Supreme Court’s recent decision in Pung v. Isabella County, Michigan, that taxpayers are not entitled to fair market value of real property seized to satisfy a tax debt shifts attention to the fairness of state and local auction procedures, and whether taxpayers claiming surplus proceeds face unwarranted hurdles, say attorneys at Miller Canfield.

  • Why The 2nd Circ. Upheld Beneficial Ownership Blockers

    Author Photo

    The Second Circuit recently held that a properly drafted contractual blocker — which caps an investor's beneficial ownership below 10% and automatically voids any transaction that would breach the cap — shields the investor from Section 16(b) liability, demonstrating that blockers have teeth, say attorneys at Sheppard.

  • Patent Eligibility Reforms Keep Chasing The Wrong Fixes

    Author Photo

    Repeated efforts to create a consistent, predictable patent eligibility standard under Section 101 have centered on replacing judge-made exceptions with new statutory language, but the better fix is to align examination standards with how courts actually apply eligibility doctrine, says former Patent Trial and Appeal Board judge Amee Shah.

  • Opinion

    Qualified Immunity Bill's Reach Goes Beyond Federal Officers

    Author Photo

    The federal Qualified Immunity Abolition Act, introduced earlier this year and described by the bill sponsors as a federal-officer measure, would in actuality reach the entire universe of Section 1983 defendants, a distinction that matters as much to defense counsel as to plaintiffs, says attorney V. James DeSimone.

  • Where The Justices Aligned In Appellate Authority Ruling

    Author Photo

    The real story of the U.S. Supreme Court’s recent ruling in T.M. v. University of Maryland Medical System Corp., finding that a doctrine designed to curtail duplicative litigation prevents federal district courts from reviewing state court decisions, is in how the justices together revisited an obscure, century-old jurisdictional doctrine, says Alex Dimitrief at Zeughauser Group.

  • How High Court Pepsi Case Could Brew TM Strategy Shift

    Author Photo

    The U.S. Supreme Court's forthcoming decision in RiseandShine v. PepsiCo will determine whether a judge or jury decides trademark strength in infringement disputes, which could meaningfully change early-stage motion practice, discovery and what evidence is needed to prove a mark is strong, says Rachel Scobie at Merchant & Gould.

  • State Of Insurance: Q2 Notes From Pennsylvania

    Author Photo

    Todd Leon at Marshall Dennehey highlights notable second-quarter insurance developments in Pennsylvania, including federal court opinions providing guidance on first-party and third-party insurance coverage principles, and a pending bill seeking to regulate health insurers' use of artificial intelligence.

  • High Court, SEC Proposals Set Stage For Further Fund Reform

    Author Photo

    The U.S. Supreme Court's recent decision in FS Credit Opportunities v. Saba Capital Master Fund and the U.S. Securities and Exchange Commission's proposed rulemaking packages aimed at public market reforms provide a constructive backdrop for considering additional innovations to the listed fund structure, say attorneys at Debevoise.

  • Series

    Judges On AI: Examining Administrative, Organizational Uses

    Author Photo

    U.S. District Judge Alan Albright of the Western District of Texas examines how artificial intelligence could transform a court's ability to deal with administrative work and organize materials when preparing for hearings or drafting opinions, thereby affording judges more time to resolve contested issues.

  • Why 4th Circ.'s Clean Water Act Injunction Ruling Matters

    Author Photo

    The Fourth Circuit's ruling last month in West Virginia Rivers Coalition v. Chemours, holding that a Clean Water Act permit violation does not automatically create a presumption of irreparable harm that requires a preliminary injunction, avoided a dramatic change in CWA enforcement, say attorneys at Hunton.

  • USPTO-Fed. Circ. Split Complicates Machine Learning Patents

    Author Photo

    The wide chasm between the USPTO's and the Federal Circuit's approach to eligibility for machine learning patents means that patent drafters must avoid functional claiming and specifications if they hope to avoid invalidation of a machine learning patent at the appellate court, says attorney Michael Kiklis.

  • How 9th Circ. 'Shadow Trading' Case May Affect Private Credit

    Author Photo

    Private credit firms should not wait for a result in the Ninth Circuit appeal in U.S. Securities and Exchange Commission v. Panuwat to address material nonpublic information exposure under existing statutes and take steps to ensure their internal policies and surveillance are ready for increased regulatory scrutiny, says Steve Brown at StarCompliance.

  • 4 Cert. Denials Keep Personal Jurisdiction Issues Percolating

    Author Photo

    After the U.S. Supreme Court's decisions in Ford Motor v. Montana and Mallory v. Norfolk Southern Railway expanded limits on personal jurisdiction, the justices' denials this term of four certiorari petitions suggest they are content to let jurisdiction questions brew in lower courts before weighing in, say attorneys at Hunton.

  • Class Actions At The Circuit Courts: July Lessons

    Author Photo

    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings involving wage and hour allegations, medical care for incarcerated individuals, oil and gas royalty payments, and nuisance claims.

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.