Appellate

  • September 25, 2026

    Rail Industry Wants Full 11th Circ. To Review FRA Rule

    Railroad industry groups are asking the Eleventh Circuit to hold an en banc rehearing after a split panel rejected their challenge to a 2024 Federal Railroad Administration rule requiring two-person train crews, saying the panel's decision expands agency authority and goes against Supreme Court precedent.

  • September 25, 2026

    Colo. Panel Puts Burden On Defense In Coercion Claims

    An appeals court in Colorado has ruled for the first time that an evidentiary hearing is not always necessary to determine whether statements made to police by third-party codefendants were made voluntarily.

  • September 25, 2026

    Southwest Investors Ask 5th Circ. To Revive 'Meltdown' Suit

    Southwest Airlines investors have asked the Fifth Circuit to revive their securities fraud suit, alleging the airline's 2022 holiday travel "meltdown" stemmed from outdated technology and a flawed flight route structure, and that they have provided enough evidence showing the company made false statements to the public.

  • September 25, 2026

    US To Appeal Calif. Wind Farm's $49.4M In Cash Grants

    The federal government will appeal the U.S. Court of Federal Claims' July approval of $49.4 million in additional renewable energy cash grants to the country's second-largest wind farm, which has been embroiled in a decade-old dispute over the funds, according to a filing Friday.

  • September 25, 2026

    Balancing The Scales: Concealed Carry, 'Weird' Arguments

    The Eleventh Circuit ruled that police spotting a gun protruding from a defendant’s pocket wasn’t enough to trigger reasonable suspicion in Florida, a state where concealed carry is treated as presumptively legal, and the Fifth Circuit rejected a “weird” argument from a person convicted of being a felon in possession. Here, Law360 highlights access to justice stories arising from litigation, verdicts and judgments you may have missed.

  • September 25, 2026

    How A Calif. Ruling May Ease Court Reporter Shortage Effect

    A recent California Supreme Court ruling could help low-income litigants overcome a court reporter shortage that has left millions of hearings without an official record, undermining their chances of successfully appealing court decisions. For domestic violence survivors, advocates say, that record can mean the difference between challenging a potentially dangerous court order and having no viable path to appeal.

  • September 25, 2026

    A2J At The High Court: Gun Bans, Voting And Civil Remedies

    From the right to own semiautomatic rifles to the rules governing voter registration, the upcoming U.S. Supreme Court term will see the justices tackle a broad swath of constitutional and access to justice issues.

  • September 25, 2026

    Online Gambling Co. Wins £13M Tax Appeal Over Free Spins

    A gambling company isn't liable for about £13.2 million ($17.5 million) in U.K. remote gaming duties because free spins it awarded as prizes from a game for new users qualified for an exclusion from those duties, a London court said Friday.

  • September 25, 2026

    Justices Block Missouri's New Midterm Map In Loss For GOP

    The U.S. Supreme Court late Friday barred Missouri from using in its impending midterm elections a newly redrawn congressional map that would favor Republicans, rejecting the Eighth Circuit's restoration of revised boundaries and likely ending a litigation whirlwind that reached the justices thrice this month.

  • September 25, 2026

    Calif. Appealing Order Faulting Cannabis Tracking System

    California's cannabis regulator will appeal a state court's judgment finding that the agency failed to implement a system highlighting suspicious marijuana transactions as it was required to do so by state law.

  • September 25, 2026

    DC Circ. Backs Bitcoin Fog Crypto Mixer Conviction

    The D.C. Circuit upheld the conviction of Bitcoin Fog operator Roman Sterlingov in a Friday opinion that found the government adequately tied his conduct to the D.C. venue and introduced sufficiently reliable forensic evidence to link him to the cryptocurrency mixing service.

  • September 25, 2026

    DC Circ. Backs Buy America Waiver For Brightline Trains

    The D.C. Circuit on Friday rejected Alstom Transportation Inc.'s challenge of a Buy America waiver approved for trains for a high-speed rail project linking Las Vegas to Southern California, holding that the waiver is reasoned and aligns with federal requirements.

  • September 25, 2026

    9th Circ. OKs Class Cert. In Classmates.com Name Use Case

    The Ninth Circuit has approved a lower court's certification of a class of Californians suing over their names appearing in the yearbooks platform Classmates.com, rejecting a number of challenges from the website's operator, including that the lead plaintiff couldn't adequately represent the class.

  • September 25, 2026

    3rd Circ. Backs Pa. Milk Bond Law In NJ Cheese Co.'s Suit

    The Third Circuit has upheld a Pennsylvania law requiring milk distributors to post an annual bond to the state, rejecting a New Jersey cheese seller's claims that the rule unfairly restrains interstate commerce.

  • September 25, 2026

    Clothing Co. Settles TM Suit With Chinese Seller After Appeal

    A clothing company has settled its counterfeiting lawsuit against a Chinese e-commerce seller after the Seventh Circuit revived the dispute in May, directing a lower court to determine if the rules of The Hague Service Convention apply and prohibit the email service of the complaint.

  • September 25, 2026

    Fla. Panel Rejects Punitive Damages In Fatal Truck Crash Suit

    A Florida state appellate court on Friday rejected a bid by two families to add punitive damages in their lawsuit alleging that a semitruck driver caused a crash that killed a young couple, finding no error by the lower court.

  • September 25, 2026

    Verdict Axed Over Injured Homeowner's Absence At Trial

    A Florida appellate panel on Friday said a homeowner is owed a new jury trial in an insurance dispute over coverage for losses from a plumbing incident, finding a lower court should have declared a mistrial when the homeowner was seriously injured and unable to attend the trial.

  • September 25, 2026

    2nd Circ. Rules $7.25M Mansion Belongs In Guo's Ch. 11

    The Second Circuit on Friday upheld a Connecticut bankruptcy court decision that folded a $7.25 million mansion into the Chapter 11 estate of convicted fraudster Miles Guo, turning away his wife's argument that she actually controlled the property's corporate owner.

  • September 25, 2026

    Full 2nd Circ. Won't Revisit Rejection Of Feds' No-Bond Policy

    The en banc Second Circuit on Friday denied a request by the Trump administration for the full court to rehear a unanimous panel decision rejecting the government's argument that noncitizens who entered the U.S. unlawfully aren't eligible for bond.

  • September 25, 2026

    Google Win Over Online Ad Patent Case Upheld By Fed. Circ.

    The Federal Circuit on Friday refused to revive an advertising management system company's infringement suit against Google and YouTube, agreeing with a California federal judge's finding that the claims at issue were invalid under the U.S. Supreme Court's Alice precedent.

  • September 25, 2026

    Pitt Can't Sue Marshall U. In College Football Hosting Spat

    West Virginia's constitution does not allow the University of Pittsburgh to haul Marshall University into a Pennsylvania court for a dispute over a canceled college football game, a Keystone State appellate panel ruled Thursday.

  • September 25, 2026

    Mass. Man Can Try To Undo Plea Over DA Misstatements

    Massachusetts' intermediate appeals court on Friday gave a man a chance to withdraw his guilty plea to an alleged 1999 rape, citing evidence that a prosecutor gave his plea counsel a misleading summary of the DNA evidence.

  • September 25, 2026

    Unions Urge 2nd Circ. To Back Reviving Uber, Lyft Driver Law

    A group of unions and workers' rights advocates has asked the Second Circuit to lift the block on a municipal ordinance banning Uber and Lyft from kicking drivers out of the app without a formal notice or an investigation, claiming the district court was wrong to stop the law.

  • September 25, 2026

    Supreme Court Revives DHS Voter Citizenship Database

    The Trump administration can reinstate the U.S. Department of Homeland Security's upgraded citizenship verification database ahead of this year's midterm elections, the U.S. Supreme Court ruled Friday.

  • September 25, 2026

    DC Circ. Denies Anthropic's Security Risk Suit Against DOD

    A divided D.C. Circuit panel ruled Friday the Pentagon was justified in citing national security concerns to exclude Anthropic's suite of Claude artificial intelligence models from its supply chain.

Expert Analysis

  • Fed. Circ. Rulings Emphasize Adjudicative Access And Review

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.

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