Appellate

  • October 13, 2026

    11th Circ. Lowers Bar For Getting ERISA Claims Into Court

    The full Eleventh Circuit on Tuesday overturned decades-old precedent that took a strict view of when federal benefits law claims could be brought in court, reviving a proposed class action alleging mismanagement of a seafood company's employee stock ownership plan.

  • October 13, 2026

    Justices Agree To Hear Habeas Case About Circuit Splits

    The U.S. Supreme Court on Tuesday agreed to consider whether prisoners can appeal denials of their federal habeas corpus petitions if there is a circuit split on the issue underlying their petition, even if their home circuit has precedent against them.

  • October 13, 2026

    High Court Will Not Hear Fiat Chrysler Defect Row

    The U.S. Supreme Court on Tuesday declined to weigh whether an arbitrator or a court should decide the proper venue for a dispute involving a nonsignatory to an arbitration agreement in an appeal brought by Fiat Chrysler in a proposed class action over allegedly defective Jeep and Dodge headrests.

  • October 13, 2026

    High Court Sends Back $28M Roundup Verdict After Durnell

    The U.S. Supreme Court on Tuesday remanded a case involving a $28 million award to a California man who developed non-Hodgkin lymphoma after using Monsanto's Roundup weed killer, following its recent ruling that federal law barred failure-to-warn claims over the pesticide.

  • October 13, 2026

    High Court Won't Take Up Texas A&M Prof's FMLA Appeal

    The U.S. Supreme Court refused Tuesday to review a Texas A&M University professor's lawsuit alleging she was denied tenure because of pregnancy-related time off, leaving in place a state court's conclusion that the college had immunity from her Family and Medical Leave Act claims.

  • October 13, 2026

    High Court To Consider DOGE FOIA Dispute

    The U.S. Supreme Court announced Tuesday it will review the D.C. Circuit's decision to greenlight limited discovery aimed at determining whether the Department of Government Efficiency is an agency subject to the Freedom of Information Act.

  • October 13, 2026

    Justices Won't Eye 'Weaponized' Sanctions Of Election Attys

    Despite outrage among Ninth Circuit conservatives, the U.S. Supreme Court declined Tuesday to scrutinize six-figure sanctions of lawyers who challenged Arizona election protocols, leaving intact discipline designed to "send a message."

  • October 13, 2026

    High Court Won't Hear NYC Loft-Conversion Petition

    The U.S. Supreme Court on Tuesday declined to review a decision from New York's highest court determining that New York City fees for converting artist lofts into residential units are legally enforceable.

  • October 13, 2026

    Supreme Court Won't Weigh Employer-Knowledge OT Defense

    The U.S. Supreme Court declined on Tuesday to review whether an employer owes overtime pay if it did not have knowledge that the worker was putting in the extra hours, avoiding reconsideration of a Fifth Circuit ruling in a wage case against Texas Farm Bureau.

  • October 13, 2026

    Justices Turn Away Ex-Ruby Tuesday Execs' Benefits Case

    The U.S. Supreme Court on Tuesday rejected former Ruby Tuesday executives' bid for review of their claims that Regions Bank underpaid them after their deferred compensation benefits were liquidated in bankruptcy, turning away a case the ex-executives said presented a circuit split.

  • October 13, 2026

    Justices Won't Review Ohio's Out-Of-State Wine Sales Law

    The U.S. Supreme Court refused on Tuesday to review a Sixth Circuit ruling that found Ohio's law banning the shipment of wine to consumers in the state by out-of-state retailers is unconstitutional.

  • October 13, 2026

    Justices To Weigh If Cooking For Terrorists Bars Asylum

    The U.S. Supreme Court on Tuesday said it will review whether a Nigerian man's short stint as a cook for a terrorist group constituted "material support" that would render the already deported man ineligible for asylum.

  • October 09, 2026

    5th Circ. Judges Clash Over Trans Restroom Photo Case

    A split Fifth Circuit on Friday declined to rehear a preliminary injunction bid in a case challenging the constitutionality of enforcing a Texas privacy law against a plaintiff who tweeted a photo of a trans woman in a bathroom, spurring three judges to author contentious concurring and dissenting opinions.

  • October 09, 2026

    9th Circ. Sides With Forest Service In Idaho Project Suit

    The Ninth Circuit on Friday reversed a lower court's finding that the U.S. Forest Service ran afoul of the National Forest Management Act when it approved an Idaho project, ruling the court erred when analyzing the project's compliance with limits on road construction in areas in and around bear habitat.

  • October 09, 2026

    Calif. Commission Bumps Up 3 Judges To Appellate Posts

    California's Commission on Judicial Appointments voted to elevate three Superior Court judges to state appellate court positions in Los Angeles and Santa Ana, the commission announced Friday.

  • October 09, 2026

    Iberdrola Loses Bid To Revive Mass. Power Plant Fraud Suit

    A New York appellate court has declined to revive an Iberdrola unit's lawsuit accusing the funders of a Massachusetts power plant project of tricking the energy company into largely completing construction before interfering in the contract to avoid funding the work.

  • October 09, 2026

    Texas Homeowners Lose Appeal In Harvey Flood Suit

    A Texas appellate court ruled Friday that the companies behind a housing development had no duty to prevent the catastrophic flooding associated with Hurricane Harvey, handing a defeat to homeowners in a suit that appeared to pose a novel issue given the historic storm.

  • October 09, 2026

    Cities Ask Justices To Undo Texas-DOJ Immigration Rule Deal

    Democracy Forward Foundation and several cities asked the U.S. Supreme Court on Friday to stay a district court's approval of a deal Texas and the Trump administration struck to vacate a Biden-era rule allowing immigration courts to temporarily close cases.

  • October 09, 2026

    Expert's Failure To Identify Doctors Dooms Texas Med Mal Suit

    A Texas appellate court has tossed a medical malpractice lawsuit accusing three doctors of failing to diagnose a woman's brain cyst, holding that the plaintiff's expert report failed to identify which physicians allegedly caused the woman's injuries.

  • October 09, 2026

    Pot Farm Seeks Review Of 6th Circ. Federal-Illegality Ruling

    A Michigan cannabis farm is asking the Sixth Circuit to reconsider a recent holding that contracts in the federally illegal marijuana industry are unenforceable, saying the ruling would cause "unimaginable instability" in jurisdictions with legalized cannabis.

  • October 09, 2026

    Atty Wrongly Axed CitiMortgage Suit, Clients Tell NC Justices

    A couple asked the North Carolina Supreme Court to revive their lawsuit against CitiMortgage Inc., claiming their attorney permanently dismissed their claims without their permission when they had agreed only to a dismissal that would allow them to refile.

  • October 09, 2026

    Pa. Justices Won't Extend Deadline For 'Skill Games' Removal

    The Pennsylvania Supreme Court has denied a request from three state lawmakers and a group of "skill games" operators to extend the deadline for businesses to remove devices that the high court recently deemed illegal slot machines.

  • October 09, 2026

    11th Circ. Orders Resentencing Under New Robbery Rule

    The Eleventh Circuit has ruled that a man convicted of robbing two auto parts stores should be resentenced because changes in the federal sentencing guidelines retroactively updated language relating to the physical restraint of a victim.

  • October 09, 2026

    DirecTV, AGs Can't See Nexstar-Tegna Benefits Yet

    A California federal magistrate judge refused to make Nexstar and Tegna explain how their $6.2 billion merger will boost local news against streaming competition and accelerate technological transition, rejecting as premature a motion to compel from DirecTV and the bipartisan coalition of state attorneys general challenging the deal.

  • October 09, 2026

    Mass. Court Hints At 2nd Look Of $165M Insurance Judgment

    Massachusetts' highest court hinted Friday that it could order a judge to show how she calculated the restitution included in a $165 million judgment against three UnitedHealth-owned companies for deceptive marketing practices.

Expert Analysis

  • 9th Circ. 'Bad Spaniels' Ruling Rewrites TM Dilution Playbook

    Author Photo

    The Ninth Circuit’s recent ruling that each element of the Jack Daniel's packaging parodied by the Bad Spaniels dog toy must be independently assessed for fame narrows trademark owners' ability to use a flagship mark's halo effect to protect the entire brand from tarnishment, say attorneys at Reed Smith.

  • Fed. Circ. In July: Meeting The Enablement Requirement

    Author Photo

    The Federal Circuit's decision in Wyeth v. AstraZeneca last month exemplifies when a generalized conception of an invention is insufficient to enable the full scope of asserted patent infringement claims, and may lead to more enablement challenges, say attorneys at Knobbe Martens.

  • Calif. Ruling Opens Del. Cos. Up To Stockholder Inspection

    Author Photo

    A California appellate court's recent decision in Salamon v. Orchid Global underscores that despite last year's amendments to the Delaware General Corporation Law, Delaware companies with principal operations in California remain subject to California's broader and more stockholder-protective inspection regime, say attorneys at Sheppard.

  • What 9th Circ. Devas Ruling Means For AI Infrastructure Deals

    Author Photo

    The Ninth Circuit's recent confirmation of a $2 billion arbitration award in Devas Multimedia's arbitration against a state-owned commercial arm of India’s space agency creates a cross-border enforcement road map for disputes that are bound to arise from the current generation of artificial intelligence infrastructure deals, says Fernanda Merouco at Davis Wright.

  • 9th Circ. Wage Ruling Shows Arbitration Pacts Are Still Useful

    Author Photo

    After years of uncertainty for California employers, the Ninth Circuit’s recent Cocom v. ABM Aviation decision signals that workplace arbitration agreements remain a powerful and enforceable tool — if thoughtfully drafted and employment-focused, says Benjamin Runge at Thompson Coburn.

  • Series

    Taekwondo Makes Me A Better Lawyer

    Author Photo

    Taekwondo has taught me to recognize when to fight for a position and when to focus on finding a solution, and that the best outcomes are often achieved by solving problems — all of which has improved my work as a bankruptcy lawyer, mediator and Subchapter V trustee, says Amy Denton Mayer at Berger Singerman.

  • Class Actions At The Circuit Courts: August Lessons

    Author Photo

    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses seven recent rulings from cases involving Class Action Fairness Act jurisdiction, appellate jurisdiction, attorney fees and employment rights.

  • 3rd Circ. Hotel Ruling Flags Key Issues In Dynamic Pricing

    Author Photo

    The Third Circuit's recent decision in Cornish-Adebiyi v. Caesars Entertainment relies on allegations that competitors used nonpublic data to set real-time rates considered exorbitant, highlighting both the potential risks and substantial benefits of utilizing emerging technologies, say attorneys at Baker McKenzie.

  • 4th Circ. Class Cert. Ruling Offers Tips For Damages Experts

    Author Photo

    The Fourth Circuit's recent decision reversing class certification in litigation against Boeing raises the cost of a bare-bones damages model proposal for plaintiffs, but it also clarifies what a defensible proposal should contain, say Alok Khare and Erica Rose at FTI Consulting.

  • Opinion

    'Plain Meaning' Requires Plainer Meaning In IP Litigation

    Author Photo

    The Federal Circuit's recent decision in Socket Solutions v. Import Global highlights the frequent ambiguity surrounding courts' references to "plain meaning" in patent claim construction — an ambiguity that should be resolved by courts, not litigants, say attorneys at Klarquist Sparkman.

  • What To Know As Legal Duty To Consider AI Takes Shape

    Author Photo

    While the U.K. Jurisdiction Taskforce’s recent statement on liability for artificial intelligence harms is nonbinding for both U.K. and U.S. lawyers, it highlights the importance of being able to distinguish between the availability of a tool and a professional obligation to use it, say Jonny Frank and Michael Costa at StoneTurn.

  • Patent Ruling Shows Concrete Tech Solution Key To Eligibility

    Author Photo

    The Federal Circuit’s recent Ceiva Opco v. Amazon.com decision offers an important reminder that software-related inventions can remain patent eligible when they claim a concrete technological solution to a specific problem, says Irah Donner at Manatt.

  • Appellate Vape Rulings May Expand State Regulation Powers

    Author Photo

    Two recent federal appeals courts decisions rejecting Federal Food, Drug and Cosmetic Act preemption challenges to state electronic nicotine delivery systems directory laws signal an emerging appellate consensus that could significantly expand states' power to regulate vaping product sales where federal enforcement falls short, say attorneys at Troutman.

  • How Solar Fraud Case Affects Lender Oversight Of Dealers

    Author Photo

    The U.S. Supreme Court's refusal to review the Third Circuit's ruling in Migliore v. Sunlight Financial means that residential solar finance companies are protected from vicarious liability for deceptive acts by independent solar dealers — but lenders must still take steps to guard against dealer misconduct, says Rand Manasse at Green Lane Partners.

  • 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.

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.