Appellate

  • September 04, 2026

    Colo. Panel Says Obscenity Can Be Proved Without Viewing It

    A Colorado appeals court has upheld a woman's conviction for allowing her underage daughter to view obscene materials provided by the girl's father, finding that prosecutors in the state are not required to show the lurid materials directly to a jury to prove their case.

  • September 04, 2026

    Mo. Hotel Can't Undo $1M Dog Attack Default Judgment

    A Missouri appeals court affirmed a $1 million default judgment entered against a former hotel in a suit brought by a guest who was injured when he was attacked by another guest's dog, saying the hotel failed to establish good cause for setting aside the award.

  • September 04, 2026

    Full 2nd Circ. To Rehear Student's Speech Removal Case

    The en banc Second Circuit will rehear a panel decision holding that a Vermont federal judge lacked authority to order immigration officials to release Palestinian green-card holder Mohsen Mahdawi, who contends the Trump administration wants to deport him over his political speech.

  • September 04, 2026

    NC High Court Snapshot: TikTok, DuPont, NCAA Top Sept.

    North Carolina's highest court is returning from its summer hiatus with a stacked September lineup of cases for oral argument, starting with a name, image and likeness suit brought by members of N.C. State University's 1983 championship basketball team against the NCAA.

  • September 04, 2026

    Justices Let FCC's New Campaign Ad Rates Take Effect

    The U.S. Supreme Court on Friday cleared the way for the Federal Communications Commission to extend discounted television and radio advertising rates previously reserved for political candidates to political parties and joint fundraising committees that buy spots in coordination with candidates.

  • September 04, 2026

    Mich. High Court Won't Force Citizenship Measure Onto Ballot

    The Michigan Supreme Court has refused to order election officials to place on the November ballot a proposed constitutional amendment requiring proof of citizenship to vote, with some justices calling for changes in the state's rules for validating petition signatures.

  • September 04, 2026

    ERISA Recap: 5 Appellate Rulings To Know From August

    The Seventh Circuit kept an Arkansas pharmacy benefit manager rule in place as not preempted by federal benefits law, the Fourth Circuit revived an Altria ex-worker's dispute over benefit plan documents, and the Eleventh Circuit reversed a pretrial win for Royal Caribbean in cruise workers' suit challenging 401(k) funds. Here, Law360 looks at those and two other major appellate decisions from August involving ERISA that benefits attorneys may want to know.

  • September 04, 2026

    Hospital Group Wants To Weigh In On $32M Yale Death Verdict

    The Connecticut Hospital Association urged a state appeals court to let it weigh in on a challenge to a nearly $32 million judgment entered against a Yale University-affiliated hospital over a premature baby's death, arguing the case presents important issues surrounding wrongful death damages.

  • September 04, 2026

    Nebraska High Court Rejects Bid To Void Medical Cannabis

    The Nebraska Supreme Court on Friday rejected an effort by state officials to void medical marijuana legalization measures that were approved by supermajorities of state voters, saying the lower court was right to dismiss the challenge.

  • September 04, 2026

    4th Circ. Affirms $2.9M IRS Fine For Unreported Accounts

    The Fourth Circuit affirmed a $2.9 million fine Friday against a Hong Kong-based U.S. businessman, holding that he should have known there was a "grave risk" of inaccurate tax filings when he failed to disclose offshore accounts to the IRS.

  • September 04, 2026

    DC Panel's Rare Rebuke Over AI Errors Flags Rules Gap

    A D.C. appellate court panel issued a rare sua sponte sanctions order on Thursday after finding nonexistent case citations in a brief filed by a McCabe Weisberg & Conway LLC attorney representing Deutsche Bank National Trust Co. in a foreclosure action, noting an apparent gap in the rules governing the court's sanctions authority.

  • September 04, 2026

    Dems Ask Justices To Deny Stay In Campaign Ad Pricing Case

    A group of Democratic candidates have asked the U.S. Supreme Court to deny a stay of a Fourth Circuit order blocking the Federal Communications Commission from extending discounted television and radio advertising rates to committees that buy spots in coordination with political candidates.

  • September 04, 2026

    3rd Circ. Revives Malpractice Claim Against Kirkland Atty

    A New Jersey divorcee may once again pursue a legal malpractice claim against a Kirkland & Ellis LLP attorney who she said lost her millions by mishandling estate documents, after the Third Circuit found it could be possible to link her alleged damages to the lawyer's work.

  • September 04, 2026

    Fla. Judge Retires, Avoids Sanctions For Political Donations

    A judge in Orlando, Florida, stepped off the bench on Friday rather than face discipline for violating a judicial ethics rule by making nearly $30,000 in political donations.

  • September 04, 2026

    11th Circ. Backs Aetna In Ex-Worker's Disability Fight

    The Eleventh Circuit upheld a lower court judgment backing Aetna's denial of long-term disability benefits to an engineering firm's former senior vice president, saying he didn't provide necessary documents to meet the test of disability.

  • September 04, 2026

    4th Circ. ERISA Docs Ruling Deepens Split, High Court Told

    A participant in Netflix's employee health plan asked the U.S. Supreme Court to reverse the Ninth Circuit's dismissal of his lawsuit alleging that the company unlawfully refused his request for plan documents, arguing that a recent Fourth Circuit decision discredits the streaming giant's argument against a circuit split.

  • September 04, 2026

    4th Circ. Backs SSI Denial Despite Disability Challenge

    The Fourth Circuit has upheld the denial of disability benefits to a North Carolina woman who said her physical and mental impairments, including agoraphobia, prevented her from working, ruling in a divided published decision that substantial evidence supported the Social Security Administration's findings.

  • September 04, 2026

    Justices Again Refuse NY Health Workers' Fight Over Vax Rule

    The U.S. Supreme Court declined Friday to reconsider its decision to pass on a legal challenge by religious healthcare workers to a pandemic-era New York state vaccination policy, despite three conservative justices' previously stated interest in the case.

  • September 03, 2026

    Wash. Justices To Hear Gordon Rees Malpractice Transfer Suit

    Washington's Supreme Court will consider whether a Great American insurance unit can inherit an equipment manufacturer's legal malpractice claims against two law firms in what the insurance company has called an issue of first impression, according to a high court order published Wednesday.

  • September 03, 2026

    Oil Cos. Seek Quick Appeal To Nix Suit Over Heat Wave Death

    Exxon, Chevron, Shell and other oil giants say they plan to seek appellate review of a Washington judge's order refusing to dismiss a civil suit over a woman's 2021 death that alleged the defendants knew their products were intensifying extreme weather patterns but downplayed risks to maximize profit.  

  • September 03, 2026

    Dutch Software Co. Asks Justices To Halt TM Trial

    A Dutch software company has asked the U.S. Supreme Court to pause a rapidly approaching trial in a trademark dispute with an American rival while it petitions for review of an injunction and contempt order that it said threaten to taint the entire proceedings.

  • September 03, 2026

    Conn. Supreme Court Snapshot: $81M Telecom Row Tops Lineup

    A 16-year-old telecommunications contract dispute over interest rates that increased to an alleged $81 million tops the docket as the Connecticut Supreme Court kicks off the first term of its 2026-27 calendar year Tuesday.

  • September 03, 2026

    Pilot Plane Forfeiture Over 6-Pack Is Excessive, Justices Told

    An 83-year-old bush pilot has told the U.S. Supreme Court that Alaska flouted precedent and applied a grossly disproportionate standard by saddling him with the "ills of alcohol abuse statewide" in trying to forfeit his $95,000 plane for transporting a six-pack of beer to a dry village.

  • September 03, 2026

    Colo. Panel Revives Man's Post-Conviction DNA Testing Bid

    A Colorado appeals court has issued new rules for when and how postconviction relief for DNA testing should be conducted in the state, with the court establishing a three-part test to determine whether a relief petition should be granted.

  • September 03, 2026

    Boeing Investors Say 4th Circ. Ruling Imperils Class Actions

    Boeing investors have asked the full Fourth Circuit to rehear a panel's "extreme" decision overturning class certification in a suit against the aerospace company over its alleged concealment of safety issues with its 737 Max fleet, arguing that the panel decision will create a "vague and unworkable standard" in the circuit if left intact.

Expert Analysis

  • 9th Circ. Ruling Exposes A Flaw In Federal Trade Secrets Law

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    The Ninth Circuit's recent decision in Comet Technologies v. XP Power, addressing a difference between the federal Defend Trade Secrets Act and California's Uniform Trade Secrets Act, shows why the DTSA's requirement that claimed trade secrets not be readily ascertainable is inherently problematic, say attorneys at Buchalter.

  • Opinion

    Birthright Citizenship Dissents Belie Originalist Interpretation

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    The three dissents in the U.S. Supreme Court's recent birthright citizenship decision clashed with originalist readings of the Constitution, applying the 14th Amendment more narrowly than its drafters, and by applying contemporary and living document approaches to constitutional interpretation, says Ediberto Roman at Florida International University.

  • Navigating The Limits Of Calif. Justices' Public Pension Ruling

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    Despite the California Supreme Court's recent holding that counties and cities wield discretion over classification and salary decisions for their public retirement board staff, it is important to remember that such authority is not unchecked as unreasonable rejections remain subject to judicial review, say attorneys at Reed Smith.

  • 3 Rulings Show High Court's Transnational Litigation Stance

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    The U.S. Supreme Court's most recent term closed with three consequential decisions for transnational litigation that illustrate the court's readiness to enforce a Congress-created cause of action for overseas conduct and unwillingness to create this liability itself, say attorneys at WilmerHale.

  • Del. High Court Ruling Signals Next Post-Jarkesy Phase

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    The Delaware Supreme Court recently ruled in Swan Energy v. Investor Protection Unit that the jury trial principles underlying the U.S. Supreme Court’s Jarkesy opinion do not compel the same result under the state's constitution, offering state courts a road map for the next phase of administrative enforcement litigation, says Benjamin Lajoie at Nelson Mullins.

  • How 'Settled Expectations' Affect Amazon's Patent Program

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    Whether the U.S. Supreme Court decides to weigh in on the U.S. Patent and Trademark Office's "settled expectations" framework could have significant consequences for how patent owners and accused sellers approach disputes in Amazon's patent evaluation process, says Barry Greenbaum at Olshan Frome.

  • Fla. Justices Give Trial Judges More Dismissal Discretion

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    The Florida Supreme Court's recent decision in Publix Supermarkets Inc. v. Goga confirmed that appellate courts should not apply a heightened standard when reviewing severe sanctions for fraud on the court, granting greater deference to trial courts, says Brent Hartman at RumbergerKirk.

  • Opinion

    2nd Circ. Tylenol Ruling Misapplies Daubert Gatekeeping

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    The Second Circuit's recent ruling in Rutledge v. Walgreen Co., holding that a lower court should not have excluded experts alleging links between prenatal acetaminophen use and autism, threatens to swallow the Daubert standard by limiting courts' consideration of scientific consensus in assessing reliability of expert testimony, say attorneys at Benesch.

  • Limiting Employer Risk If Calif. Case Upends Time Rounding

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    The California Supreme Court's holdings in recent years suggest that it may tighten the rules for — or even eliminate — time clock rounding when it decides Camp v. Home Depot, so employers should consider taking preemptive steps to guard against large potential liability, says Jacqueline Crispino at the Jhaveri-Weeks Firm.

  • AG Watch: Va. Auto Renewal Law Clears Enforcement Path

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    The most consequential aspect of recent amendments to Virginia's automatic renewal law is the enforcement authority it creates, giving the attorney general a clear statutory pathway to pursue cases involving subscription-related compliance failures under the Virginia Consumer Protection Act, says Chuck Slemp at Cozen O'Connor.

  • 4th Circ. Boeing Class Cert. Ruling May Have Limited Reach

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    While the Fourth Circuit's recent decision to reverse class certification against Boeing appears to potentially create a circuit split or heighten the standards for achieving class certification, that conclusion overlooks the decision's very specific circumstances, and its impact will likely be limited outside the circuit, say attorneys at Bleichmar Fonti.

  • Fed. Circ.'s Shaping Of Tech Patent Doctrine Resembles EPO's

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    The Federal Circuit's recent decision in Ceiva v. Amazon crystallizes an informal U.S. heuristic, "a technological solution to a technological problem," rewarding emphasis of a traceable chain from a problem to a solution — a lesson similar to the European Patent Office's "technical character" terminology, says Brandon Theiss at AddyHart.

  • Opinion

    After Monsanto, Defense Bar Must Build Case Against Lohr

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    The U.S. Supreme Court's recent decision in Monsanto v. Durnell has helped to demolish the foundation for its problematic 1996 ruling in Medtronic v. Lohr — so now defense counsel should lay the groundwork for the high court to overturn Lohr, say attorneys at Blank Rome.

  • Justices' FTC Ruling Weakens Qui Tam's Constitutional Base

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    The U.S. Supreme Court’s holding in Trump v. Slaughter, expanding presidential control over those exercising executive power, suggests that courts may be receptive to arguments challenging the constitutional foundations of the False Claims Act’s qui tam mechanism, says Daniel Passeser at Wiggin.

  • 9th Circ. Rule Block Unlikely To Deter FinCEN Cartel Focus

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    The Ninth Circuit recently blocked the Financial Crimes Enforcement Unit's border cash reporting rule, interpreting it as an impermissible use of an emergency anti-money laundering tool, but regulators are more likely to see the opinion as a road map for building a more defensible rule, say attorneys at Bradley Arant.

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