Appellate

  • August 21, 2026

    Trump Seeks Justices' Review Of DEI Grant Termination Case

    The Trump administration is urging the U.S. Supreme Court to review a Ninth Circuit decision requiring the federal government to reinstate research grants that were terminated due to presidential orders against diversity, equity and inclusion initiatives.

  • August 21, 2026

    Calif. Panel Creates Exception To Successive Prosecution Ban

    A California state appeals court panel has upheld the convictions of a man who illegally bought large-capacity magazines, creating a new exception to a rule barring successive prosecutions for multiple related crimes that have already resulted in judgments.

  • August 21, 2026

    Fed. Circ. Tosses Suit Over 'Misleading' Patent Language

    The Federal Circuit on Friday affirmed a lower court's dismissal of a lawsuit brought by inventor advocacy groups challenging what they called misleading language on patent covers, saying the groups had not shown a threat of future injury.

  • August 21, 2026

    Balancing The Scales: Diminished Capacity, Sentencing Rules

    The Michigan Supreme Court has overturned 25 years of state precedent by reviving the diminished capacity defense, and the justices in Pennsylvania said the Legislature is out of time to craft new sentencing guidelines for second-degree murder. Here, Law360 highlights access to justice stories arising from litigation, verdicts and judgments you may have missed.

  • August 21, 2026

    DC Circ. Voids Block On OMB Funding Freeze

    The D.C. Circuit on Friday vacated a district judge's block on the Trump administration's pause on a wide array of federal grants, loans and financial assistance, ruling that the Office of Management and Budget's rescission of the memorandum rendered the lawsuit moot.

  • August 21, 2026

    Investor Keeps $6.9M Del. Award But Loses Legal Fees

    The Delaware Supreme Court on Friday upheld a roughly $6.9 million damages award to a former investor in a Philadelphia-area EB-5 investment business but overturned nearly $260,000 in attorney fees, finding the investor waited too long to argue that the fees were part of his damages.

  • August 21, 2026

    Fed. Circ. OKs Firing Of IRS Worker Flagged By Goddaughter

    The Federal Circuit affirmed the termination of an IRS employee whose goddaughter reported her to the agency for accepting compensation or gifts in exchange for preparing tax returns for others, upholding a decision by the U.S. Merit Systems Protection Board.

  • August 21, 2026

    Argentina Says DC Circ. Misread Time Bar On $391M Award

    Argentina on Thursday urged the D.C. Circuit to rethink its decision rejecting a three-year statute of limitations in a dispute over the enforcement of a $391 million arbitral award, calling the ruling an "outlier" that conflicts with Second Circuit precedent.

  • August 21, 2026

    2nd Circ. Backs NY Water Permit For Pipeline Project

    The Second Circuit on Friday upheld New York's issuance of a Clean Water Act permit for a controversial Williams Cos. pipeline upgrade, saying state environmental regulators justified their about-face from previous permit denials over pollution concerns.

  • August 21, 2026

    Meta Tells DC Circ. To Reject FTC Appeal

    Meta Platforms Inc. urged the D.C. Circuit not to revive the Federal Trade Commission's monopolization lawsuit targeting its purchases of WhatsApp and Instagram, arguing Thursday that a D.C. federal judge correctly held that in the here and now, competition from TikTok and YouTube means it "has no monopoly."

  • August 21, 2026

    Fla. Condo Group Gets Trial After Arbitration Rule Fight

    A Florida appeals court ruled Friday that a condominium association battling its contractor over work done after Hurricane Ian can get the trial it requested, after finding that its objection to an arbitration decision complied with Florida rules.

  • August 21, 2026

    NC Co. Pushes Pretrial Appeal In Veterans' Fee Fight

    A North Carolina business that helps veterans apply for federal disability benefits wants to appeal a finding that it flouted the state's Unfair and Deceptive Trade Practices Act by charging fees without accreditation, arguing there's room for differences of opinion on major aspects of the ruling.

  • August 21, 2026

    Texas Panel Cuts $45M Sandy Hook Ruling Against Alex Jones

    A Texas state appellate court Friday slashed a $45 million damages award against right-wing conspiracy theorist Alex Jones in a defamation trial brought by parents of a Sandy Hook shooting victim, saying the family did not meet the legal standard to exceed the state's damages cap.

  • August 21, 2026

    11th Circ. Ruling Could Help ERISA Suits Survive Until Trial

    The Eleventh Circuit's decision to reopen a suit from a former Royal Caribbean worker claiming 401(k) participants lost millions on underperforming target-date funds could make it easier for plaintiffs to get to trial in cases accusing companies of retirement plan investment picks that violate federal benefits law, attorneys said.

  • August 21, 2026

    11th Circ. Affirms Penalty Over $9M Easement Deduction

    The Eleventh Circuit sustained the IRS' valuation penalty against a partnership donor claiming a nearly $9 million charitable deduction on a Georgia conservation easement contribution, upholding a 2023 U.S. Tax Court decision that ruled the donor had grossly misvalued the donated property.

  • August 21, 2026

    RTX Unit Beats Gender Hiring Bias Appeal In Connecticut

    RTX Corp.'s Pratt & Whitney aircraft unit prevailed a second time Friday against a female candidate's claim that she wasn't hired because of her gender, with a Connecticut appeals court affirming gender wasn't a motivating factor and that some of the woman's arguments rested on hearsay.

  • August 21, 2026

    Hall Booth Fights Malpractice Discovery Amid Appeal

    Hall Booth Smith PC and two of its attorneys on Friday asked the North Carolina appeals court to pause a legal malpractice suit against it from the court-appointed receiver for two wrongfully convicted brothers awarded millions in an underlying suit, arguing their appeal challenging jurisdiction should be handled first.

  • August 21, 2026

    The Race Is On To Confirm Trump's Judges By Year-End

    President Donald Trump nominated 11 judges this past week, meaning 19 nominees are now in the pipeline. But how many can the Senate confirm before the end of the year, given that it will mostly be absent and consumed by the midterm election? 

  • August 21, 2026

    Fla. Attorney Fined, Referred To Bar For Unapologetic AI Use

    A Florida attorney is the latest to be sanctioned for his use of artificial intelligence, after a Florida state appeals court found Friday that his filings contained at least 46 hallucinations.

  • August 24, 2026

    CORRECTED: 3rd Circ. Rules Jury Instruction Didn't Trigger New Trial

    In a precedential ruling Friday, the Third Circuit reversed an order granting a man a new trial on drug charges, ruling that while the trial judge should not have told a deadlocked jury that jurors "have to" come up with a verdict, which eventually resulted in the defendant being found guilty, the instruction wasn't "unduly coercive." 

  • August 21, 2026

    Roberts Allows Trump To Construct Ballroom For Now

    Chief Justice John Roberts ruled Friday that President Donald Trump could temporarily continue construction of a new White House ballroom until the U.S. Supreme Court decides whether lower courts had the authority to order that work stop on the project pending congressional approval.

  • August 21, 2026

    DNA Can Prove Your Innocence — If They Let You Test It

    Since the mid-1980s, DNA testing has exonerated hundreds of wrongfully convicted people and reshaped the criminal justice system. Rodney Reed's decadeslong unsuccessful effort to test the belt prosecutors say he used to kill a woman, however, shows how difficult access to post-conviction DNA testing can be, even for prisoners with credible innocence claims.

  • August 21, 2026

    Fla. Panel Cuts Juvie Sentence Over Double Jeopardy Finding

    A Florida appeals court has ruled that a juvenile must have one of her two resisting arrest charges dropped and be resentenced accordingly, finding that double jeopardy rules bar the second charge because they both stemmed from the same incident.

  • August 21, 2026

    8th Circ. Won't Revisit Cannabis User's Gun Conviction

    The Eighth Circuit on Thursday declined to revisit its decision to preserve a man's conviction for possessing a firearm while being a user of cannabis.

  • August 21, 2026

    Colo. Supreme Court Announces Next Chief Justice

    The Colorado Supreme Court announced Friday that Justice William Hood has been selected by his fellow justices to serve as the court's next chief justice, beginning in August 2027 when current Chief Justice Monica Márquez's term concludes.

Expert Analysis

  • Where Is The Line On Actionable Comms In Securities Cases?

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    Recent securities cases demonstrate the difficulty in discerning a clear difference between statements made in connection with the purchase or sale of securities and those that aren't, with that line more likely attributable to individualized factual situations than to any doctrinal differences of opinion between various courts, says Samuel Groner at Fried Frank.

  • NJ Supreme Court Ruling Exposes D&O Gaps For PE Boards

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    The New Jersey Supreme Court's recent decision in Mist Pharmaceuticals v. Berkley Insurance, barring directors and officers coverage, serves as a cautionary tale for private equity executives serving in overlapping roles at sponsor and portfolio companies, say attorneys at Reed Smith.

  • Post-Ismael Bias Cases Reinforce Familiar Employer Lessons

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    Despite the Eleventh Circuit's 2025 decision in Ismael v. Roundtree sparking concern that summary judgment could become more difficult for employers in discrimination and retaliation cases, courts continue to examine whether the employer's explanation, decision-making process and contemporaneous record tell a consistent story, say attorneys at Krevolin Horst.

  • Fed. Circ. In June: When Courts Can't Correct Patent Errors

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    The Federal Circuit's recent decision in Enanta v. Pfizer explores and clarifies the limits of what can be corrected in a patent application, even if the error is obvious, say attorneys at Knobbe Martens.

  • Challenging Detention After 5th Circ. Ends Bond Clocks

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    After the vacatur of the Fifth Circuit’s holding that the U.S. Constitution requires bond hearings for detained noncriminal noncitizens, practitioners should go back to filing habeas petitions, pending the court's en banc rehearing, says Kemal Hepsen at Mandamus Lawyers.

  • Patent Eligibility Bulletin: New USPTO Guidance And AI Risks

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    In the second quarter of 2026, the U.S. Patent and Trademark Office updated its subject matter eligibility declarations in line with its increasingly permissive patent eligibility stance, while the Federal Circuit rigorously applied the Alice framework in a decision that highlighted risks facing patent claims that utilize artificial intelligence and machine learning, say attorneys at Banner Witcoff.

  • State Of Insurance: Q2 Notes From Illinois

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    The second quarter of 2026 featured a trio of auto insurance opinions from Illinois' appellate courts, addressing a notice requirement, narrowing insurers' exposure for delayed payment of underinsured motorist claims, and creating a district split on coverage for employee-drivers under employers' policies, says Matthew Fortin at BatesCarey.

  • Why Courts Are Pushing Back On Greenwashing Laws

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    Recent Fourth Circuit and California federal court decisions blocking state greenwashing statutes on First Amendment grounds reveal a tension at the heart of environmental marketing regulation — while states want clarity, courts aren't prepared to let legislatures flatly ban categories of truthful commercial speech, say attorneys at DLA Piper.

  • 11th Circ. Opioid Appeal May Shift Public Nuisance Coverage

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    The Eleventh Circuit's recent ruling certifying to the Florida and Georgia Supreme Courts the question of whether insurers must provide coverage against suits claiming policyholders improperly distributed opioids may ultimately result in a counterbalance to the Delaware line of cases denying coverage for government opioid suits, say attorneys at Pillsbury.

  • Series

    Teaching SEC Investigations Makes Me A Better Lawyer

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    Instructing a law school course on U.S. Securities and Exchange Commission investigations has made me a more thoughtful, deliberate practitioner because it requires me to continually reassess and challenge what I know about securities law enforcement, how I know it and how best to explain it, says David Chase at Miami Law.

  • Monsanto Ruling Bolsters Generic Drug Labeling Preemption

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    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

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    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

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    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

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    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

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    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.

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