Appellate

  • September 18, 2026

    US Asks Fed. Circ. To Reverse COVID-Era Tax Deadline Ruling

    The government asked the Federal Circuit to overturn a U.S. Court of Federal Claims decision allowing a taxpayer to recover penalties and interest he sought refunds for during the COVID-19 pandemic, saying the claims court wrongly interpreted a statutory 60-day extension as having lasted over three and a half years.

  • September 18, 2026

    Fla. Panel Upholds $1.19M Auto Crash Verdict Against Insurer

    A Florida state appellate court on Friday issued a split opinion upholding a $1.19 million noneconomic damages verdict for a woman injured by an uninsured motorist, but reversed a $230,000 award for future medical expenses after finding most of that amount was based on speculation. 

  • September 18, 2026

    Transpo Tracker: Amazon Crash Suits, Md. Bridge Claims Trimmed

    In our latest Law360 Transportation Tracker, a deadly runway crash of an Amazon cargo plane has sparked a series of negligence and wrongful death lawsuits, while California scored two injunctions blocking the Trump administration's efforts to wipe out the state's Clean Air Act waivers. 

  • September 18, 2026

    Conn. Town Beats Firefighter's Appeal In Pot-Use Firing Suit

    A Connecticut appellate panel declined Friday to reverse a firefighter's loss in a lawsuit he brought against the town of Waterbury after he was fired for using medical marijuana, holding that his challenge to a state court's posttrial dismissal was inadequately briefed.

  • September 18, 2026

    Fed. Circ. Clears Commerce's Argentine Oil Pipe Levies

    The U.S. Department of Commerce didn't double count certain oil and gas pipe produced in the U.S. in order to substantiate a petition for an antidumping investigation into such goods from Argentina that eventually resulted in a duty order, a Federal Circuit panel affirmed Friday.

  • September 18, 2026

    9th Circ. Says Missed Removal Notice Violated Due Process

    A split Ninth Circuit ruled Friday that the government violated a Mexican native's due process rights when it ordered his deportation for missing an immigration hearing, saying it was wrong to rely on a residential address relatives provided on a bond form.

  • September 18, 2026

    11th Circ. Won't Revive Bias Suit Against Lockheed Martin

    The Eleventh Circuit on Friday refused to revive a former employee's discrimination suit against Lockheed Martin, saying a lower court rightly tossed the case after the worker failed to comply with discovery obligations and multiple court orders.

  • September 18, 2026

    Mass. Court Upholds Troopers' Firings Under Vax Order

    Massachusetts' intermediate appellate court on Friday affirmed the firings of 13 state police troopers who failed to get COVID-19 vaccinations in 2021, finding that disciplinary decisions were not subject to an arbitration clause in their union contract.

  • September 18, 2026

    3rd Circ. Refuses To Pause Daniel's Law Cases Amid Appeal

    The Third Circuit on Friday refused to pause discovery in consolidated litigation accusing data brokers of violating New Jersey's judicial privacy statute, known as Daniel's Law, while it considers a First Amendment challenge to the statute.

  • September 18, 2026

    Ex-Wis. Judge Keeps License Amid ICE Conviction Appeal

    The ex-Wisconsin judge convicted of obstructing an ICE arrest will remain an attorney in good standing while she appeals, after the Supreme Court of Wisconsin declined to suspend her law license.

  • September 18, 2026

    4th Circ. Weighs DEA Power To Classify HHC Schedule I

    A Fourth Circuit panel Friday appeared skeptical of the rationale the U.S. Drug Enforcement Administration used to justify designating hexahydrocannabinol, or HHC, a psychoactive compound synthesized from hemp extracts, as a Schedule I substance.

  • September 18, 2026

    Immigration Board Overturns 2000 Inadmissibility Precedent

    An immigration appeals board has affirmed a deportation order for a Nicaraguan national convicted of using an unauthorized access device and identity theft, and held any noncitizen with an aggravated felony conviction is inadmissible to the U.S. as someone ineligible for citizenship, overturning a 26-year-old precedent.

  • September 18, 2026

    6th Circ. Undoes Ky. State Court Remand Of PBM Fight

    The Sixth Circuit on Friday ruled that Kentucky's lawsuit accusing pharmacy benefit managers of conspiring with drug manufacturers to increase the prescription opioid supply belongs in federal court, given the appellate court's precedential ruling from January reversing remand of another state's dispute against PBMs.

  • September 18, 2026

    Ga. High Court Stays Out Of Uber CEO Deposition Battle

    The Georgia Supreme Court rejected Uber's bid for review of trial court order refusing to block the deposition of the ride-hailing giant's CEO in a personal injury case, though several justices signed on to a concurrence that called the lower court's ruling "seriously flawed."

  • September 18, 2026

    Ala. Executes Prisoner Who Challenged State's Methods

    Jeffery Lee, a 49-year-old Alabama prisoner on death row who had elected to be executed via nitrogen gas — a method a federal judge found earlier this year would violate his constitutional rights — was executed by lethal injection Thursday evening, after the U.S. Supreme Court denied his bid for an emergency stay.

  • September 18, 2026

    Mass. High Court Again Upholds Housing Density Law

    A controversial law that requires towns served by the Boston metro area's public transit system to allow greater housing density survived another legal challenge Friday, as Massachusetts' highest court affirmed the measure does not conflict with the state constitution.

  • September 17, 2026

    Universities May Want To Put NPE Clauses In IP Licenses

    The Federal Circuit's holding on Monday that a patent license between Texas A&M University and a failed startup remained active after the company became a patent assertion entity will require universities to determine early on how they want their patents used, attorneys say.

  • September 17, 2026

    AI Flubs, More Secure PACER Get Judiciary Forum Spotlight

    Misuse of artificial intelligence tools and a "state-of-the-art" revamp of electronic dockets in federal cases were among the hottest topics Thursday at a major meeting of judiciary leaders, who also heard a lawmaker warn of eroding trust in the U.S. Department of Justice.

  • September 17, 2026

    Opioid MDL Judge Fears 'Chaos' If PBMs Derail 100s Of Suits

    The federal judge steering multidistrict opioid litigation is lacing into major pharmacy benefit managers for asking the Sixth Circuit to abruptly reverse a key ruling, denouncing their "spurious insinuations" about his motives and warning of disarray if they successfully break up the MDL's consolidated suits.

  • September 17, 2026

    Texas Appeals Court Seeks Clarity On Fulfillment Center Tax

    A Texas appeals court on Thursday seemed to think the state's comptroller isn't being clear regarding how fulfillment centers pay sales taxes, with one justice saying uncertainty over a new rule would create "a problem for businesses."

  • September 17, 2026

    DC Judge Scolds Feds Over Delays In VLSI's FOIA Fight

    A D.C. federal judge on Thursday granted the government a second extension to respond to VLSI's summary judgment motion in litigation over redactions to a "whistleblower" report, but chastised the feds over a "lack of prioritization and commitment" to the court's deadlines.

  • September 17, 2026

    $107M Union Carbide Asbestos Verdict Won't Be Revived

    A California appeals court on Wednesday affirmed a lower court's order for a new trial in an asbestos wrongful-death suit that produced a $107 million verdict, holding that substantial evidence supported the jury's findings against Union Carbide Corp. and a subcontractor.

  • September 17, 2026

    Wash. High Court Strikes Down Natural Gas Voter Initiative

    The Washington State Supreme Court has invalidated a voter-approved initiative barring local governments and building code officials from adopting rules to discourage natural gas use, ruling in a 6-3 decision Thursday that it violates a provision of the state constitution limiting legislative measures to a single subject.

  • September 17, 2026

    2nd Circ. Pauses Nielsen Order In Cumulus Tying Case

    The Second Circuit has put on hold a preliminary injunction ordering the Nielsen Co. to offer its national ratings data separate from its local offerings after the company argued that the lower court changed the terms of the injunction after the Second Circuit approved it the first time.

  • September 17, 2026

    9th Circ. Revives Laos' $5M Enforcement Bid In Casino Case

    The Ninth Circuit on Thursday revived the government of Laos' bid to enforce some $5 million in arbitral awards against an entrepreneur who was not party to an underlying arbitration stemming from an ill-fated casino venture, saying a lower court should have taken a closer look at the government's arguments.

Expert Analysis

  • 11th Circ. Ruling Reflects Shift In Digital Consent Frameworks

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    The Eleventh Circuit's recent decision in Tejon v. Zeus Networks that a browsewrap terms-of-service hyperlink was insufficiently conspicuous to bind a consumer to an arbitration agreement could accelerate a broader industry shift to clickwrap as the baseline for enforceable digital consent, say attorneys at Sheppard.

  • Class Actions At The Circuit Courts: June Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five recent rulings from cases involving allegations of internet data misuse, consumer fraud claims, immigration, insurance and First Amendment violation claims.

  • Fed. Circ. In May: Being Precise About 'About'

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    The Federal Circuit's decision in Enviro Tech v. Safe Foods last month illustrates the danger in attempting to expand claim scope with words of approximation, potentially causing claims to be invalid for lack of definiteness, say attorneys at Knobbe Martens.

  • Justices' FCC Fine Ruling May Weaken Agency Leverage

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    The U.S. Supreme Court's decision in Federal Communications Commission v. AT&T upheld the commission's forfeiture framework as consistent with Jarkesy, but it is also likely to reduce the effectiveness of the commission’s forfeiture proceedings as a collection and deterrence tool, say attorneys at Venable.

  • Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

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    An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

  • Google Antitrust Case Puts Spotlight On De Facto Exclusivity

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    Mozilla's recent amicus filing in U.S. v. Google arguing that its agreement to make Google the default search engine did not amount to de facto exclusivity highlights the growing debate over traditional indicators of exclusivity, with implications for any business that uses rebates, preferred contracts or volume incentives, says Chris Gowen at WilmU Farnan School of Law.

  • Justices' Montgomery Ruling Doesn't Expand Shipper Liability

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    Whether negligent hiring liability claims against shippers will increase after the U.S. Supreme Court's decision last month in Montgomery v. Caribe Transport II is anyone's guess, but the ruling itself will have no impact on shippers' actual liability in personal injury claims relating to trucking accidents, says Ronald Leibman at McCarter & English.

  • GHG Rescission Undermines State Climate Suit Preemption

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    As the U.S. Supreme Court considers the fate of state climate litigation in Suncor Energy Inc. v. Boulder County, it must confront the fact that the U.S. Environmental Protection Agency's rescission of its greenhouse gas endangerment finding has also removed the foundation for federal preemption of state climate suits, says attorney Gregg Goldfarb.

  • 3rd Circ. Decision Sheds Light On BIPA Bank Exemption

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    The Third Circuit's recent decision in McGoveran v. Amazon illuminates how courts are extending the Illinois Biometric Information Privacy Act's financial institution carveout beyond banks and insurers to technology vendors and other businesses handling biometric data, a defendant-friendly shift that still casts uncertainty around BIPA's enforcement, say attorneys at Dorsey & Whitney.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • Series

    Moshing Makes Me A Better Lawyer

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    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • High Court Ruling Casts Doubt On Status-Based Gun Bans

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    The U.S. Supreme Court’s recent ruling in U.S. v. Hemani demonstrates that the justices are increasingly skeptical of broad theories of categorical disarmament and clarifies that dangerousness cannot simply be presumed from one's status or membership in a statutory category, such as illegal drug use, says Lee Francis at Widener Law.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

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    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • Steps For Employers After 7th Circ. BIPA Retroactivity Ruling

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    The Seventh Circuit's recent ruling in Clay v. Union Pacific sharply limits per-scan statutory damages theories in pending Biometric Information Privacy Act cases by retroactively applying a 2024 amendment, but employers should not mistake the holding for a broad safe harbor, say attorneys at Thompson Coburn.

  • How NEPA Review Has Changed Since Seven County

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    A year after the U.S. Supreme Court's decision in Seven County Infrastructure Coalition v. Eagle County instituted major changes to judicial review under the National Environmental Policy Act, courts are effectively applying the decision, but where things go from here may be up to agencies and project proponents, say attorneys at Venable.

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