Appellate

  • September 15, 2026

    4th Circ. Probes Party Standing Over FERC Grid Planning Rule

    The Fourth Circuit on Tuesday appeared inclined to uphold the Federal Energy Regulatory Commission's broad grid planning overhaul amid a raft of challenges from certain states, transmission providers and consumer advocates, with standing issues taking center stage.

  • September 15, 2026

    Fla. Judge Won't Pause Trump-IRS Settlement Sanctions

    The Florida federal judge who barred President Donald Trump and others from citing a settlement resolving what she characterized as a sham $10 billion case against his own Internal Revenue Service won't pause her sanctions order while the president appeals to the Eleventh Circuit.

  • September 15, 2026

    Texas Court Tosses Suit Against Broker Over Colorado Wreck

    A Texas appeals court has dismissed claims against an Indiana freight broker accused of negligently hiring a trucking company whose driver allegedly caused a crash in Colorado, saying the incident was not sufficiently tied to the broker's Texas activities.

  • September 15, 2026

    DC Circ. Queries Feds On Immigrant Truck Driver Restrictions

    D.C. Circuit judges on Tuesday questioned whether the U.S. Department of Transportation reasonably justified the safety rationale for new restrictions on commercial driver's licenses for foreign truckers or whether it disproportionately relied on individuals' immigration status to promulgate an "exclusionary" rule.

  • September 15, 2026

    4th Circ. Unsure How To Weigh NC Ban On Ballot Selfies

    A Fourth Circuit judge on Tuesday said a voter and the North Carolina State Board of Elections are arguing a tale of two cases in a free speech fight over the Tar Heel state's ban on ballot selfies, saying neither side appears to be in agreement about what level of judicial review to use.

  • September 15, 2026

    FCC Seeks Input On Disputed Political Ad Rate Policy

    Federal Communications Commission staff on Tuesday sought comment on whether to set aside earlier guidance calling for the "lowest unit" rate for committee-backed political ads as the Fourth Circuit considers a Democratic bid to force the commission to review the policy.

  • September 15, 2026

    8th Circ. Revives Doctor's Suit Over COVID Speech Probes

    An Eighth Circuit panel on Tuesday revived a doctor's suit seeking an order limiting a Minnesota state medical board's ability to investigate him for his public statements related to the COVID-19 pandemic, finding a district court "set the bar too high" at the dismissal stage.

  • September 15, 2026

    Hotels, Amadeus Defend Info Exchange Win At 7th Circ.

    Luxury hotel chains and software provider Amadeus IT Group are telling the Seventh Circuit a lower court was right to toss a case accusing the hotels of exchanging sensitive information, saying the allegations are based entirely on the use of a lawful benchmarking service.

  • September 15, 2026

    Justices Told DHS Voter Citizenship Database 'Unprecedented'

    The U.S. Supreme Court should reject the Trump administration's bid to reinstate the U.S. Department of Homeland Security's upgraded citizenship verification database ahead of this year's election, a voting rights group told the court Tuesday, arguing that the administration unlawfully reinterpreted several statutes to claim that Congress authorized the changes.

  • September 15, 2026

    11th Circ. Upholds AIG's $1.8M Yacht Fire Coverage Loss

    An AIG unit cannot recoup $1.8 million from a dock builder and electrical subcontractor in connection with payments it made to a Florida policyholder whose yacht caught fire while plugged into a recently constructed dock, the Eleventh Circuit affirmed.

  • September 15, 2026

    South Sudan Central Bank Appeals $1B Award

    The Bank of South Sudan has asked the D.C. Circuit to review a federal judge's decision enforcing a more than $1 billion arbitral award arising from a defaulted $700 million loan from Qatar National Bank.

  • September 15, 2026

    Justices Urged To Skip 3rd Circ. Arbitration Question

    A German claims aggregator on Monday pressed the U.S. Supreme Court to decline to review a Third Circuit decision dismissing on jurisdictional grounds a bid by litigation funder Burford Capital to arbitrate a dispute relating to German antitrust litigation.

  • September 15, 2026

    NYC Asks 2nd Circ. To Greenlight Uber, Lyft Deactivation Law

    New York City has urged the Second Circuit to lift an injunction blocking a municipal ordinance prohibiting Uber and Lyft from "deactivating" drivers without formal notice and investigation, arguing that the lower court wrongly found that the companies would likely win their contract claims.

  • September 15, 2026

    NJ Court Backs Judgment Tossing Wrongful-Death Claims

    A New Jersey appeals court panel on Tuesday affirmed judgments throwing out a woman's claims that Jersey City Medical Center, RWJBarnabas Health, Emergency Medical Associates and their employees caused the death of her husband, finding that her experts failed to link their actions with his death.

  • September 15, 2026

    Meet The Attys In The 340B Battle At 1st Circ.

    Gibson Dunn and Dunn Isaacson Rhee attorneys presented arguments Tuesday at the First Circuit over whether drug manufacturers can intervene in a challenge to a now-suspended drug rebate program for hospitals. Law360 profiles the attorneys.

  • September 15, 2026

    Texas Justices Push Old Republic On $4M Lien After Explosion

    Texas Supreme Court justices on Tuesday questioned whether Old Republic Insurance Co. had the right to collect $4 million on a subrogation lien from workers who were injured in a plywood mill explosion, suggesting that the statute at hand didn't seem to support the insurer's argument.

  • September 15, 2026

    7th Circ. Debates Federalism, Bad-Faith Prosecution Limits

    A case deemed moot by the Seventh Circuit nonetheless drew commentary Monday from several judges on the court, with four calling an injunction that blocked Florida from pursuing a state court suit over youth gender-affirming care a "grievous blow" to federalism, while others said federal intervention is a "constitutional safety valve" against bad-faith prosecutions.

  • September 15, 2026

    TikTok Pay Scale Suit On Pause Pending Wash. Appeal

    A Washington state court has extended a stay in a proposed class action accusing TikTok of omitting salary information from job postings, keeping the case paused while an appeals court considers whether a key provision of the state's pay transparency law applies retroactively.

  • September 15, 2026

    Fed. Circ. Keeps Samsung, Apple Wins Over Alt Browser IP

    The Federal Circuit on Tuesday issued a one-word order backing Patent Trial and Appeal Board decisions that invalidated claims in patents covering ways to access the internet without a browser, declining to take on the patent owner's challenge to the board's obviousness determinations.

  • September 15, 2026

    1st Circ. Suggests Appeal In Drug Rebate Case May Be Moot

    A First Circuit panel raised mootness concerns as it heard arguments Tuesday from drug companies appealing a ruling that prevented them from intervening in a now-dismissed case to defend a rebate model for a federal drug-pricing program. 

  • September 15, 2026

    Springsteen Beats Compensation Suit Over Album Cover

    A New Jersey appellate court on Tuesday affirmed an order dismissing a suit from the estate of a classic car collector against Bruce Springsteen over compensation from use of a 1967 Pontiac GTO on an album cover, saying it was "abundantly clear" that all elements of hearsay were present to sink the case's only evidence against the musician.

  • September 15, 2026

    Charter Tells Panel It Fired Worker Over Pot Use, Not PTSD

    Charter Communications denied firing a Connecticut employee over her post-traumatic stress disorder and argued before an appellate panel Tuesday that even if she had established a proper record of her diagnosis, she still would have been terminated on a "reasonable suspicion" that she had worked under the influence of marijuana.

  • September 15, 2026

    Colo. Justices OK Updated Model Jury Instructions

    The Colorado Supreme Court has ruled that the state's updated model jury instructions defining reasonable doubt in criminal trials are constitutional and do not lower the bar for proving a defendant's guilt, finding a typical juror would not be confused by the new language.

  • September 15, 2026

    Tax Court Can't Override Insurance Regulators, 5th Circ. Told

    The U.S. Tax Court incorrectly overstepped state insurance regulators in holding that an ophthalmology practice's microcaptive insurance arrangements lacked economic substance, an eye doctor and his wife told the Fifth Circuit in asking for a reversal of the ruling.

  • September 15, 2026

    Justices Asked To Resolve Cannabis Dormant Commerce Split

    A California litigator's campaign of lawsuits alleging that state and local cannabis regulatory regimes violate the U.S. Constitution's dormant commerce clause has culminated in a petition for a writ of certiorari which appeared on the U.S. Supreme Court's docket Tuesday.

Expert Analysis

  • Federal Officer Removal After Justices' La. Pollution Ruling

    Author Photo

    In the wake of the U.S. Supreme Court's recent ruling in Chevron USA v. Plaquemines Parish, companies seeking to use federal officer removal to move litigation out of state court should ask three questions, focusing on government contract language, federally directed activity and related conduct, say attorneys at Hollingsworth.

  • Series

    Competing At Poker Makes Me A Better Lawyer

    Author Photo

    Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

  • Revisiting TransUnion's Underused Standing Rule, 5 Years On

    Author Photo

    The Ninth Circuit Court of Appeals' recent use of the U.S. Supreme Court’s now five-year-old TransUnion v. Ramirez rule specifying that the "mere risk of future harm" isn't concrete enough to support a damages claim presents an opportunity to revisit this underutilized standing rule, say attorneys at Horvitz & Levy.

  • 5 Things Associates Must Ask About Their Firm's Merger Plan

    Author Photo

    The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

  • Uncertainty Looms After Justices' Withdrawal Liability Ruling

    Author Photo

    The U.S. Supreme Court's recent holding in M&K Employee Solutions v. Trustees of the IAM National Pension Fund increases the unpredictability of withdrawal liability assessments, so employers should prepare for a range of assessments and be equipped to challenge unreasonable ones, say attorneys at Winston Taylor.

  • CFTC Trading Rule Can't Police Prediction Markets Yet

    Author Photo

    The Commodity Futures Trading Commission’s recent efforts to police insider trading in prediction markets through a post-Dodd-Frank anti-fraud rule exposes doctrinal gaps around misappropriation theory, leaving platforms to fill the void with win-rate-based surveillance, says attorney Tamara de Silva.

  • Columbia Software IP Ruling Tests Royalty Damages Model

    Author Photo

    The Federal Circuit's recent decision in Columbia University v. Gen Digital, vacating a damages verdict involving foreign software sales, provides guidance on ambiguities surrounding the worldwide royalty damages model established by the court's decision in Brumfield v. IBG two years ago, say attorneys at Munger Tolles.

  • Turning To The Courts When PBM Reform Falls Short

    Author Photo

    The effectiveness of state laws intended to regulate pharmacy benefit managers remains uncertain, but litigation — utilizing tried-and-true theories like breach of contract and fair dealing — offers another mechanism through which stakeholders may seek relief from PBMs, say attorneys at Reed Smith.

  • Opinion

    Immigration Appeals Rule Would Prevent Meaningful Review

    Author Photo

    Justice Stephen Breyer’s book “Making Our Democracy Work” offers a useful lens through which to consider what is at stake for the Executive Office for Immigration Review's legitimacy as the government asks the D.C. Circuit to revive an interim final rule that would have fast-tracked decisions by Board of Immigration Appeals, says Tara Kennedy at Kennedy Law.

  • 2 'Rocket Dockets' And The Rules That Propel Them

    Author Photo

    The fastest civil trial courts in the country are currently in the Eastern District of Virginia and the Southern District of Florida, and their chief judges provide insights into the court rules that keep them ahead, says Robert Tata at Hunton.

  • Retailer Risk Reduction Tips As Email Marketing Suits Surge

    Author Photo

    Amid a flood of email marketing lawsuits following last year's Washington Supreme Court ruling in Brown v. Old Navy, retailers seeking to avoid high litigation costs can take several steps to reduce risks by focusing on their email subject lines advertising sales, says Gonzalo Mon at Kelley Drye.

  • Why Nuclear Licensees Must Watch 2nd Circ.'s Holtec Review

    Author Photo

    In reviewing a New York federal court's preemption ruling concerning disposal of nuclear materials, the Second Circuit must confront the lower court's recognition of a purpose-based path to field preemption, which could be game-changing for nuclear material licensees, says Andrew Averbach at Womble Bond.

  • Calif. Ruling Lowers Bar For Health Data Breach Claims

    Author Photo

    The California Supreme Court's ruling in J.M. v. Illuminate Education offers protection for non-healthcare companies that maintain health-related data but also adopts a new and more plaintiff-favorable standard for breach of confidentiality that companies maintaining any health-related data should address, say attorneys at Cooley.

  • Florida Atty Fees Ruling Could End Expert Testimony Mandate

    Author Photo

    For over 60 years, Florida appellate courts have required an evidentiary hearing and expert testimony to support the reasonableness of an attorney fee award, but the Florida Sixth District Court of Appeal's recent Ruffenach v. Deutsche Bank National Trust ruling could make substantive changes to this requirement, say attorneys at RumbergerKirk.

  • Texas Ruling Leaves Key Oil Royalty Question Unresolved

    Author Photo

    The Texas Supreme Court's recent decision in Fasken Oil and Ranch v. Puig clarifies that royalty reservations containing “free of cost forever” language do not bar deduction of post-production costs — but it leaves open whether prices producers report to royalty owners should reflect what unaffiliated buyers would pay, says Robert Foss at Hinds Feat Advisors.

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.