Appellate

  • October 08, 2026

    Dodd-Frank Act Is Focus Of Latest Amici In NJ-Kalshi Case

    Multiple amici, including the drafter of the Dodd-Frank Act, weighed in on New Jersey’s petition for the U.S. Supreme Court to review the regulation of prediction markets and sports betting, saying the statute was not meant to displace state gambling laws.

  • October 08, 2026

    Pa. Justices Urged To Toss $207M UPenn Med Mal Verdict

    The U.S. Chamber of Commerce has pressed the Pennsylvania Supreme Court to overturn a lower court ruling that allowed a record $207 million medical malpractice verdict, saying because no individual hospital employee was found negligent, the case improperly expands vicarious liability into an unprecedented "team liability" doctrine.

  • October 08, 2026

    Hotel Guest Argues Info Exchange Fight Fits Digital Era

    The give-to-get nature of a software service allowing luxury hotels to access competitors' occupancy data only upon contributing their own should be enough to plausibly outline an age-old illegal information exchange in the more modern digital era, a hotel guest told the Seventh Circuit.

  • October 08, 2026

    High Court Urged To Keep Prison Trans Care Ban Blocked

    The U.S. Supreme Court should decline the Trump administration's request to disturb a district court order barring the Federal Bureau of Prisons from enforcing a gender dysphoria care ban, a group of transgender individuals incarcerated in BOP facilities argued Thursday.

  • October 08, 2026

    8th Circ. Won't Rethink $110M Deal For Broker Fees Suit

    The Eighth Circuit has rejected an objector's bids to rethink its decision to affirm $110.6 million worth of antitrust class action settlements that aim to resolve broker fee claims against the National Association of Realtors and multiple brokerages.

  • October 08, 2026

    DC Circ. Won't Rehear Ruling Blocking Fla. Wetlands Permits

    The D.C. Circuit has denied a petition from the federal government for an en banc rehearing of a previous court decision vacating the EPA's authorization for Florida to run a Clean Water Act permitting program for dredging and filling wetlands.

  • October 08, 2026

    Energy Companies' Win In NYC Greenwashing Suit Affirmed

    A New York appeals court on Thursday affirmed the dismissal of a New York City suit accusing BP, Exxon and Shell of deceiving consumers about the environmental effects of their gasoline products and alternative energy investments.

  • October 08, 2026

    Justices Told Award Moots Burford's 3rd Circ. Challenge

    A German claims aggregator is citing an award it received in ongoing arbitration involving Burford Capital as reason for the U.S. Supreme Court to pass on the litigation funder's certiorari petition seeking review of an unfavorable Third Circuit decision.

  • October 08, 2026

    Fla. Panel Trims Punitive Damages Claim By Ex-Marvel CEO

    The former CEO of Marvel Entertainment can request punitive damages against his neighbor in a feud over the surreptitious collection of DNA evidence but not against the neighbor's attorney or a Chubb affiliate accused of helping him, a Florida appeals court has ruled.

  • October 08, 2026

    $13.4M Conn. Insurance Fight Won't Resume Amid Appeal

    A Connecticut judge won't lift a stay on a mother's lawsuit seeking to enforce a $13.4 million trial judgment over her son's death in a group home because the group home still has time to appeal a decision affirming the judgment.

  • October 08, 2026

    Mich. Justices Mull Bias Claim Of Same-Sex Wedding Officiant

    The Michigan Supreme Court on Thursday questioned whether the state's civil rights law protects employees from discrimination based on their association with people in protected classes, as a former Calvin University professor argued that the school unlawfully fired him for officiating a same-sex wedding.

  • October 08, 2026

    Fed. Circ. Told Trade Secret Suit 'Never' Should've Been Filed

    A Federal Circuit panel focused Thursday on when a business analytics software company's unsuccessful trade secret case against a rival may have crossed the line into bad faith litigation, warranting nearly $2.8 million in attorney fees from a Utah federal judge.

  • October 08, 2026

    Ga. Appeals Panel OKs Police Gang Investigator As Expert

    The Georgia Court of Appeals on Thursday that a police investigator who has interviewed more than 150 members of a specific street gang and has attended gang investigation trainings is qualified to serve as an expert witness in a criminal trial.

  • October 08, 2026

    Coastal County Tells Texas Justices It's Free To Tax Stored Oil

    A Texas county's property tax on stored oil that companies said was bound for export doesn't violate the import-export clause of the U.S. Constitution, the county told the state's high court Thursday, saying a significant amount of oil remained in the state.

  • October 08, 2026

    Man Appeals $10M Tax Bill Over Unreported Company Income

    A man is appealing a U.S. Tax Court order that found he owes around $10.4 million in taxes and penalties for failing to report company funds he used for personal expenses such as luxury cars, according to a notice filed Thursday.

  • October 08, 2026

    7th Circ. Backs Ex-Chicago Atty's Tax Fraud Conviction

    The Seventh Circuit affirmed a man's two-and-a-half-year prison sentence for tax fraud, witness tampering and contempt Thursday, rejecting his argument that the government didn't present sufficient evidence to prove that he was guilty of filing false corporate and individual income tax returns.

  • October 08, 2026

    2nd Circ. Says Filed Rate Doctrine Bars Utility Bond Claims

    The Second Circuit has declined to revive a suit alleging Bloomberg LP reclassified certain utility company bonds to hike interest rates paid by electricity customers, finding that customers cannot challenge such rates because the utilities filed the interest rates with state regulators before issuing the bonds.

  • October 08, 2026

    DOT Tells 2nd Circ. Congestion Pricing Fight In Wrong Court

    The Trump administration doubled down on its efforts to eliminate New York's congestion pricing, telling the Second Circuit that the underlying contract dispute was heard in the wrong court and that it shouldn't be handcuffed to now-disfavored policies of earlier administrations anyway.

  • October 08, 2026

    11th Circ. Backs Home Insurer In Debris Feud Coverage Row

    A Georgia federal court had jurisdiction over a homeowners insurance coverage dispute when it determined that a Peach State couple wasn't entitled to coverage for a suit brought by their neighbors over debris left on a shared property line, the Eleventh Circuit ruled Thursday.

  • October 08, 2026

    Nikola's Pardoned Ex-CEO Seeks To Flip Ch. 11 Claim Ruling

    The former CEO of electric-truck maker Nikola has asked the Third Circuit to review a Delaware federal judge's decision that his nearly $70 million bankruptcy claim against his former company was properly subordinated in the debtor's Chapter 11, despite a pardon from President Donald Trump.

  • October 08, 2026

    11th Circ. Voids Fla. Septic Permit Ban Over New FWS Rule

    The Eleventh Circuit issued a win Thursday for Florida environmental regulators who had been ordered to temporarily stop issuing new septic tank permits over concerns for the well-being of manatees, saying the lower court relied on a federal rule that was no longer valid.

  • October 08, 2026

    Pa. Justices To Hear Philly's Suit Over Opioid-Spurred Crime

    The Pennsylvania Supreme Court has agreed to weigh in on whether the city of Philadelphia can sue CVS Pharmacy Inc. and other stores under state public nuisance laws for allegedly exacerbating the opioid epidemic with their prescription drug sales.

  • October 08, 2026

    New Fraud Division Flexes Might In Latest Enforcement Policy

    The National Fraud Enforcement Division's new corporate enforcement policy emphasizes the quick pursuit of certain types of fraud through data analysis and staff resources, expands the target list beyond traditional healthcare providers and highlights the division's growing dominance within the U.S. Department of Justice, experts say.

  • October 08, 2026

    Fla. Panel Reverses Atty Fees Award In Atty's POA Dispute

    A Florida appellate court has reversed an attorney fees award in a property purchase dispute involving a Florida attorney, a local property owners association and other parties.

  • October 08, 2026

    High Court Puts 4th Circ. Political Ad Rate Ruling On Ice

    The U.S. Supreme Court on Thursday stayed a Fourth Circuit ruling that directed the Federal Communications Commission to review an agency staff decision requiring broadcasters charge the lowest political ad rates for committees tied to candidates.

Expert Analysis

  • 5th Circ. Ruling Hints At Loper Bright's Effect On OSHA Suits

    Author Photo

    The Fifth Circuit's recent decision in Exxon Mobil v. Occupational Safety and Health Review Commission relied on Loper Bright to narrow the scope of illnesses that employers must record, signaling that courts may continue to scrutinize agency assertions that deference is due, say attorneys at Ogletree.

  • Loper Bright Unlikely To Upend DEA Rescheduling Challenges

    Author Photo

    As cannabis industry stakeholders await a U.S. Drug Enforcement Administration ruling on broader cannabis rescheduling, the U.S. Supreme Court's 2024 decision in Loper Bright to eliminate judicial deference to agency decisions should not dramatically affect cannabis rescheduling litigation risk, but it could marginally strengthen proponents' hand if the DEA denies rescheduling, say attorneys at Dentons.

  • Money Transmission Issue Looms For Prediction Markets

    Author Photo

    The circuit split recently created by the Ninth Circuit's ruling in Kalshi v. Assad has implications reaching beyond gaming regulation as, depending on the ultimate characterization of prediction market event contracts, platforms may face differing obligations under federal and state money transmission laws, say attorneys at Manatt.

  • The Deep Split Over Mandatory Detention, And What's Next

    Author Photo

    The government’s mandatory detention policy for noncitizens who entered the U.S. without inspection has led to a spate of decisions this year, with nine circuits rejecting the government's reading of the Immigration and Nationality Act against two that have accepted it, making the issue ripe for U.S. Supreme Court review, says attorney Kemal Hepsen.

  • Intersecting Investigation Risks Loom In Next Congress

    Author Photo

    Taken together, two July D.C. Circuit decisions and a recent U.S. Department of Justice opinion on executive privilege may affect the procedural defenses and privilege protections available to targets of oversight in the upcoming Congress, and companies should begin preparing now, say attorneys at WilmerHale.

  • Vanda Ruling Offers New Guide To Generic Labeling Disputes

    Author Photo

    The D.C. Circuit's recent decision in Vanda Pharmaceuticals v. U.S. Food and Drug Administration is significant for its guidance on when generic-drug labeling remains sufficiently similar to brand labeling and when a difference requires a statutory exception, says Shashank Upadhye at Upadhye Tang.

  • 9th Circ. Comet Ruling Spotlights Trade Secret Proof Burdens

    Author Photo

    The Ninth Circuit’s recent decision to vacate a $40 million verdict awarded to Comet Technologies in its trade secret dispute with XP Power underscores how the burden of proof differs between federal and state law, giving litigants a fresh perspective on several issues, including how a jury should be instructed, say attorneys at Cooley.

  • Attorneys Using AI May Have Ethical Duty To Redact Docs

    Author Photo

    The trajectory of legal ethics guidance in recent years strongly suggests that as redaction technology becomes more accessible, the failure to use it when uploading highly confidential materials into artificial intelligence tools will become increasingly difficult to defend as reasonable, say attorneys at Lewis Brisbois.

  • Minn. Ruling Expands Insureds' Right To Independent Counsel

    Author Photo

    If upheld on appeal, a recent decision by a Minnesota appellate court — Fabyanske Westra Hart & Thomson v. Western National Mutual Insurance — will give Minnesota policyholders a stronger basis to demand independent counsel when an insurer accepts a defense under a reservation of rights, say attorneys at Stoel Rives.

  • Series

    Juggling And Unicycling Make Me A Better Lawyer

    Author Photo

    Because I juggle (sometimes with fire) and ride the unicycle, friends and family used to joke that I should join the circus, but I pursued the practice of law instead and learned that my hobbies benefit my profession in several important ways, says Morgan Eddy at Smith Currie.

  • The Future Of DOL Judge Removal Challenges After Slaughter

    Author Photo

    The U.S. Supreme Court's recent ruling in Trump v. Slaughter calls into question whether U.S. Department of Labor administrative law judges exercising significant governmental authority remain insulated from presidential removal, but the answer depends on the governing statute, its severability provisions and other factors, says Mark Ishu at Conn Maciel.

  • DOJ Executive Privilege Opinion Portends 3rd-Party Dilemmas

    Author Photo

    The recent opinion from the U.S. Department of Justice’s Office of Legal Counsel concluding that executive privilege can shield the president's communications with private advisers may lead to interbranch disputes, and companies must come up with a response plan now before they’re caught in the middle, say attorneys at Gibson Dunn.

  • 2nd Circ. Ruling Lays Out Administrative Right-Of-Access Blueprint

    Author Photo

    In Civil Rights Corps v. LaSalle, the Second Circuit recently held that the First Amendment dictates a presumptive right of access to sealed attorney grievance proceedings, providing a framework for challenging other administrative regimes that operate behind closed doors, says Jonathan Ginsberg at Carlton Fields.

  • How 'Swap' Fight Underpins Prediction Market Enforcement

    Author Photo

    As courts around the country grapple with whether, and under what circumstances, event contracts qualify as swaps, federal enforcement authority hangs in the balance, with implications for companies that need to manage compliance risks during this period of legal uncertainty, say attorneys at Debevoise.

  • Fed. Circ. Dental IP Ruling Reinforces Prior Art Framework

    Author Photo

    The Federal Circuit's recent decision in Dental Monitoring v. Align Technology reaffirms the necessity of substantive written description support for establishing an earlier effective prior art date under the America Invents Act, and aligns Patent Trial and Appeal Board practice with district court litigation, say attorneys at Morgan Lewis.

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.