Appellate

  • October 22, 2026

    Transpo Tracker: CH Robinson Verdict Stands, Tesla Class Axed

    In our latest Law360 Transportation Tracker, a Dallas County judge confirmed a blockbuster $604 million verdict against freight broker C.H. Robinson, while the Ninth Circuit dismantled a certified class action accusing Tesla of misleading consumers about its cars' self-driving capabilities.

  • October 22, 2026

    Hospital Tells DC Circ. Talks Tainted Nurses Union Election

    A hospital urged the D.C. Circuit to reverse a National Labor Relations Board decision affirming its obligation to bargain with the Oregon Nurses Association, saying the board misapplied precedent when it excused the union's campaigning immediately before a representation election.

  • October 22, 2026

    10th Circ. Revives Iranian Man's ICE Detention Challenge

    A split Tenth Circuit panel ruled that a district court erred in denying an Iranian national's habeas petition, holding that district courts have authority to review the legality of an immigrant's detention separately from any challenge to a final order of removal.

  • October 22, 2026

    Conn., Cook County, Ill., Defend AR-15 Bans At Supreme Court

    Officials in Cook County, Illinois, and Connecticut are urging the U.S. Supreme Court to uphold laws banning semiautomatic AR-15-style rifles, arguing that their laws are consistent with historical analogs restricting "unusually dangerous" weapons.

  • October 22, 2026

    Texas Judge Probe Shows Lack Of Mental Impairment Process

    Fifth Circuit officials have done a reasonable job of handling a rare situation involving a Texas federal judge who appears to be undergoing a mental health crisis, but the episode highlights that a more standardized way of dealing with federal judges experiencing mental impairment needs to be established, experts and scholars say.

  • October 22, 2026

    Driving Boat to Oilfield Isn't Maritime Work, 5th Circ. Says

    Using a boat to transport workers to oil platforms off the Louisiana coast does not make a labor supplier and oil producer's services agreement a maritime contract with an enforceable indemnity provision, a Fifth Circuit panel said in finding the producer does not have to indemnify the supplier.

  • October 22, 2026

    BREAKING: California Jury Clears San Francisco In DA Worker's Bias Case

    A California jury on Thursday ended a decadelong, precedent-setting race bias suit brought by a Black San Francisco prosecutor's office worker who claims that the city inadequately responded after a co-worker called her a racial slur, finding that there was no racial harassment or retaliation.

  • October 22, 2026

    Fed. Circ. Won't Overrule Sending IP Cases From Va. To Ill.

    The Federal Circuit on Thursday said it won't send back to Virginia federal court a trio of suits accusing fleet vehicle telematics company Xirgo Technologies of infringing more than a dozen patents, keeping the cases in Illinois federal court.

  • October 22, 2026

    Idaho Tribes Tell Justices 1900 Law Bars Agribiz Land Swap

    The U.S. Supreme Court should reject an Idaho agribusiness' bid to reverse a decision that invalidated a land transfer over concerns of contamination from a planned fertilizer plant expansion, the Shoshone-Bannock Tribes said, arguing the federal government violated a century-old restriction on the ceded lands.

  • October 22, 2026

    6th Circ. Weighs Implications Of Ohio Pivot On Hemp

    A Sixth Circuit panel on Thursday appeared uncertain whether Ohio's recent policy shift to reclassify federally legal hemp products as marijuana discriminates against out-of-state operators.

  • October 21, 2026

    6th Circ.'s Sutton Floats Class Action Limits At Judiciary Panel

    An influential federal judge is proposing new restrictions on class actions that aim to broadly block government policies, judiciary advisers heard at a Wednesday gathering, which also explored transparency ideas affecting legal finance and hard-to-access court records in the red-hot realm of immigration litigation.

  • October 21, 2026

    Guo Trustee Says No Circuit Split Threatens $24M Yacht Win

    A Chapter 11 trustee urged the U.S. Supreme Court on Wednesday to reject a bid by Chinese exile Miles Guo's daughter to undo rulings placing $24 million in yacht sale proceeds plus a $37 million escrow into the bankruptcy estate, disputing allegations that a circuit split warrants the justices' attention.

  • October 21, 2026

    3rd Circ. Questions Claims Of Bias In $6B Citgo Sale

    A Third Circuit panel appeared skeptical during more than two hours of oral arguments on Wednesday that an order greenlighting the nearly $6 billion sale of Citgo to satisfy billions of dollars of Venezuelan debt should be overturned because of the appearance of bias.

  • October 21, 2026

    Fla. Court Rejects Donor-Conceived Child's Homestead Claim

    A Florida appeals court ruled Wednesday in favor of the estate of a prominent heart surgeon, finding the child conceived through a sperm donor arrangement is not entitled to a multimillion-dollar beachfront property he owned.

  • October 21, 2026

    DHS Seeks High Court OK To Restart Big Bend Wall Project

    The U.S. Department of Homeland Security asked the U.S. Supreme Court on Wednesday to let the agency restart construction of the Big Bend border wall, saying the district court lacked jurisdiction to pause the project.

  • October 21, 2026

    Wrong Address Doesn't Invalidate Warrant, Mich. Court Says

    A Michigan state appellate court has ruled that a man's conviction on two counts of obstructing and resisting police is not moot just because the officers entered the man's home using an arrest warrant that had a different address.

  • October 21, 2026

    Deal Staves Off Trial In Snapchat Speed Filter Suit

    Snapchat's parent company and a Georgia man who alleged the app's speed filter feature contributed to a 2015 car wreck that left him seriously injured have reached a settlement, according to a court filing that came two weeks before their legal battle was slated for trial.

  • October 21, 2026

    NC Panel Affirms $10 Nominal Damages In Insurance Fight

    A split North Carolina appellate panel Wednesday affirmed $10 in nominal damages to a receiver in an insurance dispute, agreeing with a lower court that the receiver for a driver named in an injury suit did not show the driver suffered additional actual damages from the insurer's failure to defend.

  • October 21, 2026

    9th Circ. Judges Hint Hospital CBA May Mandate Arbitration

    A Ninth Circuit panel appeared receptive on Wednesday to Long Beach Memorial Medical Center's argument that a nurse should be forced to individually arbitrate proposed class break claims, with two judges suggesting that a union contract's repeated references to Golden State labor law bolster the hospital's position.

  • October 21, 2026

    Verisk Denies Fault For Canceled $2.35B AccuLynx Deal

    Verisk Analytics Inc. urged the Delaware Supreme Court on Wednesday to let it abandon its $2.35 billion acquisition of roofing software company AccuLynx, arguing a lower court wrongly blamed it for federal antitrust delays, while AccuLynx insisted the company must keep working to close the deal.

  • October 21, 2026

    Chinese Light Makers Reach Deal After $1.5M Patent Verdict

    Chinese company Jiaxing Super Lighting has reached a deal to end a patent lawsuit over LED tube lamp products after a Texas federal jury earlier this year awarded the business $1.5 million in damages for infringing one of its patents.

  • October 21, 2026

    Mich. Appeals Court Revives Hunting Shooting Suit

    A Michigan state appeals court has reinstated claims against a father and a farm that stem from a hunting accident that left a man with catastrophic injuries, ruling a jury should have decided whether the father was grossly negligent when he gave his son a shotgun despite knowing about his drinking problem and history of reckless behavior.

  • October 21, 2026

    2nd Circ. Says NYC Could Have Sped Up Man's Rikers Release

    The Second Circuit has revived a suit by a man held on Rikers Island for over seven years who alleged that inadequate procedures by the agency that runs the New York City jail kept him incarcerated for an extra 17 days.

  • October 21, 2026

    Trucking Group Tells DC Circ. Fee System Doesn't Deliver

    A trucking trade group is challenging the Federal Motor Carrier Safety Administration's interstate motor carrier fees for 2027, claiming in a new D.C. Circuit petition that the agency never lawfully established the fee-setting system by regulation.

  • October 21, 2026

    Ex-Arizona Recorder Urges High Court To Drop Voter ID Case

    A former recorder for Maricopa County, Arizona, says the Supreme Court should dismiss the Republican National Committee's challenge to two state voting laws as improvidently granted, telling the justices that the case is an improper vehicle for deciding provisions of the National Voter Registration Act.

Expert Analysis

  • When Insurer Insolvency Won't Trigger Excess Coverage

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    With its recent decision in A.R. Wilfley v. National Union Fire Insurance, the Colorado Supreme Court joins a growing national consensus enforcing clear and unambiguous anti-drop-down policy language in umbrella and excess policies, says Michael Kotula at Rivkin Radler.

  • How DC Circ. Ruling Permits Playacting Bribery Defense

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    The D.C. Circuit’s recent U.S. v. Burke decision appears to create a circuit split on whether prosecutors must prove public officials’ intent in bribery cases, and opens a gap between what appears to be corrupt conduct and what the law can reach, says Liz Aloi at MoFo.

  • Series

    Being In The Peace Corps Made Me A Better Lawyer

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    When I served in the Peace Corps, the people of the West African village where I was stationed helped me acclimate to my new surroundings and enabled me to develop problem-solving, teamwork and empathy skills that have bolstered my legal practice far beyond the ability to offer technical advice, says Brian Bewley at McGuireWoods.

  • Remote Work Ruling Clarifies Calif. Law Limits, With Caveats

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    Although a California state appeals court's recent decision in Saberin v. Alation confirmed that California employment laws do not operate extraterritorially merely because a company is headquartered in the state, employers shouldn't construe this as authorization to relocate decision-makers to circumvent statutory obligations, says Hallie Aylesworth at Sheppard.

  • EPA Rollback Puts Power Plant GHG Rules In Flux

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    The U.S. Environmental Protection Agency's recent actions on power plant greenhouse gas emissions create immediate implications for power plant operators and long-term regulatory uncertainty, while raising questions about the relationship between federal and state approaches to climate-related litigation, say attorneys at Van Ness Feldman.

  • What $5.7B Apple Verdict Reveals About Patent Risk

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    A California federal jury's recent $5.7 billion damages verdict against Apple exemplifies the enormous financial exposure that can occur when patent-infringing features are incorporated into many units, though the outcome is ultimately dependent on the strength of the underlying infringement, validity and damages theories, says Michael Dorfman at Barclay Damon.

  • Dissecting Dodd's, Gensler's Prediction Market Amicus Briefs

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    Former Sen. Chris Dodd and former U.S. Commodity Futures Trading Commission Chairman Gary Gensler's recent amicus briefs in support of New Jersey's petition for U.S. Supreme Court review of Kalshi v. Flaherty draw on legislative history to counter the CFTC's claim of federal preemption over the prediction markets, says Trace Schmeltz at Steptoe.

  • What Colo. High Court Will Weigh In Insurer Disclosure Case

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    In Bohanan v. Esurance, the Colorado Supreme Court will decide whether an insurance policy must be produced to a claimant notwithstanding the insurer's coverage position, and the court's interpretation of what "may be relevant to the claim," in the statute, will be paramount, say attorneys at Burg Simpson.

  • 6th Circ. Spotlights Cannabis Contract Enforceability Risks

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    The Sixth Circuit's recent reversal of a $31.8 million jury verdict against a subsidiary of cannabis giant Curaleaf highlights that state licenses do not necessarily provide the legal foundation needed to enforce contracts in federal court, which is a pattern that appears across many sectors, say attorneys at ArentFox Schiff.

  • Preventing HOA Bias After Wash. Ruling Highlights Risk

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    Because homeowners nationwide can now draw on precedent from a recent Washington state appellate decision holding that state antidiscrimination law forbids homeowners associations from biased enforcement of their rules, common-interest communities should immediately work to mitigate their expanded exposure to postsale fair housing liability, says Brett Sullivan at Fennemore.

  • 2nd Circ. Eases Employer Defense Of Dress Code Rules

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    The Second Circuit recently sided with Starbucks in a ruling that makes it easier for companies to defend dress code policies against unfair labor practice challenges, but employers shouldn't read it as a license to ban union insignia, say attorneys at Shipman & Goodwin.

  • 5 Prediction Market Queries For Every League, Athletic Dept.

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    The NFL's recent amicus brief urging the U.S. Supreme Court to resolve a circuit split over regulating prediction markets and operators like Kalshi raises important, enterprisewide governance questions for leagues, teams and athletic departments, and highlights that regulatory oversight and institutional integrity are related but distinct, say attorneys at Robins Kaplan.

  • Tips For Employers As Calif. Court Limits Harassment Liability

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    Doe v. Wells Fargo appears to be the first published California appellate decision to determine that the harasser must have supervisory authority over the plaintiff to trigger strict liability, underscoring the value of accurately documenting job roles and reporting lines, says Ellen Connelly Cohen at Call & Jensen.

  • What CMS Audit Rule Means For Medicare Advantage Plans

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    Despite ongoing legal challenges, the Centers for Medicare & Medicaid Services is moving forward with implementation of its risk adjustment data validation audits, raising statistical concerns around overpayments indicated by variance in unbalanced samples, say Stephen Fink, Brad Rice and Igor Karagodsky at Analysis Group.

  • SEC's Insider Trading Duty Rule May Face Loper Bright Test

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    In U.S. v. Jennings, pending in New Jersey federal court, the defense has an opportunity to challenge the rule defining the boundaries of the misappropriation theory of insider trading under Loper Bright, as the only litigated case testing the rule's limits relied on Chevron deference, say attorneys at O'Melveny.

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