Appellate

  • September 03, 2026

    Fed. Circ. Solidifies Vifor Win Over Iron Deficiency Patent

    The Federal Circuit on Thursday affirmed a lower court's decision that pharmaceutical company Vifor did not infringe a patent covering a method of making iron supplements asserted by rival Biofer.

  • September 03, 2026

    Judge Suggests Mail Ballot Rule Too Late For Midterms

    A Massachusetts federal judge appeared poised Thursday to extend her block on the U.S. Postal Service implementing new requirements that would allow the agency to refuse to deliver potentially thousands of mailed ballots this November, suggesting the midterm elections are too close to make such a sweeping change.

  • September 03, 2026

    Former Girardi Keese CFO Drops Appeal Of 5-Year Fraud Term

    The Seventh Circuit has granted onetime Girardi Keese financial chief Christopher Kamon's request to drop the appeal he lodged fighting an Illinois federal judge's order adding five concurrent years onto the 10 he is already serving for his role helping Tom Girardi, the head of the firm, steal millions from plane crash clients who settled cases in Chicago.

  • September 03, 2026

    11th Circ. Won't Toss Grouper Catch Limit Over Council Defect

    An Eleventh Circuit panel Thursday agreed the structure of a regional fishery management council runs afoul of the U.S. Constitution's appointments clause, but refused to throw out a challenged rule that reduced catch limits for gag grouper in the Gulf of Mexico.

  • September 03, 2026

    Boutique Firms Emerge As Trump Admin's 'Achilles' Heel'

    Less fearful of retribution than some of their BigLaw counterparts, small law firms are taking on an outsize role handling cases seen as adversarial to the Trump administration.

  • September 02, 2026

    Split 9th Circ. Curbs Foreign Asset Forfeiture Without Control

    A split Ninth Circuit panel Wednesday held that courts must determine that they have, at the very least, constructive control over a foreign defendant's property to establish jurisdiction in a forfeiture case, pointing to the Fifth Amendment's due process clause.

  • September 02, 2026

    Trading Firm To Seek Justices' Input On Arbitration Questions

    The Seventh Circuit said Wednesday that it will wait to make its arbitration rejection official so a Chicago trading firm can ask the U.S. Supreme Court to determine whether it was correctly ordered to litigate proposed class securities manipulation accusations.

  • September 02, 2026

    VLSI Presses Court For Full Anonymous Report In Intel Row

    VLSI has urged a D.C. federal court to force the U.S. Patent and Trademark Office to release an unredacted version of a report alleging a connection between Intel and a company that successfully challenged a VLSI patent at issue in a multibillion-dollar infringement case.

  • September 02, 2026

    Online Embedders May Like 5th Circ.'s Pivot On Server Test

    The Fifth Circuit last week rejected a 2007 copyright test that publishers have long criticized, but attorneys say the court's replacement may still leave news aggregators and apps that embed third-party content in a strong position while putting more pressure on rights holders to restrict content they don't want embedded elsewhere.

  • September 02, 2026

    Thomson Reuters Cyberattack Hits North American Courts

    A recent cyberattack on Thomson Reuters' court management software affected files associated with court systems in 11 states, the U.S. Virgin Islands and Canada, and may have exposed sealed documents and individuals' personal information, according to a Wednesday announcement from the technology and information services company.

  • September 02, 2026

    Fla. Appeals Court Cuts Murder Conviction To Manslaughter

    A Florida appeals court Wednesday reversed a man's conviction for second-degree murder, holding that his fatal shooting of his sister's boyfriend following a domestic incident was an "impulsive overreaction" and he should therefore be convicted of manslaughter instead.

  • September 02, 2026

    Fed. Circ. Won't Bring Back Pediatric Supplement Patent

    The Federal Circuit on Wednesday declined to revive a patent covering a pediatric vitamin D supplement after some claims were found to be unpatentable by the Patent Trial and Appeal Board, finding no abuse of discretion in the board's logic.

  • September 02, 2026

    Public Access Gets Win In Ex-Fla. GOP Chair's Records Case

    A Florida appellate court ruled Wednesday in favor of public access to investigative records involving the former chairman of the Sunshine State's Republican Party, finding that only legislators can create exemptions under the state's Public Records Act. 

  • September 02, 2026

    FCC Staff Are Making Big Decisions, But The Tactic Isn't New

    When an arm of the Federal Communications Commission that deals with broadcast competition waived one of the country's signature media ownership rules without a full FCC vote this year, it wasn't the first time agency staff had been entrusted with a major decision by the FCC's politically appointed chair.

  • September 02, 2026

    House Rejects Amendment To Fix Court At 9 Justices

    The House failed to pass a proposed constitutional amendment on Wednesday that would keep the number of U.S. Supreme Court justices at nine.

  • September 02, 2026

    Fla. Driver's Conviction Upheld Over 'Intentional' Gate Damage

    A rideshare driver who damaged a malfunctioning community gate could have stopped trying to force it open or called the police for help, a Florida state appeals court said Wednesday in upholding the driver's felony conviction for criminal mischief.

  • September 02, 2026

    3rd Circ. Says 2nd Circ. Case Is No Cause To Review Deportation

    The Third Circuit has upheld an immigration appeals board's denial of a noncitizen's latest challenge to his 2011 removal order following a drug conviction, finding a change in law from the Second Circuit doesn't warrant reopening or reconsidering his case.

  • September 02, 2026

    Fed. Circ. Backs Micron's PTAB Wins Over Netlist

    Micron took home a series of wins at the Federal Circuit on Wednesday in its multifaceted patent battle against Netlist, with the court upholding invalidations of five computer memory patents.

  • September 02, 2026

    2nd Circ. Says PBM Opioid Crisis Suits Belong In Fed. Court

    Local New York governments can't keep dozens of suits alleging two of the nation's largest pharmacy benefit managers contributed to the opioid epidemic in state court, a Second Circuit panel held Wednesday, finding the litigation alleges "indivisible" federal and non-federal conduct by the PBMs.

  • September 02, 2026

    Fla. Trump Resort Beats Suit Over Guest's Foot Amputation

    A Florida appeals court on Wednesday tossed a suit seeking to hold the Trump International Beach Resort liable for the amputation of a guest's foot after he walked on a hot pool deck, saying the hot surface was an open and obvious condition.

  • September 02, 2026

    10th Circ. Says Vape Shops Fumbled Utah Flavor Ban Appeal

    The Tenth Circuit dismissed an appeal brought by vape businesses challenging Utah's flavored e-cigarette ban, ruling that the companies picked the wrong order to bring to it on appeal.

  • September 02, 2026

    Casino Urges High Court To Stay Bargaining Order Mandate

    A Las Vegas casino asked the U.S. Supreme Court to halt a D.C. Circuit mandate enforcing a bargaining order issued by the National Labor Relations Board, claiming the mandate should be stayed pending the casino's petition for high court review of the circuit court's recent decision in the case.

  • September 02, 2026

    11th Circ. OKs Refusal Of $1.5M Offer To End $140M Tax Debt

    The Eleventh Circuit rebuffed a software company founder's $1.5 million offer to settle his $140 million tax debt from 1999, ruling Wednesday that the IRS properly rejected the lowball offer in a case tied to sham arrangements.

  • September 02, 2026

    11th Circ. Revives Some Of Pot Co.'s License Bias Claims

    The Eleventh Circuit revived Wednesday a cannabis company's suit against Georgia regulators over a denied production license, saying the company showed it suffered an injury from the state's "pay to play" system and had the right to bring a lawsuit despite cannabis being federally illegal.

  • September 02, 2026

    Contractor Seeks Redo After Fed. Circ. Vacates $12.7M Award

    A software developer has urged the en banc Federal Circuit to rethink a panel's decision vacating a $12.7 million award against the federal government over unauthorized copies of the company's software, saying the panel wrongly endorsed a hypothetical negotiation between the parties to calculate damages.

Expert Analysis

  • Future Of Fed Independence Shaky After Justices' Ruling

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    The U.S. Supreme Court's recent ruling in Trump v. Cook preserved the Federal Reserve's formal independence but could invite the president to remove board members with just modest protections, leaving the central bank's autonomy uncertain and potentially setting up fresh clashes over other agencies, says Steven Schwinn at the University of Chicago.

  • Series

    Mich. Banking Brief: All The Notable Legal Updates In Q2

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    The second quarter brought several notable financial services law developments to Michigan, including a U.S. Supreme Court ruling on state tax foreclosures, progress on a money transmission modernization bill package, and continued legislative momentum on cryptocurrency and mortgage lending, say attorneys at Dykema.

  • Justices' Ruling Alters Playing Field For State Subpoena Suits

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    The U.S. Supreme Court’s decision in First Choice Women’s Resource Centers v. Davenport will spark more federal court challenges to state subpoenas, but procedural defenses will block some merits decisions, so plaintiffs must carefully time and manage parallel federal and state proceedings, say attorneys at Troutman.

  • Looking At Drake's Diss Track Appeal Through An IP Lens

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    Though Drake's pending Second Circuit appeal over UMG's promotion of Kendrick Lamar's "Not Like Us" is formally about defamation, it shows that IP considerations can help identify records showing how a work traveled, which may guide courts when deciding context, says attorney Abdul Abdullahi.

  • Series

    Bass Fishing Makes Me A Better Lawyer

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    Landing a trophy striped bass and closing a big deal both require cultivating the patience to finesse — not force — your way to desired outcomes, changing course when your old approach isn’t working and learning from the ones that got away, says Jon Ruiss at Alston & Bird.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q2

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    The year's second quarter brought several notable banking law developments to New York, including a proposal to align state stablecoin rules with the federal Genius Act, fresh fair lending and cybersecurity guidance from state regulators, and a significant Second Circuit holding on preemption, say attorneys at Ashurst Perkins Coie.

  • PacifiCorp Ruling Shows Limits Of Aggregate Wildfire Loss Models

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    An Oregon appeals court's recent decision in James v. PacifiCorp illustrates that in litigation involving multiple wildfires, materially different causation theories, and evidence tied to particular fires and locations, a single undifferentiated damages model is vulnerable to attack, say Paige Van Oosten and Jason Kim at Hunton and Kevin Cahill at FTI Consulting.

  • Roundup

    The Most Talked-About Supreme Court Decisions Of 2026

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    This term, 11 U.S. Supreme Court decisions quickly became hot topics among Law360's guest writers.

  • A New Defense For Medicaid Fraud Cases In Texas

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    The Texas Supreme Court decision in LabCorp v. Texas last month, finding that the state's False Claims Act requires proof that an omission is material, is among the first to establish that the government's lack of reaction to the defendant's disclosures rendered alleged omissions immaterial, say attorneys at Sheppard.

  • Fighting The Evidentiary Risks Of Deepfakes In Court

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    Though courts and federal rules are only slowly developing frameworks for assessing digital evidence that could have been created or generated by artificial intelligence, litigators should understand what steps they'll likely need to take to successfully challenge potentially deepfaked exhibits — and fight questions about the authenticity of their own, say attorneys at MoFo.

  • Justices' Cuba Ruling Narrowly Recasts Sovereign Immunity

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    The U.S. Supreme Court recently allowed Exxon Mobil's bid for $1 billion in damages for Cuban-seized property to proceed, but the ruling's doctrinal significance is in treating the Helms-Burton Act as a later, specific and self-contained statutory displacement of the default jurisdictional immunity regime, says Josep Galvez at 4-5 Gray's Inn.

  • 'Tiger King' Funeral Clip Ruling Offers Fair Use Road Map

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    The Tenth Circuit's decision in Whyte Monkee v. Netflix that the streaming service's use of another party's funeral footage in the docuseries "Tiger King" constituted fair use lays out a framework for producers to apply the four statutory fair use factors to their own projects, says Frank D’Angelo at Loeb & Loeb.

  • Justices Stand On Statutory Specifics In Cisco And Landor

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    With its June 23 decisions in Cisco Systems Inc. v. Doe and Landor v. Louisiana Department of Corrections and Public Safety, the U.S. Supreme Court doubled down on the critical point that the statute invoked in a federal claim must authorize a private lawsuit and the remedy sought, says Patrick Judd at Phelps Dunbar.

  • Justices' Concurrences Foretell Fault Line On Appeal Waivers

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    The U.S. Supreme Court recently ruled 8-1 in Hunter v. U.S. that appeal waivers that produce a miscarriage of justice are unenforceable, but the decision's concurrences indicate future divisions over whether this exception will be used as a rare safety valve or to police ordinary but troubling plea errors, say attorneys at RJO.

  • How Montgomery Ruling Will Affect Cos. Across Supply Chain

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    Since the U.S. Supreme Court's May 14 decision in Montgomery v. Caribe Transport II, the immediate focus has been on freight brokers and negligent carrier-selection claims, but the ripple effects may extend to shippers, logistics providers, insurers, transportation managers and other participants in the supply chain, say attorneys at Quintairos Prieto.

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