Appellate

  • August 25, 2026

    DC Circ. Won't Revive Standard General's FCC Bias Suit

    The D.C. Circuit does not believe that the Federal Communications Commission took part in a racist conspiracy to kill Standard General hedge fund manager Soo Kim's $8.6 billion merger with broadcaster Tegna and has affirmed the dismissal of his lawsuit claiming such.

  • August 25, 2026

    Airport Terminals Co. Wants DC Circ. To Revive Contracts Suit

    A California-based company that builds and operates private luxury airport terminals is appealing the dismissal of its suit in a District of Columbia federal court against the Metropolitan Washington Airports Authority, which was accused of deliberately trying to avoid awarding the company airport terminal construction contracts.

  • August 25, 2026

    NRDC Says EPA Let Cleveland Polluters Dodge Smog Cuts

    The Natural Resources Defense Council on Tuesday asked the Sixth Circuit to review the U.S. Environmental Protection Agency's approval of a plan Ohio submitted for smog pollution in the Cleveland area, and accused the agency of giving a "free pass" to major polluters.

  • August 25, 2026

    Tesla Can't Avoid Revival Of Home Fire Suit, Calif. Panel Says

    A California appeals panel has ruled that a Los Angeles judge properly revived a suit accusing a Tesla employee of causing a house fire during an equipment installation, saying plaintiff's counsel's trial tardiness was caused by "excusable neglect."

  • August 25, 2026

    FERC Beats Environmental Challenge To La. LNG Terminal

    The D.C. Circuit on Tuesday upheld the Federal Energy Regulatory Commission's approval of a liquefied natural gas export terminal in Louisiana, saying environmental groups challenging the decision failed to show the project was not in the public's best interest.

  • August 25, 2026

    Del. Justices Say SPAC Proxy Claims Came Too Late

    The Delaware Supreme Court on Tuesday affirmed the dismissal of a special purpose acquisition company suit seeking damages tied to a $1.4 billion deal with an autonomous vehicle software provider, finding the plaintiff waited too long to sue.

  • August 25, 2026

    Colo. Judge Ships $8.3M Messner Reeves Fraud Suit To Utah

    A Colorado federal judge granted a motion Monday from law firm Messner Reeves LLP to move a lawsuit accusing the firm of stealing more than $8 million as part of a fraudulent loan scheme to Utah after finding the venue was the proper forum to litigate the claims.

  • August 25, 2026

    Ga. Justices Press Hotel Co. On Bid To Upend $38.4M Loss

    Georgia's highest court questioned Tuesday whether precedent supported a hotel operator's push to unravel a $17.4 million attorney fee award that came on top of $21 million in damages won by a teenager who was assaulted at one of the company's inns.

  • August 25, 2026

    DUI Suit Against Bar Wrongly Tossed, Ind. Panel Finds

    An Indiana appeals panel has revived claims against a tavern over a wrong-way crash involving one of its patrons, finding that there is a genuine dispute of fact over whether the tavern was aware the man was visibly intoxicated before he left.

  • August 25, 2026

    Tort Report: Mass. Jury Delivers Record Amazon Crash Verdict

    A record personal injury verdict against Amazon in a crash case and Aerosmith frontman Steven Tyler's upcoming sex abuse trial lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • August 25, 2026

    Albright Cements Lyft's $1M Trial Loss Over Ride-Hailing IP

    A Texas federal jury rightly found that Lyft Inc. infringed Quartz Auto Technologies LLC's ride-hailing patent and should pay $1 million for doing so, U.S. District Judge Alan Albright has ruled.

  • August 25, 2026

    Calif. County Drops Pot Fines To End Landowners' Claims

    Humboldt County, California, has agreed to settle a lawsuit with a group of landowners who complained authorities overstepped their powers in an effort to punish allegedly illegal cannabis grow operations, following a Ninth Circuit ruling in 2025 against the county.

  • August 25, 2026

    9th Circ. Says Congress Kept NSA Report Outside FOIA

    A Ninth Circuit panel has affirmed the National Security Agency's decision to not grant a Freedom of Information Act request to release a nearly six-decade-old report on the sinking of the USS Liberty.

  • August 25, 2026

    FDA Must Revisit Xifaxan Generic Exclusivity, DC Circ. Says

    The D.C. Circuit on Tuesday ordered the U.S. Food and Drug Administration to take another look at Norwich Pharmaceuticals' bid to bring a generic version of a prescription drug for irritable bowel syndrome to market, faulting the FDA's use of what the court said was an incorrect causation standard.

  • August 25, 2026

    6th Circ. Urged To Affirm Tobacco Fee Suit Toss

    A trade group representing large employee benefit plan administrators wrote in support of insurance giant Progressive at the Sixth Circuit, asking the appellate court to back dismissal of a proposed class action alleging the insurer wrongfully charged workers more for healthcare who used tobacco and refused COVID-19 vaccination. 

  • August 25, 2026

    11th Circ. Won't Upend Ex-Deputy's $250K Retaliation Suit Win

    The Eleventh Circuit on Tuesday upheld a jury's $250,000 award to a former sheriff's deputy who claimed he was fired for filing a bias charge against a Florida county sheriff's office, ruling statements in the charge were protected even if the sheriff believed they were false.

  • August 25, 2026

    DC Circ. Backs Red Snapper Management Plan

    A D.C. Circuit panel denied a petition from commercial fishers and fish purchasers challenging an annual federal catch limit for South Atlantic red snapper, rejecting their claim that the plan's lack of a limit on dead discards violates federal law and could lead to overfishing.

  • August 25, 2026

    Elite Schools Get 7th Circ. Appeal In Aid-Fixing Case

    The Seventh Circuit has agreed to allow several private universities accused of colluding to set financial aid offerings to appeal a ruling certifying a class of students over questions about an economic expert's testimony.

  • August 25, 2026

    DC Circ. Says ESA Review Wasn't Needed For EPA Air Rule

    The D.C. Circuit on Tuesday affirmed the U.S. Environmental Protection Agency's determination that retaining existing air quality standards for nitrogen oxides and particulate matter would not affect animals or plants protected under the Endangered Species Act.

  • August 25, 2026

    New Mexico Justices Pause Permit, Hearing For Data Center

    New Mexico's Supreme Court in a pair of rulings paused an air permit hearing and ordered a developer to stop drawing water from the construction site of Oracle, OpenAI and SoftBank's Project Jupiter data center, leading a lawmaker to call on state officials to release more information about the project.

  • August 25, 2026

    Rising Star: McKool Smith's Charles Fowler

    Charles Fowler, the head of Texas trial firm McKool Smith PC's appellate practice, has successfully protected a multimillion-dollar jury award in a contract dispute with Santander and steered Aramark through the appellate process in an ERISA dispute, earning him a spot among the appellate practitioners under age 40 honored by Law360 as Rising Stars.

  • August 25, 2026

    Mich. Panel Keeps Democratic Ballot Bids Alive Despite Error

    Democratic attorney general candidate Eli Savit and secretary of state candidate Garlin Gilchrist II can remain on track to appear on Michigan's November ballot after a state appellate panel upheld the dismissal of a lawsuit seeking to disqualify them, ruling that a lower court wrongly rejected the challenger's amended complaint but that the error was harmless. 

  • August 25, 2026

    8-Year Supervised Release Sentence Upheld In First Step Case

    A man given life in prison for a drug conspiracy and then resentenced under the First Step Act to time served and eight years of supervised release cannot further reduce the judgment, the Second Circuit has ruled.

  • August 25, 2026

    NAACP Warns Justices Colo. Pre-K Exemption Risks Bias

    The NAACP and NAACP Legal Defense and Educational Fund urged the U.S. Supreme Court to uphold Colorado's nondiscrimination rules for its universal preschool program, warning that allowing religious schools to receive public funds while excluding students based on sexual orientation or gender identity would undermine civil rights protections.

  • August 25, 2026

    6th Circ. Says Judge Can't Escape Teen Mock Arrest Suit

    A Sixth Circuit panel on Monday allowed to proceed a Michigan federal lawsuit filed against a Detroit judge who handcuffed a 15-year-old student and subjected her to a mock trial after she fell asleep in his courtroom, ruling that judicial immunity does not protect him.

Expert Analysis

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

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    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

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    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

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    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

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    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

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    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

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    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.

  • Justices Widen Path For Confiscated Cuban Property Claims

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    For Americans holding claims to confiscated Cuban property, the U.S. Supreme Court’s recent decision in Havana Docks v. Royal Caribbean Cruises means that the expiration of their property interest is no longer a bar and that any company using such property is now a potential defendant, say attorneys at Bracewell.

  • Your Next Litigation Hold Should Cover AI Chat Logs

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    The Delaware Chancery Court’s recent decision in Fortis Advisors v. Krafton to treat a CEO’s artificial intelligence chats as substantive evidence is being read as a discovery warning to litigators, but there is a second duty-to-preserve lesson that is especially pertinent to in-house counsel, say attorneys at Faegre Drinker.

  • Opinion

    High Court's Abortion Pill Stay Reinforces Appellate Principles

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    The U.S. Supreme Court's recent order in Danco Laboratories v. Louisiana, staying a Fifth Circuit ruling that reinstated an in-person requirement for dispensing the abortion medicine mifepristone, should be seen not as a definitive ruling on reproductive rights, but as an affirmation of a more disciplined jurisdictional reality, says Daniel Nardo at Nardo & Associates.

  • Series

    Studying Foreign Languages Makes Me A Better Lawyer

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    Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

  • 6th Circ. Ruling Highlights Split On Labor Cost Depreciation

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    The Sixth Circuit's recent decision in Schoening Investment v. Cincinnati Casualty throws into relief the fine lines of courts' varying interpretations of whether a commercial property insurer may justifiably depreciate labor costs to determine the actual cash value of damage, says Nabila Rahim at Zelle.

  • 6th Circ. Ruling Broadest So Far In Wave Of Habeas Decisions

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    The Sixth Circuit’s recent opinion in Lopez-Campos v. Raycraft provides the most developed structural reasoning among rulings in a widening circuit split over mandatory detention after undocumented entry into the U.S., and supplies immigration practitioners a template for due process arguments in favor of habeas relief, says Kemal Hepsen at Mandamus Lawyers.

  • Opinion

    Murdaugh Reversal Masks Deeper Justice System Issues

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    The South Carolina Supreme Court's recent reversal of Alex Murdaugh's murder conviction leans heavily on improper jury influence by an ex-county clerk of court while underbilling other errors in the case, which are emblematic of larger issues with the justice system, says Barry Edwards at Fair Trial Analysis.

  • Del. Justices' Ripeness Ruling Shields Advance Notice Bylaws

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    The Delaware Supreme Court’s recent decision dismissing two AES and Owens Corning stockholder challenges of advance notice bylaws as unripe provides corporations more room to insulate their nomination procedures from activist pressure, say attorneys at Reed Smith.

  • How The High Court Expanded Freight Broker Liability

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    After the U.S. Supreme Court's decision in Montgomery v. Caribe Transport II that freight brokers may be liable for selecting unsafe motor carriers, the key question will be whether brokers used reasonable care in selecting a given motor carrier, with the concurring opinion offering some clues as to what reasonable care might look like, says Marc Blubaugh at Benesch.

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