Appellate

  • June 26, 2026

    NY Appeals Court Grants Hearing In Speedy Trial Fight

    A man sentenced to up to three years in prison for 2018 crimes including endangering the welfare of a child, stealing, violating an order of protection and harassment must have his trial delay claims addressed, a New York Appeals court said.

  • June 26, 2026

    5 ERISA Cases To Keep An Eye On In The Second Half Of 2026

    A U.S. Supreme Court challenge to Intel Corp.'s 401(k) investment lineup tops the list of cases benefits attorneys will be watching this summer and fall, though appeals involving health plan tobacco fees, plan forfeiture spending and a potential Eleventh Circuit precedent shift are also top of mind. Here, Law360 looks at five ERISA cases that attorneys should have on their radar as 2026 rolls on.

  • June 26, 2026

    High Court To Issue Big Decisions In Term's Final Days

    As the U.S. Supreme Court enters the final days of its term, the justices still have several major decisions to issue, including some concerning birthright citizenship, the president's power to remove independent agency officials, transgender athletes and election rules. 

  • June 26, 2026

    Scientologists Want 'Ignored' Boies Schiller AI Errors Review

    The Church of Scientology has asked the California Supreme Court to review an appellate order that didn't impose sanctions on Boies Schiller Flexner LLP for filing a brief containing artificial intelligence-generated citation errors in a harassment and retaliation suit pending against the church.

  • June 26, 2026

    Reed Smith Wants Pause In Ex-Atty's Bias Suit Amid Appeal

    Reed Smith LLP asked a New Jersey court on Thursday to stay a former attorney's gender discrimination suit against it while the attorney's appeal of the scope of the damages in the suit plays out.

  • June 26, 2026

    11th Circ. Told Loan Program Wasn't Commodities Investing

    An imprisoned foreign currency trader urged an Eleventh Circuit panel Friday to undo a $62 million fraud-related judgment in the Commodities Futures Trading Commission's lawsuit accusing him of misappropriating investor cash, arguing the money was lent to him and he wasn't pooling funds. 

  • June 26, 2026

    3rd Circ. Says Exculpatory Info Can't Undo Murder Conviction

    A man convicted of murder in 1995 can't reverse the jury's verdict based on the prosecution withholding impeachment evidence against two witnesses because he had not shown that evidence would have been likely to change the outcome of his trial, the Third Circuit ruled Friday.

  • June 26, 2026

    Mass. High Court Says Procedural Flaw Can't Sink Arb. Award

    An arbitrator did not exceed his authority in ordering partial recoupment of payments made by a general contractor to a subcontractor amid a dispute over invoices, Massachusetts' highest court said Friday.

  • June 26, 2026

    Del. Justices Back Trade Desk In Nevada Records Fight

    The Delaware Supreme Court on Friday upheld a Delaware Chancery Court ruling limiting a stockholder's inspection rights, affirming that The Trade Desk Inc. does not have to produce director emails and other informal communications sought in an investigation into the advertising technology company's 2024 reincorporation from Delaware to Nevada.

  • June 26, 2026

    Thermostat Patent Case Settles After Fed. Circ. Undid Verdict

    Two home automation companies have settled a case over a thermostat patent after the Federal Circuit undid an $11.5 million jury verdict awarded to one of them and faulted the judge overseeing the trial for using jury forms that collapsed all infringement allegations into a yes-no question.

  • June 25, 2026

    Robo-Surgery Co., FTC Urge 9th Circ. To Revive Antitrust Case

    Surgical Instrument Service and the Federal Trade Commission urged the Ninth Circuit on Thursday to revive the company's case accusing Intuitive Surgical of blocking third parties from refurbishing components for its da Vinci surgery robot, saying a lower court erred in requiring the U.S. Supreme Court's Kodak factors to be proven.

  • June 25, 2026

    9th Circ. Backs Removals For Child Endangerment

    A federal statute allowing noncitizens to be deported over convictions for a crime of child abuse, child neglect or child abandonment can encompass endangerment situations where a child was put in danger but not hurt, a Ninth Circuit panel ruled Thursday.

  • June 25, 2026

    CFTC, Prediction Market Trade Group Back Kalshi At 6th Circ.

    The U.S. Commodity Futures Trading Commission and a prediction market trade group are pressing the Sixth Circuit to affirm sole federal oversight of event contracts in separate briefs that argued state gambling laws are a poor fit to regulate trading on real-world events.

  • June 25, 2026

    Texas Faces Tough Questions In Tylenol Autism Appeal

    A Texas appellate court seemed skeptical Thursday of an argument that the parent entities of the company that sells Tylenol should have to defend claims that the pain reliever causes autism, suggesting that the companies don't have enough ties to Texas.

  • June 25, 2026

    Trucking Co. Can't Nix $2.8M Crash Judgment, 5th Circ. Says

    A trucking company accused of triggering a pileup on Interstate 20 in Mississippi cannot evade a $2.8 million default judgment, the Fifth Circuit ruled in a published opinion, saying "equity and justice do not compel giving" the company "a do-over now."

  • June 25, 2026

    Wash. Justices Back Climate Act Farm Fuel Exemption Regs

    The Washington Supreme Court unanimously rejected the Washington Farm Bureau's challenge to regulations surrounding a farm fuel exemption in a landmark 2021 law establishing the state's cap-and-invest program, finding Thursday the rule aligns with lawmakers' ultimate goal of curbing top greenhouse gas emitters.

  • June 25, 2026

    NJ Justices Say EMTs Immune In Brain Injury Suit

    The New Jersey Supreme Court on Thursday held that paramedics who treated a toddler's head injury, which led to a permanent brain injury, are entitled to immunity under a state statute governing emergency medical treatment, saying they acted in good faith and in accordance with the law's requirements.

  • June 25, 2026

    Feds Say Would-Be Kavanaugh Assassin Was Let Off Easy

    Both federal prosecutors and a Stephen Miller-founded public interest group believe that a Maryland federal judge let a woman accused of trying to kill U.S. Supreme Court Justice Brett Kavanaugh off too easy because of her gender identity and want the Fourth Circuit to order resentencing.

  • June 25, 2026

    Fired SpaceX Workers Can't Dodge Arbitration, 9th Circ. Told

    A SpaceX attorney Thursday urged the Ninth Circuit to revive its bid to arbitrate claims by eight former employees who say they were wrongfully terminated for complaining about CEO Elon Musk's sexually charged social media posts, saying they did not "adequately allege" sexual harassment.

  • June 25, 2026

    Calif. Justices Say Custody Credits Don't Pool Across Cases

    California's top court ruled Thursday that courts are not required to credit defendants for aggregate time served before sentencing in separate cases, reversing a state appellate court decision.

  • June 25, 2026

    Ohio Justices Reject Claims Of $115M Utility Overcharges

    The Ohio Supreme Court on Thursday rejected claims that consumers were overcharged by $115 million for electricity from aging coal-fired power plants in 2020, saying that utility regulators correctly determined that state law entitled the plants' owners to the payments.

  • June 25, 2026

    Colo. Panel Says Prehearing Objection Preserves Arb. Fight

    A Colorado Court of Appeals panel ruled Thursday that a party doesn't waive its right to object to arbitrability so long as the objection is raised prior to the arbitration hearing, even if the party participated in the arbitration proceedings for an extended period of time.

  • June 25, 2026

    AGs, Cable Orgs., Newsmax Back Nexstar Block At 9th Circ.

    A bipartisan coalition of state attorneys general have filed one of three amicus briefs urging the Ninth Circuit to fully preserve a preliminary injunction blocking Nexstar's purchase of Tegna, arguing the states challenging the deal have standing to sue and that only a broad block is appropriate.

  • June 25, 2026

    11th Circ. Judges Question Coke's View Of IRS As Arbitrary

    Judges for the Eleventh Circuit probed attorneys for Coca-Cola and the government Thursday about whether the IRS was arbitrary in abandoning its position in a closing agreement the beverage company had relied on for decades to calculate its transfer prices with related foreign suppliers.

  • June 25, 2026

    SCOTUSblog Founder Goldstein Blasts 'Inflated' DOJ Tax Math

    Convicted SCOTUSblog founder Tom Goldstein and federal prosecutors are clashing again over their dramatically divergent sentencing recommendations, with the defense accusing the government of presenting a "one-dimensional caricature" of the famed lawyer in seeking an eight-year sentence, and prosecutors accusing him of potentially deleting "secret chats" with his gambling backers.

Expert Analysis

  • GHG Rescission Undermines State Climate Suit Preemption

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    As the U.S. Supreme Court considers the fate of state climate litigation in Suncor Energy Inc. v. Boulder County, it must confront the fact that the U.S. Environmental Protection Agency's rescission of its greenhouse gas endangerment finding has also removed the foundation for federal preemption of state climate suits, says attorney Gregg Goldfarb.

  • 3rd Circ. Decision Sheds Light On BIPA Bank Exemption

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    The Third Circuit's recent decision in McGoveran v. Amazon illuminates how courts are extending the Illinois Biometric Information Privacy Act's financial institution carveout beyond banks and insurers to technology vendors and other businesses handling biometric data, a defendant-friendly shift that still casts uncertainty around BIPA's enforcement, say attorneys at Dorsey.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • Series

    Moshing Makes Me A Better Lawyer

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    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • High Court Ruling Casts Doubt On Status-Based Gun Bans

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    The U.S. Supreme Court’s recent ruling in U.S. v. Hemani demonstrates that the justices are increasingly skeptical of broad theories of categorical disarmament and clarifies that dangerousness cannot simply be presumed from one's status or membership in a statutory category, such as illegal drug use, says Lee Francis at Widener Law.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

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    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • Steps For Employers After 7th Circ. BIPA Retroactivity Ruling

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    The Seventh Circuit's recent ruling in Clay v. Union Pacific sharply limits per-scan statutory damages theories in pending Biometric Information Privacy Act cases by retroactively applying a 2024 amendment, but employers should not mistake the holding for a broad safe harbor, say attorneys at Thompson Coburn.

  • How NEPA Review Has Changed Since Seven County

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    A year after the U.S. Supreme Court's decision in Seven County Infrastructure Coalition v. Eagle County instituted major changes to judicial review under the National Environmental Policy Act, courts are effectively applying the decision, but where things go from here may be up to agencies and project proponents, say attorneys at Venable.

  • A Midyear Look At Antiterrorism Act Jurisprudence And Policy

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    Plaintiffs have filed comparably fewer new actions under the Antiterrorism Act this year, though a handful of key decisions further defined the statute’s aiding-and-abetting standard and highlighted continuing risks for financial services companies, say attorneys at Skadden.

  • Justices' ICA Ruling Provides Certainty For Regulated Funds

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    The U.S. Supreme Court's recent ruling in FS Credit v. Saba that a contract-rescission provision of the Investment Company Act does not provide investors with a private right of action is a victory for the regulated fund industry, emphasizing that where Congress intended to create private remedies, it did so expressly, say attorneys at Simpson Thacher.

  • Justices' Obstruction Ruling Clears Venue-Challenge Path

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    While the U.S. Supreme Court’s recent ruling in Abouammo v. U.S. poses venue challenges for federal obstruction of justice prosecutions, it is a gift for defense counsel because it offers a clean, constitutional basis to challenge venue where a place of falsification and a place of investigation diverge, says Liz Aloi at MoFo.

  • Drawing A Line Between Settlement Pressure And Extortion

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    U.S. v. Luo, pending in the U.S. District Court for the Southern District of New York, may force courts to address anew when settlement negotiations become criminal extortion, particularly in the age of easily fabricated digital evidence, says attorney Denis Kiely.

  • Recent Cases Clarify When Risk Disclosures Trigger Liability

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    Several recent decisions highlight circumstances where risk disclosures can constitute actionable misrepresentations, providing clarity on how the Private Securities Litigation Reform Act's safe harbor and the common-law bespeaks caution doctrine apply to risk disclosures, and how publicly traded companies can guard against such claims, say attorneys at Katten.

  • Securities Class Cert., 5 Years After Goldman Ruling

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    The U.S. Supreme Court's 2021 decision in Goldman Sachs Group v. Arkansas Teacher Retirement System has not only armed defendants in securities cases with more arguments in individual class certification fights, but may also be providing greater certainty and finality in class certification battles, say attorneys at Skadden.

  • Opinion

    Md., Colo. Climate Rulings Point To Need For Federal Solution

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    As the U.S. Supreme Court prepares to review the Colorado Supreme Court's 2025 ruling in Boulder County v. Suncor U.S. Inc., which green-lit a state-level climate lawsuit, a recent conflicting ruling from the Maryland Supreme Court underscores why a uniform federal answer on climate litigation is needed now, says Phil Goldberg at Shook Hardy.

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