Appellate

  • October 13, 2026

    11th Circ. Urged To Keep Atty On The Hook For Defense Costs

    A lawyer who said a fellow attorney targeted her with a frivolous lawsuit asked the Eleventh Circuit to uphold a sanctions award, arguing that a district court was right to conclude that the suit was baseless and defense costs should be shifted to the plaintiff.

  • October 13, 2026

    Justices Wary Of Weakening Sentencing Commentary

    The U.S. Supreme Court appeared skeptical Tuesday of arguments that lower court judges should not give deference to U.S. Sentencing Commission commentary that interprets federal sentencing guidelines, with some of the justices wondering whether such a holding would open the floodgates for thousands of defendants seeking to have their sentences reconsidered.

  • October 13, 2026

    1st Circ. Revives Amgen Migraine Drug Risk Label Suit

    A mother in Massachusetts is entitled to pursue a new theory of liability against drugmaker Amgen Inc. over the death of her 25-year-old son after he took the company's then-recently approved migraine medication Aimovig in 2018, the First Circuit has found.

  • October 13, 2026

    2nd Circ. Revives Lidl Worker's Unpaid Waiting Time Suit

    Waiting time is compensable under federal wage law when employees are required to report to work but cannot begin their duties for reasons beyond their control, the Second Circuit ruled Tuesday in reviving a Lidl grocery store worker's unpaid wage claims.

  • October 13, 2026

    Sotomayor Warns Gov't On Double Jeopardy In Migrant's Case

    U.S. Supreme Court Justice Sonia Sotomayor cautioned the government on Tuesday about charging a deported Mexican national twice for the crime of being found in the U.S. after having been removed, saying constitutional problems plagued the government's treatment of the man.

  • October 13, 2026

    High Court Won't Hear Ex-United Worker's Suit Against IAM

    The U.S. Supreme Court on Tuesday declined to revive a lawsuit brought by a former United Airlines customer service agent seeking to bring claims against her union for failing to take her wrongful discharge claim against the company to arbitration.

  • October 13, 2026

    Sen. Justice Must Cover Coal Cos.' $25M Surety Bond Debt

    U.S. Senator Jim Justice must pay a surety more than $25 million after he personally promised to cover collateral and past-due premiums owed by his coal companies if they failed to stay current on their payment obligations, the Sixth Circuit ruled.

  • October 13, 2026

    Cozen Says Rival Weaponized Florida Mediation Law

    Cozen O'Connor urged a Florida appeals court Tuesday to reverse a judgment in favor of Mintz Truppman PA in a long-running dispute over an alleged breach of mediation confidentiality, calling the rival firm's suit an "unprecedented attempt to weaponize the Mediation Confidentiality Act."

  • October 13, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week saw stockholders challenge Nvidia Corp.'s roughly $20 billion deal with artificial intelligence chipmaker Groq Inc., Hertz Global Holdings Inc.'s electric vehicle strategy and more than $1.5 billion in Humana Inc. stock buybacks.

  • October 13, 2026

    1st Circ. Nixes Lobster Fishers' Libel Suit Against Aquarium

    The First Circuit has ordered the dismissal of a defamation suit that lobster fishers brought against an aquarium that urged consumers to avoid buying lobster, finding the claims are barred because the report did not single out any of the plaintiffs.

  • October 13, 2026

    Judge Rejects Updated AG Bid To Join RealPage Deal Talks

    A Tennessee federal judge said he would consider objections from state attorneys general to terms of a possible settlement in multidistrict litigation over alleged price-fixing enabled by RealPage software, despite rejecting a renewed move by the states to intervene in the negotiations.

  • October 13, 2026

    What The Justices Won't Hear: A Roundup Of Cert Denials

    The U.S. Supreme Court declined to grant a writ of certiorari to another batch of applications Tuesday, including cases involving six-figure sanctions, wine shipment laws and overtime claims. 

  • October 13, 2026

    High Court Won't Review Student's Suit Over Phone Search

    The U.S. Supreme Court on Tuesday denied certiorari to a teenager who alleges his constitutional rights were violated when his school principal searched his phone on suspicion that he had nude photos of another student.

  • October 13, 2026

    Pa. High Court Snapshot: Jail Bargaining, Energy Land Tiffs

    The Pennsylvania Supreme Court will consider whether a referendum banning solitary confinement at the Allegheny County Jail had to be bargained with the jail's union when the court sits in Pittsburgh starting Wednesday.

  • October 13, 2026

    11th Circ. Lowers Bar For Getting ERISA Claims Into Court

    The full Eleventh Circuit on Tuesday overturned decades-old precedent that took a strict view of when federal benefits law claims could be brought in court, reviving a proposed class action alleging mismanagement of a seafood company's employee stock ownership plan.

  • October 13, 2026

    Justices Agree To Hear Habeas Case About Circuit Splits

    The U.S. Supreme Court on Tuesday agreed to consider whether prisoners can appeal denials of their federal habeas corpus petitions if there is a circuit split on the issue underlying their petition, even if their home circuit has precedent against them.

  • October 13, 2026

    High Court Will Not Hear Fiat Chrysler Defect Row

    The U.S. Supreme Court on Tuesday declined to weigh whether an arbitrator or a court should decide the proper venue for a dispute involving a nonsignatory to an arbitration agreement in an appeal brought by Fiat Chrysler in a proposed class action over allegedly defective Jeep and Dodge headrests.

  • October 13, 2026

    High Court Sends Back $28M Roundup Verdict After Durnell

    The U.S. Supreme Court on Tuesday remanded a case involving a $28 million award to a California man who developed non-Hodgkin lymphoma after using Monsanto's Roundup weed killer, following its recent ruling that federal law barred failure-to-warn claims over the pesticide.

  • October 13, 2026

    High Court Won't Take Up Texas A&M Prof's FMLA Appeal

    The U.S. Supreme Court refused Tuesday to review a Texas A&M University professor's lawsuit alleging she was denied tenure because of pregnancy-related time off, leaving in place a state court's conclusion that the college had immunity from her Family and Medical Leave Act claims.

  • October 13, 2026

    High Court To Consider DOGE FOIA Dispute

    The U.S. Supreme Court announced Tuesday it will review the D.C. Circuit's decision to greenlight limited discovery aimed at determining whether the Department of Government Efficiency is an agency subject to the Freedom of Information Act.

  • October 13, 2026

    Justices Won't Eye 'Weaponized' Sanctions Of Election Attys

    Despite outrage among Ninth Circuit conservatives, the U.S. Supreme Court declined Tuesday to scrutinize six-figure sanctions of lawyers who challenged Arizona election protocols, leaving intact discipline designed to "send a message."

  • October 13, 2026

    High Court Won't Hear NYC Loft-Conversion Petition

    The U.S. Supreme Court on Tuesday declined to review a decision from New York's highest court determining that New York City fees for converting artist lofts into residential units are legally enforceable.

  • October 13, 2026

    Supreme Court Won't Weigh Employer-Knowledge OT Defense

    The U.S. Supreme Court declined on Tuesday to review whether an employer owes overtime pay if it did not have knowledge that the worker was putting in the extra hours, avoiding reconsideration of a Fifth Circuit ruling in a wage case against Texas Farm Bureau.

  • October 13, 2026

    Justices Turn Away Ex-Ruby Tuesday Execs' Benefits Case

    The U.S. Supreme Court on Tuesday rejected former Ruby Tuesday executives' bid for review of their claims that Regions Bank underpaid them after their deferred compensation benefits were liquidated in bankruptcy, turning away a case the ex-executives said presented a circuit split.

  • October 13, 2026

    Justices Won't Review Ohio's Out-Of-State Wine Sales Law

    The U.S. Supreme Court refused on Tuesday to review a Sixth Circuit ruling that found Ohio's law banning the shipment of wine to consumers in the state by out-of-state retailers is unconstitutional.

Expert Analysis

  • Monsanto Ruling Bolsters Generic Drug Labeling Preemption

    Author Photo

    The U.S. Supreme Court's recent decision in Monsanto Co. v. Durnell concerns herbicide labeling regulated by the Federal Insecticide, Fungicide, and Rodenticide Act, but also carries weighty implications for preemption of state law labeling claims against drug manufacturers, say Terry Henry and Ann Querns at Blank Rome and Melanie Leney at Aurobindo Pharma.

  • Justices' Tax Sale Ruling Tees Up Auction Fairness Battles

    Author Photo

    The U.S. Supreme Court’s recent decision in Pung v. Isabella County, Michigan, that taxpayers are not entitled to fair market value of real property seized to satisfy a tax debt shifts attention to the fairness of state and local auction procedures, and whether taxpayers claiming surplus proceeds face unwarranted hurdles, say attorneys at Miller Canfield.

  • Why The 2nd Circ. Upheld Beneficial Ownership Blockers

    Author Photo

    The Second Circuit recently held that a properly drafted contractual blocker — which caps an investor's beneficial ownership below 10% and automatically voids any transaction that would breach the cap — shields the investor from Section 16(b) liability, demonstrating that blockers have teeth, say attorneys at Sheppard.

  • Patent Eligibility Reforms Keep Chasing The Wrong Fixes

    Author Photo

    Repeated efforts to create a consistent, predictable patent eligibility standard under Section 101 have centered on replacing judge-made exceptions with new statutory language, but the better fix is to align examination standards with how courts actually apply eligibility doctrine, says former Patent Trial and Appeal Board judge Amee Shah.

  • Opinion

    Qualified Immunity Bill's Reach Goes Beyond Federal Officers

    Author Photo

    The federal Qualified Immunity Abolition Act, introduced earlier this year and described by the bill sponsors as a federal-officer measure, would in actuality reach the entire universe of Section 1983 defendants, a distinction that matters as much to defense counsel as to plaintiffs, says attorney V. James DeSimone.

  • Where The Justices Aligned In Appellate Authority Ruling

    Author Photo

    The real story of the U.S. Supreme Court’s recent ruling in T.M. v. University of Maryland Medical System Corp., finding that a doctrine designed to curtail duplicative litigation prevents federal district courts from reviewing state court decisions, is in how the justices together revisited an obscure, century-old jurisdictional doctrine, says Alex Dimitrief at Zeughauser Group.

  • How High Court Pepsi Case Could Brew TM Strategy Shift

    Author Photo

    The U.S. Supreme Court's forthcoming decision in RiseandShine v. PepsiCo will determine whether a judge or jury decides trademark strength in infringement disputes, which could meaningfully change early-stage motion practice, discovery and what evidence is needed to prove a mark is strong, says Rachel Scobie at Merchant & Gould.

  • State Of Insurance: Q2 Notes From Pennsylvania

    Author Photo

    Todd Leon at Marshall Dennehey highlights notable second-quarter insurance developments in Pennsylvania, including federal court opinions providing guidance on first-party and third-party insurance coverage principles, and a pending bill seeking to regulate health insurers' use of artificial intelligence.

  • High Court, SEC Proposals Set Stage For Further Fund Reform

    Author Photo

    The U.S. Supreme Court's recent decision in FS Credit Opportunities v. Saba Capital Master Fund and the U.S. Securities and Exchange Commission's proposed rulemaking packages aimed at public market reforms provide a constructive backdrop for considering additional innovations to the listed fund structure, say attorneys at Debevoise.

  • Series

    Judges On AI: Examining Administrative, Organizational Uses

    Author Photo

    U.S. District Judge Alan Albright of the Western District of Texas examines how artificial intelligence could transform a court's ability to deal with administrative work and organize materials when preparing for hearings or drafting opinions, thereby affording judges more time to resolve contested issues.

  • Why 4th Circ.'s Clean Water Act Injunction Ruling Matters

    Author Photo

    The Fourth Circuit's ruling last month in West Virginia Rivers Coalition v. Chemours, holding that a Clean Water Act permit violation does not automatically create a presumption of irreparable harm that requires a preliminary injunction, avoided a dramatic change in CWA enforcement, say attorneys at Hunton.

  • USPTO-Fed. Circ. Split Complicates Machine Learning Patents

    Author Photo

    The wide chasm between the USPTO's and the Federal Circuit's approach to eligibility for machine learning patents means that patent drafters must avoid functional claiming and specifications if they hope to avoid invalidation of a machine learning patent at the appellate court, says attorney Michael Kiklis.

  • How 9th Circ. 'Shadow Trading' Case May Affect Private Credit

    Author Photo

    Private credit firms should not wait for a result in the Ninth Circuit appeal in U.S. Securities and Exchange Commission v. Panuwat to address material nonpublic information exposure under existing statutes and take steps to ensure their internal policies and surveillance are ready for increased regulatory scrutiny, says Steve Brown at StarCompliance.

  • 4 Cert. Denials Keep Personal Jurisdiction Issues Percolating

    Author Photo

    After the U.S. Supreme Court's decisions in Ford Motor v. Montana and Mallory v. Norfolk Southern Railway expanded limits on personal jurisdiction, the justices' denials this term of four certiorari petitions suggest they are content to let jurisdiction questions brew in lower courts before weighing in, say attorneys at Hunton.

  • Class Actions At The Circuit Courts: July Lessons

    Author Photo

    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings involving wage and hour allegations, medical care for incarcerated individuals, oil and gas royalty payments, and nuisance claims.

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.