Appellate

  • 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.

  • October 13, 2026

    Justices To Weigh If Cooking For Terrorists Bars Asylum

    The U.S. Supreme Court on Tuesday said it will review whether a Nigerian man's short stint as a cook for a terrorist group constituted "material support" that would render the already deported man ineligible for asylum.

  • October 09, 2026

    5th Circ. Judges Clash Over Trans Restroom Photo Case

    A split Fifth Circuit on Friday declined to rehear a preliminary injunction bid in a case challenging the constitutionality of enforcing a Texas privacy law against a plaintiff who tweeted a photo of a trans woman in a bathroom, spurring three judges to author contentious concurring and dissenting opinions.

  • October 09, 2026

    9th Circ. Sides With Forest Service In Idaho Project Suit

    The Ninth Circuit on Friday reversed a lower court's finding that the U.S. Forest Service ran afoul of the National Forest Management Act when it approved an Idaho project, ruling the court erred when analyzing the project's compliance with limits on road construction in areas in and around bear habitat.

  • October 09, 2026

    Calif. Commission Bumps Up 3 Judges To Appellate Posts

    California's Commission on Judicial Appointments voted to elevate three Superior Court judges to state appellate court positions in Los Angeles and Santa Ana, the commission announced Friday.

  • October 09, 2026

    Iberdrola Loses Bid To Revive Mass. Power Plant Fraud Suit

    A New York appellate court has declined to revive an Iberdrola unit's lawsuit accusing the funders of a Massachusetts power plant project of tricking the energy company into largely completing construction before interfering in the contract to avoid funding the work.

  • October 09, 2026

    Texas Homeowners Lose Appeal In Harvey Flood Suit

    A Texas appellate court ruled Friday that the companies behind a housing development had no duty to prevent the catastrophic flooding associated with Hurricane Harvey, handing a defeat to homeowners in a suit that appeared to pose a novel issue given the historic storm.

  • October 09, 2026

    Cities Ask Justices To Undo Texas-DOJ Immigration Rule Deal

    Democracy Forward Foundation and several cities asked the U.S. Supreme Court on Friday to stay a district court's approval of a deal Texas and the Trump administration struck to vacate a Biden-era rule allowing immigration courts to temporarily close cases.

  • October 09, 2026

    Expert's Failure To Identify Doctors Dooms Texas Med Mal Suit

    A Texas appellate court has tossed a medical malpractice lawsuit accusing three doctors of failing to diagnose a woman's brain cyst, holding that the plaintiff's expert report failed to identify which physicians allegedly caused the woman's injuries.

  • October 09, 2026

    Pot Farm Seeks Review Of 6th Circ. Federal-Illegality Ruling

    A Michigan cannabis farm is asking the Sixth Circuit to reconsider a recent holding that contracts in the federally illegal marijuana industry are unenforceable, saying the ruling would cause "unimaginable instability" in jurisdictions with legalized cannabis.

  • October 09, 2026

    Atty Wrongly Axed CitiMortgage Suit, Clients Tell NC Justices

    A couple asked the North Carolina Supreme Court to revive their lawsuit against CitiMortgage Inc., claiming their attorney permanently dismissed their claims without their permission when they had agreed only to a dismissal that would allow them to refile.

  • October 09, 2026

    Pa. Justices Won't Extend Deadline For 'Skill Games' Removal

    The Pennsylvania Supreme Court has denied a request from three state lawmakers and a group of "skill games" operators to extend the deadline for businesses to remove devices that the high court recently deemed illegal slot machines.

  • October 09, 2026

    11th Circ. Orders Resentencing Under New Robbery Rule

    The Eleventh Circuit has ruled that a man convicted of robbing two auto parts stores should be resentenced because changes in the federal sentencing guidelines retroactively updated language relating to the physical restraint of a victim.

  • October 09, 2026

    DirecTV, AGs Can't See Nexstar-Tegna Benefits Yet

    A California federal magistrate judge refused to make Nexstar and Tegna explain how their $6.2 billion merger will boost local news against streaming competition and accelerate technological transition, rejecting as premature a motion to compel from DirecTV and the bipartisan coalition of state attorneys general challenging the deal.

  • October 09, 2026

    Mass. Court Hints At 2nd Look Of $165M Insurance Judgment

    Massachusetts' highest court hinted Friday that it could order a judge to show how she calculated the restitution included in a $165 million judgment against three UnitedHealth-owned companies for deceptive marketing practices.

  • October 09, 2026

    ERISA Recap: 6 Notable Decisions From September

    The Tenth and Seventh circuits issued published opinions in two union retirement disputes, while the Sixth Circuit found that the Commonwealth of Kentucky's lawsuit against pharmacy benefit managers does not belong in state court, citing colorable federal preemption arguments. Here's more on those decisions and three other notable rulings involving the Employee Retirement Income Security Act that came down in September.

Expert Analysis

  • Limiting Employer Risk If Calif. Case Upends Time Rounding

    Author Photo

    The California Supreme Court's holdings in recent years suggest that it may tighten the rules for — or even eliminate — time clock rounding when it decides Camp v. Home Depot, so employers should consider taking preemptive steps to guard against large potential liability, says Jacqueline Crispino at the Jhaveri-Weeks Firm.

  • AG Watch: Va. Auto Renewal Law Clears Enforcement Path

    Author Photo

    The most consequential aspect of recent amendments to Virginia's automatic renewal law is the enforcement authority it creates, giving the attorney general a clear statutory pathway to pursue cases involving subscription-related compliance failures under the Virginia Consumer Protection Act, says Chuck Slemp at Cozen O'Connor.

  • 4th Circ. Boeing Class Cert. Ruling May Have Limited Reach

    Author Photo

    While the Fourth Circuit's recent decision to reverse class certification against Boeing appears to potentially create a circuit split or heighten the standards for achieving class certification, that conclusion overlooks the decision's very specific circumstances, and its impact will likely be limited outside the circuit, say attorneys at Bleichmar Fonti.

  • Fed. Circ.'s Shaping Of Tech Patent Doctrine Resembles EPO's

    Author Photo

    The Federal Circuit's recent decision in Ceiva v. Amazon crystallizes an informal U.S. heuristic, "a technological solution to a technological problem," rewarding emphasis of a traceable chain from a problem to a solution — a lesson similar to the European Patent Office's "technical character" terminology, says Brandon Theiss at AddyHart.

  • Opinion

    After Monsanto, Defense Bar Must Build Case Against Lohr

    Author Photo

    The U.S. Supreme Court's recent decision in Monsanto v. Durnell has helped to demolish the foundation for its problematic 1996 ruling in Medtronic v. Lohr — so now defense counsel should lay the groundwork for the high court to overturn Lohr, say attorneys at Blank Rome.

  • Justices' FTC Ruling Weakens Qui Tam's Constitutional Base

    Author Photo

    The U.S. Supreme Court’s holding in Trump v. Slaughter, expanding presidential control over those exercising executive power, suggests that courts may be receptive to arguments challenging the constitutional foundations of the False Claims Act’s qui tam mechanism, says Daniel Passeser at Wiggin.

  • 9th Circ. Rule Block Unlikely To Deter FinCEN Cartel Focus

    Author Photo

    The Ninth Circuit recently blocked the Financial Crimes Enforcement Unit's border cash reporting rule, interpreting it as an impermissible use of an emergency anti-money laundering tool, but regulators are more likely to see the opinion as a road map for building a more defensible rule, say attorneys at Bradley Arant.

  • 5 Financial Statement Fraud Red Flags To Spot Post-Sripetch

    Author Photo

    The U.S. Supreme Court recently held in Sripetch v. U.S. Securities and Exchange Commission that disgorgement exists to strip a wrongdoer of unjust enrichment, not merely to compensate victims for what they lost, shifting the work at the center of securities fraud cases in five ways, says Rand Manasse at Green Lane Partners.

  • QVC Ch. 11 Confirmation Shows Independent Directors' Value

    Author Photo

    QVC's recently confirmed Chapter 11 plan joins a growing body of restructuring precedent demonstrating that well-functioning independent director frameworks can create the evidentiary and governance foundation necessary to resolve complex intercompany disputes, preserve value and secure judicial approval of contested transactions, say attorneys at Choate.

  • Series

    Being A Sommelier Makes Me A Better Lawyer

    Author Photo

    Being a sommelier has quietly shaped how I practice law by changing the way I think, communicate and connect with people, and offers a constant reminder that expertise is about making your knowledge useful and accessible to others, says Kara Du at Sheppard.

  • MF Doom IP Suit Highlights Hurdles For Trademark Claims

    Author Photo

    A recent lawsuit involving unauthorized merchandise bearing MF Doom's name and likeness is likely a preview of how infringement and counterfeit cases against online marketplaces will be defended going forward, shedding light on how intellectual property counsel can avoid dismissal of their claims, say Purdue Global Law School professor Scott Mortman and Southwestern Law School student Eden Burkow.

  • Calif. Drug Ruling Affirms Defect-Centric Liability Framework

    Author Photo

    The California Supreme Court's decision in Gilead Tenofovir Cases this week rejects a novel duty-to-innovate theory of negligence that could have reshaped product liability exposure well beyond the pharmaceutical industry, instead signaling that negligence claims premised on nondefective products are unlikely to succeed, say attorneys at Dechert.

  • Navigating Court Divergence On Method Claims And Venue

    Author Photo

    After the U.S. Supreme Court's recent Hikma v. Amarin decision putting a spotlight on the pleading standard for inducement, patent litigants must adapt to courts' differing approaches to how separate method steps affect the determination of patent venue validity, say attorneys at Weil.

  • AI, Prediction Markets Lead Securities Developments In 2026

    Author Photo

    Securities class actions tied to artificial intelligence and the battle over prediction market regulation both raise novel questions that courts are only beginning to address and that will continue to resonate throughout the second half of the year, say attorneys at Skadden.

  • Where Is The Line On Actionable Comms In Securities Cases?

    Author Photo

    Recent securities cases demonstrate the difficulty in discerning a clear difference between statements made in connection with the purchase or sale of securities and those that aren't, with that line more likely attributable to individualized factual situations than to any doctrinal differences of opinion between various courts, says Samuel Groner at Fried Frank.

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.