Appellate

  • August 24, 2026

    Childcare Center Late To Claim Tax Break, Minn. Justices Told

    A Minnesota childcare center failed to meet the statutory deadline for seeking a property tax exemption and was not entitled to judicial review of the tax break's denial, a county told the state Supreme Court, urging it to reverse a state tax court decision.

  • August 24, 2026

    6th Circ. Upholds Mich. City's Pride Flag Ban

    The Sixth Circuit has affirmed a district court decision letting a city near Detroit bar Pride and other non-national flags from city-owned flagpoles, ruling that Hamtramck, Michigan, lawfully converted its flagpoles into a forum for government speech when it restricted which flags could be displayed. 

  • August 24, 2026

    DirecTV Opposes Nexstar's High Court Bid In Fee Case

    DirecTV has urged the U.S. Supreme Court not to grant a petition for review in the satellite provider's case accusing Nexstar of working with two other station owners to fix retransmission fees, arguing DirecTV's past licensing deals show it has standing to sue.

  • August 24, 2026

    2nd Circ. Backs Amazon Workers After Conn. High Court Win

    The Second Circuit Monday vacated Amazon's temporary win in a wage class action, saying the Connecticut Supreme Court's more recent conclusion that state law requires compensation for employee time spent awaiting and undergoing mandatory security screenings is "squarely at odds" with a federal district judge's original decision.

  • August 24, 2026

    11th Circ. Affirms $9M Loss For Chinese Circuit Board Maker

    The Eleventh Circuit has affirmed a $9.2 million judgment for the U.S. distributor of a Chinese circuit board manufacturer after finding that the manufacturer's lawsuit did not put the distributor's U.S. affiliate on notice it was being sued for its Hong Kong-based affiliate's unpaid invoices.

  • August 24, 2026

    Rising Star: Hogan Lovells' Jo-Ann Sagar

    Jo-Ann Sagar of Hogan Lovells Cadwalader represented Danco Laboratories in the high court's abortion medication case, and helped secure a win for incarcerated people with mental illness, earning her a spot among the appellate law practitioners under age 40 honored by Law360 as Rising Stars.

  • August 24, 2026

    ATI Retirees To Appeal Toss Of Pension De-Risking Suit

    Former ATI employees will ask the Third Circuit to reopen a proposed class action alleging the aerospace company put their retirement benefits at risk by converting $1.5 billion in pension obligations to insurance-backed annuities, according to a filing in Pennsylvania federal court.

  • August 24, 2026

    DOJ Says House Dems Can't Sue Over ICE Visit Notice Rule

    The U.S. Department of Justice has urged a federal appeals court to throw out a lawsuit brought by House Democrats challenging a policy that requires seven days' notice for congressional oversight visits to immigration detention facilities.

  • August 24, 2026

    Software Co. Can't Arbitrate Conn. Judicial Branch Dispute

    A Massachusetts software company on Friday lost its bid to force the Connecticut Judicial Branch into private arbitration over claims it was not fully paid for working on a court case management system decades ago, with a panel concluding the state's waiver of sovereign immunity allowed only a Superior Court lawsuit.

  • August 24, 2026

    Paul Weiss Hires Goodwin Atty To Lead Supreme Court Team

    Paul Weiss Rifkind Wharton & Garrison LLP has tapped a Goodwin Procter partner with extensive appellate experience to lead its U.S. Supreme Court practice, the firm said Monday.

  • August 24, 2026

    10th Circ. Won't Revisit Netflix's 'Tiger King' Fair Use Win

    The Tenth Circuit will not reconsider its ruling that Netflix's use of a 66-second funeral clip in its hit "Tiger King" docuseries was fair use, leaving intact a decision that rejected copyright claims brought by the videographer who shot the video.

  • August 21, 2026

    6th Circ. Revives Freddie Mac Subprime Suit From '08 Crash

    The Sixth Circuit Friday revived a long-running securities suit brought by the Ohio Public Employees Retirement System against Freddie Mac and several of its former executives, holding that a district court erred in granting a summary judgment win for the government-backed enterprise and also denying class certification.

  • August 21, 2026

    3rd Circ. Nixes Fee Award, Allowing Lontex-Nike TM Deal

    The Third Circuit has granted clothing-maker Lontex Corp. and Nike Inc.'s joint bid to nix an attorney fees ruling after the parties reached a settlement in a lawsuit over Nike's use of the phrase "cool compression," saying this was "one of the rare cases" where a vacatur is appropriate.

  • August 21, 2026

    9th Circ. Rules Workers' Vaccine Bias Suit Must Go To Trial

    The Ninth Circuit ruled Friday that a jury must decide workers' religious-discrimination claims against the Washington Department of Fish & Wildlife, finding the lower court erred in concluding the agency accommodated the workers' religious-exemption requests from a COVID-19 vaccine mandate by offering them limited reassignment options.

  • August 21, 2026

    Split DC Circ. Nixes Damages Over Project Veritas Sting Video

    A split D.C. Circuit panel sided Friday with the founder and former CEO of conservative activist media group Project Veritas, reversing $130,000 in damages stemming from the group's sting operation on the liberal consulting firm Democracy Partners.

  • August 21, 2026

    Wash. AG Pauses OG Case As 9th Circ. Weighs Preemption

    Washington's attorney general and its gambling commissioners have agreed to hold off on enforcing the state's gambling laws against prediction market platform OG, run by the North American Derivatives Exchange, while the Ninth Circuit decides related appeals that could resolve the underlying legal dispute.

  • August 21, 2026

    9th Circ. Tosses Calif. Ghost Gun Suit Over Standing

    A Ninth Circuit panel on Friday vacated a lower court ruling that struck down part of a Bureau of Alcohol, Tobacco, Firearms and Explosives ghost gun regulation, finding California and the Giffords Law Center to Prevent Gun Violence lacked standing to sue on the grounds that the regulation did not go far enough in defining various "ghost gun" parts.

  • August 21, 2026

    Kalshi Wants Wash. Ban Axed After State 'Blessed' Competitor

    Kalshi has urged a Washington state court to reconsider a recent order blocking the company from offering event contracts to the state's residents in most of its prediction market categories, raising equitable findings concerns and pointing to Washington's recent "blessing" of event contracts offered by one of Kalshi's competitors.

  • August 21, 2026

    Divided 2nd Circ. Backs DQ Of Acting NDNY US Attorney

    The Second Circuit on Friday upheld a lower court's decision that found the acting U.S. attorney for the Northern District of New York, John Sarcone III, was unlawfully serving in his position when he obtained grand jury subpoenas of the New York attorney general's office.

  • August 21, 2026

    Colo. Appeals Panel Clarifies Destruction Of Wildlife Statute

    A Colorado Court of Appeals panel Thursday provided clarification on the state's willful destruction of wildlife statute, finding that a hunter who abandoned an animal carcass after collecting only its trophy parts without intending to return violated the law even if they returned at a later date.

  • August 21, 2026

    Trump Seeks Justices' Review Of DEI Grant Termination Case

    The Trump administration is urging the U.S. Supreme Court to review a Ninth Circuit decision requiring the federal government to reinstate research grants that were terminated due to presidential orders against diversity, equity and inclusion initiatives.

  • August 21, 2026

    Calif. Panel Creates Exception To Successive Prosecution Ban

    A California state appeals court panel has upheld the convictions of a man who illegally bought large-capacity magazines, creating a new exception to a rule barring successive prosecutions for multiple related crimes that have already resulted in judgments.

  • August 21, 2026

    Fed. Circ. Tosses Suit Over 'Misleading' Patent Language

    The Federal Circuit on Friday affirmed a lower court's dismissal of a lawsuit brought by inventor advocacy groups challenging what they called misleading language on patent covers, saying the groups had not shown a threat of future injury.

  • August 21, 2026

    Balancing The Scales: Diminished Capacity, Sentencing Rules

    The Michigan Supreme Court has overturned 25 years of state precedent by reviving the diminished capacity defense, and the justices in Pennsylvania said the Legislature is out of time to craft new sentencing guidelines for second-degree murder. Here, Law360 highlights access to justice stories arising from litigation, verdicts and judgments you may have missed.

  • August 21, 2026

    DC Circ. Voids Block On OMB Funding Freeze

    The D.C. Circuit on Friday vacated a district judge's block on the Trump administration's pause on a wide array of federal grants, loans and financial assistance, ruling that the Office of Management and Budget's rescission of the memorandum rendered the lawsuit moot.

Expert Analysis

  • Justices' Tax Sale Ruling Tees Up Auction Fairness Battles

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.

  • Flashpoints In Focus: Employer Risk After Trans Sports Ruling

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    Following the U.S. Supreme Court's recent decision in West Virginia v. B.P.J. that allowed states to limit trans women's participation in sports, schools must carefully navigate investigations and religious accommodations, as even lawful athletics policies can lead to employment claims, say attorneys at Seyfarth.

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