Appellate

  • October 05, 2026

    High Court Won't Take Up Maine Lobster Boat Tracking Suit

    The U.S. Supreme Court on Monday declined to consider a constitutional challenge to Maine's tracking of vessels that hold federal lobster permits, a policy several lobster fishermen claimed violated their privacy rights.

  • October 05, 2026

    Justices Won't Hear Corporate Transparency Act Challenges

    The U.S. Supreme Court on Monday declined to hear two cases challenging the Corporate Transparency Act, a law designed to establish a national beneficial ownership registry for law enforcement agencies investigating shell companies that was severely curtailed by the U.S. Department of the Treasury.

  • October 05, 2026

    Sullivan & Cromwell Adds Ex-SG Assistants To Lead Appellate

    Sullivan & Cromwell LLP on Monday added two partners to lead the firm's Supreme Court and appellate practice, joining from McGuireWoods LLP and Ashurst Perkins Coie to fill a gap left after the firm's former appeals head departed for Gibson Dunn & Crutcher LLP this spring.

  • October 05, 2026

    Fox Tells DC Circ. Worker Wasn't Fired Over Leave, Politics

    Fox News urged the D.C. Circuit to reject a former Capitol Hill producer's bid to revive claims that he was fired over his political views and use of sick leave, arguing he was terminated instead for insubordination and unprofessional conduct.

  • October 05, 2026

    Justices Won't Review John Doe Warrant, Trash DNA Test

    The U.S. Supreme Court on Monday declined to hear a challenge to a John Doe warrant and the warrantless collection and DNA testing of trash items used to convict a man in 2024 for the rape of a Penn State student in 1995.

  • October 05, 2026

    Justices Won't Hear Google Maps Antitrust Case

    The U.S. Supreme Court refused Monday to scrutinize a Ninth Circuit decision declining to revive a proposed antitrust class action from app makers accusing Google of locking out rival maps products.

  • October 05, 2026

    Justices Seek Trump Admin's Views In Escrow-Interest Fight

    The U.S. Supreme Court asked Monday for the Trump administration to weigh in as the justices consider taking up a set of cases challenging whether federally chartered banks are exempt from state laws requiring lenders to pay interest on homeowners' mortgage escrow accounts.

  • October 05, 2026

    Justices Won't Review Pregnancy Center Vandalism Case

    The U.S. Supreme Court on Monday said it will not review the conviction of a Florida woman for conspiring to violate a federal statute that prohibits intimidation and obstruction of people trying to access reproductive health facilities.

  • October 05, 2026

    Justices Turn Away Case Over NLRB Remedies And Review

    The U.S. Supreme Court on Monday turned away an appeal of a Third Circuit ruling involving a number of labor issues, including the National Labor Relations Board's heightened remedies and the level of deference courts owe the agency.

  • October 05, 2026

    High Court Turns Away Delta Pilots' Military Leave Bias Suit

    The U.S. Supreme Court refused Monday to hear former Delta Air Lines pilots' challenge to an Eleventh Circuit ruling that grounded their suit alleging the airline pushed them out of their jobs for taking military leave.

  • October 05, 2026

    High Court Won't Review DirecTV Standing In Nexstar Fee Suit

    The U.S. Supreme Court declined Monday to review whether DirecTV has standing to sue broadcast chain Nexstar for allegedly working with two other station owners to fix retransmission fees for broadcast programs.

  • October 05, 2026

    Justices Decline To Hear Post-Mallory Forum-Shopping Fight

    The U.S. Supreme Court on Monday declined to consider whether state business-registration laws like Pennsylvania's asserting jurisdiction over out-of-state companies for out-of-state conduct alleged by out-of-state plaintiffs are unconstitutional under the dormant commerce clause.

  • October 05, 2026

    High Court Won't Hear Chicago Workers' Vaccine Appeal

    The U.S. Supreme Court again refused Monday to weigh in on a challenge to COVID-19 vaccine and testing requirements for Chicago city workers, declining to take up the case after the Seventh Circuit refused to revive their lawsuit in December.

  • October 05, 2026

    Justices Pass On Former Air Marshal's Disability Bias Suit

    The U.S. Supreme Court declined on Monday to probe a Fourth Circuit ruling that upheld the dismissal of a former air marshal's disability bias suit, which claimed the government improperly required her to transfer positions rather than accommodate her vision issues.

  • October 05, 2026

    Supreme Court Won't Hear Tribal Card Check Order Challenge

    The U.S. Supreme Court on Monday denied a Native American tribe's challenge to an arbitrator's decision requiring it to follow election rules in an agreement with a UNITE HERE local that the tribe said violated tribal law.

  • October 05, 2026

    Justices Let Uber's Win Stand In Fatal Florida Crash Suit

    The U.S. Supreme Court declined on Monday to hear a wrongful death suit over an accident that killed an Uber driver's ex-girlfriend, leaving in place a ruling that said the ride-sharing app could not be held liable because the driver was not logged into the app at the time of the crash.

  • October 05, 2026

    Supreme Court Won't Rethink Trucking Co. Bargaining Order

    The U.S. Supreme Court on Monday rejected a trucking company's bid to reverse a National Labor Relations Board order requiring it to bargain with a union, leaving in place a Fourth Circuit decision that found the order was supported by substantial evidence.

  • October 05, 2026

    Justices Seek Solicitor General's Views On Tribal River Claims

    The U.S. Supreme Court on Monday sought the solicitor general's views on whether Washington tribes can pursue damages against a Canadian mining company for alleged pollution to the Columbia River.

  • October 05, 2026

    Justices Won't Wade Into Netflix ERISA Document Fight

    The U.S. Supreme Court refused Monday to take up a Netflix employee health plan participant's challenge to a Ninth Circuit ruling that said contracts between Netflix and its health plan administrators weren't subject to disclosure under federal benefits law.

  • October 05, 2026

    High Court Won't Hear Tribe's $208M Breach Of Trust Dispute

    The U.S. Supreme Court declined Monday to hear a Nevada tribe's bid to revive $208 million in breach of trust claims against the federal government, leaving intact a Federal Circuit ruling the tribe said will reduce their homelands to "useless sand without water."

  • October 05, 2026

    Justices Pass On Challenge To New York Diet Pill Law

    The U.S. Supreme Court won't take up a First Amendment challenge to a New York prohibition on the sale of weight-loss and muscle-building supplements to minors.

  • October 05, 2026

    High Court Won't Hear Madoff Feeder Funds' Clawback Appeal

    The U.S. Supreme Court on Monday denied certiorari to a group of feeder funds that invested in the Ponzi scheme of Bernard L. Madoff, which sought to challenge a Second Circuit ruling that found their $6 billion in clawback claims were barred by a securities safe harbor of the bankruptcy code.

  • October 05, 2026

    Cop Fired After Posting Rap Videos Can't Get High Court's Ear

    The U.S. Supreme Court refused Monday to review a Black police officer's lawsuit claiming he was unlawfully fired after posting homemade rap videos online, declining his invitation to revisit a landmark 1973 ruling on evidentiary standards in bias cases.

  • October 05, 2026

    Justices Won't Hear Minn. Indian Child Welfare Act Case

    The U.S. Supreme Court declined Monday to hear two foster parents' challenge to the Indian Child Welfare Act after the Minnesota Supreme Court determined they don't have standing to take on the bedrock law on claims of constitutional equal protection rights.

  • October 05, 2026

    Supreme Court Won't Take Up DOD Workers' Vax Bias Suit

    The U.S. Supreme Court refused Monday to review a suit alleging the U.S. Department of Defense unlawfully refused religious requests for exemptions from COVID-19 prevention protocols, leaving in place a Fifth Circuit ruling that workers hadn't tied their beliefs to masking and testing policies.

Expert Analysis

  • What's Next After Justices' Last-Mile Driver Arbitration Ruling

    Author Photo

    The U.S. Supreme Court's recent decision in Flowers Foods v. Brock, refusing to narrow the scope of a Federal Arbitration Act exemption for workers engaged in interstate commerce, gives previously unprotected workers access to litigation, but preserves two potentially powerful arguments for future proceedings, say attorneys at Husch Blackwell.

  • Series

    The Biz Court Digest: Shoring Up Corporate Law In Maryland

    Author Photo

    Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

  • How End Of SEC 'Gag Rule' Affects Free Speech Certiorari Bid

    Author Photo

    The Securities and Exchange Commission's recent rescission of the so-called gag rule, which forbade defendants in settlements from denying the SEC’s allegations, may sway the outcome of a petition to the Supreme Court in a case challenging the rule on First Amendment grounds, say attorneys at Troutman.

  • 2nd Circ.'s Embedded Video Ruling May Protect Publishers

    Author Photo

    The Second Circuit's recent decision in Richardson v. Townsquare, dismissing an infringement claim arising from an embedding of a YouTube-hosted interview, reaffirms a potent defense for publishers who regularly use social media platforms' embed functionality, says Amanda Harris at Jassy Vick.

  • Federal Officer Removal After Justices' La. Pollution Ruling

    Author Photo

    In the wake of the U.S. Supreme Court's recent ruling in Chevron USA v. Plaquemines Parish, companies seeking to use federal officer removal to move litigation out of state court should ask three questions, focusing on government contract language, federally directed activity and related conduct, say attorneys at Hollingsworth.

  • Series

    Competing At Poker Makes Me A Better Lawyer

    Author Photo

    Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

  • Revisiting TransUnion's Underused Standing Rule, 5 Years On

    Author Photo

    The Ninth Circuit Court of Appeals' recent use of the U.S. Supreme Court’s now five-year-old TransUnion v. Ramirez rule specifying that the "mere risk of future harm" isn't concrete enough to support a damages claim presents an opportunity to revisit this underutilized standing rule, say attorneys at Horvitz & Levy.

  • 5 Things Associates Must Ask About Their Firm's Merger Plan

    Author Photo

    The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

  • Uncertainty Looms After Justices' Withdrawal Liability Ruling

    Author Photo

    The U.S. Supreme Court's recent holding in M&K Employee Solutions v. Trustees of the IAM National Pension Fund increases the unpredictability of withdrawal liability assessments, so employers should prepare for a range of assessments and be equipped to challenge unreasonable ones, say attorneys at Winston Taylor.

  • CFTC Trading Rule Can't Police Prediction Markets Yet

    Author Photo

    The Commodity Futures Trading Commission’s recent efforts to police insider trading in prediction markets through a post-Dodd-Frank anti-fraud rule exposes doctrinal gaps around misappropriation theory, leaving platforms to fill the void with win-rate-based surveillance, says attorney Tamara de Silva.

  • Columbia Software IP Ruling Tests Royalty Damages Model

    Author Photo

    The Federal Circuit's recent decision in Columbia University v. Gen Digital, vacating a damages verdict involving foreign software sales, provides guidance on ambiguities surrounding the worldwide royalty damages model established by the court's decision in Brumfield v. IBG two years ago, say attorneys at Munger Tolles.

  • Turning To The Courts When PBM Reform Falls Short

    Author Photo

    The effectiveness of state laws intended to regulate pharmacy benefit managers remains uncertain, but litigation — utilizing tried-and-true theories like breach of contract and fair dealing — offers another mechanism through which stakeholders may seek relief from PBMs, say attorneys at Reed Smith.

  • Opinion

    Immigration Appeals Rule Would Prevent Meaningful Review

    Author Photo

    Justice Stephen Breyer’s book “Making Our Democracy Work” offers a useful lens through which to consider what is at stake for the Executive Office for Immigration Review's legitimacy as the government asks the D.C. Circuit to revive an interim final rule that would have fast-tracked decisions by Board of Immigration Appeals, says Tara Kennedy at Kennedy Law.

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

    Author Photo

    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

    Author Photo

    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.

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.