Appellate

  • August 26, 2026

    Fed. Circ. Brings Back Telecom Patent Challenged By Cisco

    The Federal Circuit on Wednesday restored a patent that the Patent Trial and Appeal Board found invalid after Cisco Systems Inc. challenged it, disagreeing with the claim construction the board adopted.

  • August 26, 2026

    Ga. Judge Voids $6M Life Insurance Policy As Illegal Wager

    A Georgia federal court found a $6 million life insurance policy amounted to an illegal wager and voided the contract, striking down a wealth management company's suit that challenged an insurance business' decision to renege on the policy.

  • August 26, 2026

    2nd Circ. Says Shield Law Covers Doctor In COVID Death Suit

    The Second Circuit on Wednesday affirmed the dismissal of a Connecticut estate's malpractice suit alleging a doctor negligently prescribed high doses of prednisone to an elderly COVID-19 patient who subsequently died of organ failure, finding the suit is barred under the Public Readiness and Emergency Preparedness Act.

  • August 26, 2026

    Creek Nation Refutes Tulsa DA's Stance On State Crime Cases

    The Muscogee (Creek) Nation has told the Tenth Circuit that Oklahoma's Tulsa County district attorney gets it wrong in stating that he has the authority to prosecute nonmember Native Americans for nonmajor crimes committed on the federally recognized tribe's reservation.

  • August 26, 2026

    Miami Politicians Must Face Ex-Top Cop's 1st Amendment Suit

    Three former Miami city commissioners aren't shielded by the doctrine of qualified immunity from a fired police chief's First Amendment lawsuit, but the former city manager is, the Eleventh Circuit ruled Wednesday, saying the manager didn't know he risked violating the Constitution by suspending the chief before the firing.

  • August 26, 2026

    DC Circuit Upholds Approval Of La. LNG Terminal, Pipeline

    The D.C. Circuit on Tuesday rejected a challenge to the Federal Energy Regulatory Commission's approval of a $10 billion liquefied natural gas terminal and pipeline in Louisiana, denying petitions from environmentalists saying the commission had unjustifiably dismissed threats to the climate stemming from the project.

  • August 26, 2026

    5th Circ. Won't Reopen Apex's SEC Deal For Better Terms

    The Fifth Circuit has denied Apex Clearing Corp.'s petition to revisit its settlement agreement with the U.S. Securities and Exchange Commission over the clearinghouse's purported failure to keep records of off-channel communications, finding that other firms receiving more favorable settlement terms later on was not grounds for modification.

  • August 26, 2026

    Ill. Aid-Fixing Trial Delayed As 7th Circ. Review Proceeds

    Students and several elite private universities will have to postpone their trial over an alleged financial aid fixing scheme while the Seventh Circuit reviews expert-related findings that have allowed the case to proceed as a class action, an Illinois federal judge said Wednesday.

  • August 26, 2026

    5th Circ. Revives Bank's Bid For Ponzi Proceeds

    A Washington bank will get another shot at proving it is owed more than the $2.5 million it was awarded as a Ponzi scheme victim, with the Fifth Circuit ruling a lower court didn't grant the bank due process in approving a report from the receiver handling reimbursement.

  • August 26, 2026

    Fed. Circ. Backs Expanded Duties On Chinese Canvas Imports

    Imports of a type of rolled canvas from China are subject to a duty order on certain artist canvases, a Federal Circuit panel affirmed Wednesday, rejecting an importer's claim that the coating on its products didn't promote the "adherence" of ink in the same way.

  • August 26, 2026

    Fla. Panel Lets Law Firm Appeal Bid For Doc's Income Files

    Florida's Third District Court of Appeal on Wednesday granted a petition for a writ of certiorari to the Law Offices of Adorno-Cunill & Damas PL in a malpractice case brought against it resulting from a divorce proceeding.

  • August 26, 2026

    7th Circ. Holds High Court Ruling Supports Ark. PBM Rule

    The Seventh Circuit refused Wednesday to revive a union fund's challenge to an Arkansas rule making health plans disclose pharmacy compensation and pay fees, backing a lower court's holding that the rule was in line with a 2020 U.S. Supreme Court ruling that permitted state cost regulations on pharmacy benefit managers.

  • August 26, 2026

    Ohio Justices Say Guilty Plea Needn't Be Fully Explained

    The Ohio Supreme Court on Wednesday ruled courts can presume a criminal defendant understands pleading guilty means a complete admission of guilt, even if the judge does not explicitly tell the defendant so, unless the defendant asserts his actual innocence.

  • August 26, 2026

    Samsung, Apple Warn Against Google Payment Ban

    Samsung and Apple told the D.C. Circuit that they are backing the district court's decision to reject a proposed ban on Google's payments to device distributors, with Samsung saying the ban would deprive it of the revenue it needs to help fund research and development in its mobile business unit and Apple saying it would only benefit Google at the expense of customers and third parties. 

  • August 26, 2026

    Mich. Appeals Court Upholds Probate Judge Candidate DQ

    A candidate hopeful for Wayne Probate Court judge will not appear on the ballot in November after a Michigan Court of Appeals panel on Tuesday affirmed a lower court's decision that her nominating petitions did not have enough signatures to garner her certification.

  • August 26, 2026

    Apple Seeks Win In Biometric Privacy Case, Citing 7th Circ.

    A recent Seventh Circuit decision affirming Samsung's win in a biometric privacy suit means Apple should prevail over similar claims, the tech giant has told an Illinois federal judge, arguing for summary judgment in a class action alleging that Apple's Photos app collects users' faceprints without permission.

  • August 26, 2026

    Trucking Groups Urge Full 5th Circ. To Mull Penske Liability

    Trucking industry groups contend the Fifth Circuit unjustifiably expanded liability for upstream motor carriers when it recently held that trucking services giant Penske Logistics LLC could be held vicariously liable for a fatal 2018 Texas collision caused by a motor carrier that Penske knew nothing about.

  • August 26, 2026

    Translation Co. Wants Quick Appeal Of PAGA Timing Ruling

    A translation services company asked a California federal judge to let it immediately appeal a ruling that kept alive a former worker's Private Attorneys General Act claim based on an alleged wage-statement violation, saying the dispute presents a novel question over when such claims accrue.

  • August 26, 2026

    Feds Urge 6th Circ. To Affirm $100M DTE Clean Air Act Penalty

    Several DTE Energy Co. entities should not be allowed to escape a $100 million civil penalty a Michigan federal judge imposed for Clean Air Act violations at a coke production facility near Detroit, the U.S. Department of Justice has told the Sixth Circuit.

  • August 26, 2026

    Prosecutors Say Goldstein Must Stay Behind Bars

    Federal prosecutors told the Fourth Circuit on Tuesday to keep convicted Supreme Court attorney Thomas Goldstein behind bars while he appeals his conviction, arguing that he remains a serious flight risk with wealthy overseas connections and "an ongoing danger" whose tax crimes continued "even after conviction."

  • August 26, 2026

    10th Circ. Says Missing Testimony Didn't Violate Rights

    The Tenth Circuit on Tuesday affirmed an Oklahoma man's murder and firearm convictions, concluding that allowing jurors to hear a missing witness's prior testimony did not violate his Sixth Amendment confrontation rights because the government made reasonable, good-faith efforts to find the witness.

  • August 26, 2026

    Fla. Firm Must Face Fiduciary Breach Suit Over Property Deal

    A Florida state appeals court on Wednesday reversed an order dismissing a lawsuit brought by a property company alleging that Hoffman Larin & Agnetti PA and one of its attorneys aided and abetted a breach of fiduciary duty while representing a third party claiming an interest in a property owned by the company.

  • August 26, 2026

    BIA Says Final Removal Order Limits Immigrant Custody Review

    The Board of Immigration Appeals said Tuesday that an immigration judge erred in ordering the release on bond of a noncitizen subject to a final removal order after the government continued to detain her, finding the judge lacked jurisdiction.

  • August 26, 2026

    Rising Star: Davis Polk's Masha Hansford

    Masha G. Hansford scored a U.S. Supreme Court victory centering on disparate bankruptcy fees and argued a complicated case involving Venezuelan bonds at the Second Circuit, earning her a spot among the appellate law practitioners under age 40 honored by Law360 as Rising Stars.

  • August 26, 2026

    3rd Circ. Says McIver Lacks Immunity In ICE Assault Case

    A panel of Third Circuit judges on Wednesday rejected claims from Rep. LaMonica McIver, D-N.J., that her congressional role protects her against criminal charges alleging she forcibly interfered with and obstructed federal officers at an immigration detention facility.

Expert Analysis

  • Fed. Circ. Ruling Highlights The Cost Of Incorrect Inventorship

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    The Federal Circuit's recent decision in Fortress Iron v. Digger Specialties, affirming that a fencing company's patents were invalid due to a missing co-inventor, is a reminder that confirming correct inventorship should be a critical part of every patent invalidity workup, say attorneys at Neal Gerber.

  • Future Of Fed Independence Shaky After Justices' Ruling

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    The U.S. Supreme Court's recent ruling in Trump v. Cook preserved the Federal Reserve's formal independence but could invite the president to remove board members with just modest protections, leaving the central bank's autonomy uncertain and potentially setting up fresh clashes over other agencies, says Steven Schwinn at the University of Chicago.

  • Series

    Mich. Banking Brief: All The Notable Legal Updates In Q2

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    The second quarter brought several notable financial services law developments to Michigan, including a U.S. Supreme Court ruling on state tax foreclosures, progress on a money transmission modernization bill package, and continued legislative momentum on cryptocurrency and mortgage lending, say attorneys at Dykema.

  • Justices' Ruling Alters Playing Field For State Subpoena Suits

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    The U.S. Supreme Court’s decision in First Choice Women’s Resource Centers v. Davenport will spark more federal court challenges to state subpoenas, but procedural defenses will block some merits decisions, so plaintiffs must carefully time and manage parallel federal and state proceedings, say attorneys at Troutman.

  • Looking At Drake's Diss Track Appeal Through An IP Lens

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    Though Drake's pending Second Circuit appeal over UMG's promotion of Kendrick Lamar's "Not Like Us" is formally about defamation, it shows that IP considerations can help identify records showing how a work traveled, which may guide courts when deciding context, says attorney Abdul Abdullahi.

  • Series

    Bass Fishing Makes Me A Better Lawyer

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    Landing a trophy striped bass and closing a big deal both require cultivating the patience to finesse — not force — your way to desired outcomes, changing course when your old approach isn’t working and learning from the ones that got away, says Jon Ruiss at Alston & Bird.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q2

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    The year's second quarter brought several notable banking law developments to New York, including a proposal to align state stablecoin rules with the federal Genius Act, fresh fair lending and cybersecurity guidance from state regulators, and a significant Second Circuit holding on preemption, say attorneys at Ashurst Perkins Coie.

  • PacifiCorp Ruling Shows Limits Of Aggregate Wildfire Loss Models

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    An Oregon appeals court's recent decision in James v. PacifiCorp illustrates that in litigation involving multiple wildfires, materially different causation theories, and evidence tied to particular fires and locations, a single undifferentiated damages model is vulnerable to attack, say Paige Van Oosten and Jason Kim at Hunton and Kevin Cahill at FTI Consulting.

  • Roundup

    The Most Talked-About Supreme Court Decisions Of 2026

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    This term, 11 U.S. Supreme Court decisions quickly became hot topics among Law360's guest writers.

  • A New Defense For Medicaid Fraud Cases In Texas

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    The Texas Supreme Court decision in LabCorp v. Texas last month, finding that the state's False Claims Act requires proof that an omission is material, is among the first to establish that the government's lack of reaction to the defendant's disclosures rendered alleged omissions immaterial, say attorneys at Sheppard.

  • Fighting The Evidentiary Risks Of Deepfakes In Court

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    Though courts and federal rules are only slowly developing frameworks for assessing digital evidence that could have been created or generated by artificial intelligence, litigators should understand what steps they'll likely need to take to successfully challenge potentially deepfaked exhibits — and fight questions about the authenticity of their own, say attorneys at MoFo.

  • Justices' Cuba Ruling Narrowly Recasts Sovereign Immunity

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    The U.S. Supreme Court recently allowed Exxon Mobil's bid for $1 billion in damages for Cuban-seized property to proceed, but the ruling's doctrinal significance is in treating the Helms-Burton Act as a later, specific and self-contained statutory displacement of the default jurisdictional immunity regime, says Josep Galvez at 4-5 Gray's Inn.

  • 'Tiger King' Funeral Clip Ruling Offers Fair Use Road Map

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    The Tenth Circuit's decision in Whyte Monkee v. Netflix that the streaming service's use of another party's funeral footage in the docuseries "Tiger King" constituted fair use lays out a framework for producers to apply the four statutory fair use factors to their own projects, says Frank D’Angelo at Loeb & Loeb.

  • Justices Stand On Statutory Specifics In Cisco And Landor

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    With its June 23 decisions in Cisco Systems Inc. v. Doe and Landor v. Louisiana Department of Corrections and Public Safety, the U.S. Supreme Court doubled down on the critical point that the statute invoked in a federal claim must authorize a private lawsuit and the remedy sought, says Patrick Judd at Phelps Dunbar.

  • Justices' Concurrences Foretell Fault Line On Appeal Waivers

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    The U.S. Supreme Court recently ruled 8-1 in Hunter v. U.S. that appeal waivers that produce a miscarriage of justice are unenforceable, but the decision's concurrences indicate future divisions over whether this exception will be used as a rare safety valve or to police ordinary but troubling plea errors, say attorneys at RJO.

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