Appellate

  • September 07, 2026

    Missouri Asks Justices To Prevent Election 'Disaster'

    Missouri has implored the U.S. Supreme Court to stay the state high court's ruling prohibiting the use of a new congressional map drawn to help Republicans in this year's midterms and requiring the map be submitted for voter approval, claiming the decision will create an unconstitutional "disaster." 

  • September 07, 2026

    USPS Asks High Court To Allow 'Modest' Mail Ballot Rules

    The Trump administration has once again asked the U.S. Supreme Court to lift a Massachusetts federal judge's order barring the U.S. Postal Service from enforcing new mail-in ballot regulations ahead of this year's midterms, arguing the "modest" changes are well within USPS' authority and don't affect election administration. 

  • September 04, 2026

    Making Up For Lost Timepiece: FedEx Wins $250K Watch Row

    The disappearance of a $250,000 watch purchased for a major GOP donor will cost FedEx less than it charged to ship the wristwear, according to a new Eighth Circuit decision backing broad immunity for alleged negligence or theft by the delivery giant's workers.

  • September 04, 2026

    Tribes Urge ND Court To Keep Voting Map Claims Alive

    The Turtle Mountain Band of Chippewa Indians and the Spirit Lake Nation asked a federal court Friday to reject the North Dakota secretary of state's bid to throw out their claims that the state's 2021 legislative map dilutes Native American voting power.

  • September 04, 2026

    4th Circ. Tosses Conviction Over Axed Closing Argument

    The Fourth Circuit has tossed an MS-13 gang member's murder conviction, saying a judge's decision to instruct the jury to disregard his attorney's closing argument was a "prejudicial abuse of discretion."

  • September 04, 2026

    9th Circ. Tosses Conviction Over Hand Tattoo Testimony

    The Ninth Circuit has ordered a new trial for a man convicted of robbing a store in Washington, finding that he was not testifying in his own defense when he showed jurors that he had tattoos on his hand, unlike the hand of the man seen committing the robbery in security camera footage.

  • September 04, 2026

    Ohio Justices Tee Up Data Center Vote In Another City

    The Ohio Supreme Court will allow the residents of Trenton, Ohio, to vote in a special election for a proposed city charter amendment that will ban the construction of data centers in the city, which is similar to a recent Ohio high court decision that set up a potential data center vote.

  • September 04, 2026

    Fed. Circ. Backs Double Dismissals, But Dodges Preclusion

    The Federal Circuit has expressly allowed district court judges to dismiss patent cases on multiple grounds at once, but attorneys say they're left guessing how that impacts future litigation on the same patent.

  • September 04, 2026

    Divided 5th Circ. Backs Toss Of Jackson Water Suit

    A split en banc Fifth Circuit affirmed the dismissal of a lawsuit Jackson, Mississippi, residents filed over lead in city drinking water, with the majority holding that the residents asserted rights to uncontaminated water and accurate information from public officials that the U.S. Constitution doesn't grant.

  • September 04, 2026

    2nd Circ. Reopens Copyright Case Over Diamond Price List

    The Second Circuit on Friday reinstated a copyright suit brought by diamond price-listing company Rapaport USA Inc. claiming another company lifted information from Rapaport's catalog to put on its own website, agreeing that the district court shouldn't have dismissed the case before "crucial" questions were answered.

  • September 04, 2026

    4 Texas Supreme Court Oil & Gas Cases To Watch This Term

    The new term of the Texas Supreme Court initially appears light on oil and gas litigation, but Lone Star State attorneys told Law360 there are still a handful of cases that could have broad implications for the industry.

  • September 04, 2026

    3rd Circ. Preview: Penn State TM Row, NFL Agent Poaching Suit

    The Third Circuit in September is set to decide whether a print-on-demand company's collegiate apparel counts as counterfeit Penn State merchandise and if two former Philadelphia detectives can escape a $16 million judgment for a wrongfully convicted murder suspect.

  • September 04, 2026

    Ga. Appeals Court Upholds Defense Verdict In Crash Case

    The Georgia Court of Appeals will not grant a new trial to a married couple in their suit against a truck driver and his trucking company over injuries the wife sustained when a truck rear-ended her car, affirming a defense verdict in the case.

  • September 04, 2026

    Vertex Fertility Aid Plan Would Violate Kickback Law

    A D.C. Circuit panel said Friday that a proposed Vertex Pharmaceutical program that would offer gene therapy patients financial support for fertility services violates the Anti-Kickback Statute, finding the initiative could be an unlawful inducement to purchase a certain medical treatment.

  • September 04, 2026

    Fla. Panel Tosses Molestation Convictions Over Text Message

    A Florida appellate panel on Friday reversed a man's child molestation convictions, saying the trial court erred in admitting into evidence a text message from the defendant's wife describing her emotional reaction to the accusations.

  • September 04, 2026

    Injury Law Roundup: Meta's Social Media Addiction Deal

    A $17.1 billion social media addiction settlement between Meta and 29 states and Johnson & Johnson's $5.5 billion ovarian cancer deal over its talc products lead Law360's Injury Law Roundup.

  • September 04, 2026

    9th Circ. Restores Idaho Abortion Ban Enforcement, For Now

    The Ninth Circuit will allow Idaho to fully enforce its abortion ban while the state briefs its request for emergency relief from an order that blocked the ban's application in certain health-related circumstances and declared a fundamental right to some abortions under the U.S. Constitution.

  • September 04, 2026

    Ill. Panel Affirms BIPA Exemption For Home Care Provider

    An Illinois appellate court has refused to revive a biometric privacy lawsuit against home-care provider Help at Home, finding the company was exempt from a state privacy law's reach as a government contractor when it collected employees' fingerprints for a required background check.

  • September 04, 2026

    11th Circ. Rules Fla. Worker Immune From Inmate Injury Suit

    The Eleventh Circuit rejected a prisoner's suit against a St. Lucie County, Florida, employee over an injury the employee caused on a worksite, finding that there was no Eighth Amendment violation and the employee is entitled to qualified immunity.

  • September 04, 2026

    EPA Calls SD Tribe's Uranium Mine Challenge 'Flimsy'

    The U.S. Environmental Protection Agency has asked the Eighth Circuit to throw out a challenge by the Oglala Sioux Tribe and activist groups against EPA actions letting an energy technology company conduct uranium mining in the Black Hills of South Dakota.

  • September 04, 2026

    Wash. High Court Won't Review Dispensary License Fight

    The Washington Supreme Court has refused to hear an appeal from a cannabis company, ending the retailer's lawsuit claiming state regulators prevented it from opening a lucrative Seattle dispensary by failing to force a competitor's license to be forfeited due to not being fully operational.

  • September 04, 2026

    Judge Again Blocks USPS Mail Ballot Rule

    A Massachusetts federal judge late Friday again blocked the U.S. Postal Service from implementing a new rule that would allow it to refuse delivery of mailed ballots in this November's midterm elections.

  • September 04, 2026

    9th Circ. Won't Let Roblox Arbitrate Online Safety Suit

    The Ninth Circuit denied Roblox Corp.'s bid to compel arbitration in a suit by a man alleging his daughter was targeted on the platform by adult predators, saying its delay in seeking arbitration while it litigated the suit on the merits waived any right to arbitrate.

  • September 04, 2026

    Colo. Panel Says Obscenity Can Be Proved Without Viewing It

    A Colorado appeals court has upheld a woman's conviction for allowing her underage daughter to view obscene materials provided by the girl's father, finding that prosecutors in the state are not required to show the lurid materials directly to a jury to prove their case.

  • September 04, 2026

    Mo. Hotel Can't Undo $1M Dog Attack Default Judgment

    A Missouri appeals court affirmed a $1 million default judgment entered against a former hotel in a suit brought by a guest who was injured when he was attacked by another guest's dog, saying the hotel failed to establish good cause for setting aside the award.

Expert Analysis

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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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?

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    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.

  • NJ Supreme Court Ruling Exposes D&O Gaps For PE Boards

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    The New Jersey Supreme Court's recent decision in Mist Pharmaceuticals v. Berkley Insurance, barring directors and officers coverage, serves as a cautionary tale for private equity executives serving in overlapping roles at sponsor and portfolio companies, say attorneys at Reed Smith.

  • Post-Ismael Bias Cases Reinforce Familiar Employer Lessons

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    Despite the Eleventh Circuit's 2025 decision in Ismael v. Roundtree sparking concern that summary judgment could become more difficult for employers in discrimination and retaliation cases, courts continue to examine whether the employer's explanation, decision-making process and contemporaneous record tell a consistent story, say attorneys at Krevolin Horst.

  • Fed. Circ. In June: When Courts Can't Correct Patent Errors

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    The Federal Circuit's recent decision in Enanta v. Pfizer explores and clarifies the limits of what can be corrected in a patent application, even if the error is obvious, say attorneys at Knobbe Martens.

  • Challenging Detention After 5th Circ. Ends Bond Clocks

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    After the vacatur of the Fifth Circuit’s holding that the U.S. Constitution requires bond hearings for detained noncriminal noncitizens, practitioners should go back to filing habeas petitions, pending the court's en banc rehearing, says Kemal Hepsen at Mandamus Lawyers.

  • Patent Eligibility Bulletin: New USPTO Guidance And AI Risks

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    In the second quarter of 2026, the U.S. Patent and Trademark Office updated its subject matter eligibility declarations in line with its increasingly permissive patent eligibility stance, while the Federal Circuit rigorously applied the Alice framework in a decision that highlighted risks facing patent claims that utilize artificial intelligence and machine learning, say attorneys at Banner Witcoff.

  • State Of Insurance: Q2 Notes From Illinois

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    The second quarter of 2026 featured a trio of auto insurance opinions from Illinois' appellate courts, addressing a notice requirement, narrowing insurers' exposure for delayed payment of underinsured motorist claims, and creating a district split on coverage for employee-drivers under employers' policies, says Matthew Fortin at BatesCarey.

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