Appellate

  • October 19, 2026

    Justices Decline To Consider Police Raid Takings Circuit Split

    The U.S. Supreme Court declined Monday to review a pair of cases that ask whether there is a police power exemption to the Fifth Amendment's takings clause, a question that has fractured the lower courts.

  • October 16, 2026

    2nd Circ. Denies Rehearing In Tylenol Autism Suits

    The Second Circuit on Friday denied a bid by Tylenol maker Kenvue and several retailers to reconsider its ruling that a district court improperly excluded expert testimony for plaintiffs who claim prenatal exposure to the over-the-counter pain reliever causes autism and ADHD.

  • October 16, 2026

    Texas Court Tosses $60M Security Guard Scuffle Verdict

    A Texas appeals court Friday tossed a roughly $60 million verdict and castigated the trial court for creating a record "rife with error" after the lower court wrongly included several corporate entities in a judgment relating to a scuffle between a security guard and a patron.

  • October 16, 2026

    Fla. High Court Says 'COVID Brain' Can't Excuse Atty Blunder

    The Florida Supreme Court found an attorney guilty of misconduct over his lack of candor when questioned about an interaction with his own witness in a paternity trial, saying there's no way "COVID brain" caused him to violate a sequestration rule and lie to a judge. 

  • October 16, 2026

    Texas Court Revives REIT's Claims Over Short Seller Article

    A Texas appellate court has partially revived a suit by a farmland-centered real estate investment trust against a Texas hedge fund that allegedly helped pen a defamatory article while short selling the REIT, saying the REIT pled valid business disparagement claims.

  • October 16, 2026

    Wash. Justices Void Vague Release Term For Sex Offender

    The Washington Supreme Court has reversed a convicted child molester's community custody condition that he not possess or access "sexually exploitive materials" because the term is not clearly defined in state law, and could potentially mean many things.

  • October 16, 2026

    NORML Urges 6th Circ. To Reconsider Pot Illegality Ruling

    The National Organization for the Reform of Marijuana Laws, a leading cannabis consumer advocate, is urging the Sixth Circuit to rehear its decision throwing out a $31.8 million jury verdict for a Michigan marijuana grower, arguing federal illegality should not categorically bar contract damages against a cannabis purchaser that breached a supply deal.

  • October 16, 2026

    5th Circ. Revives Snapper Switch Suit Against Upscale Resto

    The Fifth Circuit Friday revived a proposed class action that accused a historic fine-dining Mississippi restaurant of scheming to sell inexpensive foreign fish while pricing them as more expensive premium local fish, saying in a published opinion that a diner plausibly alleged the fish mislabeling was "widespread and routine."

  • October 16, 2026

    DC Circ. Questions Trump Records Ownership Claim

    Judges on the D.C. Circuit hounded a Trump administration attorney over the White House's attempt to do away with the Presidential Records Act on Friday, as they searched to find the limit on the president's authority over his own work documents.

  • October 16, 2026

    Whataburger Can't Arbitrate Ex-Worker's Sex Assault Suit

    A Texas appellate court has declined to send a former Whataburger employee's lawsuit to arbitration, finding that the allegations of unwanted sexual touching trigger a federal law that bars arbitration of sexual assault and sexual harassment claims.

  • October 16, 2026

    8th Circ. Upholds Denial of Gambian Man's Asylum Bid

    The Eighth Circuit denied a Gambian man's bid for asylum, saying there was no evidence in the record showing that the current administration in The Gambia would subject him to persecution for his criticisms of a past government.

  • October 16, 2026

    4th Circ. Says Religious Org. Can't Invoke Bias Law Carveout

    A split Fourth Circuit panel refused Friday to disturb a trial court's ruling that a religious humanitarian nonprofit violated discrimination laws by nixing health insurance coverage for a gay employee's husband, saying the employer was pushing for "nearly unbounded immunity."

  • October 16, 2026

    10th Circ. OKs EPA's Okla. Indian Country Programs Approval

    The Tenth Circuit rejected a Native American tribe's challenge to the U.S. Environmental Protection Agency's decision to approve Oklahoma's request to extend the state's administration of federal environmental regulatory programs to Indian Country, ruling Friday that a provision of a 2005 transportation bill controls the outcome.

  • October 16, 2026

    9th Circ. Decertifies Tesla 'Full Self-Driving' False Ad Classes

    The Ninth Circuit on Friday decertified a class action alleging Tesla deceived consumers into believing that its cars could fully drive themselves, saying there's no proof that all class members saw the same purportedly false statement on Tesla's website about its cars' hardware.

  • October 16, 2026

    FCC Eyes 'All Options' As 5th Circ. Orders Subsidy Fee Redo

    The Federal Communications Commission said Friday it was exploring all options for managing the $9 billion Universal Service Fund after a Fifth Circuit panel ruled the FCC lacked authority to create the funds' private oversight company.

  • October 16, 2026

    6th Circ. Backs Insurers In $6.3M Crypto Fire Loss Suit

    The Sixth Circuit has affirmed the dismissal of two cryptocurrency mining companies' claims that Travelers Insurance Co. and Northfield Insurance Co. exacerbated their building's fire loss through the claim handling process, finding the mining companies failed to allege the insurance companies owed them a duty of care outside contractual obligations.

  • October 16, 2026

    Texas Justices OK Arbitration In Trampoline Park Injury Suit

    The Texas Supreme Court ruled Friday that an Urban Air trampoline park and related entities can compel arbitration of a minor's injury claims, saying the language in the arbitration agreement signed by the child's mother expressly covers "protected parties" such as the entities.

  • October 16, 2026

    Balancing The Scales: Criminal Appeals, Sentencing Rules

    The Second Circuit has been ordered to take another look at a murder-for-hire conviction in light of the high court's new miscarriage-of-justice exception for criminal appeal waivers, and the top courts in Pennsylvania and Michigan will look at the retroactivity of new sentencing rules. Here, Law360 highlights access to justice stories arising from litigation, verdicts and judgments you may have missed.

  • October 16, 2026

    Fed. Circ. Stands By Double Denials, SpaceTime3D PTAB Loss

    The Federal Circuit declined Friday to rehear two cases decided in August, one where an e-commerce patent owner was looking for the security to assert its patent in future litigation, and the other where SpaceTime3D was trying to revive patents cut down by Apple and Google.

  • October 16, 2026

    US Inventor Presses Justices To Hear $2.6B Centripetal Case

    US Inventor Inc. has urged the U.S. Supreme Court to revive Centripetal Networks LLC's patent infringement case against Cisco Systems Inc., arguing that a lower court that wiped out a $2.6 billion judgment had wrongly denied Centripetal the chance to respond to new claim construction.

  • October 16, 2026

    Del. High Court Backs Gard In Litigation Funding Fight

    The Delaware Supreme Court has upheld a Chancery Court ruling rejecting claims that hedge fund manager Casey Gard and affiliates improperly shifted a litigation-finance business away from a company he co-owned with attorney Brett K. Findler, ending Findler's challenge to liability findings from a closely watched business breakup.

  • October 16, 2026

    Could A Criminal Sentencing Case Upend Loper Bright?

    U.S. Supreme Court Justice Neil Gorsuch is concerned that a ruling instructing trial courts to defer to the U.S. Sentencing Commission's interpretation of federal sentencing guidelines could blow a "pretty big hole" in the court's recent rejection of deference doctrines. His colleagues, however, don't appear as perturbed.

  • October 16, 2026

    Mass. Court Adds Knowledge Prong To Gun Charge

    Prosecutors must prove that a defendant found with a licensed firearm while intoxicated knew it was loaded in order to secure a conviction under a state law prohibiting such conduct, Massachusetts' intermediate-level appellate court said Friday in vacating a conviction.

  • October 16, 2026

    9th Circ. Won't Rethink $2B Devas Arbitral Award Confirmation

    The Ninth Circuit said Friday it will not disturb a unanimous three-judge panel's decision to enforce a $2 billion arbitral award issued to a satellite communications company, rejecting the award debtor's petition for a rehearing by the full court.

  • October 16, 2026

    Justices Told Siemens Chip Patent Win Shows Fed. Circ. Split

    The owner of a set of patents covering computer chip design wants the U.S. Supreme Court to look at an alleged internal split within the Federal Circuit of how it looks at whether patents are eligible under the high court's Alice test.

Expert Analysis

  • Fed. Circ. In July: Meeting The Enablement Requirement

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    The Federal Circuit's decision in Wyeth v. AstraZeneca last month exemplifies when a generalized conception of an invention is insufficient to enable the full scope of asserted patent infringement claims, and may lead to more enablement challenges, say attorneys at Knobbe Martens.

  • Calif. Ruling Opens Del. Cos. Up To Stockholder Inspection

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    A California appellate court's recent decision in Salamon v. Orchid Global underscores that despite last year's amendments to the Delaware General Corporation Law, Delaware companies with principal operations in California remain subject to California's broader and more stockholder-protective inspection regime, say attorneys at Sheppard.

  • What 9th Circ. Devas Ruling Means For AI Infrastructure Deals

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    The Ninth Circuit's recent confirmation of a $2 billion arbitration award in Devas Multimedia's arbitration against a state-owned commercial arm of India’s space agency creates a cross-border enforcement road map for disputes that are bound to arise from the current generation of artificial intelligence infrastructure deals, says Fernanda Merouco at Davis Wright.

  • 9th Circ. Wage Ruling Shows Arbitration Pacts Are Still Useful

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    After years of uncertainty for California employers, the Ninth Circuit’s recent Cocom v. ABM Aviation decision signals that workplace arbitration agreements remain a powerful and enforceable tool — if thoughtfully drafted and employment-focused, says Benjamin Runge at Thompson Coburn.

  • Series

    Taekwondo Makes Me A Better Lawyer

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    Taekwondo has taught me to recognize when to fight for a position and when to focus on finding a solution, and that the best outcomes are often achieved by solving problems — all of which has improved my work as a bankruptcy lawyer, mediator and Subchapter V trustee, says Amy Denton Mayer at Berger Singerman.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses seven recent rulings from cases involving Class Action Fairness Act jurisdiction, appellate jurisdiction, attorney fees and employment rights.

  • 3rd Circ. Hotel Ruling Flags Key Issues In Dynamic Pricing

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    The Third Circuit's recent decision in Cornish-Adebiyi v. Caesars Entertainment relies on allegations that competitors used nonpublic data to set real-time rates considered exorbitant, highlighting both the potential risks and substantial benefits of utilizing emerging technologies, say attorneys at Baker McKenzie.

  • 4th Circ. Class Cert. Ruling Offers Tips For Damages Experts

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    The Fourth Circuit's recent decision reversing class certification in litigation against Boeing raises the cost of a bare-bones damages model proposal for plaintiffs, but it also clarifies what a defensible proposal should contain, say Alok Khare and Erica Rose at FTI Consulting.

  • Opinion

    'Plain Meaning' Requires Plainer Meaning In IP Litigation

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    The Federal Circuit's recent decision in Socket Solutions v. Import Global highlights the frequent ambiguity surrounding courts' references to "plain meaning" in patent claim construction — an ambiguity that should be resolved by courts, not litigants, say attorneys at Klarquist Sparkman.

  • What To Know As Legal Duty To Consider AI Takes Shape

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    While the U.K. Jurisdiction Taskforce’s recent statement on liability for artificial intelligence harms is nonbinding for both U.K. and U.S. lawyers, it highlights the importance of being able to distinguish between the availability of a tool and a professional obligation to use it, say Jonny Frank and Michael Costa at StoneTurn.

  • Patent Ruling Shows Concrete Tech Solution Key To Eligibility

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    The Federal Circuit’s recent Ceiva Opco v. Amazon.com decision offers an important reminder that software-related inventions can remain patent eligible when they claim a concrete technological solution to a specific problem, says Irah Donner at Manatt.

  • Appellate Vape Rulings May Expand State Regulation Powers

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    Two recent federal appeals courts decisions rejecting Federal Food, Drug and Cosmetic Act preemption challenges to state electronic nicotine delivery systems directory laws signal an emerging appellate consensus that could significantly expand states' power to regulate vaping product sales where federal enforcement falls short, say attorneys at Troutman.

  • How Solar Fraud Case Affects Lender Oversight Of Dealers

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    The U.S. Supreme Court's refusal to review the Third Circuit's ruling in Migliore v. Sunlight Financial means that residential solar finance companies are protected from vicarious liability for deceptive acts by independent solar dealers — but lenders must still take steps to guard against dealer misconduct, says Rand Manasse at Green Lane Partners.

  • Fed. Circ. Rulings Emphasize Adjudicative Access And Review

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    Decisions from the Federal Circuit's 2026 docket indicate that the court is increasingly paying attention to whether tribunals possess authority to act, meaning practitioners will need to properly address procedural hurdles before they can argue the merits of a case, say attorneys at Reichman Jorgensen.

  • Amazon v. Perplexity Ruling Limits CFAA Reach Over AI Tools

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    The Ninth Circuit's recent decision in Amazon v. Perplexity provides important early guidance on how the Computer Fraud and Abuse Act applies to agentic artificial intelligence, and is the latest in a line of rulings in which courts have declined to stretch existing statutes to broadly regulate AI, say attorneys at Ropes & Gray.

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