Appellate

  • July 15, 2026

    2nd Circ. Revives NY Provider's BCBS Underpayment Suit

    The Second Circuit on Wednesday revived a New York healthcare provider's suit accusing out-of-state Blue Cross Blue Shield licensees of underpaying insurance claims, saying the carriers' long-standing business relationship with a New York licensee to obtain preferential prices in the state supports jurisdiction there.

  • July 15, 2026

    9th Circ. Revives PPP Fraud Suit Against Calif. Mortgage Co.

    The Ninth Circuit Wednesday revived whistleblower entity Relator LLC's lawsuit accusing a California mortgage lender and its founder of making false statements in a federal loan application, saying in a published opinion that information backing Relator's allegations was not already publicly available so as to bar its claims.

  • July 15, 2026

    Trump Swiftly Fires Court-Appointed Seattle US Atty

    Almost immediately after being sworn in as Seattle's new U.S. attorney Wednesday morning, former King County Superior Court judge and federal prosecutor Roger Rogoff was fired by President Donald Trump.

  • July 15, 2026

    CIT Judge Says Order Incoming For Next Tariff Refund Phase

    The U.S. Court of International Trade judge overseeing U.S. Customs and Border Protection's development of a duty refund system for tariffs struck down by the U.S. Supreme Court forecast new directions for the government as it prepares another phase of its tariff refund system, according to an order published Wednesday.

  • July 15, 2026

    Pa. Panel Backs Benefits For Giant Eagle Worker Hit By Car

    A Pittsburgh pharmacy technician can get workers' compensation after she was hit by a car during her 15-minute lunch break, since the break was limited enough to fall under the "personal comfort doctrine" in state law, a divided appellate court ruled Wednesday.

  • July 15, 2026

    NC Panel Nixes Nurse Noncompetes For Being 'Too Broad'

    A medical clinic provider couldn't convince a North Carolina state appeals court to overturn a ruling that noncompete agreements for two former nurses were unenforceable, after a split panel ruled Wednesday that the terms were overly broad and voidable under public policy.

  • July 15, 2026

    NJ Justices Rule Fraud Law Applies To Insurance Brokers 

    Insurance brokers, producers and agents are not exempt from the Consumer Fraud Act under an exception for semiprofessionals, the New Jersey Supreme Court held Wednesday, reviving a neurosurgeon's allegation his insurance broker negligently failed to obtain sufficient disability insurance for him after he developed a vision condition.

  • July 15, 2026

    Ga. Court Says State Rep. Must Face Wrongful Death Suit

    Georgia State Rep. Trey Kelley, R-Cedartown, will have to face a wrongful death lawsuit filed by the father of a man who was struck and killed in a bicycle accident, the Georgia Court of Appeals said Wednesday, reversing a lower court's dismissal of the case.

  • July 15, 2026

    Ex-Investor Urges Del. High Court To Revive Higher Damages

    The Delaware Supreme Court heard arguments Wednesday over whether the Delaware Chancery Court improperly limited evidence used to calculate a $6.9 million award to a former member of a Philadelphia-area EB-5 investment company, with each side accusing the other of misapplying Delaware law governing expert evidence and attorney fee awards.

  • July 15, 2026

    Texas Court Says $350M Claim Can't Include General Counsel

    The statewide Texas appeals court found that the former CEO of software company Reynolds and Reynolds cannot include the company's general counsel in a $350 million employment lawsuit, saying in a split opinion that the company's general counsel has immunity in this case.

  • July 15, 2026

    Title Co. Can't Keep Tax Refund, Wash. Panel Rules 2nd Time

    A Washington appeals panel handed a win again to the state Department of Revenue, reversing a lower court order that the department owed an $11 million tax refund to a title insurance and settlement services company.

  • July 15, 2026

    DC Circ. Says District Court Can't Decide USPS Policy Claim

    The D.C. Circuit reversed a 2020 summary judgment win for Democratic-led states and cities that required the Postal Service to increase services at its election mail processing centers in more than 20 districts across the country, so millions of ballots could be delivered before that year's general election.

  • July 15, 2026

    Fed. Circ. Won't Move Zoho Patent Suit From EDTX To WDTX

    The Federal Circuit on Wednesday denied a request from Indian technology company Zoho to send a patent infringement case related to private information exchange from the Eastern District of Texas to the Western District of Texas, rejecting its arguments that its U.S. subsidiary was based out west.

  • July 15, 2026

    Wash. Panel Says Prosecutor-Victim Doesn't DQ Colleagues

    A Washington appellate panel has held that a trial court judge erred in disqualifying a county prosecutor's office from handling charges against a driver who crashed into one of its attorneys during a police pursuit.

  • July 15, 2026

    Fed. Circ. Gives Pa. Biz A 2nd Go At $1.5M Tax Penalty Refund

    The Federal Circuit gave a Pennsylvania electrical contractor another chance to pursue a $1.53 million refund claim for penalties paid to the Internal Revenue Service after its owner pled guilty to criminal tax evasion, according to an opinion published Wednesday.

  • July 15, 2026

    What To Watch In Massachusetts In The 2nd Half Of 2026

    As midsummer approaches, Massachusetts attorneys are focused on much more than just the Red Sox winning streak and the fallout from the Jaylen Brown trade; from a headline-grabbing federal prosecution to the midterm elections to cases that could shape the state's noncompete laws, practitioners have plenty on their radar in the latter half of the year.

  • July 15, 2026

    GM Robotaxi 'Sign-In Wrap' Sends Injury Suit To Arbitration

    A California appeals court has sent a man's injury suit against General Motors' autonomous vehicle subsidiary to arbitration, saying the "sign-in wrap" agreement he assented to as a customer to Cruise LLC's service was sufficiently conspicuous and would give a reasonable consumer notice of the arbitration clause.

  • July 15, 2026

    Mich. Justices Toss Murder Confession Over Miranda Violation

    A murder suspect's statements to Detroit police can't be used at his upcoming trial because officers continued engaging with him after he requested a court-appointed attorney, the Michigan Supreme Court ruled Tuesday, holding that police violated his constitutional right to counsel. 

  • July 15, 2026

    Personal Injury & Med Mal Cases To Watch In 2nd Half Of 2026

    A trial in a suit brought by 29 states accusing Meta's Facebook and Instagram of causing young people to become addicted and a third bellwether trial in the Uber sexual assault multidistrict litigation are among the cases injury and malpractice attorneys will be following closely in the second half of 2026.

  • July 15, 2026

    The Biggest Copyright Rulings Of 2026: A Midyear Report

    The U.S. Supreme Court issued a major opinion that limited contributory copyright liability for internet service providers, while a major verdict in a Digital Millennium Copyright Act case could hint at what's to come in artificial intelligence litigation. Here are Law360's picks for the top copyright rulings for the first half of 2026.

  • July 15, 2026

    Successor's Appointment Was Late, Retired Fla. Judge Says

    A recently retired Florida state judge told the Florida Supreme Court that his challenge of Gov. Ron DeSantis' failure to appoint someone to succeed him is moot since the governor had filled the vacancy, but argued that the appointment had an illegal delay of 25 days.

  • July 15, 2026

    9th Circ. Won't Revive Flea, Tick Meds Suit Against Bayer

    A Ninth Circuit panel gave short shrift to Tevra Brand LLC's bid to revive an antitrust suit alleging Bayer HealthCare LLC used exclusive contracts to lock up the market for a flea and tick treatment for dogs and cats, preserving Bayer's jury win.

  • July 15, 2026

    Fed. Circ. Won't Reopen Challenges To Biometric Sensor IP

    Assa Abloy lost its bid to reinstate challenges to a pair of biometric sensor patents Wednesday when the Federal Circuit backed Patent Trial and Appeal Board decisions that the Swedish manufacturing company failed to show claims in the patents were invalid.

  • July 15, 2026

    Harwood Lloyd Must Face DQ Bid Over Hiring Ex-NJ Judge

    A New Jersey state appellate court on Wednesday revived a bid to disqualify Harwood Lloyd LLP from a probate matter based on how a retired judge awarded fees to a firm attorney before joining the firm himself.

  • July 15, 2026

    Biz, Benefits Groups Tell 4th Circ. To Nix 401(k) Forfeiture Suit

    A trio of business and benefits groups asked the Fourth Circuit to uphold the dismissal of a suit claiming Northrop Grumman improperly used forfeited 401(k) cash to fund its plan contributions, stating it would be "exceedingly odd" for the case to proceed against federal regulations allowing the practice.

Expert Analysis

  • Justices' Montgomery Ruling Doesn't Expand Shipper Liability

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    Whether negligent hiring liability claims against shippers will increase after the U.S. Supreme Court's decision last month in Montgomery v. Caribe Transport II is anyone's guess, but the ruling itself will have no impact on shippers' actual liability in personal injury claims relating to trucking accidents, says Ronald Leibman at McCarter & English.

  • GHG Rescission Undermines State Climate Suit Preemption

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    As the U.S. Supreme Court considers the fate of state climate litigation in Suncor Energy Inc. v. Boulder County, it must confront the fact that the U.S. Environmental Protection Agency's rescission of its greenhouse gas endangerment finding has also removed the foundation for federal preemption of state climate suits, says attorney Gregg Goldfarb.

  • 3rd Circ. Decision Sheds Light On BIPA Bank Exemption

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    The Third Circuit's recent decision in McGoveran v. Amazon illuminates how courts are extending the Illinois Biometric Information Privacy Act's financial institution carveout beyond banks and insurers to technology vendors and other businesses handling biometric data, a defendant-friendly shift that still casts uncertainty around BIPA's enforcement, say attorneys at Dorsey & Whitney.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • Series

    Moshing Makes Me A Better Lawyer

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    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • High Court Ruling Casts Doubt On Status-Based Gun Bans

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    The U.S. Supreme Court’s recent ruling in U.S. v. Hemani demonstrates that the justices are increasingly skeptical of broad theories of categorical disarmament and clarifies that dangerousness cannot simply be presumed from one's status or membership in a statutory category, such as illegal drug use, says Lee Francis at Widener Law.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

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    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • Steps For Employers After 7th Circ. BIPA Retroactivity Ruling

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    The Seventh Circuit's recent ruling in Clay v. Union Pacific sharply limits per-scan statutory damages theories in pending Biometric Information Privacy Act cases by retroactively applying a 2024 amendment, but employers should not mistake the holding for a broad safe harbor, say attorneys at Thompson Coburn.

  • How NEPA Review Has Changed Since Seven County

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    A year after the U.S. Supreme Court's decision in Seven County Infrastructure Coalition v. Eagle County instituted major changes to judicial review under the National Environmental Policy Act, courts are effectively applying the decision, but where things go from here may be up to agencies and project proponents, say attorneys at Venable.

  • A Midyear Look At Antiterrorism Act Jurisprudence And Policy

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    Plaintiffs have filed comparably fewer new actions under the Antiterrorism Act this year, though a handful of key decisions further defined the statute’s aiding-and-abetting standard and highlighted continuing risks for financial services companies, say attorneys at Skadden.

  • Justices' ICA Ruling Provides Certainty For Regulated Funds

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    The U.S. Supreme Court's recent ruling in FS Credit v. Saba that a contract-rescission provision of the Investment Company Act does not provide investors with a private right of action is a victory for the regulated fund industry, emphasizing that where Congress intended to create private remedies, it did so expressly, say attorneys at Simpson Thacher.

  • Justices' Obstruction Ruling Clears Venue-Challenge Path

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    While the U.S. Supreme Court’s recent ruling in Abouammo v. U.S. poses venue challenges for federal obstruction of justice prosecutions, it is a gift for defense counsel because it offers a clean, constitutional basis to challenge venue where a place of falsification and a place of investigation diverge, says Liz Aloi at MoFo.

  • Drawing A Line Between Settlement Pressure And Extortion

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    U.S. v. Luo, pending in the U.S. District Court for the Southern District of New York, may force courts to address anew when settlement negotiations become criminal extortion, particularly in the age of easily fabricated digital evidence, says attorney Denis Kiely.

  • Recent Cases Clarify When Risk Disclosures Trigger Liability

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    Several recent decisions highlight circumstances where risk disclosures can constitute actionable misrepresentations, providing clarity on how the Private Securities Litigation Reform Act's safe harbor and the common-law bespeaks caution doctrine apply to risk disclosures, and how publicly traded companies can guard against such claims, say attorneys at Katten.

  • Securities Class Cert., 5 Years After Goldman Ruling

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    The U.S. Supreme Court's 2021 decision in Goldman Sachs Group v. Arkansas Teacher Retirement System has not only armed defendants in securities cases with more arguments in individual class certification fights, but may also be providing greater certainty and finality in class certification battles, say attorneys at Skadden.

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