Appellate

  • October 05, 2026

    Justices Fret Any Climate Tort Ruling Will Open Pandora's Box

    U.S. Supreme Court justices Monday pondered the risks of far-reaching fallout whether they allow or restrict burgeoning lawsuits targeting oil companies, acknowledging fears of near-limitless litigation but also struggling to distinguish climate torts from famous legal battles involving tobacco and opioids.

  • October 05, 2026

    Judge Clevenger's Intellect Defined His Time On Fed. Circ.

    Newly retired Federal Circuit Judge Raymond Clevenger has an "exceptionally keen intellect" that allowed him to spot holes or new paths in cases that the parties or fellow panel members hadn't explored, his former colleagues told Law360.

  • October 05, 2026

    9th Circ. Says PREP Act Bars Pasadena COVID Policy Suit

    The Ninth Circuit on Monday refused to revive a Pasadena employee's suit challenging the city's COVID-19 safety policy for unvaccinated city employees, ruling that the city is immune from his claims under the Public Readiness and Emergency Preparedness Act.

  • October 05, 2026

    Masimo's $634M Apple IP Win Boosted By $184M In Interest

    A California federal judge on Monday ordered Apple Inc. to pay Masimo Corp. $184 million in prejudgment interest on top of a $634 million damages award for infringing a Masimo pulse oximetry patent through an Apple Watch feature, rejecting Apple's contention that such interest was not warranted.

  • October 05, 2026

    9th Circ. Revives Antitrust Suits Against Invisalign

    The Ninth Circuit on Monday reversed Invisalign-maker Align's summary judgment win in two class actions accusing the company of monopolizing the clear teeth aligner market, saying in a published opinion that Align's true reason for ending tech interoperability with a rival is still up for dispute.

  • October 05, 2026

    What The Justices Won't Hear: A Roundup Of Cert Denials

    The U.S. Supreme Court declined to grant a writ of certiorari to dozens of applicants Monday, including in cases involving criminal convictions and sentences, antitrust actions, and employment bias disputes.

  • October 05, 2026

    5th Circ. Hints CMS Medicare Advantage Rule May Violate APA

    A Fifth Circuit panel seemed hesitant to buy an argument that a rule from the Centers for Medicare & Medicaid Services dealing with Medicare Advantage plan overpayments went through proper rulemaking steps, asking Monday if the agency's argument that it can change its rationale "upends" rulemaking procedures.

  • October 05, 2026

    Sotomayor Warns Judges: Don't Scare Your Jurors

    U.S. Supreme Court Justice Sonia Sotomayor on Monday criticized an Alabama trial court judge who frightened a pool of prospective jurors by ordering the arrest of a latecomer to jury selection, saying in a statement accompanying a denial of certiorari in the case that fear can undermine a defendant's right to an impartial jury.

  • October 05, 2026

    Insurer's Late Filing Doesn't Doom Crash Deal, Ga. Court Says

    A Georgia appeals court found Monday that an insurer's late delivery of a coverage statement did not prevent the enforcement of a settlement in a suit stemming from a car collision, sending the case back to a lower court to determine whether the deal was validly rescinded.

  • October 05, 2026

    5th Circ. Wonders If Flock Cameras Align With 4th Amendment

    A Fifth Circuit panel on Monday pressed the federal government to explain how law enforcement's use of Flock cameras to track criminal suspects without obtaining a search warrant doesn't run afoul of the Fourth Amendment, questioning prosecutors' assertion that publicly observable movements enjoy no protections.

  • October 05, 2026

    Mich. High Court To Weigh Retroactivity Of Sentencing Rule

    The Michigan Supreme Court has taken up an appeal asking it to decide if a landmark decision that bans the inclusion of previously acquitted charges as a factor for sentencing applies retroactively even after a sentence has been appealed.

  • October 05, 2026

    5th Circ. Backs Surgical Stapler Death Suit Dismissal

    The Fifth Circuit on Friday upheld a lower court's decision to dismiss a suit against Johnson & Johnson and its medical device subsidiary Ethicon Endo-Surgery Inc. over a surgical stapler implicated in a man's death for failing to provide notice before filing suit.

  • October 05, 2026

    Justices Mull Courts' Authority To Hear Vets' Benefits Suit

    The U.S. Supreme Court on Monday appeared split on whether the Veterans' Judicial Review Act bars federal district courts from presiding over constitutional challenges to statutes affecting veterans' benefits, with justices questioning both sides' interpretation of the law's no-review clause.   

  • October 05, 2026

    Youths Lose Bid To Stay Nix Of GHG Endangerment Finding

    A D.C. Circuit panel on Monday denied youth plaintiffs' request to stay the U.S. Environmental Protection Agency's repeal of a landmark finding that greenhouse gas pollution endangers people's health while they pursue a legal challenge.

  • October 05, 2026

    Justices Unsure Climate Lawsuits Are A Constitutional Matter

    U.S. Supreme Court justices on Monday appeared reluctant to endorse the argument that climate change lawsuits brought by state and local governments against fossil fuel companies are constitutionally prohibited, even as they questioned whether such lawsuits can be sustained.

  • October 05, 2026

    Fed. Circ. Partially Revives Wall Outlet Cover Patent Suit

    The Federal Circuit on Monday revived part of SnapRays LLC's case accusing O'Reilly Winship LLC of infringing patents covering a type of plastic plate that covers wall outlets, saying a Texas federal court messed up a piece of claim construction in the case.

  • October 05, 2026

    'Encouraging' Signs By 10th Circ. In Opt-Out Suit, Banks Say

    Banking industry stakeholders and their counsel spoke candidly Monday about their pending challenge before the Tenth Circuit to a Colorado law intended to curb high-cost lending in the state, saying the law instead harms consumers and that the en banc court seemed inclined to side with the banking groups.

  • October 05, 2026

    Justices Won't Block Paramount's $110B WB Deal

    The U.S. Supreme Court on Monday quickly rejected a request by consumers to immediately block Paramount Skydance's $110 billion purchase of Warner Bros. Discovery, which is expected to close Tuesday, while a lower court adjudicates their antitrust claims challenging the merger.

  • October 05, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week temporarily froze roughly 32.1 million Talkdesk Inc. shares in a fight over a disputed foreclosure involving founder and CEO Tiago Paiva, while rejecting Saama Technologies founder Suresh Katta's nearly $68 million earnout bid and awarding the company about $7.3 million.

  • October 05, 2026

    Groups Say Fla. City Bent Rules For Related Ross Hotel Tower

    Two West Palm Beach neighborhood groups are arguing to a Florida state appeals court that city officials advanced an 18-story Related Ross convention center and hotel project while ignoring concerns that the project's valet operations could pose a risk to pedestrians, among other issues in the approval process.

  • October 05, 2026

    4th Circ. Upholds Order For US To Admit Afghan Families

    A Fourth Circuit panel has declined to stay a federal district judge's order clearing the way for the families of seven Afghans who fought for and alongside the U.S. military to enter the country, rejecting the State Department's argument that the families' visa petitions fall within the consular nonreviewability doctrine.

  • October 05, 2026

    Split 9th Circ. Backs Ex-GM Worker's $5M Bribery Conviction

    A split Ninth Circuit on Monday upheld a former General Motors Co. commodity manager's conviction for soliciting a $5 million cash bribe from an auto parts supplier in return for ensuring it secured a $100 million contract.

  • October 05, 2026

    FCC Evading Courts With 'Gamesmanship,' DC Circ. Told

    The Federal Communications Commission is pursuing a road map for evading judicial review of major rulings, an advocacy group warned the D.C. Circuit in a case challenging Fox TV's Philadelphia license.

  • October 05, 2026

    State Watchdogs Bristle At Prediction Market Incursion

    A group of state gaming regulators has urged the U.S. Supreme Court to consider reviewing Kalshi's ability to offer sports-related contracts in New Jersey, nodding to recent case law that has cut against the decision that gave rise to the state's petition.

  • October 05, 2026

    Intel Case May Clarify Dismissal Standard For 401(k) Suits

    The U.S. Supreme Court will hear arguments Tuesday from former Intel Corp. workers looking to revive a suit claiming their retirement savings suffered because of shoddy investments, a case that could shed light on what it takes to keep challenges to allegedly subpar 401(k) offerings alive.

Expert Analysis

  • New Suits Raise Stakes After 7th Circ. 'Zero Sugar' Ruling

    Author Photo

    The Seventh Circuit's recent ruling in Franco v. Chobani that "zero sugar" claims on allulose-sweetened products are not preempted has sparked a wave of lawsuits, and companies can no longer assume that federal allulose guidance is a safe harbor, say attorneys at Bradley Arant.

  • Patent Eligibility Bulletin: Claim Solutions, Not Results

    Author Photo

    In the third quarter of the year, two Federal Circuit decisions illustrated that claims sharing the same disclosure can fall on opposite sides of the patent eligibility line, depending on the specific nuances of tech patents' claims, says Reilley Keane at Banner Witcoff.

  • Prediction Market Case Tests Novel Insider Trading Theory

    Author Photo

    The government's argument in its case against a soldier accused of using classified information to bet on Venezuelan President Nicolás Maduro's capture would represent a sea change in how insider trading wire fraud has been prosecuted for decades, says Alex Blanchard at Holland & Knight.

  • 3 Illinois Updates That Bolster Mortgage Lender Enforcement

    Author Photo

    Illinois lenders can use clarifications from recent legislative and judicial developments — a law defining the limitations period for home equity loans and two rulings on quiet title actions and lien expirations during foreclosures — to sharpen their enforcement tools and better protect their mortgage rights, says Stephanie Mulcahy at Hinshaw.

  • Series

    Mich. Banking Brief: All The Notable Legal Updates In Q3

    Author Photo

    We are at an inflection point for Michigan financial services law, with a state Supreme Court decision recently overruling more than 25 years of precedent on the Michigan Consumer Protection Act, and pending legislation that could significantly shift the regulatory landscape, say attorneys and advisers at Dykema.

  • The Patent Circuit: Marking Duties For Licensed Tech

    Author Photo

    The Federal Circuit's decision in VDPP v. Volkswagen provides clarity on how the patent statute's marking provision applies to licensed technology, but expressly leaves open the question of how exactly patentees can make reasonable efforts to ensure licensees' marking compliance, say attorneys at Knobbe Martens.

  • NY Art Ruling Creates Fault Line In Cultural Property Cases

    Author Photo

    A recent New York state appellate decision, blocking a Holocaust victim’s heirs from using a criminal turnover order to reclaim a work the Art Institute of Chicago says it acquired legally, makes establishing ownership a newly central question in cultural property disputes, says Duncan Levin at Levin & Associates.

  • What Anthropic Security Ruling Means For Gov't Contractors

    Author Photo

    In light of the D.C. Circuit ruling backing the U.S. Department of Defense's decision to remove Anthropic's Claude artificial intelligence models from its supply chain, there are a few steps contractors can take in response, including assessing whether to eliminate use of Anthropic products entirely, say attorneys at Blank Rome.

  • DC Circ. Ruling Highlights Limits Of DOE Grid Orders

    Author Photo

    The D.C. Circuit's recent decision in Michigan v. U.S. Department of Energy, vacating a DOE order to keep a coal-burning power plant open, gives utilities more insight into the durability of federal orders premised on protecting grid security, say attorneys at ArentFox Schiff.

  • Testing AI's Promise For Large-Scale Document Review

    Author Photo

    Our document-review comparison of attorneys' responsiveness and issue coding decisions versus predictions generated by artificial intelligence across 1,600 documents suggests that these tools can offer a reasonable and reliable basis for improved discovery workflows, provided lawyers understand where guardrails are needed, say attorneys at Redgrave.

  • Opinion

    Colo. Climate Suit Defies Limits Of State Power

    Author Photo

    In Suncor Energy v. Boulder County, the U.S. Supreme Court must not allow a single Colorado county to penalize pollution occurring across the country and around the globe, because the U.S. Constitution forbids states from exercising power beyond their borders, says Michael McGinley at Dechert.

  • What's Next For Prediction Markets If States Win At High Court

    Author Photo

    While the Supreme Court hasn't taken up a prediction market case yet, a high court win for the states in their quest to regulate the exchanges would likely mean a wave of state legislature bills and regulatory guidance arriving on different timelines, rather than a single uniform transition, says Howard Herndon at Bradley Arant.

  • 3rd Circ. Ruling Shows ADA Limits Amid Worker Misconduct

    Author Photo

    In Hileman v. West Penn Allegheny Health System, the Third Circuit recently rejected a wrongful termination claim under the Americans with Disabilities Act, illustrating that disability and leave laws don't automatically insulate employees from the consequences of prior workplace misconduct, say attorneys at Bond Schoeneck.

  • AI Meeting Recaps Pose New Discovery And Privilege Risks

    Author Photo

    The New York City Bar Association’s recent ethics opinion, cautioning attorneys not to record nonclient conversations with artificial intelligence tools, reflects an emerging view that AI meeting recaps are now a distinct business record category, meaning counsel should set meeting-level controls and apply framework-level updates, says William Wright at Faegre Drinker.

  • Class Actions At The Circuit Courts: September Lessons

    Author Photo

    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six recent rulings involving pecuniary loss in false price comparison advertising, privity in an insurance fee class, antitrust standing, immigration class representatives, retirement beneficiary class commonality, and Rule 23(f) appeals in Fair Labor Standards Act claims.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here