Appellate

  • September 22, 2026

    Hydropower Plant Needs More Monitoring, Wash. Panel Says

    A Washington appeals panel broadly upheld the state's certification of a hydroelectric power project near the Columbia River on Monday, although the court said officials need to impose additional monitoring and reporting requirements to address potential leakage into the surrounding watershed.

  • September 22, 2026

    Big Tech Backs Samsung At Fed. Circ. Over Patent Injunctions

    Top technology companies and various industry groups have urged the Federal Circuit to deny Collision Communications an injunction after the patent owner's $445.5 million infringement verdict against Samsung, saying an injunction would undermine U.S. Supreme Court precedent.

  • September 22, 2026

    9th Circ. Wipes Out $140M Class Verdict Against CenturyLink

    The Ninth Circuit overturned a $140 million class verdict against CenturyLink on Tuesday, holding that the company's reasonable interpretation of the Fair Credit Reporting Act shielded it from liability for willful violations when it pulled consumers' credit reports during online orders for internet service.

  • September 22, 2026

    Panel Hints Hill Wallack May Face Revived Malpractice Suit

    A New Jersey state appeals court panel on Tuesday appeared troubled by a trial judge's decision to toss a malpractice suit accusing Hill Wallack LLP of mishandling the defense of a family facing labor trafficking allegations, repeatedly asking counsel whether the lower court made the factual findings required before imposing the system's harshest sanction.

  • September 22, 2026

    Colo. Justices Mull Trial Court's Authority In Water Rights Suit

    The Colorado Supreme Court grappled Tuesday with ranchers' bid for the justices to overturn a water court's order allowing a change of water right for a right they say was not at issue, questioning counsel on the water court's authority to impose certain conditions in the neighbors' 10-year legal battle.

  • September 22, 2026

    High Court Told Sony Win In $500M Patent Case Flouted Law

    The owner of a patent that Sony's PlayStation controllers were cleared of infringing has told the U.S. Supreme Court that the Federal Circuit's decision applied a rule found nowhere in the statute governing functional patent claims or in high court precedent.

  • September 22, 2026

    Lender's $8.1M In Losses Were 'Self-Inflicted,' 11th Circ. Told

    The former CEO of a lender that financed independent insurance marketers has urged the Eleventh Circuit to reverse an $8.1 million trial judgment for breaching his work terms, arguing that the damages sustained by his previous employer were "self-inflicted." 

  • September 22, 2026

    Fed. Circ. Revives VA Fellow's AI Whistleblower Claim

    A Federal Circuit panel on Tuesday revived a former technology fellow's challenge to the U.S. Department of Veterans Affairs' decision removing him from his position after he raised concerns over the agency's artificial intelligence tool used for processing disability benefits claims.

  • September 22, 2026

    Wash. Appeals Court Revives Colo. Tax Payment Dispute

    Whether intercompany payments count as profit, royalties or taxable management fees is a disputed question of fact, a Washington state appellate panel said Tuesday, ordering back to a trial court a dispute over whether a Colorado company and its affiliates owe Washington's business and occupation tax.

  • September 22, 2026

    Pa. Gov., Legislators Must Face Public-Defense Funding Suit

    A divided Pennsylvania appeals court has allowed a petition filed against the commonwealth's top political leaders to proceed, granting a path forward for the claims that chronic underfunding of public defender offices has led to indigent criminal defendants receiving ineffective legal assistance.

  • September 22, 2026

    Trump Admin Asks Justices To Curb Noncitizen Habeas Relief

    The Trump administration implored the U.S. Supreme Court to cure a circuit split over noncitizens filing habeas petitions to challenge their detention during pending removal proceedings, warning of "intolerable disuniformity" in how the Immigration and Nationality Act is administered.

  • September 22, 2026

    Christmas Tree Co. Must Face Claims Over Deal with Amazon

    The Eleventh Circuit has revived an antitrust claim alleging National Christmas Products entered into agreements with Amazon in 2020 that inflated the prices of artificial Christmas trees.

  • September 22, 2026

    Atty Urges 4th Circ. To Reverse Liability For Client's Taxes

    A Baltimore attorney asked the Fourth Circuit to reverse a lower court's order that he cover unpaid federal income taxes owed by his client's holding company, saying he didn't engage in self-dealing.

  • September 22, 2026

    DC Circ. Nixes Congressional Veto Over Capitol Protests

    A D.C. Circuit panel on Tuesday deemed regulations barring demonstrations on the U.S. Capitol building's Eastern steps without a congressional sponsor unconstitutional, holding that the government cannot "pick and choose" who gets to use the space for protected speech.

  • September 22, 2026

    8th Circ. Asked To Nix Fraud Tax Credit Suit, $90M Judgment

    A man accused of helping form a sham limited liability company that fraudulently received millions in alternative fuel mixture tax credits asked the Eighth Circuit on Tuesday to reverse a judgment of more than $90 million against him, saying he shouldn't be personally liable for the company's conduct.

  • September 22, 2026

    DOJ Says Fired NCUA Members Aren't Like Fed Officials

    The U.S. Department of Justice is urging the D.C. Circuit to reverse a district court order reinstating ousted National Credit Union Administration board members, arguing Congress didn't impose presidential removal restrictions on the NCUA and that the agency isn't analogous to the Federal Reserve.

  • September 22, 2026

    Fla. Court Nixes Prison Term Over Missed Curfew Check

    A Florida appeals court on Friday ruled that a man should not be incarcerated for a probation violation because there was insufficient evidence to prove that he was not actually home after his curfew.

  • September 22, 2026

    Texas Appeals Court Undoes $3.5M Apartment Murder Verdict

    A Texas appellate court on Tuesday dismissed a $3.5 million judgment and ordered a new trial in a suit accusing a Houston apartment complex of negligently causing a robbery victim's murder, saying the lower court should have let the jury consider the alleged murderers' culpability.

  • September 22, 2026

    Del. High Court Upholds Permanent Absentee Voting Law

    The Delaware Supreme Court has preserved the state's permanent absentee voting law, rejecting two state Senate candidates' argument that the system violates the Delaware Constitution by allowing voters to automatically receive absentee ballots in future elections without reestablishing their eligibility each time.

  • September 22, 2026

    3rd Time's A Charm As Netflix Gets PTAB To Ax DivX Patent

    The Patent Trial and Appeal Board has ruled that Netflix was able to show that all the claims in a DivX streaming patent were invalid, following two previous decisions to the contrary and two trips to the Federal Circuit.

  • September 22, 2026

    Flyers Tell 9th Circ. Alaska-Hawaiian Merger Eroding Service

    Airline customers have told the Ninth Circuit that Alaska Airlines' 2024 acquisition of Hawaiian Airlines eroded consumer choice on numerous routes, and that a district court improperly dismissed their antitrust lawsuit with premature and flawed findings that cannot be allowed to stand.

  • September 22, 2026

    Centripetal Asks Justices To Revive $2.6B Cisco Patent Case

    Centripetal Networks LLC has told the U.S. Supreme Court that a decision clearing Cisco Systems Inc. of infringing its cybersecurity patents in a $2.6 billion case was wrongly based on a new claim construction that a judge entered late in the case, without letting Centripetal respond.

  • September 22, 2026

    DC Circ. Says Copyright Board Must Explain Allocations

    The D.C. Circuit on Tuesday threw out a judicial copyright board's decision on how it divided cable retransmission payments from 2014 through 2017, faulting it for how it did a final step in determining allocations among claimants.

  • September 22, 2026

    Flyer Says Justices Must Hear CrowdStrike Tech-Outage Suit

    An airline passenger is asking the U.S. Supreme Court to hear his proposed class action against CrowdStrike Inc. over expenses and injuries resulting from a 2024 tech outage, saying the justices need to resolve a widening circuit split on the scope of the Airline Deregulation Act.

  • September 22, 2026

    Ga. Justices Mull Reviving Injury Firm Client Solicitation Suit

    Georgia's justices pressed a personal injury law firm Tuesday on whether an attorney's racketeering case accusing it of using confidential crash reports to land clients was rightly dismissed, hinting that the lower courts might have held the claims to too high a bar.

Expert Analysis

  • 6th Circ. Ruling Broadest So Far In Wave Of Habeas Decisions

    Author Photo

    The Sixth Circuit’s recent opinion in Lopez-Campos v. Raycraft provides the most developed structural reasoning among rulings in a widening circuit split over mandatory detention after undocumented entry into the U.S., and supplies immigration practitioners a template for due process arguments in favor of habeas relief, says Kemal Hepsen at Mandamus Lawyers.

  • Opinion

    Murdaugh Reversal Masks Deeper Justice System Issues

    Author Photo

    The South Carolina Supreme Court's recent reversal of Alex Murdaugh's murder conviction leans heavily on improper jury influence by an ex-county clerk of court while underbilling other errors in the case, which are emblematic of larger issues with the justice system, says Barry Edwards at Fair Trial Analysis.

  • Del. Justices' Ripeness Ruling Shields Advance Notice Bylaws

    Author Photo

    The Delaware Supreme Court’s recent decision dismissing two AES and Owens Corning stockholder challenges of advance notice bylaws as unripe provides corporations more room to insulate their nomination procedures from activist pressure, say attorneys at Reed Smith.

  • How The High Court Expanded Freight Broker Liability

    Author Photo

    After the U.S. Supreme Court's decision in Montgomery v. Caribe Transport II that freight brokers may be liable for selecting unsafe motor carriers, the key question will be whether brokers used reasonable care in selecting a given motor carrier, with the concurring opinion offering some clues as to what reasonable care might look like, says Marc Blubaugh at Benesch.

  • 'Anderson Method' Ruling Shows Copyright Limits In Fitness

    Author Photo

    The Ninth Circuit's ruling in Tracy Anderson Mind and Body v. Megan Roup, finding that sequences of exercises developed and recorded by Tracy Anderson were not copyrightable choreographic works, is a reminder that even highly creative fitness programming can fall outside the scope of copyright protection, says Meredith Bobber Strauss at Michelman & Robinson.

  • 2nd Circ.'s Cantero Redo Complicates Mortgage Escrow Issue

    Author Photo

    The Second Circuit's recent decision in Cantero v. Bank of America reflects the absence of definitiveness in mortgage escrow preemption jurisprudence, leaving lenders to navigate conflicting state rules and pricing challenges amid a deepening circuit split, say attorneys at Sullivan & Cromwell.

  • 3 Rulings Show How Creditors Make Civil RICO Claims Stick

    Author Photo

    An Arizona federal court's recent decision concerning UniCredit Bank Austria is one of few in which creditors' claims against debtors for Racketeer Influenced and Corrupt Organizations Act violations have survived motions to dismiss, and these claims' substantial benefits make the rulings worth analyzing for guidance, says Brian Asher at Asher Research.

  • What Fed. Circ.'s Poultry Patent Ruling Says About 'About'

    Author Photo

    The Federal Circuit's recent decision in Enviro Tech v. Safe Foods highlights how approximation language in patent claims affects not only litigation outcomes, but also portfolio value, competitive positioning and prosecution strategy, say attorneys at Foley & Lardner.

  • Class Actions At The Circuit Courts: May Lessons

    Author Photo

    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings from cases involving allegations of Title VII violations, the Employment Retirement Income Security Act, prison dental care violations and overcharging for PACER access.

  • Texas Ruling Makes Avoiding Appraisal Nearly Impossible

    Author Photo

    By deciding that a coverage dispute doesn't nullify an appraisal clause, the Texas Supreme Court, in its recent Ace American Insurance ruling, makes appraisal nearly unavoidable in state personal auto and residential property disputes, says David Winter at Norton Rose.

  • Series

    NY Times Word Puzzles Make Me A Better Lawyer

    Author Photo

    Every morning I let The New York Times humble me with word games, which offer a chance to recalibrate my brain before the day's chaos arrives and remind me that a solution — whether to a puzzle or employment law issue — almost always exists once I find the right angle, says Amy Epstein Gluck at Pierson Ferdinand.

  • Tracking Tech Suit Is A Risk Management Reminder For Cos.

    Author Photo

    The Fifth Circuit recently heard oral argument in Rand v. Eyemart Express — an appeal that could reshape the legal landscape for businesses that deploy tracking tech on their websites — underscoring the importance of proactive risk management for companies across multiple industries, say attorneys at Blank Rome.

  • Series

    Law School's Missed Lesson: Diagnose Before Arguing

    Author Photo

    Law school often skips over explicitly teaching students how to determine what kind of problem a case presents before they commit to a particular doctrinal path, which risks building arguments that are internally coherent but externally misaligned, says Melanie Oxhorn at Kobre & Kim.

  • A Fed. Circ. Blueprint For Drafting Medical Device Patents

    Author Photo

    The Federal Circuit's decision in Constellation Designs v. LG last month, among other recent rulings, underscores the importance of emphasizing engineering, rather than clinical goals, when drafting patent claims for medical devices and software as a medical device, says Brandon Theiss at Volpe Koenig.

  • Decoding Arbitral Disputes: EU's Arb. Defense From Russia

    Author Photo

    The EU's latest package of restrictive measures against Russia marks a significant shift from merely resisting Russian jurisdictional tactics to proactively protecting arbitration and exclusive jurisdiction agreements, elevating the procedural importance of dispute resolution clauses, says Josep Galvez at 4-5 Gray's Inn Square.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Appellate archive.