Appellate

  • July 01, 2026

    NC Panel Revives Constitutional Fight Over Vendor Ordinance

    The ability of local governments to regulate street vendors does not prevent a merchant in the Outer Banks from mounting a constitutional challenge against a city ordinance that restricted her ability to run a pop-up artists market, the North Carolina Court of Appeals said in an opinion switched Tuesday from unpublished to published.

  • July 01, 2026

    Chen Says Herridge Must Name Source Even Under Her Test

    A woman claiming that an FBI agent smeared her by leaking confidential records to then-Fox News journalist Catherine Herridge told the U.S. Supreme Court not to halt Herridge's contempt finding and $800-per-day fine any longer, saying that even under Herridge's preferred test, she would still have to identify her source.

  • July 01, 2026

    Wash. Atty Loses Bid For Jury In Dispute Over Bar Sanctions

    A Washington lawyer sanctioned and disciplined for bringing a "frivolous" election suit in 2021 against then-Gov. Jay Inslee has lost her bid to have her ethics charges heard by a jury, with a state appeals panel finding no error in a trial court's ruling that it lacked jurisdiction to take on the disciplinary matter.

  • July 01, 2026

    Fed. Circ. OKs Rejection Of 'Mon Ami' Dog Treat TMs

    The Federal Circuit on Wednesday refused to revive a bid to register "Mon Ami" as trademarks for dog treats, agreeing with the Trademark Trial and Appeal Board's finding that the marks were too similar to an earlier mark.

  • July 01, 2026

    White House Recordkeeping Suit Paused While Gov't Appeals

    A D.C. federal judge has paused a suit accusing the Trump administration of skirting White House recordkeeping rules while the government appeals the preliminary injunction granted last month.

  • July 01, 2026

    Medical Marijuana Cos. Seek To Back DOJ In DC Circ.

    Two medical marijuana companies are seeking to intervene in a pending legal challenge to a U.S. Department of Justice final rule loosening federal restrictions on state-sanctioned medical cannabis, saying they would be harmed by the rule's rescission.

  • July 01, 2026

    Plea Deals Get Scrutiny In 'Hunter,' But Justices Stay Cautious

    The shock for Mary Fan came almost immediately after she began her career as a federal prosecutor in Southern California in the mid-2000s.

  • June 30, 2026

    2nd Circ. Backs NY Gas Appliance Ban In Split With 9th Circ.

    New York City and the Empire State can enforce their laws effectively banning fossil-fuel appliances in new buildings, the Second Circuit ruled Tuesday, splitting from the Ninth Circuit in rejecting trade groups and unions' arguments that the statutes run afoul of federal law.

  • June 30, 2026

    Justices' Birthright Ruling Leaves Little Room For Congress

    The U.S. Supreme Court's 5-4 holding Tuesday that President Donald Trump's executive order limiting birthright citizenship is unconstitutional did more than invalidate the policy, it effectively foreclosed Congress from trying to implement the executive order through legislation, experts told Law360.

  • June 30, 2026

    Texas Court Sends 4 Asbestos Suits Out Of MDL Court

    A Texas appeals court on Tuesday found that multiple families of people who died following diagnoses of asbestos-related malignancies can remand their cases back to the courts they initially filed in, saying the multidistrict litigation rules do not apply to their cases.

  • June 30, 2026

    Morgan & Morgan Wins Bid To Arbitrate Ga. Malpractice Suit

    A Georgia appellate panel on Tuesday sent to arbitration a legal malpractice case accusing Morgan & Morgan of inducing a former auto collision client to accept a $750,000 settlement when the case was purportedly worth more, saying a broad arbitration clause in the representation agreement was valid and enforceable.

  • June 30, 2026

    Coca-Cola Bottler Off The Hook In Cop Crash Suit

    The Coca-Cola Bottling Co. United-East LLC has beaten a personal injury lawsuit stemming from a three-car pileup with a police car, after a Georgia state appeals court ruled on Tuesday that there is no evidence to suggest that the driver of the company's tractor-trailer did anything wrong.

  • June 30, 2026

    11th Circ. Says Atlanta Officer Can't Undo $21M Taser Verdict

    The Eleventh Circuit on Tuesday upheld a $21 million verdict against an Atlanta Police Department officer whose shocking of a man with a Taser left him paralyzed from a resulting fall, keeping intact a $20 million compensatory damages award and a previously slashed $1 million in punitive damages.

  • June 30, 2026

    3rd Circ. Says Pro Se Defendant Can't Get Trial Redo

    The Third Circuit on Tuesday said it would not reward a self-represented defendant's "chicanery," upholding a man's conviction for child sexual abuse after finding he was aware he was facing a functional life sentence before proceeding to trial pro se, and that a misstatement by the trial judge in his case did not change that.

  • June 30, 2026

    Cigna, Others Fight Ohio AG's Drug Price-Fixing Suit

    Ohio pharmacy benefit managers and their corporate parents urged a federal judge to toss the state's drug price-fixing lawsuit, saying in a series of briefs that the state is trying to skirt federal pleading standards, collapse corporate separateness and stretch Ohio's antitrust law beyond its limits.

  • June 30, 2026

    FERC Future Fuzzy After High Court's Agency Firings Ruling

    The Federal Energy Regulatory Commission faces an uncertain future following the U.S. Supreme Court's blockbuster ruling that presidents have unlimited authority to fire members of independent agencies, which creates new risks for an energy industry that's used to regulatory continuity at FERC.

  • June 30, 2026

    Defamation Litigation Roundup: Tyra Banks, Carroll, ERISA

    In this month's review of defamation fights, Law360 highlights Tyra Banks' suit over a Netflix docuseries about her long-running modeling competition show, as well as a late-night television host's defeat of a case taking issue with a segment on Medicaid coverage in Iowa.

  • June 30, 2026

    Fed. Circ. Rejects Canal Contractor's $4M Adjustment Claim

    The Federal Circuit on Tuesday declined to grant a construction company's bid for a nearly $4 million adjustment under a U.S. Army flood control contract at a Louisiana canal after encountering construction issues, finding the solicitation did not mislead the company.

  • June 30, 2026

    Ariz. Voter Purge Remand Paused Pending High Court Appeal

    A district judge in Arizona has halted a remanded portion of a voting rights dispute in the state over voter roll purges until the U.S. Supreme Court can rule on a petition it agreed to hear from the Republican National Committee.

  • June 30, 2026

    Catholic Group's Land Use Case Headed Back To 6th Circ.

    A Michigan federal judge on Monday refused to reconsider her denial of partial summary judgment for Catholic Healthcare International in its land use suit over Genoa Township's denial of a permit for a religious campus but certified the denial for immediate interlocutory appeal to the Sixth Circuit in an effort to accelerate resolution of the long-running litigation.

  • June 30, 2026

    Justices Skip Pork Case Over Alito, Kavanaugh Objections

    The U.S. Supreme Court said Tuesday it will not review a challenge to a Massachusetts law restricting the sale of pork produced in tightly confined spaces, though Justices Brett Kavanaugh and Samuel Alito were in favor of hearing the case.

  • June 30, 2026

    Supreme Court To Hear Ohio Prayer Group Zoning Case

    The U.S. Supreme Court on Tuesday agreed to hear claims that the city of University Heights, Ohio, used its zoning code to prevent a man from holding a prayer gathering in his home, in a case that seeks to test the limits of municipal powers over the exercise of religion.

  • June 30, 2026

    Ga. Justices Take Up $1.5M Blue Ridge Runoff Dispute

    Georgia's Supreme Court has agreed to consider whether an appeals court was right to dismiss a case involving a property owner claiming a water runoff issue from the city of Blue Ridge resulted in $1.5 million in property damage.

  • June 30, 2026

    Roberto Clemente's Sons Ask Justices To Review TM Dispute

    The family of baseball legend Roberto Clemente wants the U.S. Supreme Court to decide whether governments can appropriate trademarks without triggering automatic compensation after the First Circuit rejected claims stemming from Puerto Rico's use of Clemente's name and likeness on license plates and vehicle tags.

  • June 30, 2026

    Justices Won't Hear MSPB Case After Slaughter Decision

    The U.S. Supreme Court Tuesday denied a former Merit Systems Protection Board member's bid to review a D.C. Circuit decision upholding her firing from the agency, following a Monday high court decision finding that presidents have unlimited authority to fire members of independent agencies.

Expert Analysis

  • What Justices Are Focusing On In 'Skinny Label' Patent Case

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    Though Hikma v. Amarin appears to be a patent dispute that could reshape inducement doctrine in the pharmaceutical context, oral argument suggests the U.S. Supreme Court may treat this as primarily a pleading-stage dispute, with important unresolved questions lurking beneath the surface, says Shashank Upadhye at Upadhye Tang.

  • Employer Tips After 4th Circ. Rejects Trimmed Suit Deadlines

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    The Fourth Circuit's recent holding in Thomas v. EOTech that employers cannot use contractual provisions to shorten statutory filing periods for Title VII or Age Discrimination in Employment Act claims offers a warning for employers to review any such documents and reassess their litigation risk, say attorneys at Ogletree.

  • Binance Win Shows Constraints On Anti-Terrorism Act Claims

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    The Southern District of New York's recent ruling in Troell v. Binance illustrates that the Second Circuit's earlier decision in Ashley v. Deutsche Bank is holding weight with courts, and companies facing aiding and abetting risk should thus monitor evolving case law and assess exposure based on nexus allegations, say attorneys at Freshfields.

  • Understanding The Insider Trading Gap In Prediction Markets

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    While the first-ever insider trading indictment involving a prediction market — the recent prosecution of a service member involved in the capture of Nicolás Maduro — comprised extreme facts and straightforward legal theories, future cases will test the bounds of insider trading law, say attorneys at Baker McKenzie.

  • Heppner Ruling Left AI Privilege Risk For Lawyers Unresolved

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    While a New York federal judge’s recent ruling in U.S. v. Heppner resolved a privilege question surrounding client-side artificial intelligence use, it did not address how to mitigate the risks that can arise when confidential information enters the operative context of an AI system used by an attorney, says Jianfei Chen at Quarles & Brady​​​​​​​.

  • How 10 Years Of Case Law Have Shaped The DTSA

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    As the Defend Trade Secrets Act reaches its 10th anniversary, attorneys at Ropes & Gray examine recent DTSA case law and highlight key takeaways regarding pleading requirements, damages and risk factors.

  • The Ethics And Practicalities Of Representing AI Agents

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    With autonomous artificial intelligence agents now able to take action without explicit instructions from — or the awareness of — their human owners, the bar must confront whether existing frameworks like informed consent and client privilege will be sufficient on the day an AI agent calls seeking counsel, say attorneys at Morrison Cohen.

  • Notable Q1 Updates In Insurance Class Actions

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    Notable insurance class action decisions from the first quarter of the year included reminders about the statute of limitations as a key defense for claims relating to allegedly deficient forms, the importance of focus on the specific contract at issue and further guidance on the contours of Rule 23, says Kevin Zimmerman at BakerHostetler.

  • 9th Circ.'s Silence Prolongs Uncertainty On Cemex Framework

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    By affirming a bargaining order in Cemex Construction Materials v. National Labor Relations Board without opining on the NLRB’s 2023 expansion of its authority to issue such orders, the Ninth Circuit avoided direct conflict with the Sixth Circuit’s rejection of the same framework, prolonging uncertainty for employers facing union elections, say attorneys at Dinsmore & Shohl.

  • Arguments Show Justices Vacillating On Geofence Warrants

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    Questions and statements by the justices during recent oral arguments in Chatrie v. U.S., probing the Fourth Amendment limits of geofence warrants, revealed a Supreme Court that is skeptical of the government’s most sweeping claims, uncomfortable with the petitioner’s broadest theories and searching for a narrow off-ramp, say attorneys at Rogers Joseph.

  • Surveying The CFTC Campaign To Control Prediction Markets

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    The U.S. Commodity Futures Trading Commission is simultaneously asserting exclusive jurisdiction over prediction markets and signaling aggressive enforcement within them, a combination that will reshape the regulatory landscape for event contract platforms — pending the outcome of several court cases throughout the country and a likely circuit split, say attorneys at Paul Weiss.

  • Series

    Speed Jigsaw Puzzling Makes Me A Better Lawyer

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    My passion for speed puzzling — I can complete a 500-piece jigsaw puzzle in under 50 minutes — has sharpened my legal skills in more ways than one, with both disciplines requiring patience, precision and the ability to keep the bigger picture in mind while working through the details, says Tazia Statucki at Proskauer.

  • Documenting Business Purpose After IRS' 10th Circ. Win

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    Following the Tenth Circuit’s recent Liberty Global v. U.S. decision, which held the economic substance doctrine does not require a threshold relevancy determination, taxpayers can prepare for potential audits by maintaining contemporaneous documentation and taking other steps that demonstrate the business purpose of transactions, say attorneys at Crowell & Moring.

  • Why White Collar Juries Resist 'Honest Mistake' Defenses

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    Cases like the bribery conviction of a Cincinnati City Council member recently vacated by the U.S. Supreme Court show juries often reject “I made an honest mistake” as a white collar defense, but attorneys who understand why jurors convict defendants who made reasonable but flawed decisions can strategize around this, says Jonathan Porter at Husch Blackwell.

  • High Court's Cox Ruling Leaves ISP Copyright Rules Intact

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    Though some commentators predicted a cataclysmic impact from the U.S. Supreme Court's recent decision in Cox v. Sony, in actuality the decision correctly maintains the status quo for internet providers' copyright infringement liability, says Courtney Sarnow at CM Law.

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