Appellate

  • August 03, 2026

    How State SG Offices Became A Judicial Pipeline

    The rapid growth of Missouri's solicitor general's office illustrates the import of top state appellate roles, which offer young lawyers a chance to gain courtroom experience they might never acquire in BigLaw. The gig is also, for young conservatives especially, one of the fastest paths to the federal bench.

  • August 03, 2026

    NJ Panel Revives Bank's Greenbaum Rowe Malpractice Suit

    First Bank's legal malpractice suit against Greenbaum Rowe Smith & Davis LLP over a botched loan for a Lexus dealership was revived by a Garden State appeals court Monday, with the panel ruling that the trial court should not have barred the bank's expert report.

  • August 03, 2026

    Fed. Circ. Revives Communications Patent Suit Against Apple

    The Federal Circuit on Monday reinstated a lawsuit accusing Apple of infringing a series of secure communications patents, faulting the way the lower court interpreted certain key terminology in the patents.

  • August 03, 2026

    Fla. Judge Faces Hearing Over Political Donation Penalty

    A Florida state court judge was unable to reach an agreement over how she will be sanctioned for violating a rule regarding political donations, so her disciplinary case will be sent back for a hearing before the state's Judicial Qualifications Commission.

  • August 03, 2026

    Bermuda Firm Owes UK Tax In £41M Dispute, Tribunal Rules

    A Bermuda-based investment firm was a U.K. tax resident for several years and therefore may be liable for over £40.5 million ($54.3 million) in corporate tax because its beneficiary had effective control, a London tribunal ruled.

  • August 03, 2026

    Trump, Copyright Chief Spar Over Justices' Removal Rulings

    The Trump administration and U.S. Copyright Office leader Shira Perlmutter have each told a D.C. federal judge that U.S. Supreme Court rulings in June regarding presidential removal power bolster their side in the fight over her firing, with Perlmutter saying they leave intact her statutory challenge and the government saying they confirm President Donald Trump's authority to oust her.

  • August 03, 2026

    Libertarian Group Backs Farm In DOL In-House Court Fight

    A libertarian public interest law firm urged the U.S. Supreme Court Monday to rule against the Labor Department's authority to adjudicate civil penalties against agricultural employers in house, arguing that Congress never authorized the agency's enforcement scheme under the H-2A guest worker program.

  • August 03, 2026

    Conn. Justices Order Education For Atty Who Missed AI Flubs

    The Connecticut Supreme Court has ordered a GLG Law LLC attorney to complete continuing education after finding that seven errors in filings caused by ChatGPT stemmed from negligence in the use of new technology, not from an intentional attempt to deceive or mislead the court.

  • August 03, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week tackled disputes involving merger litigation, insider trading allegations, books and records demands, advancement proceedings, fiduciary duties, public benefit corporations and more.

  • August 03, 2026

    Pfizer COVID Vaccine Suit Needs 3-Judge Court, Panel Finds

    The D.C. Circuit has revived a couple's suit against Pfizer Inc., federal officials and a pediatrician's office alleging their child died after receiving the COVID-19 vaccine, saying federal law required a three-judge court to decide motions to dismiss, not the single judge who tossed the case.

  • August 03, 2026

    Trump Admin Appeals Order To Improve Adelanto ICE Site

    The Trump administration is seeking to overturn an order from a California federal judge instructing U.S. Immigration and Customs Enforcement to improve conditions at its Adelanto ICE Processing Center East and West.

  • July 31, 2026

    Law360 Names 2026's Top Attorneys Under 40

    Law360 is pleased to announce the Rising Stars of 2026, our list of more than 160 attorneys under 40 whose legal accomplishments belie their age.

  • August 02, 2026

    Mich. Justices Say Enbridge Line 5 Permits Need Reevaluation

    The Michigan Supreme Court threw out state regulators' approval of Enbridge Energy LP's proposed Line 5 tunnel beneath the Straits of Mackinac, ruling that the Michigan Public Service Commission failed to properly analyze the project's environmental impacts under the Michigan Environmental Protection Act and must reconsider the application. 

  • July 31, 2026

    Mich. Justices' Ruling Will Allow Eli Lilly Price-Fixing Probe

    A split Michigan Supreme Court Friday overturned two of its prior rulings that the majority determined had wrongly expanded an exemption in the Michigan Consumer Protection Act, opening the door for the state's attorney general to take action against misconduct in a range of industry sectors.

  • July 31, 2026

    9th Circ. Seeks Nev. High Court Input In Live Nation Class Suit

    The Ninth Circuit Friday sought the Nevada Supreme Court's input on a proposed class action against Live Nation, certifying a question about whether an arbitration agreement is void under Nevada law if "the drafter reserves the unilateral right to modify the entire agreement 'at any time' without notice."

  • July 31, 2026

    3rd Circ. Issues Warning Against Vague Sentencing Factors

    The Third Circuit on Friday upheld the conviction of a man accused of smuggling marijuana into the Virgin Islands, finding in a precedential opinion that a federal court in the territory did not incorrectly rely on his previous arrest record when determining his sentencing length.

  • July 31, 2026

    Calif. Supreme Court Reverses Strike Of 'Less Attentive' Juror

    The California Supreme Court held that a prosecutor's claim that a prospective juror was "less attentive" than others is not enough to support a peremptory strike, saying a 2022 California law aimed at prohibiting bias in juror removals requires more than a behavioral reason.

  • July 31, 2026

    Case Challenging Ban On 'Conversion Therapy' Reopened

    A Washington federal judge has partly revived a family therapist's constitutional challenge of the state's prohibition on a practice commonly known as conversion therapy in the wake of the U.S. Supreme Court's March decision finding that a similar Colorado ban amounted to viewpoint discrimination against a Christian counselor.

  • July 31, 2026

    3rd Circ. Backs Trust In Pa. Game Commission Title Dispute

    The Pennsylvania Game Commission constitutes a Pennsylvania citizen, the Third Circuit ruled Friday in a land title dispute between the commission and a trust, rejecting the commission's "Hail Mary" change in position that it's instead an "arm" of Pennsylvania, which would erase the court's diversity jurisdiction.

  • July 31, 2026

    Del. Supreme Court Ends J&J Bid To Preserve Asbestos Data

    The Delaware Supreme Court on Friday reversed a Chancery Court ruling that had allowed Johnson & Johnson, Dow Chemical and other major asbestos defendants to pursue a novel effort to stop bankruptcy trusts from deleting decades of asbestos claims records, holding that the companies failed to satisfy the requirements for an equitable bill of discovery.

  • July 31, 2026

    11th Circ. Backs Nurse's 20-Year Term In $111M Medicare Case

    The Eleventh Circuit on Friday agreed with a nurse practitioner that a trial court erred in giving prosecutors more time in closing arguments at her $111 million Medicare fraud trial, but upheld her conviction and 20-year sentence after finding the evidence against her was "overwhelming."

  • July 31, 2026

    Ariz. Justices Clarify Clergy Minor Abuse Reporting Laws

    Arizona's highest court has unanimously determined that under the state's child abuse statute, clergy members who learn about an abuse of a minor are not required to report it if the clergy learned about the abuse through confession, or if reporting it would violate their religion.

  • July 31, 2026

    Fla. Panel Affirms $103M Award Over Ford Mustang Explosion

    A Florida appellate court on Friday upheld a $103 million award against Ford Motor Co. in a lawsuit alleging responsibility for a Mustang explosion that severely injured its driver, saying the automaker couldn't sufficiently explain why the case should not have gone to a jury. 

  • July 31, 2026

    DC Circ. Backs Ex-Steward CEO's Contempt Charge

    The D.C. Circuit on Friday upheld a U.S. Senate committee's criminal and civil contempt finding against former Steward Health Care System LLC Chief Executive Ralph de la Torre after he refused to appear before lawmakers despite a subpoena, calling his appellate arguments "wholly meritless."

  • July 31, 2026

    11th Circ. Revives TVA Claims In Alabama Boat Collision Suit

    An Eleventh Circuit panel has reinstated claims from fishermen against the Tennessee Valley Authority alleging the TVA negligently failed to mark or remove a duck blind they collided with in their boat, finding that the agency is not immune under its governing statute.

Expert Analysis

  • Checking For AI Errors Is Now A Two-Way Street

    Author Photo

    A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

  • Opinion

    Federal Circuit Should Implement Mini En Banc Process

    Author Photo

    To fulfill its mission of uniformity in patent law while avoiding the challenges of en banc hearings, the Federal Circuit should institute mini en bancs — allowing regular three-judge panels to exercise en banc powers unless a majority of the court says otherwise, says Joshua Sohn at the U.S. Department of Justice.

  • What's Next After Justices' Last-Mile Driver Arbitration Ruling

    Author Photo

    The U.S. Supreme Court's recent decision in Flowers Foods v. Brock, refusing to narrow the scope of a Federal Arbitration Act exemption for workers engaged in interstate commerce, gives previously unprotected workers access to litigation, but preserves two potentially powerful arguments for future proceedings, say attorneys at Husch Blackwell.

  • Series

    The Biz Court Digest: Shoring Up Corporate Law In Maryland

    Author Photo

    Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

  • How End Of SEC 'Gag Rule' Affects Free Speech Certiorari Bid

    Author Photo

    The Securities and Exchange Commission's recent rescission of the so-called gag rule, which forbade defendants in settlements from denying the SEC’s allegations, may sway the outcome of a petition to the Supreme Court in a case challenging the rule on First Amendment grounds, say attorneys at Troutman.

  • 2nd Circ.'s Embedded Video Ruling May Protect Publishers

    Author Photo

    The Second Circuit's recent decision in Richardson v. Townsquare, dismissing an infringement claim arising from an embedding of a YouTube-hosted interview, reaffirms a potent defense for publishers who regularly use social media platforms' embed functionality, says Amanda Harris at Jassy Vick.

  • Federal Officer Removal After Justices' La. Pollution Ruling

    Author Photo

    In the wake of the U.S. Supreme Court's recent ruling in Chevron USA v. Plaquemines Parish, companies seeking to use federal officer removal to move litigation out of state court should ask three questions, focusing on government contract language, federally directed activity and related conduct, say attorneys at Hollingsworth.

  • Series

    Competing At Poker Makes Me A Better Lawyer

    Author Photo

    Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

  • Revisiting TransUnion's Underused Standing Rule, 5 Years On

    Author Photo

    The Ninth Circuit Court of Appeals' recent use of the U.S. Supreme Court’s now five-year-old TransUnion v. Ramirez rule specifying that the "mere risk of future harm" isn't concrete enough to support a damages claim presents an opportunity to revisit this underutilized standing rule, say attorneys at Horvitz & Levy.

  • 5 Things Associates Must Ask About Their Firm's Merger Plan

    Author Photo

    The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

  • Uncertainty Looms After Justices' Withdrawal Liability Ruling

    Author Photo

    The U.S. Supreme Court's recent holding in M&K Employee Solutions v. Trustees of the IAM National Pension Fund increases the unpredictability of withdrawal liability assessments, so employers should prepare for a range of assessments and be equipped to challenge unreasonable ones, say attorneys at Winston Taylor.

  • CFTC Trading Rule Can't Police Prediction Markets Yet

    Author Photo

    The Commodity Futures Trading Commission’s recent efforts to police insider trading in prediction markets through a post-Dodd-Frank anti-fraud rule exposes doctrinal gaps around misappropriation theory, leaving platforms to fill the void with win-rate-based surveillance, says attorney Tamara de Silva.

  • Columbia Software IP Ruling Tests Royalty Damages Model

    Author Photo

    The Federal Circuit's recent decision in Columbia University v. Gen Digital, vacating a damages verdict involving foreign software sales, provides guidance on ambiguities surrounding the worldwide royalty damages model established by the court's decision in Brumfield v. IBG two years ago, say attorneys at Munger Tolles.

  • Turning To The Courts When PBM Reform Falls Short

    Author Photo

    The effectiveness of state laws intended to regulate pharmacy benefit managers remains uncertain, but litigation — utilizing tried-and-true theories like breach of contract and fair dealing — offers another mechanism through which stakeholders may seek relief from PBMs, say attorneys at Reed Smith.

  • Opinion

    Immigration Appeals Rule Would Prevent Meaningful Review

    Author Photo

    Justice Stephen Breyer’s book “Making Our Democracy Work” offers a useful lens through which to consider what is at stake for the Executive Office for Immigration Review's legitimacy as the government asks the D.C. Circuit to revive an interim final rule that would have fast-tracked decisions by Board of Immigration Appeals, says Tara Kennedy at Kennedy Law.

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.