Appellate

  • August 21, 2026

    Argentina Says DC Circ. Misread Time Bar On $391M Award

    Argentina on Thursday urged the D.C. Circuit to rethink its decision rejecting a three-year statute of limitations in a dispute over the enforcement of a $391 million arbitral award, calling the ruling an "outlier" that conflicts with Second Circuit precedent.

  • August 21, 2026

    2nd Circ. Backs NY Water Permit For Pipeline Project

    The Second Circuit on Friday upheld New York's issuance of a Clean Water Act permit for a controversial Williams Cos. pipeline upgrade, saying state environmental regulators justified their about-face from previous permit denials over pollution concerns.

  • August 21, 2026

    Meta Tells DC Circ. To Reject FTC Appeal

    Meta Platforms Inc. urged the D.C. Circuit not to revive the Federal Trade Commission's monopolization lawsuit targeting its purchases of WhatsApp and Instagram, arguing Thursday that a D.C. federal judge correctly held that in the here and now, competition from TikTok and YouTube means it "has no monopoly."

  • August 21, 2026

    Fla. Condo Group Gets Trial After Arbitration Rule Fight

    A Florida appeals court ruled Friday that a condominium association battling its contractor over work done after Hurricane Ian can get the trial it requested, after finding that its objection to an arbitration decision complied with Florida rules.

  • August 21, 2026

    NC Co. Pushes Pretrial Appeal In Veterans' Fee Fight

    A North Carolina business that helps veterans apply for federal disability benefits wants to appeal a finding that it flouted the state's Unfair and Deceptive Trade Practices Act by charging fees without accreditation, arguing there's room for differences of opinion on major aspects of the ruling.

  • August 21, 2026

    Texas Panel Cuts $45M Sandy Hook Ruling Against Alex Jones

    A Texas state appellate court Friday slashed a $45 million damages award against right-wing conspiracy theorist Alex Jones in a defamation trial brought by parents of a Sandy Hook shooting victim, saying the family did not meet the legal standard to exceed the state's damages cap.

  • August 21, 2026

    11th Circ. Ruling Could Help ERISA Suits Survive Until Trial

    The Eleventh Circuit's decision to reopen a suit from a former Royal Caribbean worker claiming 401(k) participants lost millions on underperforming target-date funds could make it easier for plaintiffs to get to trial in cases accusing companies of retirement plan investment picks that violate federal benefits law, attorneys said.

  • August 21, 2026

    11th Circ. Affirms Penalty Over $9M Easement Deduction

    The Eleventh Circuit sustained the IRS' valuation penalty against a partnership donor claiming a nearly $9 million charitable deduction on a Georgia conservation easement contribution, upholding a 2023 U.S. Tax Court decision that ruled the donor had grossly misvalued the donated property.

  • August 21, 2026

    RTX Unit Beats Gender Hiring Bias Appeal In Connecticut

    RTX Corp.'s Pratt & Whitney aircraft unit prevailed a second time Friday against a female candidate's claim that she wasn't hired because of her gender, with a Connecticut appeals court affirming gender wasn't a motivating factor and that some of the woman's arguments rested on hearsay.

  • August 21, 2026

    Hall Booth Fights Malpractice Discovery Amid Appeal

    Hall Booth Smith PC and two of its attorneys on Friday asked the North Carolina appeals court to pause a legal malpractice suit against it from the court-appointed receiver for two wrongfully convicted brothers awarded millions in an underlying suit, arguing their appeal challenging jurisdiction should be handled first.

  • August 21, 2026

    The Race Is On To Confirm Trump's Judges By Year-End

    President Donald Trump nominated 11 judges this past week, meaning 19 nominees are now in the pipeline. But how many can the Senate confirm before the end of the year, given that it will mostly be absent and consumed by the midterm election? 

  • August 21, 2026

    Fla. Attorney Fined, Referred To Bar For Unapologetic AI Use

    A Florida attorney is the latest to be sanctioned for his use of artificial intelligence, after a Florida state appeals court found Friday that his filings contained at least 46 hallucinations.

  • August 24, 2026

    CORRECTED: 3rd Circ. Rules Jury Instruction Didn't Trigger New Trial

    In a precedential ruling Friday, the Third Circuit reversed an order granting a man a new trial on drug charges, ruling that while the trial judge should not have told a deadlocked jury that jurors "have to" come up with a verdict, which eventually resulted in the defendant being found guilty, the instruction wasn't "unduly coercive." 

  • August 21, 2026

    Roberts Allows Trump To Construct Ballroom For Now

    Chief Justice John Roberts ruled Friday that President Donald Trump could temporarily continue construction of a new White House ballroom until the U.S. Supreme Court decides whether lower courts had the authority to order that work stop on the project pending congressional approval.

  • August 21, 2026

    DNA Can Prove Your Innocence — If They Let You Test It

    Since the mid-1980s, DNA testing has exonerated hundreds of wrongfully convicted people and reshaped the criminal justice system. Rodney Reed's decadeslong unsuccessful effort to test the belt prosecutors say he used to kill a woman, however, shows how difficult access to post-conviction DNA testing can be, even for prisoners with credible innocence claims.

  • August 21, 2026

    Fla. Panel Cuts Juvie Sentence Over Double Jeopardy Finding

    A Florida appeals court has ruled that a juvenile must have one of her two resisting arrest charges dropped and be resentenced accordingly, finding that double jeopardy rules bar the second charge because they both stemmed from the same incident.

  • August 21, 2026

    8th Circ. Won't Revisit Cannabis User's Gun Conviction

    The Eighth Circuit on Thursday declined to revisit its decision to preserve a man's conviction for possessing a firearm while being a user of cannabis.

  • August 21, 2026

    Colo. Supreme Court Announces Next Chief Justice

    The Colorado Supreme Court announced Friday that Justice William Hood has been selected by his fellow justices to serve as the court's next chief justice, beginning in August 2027 when current Chief Justice Monica Márquez's term concludes.

  • August 21, 2026

    US Urges High Court To Reject Tribe's $208M Water Claim

    The United States is asking the U.S. Supreme Court to reject a Nevada tribe's petition that looks to revive a $208 million breach of trust claim, saying the tribe hasn't identified a source of substantive law that the federal government violated by allegedly failing to prevent water diversion from its reservation.

  • August 21, 2026

    Gov't To Take 9th Circ.'s Bar Of Nev. US Atty To High Court

    The U.S. government asked the Ninth Circuit to stay its ruling disqualifying Nevada's top prosecutor from assuming that role without Senate confirmation, saying it plans to take the issue to the U.S. Supreme Court.

  • August 21, 2026

    4th Circ. Leaves Bulk Of $22M Wells Fargo ADA Verdict Intact

    The Fourth Circuit ruled Friday that a $22 million jury verdict in favor of a former Wells Fargo employee who said he was terminated for seeking remote work was almost $2.9 million too high, telling the ex-worker to choose between a reduced award or a new trial.

  • August 21, 2026

    9th Circ. Keeps Order To Improve ICE Site Amid Feds' Appeal

    The Trump administration must continue to address the "severe and inhumane deficiencies" a California federal court identified at an immigrant detention facility in the Mojave Desert, the Ninth Circuit has ruled, finding it unlikely to prevail in detainees' constitutional challenge.

  • August 21, 2026

    11th Circ. Won't Reopen ATF Worker's Disability Bias Suit

    The Eleventh Circuit refused to revive a lawsuit alleging the Bureau of Alcohol, Tobacco, Firearms and Explosives forced an employee with a heart condition to accept a demotion rather than let her take unpaid leave, ruling the agency wasn't required to supplement the paid time off she had available.

  • August 21, 2026

    Transportation Tracker: Boeing, CH Robinson Verdicts

    In our latest Law360 Transportation Tracker, an Illinois jury awarded $29 million to the family of a U.N. worker killed in the 2019 crash of a Boeing 737 Max 8, while freight broker C.H. Robinson was hit with a blockbuster $604 million verdict in Texas over a fatal 2021 trucking accident.

  • August 21, 2026

    Judge's Job Bid Sinks Conn. Atty's Homicide Conviction

    Former Cramer & Anderson LLP partner Robert L. Fisher Jr. is entitled to a new manslaughter trial because the presiding judge at his original trial "created an appearance of a lack of impartiality" when he did not disclose to the parties that he had applied for an oversight job with the state prosecutor's office, an appeals court ruled Friday.

Expert Analysis

  • Vax Ruling Offers Employer Tips For Handling Political Speech

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    A California appeals court's recent decision in Rademacher v. ABC, rejecting a "General Hospital" actor's suit alleging he was terminated for opposing a vaccine policy, demonstrates the importance of the employer's process, including neutral policies, documentation, and evidence of who knew what and when, say attorneys at Krevolin Horst.

  • O Brother, Where Art DAO? Jurisdiction Issues Abound

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    While there is a dearth of decisions examining a decentralized autonomous organization's citizenship for diversity jurisdiction purposes, Second Circuit case law has defined citizenship for other unincorporated entities, which may guide how courts evaluate an increasing number of cases involving DAOs, says Michael Mix at Morrison Cohen.

  • Protecting AI-Driven Innovation In Life Sciences IP

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    Recent developments, including the U.S. Patent and Trademark Office's evolving inventorship standards, and the impact of artificial intelligence on the "person of ordinary skill in the art" standard demand that life sciences companies elevate AI patent strategy to a top priority, says Sandra Haberny at Quinn Emanuel.

  • 2nd Circ. Ruling Notably Limits Sentencing Courts' Discretion

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    The Second Circuit’s recent decision in U.S. v. Dralle clarifies the bounds of sentencing courts’ ability to consider uncharged or co-defendant conduct without tying it to statutory sentencing factors, and it may have broader implications for limiting loss attribution in white collar and other criminal cases, say attorneys at Lowenstein Sandler.

  • High Court's Hikma Decision Reshapes 'Skinny Label' Suits

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    The U.S. Supreme Court's decision in Hikma v. Amarin marks a significant victory for generic drug manufacturers, but rather than putting an end to so-called skinny label inducement claims, it narrows and refocuses them, say attorneys at Sterne Kessler.

  • Opinion

    At High Court, Oil Cos.' Suncor Preemption Claims Fall Short

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    In Suncor Energy v. Boulder County, pending before the U.S. Supreme Court, oil and gas companies argue that municipalities' climate deception claims are equivalent to emissions standards for their industry — but the suit is ultimately incapable of imposing such standards, say Thomas McGarity at the University of Texas School of Law and James Goodwin at the Center for Progressive Reform.

  • 3 Disgorgement Questions Linger After Justices' SEC Ruling

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    While the U.S. Supreme Court’s recent decision in Sripetch v. U.S. Securities and Exchange Commission avoided placing new limits on the SEC’s disgorgement powers, it passed over several questions, including whether the commission can seek disgorgement when returning the money to investors isn't possible, says David Slovick at Kopecky Schumacher.

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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.

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