Appellate

  • September 25, 2026

    Southwest Investors Ask 5th Circ. To Revive 'Meltdown' Suit

    Southwest Airlines investors have asked the Fifth Circuit to revive their securities fraud suit, alleging the airline's 2022 holiday travel "meltdown" stemmed from outdated technology and a flawed flight route structure, and that they have provided enough evidence showing the company made false statements to the public.

  • September 25, 2026

    US To Appeal Calif. Wind Farm's $49.4M In Cash Grants

    The federal government will appeal the U.S. Court of Federal Claims' July approval of $49.4 million in additional renewable energy cash grants to the country's second-largest wind farm, which has been embroiled in a decade-old dispute over the funds, according to a filing Friday.

  • September 25, 2026

    How A Calif. Ruling May Ease Court Reporter Shortage Effect

    A recent California Supreme Court ruling could help low-income litigants overcome a court reporter shortage that has left millions of hearings without an official record, undermining their chances of successfully appealing court decisions. For domestic violence survivors, advocates say, that record can mean the difference between challenging a potentially dangerous court order and having no viable path to appeal.

  • September 25, 2026

    Balancing The Scales: Concealed Carry, 'Weird' Arguments

    The Eleventh Circuit ruled that police spotting a gun protruding from a defendant’s pocket wasn’t enough to trigger reasonable suspicion in Florida, a state where concealed carry is treated as presumptively legal, and the Fifth Circuit rejected a “weird” argument from a person convicted of being a felon in possession. Here, Law360 highlights access to justice stories arising from litigation, verdicts and judgments you may have missed.

  • September 25, 2026

    A2J At The High Court: Gun Bans, Voting And Civil Remedies

    From the right to own semiautomatic rifles to the rules governing voter registration, the upcoming U.S. Supreme Court term will see the justices tackle a broad swath of constitutional and access to justice issues.

  • September 25, 2026

    Online Gambling Co. Wins £13M Tax Appeal Over Free Spins

    A gambling company isn't liable for about £13.2 million ($17.5 million) in U.K. remote gaming duties because free spins it awarded as prizes from a game for new users qualified for an exclusion from those duties, a London court said Friday.

  • September 25, 2026

    Justices Block Missouri's New Midterm Map In Loss For GOP

    The U.S. Supreme Court late Friday barred Missouri from using in its impending midterm elections a newly redrawn congressional map that would favor Republicans, rejecting the Eighth Circuit's restoration of revised boundaries and likely ending a litigation whirlwind that reached the justices thrice this month.

  • September 25, 2026

    Calif. Appealing Order Faulting Cannabis Tracking System

    California's cannabis regulator will appeal a state court's judgment finding that the agency failed to implement a system highlighting suspicious marijuana transactions as it was required to do so by state law.

  • September 25, 2026

    DC Circ. Backs Bitcoin Fog Crypto Mixer Conviction

    The D.C. Circuit upheld the conviction of Bitcoin Fog operator Roman Sterlingov in a Friday opinion that found the government adequately tied his conduct to the D.C. venue and introduced sufficiently reliable forensic evidence to link him to the cryptocurrency mixing service.

  • September 25, 2026

    DC Circ. Backs Buy America Waiver For Brightline Trains

    The D.C. Circuit on Friday rejected Alstom Transportation Inc.'s challenge of a Buy America waiver approved for trains for a high-speed rail project linking Las Vegas to Southern California, holding that the waiver is reasoned and aligns with federal requirements.

  • September 25, 2026

    9th Circ. OKs Class Cert. In Classmates.com Name Use Case

    The Ninth Circuit has approved a lower court's certification of a class of Californians suing over their names appearing in the yearbooks platform Classmates.com, rejecting a number of challenges from the website's operator, including that the lead plaintiff couldn't adequately represent the class.

  • September 25, 2026

    3rd Circ. Backs Pa. Milk Bond Law In NJ Cheese Co.'s Suit

    The Third Circuit has upheld a Pennsylvania law requiring milk distributors to post an annual bond to the state, rejecting a New Jersey cheese seller's claims that the rule unfairly restrains interstate commerce.

  • September 25, 2026

    Clothing Co. Settles TM Suit With Chinese Seller After Appeal

    A clothing company has settled its counterfeiting lawsuit against a Chinese e-commerce seller after the Seventh Circuit revived the dispute in May, directing a lower court to determine if the rules of The Hague Service Convention apply and prohibit the email service of the complaint.

  • September 25, 2026

    Fla. Panel Rejects Punitive Damages In Fatal Truck Crash Suit

    A Florida state appellate court on Friday rejected a bid by two families to add punitive damages in their lawsuit alleging that a semitruck driver caused a crash that killed a young couple, finding no error by the lower court.

  • September 25, 2026

    Verdict Axed Over Injured Homeowner's Absence At Trial

    A Florida appellate panel on Friday said a homeowner is owed a new jury trial in an insurance dispute over coverage for losses from a plumbing incident, finding a lower court should have declared a mistrial when the homeowner was seriously injured and unable to attend the trial.

  • September 25, 2026

    2nd Circ. Rules $7.25M Mansion Belongs In Guo's Ch. 11

    The Second Circuit on Friday upheld a Connecticut bankruptcy court decision that folded a $7.25 million mansion into the Chapter 11 estate of convicted fraudster Miles Guo, turning away his wife's argument that she actually controlled the property's corporate owner.

  • September 25, 2026

    Full 2nd Circ. Won't Revisit Rejection Of Feds' No-Bond Policy

    The en banc Second Circuit on Friday denied a request by the Trump administration for the full court to rehear a unanimous panel decision rejecting the government's argument that noncitizens who entered the U.S. unlawfully aren't eligible for bond.

  • September 25, 2026

    Google Win Over Online Ad Patent Case Upheld By Fed. Circ.

    The Federal Circuit on Friday refused to revive an advertising management system company's infringement suit against Google and YouTube, agreeing with a California federal judge's finding that the claims at issue were invalid under the U.S. Supreme Court's Alice precedent.

  • September 25, 2026

    Pitt Can't Sue Marshall U. In College Football Hosting Spat

    West Virginia's constitution does not allow the University of Pittsburgh to haul Marshall University into a Pennsylvania court for a dispute over a canceled college football game, a Keystone State appellate panel ruled Thursday.

  • September 25, 2026

    Mass. Man Can Try To Undo Plea Over DA Misstatements

    Massachusetts' intermediate appeals court on Friday gave a man a chance to withdraw his guilty plea to an alleged 1999 rape, citing evidence that a prosecutor gave his plea counsel a misleading summary of the DNA evidence.

  • September 25, 2026

    Unions Urge 2nd Circ. To Back Reviving Uber, Lyft Driver Law

    A group of unions and workers' rights advocates has asked the Second Circuit to lift the block on a municipal ordinance banning Uber and Lyft from kicking drivers out of the app without a formal notice or an investigation, claiming the district court was wrong to stop the law.

  • September 25, 2026

    Supreme Court Revives DHS Voter Citizenship Database

    The Trump administration can reinstate the U.S. Department of Homeland Security's upgraded citizenship verification database ahead of this year's midterm elections, the U.S. Supreme Court ruled Friday.

  • September 25, 2026

    DC Circ. Denies Anthropic's Security Risk Suit Against DOD

    A divided D.C. Circuit panel ruled Friday the Pentagon was justified in citing national security concerns to exclude Anthropic's suite of Claude artificial intelligence models from its supply chain.

  • September 24, 2026

    Jurisdictional Skepticism Puts Eli Lilly Appeal On Thin Ice

    Eli Lilly & Co.'s bid to unwind the U.S. Food and Drug Administration's refusal to classify a developing obesity treatment as a biological product appears to suffer from jurisdictional issues that might sink the company's appeal before its resolved, a Seventh Circuit judge signaled Thursday.

  • September 24, 2026

    Split Texas Court Finds Counsel Failures In Fatal Crash Case

    The Texas Court of Criminal Appeals on Thursday vacated the felony murder conviction of a man involved in a deadly police-pursuit crash, saying in a split habeas opinion that his trial counsel was ineffective.

Expert Analysis

  • GHG Rescission Undermines State Climate Suit Preemption

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    As the U.S. Supreme Court considers the fate of state climate litigation in Suncor Energy Inc. v. Boulder County, it must confront the fact that the U.S. Environmental Protection Agency's rescission of its greenhouse gas endangerment finding has also removed the foundation for federal preemption of state climate suits, says attorney Gregg Goldfarb.

  • 3rd Circ. Decision Sheds Light On BIPA Bank Exemption

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    The Third Circuit's recent decision in McGoveran v. Amazon illuminates how courts are extending the Illinois Biometric Information Privacy Act's financial institution carveout beyond banks and insurers to technology vendors and other businesses handling biometric data, a defendant-friendly shift that still casts uncertainty around BIPA's enforcement, say attorneys at Dorsey & Whitney.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • Series

    Moshing Makes Me A Better Lawyer

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    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • High Court Ruling Casts Doubt On Status-Based Gun Bans

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    The U.S. Supreme Court’s recent ruling in U.S. v. Hemani demonstrates that the justices are increasingly skeptical of broad theories of categorical disarmament and clarifies that dangerousness cannot simply be presumed from one's status or membership in a statutory category, such as illegal drug use, says Lee Francis at Widener Law.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

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    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • Steps For Employers After 7th Circ. BIPA Retroactivity Ruling

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    The Seventh Circuit's recent ruling in Clay v. Union Pacific sharply limits per-scan statutory damages theories in pending Biometric Information Privacy Act cases by retroactively applying a 2024 amendment, but employers should not mistake the holding for a broad safe harbor, say attorneys at Thompson Coburn.

  • How NEPA Review Has Changed Since Seven County

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    A year after the U.S. Supreme Court's decision in Seven County Infrastructure Coalition v. Eagle County instituted major changes to judicial review under the National Environmental Policy Act, courts are effectively applying the decision, but where things go from here may be up to agencies and project proponents, say attorneys at Venable.

  • A Midyear Look At Antiterrorism Act Jurisprudence And Policy

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    Plaintiffs have filed comparably fewer new actions under the Antiterrorism Act this year, though a handful of key decisions further defined the statute’s aiding-and-abetting standard and highlighted continuing risks for financial services companies, say attorneys at Skadden.

  • Justices' ICA Ruling Provides Certainty For Regulated Funds

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    The U.S. Supreme Court's recent ruling in FS Credit v. Saba that a contract-rescission provision of the Investment Company Act does not provide investors with a private right of action is a victory for the regulated fund industry, emphasizing that where Congress intended to create private remedies, it did so expressly, say attorneys at Simpson Thacher.

  • Justices' Obstruction Ruling Clears Venue-Challenge Path

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    While the U.S. Supreme Court’s recent ruling in Abouammo v. U.S. poses venue challenges for federal obstruction of justice prosecutions, it is a gift for defense counsel because it offers a clean, constitutional basis to challenge venue where a place of falsification and a place of investigation diverge, says Liz Aloi at MoFo.

  • Drawing A Line Between Settlement Pressure And Extortion

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    U.S. v. Luo, pending in the U.S. District Court for the Southern District of New York, may force courts to address anew when settlement negotiations become criminal extortion, particularly in the age of easily fabricated digital evidence, says attorney Denis Kiely.

  • Recent Cases Clarify When Risk Disclosures Trigger Liability

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    Several recent decisions highlight circumstances where risk disclosures can constitute actionable misrepresentations, providing clarity on how the Private Securities Litigation Reform Act's safe harbor and the common-law bespeaks caution doctrine apply to risk disclosures, and how publicly traded companies can guard against such claims, say attorneys at Katten.

  • Securities Class Cert., 5 Years After Goldman Ruling

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    The U.S. Supreme Court's 2021 decision in Goldman Sachs Group v. Arkansas Teacher Retirement System has not only armed defendants in securities cases with more arguments in individual class certification fights, but may also be providing greater certainty and finality in class certification battles, say attorneys at Skadden.

  • Opinion

    Md., Colo. Climate Rulings Point To Need For Federal Solution

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    As the U.S. Supreme Court prepares to review the Colorado Supreme Court's 2025 ruling in Boulder County v. Suncor U.S. Inc., which green-lit a state-level climate lawsuit, a recent conflicting ruling from the Maryland Supreme Court underscores why a uniform federal answer on climate litigation is needed now, says Phil Goldberg at Shook Hardy.

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