Appellate

  • 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.

  • August 21, 2026

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen former Liberal Democrat MP Mark Oaten sue a fur auction house, private equity and pensions magnate Edmund Truell hit by a commercial fraud claim and Charles Russell Speechlys file a contract claim against two of its previous clients in the Middle East.

  • August 20, 2026

    Abbott Inks $670M Deal To End Some Preterm Formula Claims

    Abbott Laboratories announced Thursday that it has agreed to pay about $670 million to partially resolve ongoing litigation alleging its specialty baby formula caused premature babies to suffer a disabling intestinal condition.

  • August 20, 2026

    Jay-Z Appeals Buzbee Win In Rapper's Defamation Suit

    Music mogul Jay-Z's counsel fought uphill Thursday to convince a California state appeals court to revive claims that Texas attorney Tony Buzbee defamed and extorted him by roping him into a sexual abuse suit against Sean "Diddy" Combs, arguing in court that a trial court erroneously read evidence in Buzbee's favor.

  • August 20, 2026

    Fla. Panel Says Tribe Can Intervene In Parental Rights Case

    A Florida appeals court has reversed a lower court's denial of the Stillaguamish Tribe of Indians' request to intervene in a parental rights case, saying the tribe has the right to intervene under the Indian Child Welfare Act at any point in the proceeding.

  • August 20, 2026

    FTC Slams Amgen's Antitrust Shield Argument At 4th Circ.

    The Federal Trade Commission has urged the Fourth Circuit to reject Amgen's "sweeping" assertion that commercial agreements for acquiring the rights to patent applications are shielded from antitrust scrutiny, saying the company's position in an appeal related to blockbuster autoimmune drug Enbrel is a threat to longstanding understandings of antitrust law.

  • August 20, 2026

    10th Circ. Backs Immunity In Shooting Of Man Aiming At K-9

    The Tenth Circuit has upheld a grant of qualified immunity to four Colorado police officers who fatally shot a man after he drew a gun on a police dog during an armed standoff, saying a lawsuit filed by his estate failed to show officers clearly violated his constitutional rights.

  • August 20, 2026

    Coal Co. Loses 4th Circ. Challenge To Black Lung Benefits

    The Fourth Circuit on Thursday upheld a Black Lung Benefits Act award to a former underground electrician, finding that an administrative law judge reasonably relied on two medical experts who linked his chronic lung problems to nearly 12 years of coal mine work.

  • August 20, 2026

    Fla. Panel Reinstates $6.8M Injury Verdict Against Walmart

    A Florida state appeals court has reinstated a $6.8 million verdict awarded to a woman severely injured after she was struck by a pallet jack while shopping, saying a retrial was unwarranted because there was insufficient evidence jurors improperly discussed the case.

  • August 20, 2026

    Woman's Hit-And-Run Injuries Not Covered, 8th Circ. Says

    A woman struck by a vehicle while crossing the street is not entitled to uninsured motorist coverage under her employer's auto policy, the Eighth Circuit ruled Thursday, saying she was not an insured under the policy because she was not occupying a covered vehicle at the time of the incident.

  • August 20, 2026

    9th Circ. Revives Can-Am Fuel Claims Against Sinclair, Glovis

    A unanimous Ninth Circuit panel on Thursday revived Can-Am Fuel Distribution LLC's federal franchise claims against Sinclair Oil LLC and Glovis America Inc., holding the companies' licensing agreements are covered by the Petroleum Marketing Practices Act despite an "unusual variation" in the parties' relationship.

  • August 20, 2026

    11th Circ. Saves Delta-Aeromexico Joint Venture

    The Eleventh Circuit on Thursday handed Delta Air Lines and Aeromexico a decisive win by vacating a U.S. Department of Transportation order directing them to dismantle their nearly decadelong joint venture, saying the DOT applied a skewed standard and made unsupported findings about the partnership's purported anticompetitive effects.

  • August 20, 2026

    Colo. Panel OKs Suspect's DNA Collection From Trash

    A divided Colorado state appeals court panel Thursday ruled that investigators did not need a warrant to collect a cold-case murder suspect's DNA from garbage he left in a publicly shared dumpster, saying abandoned property is not subject to privacy protections.

Expert Analysis

  • Class Actions At The Circuit Courts: May Lessons

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    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

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    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

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    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.

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    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

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    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

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    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

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    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.

  • Becoming The Biz-Savvy GC That Portfolio Companies Need

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    Candidates for general counsel roles at private equity-backed portfolio companies should prioritize proving their sector-specific experience, commercial judgment and ease with uncertainty — and attorneys hoping to be candidates in five to 10 years should start working on those skills now, says Dimitri Mastrocola at Major Lindsey.

  • Nielsen Appeal Tests Antitrust Limits Of Pricing And Bundling

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    In Cumulus v. Nielsen, the Second Circuit is considering a structural pattern in which a monopolist exploits upstream market power to foreclose downstream competition, which could potentially offer broad insight into how courts will assess exclusionary bundling and pricing defenses under antitrust law, says Luke Hasskamp at Bona Law.

  • Series

    Judges On AI: How Courts Can Survive The Tech Revolution

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    Colorado Supreme Court Justice Maria Berkenkotter and Colorado Court of Appeals Judge Lino Lipinsky de Orlov discuss how artificial intelligence has already fundamentally altered the legal system and offer tips for courts navigating deepfakes, hallucinations and a gap in access to AI tools.

  • 'Skinny Label' Arguments Spotlight Induced Infringement Risk

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    Recent oral arguments before the U.S. Supreme Court in Hikma Pharmaceuticals v. Amarin Pharma highlight the uncertain boundary between lawful generic competition through so-called skinny labels and induced patent infringement, with potential implications for patent holders’ communication, enforcement and causation strategies across industries, says Anton Hopen at Trenam.

  • A Framework For Habeas Relief After 5th Circ. Bond Ruling

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    Following the Fifth Circuit’s recent Buenrostro-Mendez v. Bondi decision foreclosing statutory bond for detained nonimmigrants not deemed admitted to the U.S., lawyers should adopt a framework that requests habeas relief pursuant to the Fifth Amendment’s due process clause, says Kemal Hepsen at Mandamus Lawyers.

  • 4th Circ. Ruling Will Rewrite Class Action Litigation Strategies

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    The Fourth Circuit's recent decision in Oliver v. Navy Federal Credit Union is the first from a federal circuit court to hold that motions to strike are inappropriate vehicles for challenging class allegations at the pleading stage, invalidating a tactic that had been used for decades, says Jim Francis at Francis Mailman.

  • Startup Founder Disputes Increasingly Turn On Governance

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    Recent Delaware developments suggest that as courts place increasing emphasis on board process, independence and oversight in founder-led startups, the growing intersection of governance, technology risk and investor oversight is accelerating both the emergence and escalation of founder disputes, says mediator Frank Burke.

  • 3 AI Adoption Mistakes GCs Should Avoid

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    The pressure in-house legal teams face to quickly adopt artificial intelligence tools, combined with budget constraints and the need to evaluate a crowded market of options, sets the stage for implementation mistakes that are often difficult to undo, says former 23andMe general counsel Guy Chayoun.

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