Appellate

  • June 18, 2026

    NY High Court Upholds Mandatory Judge Retirement Age

    New York's highest court Thursday affirmed a ruling that rejected jurists' challenges to the Empire State's mandatory retirement age of 70 for state judges and justices, finding that the centuries-old constitutional mandate doesn't conflict with a recent state civil rights amendment banning age discrimination.

  • June 18, 2026

    20-Year-Old's Life Sentence Upheld By Mich. Panel

    A Michigan appeals court panel upheld a parolable life sentence for a woman who was 20 years old when she took part in a 2007 drive-by shooting that left two people dead, finding that recent Michigan Supreme Court rulings limiting life sentences for young offenders do not apply to her case.

  • June 18, 2026

    6th Circ. Nixes Ex-Detroit Riverfront CFO's Sentencing Appeal

    A former Detroit Riverfront Conservancy chief financial officer cannot challenge his 19-year prison sentence for stealing more than $40 million from the nonprofit because he waived his appellate rights in his plea agreement, a Sixth Circuit panel has determined, dismissing his appeal. 

  • June 18, 2026

    Ohio Justices Clear Interactive Brokers Of $25M Scheme

    The Ohio Supreme Court said Thursday that Interactive Brokers LLC cannot be held liable for a failed $25 million investment scheme run by a now-deceased customer, finding that the relevant state statute requires a firm to provide more than routine account services to be held liable for a customer's scheme.

  • June 18, 2026

    2nd Circ. Skeptical Of Avangrid Worker's Age Bias Claims

    A Second Circuit panel Thursday seemed skeptical of an Avangrid Management Co. employee's attempt to resurrect an age discrimination lawsuit, appearing to accept the company's assertion that it passed the Connecticut worker over for a lead financial reporting analyst position because another candidate was better qualified.

  • June 18, 2026

    Trump Lawyer Advances In Senate Judiciary Noms Vote

    The nomination of Matthew Schwartz to be a judge on the Second Circuit advanced out of committee Thursday.

  • June 18, 2026

    5 Big ERISA Litigation Developments From 2026's First Half

    The U.S. Supreme Court's acceptance of a petition challenging Intel's 401(k) investment lineup and a Fourth Circuit ruling unraveling a class of Genworth Financial retirement plan participants headlined the court developments that caught benefits attorneys' attention in the first six months of 2026. Here, Law360 looks at those and other noteworthy ERISA decisions.

  • June 18, 2026

    Ex-Court Clerk Wants Murdaugh Jury-Tampering Suit Dismissed

    Disgraced attorney Alex Murdaugh cannot tie the money he spent on his criminal defense in his since-nullified murder trial back to a former court clerk's alleged jury tampering, so his lawsuit over that tampering should be tossed, the former clerk told a South Carolina federal court Thursday.

  • June 18, 2026

    Mass. Top Court Blocks Income Tax Cut From Ballot

    A proposal to cut Massachusetts' income tax rate from 5% to 4% over three years was blocked from the November ballot by the state's top court Thursday, which said it contained significantly misleading information.

  • June 18, 2026

    Judiciary Cites AI Deepfakes In Opposing Courtroom Cameras

    Two bipartisan bills to bring cameras into federal courtrooms advanced Thursday, but the policymaking body for the federal judiciary continues to oppose them and raised the issue of deepfakes in the age of artificial intelligence.

  • June 18, 2026

    High Court Bars Federal Review Of State Court Appeals

    The U.S. Supreme Court ruled Thursday that a legal doctrine designed to curtail duplicative litigation prevents parties who lose in state court from appealing in federal district court even if the state case is still pending.

  • June 18, 2026

    Justices Allow Gun Rights For Marijuana User

    U.S. Supreme Court justices ruled Thursday that the federal government cannot bar a drug user from owning guns, saying that the prosecution of a Texas man accused of owning a gun while being a marijuana user was inconsistent with the Second Amendment right to bear arms.

  • June 18, 2026

    High Court Carves Out Exception For Criminal Appeal Waivers

    The U.S. Supreme Court ruled 8-1 Thursday that criminal defendants who agree in plea deals not to appeal their sentences can still appeal if the sentence would result in a "miscarriage of justice."

  • June 17, 2026

    Eli Lilly Urges Full Fed. Circ. To Scrap Teva's $177M IP Win

    Eli Lilly & Co. urged the full Federal Circuit Wednesday to review a panel ruling that upheld Teva's $177 million jury verdict on headache drug patents, arguing that the panel's decision runs afoul of the justices' Amgen holding and "opens a truck-sized hole in enablement and written description law."

  • June 17, 2026

    Hikma Ruling Raises Patent Pleading Bar Beyond Drug Cases

    The U.S. Supreme Court's decision this month that shut down a patent suit against Hikma Pharmaceuticals USA over a drug using a so-called skinny label could also make it more challenging to plead induced infringement in cases involving other technologies, attorneys say.

  • June 17, 2026

    Tribe Can Take Cannabis Raid Loss To 9th Circ. After Judgment

    A California federal court has cleared the way for the Round Valley Indian Tribes and three tribal members to immediately appeal to the Ninth Circuit the dismissal of their claims that two counties' cannabis enforcement raids on their reservation violated federal law.

  • June 17, 2026

    Ga. Justices Take Up Fight Over Fulton Board Seats

    The Georgia Supreme Court will hear an appeal of a ruling that Fulton County, Georgia's commission did not have to appoint two Republicans to the county's five-member elections board.

  • June 17, 2026

    Fla. Panel Backs Prison Time For Luxury Car Theft Kid

    A man found guilty of stealing luxury cars worth millions as a juvenile cannot have his 15-year prison sentence revoked, a Florida appeals court said Wednesday, finding that his youthful offender community control status was correctly rescinded after he failed to complete boot camp and committed a new crime.

  • June 17, 2026

    ITC, Masimo Tell Full Fed. Circ. To Skip Apple Watch Review

    Masimo Corp. and the U.S. International Trade Commission have pushed back on Apple's request for full Federal Circuit rehearing of a panel decision finding an older version of the Apple Watch infringes Masimo's patents, saying Wednesday the case isn't exceptional enough for such scrutiny.

  • June 17, 2026

    Amazon Urges Fed. Circ. To Halt Patent Suit In Texas

    Amazon has asked the Federal Circuit to force a Texas federal court to pause a suit accusing it of infringing a pair of Headwater Research LLC patents while a similar suit against Google plays out.

  • June 17, 2026

    Hearings Deemed Unnecessary In Some 3rd Country Removals

    The Board of Immigration Appeals said Wednesday that an immigration judge erred in determining that an evidentiary hearing was necessary before deciding whether a Cuban national should be deported to Ecuador under that country's asylum cooperative agreement with the U.S.

  • June 17, 2026

    Fla. Panel Upholds Class Cert. In Apartment Fire Suit

    A Florida appellate panel Wednesday upheld a lower court's class certification for several individuals suing a condominium association over being displaced by a Miami apartment fire, finding objective criteria were used to define the group of people seeking recovery for relocation costs and loss of personal items. 

  • June 17, 2026

    4th Circ. Won't Revive Journalists' Social Media Bias Suits

    The Fourth Circuit refused Wednesday to reopen lawsuits alleging two journalists were fired by a U.S.-funded Middle Eastern media network because they're Iraqi, concluding they couldn't overcome the organization's explanation that the employees violated its social media policy requiring neutrality.

  • June 17, 2026

    6th Circ. OKs 30-Month Medical Fraudster Kickback Sentence

    The Sixth Circuit has ruled in a published opinion that a 30-month prison sentence was correctly calculated for a Tennessee man who was convicted of violating federal anti-kickback laws with his fraudulent door-to-door medical marketing firm.

  • June 17, 2026

    Fed. Circ. Affirms No Block On Stryker Spine Device In IP Fight

    The Federal Circuit on Wednesday agreed with a lower court decision rejecting Boston Scientific Corp.'s request to temporarily block Stryker Corp. from launching a back pain device, saying Stryker made a good enough case that it didn't cause physicians to infringe a patent on the treatment.

Expert Analysis

  • 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.

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

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    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

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    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

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    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.

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