Appellate

  • July 29, 2026

    Lowe's Coverage Row, NASCAR Team Tiff: NC Midyear Report

    The North Carolina courts are teeing up for a busy second half of 2026, including readying for a multimillion-dollar insurance trial with Lowe's and speeding through discovery in a high-profile trade secrets dispute involving former NFL coach Joe Gibbs' championship NASCAR team.

  • July 28, 2026

    11th Circ. Sides With Lockheed Martin In Toxic Exposure Suits

    The Eleventh Circuit on Tuesday refused to disturb a Florida federal court's decision excluding testimony from plaintiffs' experts in a pair of suits claiming Lockheed Martin allowed toxic waste to leach into the area surrounding its Orlando facility, ruling that both experts' testimony fell short of evidentiary requirements.

  • July 28, 2026

    Trump Asks Supreme Court To Upend $83M Carroll Verdict

    President Donald Trump urged the U.S. Supreme Court Tuesday to wade in and overturn a jury's $83.3 million verdict finding he defamed writer E. Jean Carroll after she accused him of a decades-old sexual assault, pointing to the justices' decision giving presidents sweeping immunity for official acts.

  • July 28, 2026

    Randy Quaid Loses Bid To Undo $3.5M Calif. Property Ruling

    Actor Randy Quaid and his wife cannot overturn a $3.5 million judgment awarded to a California couple who bought a Santa Barbara property that once belonged to the Quaids, an appeals court ruled Tuesday, finding substantial evidence supporting claims that the Quaids' false ownership assertions damaged the property's marketability.

  • July 28, 2026

    NJ Nursing Home On Hook For Hypothermia Death Verdict

    A New Jersey appellate panel on Tuesday affirmed a $450,000 jury verdict against a nursing home accused of negligently keeping a resident's room like an "icebox," which caused her death from hypothermia, saying the verdict was supported by sufficient evidence.

  • July 28, 2026

    1st Circ. Asked To Save Mayer Brown $21M Fee Bid In RI Suit

    The American Trucking Associations told the First Circuit that its attorneys at Mayer Brown LLP reasonably justified their request for $21 million in fees and costs after securing "substantial" wins in long-running litigation over Rhode Island's truck tolling program, disputing a district court's determination that the trucking trade group wasn't actually a "prevailing party."

  • July 28, 2026

    States Back Guam Group In High Court Disposal Permit Fight

    A coalition of states has told the U.S. Supreme Court that the U.S. Air Force must comply with separate, complementary environmental laws over its permit renewal application to detonate expired munitions in Guam, arguing the laws have distinct aims.

  • July 28, 2026

    Colo. Panel Questions If Concert Easement Appeal Is Moot

    A Colorado Court of Appeals panel Tuesday largely sidestepped the underlying statutory questions in a mountain town's appeal over the dismissal of its case seeking condemnation of an easement over a concert series, instead pondering why they were being asked to rule on the appeal at all.

  • July 28, 2026

    1st Circ. Wary Of Reinstating 'Fork In The Road' Suit

    A First Circuit judge on Tuesday questioned the repercussions of a court nixing the Trump administration's deferred-resignation program more than a year after federal workers accepted the buyouts. 

  • July 28, 2026

    Climate Change Suit Must Proceed, Boulder Tells High Court

    The city and county of Boulder, Colorado, have urged the U.S. Supreme Court to let stand a Colorado Supreme Court decision allowing their climate change tort against Exxon Mobil and Suncor Energy to proceed, arguing that the justices shouldn't short-circuit the state court proceedings.

  • July 28, 2026

    Mass. Justices Affirm New Trial In '93 Murder Case

    Massachusetts' highest court ruled Tuesday that a decades-old murder conviction based on eyewitness testimony cannot stand, citing new DNA evidence and other information that called into question the reliability of a key witness.

  • July 28, 2026

    Wash. Panel Upholds DoorDash's $14.5M Insurance Penalty

    DoorDash must pay $14.5 million in taxes and penalties for failing to pay its Dashers' industrial insurance premiums each quarter from 2017 to 2019, Washington appellate judges ruled Tuesday, finding the Dashers were covered workers under state law since their personal labor was the essence of their contracts.

  • July 28, 2026

    DC Circ. Backs EPA's Pollution Review Regulation Process

    A D.C. Circuit panel sided with the U.S. Environmental Protection Agency in its fight with environmental groups challenging rules for determining whether modifications to major pollution sources trigger new review, holding Tuesday the rule is neither inconsistent with the Clean Air Act nor arbitrary and capricious.

  • July 28, 2026

    Cannabis User Urges 8th Circ. To Rehear Gun Case

    A man convicted of possessing a pistol while using marijuana is urging the Eighth Circuit to rehear his case, arguing that its prior decision to uphold his guilt conflicts with the appeals court's prior ruling requiring the government to prove that a person's drug use caused their dangerous behavior.

  • July 28, 2026

    11th Circ. Weighs Waiver In $12.2M Solar Farm Coverage Case

    An Eleventh Circuit panel grappled Tuesday with whether Zurich American Insurance Co. should be freed from a $12.2 million verdict finding it shortchanged a Georgia solar farm's storm damage claim, with one judge seeming to side with the farm's argument that a waiver of a flood deductible was possible.

  • July 28, 2026

    No COVID Immunity For Mich. Hospitals In Malpractice Revival

    Just because a motion is unopposed doesn't mean it should be granted, Michigan appellate judges said in a published opinion Tuesday, reversing a trial court's decision that the Pandemic Health Care Immunity Act shielded Beaumont Hospital Farmington Hills from a medical malpractice suit.

  • July 28, 2026

    3rd Circ. Upholds Alecto Health's Small-Biz Ch. 11 Plan

    The Third Circuit affirmed Tuesday that hospital owner Alecto Healthcare Services' streamlined Chapter 11 and the resulting plan confirmation withstood an appeal by a creditors' group.

  • July 28, 2026

    2nd Circ. Says Racist Mass Shooter Can Face Death Penalty

    The Second Circuit has determined that the federal government can seek the death penalty for a white supremacist, Payton S. Gendron, who murdered 10 Black people and wounded three others during a May 2022 mass shooting at a supermarket in Buffalo, New York, that he partly livestreamed.

  • July 28, 2026

    8th Circ. Keeps Some Claims Alive In Jail Macing Suit

    The Eighth Circuit has partially revived a lawsuit brought by four incarcerated people in a St. Louis jail, finding that guards at the facility should not be granted complete qualified immunity from claims that they used excessive force.

  • July 28, 2026

    4th Circ. Says DOL Can Argue In Lockheed Pension Suit

    A Fourth Circuit panel granted the U.S. Department of Labor's request to participate in oral arguments for a Lockheed Martin Corp. appeal challenging a Maryland federal judge's refusal to dismiss a proposed class action challenging a $9 billion pension risk transfer.

  • July 28, 2026

    Pa. Panel Narrows Test For Tax Exemption On Charities' Land

    A Pennsylvania appeals court panel held Tuesday that the Salvation Army was wrongly denied a real estate tax exemption for an outdoor retreat by the organization, saying that the entire property was operated in keeping with the group's charitable mission.

  • July 28, 2026

    Fed. Circ. Won't Rethink Expert Decision In Microsoft Case

    The Federal Circuit has turned down Microsoft's request that it revisit a panel's decision that reopened the damages amount issue in a patent infringement case brought against the tech giant by Israeli company Exafer Ltd.

  • July 28, 2026

    Court Is In Session Whenever A Judge Says It Is, 6th Circ. Told

    Court is wherever and whenever a judge says it is, counsel for a Detroit judge told a Sixth Circuit panel Tuesday, arguing that subjecting a student to a mock arrest and trial because she fell asleep during a field trip was within his jurisdiction.

  • July 28, 2026

    High Court Asked To Take Another Settled Expectations Case

    E-learning company Kahoot Inc. is pushing the U.S. Supreme Court to take up its challenge to the U.S. Patent and Trademark Office's practice of using settled expectations as a reason to deny patent reviews, marking the second petition before the high court on the issue.

  • July 28, 2026

    1st Circ. Skeptical That JPMorgan AI Tool Broke Mass. Law

    A First Circuit panel appeared doubtful Tuesday that an artificial intelligence-powered applicant screening tool used by JPMorgan Chase & Co. constituted the kind of lie detector test that Massachusetts law bars employers from using in interviews. 

Expert Analysis

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q2

    Author Photo

    The year's second quarter brought several notable banking law developments to New York, including a proposal to align state stablecoin rules with the federal Genius Act, fresh fair lending and cybersecurity guidance from state regulators, and a significant Second Circuit holding on preemption, say attorneys at Ashurst Perkins Coie.

  • PacifiCorp Ruling Shows Limits Of Aggregate Wildfire Loss Models

    Author Photo

    An Oregon appeals court's recent decision in James v. PacifiCorp illustrates that in litigation involving multiple wildfires, materially different causation theories, and evidence tied to particular fires and locations, a single undifferentiated damages model is vulnerable to attack, say Paige Van Oosten and Jason Kim at Hunton and Kevin Cahill at FTI Consulting.

  • Roundup

    The Most Talked-About Supreme Court Decisions Of 2026

    Author Photo

    This term, 11 U.S. Supreme Court decisions quickly became hot topics among Law360's guest writers.

  • A New Defense For Medicaid Fraud Cases In Texas

    Author Photo

    The Texas Supreme Court decision in LabCorp v. Texas last month, finding that the state's False Claims Act requires proof that an omission is material, is among the first to establish that the government's lack of reaction to the defendant's disclosures rendered alleged omissions immaterial, say attorneys at Sheppard.

  • Fighting The Evidentiary Risks Of Deepfakes In Court

    Author Photo

    Though courts and federal rules are only slowly developing frameworks for assessing digital evidence that could have been created or generated by artificial intelligence, litigators should understand what steps they'll likely need to take to successfully challenge potentially deepfaked exhibits — and fight questions about the authenticity of their own, say attorneys at MoFo.

  • Justices' Cuba Ruling Narrowly Recasts Sovereign Immunity

    Author Photo

    The U.S. Supreme Court recently allowed Exxon Mobil's bid for $1 billion in damages for Cuban-seized property to proceed, but the ruling's doctrinal significance is in treating the Helms-Burton Act as a later, specific and self-contained statutory displacement of the default jurisdictional immunity regime, says Josep Galvez at 4-5 Gray's Inn.

  • 'Tiger King' Funeral Clip Ruling Offers Fair Use Road Map

    Author Photo

    The Tenth Circuit's decision in Whyte Monkee v. Netflix that the streaming service's use of another party's funeral footage in the docuseries "Tiger King" constituted fair use lays out a framework for producers to apply the four statutory fair use factors to their own projects, says Frank D’Angelo at Loeb & Loeb.

  • Justices Stand On Statutory Specifics In Cisco And Landor

    Author Photo

    With its June 23 decisions in Cisco Systems Inc. v. Doe and Landor v. Louisiana Department of Corrections and Public Safety, the U.S. Supreme Court doubled down on the critical point that the statute invoked in a federal claim must authorize a private lawsuit and the remedy sought, says Patrick Judd at Phelps Dunbar.

  • Justices' Concurrences Foretell Fault Line On Appeal Waivers

    Author Photo

    The U.S. Supreme Court recently ruled 8-1 in Hunter v. U.S. that appeal waivers that produce a miscarriage of justice are unenforceable, but the decision's concurrences indicate future divisions over whether this exception will be used as a rare safety valve or to police ordinary but troubling plea errors, say attorneys at RJO.

  • How Montgomery Ruling Will Affect Cos. Across Supply Chain

    Author Photo

    Since the U.S. Supreme Court's May 14 decision in Montgomery v. Caribe Transport II, the immediate focus has been on freight brokers and negligent carrier-selection claims, but the ripple effects may extend to shippers, logistics providers, insurers, transportation managers and other participants in the supply chain, say attorneys at Quintairos Prieto.

  • High Court's FCC Fine Ruling Reframes Agency Enforcement

    Author Photo

    The U.S. Supreme Court's recent decision in Federal Communications Commission v. AT&T sweeps aside uncertainty about what kinds of regulatory enforcement trigger a Seventh Amendment right, say attorneys at Squire Patton.

  • How 6th Circ. Tightened NLRB Injunction Standard

    Author Photo

    The Sixth Circuit's recent ruling in Kerwin v. Trinity Health Grand Haven Hospital, dissolving a Section 10(j) injunction obtained by the National Labor Relations Board against an employer that refused to bargain, will make it harder for the NLRB to obtain injunctions while prosecuting unfair labor practice proceedings, say attorneys at Bass Berry.

  • After Durnell, Connecting Science And Causation Will Be Key

    Author Photo

    The U.S. Supreme Court's June 25 decision in Monsanto v. Durnell narrowed label-based failure-to-warn claims — meaning that going forward, viable theories will depend even more on whether experts can reliably connect scientific evidence to the causal proposition the law requires, says Alex Smolak at Weill Cornell Medicine-Qatar.

  • Series

    Choral Singing Makes Me A Better Lawyer

    Author Photo

    Singing in the New York City Bar Chorus — a hobby partly inspired by the late U.S. District Judge Richard Owen, who infused my clerkship year with opera music — has improved my legal career by refining my abilities to listen, exude confidence and develop emotional intelligence, says Bonnie Baker at Friedman Kaplan.

  • Attorney Mental Health Is An Ethical Obligation In The AI Era

    Author Photo

    As attorneys cope with the increasing unpredictability that artificial intelligence and constant policy changes have created, particularly in practice areas where they carry the emotional weight of clients’ most consequential life events, otherwise soft discussions about self-care are a matter of professional competence, says attorney Jack Jrada.

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.