Appellate

  • June 26, 2026

    PACER Fees Will Rise To Fund Cyber Defense Upgrades

    The federal judiciary announced Friday it will temporarily increase the fees for electronic access to court records to pay for a potential $800 million upgrade that will modernize and strengthen court records systems PACER and CM/ECF, an upgrade it previously said is needed to respond to escalating cyberattacks.

  • June 26, 2026

    Georgia Cases To Watch In The Last Half Of 2026

    Georgia faces major litigation in the second half of 2026, including disputes over data center growth, PFAS contamination and whether companies can be forced to fund medical monitoring for people alleging no current injuries. Here, Law360 highlights some of the biggest cases to keep an eye on in the Peach State.

  • June 26, 2026

    Texas Justices Revive Fraud Suit Over Criminal Defense Fees

    The Texas Supreme Court gave a man convicted of aggravated assault another chance to claim his defense attorneys are liable for fraud, saying Friday that the doctrine that generally bars criminal defendants from suing their attorneys doesn't immunize defense counsel from tort claims.

  • June 26, 2026

    Panhandling Ban In Fla. City Unconstitutional, 11th Circ. Says

    The Eleventh Circuit ruled Friday that a city ordinance in Daytona Beach, Florida, criminalizing panhandling is unconstitutional, but vacated part of an injunction blocking its enforcement after finding that the plaintiffs did not have standing to challenge every provision of the ordinance.

  • June 26, 2026

    En Banc 4th Circ. Splits Over Stay Of DOD HIV Enlistment Ban

    The Fourth Circuit voted en banc Thursday to grant the federal government's bid to pause a lower court's permanent injunction blocking its policies excluding HIV-positive individuals from enlisting in the military, with a dissenting appellate judge writing that "the government is playing games!"

  • June 26, 2026

    Mass. Panel Revives Suit On Prison 'Anti-Racist' Book Ban

    A Massachusetts intermediate-level appeals court on Friday ruled that an incarcerated man's lawsuit can move forward alleging he was unconstitutionally denied access to a copy of "anti-racist material," despite a claim by prison administrators that the book's cover is racially charged.

  • June 26, 2026

    Messner Reeves Says $8.3M Fraud Suit Repeats Utah Case

    Colorado law firm Messner Reeves LLP has claimed in federal court that a lawsuit accusing it of stealing more than $8 million as part of a fraudulent loan scheme should be dismissed because the plaintiffs' Racketeer Influenced and Corrupt Organizations Act claims were dismissed by another court with prejudice.

  • June 26, 2026

    Contractor Not Liable For 'Obvious Danger': Texas Justices

    The Texas Supreme Court did away with an injured roofer's $4.6 million verdict against a general contractor, saying Friday that an independent contractor like the roofer cannot recover in the case of an "open and obvious danger."

  • June 26, 2026

    DOJ Asks Appeals Court To Toss ICE Facility Access Case

    The Trump administration is defending U.S. Immigration and Customs Enforcement's policy requiring seven days notice for lawmakers to visit detention facilities in the D.C. Circuit, calling for the appeals court to dismiss a lawsuit from 13 Democratic Congress members challenging the rule for lack of standing.

  • June 26, 2026

    Norfolk Southern's Post-Mallory Arguments Fail, Justices Told

    A rail worker's estate told the U.S. Supreme Court on Friday that Norfolk Southern cannot keep trying to evade a Federal Employers' Liability Act lawsuit by refashioning its constitutional challenge to Pennsylvania's business-registration statute asserting jurisdiction over the rail giant.

  • June 26, 2026

    Supreme Court Pauses Fine In Journalist's Appeal

    The U.S. Supreme Court on Friday stayed a D.C. Circuit ruling upholding a civil contempt order against former Fox News journalist Catherine Herridge, further staving off a district judge's $800-per-day fine for refusing to expose her source.

  • June 26, 2026

    Mich. Appeals Court OKs Counting Ballots With Stub Errors

    A Michigan state appeals court said in an opinion issued Friday that absentee ballots with stub discrepancies should be counted as challenged ballots, reversing a decision by the state's Court of Claims.

  • June 26, 2026

    T-Mobile Asks High Court To Refund Its $92M In FCC Fines

    T-Mobile has urged the U.S. Supreme Court to wipe out $92 million in fines it and Sprint were slapped with for selling users' location data, saying that even though the justices have declared the FCC can level such fines and companies can just refuse to pay, the telecom "did not have the benefit" of that decision at the time.

  • June 26, 2026

    At Angola Farm Line Trial, An Enduring Debate Over Slavery

    A yearslong federal case over forced agricultural labor at Louisiana's Angola prison raised questions about prison labor and its ties to slavery, but ended earlier this year with a judge's refusal to halt the practice despite finding workers remained exposed to dangerous heat. Advocates say that was a mistake.

  • June 26, 2026

    DC Circ. Affirms FDA Can Block Norwich's IBS Generic

    The D.C. Circuit on Friday backed the U.S. Food and Drug Administration's lower court win in Norwich Pharmaceuticals' challenge to the agency's refusal to approve an application to bring a generic version of a prescription antibiotic for irritable bowel syndrome to market until 2029.

  • June 26, 2026

    DC Circ. Preserves Biden-Era EPA Soot Rule

    The D.C. Circuit Friday rejected challenges from Republican states and business groups to a Biden-era rule setting tighter national limits on soot, as well as the Trump administration's request to vacate the rule.

  • June 26, 2026

    DC Circ. Backs CMS In Medicare Advantage Rating Fight

    A D.C. Circuit panel on Friday upheld the Centers for Medicare & Medicaid Services' calculation of a Louisiana insurer's Medicare Advantage star rating, rejecting the insurer's claims that the agency unlawfully included data from a contract that had been folded into another one.

  • June 26, 2026

    Texas Justices Block Harris County Immigrant Aid Funding

    The Texas Supreme Court on Friday granted Texas' bid to temporarily block a Harris County program from disbursing funds to nonprofits to provide legal services to detained noncitizens facing deportation while a state challenge proceeds.

  • June 26, 2026

    Fintech Execs Tell 11th Circ. Token Wasn't Security

    Two former executives at fintech company Hydrogen Technology Corp. have asked an Eleventh Circuit panel to vacate their convictions and sentences, arguing there was insufficient evidence to support the charges that they conspired to manipulate the market for Hydrogen's digital assets.

  • June 26, 2026

    Legal Groups Back DOL's H-2A Fine Power At High Court

    A coalition of worker advocacy and legal aid organizations urged the U.S. Supreme Court on Friday to uphold the Department of Labor's authority to collect monetary penalties from agricultural employers through its in-house adjudication system, arguing that H-2A visa program enforcement actions involve public rights that Congress may assign to the executive branch.

  • June 26, 2026

    Fla. Justices 'Recede' From Opinion On Forced-Entry Evidence

    A split Florida Supreme Court has ruled that defendants must not suppress evidence obtained under a valid search warrant where officers violated the state's "knock-and-announce" laws, walking back a previous decision.

  • June 26, 2026

    NJ Panel Vacates $1M In Damages Awarded For Boating Injury

    A New Jersey appellate panel Friday vacated a jury's award of nearly $1 million to a woman who broke her back on her longtime friend's boat, ruling that the trial court should have granted the defense's bid to extend discovery in order to respond to medical evidence presented on the eve of trial.

  • June 26, 2026

    NY Appeals Court Grants Hearing In Speedy Trial Fight

    A man sentenced to up to three years in prison for 2018 crimes including endangering the welfare of a child, stealing, violating an order of protection and harassment must have his trial delay claims addressed, a New York appeals court has ruled.

  • June 26, 2026

    5 ERISA Cases To Keep An Eye On In The Second Half Of 2026

    A U.S. Supreme Court challenge to Intel Corp.'s 401(k) investment lineup tops the list of cases benefits attorneys will be watching this summer and fall, though appeals involving health plan tobacco fees, plan forfeiture spending and a potential Eleventh Circuit precedent shift are also top of mind. Here, Law360 looks at five ERISA cases that attorneys should have on their radar as 2026 rolls on.

  • June 26, 2026

    High Court To Issue Big Decisions In Term's Final Days

    As the U.S. Supreme Court enters the final days of its term, the justices still have several major decisions to issue, including some concerning birthright citizenship, the president's power to remove independent agency officials, transgender athletes and election rules. 

Expert Analysis

  • Trump Admin's Agency Records Purge Tests Judicial Notice

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    While courts commonly take judicial notice of data in government websites and reports, the Trump administration's recent modification or wholesale deletion of these sources means that litigants must look elsewhere to support trial admission of this information, says Jon Gryskiewicz at Lewis Baach.

  • Series

    Cow Horse Makes Me A Better Lawyer

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    Moving an unwilling 800-pound cow while riding a horse at high speed is exhilarating, a little unhinged and, at least for me, a surprisingly effective training ground for litigation — both demand focus, preparation over rigid planning and the willingness to act despite fear, says Ashley Zitrin at Glenn Agre.

  • Fla. Driver Ruling Shows Renewed Focus On Privacy Standing

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    A Florida federal court's recent dismissal of a class action alleging that private driving records had been improperly used in violation of the Driver's Privacy Protection Act suggests that companies defending against privacy class actions in Florida may reconsider Article III challenges at the dismissal stage, say attorneys at Sidley.

  • 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.

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