Appellate

  • July 14, 2026

    Gov't Shouldn't Face Vax Suit Targeting Moderna, Group Says

    Conservative advocacy organization Eagle Forum Education & Legal Defense Fund on Tuesday urged the Federal Circuit to reject a proposal to shift a multibillion-dollar patent infringement case over the COVID-19 vaccine that is targeting Moderna to the federal government, saying doing so would reduce the crucial economic incentives that power innovation in the pharmaceutical industry.

  • July 14, 2026

    Norfolk Southern Asks High Court To Revisit Mallory Case

    Norfolk Southern said Tuesday that the U.S. Supreme Court's 2023 Mallory ruling invited plaintiffs lawyers to wield state business-registration laws to sue out-of-state companies, and the dispute urgently needs to be revisited to stop litigants from unconstitutionally interfering with interstate commerce.

  • July 14, 2026

    DC Circ. Asked To Force FCC's Hand On Petition Against Fox

    An advocacy group urged the D.C. Circuit Tuesday to compel the Federal Communications Commission to review Fox's character fitness as a broadcast licensee after its Philadelphia TV station aired Fox News' 2020 cable election coverage rather than let stand a staff level decision dismissing the group's petition.

  • July 14, 2026

    Mich. Panel Says Airbnb Guest Is Condo Invitee In Injury Suit

    An Airbnb guest who broke his arm after slipping on ice at a northern Michigan condominium complex can proceed with his lawsuit after a state appeals court ruled for the first time that short-term renters are invitees of condominium associations when using common areas. 

  • July 14, 2026

    10th Circ. Revives False Ad Claims Against Hill's Pet Food

    The Tenth Circuit on Tuesday revived part of a proposed class action accusing a pet food maker of falsely claiming a link between grain-free dog food and canine heart disease, holding that some of its webpages and veterinary education materials could be viewed as promoting its grain-based products through unsupported scientific claims.

  • July 14, 2026

    1st Circ. Backs CDC Ban On Importing Dogs Under 6 Months

    The First Circuit has upheld a rule requiring all dogs imported into the U.S. to be at least six months of age, saying the federal Centers for Disease Control and Prevention had shown it was a reasonable measure to fight rabies.

  • July 14, 2026

    GEO Appeals Order Letting Wash. Inspect Tacoma ICE Site

    The GEO Group Inc. has appealed to the Ninth Circuit a federal judge's order instructing the prison contractor to allow Washington state health officials access to a U.S. Immigration and Customs Enforcement processing center in Tacoma.

  • July 14, 2026

    DOJ Asks 9th Circ. Undo Trans Health Ruling Against Premera

    The federal government has backed Premera Blue Cross in its bid at the Ninth Circuit to overturn a Washington federal court's judgment that held the insurance company's coverage policy for gender dysphoria surgery is discriminatory, arguing the decision is out of line with U.S. Supreme Court precedent.

  • July 14, 2026

    DirecTV's Collusion Case Against Nexstar Survives Dismissal

    A New York federal court has refused to toss DirecTV's antitrust case accusing Nexstar Media Group of using a pair of broadcast station owners to demand excessive retransmission fees, after a split Second Circuit panel revived the claims.

  • July 14, 2026

    Fed. Circ. Won't Revive Eyewear Tech Patent Claims

    The Federal Circuit on Tuesday shot down an attempt to bring back claims in a patent covering a sensor in eyewear meant to detect human eye movement, affirming a Patent Trial and Appeal Board decision that the claims were obvious.

  • July 14, 2026

    Ceiling Tile Injury Suit Is Med Mal, Texas Panel Says

    A Texas appeals court has thrown out a woman's suit against a hospital alleging she was injured by a falling ceiling tile while waiting to give birth, saying the fact she was in the middle of medical treatment and also sought claims for lack of follow-up treatment, means her suit is medical malpractice.

  • July 14, 2026

    Justices Seek More Funds Over Increased Threats, Talk Ethics

    U.S. Supreme Court Justices Amy Coney Barrett and Elena Kagan made rare Capitol Hill appearances Tuesday, discussing the court's budget request for fiscal 2027, the "shadow docket" and ethics issues.

  • July 14, 2026

    Clinics Want Medicaid Abortion Stay Lifted After Pa. Court Win

    Allegheny Reproductive Health Center and other healthcare providers on Tuesday asked a Commonwealth Court judge to unfreeze money for Medicaid-funded abortions in Pennsylvania following the court's landmark ruling that the state's coverage exclusions for such abortions were unconstitutional.

  • July 14, 2026

    7th Circ. Backs $25K Cap On 'Business Property' Lost In Fire

    A Chubb unit properly limited coverage to $25,000 for the contents of an Illinois mansion that was destroyed in a lightning-sparked fire, the Seventh Circuit ruled, saying the use of the contents for commercial purposes barred the owner from accessing a higher $3.5 million coverage limit.

  • July 14, 2026

    Litigation Funder Can Keep Award Under Pre-Injury Case Deal

    A litigation funder can keep a $166,000 award from settlement proceeds in a personal injury case, a New Jersey state appeals court ruled Tuesday, finding the business was entitled to the payout after having covered the funding recipient's medical care.

  • July 14, 2026

    Mass. Justices Say Town's Solar Permit Denial Unjustified

    A single zoning board member's objection to tree clearing cannot be the basis for a small Massachusetts town to deny a permit for a solar array, the state's highest court ruled Tuesday.

  • July 14, 2026

    5th Circ. Undoes BP Retirees' Pension Info Suit Win

    The Fifth Circuit unraveled a Texas court's judgment against BP that held the oil giant was liable to company retirees for miscommunicating their pension benefits' value following a plan conversion, holding on Tuesday that the lower court didn't perform a rigorous enough standing analysis.

  • July 14, 2026

    Fla. Judge Denies Endorsing Violence In Courtroom Remarks

    A Florida state judge on Monday denied that his remarks from the bench endorsed violence and said his comments do not disqualify him from holding judicial office, but still expressed regret over the incident.

  • July 14, 2026

    News Orgs Need To Show AI Uses More Than Just Facts

    News organizations suing artificial intelligence companies for allegedly infringing their copyrighted content for AI training must show that chatbots are using the organizations' prose as opposed to merely uncopyrightable facts, or that the practice is diluting the market for human-made journalism, experts told Law360.

  • July 14, 2026

    Trump Lawyer Matthew Schwartz Confirmed To 2nd Circ.

    The Senate voted 50-45, along party lines, on Tuesday to confirm Matthew Schwartz, one of President Donald Trump's personal attorneys and a partner at Sullivan & Cromwell LLP, to the U.S. Court of Appeals for the Second Circuit.

  • July 14, 2026

    2nd Circ. Grants Bail To Critically Ill Detainee Pending Appeal

    A split Second Circuit panel ordered a detained Jamaican man facing deportation to be released on bail, and criticized a dissenting judge's conclusion that the man's life-threatening kidney disease and need for regular dialysis treatments were not an "extraordinary circumstance."

  • July 14, 2026

    1st Circ. Won't Revive Ex-Dartmouth Prof's Muslim Bias Suit

    The First Circuit upheld Dartmouth College's defeat of a former associate professor's lawsuit alleging he was denied tenure because he's Muslim and Arab, ruling he hadn't provided evidence demonstrating the Ivy League school manipulated its policies to his disadvantage.

  • July 14, 2026

    8th Circ. Won't Undo Pot User's Gun Conviction

    The Eighth Circuit won't vacate a man's conviction for possession of a firearm while being an unlawful drug user, finding that the government produced enough evidence to show that he fit historical laws disarming those who created "terror of the people."

  • July 14, 2026

    Trial, Appellate Judges Duel For Wash. Supreme Court Seat

    In one of the most-watched races for the five Washington State Supreme Court seats on the ballot this election season, a state appellate judge and a Seattle-area superior court judge are competing to succeed the high court's longest-sitting justice.

  • July 13, 2026

    9th Circ. Backs Block On FinCEN Border Cash Reporting Reqs

    The Ninth Circuit Monday affirmed a temporary block on a Trump administration rule that singles out cash-moving businesses along the southwest border for heightened anti-money laundering reporting, agreeing that a plaintiff money service business will likely suffer irreparable harm.

Expert Analysis

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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

  • High Court's FCC Ruling Adds To Comms Industry Paradox

    Author Photo

    The Supreme Court's recent decision in Federal Communications Commission v. AT&T, finding that the FCC's informal forfeiture process survives Seventh Amendment scrutiny, opens some doors for regulated entities, but the practical effect may be surprisingly constrained, says Jonathan Marashlian at The CommLaw Group.

  • Series

    Founding An Autism Academy Made Me A Better Lawyer

    Author Photo

    Starting a nonprofit autism school with no building, no funding model and no guarantee that families would trust us taught me the importance of mission, patience and purpose — lessons that sharpened my practice and showed how meaningful work outside the office can make lawyers better, says Phillip Russell at Ogletree Deakins.

  • Why Private Sector Should Watch Gov't DEI Firing Class Bid

    Author Photo

    Former federal employees' class certification attempt in Fell v. Trump is worth following, as their challenge of the Office of Personnel Management's elimination of DEI positions raises questions about commonality in employee classes and protections for nonminority advocacy that reach beyond the public sector, says Shaun Southworth at Southworth PC.

  • When Do Murals Qualify For IP Protection?

    Author Photo

    Artist Robert Wyland recently sued FIFA for painting over his 1999 "Ocean Life" mural to make room for a World Cup promotion in Dallas, spotlighting questions over the extent to which copyright law and the Visual Artists Rights Act protect different types of art, say attorneys at Armstrong Teasdale.

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.