Appellate

  • July 30, 2026

    Mich. Justices Overrule Longtime Med Mal Filing Rule

    The Michigan Supreme Court on Wednesday overturned a 20-year-old precedent that had barred many wrongful death medical malpractice lawsuits, ruling personal representatives may use the state's medical malpractice tolling statute to extend the time for filing claims after serving a required notice of intent to sue. 

  • July 30, 2026

    2nd Circ. Revives Migrant's Classwide Declaratory Relief Bid

    A New York federal court erred in decertifying a class seeking declaratory relief regarding government procedures on bond hearings for immigration detainees, the Second Circuit ruled Wednesday, finding the court improperly considered factors outside the federal procedural rule governing class actions.

  • July 30, 2026

    Kalshi Sports Offerings Appear On Shaky Ground At 6th Circ.

    A Sixth Circuit panel looked askance at Kalshi's push to have its sports event contracts shielded from state gambling regulators Thursday, pointedly questioning the prediction market giant about the difference between its offerings and traditional sports bets.

  • July 30, 2026

    Ohio Panel Says Burnt Pot Smell Justified Vehicle Search

    An Ohio appeals court has ruled that even though marijuana is legal in the state, law enforcement can use visible signs of the drug's use as probable cause to search a vehicle, as driving while intoxicated is still a crime.

  • July 30, 2026

    Ill. Atty Sanctioned For AI Slop In Starbucks Bias Suit

    A unanimous Illinois appeals court sanctioned an attorney representing a former Starbucks employee in a workplace discrimination suit after determining that he submitted briefs using false citations and quotations hallucinated by artificial intelligence software.

  • July 30, 2026

    NJ Appeals Court Approves Docs Release In Atty Bribery Case

    A former Bayonne mayoral candidate accused of accepting a bribe from an attorney is entitled to limited access to communications related to the investigation in his case, a New Jersey state appeals court ruled Thursday.

  • July 30, 2026

    Fed. Circ. Revives Schmeisser Gun Magazine Patent Suit

    The Federal Circuit on Thursday reversed a Wyoming judge's decision that found a firearm patent invalid as indefinite, reviving a preliminary injunction against a Bosnian gun part-maker that the lower court had dissolved.

  • July 30, 2026

    J&J Pans Talc Claimant's 'Absurd' Bid To Nix $25M Appeal

    In a sharply worded memo, Johnson & Johnson told the Connecticut Appellate Court that it should deny a "nonsensical" dismissal motion from a real estate developer who won a $25 million asbestos-related cancer verdict, defending its appeal of the trial court outcome as timely.

  • July 30, 2026

    Broward Sheriff Can't Duck Parkland Shooting Claims

    A Florida appeals court said Wednesday that the Broward County Sheriff must face claims from victims of the 2018 high school mass shooting in Parkland, Florida, ruling that sovereign immunity does not apply to negligence claims regarding the events on the day of the shooting.

  • July 30, 2026

    Army Asks 4th Circ. To Rethink Boarding School Burial Ruling

    The U.S. Army wants the Fourth Circuit to rethink a decision that says it must return the remains of two Indigenous children from a former Indian boarding school cemetery to a Nebraska tribe, arguing that if not reversed, it will cause confusion, likely spur more litigation and slow repatriation.

  • July 30, 2026

    3M Wins 11th Circ. Bid To Fight PFAS Suit In Federal Court

    An Eleventh Circuit panel said a judge should have let 3M Co. fight an Alabama town's lawsuit over forever chemical contamination in federal court based on its defense that some pollution may stem from firefighting foams made for the U.S. military.

  • July 30, 2026

    9th Circ. Rules 401(k) Plan Arbitration Clause Unenforceable

    A split Ninth Circuit panel refused Thursday to force individual arbitration of a former asset management company worker's proposed class action alleging 401(k) self-dealing, ruling that an arbitration provision in retirement plan documents was unenforceable because it sought to nullify rights guaranteed by federal benefits law.

  • July 30, 2026

    DA Says Trump's NY Hush Money Conviction Must Stand

    New York prosecutors told a state appellate court that President Donald Trump's 34-count felony conviction for falsifying business records is "unaffected" by the U.S. Supreme Court's watershed presidential immunity decision and should be upheld.

  • July 29, 2026

    X, Ad Group End Fight Over Alleged Ad Boycott Scheme

    Elon Musk's X will no longer pursue its claims that the World Federation of Advertisers schemed to have advertisers boycott the social media company by cutting back on or stopping ad purchases, the company and advertising trade group announced Wednesday.

  • July 29, 2026

    9th Circ. Vacates Orrick Win In Stock Transfer Deal Dispute

    The Ninth Circuit on Wednesday reversed a lower court's finding that Orrick Herrington & Sutcliffe LLP can't be held liable in a battle over a stock transfer agreement gone awry, ruling that California law does allow a party to the transfer to pursue equitable indemnity in the case.

  • July 29, 2026

    2nd Circ. Backs Ex-Shkreli Atty's 401(k) Restitution Deal

    A New York trial judge erred in rejecting a retirement-fund garnishment deal that would have protected Martin Shkreli's convicted former lawyer from tax penalties, the Second Circuit ruled Wednesday.

  • July 29, 2026

    Split 10th Circ. Revives Class Bid In 'Safer' Cig False Ad Suit

    A divided Tenth Circuit panel ruled Wednesday that a lower court should not have denied class certification to consumers who claimed Santa Fe Natural Tobacco falsely implied its Natural American Spirit cigarettes were safer than others, saying the court erroneously rejected their damages model as common proof of causation and damages.

  • July 29, 2026

    1st Circ. Mulls Temu's Bid To Reinstate Suit Against IP Atty

    A First Circuit panel seemed torn Wednesday over whether to revive Chinese e-commerce giant Temu's lawsuit accusing an intellectual property attorney of lying to induce the company into settlements with two clients.

  • July 29, 2026

    NJ Justices Clarify New-Evidence Standards In Murder Case

    The New Jersey Supreme Court on Wednesday held that one of its opinions concerning requests for retrial due to newly discovered evidence has a higher threshold than the similar U.S. Supreme Court landmark case Brady v. Maryland.

  • July 29, 2026

    8th Circ Reverses Meth User Gun Case Over New Rulings

    The Eighth Circuit has reversed a Missouri man's gun conviction, finding that a decision earlier this year from the U.S. Supreme Court changes what kind of analysis is needed to decide whether to dismiss firearms-related charges filed against known drug users.

  • July 29, 2026

    10th Circ. Trims $20M Judgment In Wyo. Coal Royalty Row

    A Tenth Circuit panel said a Wyoming federal judge erred when she ordered Bridger Coal Co. to recalculate royalty payments to Wildcat Coal LLC going back to 1986 in a dispute over payments between 2016 and 2020.

  • July 29, 2026

    Calif. Court OKs $11M Verdict In Motorcycle Crash Case

    Los Angeles' publicly owned utility provider can't avoid an $11 million judgment after one of its van drivers caused a crash that left a motorcyclist with lifelong injuries, a California appeals court ruled, saying the city couldn't meet the "almost impossible" burden needed to prove the biker's "excessive speed" substantially caused the collision.

  • July 29, 2026

    Feds Say High Court Ruling Justifies Calif. Pipeline Oversight

    The Trump administration has told the Ninth Circuit that a recent U.S. Supreme Court decision clarifying federal arbitration jurisdictional boundaries backs its assertion that it has exclusive jurisdiction over the Santa Ynez pipeline system in California.

  • July 29, 2026

    Securities Class Actions To Watch: Mid-Year Report

    A trio of circuit court appeals tied to the class certification process in shareholder suits and a U.S. Supreme Court appeal that also touches on certification are among the cases that securities litigators are keeping an eye on in the second half of 2026.

  • July 29, 2026

    7th Circ. Flips Order Keeping 5 Baby Formula Suits In Ill. MDL

    The Seventh Circuit has reversed a district court's finding that five out-of-state necrotizing enterocolitis suits should stay in Illinois-based multidistrict litigation involving similar cases over allegedly harmful formula for preterm infants, saying the lower court went "far afield" in its fraudulent joinder analysis.

Expert Analysis

  • How Pfizer Won Fed. Circ. Patent Dispute By 1 Carbon Atom

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    The Federal Circuit's recent refusal to revive a patent in Enanta Pharmaceuticals v. Pfizer over an alleged typo creating a one-atom difference in a COVID-19 treatment application hands defendants a template for potentially converting a triable fact question into an early dispositive ruling, say attorneys at Polsinelli.

  • What To Know Before Justices Rule In Title IX Employee Case

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    The U.S. Supreme Court is poised to decide whether Title IX protections extend to employees alleging sex discrimination in Crowther v. Board of Regents of the University System of Georgia, which could have significant implications for higher education institutions and their employees, say attorneys at Ropes & Gray.

  • Fed. Circ. Ruling Highlights The Cost Of Incorrect Inventorship

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    The Federal Circuit's recent decision in Fortress Iron v. Digger Specialties, affirming that a fencing company's patents were invalid due to a missing co-inventor, is a reminder that confirming correct inventorship should be a critical part of every patent invalidity workup, say attorneys at Neal Gerber.

  • Future Of Fed Independence Shaky After Justices' Ruling

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    The U.S. Supreme Court's recent ruling in Trump v. Cook preserved the Federal Reserve's formal independence but could invite the president to remove board members with just modest protections, leaving the central bank's autonomy uncertain and potentially setting up fresh clashes over other agencies, says Steven Schwinn at the University of Chicago.

  • Series

    Mich. Banking Brief: All The Notable Legal Updates In Q2

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    The second quarter brought several notable financial services law developments to Michigan, including a U.S. Supreme Court ruling on state tax foreclosures, progress on a money transmission modernization bill package, and continued legislative momentum on cryptocurrency and mortgage lending, say attorneys at Dykema.

  • Justices' Ruling Alters Playing Field For State Subpoena Suits

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    The U.S. Supreme Court’s decision in First Choice Women’s Resource Centers v. Davenport will spark more federal court challenges to state subpoenas, but procedural defenses will block some merits decisions, so plaintiffs must carefully time and manage parallel federal and state proceedings, say attorneys at Troutman.

  • Looking At Drake's Diss Track Appeal Through An IP Lens

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    Though Drake's pending Second Circuit appeal over UMG's promotion of Kendrick Lamar's "Not Like Us" is formally about defamation, it shows that IP considerations can help identify records showing how a work traveled, which may guide courts when deciding context, says attorney Abdul Abdullahi.

  • Series

    Bass Fishing Makes Me A Better Lawyer

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    Landing a trophy striped bass and closing a big deal both require cultivating the patience to finesse — not force — your way to desired outcomes, changing course when your old approach isn’t working and learning from the ones that got away, says Jon Ruiss at Alston & Bird.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q2

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    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

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    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

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    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

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    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

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    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

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    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

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    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.

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