Appellate

  • July 23, 2026

    PTAB Revives Ioengine Data Patent In Roku Reexam Case

    The Patent Trial and Appeal Board has reversed an examiner's decision to strike claims in an Ioengine LLC data processing patent that was challenged by Roku, faulting the examiner's reading and application of relevant pieces of prior art.

  • July 23, 2026

    8th Circ. Says Vendor Didn't Show Major Harm In Bank IP Fight

    The Eighth Circuit on Thursday upheld a Missouri federal judge's refusal to block Commerce Bank from using software that a vendor alleges was developed with its trade secrets, ruling the vendor failed to show it was likely to suffer harm that could not be remedied later.

  • July 23, 2026

    Panel Says Interest Must Wait Until Drilling Costs Are Repaid

    A Colorado appellate panel unanimously held Thursday in a first impression ruling that the holder of an overriding royalty interest carved out of a nonconsenting oil and gas owner's stake can't collect payments until consenting owners who fronted development costs have recovered those costs and a statutory penalty.

  • July 23, 2026

    Firm Must Share Sanctions In Door IP Suit, Fed. Circ. Says

    The Federal Circuit on Thursday refused to let a law firm off the hook for about $23,000 in sanctions implemented by a federal judge for not complying with a discovery order in a door manufacturing patent case, ruling that the judge did not improperly rely on a letter the firm said he did.

  • July 23, 2026

    Creek Freedmen Sue Tribe To Enforce Citizenship Ruling

    Members of the Muscogee Creek Black Freedmen are asking a federal court to block officials with Oklahoma's Muscogee (Creek) Nation from denying them citizenship, saying in a lawsuit brought Thursday that those governmental leaders are defying a tribal Supreme Court ruling that gave them the right.

  • July 23, 2026

    AstraZeneca Immune In Vax Trial Contract Suit, 10th Circ. Says

    The Tenth Circuit on Thursday overturned a lower court ruling that AstraZeneca lacked immunity from an experimental COVID-19 vaccine trial participant's lawsuit seeking medical compensation after she suffered debilitating injuries, saying a federal statute providing immunity for vaccine developers covers her contract breach claims.

  • July 23, 2026

    Red States Back DOT In DC Circ. Immigrant Driver Rule Fight

    Florida and 22 other GOP-leaning states have urged the D.C. Circuit to uphold the U.S. Department of Transportation's new restrictions on commercial drivers' licenses for foreign truckers, saying motorists and highways must be protected from threats posed by large commercial vehicles driven by unqualified truckers.

  • July 23, 2026

    2nd Circ. Revives Fired Benefit Fund Worker's ADA Suit

    The Second Circuit said Thursday that an ex-employee should get a second shot at his claim that a union benefit fund failed to accommodate his pulmonary embolism complications, stating the lower court needed to weigh disputes about whether his request to change service routes was reasonable.

  • July 23, 2026

    Squires To Review 2024 PTAB Ax That Followed Vidal Ruling

    U.S. Patent and Trademark Office Director John Squires on Thursday said he is going to review a 2-year-old Patent Trial and Appeal Board decision that found claims in an EagleView Technologies patent on measuring roofs to be invalid.

  • July 23, 2026

    CGL Cases To Watch In The 2nd Half Of 2026

    Heading into the back half of 2026, insurance attorneys can expect federal and state courts to interpret how general liability policy language applies to some of the industry's biggest emerging risks. Law360 Insurance Authority breaks down three CGL-related cases.

  • July 23, 2026

    Mich. Parent Tells 6th Circ. School Limited Her Free Speech

    Counsel for a Michigan parental rights advocate told a Sixth Circuit panel on Thursday that a cease and desist letter from a Lowell Area Schools administrator barring her from contacting teachers directly violated the parent's First Amendment rights, even though the letter provided a process for Stefanie Boone to communicate through administrators.

  • July 23, 2026

    Seagate Urges Justices Not To Review NHK Antitrust Case

    Seagate Technology LLC is urging the U.S. Supreme Court not to review a Ninth Circuit decision reviving portions of its price-fixing suit against NHK Spring Co. Ltd., arguing that NHK's petition mischaracterizes how the Ninth Circuit applied the Foreign Trade and Antitrust Improvements Act.

  • July 23, 2026

    Hawaii, Green Groups Fight EPA Rebuff Of Regional Haze Plan

    Hawaii and environmental groups asked the Ninth Circuit on Wednesday to overturn a U.S. Environmental Protection Agency decision to partially reject a plan the Aloha State submitted to improve air quality in national parks that would have retired some older power plants.

  • July 23, 2026

    Colo. Panel Clarifies Worker Retaliation Claim Requirements

    The Colorado Court of Appeals held for the first time Thursday that two Colorado statutes meant to close gender pay gaps do not require workers to allege gender discrimination, partially reviving a former human services caseworker's retaliation case against the county department she had worked for.

  • July 23, 2026

    Colo. Panel Clarifies Reach Of Insurer Responsibility Law

    The Colorado Insurance Code's reference to "unfair business practices" in a statute governing insurers' responsibility for the acts of their producers is not limited to various "unfair methods of competition" and "unfair or deceptive acts or practices," a state appeals court said in a matter of first impression Thursday.

  • July 23, 2026

    Mich. High Court Says Pot Smell Not Grounds For Car Search

    Police can't search a vehicle without a warrant based only on probable cause that someone committed a civil marijuana infraction, the Michigan Supreme Court ruled Wednesday, finding that the state's interest in enforcing a minor violation doesn't outweigh a driver's Fourth Amendment rights. 

  • July 23, 2026

    Mo. Panel Says Exclusion Bars Mallinckrodt Opioid Coverage

    A Missouri appellate court upheld a win for a group of insurers on their arguments that a "your products" policy exclusion applied to bar coverage of alleged damages from drugmaker Mallinckrodt's unbranded marketing of opioid products.

  • July 23, 2026

    Ga. Panel Says Closed Courtroom For Child Testimony OK

    The Georgia Court of Appeals has ruled that a man convicted of sex crimes was given a fair trial even though the courtroom was temporarily closed while his 12-year-old victim was allowed to testify because state law requires that the identity of juvenile witnesses be protected.

  • July 23, 2026

    Pa. AG Criticizes 'Inadequate' Felony Murder Sentence Bill

    Pennsylvania Attorney General Dave Sunday has urged lawmakers to reject a proposed new sentencing framework for people convicted of second-degree murder, calling a proposal amended Thursday too lenient even as a deadline set by the state's Supreme Court draws near.

  • July 23, 2026

    6th Circ. Challenges Exoneree's Fabricated Evidence Claim

    A Sixth Circuit panel on Thursday questioned whether a Michigan man who spent more than two decades in prison before his assault convictions were vacated had done enough to revive his civil rights suit accusing Detroit police officers of fabricating and withholding evidence during the investigation that led to his arrest.

  • July 23, 2026

    Third Murder Trial Not Double Jeopardy, 3rd Circ. Says

    The Third Circuit ruled on Thursday that a Pennsylvania man is not eligible for habeas corpus relief after he was made to face trial over the same murder three separate times, because a state court previously ruled he was correctly convicted and the retrials did not violate double jeopardy rules.

  • July 23, 2026

    11th Circ. Upholds Toss Of Cuban Cigar Trafficking Suit

    The Eleventh Circuit on Thursday upheld the dismissal of a lawsuit brought against British companies accused of trafficking cigars from a factory nationalized by the Cuban government, ruling that the lower court lacked jurisdiction. 

  • July 23, 2026

    Mass. Justices Say Health Board Can't Halt Verizon Tower

    A western Massachusetts city's health board lacked the power to order a Verizon cell tower to shut down due to health concerns, the state's highest court ruled Thursday.

  • July 23, 2026

    State High Courts Issue Top 2026 Specialty Insurance Rulings

    State high courts took the lead on specialty line insurance issues in the first half of 2026, including on cyber recovery disputes and the nuances of directors and officers coverage. Law360 has a midyear look.

  • July 23, 2026

    Chemours Tells 4th Circ. To Deny Refrigerant Antitrust Suit

    DuPont spinoff The Chemours Co. FC LLC urged the Fourth Circuit not to revive an antitrust suit from a refrigerant distributor alleging it was effectively denied access to a key refrigerant, arguing Wednesday that there's nothing monopolistic about refusing to sell "on the plaintiff's own preferred terms."

Expert Analysis

  • Series

    Power To The Paralegals: Burnout As A Structural Problem

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    Law firm leadership can best retain their paralegals not by encouraging self-care, but by seeking top-down structural solutions for the quiet proliferation of responsibilities and the vicarious exposure to client trauma that particularly drive burnout in this vital role, says Erika Sneeringer at Brockstedt Mandalas.

  • Managing Post-IEEPA Tariff Refunds, Replacements And Risks

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    Companies and investors reeling from the rapid changes resulting from February's U.S. Supreme Court ruling that the International Emergency Economic Powers Act doesn't authorize tariffs should focus on understanding the duty refund process, the likely replacement tariffs and the operational ways they can minimize their tariff exposure, say attorneys at Debevoise.

  • 11th Circ. Ruling Reflects Shift In Digital Consent Frameworks

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    The Eleventh Circuit's recent decision in Tejon v. Zeus Networks that a browsewrap terms-of-service hyperlink was insufficiently conspicuous to bind a consumer to an arbitration agreement could accelerate a broader industry shift to clickwrap as the baseline for enforceable digital consent, say attorneys at Sheppard.

  • Class Actions At The Circuit Courts: June Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five recent rulings from cases involving allegations of internet data misuse, consumer fraud claims, immigration, insurance and First Amendment violation claims.

  • Fed. Circ. In May: Being Precise About 'About'

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    The Federal Circuit's decision in Enviro Tech v. Safe Foods last month illustrates the danger in attempting to expand claim scope with words of approximation, potentially causing claims to be invalid for lack of definiteness, say attorneys at Knobbe Martens.

  • Justices' FCC Fine Ruling May Weaken Agency Leverage

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    The U.S. Supreme Court's decision in Federal Communications Commission v. AT&T upheld the commission's forfeiture framework as consistent with Jarkesy, but it is also likely to reduce the effectiveness of the commission’s forfeiture proceedings as a collection and deterrence tool, say attorneys at Venable.

  • Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

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    An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

  • Google Antitrust Case Puts Spotlight On De Facto Exclusivity

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    Mozilla's recent amicus filing in U.S. v. Google arguing that its agreement to make Google the default search engine did not amount to de facto exclusivity highlights the growing debate over traditional indicators of exclusivity, with implications for any business that uses rebates, preferred contracts or volume incentives, says Chris Gowen at WilmU Farnan School of Law.

  • Justices' Montgomery Ruling Doesn't Expand Shipper Liability

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    Whether negligent hiring liability claims against shippers will increase after the U.S. Supreme Court's decision last month in Montgomery v. Caribe Transport II is anyone's guess, but the ruling itself will have no impact on shippers' actual liability in personal injury claims relating to trucking accidents, says Ronald Leibman at McCarter & English.

  • GHG Rescission Undermines State Climate Suit Preemption

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    As the U.S. Supreme Court considers the fate of state climate litigation in Suncor Energy Inc. v. Boulder County, it must confront the fact that the U.S. Environmental Protection Agency's rescission of its greenhouse gas endangerment finding has also removed the foundation for federal preemption of state climate suits, says attorney Gregg Goldfarb.

  • 3rd Circ. Decision Sheds Light On BIPA Bank Exemption

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    The Third Circuit's recent decision in McGoveran v. Amazon illuminates how courts are extending the Illinois Biometric Information Privacy Act's financial institution carveout beyond banks and insurers to technology vendors and other businesses handling biometric data, a defendant-friendly shift that still casts uncertainty around BIPA's enforcement, say attorneys at Dorsey & Whitney.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • Series

    Moshing Makes Me A Better Lawyer

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    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

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

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    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

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    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.

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