Appellate

  • July 01, 2026

    NC Panel Says Worker Shooting Suit Belongs In Commission

    A North Carolina appellate panel on Wednesday sent a widower's suit over the shooting death of his wife by a coworker to the state's Industrial Commission, saying that new evidence produced after a previous appeal shows that the shooting was work-related and therefore falls under the state's Workers' Compensation Act.

  • July 01, 2026

    8th Circ. Keeps Missouri's 340B Contract Pharmacy Law Alive

    The Eighth Circuit declined Wednesday to temporarily block a Missouri law that bars drugmakers from imposing restrictions on federally funded providers that contract with pharmacies to distribute discount drugs in the 340B drug discount program.

  • July 01, 2026

    6th Circ. Affirms Mich. Airport PFAS Suit Belongs In State Court

    The international airport in Grand Rapids, Michigan, has failed at its second attempt to push into federal court Michigan's lawsuit over forever plastic pollution, allegedly caused by firefighting foam the airport used, after the Sixth Circuit ruled that the airport already tried identical arguments in the previous appeal.

  • July 01, 2026

    Panel Upholds Dentist's Conviction In Law Professor's Murder

    A Florida appeals court on Wednesday upheld the conviction of a periodontist found guilty in the murder-for-hire of Florida State University law professor Dan Markel, finding that the lower court did not err when it denied the defendant's request to move the trial from Tallahassee.

  • July 01, 2026

    3rd Circ. Tests FERC's Attention To Public Input In Hydro Case

    A Third Circuit panel Wednesday dug into whether the Federal Energy Regulatory Commission really listened to the concerns of residents of York County, Pennsylvania, about its initial approval of a hydroelectric project they claimed could lead to ecological and property damage.

  • July 01, 2026

    7th Circ. Backs Fraud Conviction Over WhatsApp Evidence

    The Seventh Circuit on Tuesday affirmed the wire fraud and money laundering conviction of a man who challenged the admission of incriminating WhatsApp messages between him and an uncharged co-conspirator into evidence, saying the government's use of his own pretrial discovery disclosures to authenticate the messages didn't violate his constitutional right to testify.

  • July 01, 2026

    4 Big Colorado Rulings So Far In 2026

    Insurance law took center stage in Colorado's appellate courts during the first half of 2026, but civil rights litigation produced its own notable mark on the landscape. Here, Law360 breaks down four major rulings in Colorado courts from the first half of 2026.

  • July 01, 2026

    3rd Circ. Says Hidden Bank Accounts Count As Tax Evasion

    The Third Circuit found a Pennsylvania insurance business owner guilty of two counts of tax evasion, affirming Wednesday a lower court jury's conclusion that he willfully concealed a bank account on 2016 tax forms while the IRS was pursuing collection action against him.

  • July 01, 2026

    Split Fed. Circ. Backs Block On Generic Of Otsuka Neuro Drug

    A split Federal Circuit panel on Wednesday supported a lower court's temporary block on Hetero Labs from selling a generic version of Otsuka's neurological disorder drug, even as it disagreed with the decision to waive Otsuka's requirement to post a bond while the case proceeds.

  • July 01, 2026

    5th Circ. Says Vape Co. Deserves Jury Trial For $19K HHS Fine

    A split Fifth Circuit panel has thrown out a $19,192 civil penalty against a Texas vape seller issued by the Department of Health and Human Services, saying the company is entitled to a jury trial under the Seventh Amendment and recent U.S. Supreme Court precedent.

  • July 01, 2026

    Pa. Court's Verizon Tower Approval Comes With New Test

    A Pennsylvania appellate court Wednesday set new standards for wireless providers like Verizon to seek local zoning variances, upholding approval of a Lehigh County cell tower while throwing out old Federal Communications Commission guidance on interpreting the Telecommunications Act of 1996.

  • July 01, 2026

    Judiciary Dems Seek DOJ Replies Before Blanche Hearing

    Ahead of acting Attorney General Todd Blanche's confirmation hearing for the permanent position, Democrats on the Senate Judiciary Committee are demanding he provide answers to their outstanding oversight inquiries.

  • July 01, 2026

    3rd Circ. Nixes Life Term In Fatal Drug Sale Case

    The Third Circuit vacated a life sentence issued to a man convicted of selling drugs that ultimately killed the buyer, ruling Wednesday that while his conviction was valid, the lower court improperly considered prior state law drug convictions in fashioning the sentence.

  • July 01, 2026

    Michigan Launches New, Simplified Court Forms

    For the first time since 1979, the Michigan State Court Administrative Office is rolling out new, simplified court forms meant to increase access to justice.

  • July 01, 2026

    NC Panel Revives Constitutional Fight Over Vendor Ordinance

    The ability of local governments to regulate street vendors does not prevent a merchant in the Outer Banks from mounting a constitutional challenge against a city ordinance that restricted her ability to run a pop-up artists market, the North Carolina Court of Appeals said in an opinion switched Tuesday from unpublished to published.

  • July 01, 2026

    Chen Says Herridge Must Name Source Even Under Her Test

    A woman claiming that an FBI agent smeared her by leaking confidential records to then-Fox News journalist Catherine Herridge told the U.S. Supreme Court not to halt Herridge's contempt finding and $800-per-day fine any longer, saying that even under Herridge's preferred test, she would still have to identify her source.

  • July 01, 2026

    Wash. Atty Loses Bid For Jury In Dispute Over Bar Sanctions

    A Washington lawyer sanctioned and disciplined for bringing a "frivolous" election suit in 2021 against then-Gov. Jay Inslee has lost her bid to have her ethics charges heard by a jury, with a state appeals panel finding no error in a trial court's ruling that it lacked jurisdiction to take on the disciplinary matter.

  • July 01, 2026

    Fed. Circ. OKs Rejection Of 'Mon Ami' Dog Treat TMs

    The Federal Circuit on Wednesday refused to revive a bid to register "Mon Ami" as trademarks for dog treats, agreeing with the Trademark Trial and Appeal Board's finding that the marks were too similar to an earlier mark.

  • July 01, 2026

    White House Recordkeeping Suit Paused While Gov't Appeals

    A D.C. federal judge has paused a suit accusing the Trump administration of skirting White House recordkeeping rules while the government appeals the preliminary injunction granted last month.

  • July 01, 2026

    Medical Marijuana Cos. Seek To Back DOJ In DC Circ.

    Two medical marijuana companies are seeking to intervene in a pending legal challenge to a U.S. Department of Justice final rule loosening federal restrictions on state-sanctioned medical cannabis, saying they would be harmed by the rule's rescission.

  • July 01, 2026

    Plea Deals Get Scrutiny In 'Hunter,' But Justices Stay Cautious

    The shock for Mary Fan came almost immediately after she began her career as a federal prosecutor in Southern California in the mid-2000s.

  • June 30, 2026

    2nd Circ. Backs NY Gas Appliance Ban In Split With 9th Circ.

    New York City and the Empire State can enforce their laws effectively banning fossil-fuel appliances in new buildings, the Second Circuit ruled Tuesday, splitting from the Ninth Circuit in rejecting trade groups and unions' arguments that the statutes run afoul of federal law.

  • June 30, 2026

    Justices' Birthright Ruling Leaves Little Room For Congress

    The U.S. Supreme Court's 5-4 holding Tuesday that President Donald Trump's executive order limiting birthright citizenship is unconstitutional did more than invalidate the policy, it effectively foreclosed Congress from trying to implement the executive order through legislation, experts told Law360.

  • June 30, 2026

    Texas Court Sends 4 Asbestos Suits Out Of MDL Court

    A Texas appeals court on Tuesday found that multiple families of people who died following diagnoses of asbestos-related malignancies can remand their cases back to the courts they initially filed in, saying the multidistrict litigation rules do not apply to their cases.

  • June 30, 2026

    Morgan & Morgan Wins Bid To Arbitrate Ga. Malpractice Suit

    A Georgia appellate panel on Tuesday sent to arbitration a legal malpractice case accusing Morgan & Morgan of inducing a former auto collision client to accept a $750,000 settlement when the case was purportedly worth more, saying a broad arbitration clause in the representation agreement was valid and enforceable.

Expert Analysis

  • Federal Officer Removal After Justices' La. Pollution Ruling

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    In the wake of the U.S. Supreme Court's recent ruling in Chevron USA v. Plaquemines Parish, companies seeking to use federal officer removal to move litigation out of state court should ask three questions, focusing on government contract language, federally directed activity and related conduct, say attorneys at Hollingsworth.

  • Series

    Competing At Poker Makes Me A Better Lawyer

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    Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

  • Revisiting TransUnion's Underused Standing Rule, 5 Years On

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    The Ninth Circuit Court of Appeals' recent use of the U.S. Supreme Court’s now five-year-old TransUnion v. Ramirez rule specifying that the "mere risk of future harm" isn't concrete enough to support a damages claim presents an opportunity to revisit this underutilized standing rule, say attorneys at Horvitz & Levy.

  • 5 Things Associates Must Ask About Their Firm's Merger Plan

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    The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

  • Uncertainty Looms After Justices' Withdrawal Liability Ruling

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    The U.S. Supreme Court's recent holding in M&K Employee Solutions v. Trustees of the IAM National Pension Fund increases the unpredictability of withdrawal liability assessments, so employers should prepare for a range of assessments and be equipped to challenge unreasonable ones, say attorneys at Winston Taylor.

  • CFTC Trading Rule Can't Police Prediction Markets Yet

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    The Commodity Futures Trading Commission’s recent efforts to police insider trading in prediction markets through a post-Dodd-Frank anti-fraud rule exposes doctrinal gaps around misappropriation theory, leaving platforms to fill the void with win-rate-based surveillance, says attorney Tamara de Silva.

  • Columbia Software IP Ruling Tests Royalty Damages Model

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    The Federal Circuit's recent decision in Columbia University v. Gen Digital, vacating a damages verdict involving foreign software sales, provides guidance on ambiguities surrounding the worldwide royalty damages model established by the court's decision in Brumfield v. IBG two years ago, say attorneys at Munger Tolles.

  • Turning To The Courts When PBM Reform Falls Short

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    The effectiveness of state laws intended to regulate pharmacy benefit managers remains uncertain, but litigation — utilizing tried-and-true theories like breach of contract and fair dealing — offers another mechanism through which stakeholders may seek relief from PBMs, say attorneys at Reed Smith.

  • Opinion

    Immigration Appeals Rule Would Prevent Meaningful Review

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    Justice Stephen Breyer’s book “Making Our Democracy Work” offers a useful lens through which to consider what is at stake for the Executive Office for Immigration Review's legitimacy as the government asks the D.C. Circuit to revive an interim final rule that would have fast-tracked decisions by Board of Immigration Appeals, says Tara Kennedy at Kennedy Law.

  • 2 'Rocket Dockets' And The Rules That Propel Them

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    The fastest civil trial courts in the country are currently in the Eastern District of Virginia and the Southern District of Florida, and their chief judges provide insights into the court rules that keep them ahead, says Robert Tata at Hunton.

  • Retailer Risk Reduction Tips As Email Marketing Suits Surge

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    Amid a flood of email marketing lawsuits following last year's Washington Supreme Court ruling in Brown v. Old Navy, retailers seeking to avoid high litigation costs can take several steps to reduce risks by focusing on their email subject lines advertising sales, says Gonzalo Mon at Kelley Drye.

  • Why Nuclear Licensees Must Watch 2nd Circ.'s Holtec Review

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    In reviewing a New York federal court's preemption ruling concerning disposal of nuclear materials, the Second Circuit must confront the lower court's recognition of a purpose-based path to field preemption, which could be game-changing for nuclear material licensees, says Andrew Averbach at Womble Bond.

  • Calif. Ruling Lowers Bar For Health Data Breach Claims

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    The California Supreme Court's ruling in J.M. v. Illuminate Education offers protection for non-healthcare companies that maintain health-related data but also adopts a new and more plaintiff-favorable standard for breach of confidentiality that companies maintaining any health-related data should address, say attorneys at Cooley.

  • Florida Atty Fees Ruling Could End Expert Testimony Mandate

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    For over 60 years, Florida appellate courts have required an evidentiary hearing and expert testimony to support the reasonableness of an attorney fee award, but the Florida Sixth District Court of Appeal's recent Ruffenach v. Deutsche Bank National Trust ruling could make substantive changes to this requirement, say attorneys at RumbergerKirk.

  • Texas Ruling Leaves Key Oil Royalty Question Unresolved

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    The Texas Supreme Court's recent decision in Fasken Oil and Ranch v. Puig clarifies that royalty reservations containing “free of cost forever” language do not bar deduction of post-production costs — but it leaves open whether prices producers report to royalty owners should reflect what unaffiliated buyers would pay, says Robert Foss at Hinds Feat Advisors.

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