Appellate

  • September 01, 2026

    8th Circ. Backs $110M Deal For NAR Broker Fees Suit

    The Eighth Circuit sided against class action settlement objectors Tuesday and affirmed $110.6 million worth of settlements in antitrust class actions alleging the National Association of Realtors and brokerages followed anticompetitive NAR rules that artificially inflated broker commissions.

  • September 01, 2026

    Unified, Industry Orgs. Again Push Justices On PTAB Policies

    Unified Patents, Clearing House Payments subsidiary Askeladden and a series of industry groups have continued pressing the U.S. Supreme Court to accept petitions addressing the U.S. Patent and Trademark Office's patent review authority, this time in a case brought by Tesla.

  • September 01, 2026

    Colo. Panel Mulls Enviro Groups' Challenge To Emission Rule

    Environmental advocacy groups urged a Colorado appellate court to revive their challenge to a state agency's rule on emissions monitoring, arguing Tuesday that the rule allows most polluters to escape certain monitoring requirements by paying a fee, while the judges focused counsel on questions of statutory interpretation.

  • September 01, 2026

    Patent Owner Urges Fed. Circ. To Rethink Marking Decision

    A patent licensing company has urged the Federal Circuit to reconsider its ruling that patent owners must ensure that all licensees mark their products with patent information in order to recover presuit damages, saying the holding flouts the law and creates risks for patent owners.

  • September 01, 2026

    HHS Seeks 9th Circ. Review Of Tribal Opioid Clinic Order

    The U.S. Department of Health and Human Services has appealed to the Ninth Circuit for a review of a lower court order requiring the HHS' Indian Health Service to fund a Pechanga Band of Indians' opioid treatment facility.

  • September 01, 2026

    Foreign Air Carriers To Challenge FCC Altimeters Order

    The International Air Transport Association is challenging a Federal Communications Commission order requiring aircraft serving the United States to upgrade their radio altimeters but limits reimbursements to domestic carriers.

  • September 01, 2026

    DC Circ. Backs Fair Use Repairs On Med Device Software

    The D.C. Circuit on Tuesday ruled that using copyrighted data and computer programs for the purpose of repairing medical devices falls under the fair use exemption, rejecting a challenge from two industry groups that wanted to compel the Library of Congress to revise its rules on the issue.

  • September 01, 2026

    BioMarin To Get Royalties From Ascendis Under IP Settlement

    Ascendis Pharma will pay BioMarin Pharmaceutical Inc. royalties under an agreement resolving their patent disputes over competing treatments for children with a certain genetic disorder, ending proceedings at the U.S. International Trade Commission, in California federal court and other venues.

  • September 01, 2026

    11th Circ. Sends Coal Workers' Race Bias Suit To Trial

    The Eleventh Circuit reinstated a suit Tuesday from two Black workers who claimed a coal company fired them out of race bias, stating the court can't overlook evidence that a white worker fired the same day for the same conduct was allowed back while the Black employees remained terminated.

  • September 01, 2026

    Former In-House Atty May Take Whistleblower Claim To Trial

    An Illinois state appellate panel has revived a whistleblower claim a medical device company's former in-house counsel lodged alleging he was fired for refusing to "hide or park" money in the intellectual property division's budget, while upholding the company's early win on other claims.

  • September 01, 2026

    11th Circ. Backs Emory In Worker's Age Bias Suit

    The Eleventh Circuit affirmed a win for Emory University in a dispute with a former administrator who claimed she was fired due to her age, saying she waived her challenge by not objecting to a magistrate judge's report and didn't meet the heightened standard for plain error review.

  • September 01, 2026

    NLRB Urges Full DC Circ. To Respect Its Policy Views

    The National Labor Relations Board urged the full D.C. Circuit on Tuesday to rethink a recent panel decision limiting the court's regard for the agency's legal positions in a vigorous defense of the board's policymaking power after the U.S. Supreme Court scrapped a sweeping deference doctrine.

  • September 01, 2026

    Split 9th Circ. Rejects Biden-Era Entry Rule

    A now-expired Biden-era rule limiting asylum eligibility for noncitizens entering from the southern border ran afoul of the Immigration and Nationality Act, the Ninth Circuit ruled, noting the INA allows noncitizens to seek asylum regardless of how they entered.

  • September 01, 2026

    10th Circ. Revives Aviation Workers' Arbitration Fight

    The Tenth Circuit reversed a district court ruling exempting aviation customer service workers from arbitration, finding Tuesday that the lower court misread the Supreme Court's framework for determining when workers fall outside the Federal Arbitration Act by focusing on individuals rather than their job class as a whole.

  • September 01, 2026

    Machine Guns, Silencers Aren't Protected By 2nd Amendment

    A self-described "alt-right" conservative podcaster cannot have his firearms convictions overturned because a federal law banning machine guns does not violate his Second Amendment rights, the Third Circuit ruled Tuesday.

  • September 01, 2026

    Mich. Court Upholds City In Worker Racism Retaliation Suit

    A split Michigan Court of Appeals panel rejected whistleblower and civil rights claims filed by a former employee of a Detroit suburb, finding insufficient evidence to show a connection between a city councilman's alleged racist comments and her firing.

  • September 01, 2026

    Orgs Say 401(k) Forfeiture Suit Ignores Fed. Regulations

    The U.S. Chamber of Commerce and an employer benefit advocacy group urged the Second Circuit to back the dismissal of a suit claiming a marketing company illegally used forfeited 401(k) funds to pay for plan contributions, stating the practice has been allowed by decades-old federal regulations.

  • September 01, 2026

    Justices Asked To Again Tackle SEC Disgorgement

    A Florida-based broker-dealer is petitioning the U.S. Supreme Court to hear another case targeting the disgorgement powers of the U.S. Securities and Exchange Commission, saying the court "left open" a question about victim identification after it last ruled on the issue earlier this year.

  • September 01, 2026

    NC Bar Defends Discipline Of Former Judge To Top Court

    The North Carolina State Bar's decision to punish a former judge for actions he took while on the bench is not an attack on judicial independence, the bar argued in urging the state's top court not to take up an appeal challenging an order of discipline against him.

  • September 01, 2026

    11th Circ. Rules Qui Tam Provisions Don't Violate Constitution

    The Eleventh Circuit on Tuesday held that the False Claims Act's qui tam provisions do not violate the appointments clause of the U.S. Constitution, maintaining private citizens' ability to sue entities on behalf of the United States for allegedly defrauding the federal government.

  • September 01, 2026

    FCC Tells Justices To Keep Campaign Ad Pricing 'Status Quo'

    The Federal Communications Commission has joined a call for the U.S. Supreme Court to lift a Fourth Circuit order blocking it from extending discounted television and radio advertising rates to committees that buy spots in coordination with political candidates, urging the justices to maintain the "status quo," despite allegedly inconsistent characterizations of the norm. 

  • September 01, 2026

    Fired FTC Commissioner Joins NYU Law Center As Sr. Fellow

    Rebecca Kelly Slaughter, the former Federal Trade Commission commissioner whose firing led to the U.S. Supreme Court ruling on the president's power to fire members of independent agencies, announced on Tuesday that she is headed to New York University School of Law for the next chapter of her legal career.

  • September 01, 2026

    Image Search Technology Raises New Copyright Questions

    Technology that can uncover decade-old online images is testing the practical limits of copyright’s discovery rule, as courts weigh reasonable diligence against the reality that sophisticated search tools still miss infringement and defendants may no longer possess records proving authorization.

  • September 01, 2026

    Temporary Tariffs Exceeded Trump's Power, Fed. Circ. Told

    President Donald Trump illegally based his temporary tariffs on the misapplication of a law allowing the president to address balance-of-payment deficits, two businesses told the Federal Circuit, pushing the court to preserve a U.S. Court of International Trade ruling against the tariffs.

  • September 01, 2026

    NJ College Absolved Of Gender Bias For Not Reinstating Prof

    A New Jersey federal jury sided with The College of New Jersey over a professor who alleged the college's finance department was run like an old boys' club, finding the college did not discriminate or retaliate against the professor over her reappointment.

Expert Analysis

  • 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.

  • Justices Stand On Statutory Specifics In Cisco And Landor

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    With its June 23 decisions in Cisco Systems Inc. v. Doe and Landor v. Louisiana Department of Corrections and Public Safety, the U.S. Supreme Court doubled down on the critical point that the statute invoked in a federal claim must authorize a private lawsuit and the remedy sought, says Patrick Judd at Phelps Dunbar.

  • Justices' Concurrences Foretell Fault Line On Appeal Waivers

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    The U.S. Supreme Court recently ruled 8-1 in Hunter v. U.S. that appeal waivers that produce a miscarriage of justice are unenforceable, but the decision's concurrences indicate future divisions over whether this exception will be used as a rare safety valve or to police ordinary but troubling plea errors, say attorneys at RJO.

  • How Montgomery Ruling Will Affect Cos. Across Supply Chain

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    Since the U.S. Supreme Court's May 14 decision in Montgomery v. Caribe Transport II, the immediate focus has been on freight brokers and negligent carrier-selection claims, but the ripple effects may extend to shippers, logistics providers, insurers, transportation managers and other participants in the supply chain, say attorneys at Quintairos Prieto.

  • High Court's FCC Fine Ruling Reframes Agency Enforcement

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    The U.S. Supreme Court's recent decision in Federal Communications Commission v. AT&T sweeps aside uncertainty about what kinds of regulatory enforcement trigger a Seventh Amendment right, say attorneys at Squire Patton.

  • How 6th Circ. Tightened NLRB Injunction Standard

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    The Sixth Circuit's recent ruling in Kerwin v. Trinity Health Grand Haven Hospital, dissolving a Section 10(j) injunction obtained by the National Labor Relations Board against an employer that refused to bargain, will make it harder for the NLRB to obtain injunctions while prosecuting unfair labor practice proceedings, say attorneys at Bass Berry.

  • After Durnell, Connecting Science And Causation Will Be Key

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    The U.S. Supreme Court's June 25 decision in Monsanto v. Durnell narrowed label-based failure-to-warn claims — meaning that going forward, viable theories will depend even more on whether experts can reliably connect scientific evidence to the causal proposition the law requires, says Alex Smolak at Weill Cornell Medicine-Qatar.

  • Series

    Choral Singing Makes Me A Better Lawyer

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    Singing in the New York City Bar Chorus — a hobby partly inspired by the late U.S. District Judge Richard Owen, who infused my clerkship year with opera music — has improved my legal career by refining my abilities to listen, exude confidence and develop emotional intelligence, says Bonnie Baker at Friedman Kaplan.

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