Appellate

  • June 22, 2026

    Justices Say Conviction In Patz Case Was Wrongly Overturned

    The U.S. Supreme Court on Monday reversed a Second Circuit decision that wiped out a murder conviction stemming from the 1979 disappearance of six-year-old Etan Patz due to allegedly inaccurate jury instructions.

  • June 22, 2026

    Justices Seek Solicitor General's Views On Drug Pricing Law

    The U.S. Supreme Court on Monday asked the federal government to weigh in on whether it should hear the pharmaceutical industry's challenge to Oregon's drug pricing transparency law, which drugmakers say forces them to justify pricing decisions and risks exposing trade secrets.

  • June 22, 2026

    High Court Leaves Intact Mich. Drone Hunting Restrictions

    The U.S. Supreme Court on Monday declined to hear a challenge to Michigan's ban on using drones to locate downed game animals, leaving in place a Sixth Circuit ruling finding the restriction does not violate the First Amendment.

  • June 22, 2026

    High Court Won't Wade Into Fight Over CBA Leave Provision

    The U.S. Supreme Court on Monday turned down a Minnesota teachers union local's bid for review of an Eighth Circuit decision that revived a taxpayer challenge to a collective bargaining agreement's policy letting workers take paid time off to work for their union.

  • June 22, 2026

    Supreme Court Won't Review HFC Reduction Law

    The U.S. Supreme Court on Monday denied a Georgia refrigerants company's petition to review a 2020 environmental law and subsequent U.S. Environmental Protection Agency regulations requiring an 85% reduction in hydrofluorocarbon consumption by 2036, rejecting a chance to either modify or replace the "intelligible principle" test in nondelegation cases.

  • June 22, 2026

    High Court Won't Hear Dolby's PTAB Interested Party Case

    The U.S. Supreme Court on Monday rejected an appeal in which Dolby sought to require Unified Patents to name the interested parties in an unsuccessful patent challenge, leaving intact a Federal Circuit decision that Dolby cannot appeal a validity decision in its favor.

  • June 22, 2026

    Justices Decline Appeal Over Monster's $272M False Ad Win

    The U.S. Supreme Court on Monday declined to review former Vital Pharmaceuticals CEO and Bang Energy founder Jack Owoc's pro se bid to undo Monster Energy Co.'s roughly $272 million false advertising win over claims that Bang drinks contained super creatine.

  • June 22, 2026

    Justices Decline To Hear 'More Than An Athlete' TM Fight

    The U.S. Supreme Court on Monday declined to review a Federal Circuit ruling that allowed a company affiliated with LeBron James to cancel a Maryland youth nonprofit's "I Am More Than An Athlete" trademark registration based on common law rights acquired during the dispute.

  • June 22, 2026

    Justices Seek Input On NJ State Bar Diversity Challenge

    The U.S. Supreme Court has asked the federal government to weigh in on a Garden State appellate court's decision that approved a New Jersey State Bar Association system for fostering diversity in its leadership that was accused of being discriminatory.

  • June 21, 2026

    DC Circ. Sends CFPB Layoff Fight Back To District Court

    The D.C. Circuit has declined to give the Trump administration an immediate green light for a plan to lay off around half of the Consumer Financial Protection Bureau's remaining workforce, instead handing it off for a Washington, D.C., federal judge to review first.

  • June 18, 2026

    Split 6th Circ. Revives Ohio's Social Media Age Limit Law

    A divided Sixth Circuit panel Thursday wiped out a lower court's order blocking an Ohio law barring social media companies from allowing children under 16 to create accounts without parental consent, ruling that the measure does not run afoul of the Constitution.

  • June 18, 2026

    NJ Panel Reverses Go-Ahead In Disabled Student Death Suit

    A New Jersey appellate panel on Thursday renewed a public school district's bid to exit a suit accusing it of causing the death of a 14-year-old special needs student, saying it was unclear whether there were "extraordinary circumstances" justifying allowing a late filed claims notice.

  • June 18, 2026

    Ex-Wells Fargo Rep Can't Get Whistleblower Pay At Fed. Circ.

    The Federal Circuit won't revive an ex-Wells Fargo employee's suit alleging the U.S. Department of Justice won't pay her share of a $2 billion payout that settled allegations the bank misled investors about troubled loans behind its residential mortgage-backed securities, ruling Thursday the U.S. Court of Federal Claims lacks jurisdiction to review the DOJ's decision.

  • June 18, 2026

    Split 9th Circ. To Rehear Ministry's Anti-LGBTQ+ Hiring Case

    The Ninth Circuit on Thursday nixed a panel's recent ruling that the First Amendment shields a Christian ministry's practice of rejecting gay job applicants, granting Washington state's bid for a full-court rehearing while drawing protest from one appellate judge that the court has "relegated religious liberty to a second-class right."

  • June 18, 2026

    Meta Can't Undo $35M Political Ad Penalty, Wash. Justices Say

    Most of the Washington State Supreme Court justices rejected Meta's First Amendment challenge to a state political advertising disclosure law in a divided opinion, while also spurning the social media giant's argument that a $35 million penalty against it violates the Constitution's prohibition on excessive fines.

  • June 18, 2026

    Bitcoin Thief Tells 2nd Circ. Resentence Violates Constitution

    Counsel for a convicted Florida bitcoin fraudster who was sentenced to 12 years in prison for failing to pay over $20 million in restitution stemming from his role in a crypto heist on Thursday told the Second Circuit that the lower court's resentencing trampled on the constitutional rights of her client, who "never got due process at any stage."

  • June 18, 2026

    Fatal Crash Was On Pathway, Not Street, Pa. Panel Rules

    A Philadelphia suburb can't be held liable for the death of a 73‑year‑old man who was allegedly run over by his older brother who was driving in a park, a Pennsylvania state appeals court ruled Thursday, saying the 9‑foot‑wide paved pathway the crash occurred on wasn't legally a street.

  • June 18, 2026

    Fla. Court Says Death Row Inmate's New Evidence Is Too Late

    The Florida Supreme Court on Thursday ruled that a death row inmate whose case has gone before the U.S. Supreme Court cannot bring a second postconviction relief motion in state court because a deadline in state law for bringing new evidence has passed.

  • June 18, 2026

    Fed. Circ. Again Revives Valve Bid To Ax Patent In $4M Verdict

    The Federal Circuit on Thursday gave Valve Corp. yet another chance to try to invalidate rival SCUF's video game controller patent underlying a $4 million verdict, ruling that, after the appeals court revived the effort, the trial judge wrongly said Valve's arguments are barred by a prior challenge.

  • June 18, 2026

    Full Fed. Circ. Skips DePuy Bid To Redo Spine Patent Dispute

    The full Federal Circuit won't revisit a panel decision that gave new life to an inventor's suit accusing DePuy Synthes Cos. of infringing his spinal realignment method patents, letting stand the decision that faulted a lower court's handling of expert testimony in the case.

  • June 18, 2026

    Split 9th Circ. Says Feds Must Follow ESA In Water Project

    A federal regulator must comply with the Endangered Species Act as it operates a water management initiative in southern Oregon and northern California, the Ninth Circuit ruled, without adjudicating particular usage rights among irrigators, tribes and others.

  • June 18, 2026

    Tort Report: Meta Set To Face Facebook Sex Trafficking Trial

    An upcoming trial in Texas for a first-of-its-kind case against Meta and claims against a health clinic owned by a U.S. senator lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • June 18, 2026

    Feds Must Still Restore 'Truthful History' In Parks Amid Appeal

    The Trump administration cannot delay restoring information about climate change, slavery and Indigenous history to National Park Service sites by the nation's 250th anniversary while it pursues an appeal, a Massachusetts federal judge ruled on Thursday.

  • June 18, 2026

    Pennsylvania Skill Games Ruling Ups Ante For New Rules

    The Pennsylvania Supreme Court's recent ruling that skill games are subject to the same oversight as slot machines is a catalyst for lawmakers to craft a taxation and regulation framework and fuel a revenue boost Gov. Josh Shapiro has envisioned for years, experts tell Law360.

  • June 18, 2026

    Anthropic Files Protective Appeal Of Pentagon Designation

    Anthropic has filed a protective petition challenging the U.S. Department of Defense's June 3 decision reaffirming the artificial intelligence giant's designation as a supply-chain risk, asking the D.C. Circuit to consolidate it with the designation challenge already pending before the appeals court.

Expert Analysis

  • 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.

  • Justices Widen Path For Confiscated Cuban Property Claims

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    For Americans holding claims to confiscated Cuban property, the U.S. Supreme Court’s recent decision in Havana Docks v. Royal Caribbean Cruises means that the expiration of their property interest is no longer a bar and that any company using such property is now a potential defendant, say attorneys at Bracewell.

  • Your Next Litigation Hold Should Cover AI Chat Logs

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    The Delaware Chancery Court’s recent decision in Fortis Advisors v. Krafton to treat a CEO’s artificial intelligence chats as substantive evidence is being read as a discovery warning to litigators, but there is a second duty-to-preserve lesson that is especially pertinent to in-house counsel, say attorneys at Faegre Drinker.

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