Appellate

  • September 28, 2026

    Pa. Justices To Test Ethics Chief's Immunity In Mogul's Suit

    The Pennsylvania Supreme Court is set to examine when "high public officials" are entitled to immunity from suit, granting an allowance of appeal to one-time Philadelphia mayoral candidate and businessman Jeff Brown against the city's Board of Ethics over alleged damage to his reputation.

  • September 28, 2026

    Trump Asks Justices To Restore Fed. Prison Trans Care Ban

    The Trump administration urged the U.S. Supreme Court on Monday to halt a district court order barring the Bureau of Prisons from enforcing a ban on gender dysphoria care for transgender people incarcerated in BOP facilities, arguing the lower court stepped beyond its proper role. 

  • September 28, 2026

    'Survivor' Winner Asks 1st Circ. To Vacate $3.3M Tax Ruling

    The First Circuit should vacate a Rhode Island federal court's $3.3 million tax judgment against the first "Survivor" winner, he told the appeals court, saying a senior U.S. district judge improperly refused to review an objection he filed challenging his tax debt.

  • September 28, 2026

    Chamber Says H-1B Fee Renewal Requires Court Relief

    The U.S. Chamber of Commerce told the D.C. Circuit on Friday that President Trump's brand-new proclamation extending the $100,000 fee for new H-1B visa applications for another year confirms the need for relief in the case.

  • September 28, 2026

    Burford Eyes $1.4B Of $5.7B Patent Trial Verdict Against Apple

    Burford Capital said it is entitled to $1.4 billion of last week's historic $5.7 billion patent infringement jury verdict against Apple, but the litigation funder cautioned Monday that the massive payday could still evaporate on appeal.

  • September 28, 2026

    Louis Dreyfus Appeals Bid To Arbitrate Cotton Futures Case

    Louis Dreyfus Commodities BV is appealing to the Second Circuit after a New York federal court refused its bid to force cotton futures traders to arbitrate a long-running case over the alleged manipulation of the cotton futures market.

  • September 28, 2026

    Judge's Senior Status To Open Another 5th Circ. Vacancy

    President Donald Trump will be getting another vacancy to fill on the Fifth Circuit, as Judge Leslie Southwick told him on Monday he will be taking semiretired status.

  • September 25, 2026

    Pa. Court Backs Hospital In Suit Over Employee's Suicide

    A Pennsylvania appellate court on Friday affirmed the dismissal of a lawsuit accusing WellSpan York Hospital of causing the suicide of an employee who allegedly endured racist bullying from coworkers, finding the allegations didn't support an emotional distress claim.

  • September 25, 2026

    Kalshi Sports Contracts Aren't Financial Swaps, 6th Circ. Says

    In a closely watched decision that exacerbates an existing circuit split, a Sixth Circuit panel on Friday rejected Kalshi's assertion that the sports-related transactions made on its platform should be considered federally regulated swaps and not conventional betting subject to state gambling laws.

  • September 25, 2026

    DC Circ. Judges Clash Over Fate Of Deported Venezuelans

    Two D.C. Circuit judges did not see eye to eye during oral arguments Friday as the federal government attempted to overturn an order requiring it to facilitate the return of Venezuelan nationals it deported after a court told it not to.

  • September 25, 2026

    9th Circ. Says Overlook Of Bond Receipt Was 'Legal Error'

    A split Ninth Circuit panel ruled in a published opinion Friday that an immigration appeals board committed "legal error" by overlooking proof of receipt of a Mexican citizen's voluntary departure bond payment, which was required to reinstate his voluntary departure period.

  • September 25, 2026

    Fed. Circ. Backs Nixing Of Speech Patent In 'Hey Siri' Dispute

    The Patent Trial and Appeal Board was right to fully invalidate a speech recognition patent that Apple stands accused of infringing, the Federal Circuit held Friday.

  • September 25, 2026

    Teva, Apotex Don't Infringe Sleep Drug Patents, Judge Finds

    Generic drugmakers Teva Pharmaceuticals and Apotex Inc. have secured an order from a Delaware federal court that they do not infringe patents asserted by Vanda Pharmaceuticals that cover the sleep drug Hetlioz.

  • September 25, 2026

    FCC Insists DC District Lacks Jurisdiction In Fight With ABC

    The Federal Communications Commission again urged a D.C. federal court to jettison ABC Inc.'s legal action claiming retaliation against the network over content disliked by President Donald Trump, saying case law shows the court has no jurisdiction over the dispute.

  • September 25, 2026

    Split 6th Circ. Keeps Block On Tenn. 'Abortion Trafficking' Ban

    A split Sixth Circuit panel upheld a permanent injunction on what Tennessee calls an abortion trafficking ban, finding the law is facially overbroad and violates the First Amendment by restricting speech on access to abortions in states where that care is legal.

  • September 25, 2026

    Apple Hit With Historic $5.7B Patent Verdict

    A California federal jury said Friday that Apple owes a staggering $5.7 billion to headphone-maker Taction Technology Inc. after finding the tech giant infringed a pair of Taction's vibration technology patents, issuing the largest patent verdict in U.S. history.

  • September 25, 2026

    Conn. AG Beats Dentist's Appeal In Press Release Fight

    The Connecticut attorney general and a former social services commissioner did not violate a dentist's constitutional due process or privacy rights when they issued a press release announcing the $300,000 settlement of a False Claims Act case based on Medicaid billing claims, a state appellate panel ruled Friday.

  • September 25, 2026

    Rail Industry Wants Full 11th Circ. To Review FRA Rule

    Railroad industry groups are asking the Eleventh Circuit to hold an en banc rehearing after a split panel rejected their challenge to a 2024 Federal Railroad Administration rule requiring two-person train crews, saying the panel's decision expands agency authority and goes against Supreme Court precedent.

  • September 25, 2026

    Colo. Panel Puts Burden On Defense In Coercion Claims

    An appeals court in Colorado has ruled for the first time that an evidentiary hearing is not always necessary to determine whether statements made to police by third-party codefendants were made voluntarily.

  • September 25, 2026

    Southwest Investors Ask 5th Circ. To Revive 'Meltdown' Suit

    Southwest Airlines investors have asked the Fifth Circuit to revive their securities fraud suit, alleging the airline's 2022 holiday travel "meltdown" stemmed from outdated technology and a flawed flight route structure, and that they have provided enough evidence showing the company made false statements to the public.

  • September 25, 2026

    US To Appeal Calif. Wind Farm's $49.4M In Cash Grants

    The federal government will appeal the U.S. Court of Federal Claims' July approval of $49.4 million in additional renewable energy cash grants to the country's second-largest wind farm, which has been embroiled in a decade-old dispute over the funds, according to a filing Friday.

  • September 25, 2026

    Balancing The Scales: Concealed Carry, 'Weird' Arguments

    The Eleventh Circuit ruled that police spotting a gun protruding from a defendant’s pocket wasn’t enough to trigger reasonable suspicion in Florida, a state where concealed carry is treated as presumptively legal, and the Fifth Circuit rejected a “weird” argument from a person convicted of being a felon in possession. Here, Law360 highlights access to justice stories arising from litigation, verdicts and judgments you may have missed.

  • September 25, 2026

    How A Calif. Ruling May Ease Court Reporter Shortage Effect

    A recent California Supreme Court ruling could help low-income litigants overcome a court reporter shortage that has left millions of hearings without an official record, undermining their chances of successfully appealing court decisions. For domestic violence survivors, advocates say, that record can mean the difference between challenging a potentially dangerous court order and having no viable path to appeal.

  • September 25, 2026

    A2J At The High Court: Gun Bans, Voting And Civil Remedies

    From the right to own semiautomatic rifles to the rules governing voter registration, the upcoming U.S. Supreme Court term will see the justices tackle a broad swath of constitutional and access to justice issues.

  • September 25, 2026

    Online Gambling Co. Wins £13M Tax Appeal Over Free Spins

    A gambling company isn't liable for about £13.2 million ($17.5 million) in U.K. remote gaming duties because free spins it awarded as prizes from a game for new users qualified for an exclusion from those duties, a London court said Friday.

Expert Analysis

  • 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.

  • Steps For Employers After 7th Circ. BIPA Retroactivity Ruling

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    The Seventh Circuit's recent ruling in Clay v. Union Pacific sharply limits per-scan statutory damages theories in pending Biometric Information Privacy Act cases by retroactively applying a 2024 amendment, but employers should not mistake the holding for a broad safe harbor, say attorneys at Thompson Coburn.

  • How NEPA Review Has Changed Since Seven County

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    A year after the U.S. Supreme Court's decision in Seven County Infrastructure Coalition v. Eagle County instituted major changes to judicial review under the National Environmental Policy Act, courts are effectively applying the decision, but where things go from here may be up to agencies and project proponents, say attorneys at Venable.

  • A Midyear Look At Antiterrorism Act Jurisprudence And Policy

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    Plaintiffs have filed comparably fewer new actions under the Antiterrorism Act this year, though a handful of key decisions further defined the statute’s aiding-and-abetting standard and highlighted continuing risks for financial services companies, say attorneys at Skadden.

  • Justices' ICA Ruling Provides Certainty For Regulated Funds

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    The U.S. Supreme Court's recent ruling in FS Credit v. Saba that a contract-rescission provision of the Investment Company Act does not provide investors with a private right of action is a victory for the regulated fund industry, emphasizing that where Congress intended to create private remedies, it did so expressly, say attorneys at Simpson Thacher.

  • Justices' Obstruction Ruling Clears Venue-Challenge Path

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    While the U.S. Supreme Court’s recent ruling in Abouammo v. U.S. poses venue challenges for federal obstruction of justice prosecutions, it is a gift for defense counsel because it offers a clean, constitutional basis to challenge venue where a place of falsification and a place of investigation diverge, says Liz Aloi at MoFo.

  • Drawing A Line Between Settlement Pressure And Extortion

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    U.S. v. Luo, pending in the U.S. District Court for the Southern District of New York, may force courts to address anew when settlement negotiations become criminal extortion, particularly in the age of easily fabricated digital evidence, says attorney Denis Kiely.

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