Appellate

  • May 13, 2026

    Fed. Circ. Backs Google PTAB Wins That Moot $12M Verdict

    The Patent Trial and Appeal Board properly invalidated all claims of the five Flypsi Inc. telecom patents Google LLC was found to infringe, the Federal Circuit said Wednesday.

  • May 13, 2026

    Creek High Court Ends Freedmen Citizenship Contempt Bid

    The (Muscogee) Creek Supreme Court won't hold the tribe's citizenship board or executive branch in contempt over an order that gives citizenship to those once enslaved by the Indigenous nation, saying the governmental entities have shown that they're taking steps to comply with the directive, albeit slowly.

  • May 13, 2026

    Mass. Audit Fight Not Over As AG Is Ripped For Comments

    Massachusetts' auditor said Wednesday that she may file more litigation over her ongoing bid to audit the state legislature, sharply pushing back on statements by the state attorney general that suggested any review would be cabined.

  • May 13, 2026

    Split 6th Circ. Affirms $1 Damages In Touch Screen Tech Case

    A split panel of the Sixth Circuit has upheld a $1 damages award that a Michigan federal judge gave to electronics manufacturer Oldnar Corp., with two judges saying they agreed that Oldnar had not proved higher damages with reasonable certainty.

  • May 13, 2026

    11th Circ. Nixes Ala. Teacher's Bid To Redo Pay Bias Trial

    The Eleventh Circuit declined Wednesday to revive pay discrimination and retaliation claims from an Alabama public school administrator, rejecting her arguments that a defense verdict won by her school district could not stand.

  • May 13, 2026

    Samsung Secures Indemnity Win In IP Case At Fed. Circ.

    The Federal Circuit on Wednesday backed a California federal judge's ruling that a contract under which Finelite buys LED chips from Samsung does not require Samsung to indemnify Finelite in a patent suit by Seoul Semiconductor.

  • May 13, 2026

    Mass. Justices OK Lotto License Denial Over 'Moral Character'

    Massachusetts' highest court on Wednesday reinstated a decision by state regulators to deny a lottery license to the owner of several convenience and liquor stores based on a finding that he lacked "good moral character" despite being acquitted on rape charges.

  • May 13, 2026

    Florida Panel Bars 2nd Death Penalty Atty At Public Expense

    A man charged with murder can't have a free additional attorney appointed to defend him in a capital case, a Florida state appeals court said Wednesday, finding in a reversal that since he had privately paid for primary counsel, under state law, he couldn't have gratis help, despite now being indigent.

  • May 13, 2026

    Fed. Circ. Sides With Roku Over Axed Remote Patent

    A decision from the Patent Trial and Appeal Board that invalidated a patent covering remote control technology asserted against Roku Inc. was affirmed by the Federal Circuit on Wednesday.

  • May 13, 2026

    Fed. Circ. OKs Lululemon Win On Nike Fitness Tracking Patent

    A Federal Circuit panel on Wednesday, in a one-line order, affirmed the Patent Trial and Appeal Board's determination that Nike's infringement claims against Lululemon Athletica Inc. related to fitness-tracking technology were invalid.

  • May 13, 2026

    10th Circ. Skeptical Of Union's Early Retirement Suit Appeal

    The Tenth Circuit appeared skeptical Wednesday of an appeal from a Boilermaker-Blacksmith pension plan and its trustees in a dispute over early retirement benefits, with multiple judges seeming reluctant to overturn a Kansas judge's interpretation that the plan allowed non-boilermaker work after retirement, regardless of the employer's contribution status.

  • May 13, 2026

    6th Circ. Presses DOJ On Bid For Mich. Unredacted Voter List

    A Sixth Circuit panel on Wednesday questioned if a civil rights statute requires Michigan to turn over an unredacted statewide voter registration list to the U.S. Department of Justice, focusing on whether the law covers a modern, continuously updated voter database. 

  • May 13, 2026

    Prosecutor's Office Must Face Suit Over Lost Vacation Time

    A New Jersey appellate panel revived a lawsuit from a Sussex County Prosecutor's Office chief detective over deleted vacation days, finding factual disputes barred summary judgment after he said he canceled time off during a transition to a new county prosecutor based on assurances the leave could be carried over.

  • May 13, 2026

    11th Circ. Rejects Trump Rehearing In Clinton RICO Fight

    The Eleventh Circuit will not reexamine the dismissal of President Donald Trump's racketeering lawsuit against Hillary Clinton and the Democratic National Committee, which claims the pair falsely accused Trump of colluding with Russia during his 2016 campaign.

  • May 13, 2026

    Texas Atty Must Pay $5M For Groping Opposing Counsel

    A Texas state appellate court on Wednesday refused to disturb a $5 million jury verdict against a San Antonio lawyer for grabbing the buttocks of opposing counsel at the courthouse where they were arguing a family law proceeding in 2019.

  • May 13, 2026

    6th Circ. Says Kentucky Judicial Hopefuls May Tout Ideology

    Kentucky judicial hopefuls are cleared to discuss their political leanings on the campaign trail, according to a precedential ruling by the Sixth Circuit, which permanently enjoined the state's Judicial Conduct Commission from pursuing an enforcement action against two candidates who described themselves as "conservatives" and "Republicans" amid the 2022 election season.

  • May 13, 2026

    Murdaugh Murder Conviction Overturned By SC High Court

    The South Carolina Supreme Court on Wednesday overturned a double murder conviction and ordered a new trial for disgraced attorney Alex Murdaugh, finding the jury in his first trial was biased by a clerk of court who allegedly sought a guilty verdict in a ploy to juice sales of her book about the trial.

  • May 13, 2026

    3rd Circ. Pauses Order For Del. To Share Wage Data With DHS

    Third Circuit judges gave the Delaware Department of Labor a brief reprieve from a district court order directing it to comply with a U.S. Department of Homeland Security subpoena requesting business wage reports for an immigration enforcement investigation.

  • May 12, 2026

    Seeger Weiss, Motley Rice Want $675M In Bayer Deal Fees

    Plaintiffs attorneys with Seeger Weiss LLP, Motley Rice LLC, Ketchmark & McCreight PC, Holland Law Firm, Williams Hart Boundas LLP and Waters Kraus Paul & Siegel have asked for a fee award of $675 million for their work on the $7.25 billion Roundup settlement with Bayer AG, according to a petition.

  • May 12, 2026

    Brokerage Urges 10th Circ. To Revive NAR Antitrust Challenge

    Certain rules created by the National Association of Realtors should be considered conspiracy under the Sherman Antitrust Act because they encourage real estate agents to avoid showing listings with low commissions to potential buyers, a Utah-based real estate firm argued to a Tenth Circuit panel Tuesday.

  • May 12, 2026

    7th Circ. Judges Question NLRB's Union Reinstatement Bid

    Seventh Circuit judges weighing the National Labor Relations Board's bid for an injunction requiring a truck seller to recognize a union it has twice rebuked seemed skeptical Tuesday that the company's employees face irreparable harm without it.

  • May 12, 2026

    Conn. Justices Order New Look At $17M Rate Dispute

    The Connecticut Supreme Court on Tuesday revived a lawsuit by Eversource Energy against the Public Utilities Regulatory Authority over $17 million in infrastructure improvements, saying the parties must resolve ambiguities in the settlement agreement before proceeding.

  • May 12, 2026

    DC Circ. Asks Why Gov't Used 'Toxic' Detail In Crypto Trial

    The D.C. Circuit didn't seem sure which way to come down Tuesday morning on the various arguments put forth by the convicted operator of the Bitcoin Fog crypto mixer in an attempt to overturn his conviction.

  • May 12, 2026

    NJ Justices Revive Expert Testimony In Vehicular Death Case

    The New Jersey Supreme Court held Tuesday that a man accused of killing a 94-year-old woman in a crash may present expert testimony challenging whether her death was caused by his alleged recklessness, finding in a reversal that a pretrial evidentiary hearing wasn't needed.

  • May 12, 2026

    NJ Court Not Sure Bristol-Myers Investor Pled Negligence

    A New Jersey appellate panel on Tuesday pushed back on an investor's insistence that his complaint over Bristol-Myers Squibb's $74 billion acquisition of Celgene satisfied pleading standards for securities lawsuits, echoing a trial court judge's concern that claims of disclosure requirement shortfalls sounded more in fraud than negligence.

Expert Analysis

  • Series

    Mich. Banking Brief: All The Notable Legal Updates In Q1

    Author Photo

    Michigan's financial services sector saw several significant developments in 2026's first quarter, including the state Department of Insurance and Financial Services' issuance of a bulletin on the use of artificial intelligence and the Michigan House's introduction of a bill based on the Model Money Transmission Modernization Act, say attorneys at Dykema.

  • Pension Case Offers Entertainment Work Exception Insights

    Author Photo

    A recent Ninth Circuit decision clarified that any amount of entertainment work can satisfy the entertainment industry exception under the Multiemployer Pension Plan Amendments Act, reinforcing that statutory language, rather than evolving business models, dictates withdrawal liability outcomes, say attorneys at Seyfarth.

  • Justices' Ruling Stresses Quick Action Against Absconders

    Author Photo

    Following the U.S. Supreme Court's recent holding in Rico v. U.S. that a supervised release term is not automatically extended when a defendant absconds, probation officers and prosecutors risk being unable to address later violations if they don't act promptly to secure warrants, say attorneys at Winston & Strawn.

  • Justices May Hesitate To Limit Courts' Arbitration Review

    Author Photo

    Based on Monday's argument in Jules v. Andre Balazs, the U.S. Supreme Court seems poised to preserve federal jurisdiction over arbitral award enforcement stemming from actions originated in federal court, a holding that would markedly limit the court's 2022 Walters v. Badgerow decision, says Ashwini Jayaratnam at DarrowEverett.

  • Series

    Ultramarathons Make Me A Better Lawyer

    Author Photo

    Completing a 100-mile ultramarathon was tougher, more humbling and more rewarding than I ever imagined, and the experience highlighted how long-distance running has sharpened my ability to adapt to the evolving nature of antitrust law and strengthened my resolve to handle demanding, unforeseen challenges, says Dan Oakes at Axinn.

  • State FARA Laws Pose Unique Constitutional Challenges

    Author Photo

    Several states have recently enacted foreign agent registration and disclosure regimes that were modeled after the Foreign Agents Registration Act, but these state laws raise several constitutional questions, including concerns about preemption, speech and petition, and vagueness, says Alexandra Langton at Covington.

  • Series

    Pa. Banking Brief: All The Notable Legal Updates In Q1

    Author Photo

    The first quarter of 2026 brought several consequential developments for Pennsylvania financial institutions, including the state banking department's first assessment overhaul in 10 years, a bill prohibiting interchange fees on card transaction sales taxes and a federal appeals court's upholding of a $52 million enforcement action, say attorneys at Gross McGinley.

  • Determining When Engineered Biologics May Be Patentable

    Author Photo

    The Federal Circuit's recent decision in Regenxbio v. Sarepta, concluding that engineered cells with DNA from different organisms are not patent-ineligible natural phenomena, raises questions surrounding what framework courts will use to evaluate the patent eligibility of engineered biologics moving forward, says Robert Frederickson at Goodwin.

  • In First For DOJ, Action Signals New CFIUS Enforcement Era

    Author Photo

    The U.S. Department of Justice is seeking judicial enforcement of a divestment order, an unprecedented action for the agency that ushers in a new phase for the Committee on Foreign Investment in the United States, one in which judicial proceedings complement administrative oversight and presidential divestment orders may be enforced through litigation, says attorney Sohan Dasgupta.

  • 6th Circ. Can Extend Insurance Valuation Clarity Beyond Auto

    Author Photo

    In rehearing Clippinger v. State Farm, the Sixth Circuit can align itself with the recent drumbeat of other circuits rejecting class certification of auto total loss claims and set standards that apply to similar claims brought under homeowners and other types of insurance policies, say attorneys at Jackson Walker.

  • 9th Circ. Ruling Clarifies Doc Protection Limits In Gov't Probes

    Author Photo

    The Ninth Circuit's recent decision in Kalbers v. U.S. Department of Justice confirms that Rule 6(e) provides robust protections when documents are in the government's possession only through a grand jury subpoena, emphasizing for companies the importance of careful labeling from the outset of an investigation, say attorneys at Cooley.

  • Berk May Spur More Pushback Against Med Mal Gatekeeping

    Author Photo

    The U.S. Supreme Court’s recent decision in Berk v. Choy may appear to be a run-of-the-mill reminder that a federal procedural rule trumps its state counterpart, but it could inspire more challenges to state-created prerequisites to filing medical malpractice lawsuits, say attorneys at Decof Mega.

  • Getting The Most Out Of Learning And Development Programs

    Excerpt from Practical Guidance
    Author Photo

    Junior associates can better develop the legal, business and interpersonal skills they need for long-term success by approaching their firms’ learning and development programs armed with five tips for getting the most out of these resources, says Lauren Hakala at Reed Smith.

  • A Shift In Fed. Circ.'s Approach To Patent Summary Judgment

    Author Photo

    The Federal Circuit's recent decision in Range of Motion v. Armaid may come to be seen as a seminal opinion for potentially exposing and entrenching the Federal Circuit's movement away from its previous framework for identifying obvious noninfringement cases, says Nicholas Nowak at Nowak IP Group.

  • Considering The Risks That Arise When IP Outlives Its Owner

    Author Photo

    Federal and state court decisions show that the statutory regime for each category of intellectual property promises continuity after the owner's death, but the law does not provide a succession framework for how those rights are to be exercised, says Erin Daly at Daly Law & Strategy.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Appellate archive.