Appellate

  • July 15, 2026

    Oil Giants Can't Move Chicago's Climate Suit, 7th Circ. Says

    The Seventh Circuit on Wednesday kept the city of Chicago's climate deception suit against BP, Shell and other oil giants in Illinois state court, saying the oil companies could not lean on their fuel production for the federal government to remove the case to federal court.

  • July 15, 2026

    Texas Appeals Court Flips $9M Misrepresentation Verdict

    A Texas appellate court reversed a $9 million verdict awarded to an energy engineering and construction company, saying the construction company failed to show economic harm beyond the loss of a contractual benefit and therefore its negligent misrepresentation claim was barred.

  • July 15, 2026

    Mich. Panel Backs No-Contact Order, Sets Constitutional Test

    A woman convicted of methamphetamine possession lost her appeal of a probation condition restricting contact with her husband after a Michigan appellate panel ruled the limitation was justified by her rehabilitation, while also establishing a new legal standard for reviewing probation conditions that affect constitutional rights. 

  • July 15, 2026

    NC's WakeMed Hit With $18.2M Verdict Over Birth Injury Claim

    A North Carolina hospital system was hit with an $18.2 million jury verdict over claims its doctor botched a delivery, causing a newborn to lose all ability to use his left arm for life.

  • July 15, 2026

    Acorda Can't Add $66M To Award In Ampyra Royalty Fight

    The Second Circuit on Wednesday refused to alter an arbitral award issued to Acorda Therapeutics to include nearly $66 million beyond the $16.6 million it won in a multiple sclerosis drug dispute, saying the company "slept on its rights" and couldn't change the result now.

  • July 15, 2026

    DOJ Asks DC Circ. To Stay USDA Grant Revival Order

    The Trump administration is asking the D.C. Circuit to pause a district judge's injunction ordering the U.S. Department of Agriculture to reinstate more than $100 million in land access program grants aimed at assisting "underserved" farmers, arguing that the case belongs in the Court of Federal Claims.

  • July 15, 2026

    10th Circ. Judge Urges Inmate Sex Consent Precedent Review

    A federal appeals court judge in the Tenth Circuit said that underlying case law in the circuit surrounding sexual relationships between incarcerated people and their jailers should be revisited, and that the circuit should stop assuming these relationships can be consensual.

  • July 15, 2026

    Mich. Panel Says Missed Fee Doesn't Bar Jury Trial

    The Michigan Court of Appeals said in a published opinion that a trial court should not have denied a jury trial in a civil case where, two years into proceedings, it was discovered that the plaintiff never paid the fee required by Michigan statute to have a jury trial.

  • July 15, 2026

    4th Circ. Rejects Golden Corral's COVID-19 Coverage Do-Over

    The Fourth Circuit on Wednesday declined to walk back a North Carolina federal judge's five-year-old decision denying Golden Corral insurance coverage for pandemic-era business interruption losses, finding a belated state Supreme Court victory for policyholders in another case doesn't merit a redo.

  • July 15, 2026

    2nd Circ. Revives NY Provider's BCBS Underpayment Suit

    The Second Circuit on Wednesday revived a New York healthcare provider's suit accusing out-of-state Blue Cross Blue Shield licensees of underpaying insurance claims, saying the carriers' long-standing business relationship with a New York licensee to obtain preferential prices in the state supports jurisdiction there.

  • July 15, 2026

    9th Circ. Revives PPP Fraud Suit Against Calif. Mortgage Co.

    The Ninth Circuit Wednesday revived whistleblower entity Relator LLC's lawsuit accusing a California mortgage lender and its founder of making false statements in a federal loan application, saying in a published opinion that information backing Relator's allegations was not already publicly available so as to bar its claims.

  • July 15, 2026

    Trump Swiftly Fires Court-Appointed Seattle US Atty

    Almost immediately after being sworn in as Seattle's new U.S. attorney Wednesday morning, former King County Superior Court judge and federal prosecutor Roger Rogoff was fired by President Donald Trump.

  • July 15, 2026

    CIT Judge Says Order Incoming For Next Tariff Refund Phase

    The U.S. Court of International Trade judge overseeing U.S. Customs and Border Protection's development of a duty refund system for tariffs struck down by the U.S. Supreme Court forecast new directions for the government as it prepares another phase of its tariff refund system, according to an order published Wednesday.

  • July 15, 2026

    Pa. Panel Backs Benefits For Giant Eagle Worker Hit By Car

    A Pittsburgh pharmacy technician can get workers' compensation after she was hit by a car during her 15-minute lunch break, since the break was limited enough to fall under the "personal comfort doctrine" in state law, a divided appellate court ruled Wednesday.

  • July 15, 2026

    NC Panel Nixes Nurse Noncompetes For Being 'Too Broad'

    A medical clinic provider couldn't convince a North Carolina state appeals court to overturn a ruling that noncompete agreements for two former nurses were unenforceable, after a split panel ruled Wednesday that the terms were overly broad and voidable under public policy.

  • July 15, 2026

    NJ Justices Rule Fraud Law Applies To Insurance Brokers 

    Insurance brokers, producers and agents are not exempt from the Consumer Fraud Act under an exception for semiprofessionals, the New Jersey Supreme Court held Wednesday, reviving a neurosurgeon's allegation his insurance broker negligently failed to obtain sufficient disability insurance for him after he developed a vision condition.

  • July 15, 2026

    Ga. Court Says State Rep. Must Face Wrongful Death Suit

    Georgia State Rep. Trey Kelley, R-Cedartown, will have to face a wrongful death lawsuit filed by the father of a man who was struck and killed in a bicycle accident, the Georgia Court of Appeals said Wednesday, reversing a lower court's dismissal of the case.

  • July 15, 2026

    Ex-Investor Urges Del. High Court To Revive Higher Damages

    The Delaware Supreme Court heard arguments Wednesday over whether the Delaware Chancery Court improperly limited evidence used to calculate a $6.9 million award to a former member of a Philadelphia-area EB-5 investment company, with each side accusing the other of misapplying Delaware law governing expert evidence and attorney fee awards.

  • July 15, 2026

    Texas Court Says $350M Claim Can't Include General Counsel

    The statewide Texas appeals court found that the former CEO of software company Reynolds and Reynolds cannot include the company's general counsel in a $350 million employment lawsuit, saying in a split opinion that the company's general counsel has immunity in this case.

  • July 15, 2026

    Title Co. Can't Keep Tax Refund, Wash. Panel Rules 2nd Time

    A Washington appeals panel handed a win again to the state Department of Revenue, reversing a lower court order that the department owed an $11 million tax refund to a title insurance and settlement services company.

  • July 15, 2026

    DC Circ. Says District Court Can't Decide USPS Policy Claim

    The D.C. Circuit reversed a 2020 summary judgment win for Democratic-led states and cities that required the Postal Service to increase services at its election mail processing centers in more than 20 districts across the country, so millions of ballots could be delivered before that year's general election.

  • July 15, 2026

    Fed. Circ. Won't Move Zoho Patent Suit From EDTX To WDTX

    The Federal Circuit on Wednesday denied a request from Indian technology company Zoho to send a patent infringement case related to private information exchange from the Eastern District of Texas to the Western District of Texas, rejecting its arguments that its U.S. subsidiary was based out west.

  • July 15, 2026

    Wash. Panel Says Prosecutor-Victim Doesn't DQ Colleagues

    A Washington appellate panel has held that a trial court judge erred in disqualifying a county prosecutor's office from handling charges against a driver who crashed into one of its attorneys during a police pursuit.

  • July 15, 2026

    Fed. Circ. Gives Pa. Biz A 2nd Go At $1.5M Tax Penalty Refund

    The Federal Circuit gave a Pennsylvania electrical contractor another chance to pursue a $1.53 million refund claim for penalties paid to the Internal Revenue Service after its owner pled guilty to criminal tax evasion, according to an opinion published Wednesday.

  • July 15, 2026

    What To Watch In Massachusetts In The 2nd Half Of 2026

    As midsummer approaches, Massachusetts attorneys are focused on much more than just the Red Sox winning streak and the fallout from the Jaylen Brown trade; from a headline-grabbing federal prosecution to the midterm elections to cases that could shape the state's noncompete laws, practitioners have plenty on their radar in the latter half of the year.

Expert Analysis

  • The Paradoxical Duty To Adopt AI When You Can't Bill For It

    Author Photo

    Both billing for hours saved using artificial intelligence and preserving billable time by not adopting AI may violate rules of professional conduct, but until bar associations' ethics rules catch up to this emerging economic dilemma, firms must decide how to adjust fee structures themselves, says Ines Lassalle at Peyrot & Associates.

  • 4 Emerging Limits Of Employer Mental Health Notice Defense

    Author Photo

    A California appeals court's recent decision in Husband v. Target, addressing when an employer knows about an employee's undisclosed disability, leaves open questions about how changes in mental health awareness and workforce monitoring tools may raise the bar for what employers can claim not to know, says Benjamin Heller at RFZ Law.

  • Raptors Ruling Shows Risks Of Calif. Enviro Suit Intervention

    Author Photo

    Intervention in California environmental litigation can allow businesses to help defend agency approvals, but after a state appeals court's recent ruling in Raptors Are the Solution v. CropLife America, it is clear that intervention also carries a price — and that courts will hold parties accountable for the full arc of their litigation conduct, says Thierry Montoya at FBT Gibbons.

  • A Decade Later, Escobar Is Still Shaping FCA Cases

    Author Photo

    The U.S. Supreme Court's decision 10 years ago in Universal Health Services v. U.S. ex rel. Escobar changed the way in which lower courts evaluate False Claims Act cases — and the ruling remains vital in nearly every FCA case filed today, say attorneys at Bradley Arant.

  • Sripetch May Prove To Be An Empty Victory For The SEC

    Author Photo

    The U.S. Supreme Court's recent decision in Sripetch v. U.S. Securities and Exchange Commission held that the SEC need not prove pecuniary harm for disgorgement, but if the commission must still identify victims and distribute funds in a compensatory way, it faces the same economic problem as before the ruling, says Erin Smith at Compass Lexecon.

  • 9th Circ. Cooler Ruling Chills 1st Mover Lanham Act Claims

    Author Photo

    The Ninth Circuit's recent decision in Vericool World v. Igloo Products that Vericool's claim of being first-to-market with an ecocooler was not actionable under the Lanham Act largely foreclosed false advertising litigation over first mover status, so potential plaintiffs should instead look to patent counseling or intellectual property strategy for these claims, say attorneys at Manatt.

  • Mapping 5 Fronts Of The Prediction Markets Regulatory Battle

    Author Photo

    The legal framework governing prediction markets is under simultaneous challenge in five independent areas, and the outcomes will determine not just who can operate prediction markets, but the compliance obligations of every participant in the ecosystem, says Ivor Wolk at Manatt.

  • Patent Ruling Highlights Risks Of Late Inventorship Fixes

    Author Photo

    The Federal Circuit's recent decision in Implicit v. Sonos demonstrates the risk of forfeiture with retroactive correction of inventorship in inter partes review proceedings, with a clear message to the patent community that potential inventorship issues should be considered at every stage of a patent's life cycle, say attorneys at BCLP.

  • Adjusting IPR Tactics As Google Fights 'Settled Expectations'

    Author Photo

    Google’s petition for the U.S. Supreme Court to scrutinize the Patent Trial and Appeal Board's so-called settled expectations practice underscores why accused infringers facing older asserted patents should treat discretionary denial as a case-dispositive risk from day one, says attorney Abdul Abdullahi.

  • 3 Misconceptions About Justices' FCC Fines Ruling

    Author Photo

    The U.S. Supreme Court's June 4 Federal Communications Commission v. AT&T decision rejecting AT&T’s and Verizon’s argument that the commission's forfeiture process violates the Seventh Amendment has yielded three common reactions that misunderstand the decision as a matter of law and how the FCC actually operates, says Samuel Feder at Jenner & Block.

  • SEC Disgorged Fund Distribution Is Next Query After Sripetch

    Author Photo

    Following the Supreme Court's Sripetch v. U.S. Securities and Exchange Commission decision, investor harm isn't required for the SEC to obtain a disgorgement award, but future cases must resolve whether the commission will be freed from a requirement to distribute disgorged funds to the victims of alleged misconduct, says Daniel Walfish at Katsky Korins.

  • If Upheld, Wash. Millionaire Tax Could Upend State Law

    Author Photo

    The Washington Supreme Court could open the door to broader income, rental and corporate taxes if it defies precedent and the historically established desires of voters by redefining the state constitution's concepts of “income” and “property” to uphold a new tax on wages over $1 million, says Richard Birmingham at Davis Wright.

  • Trump Admin's Agency Records Purge Tests Judicial Notice

    Author Photo

    While courts commonly take judicial notice of data in government websites and reports, the Trump administration's recent modification or wholesale deletion of these sources means that litigants must look elsewhere to support trial admission of this information, says Jon Gryskiewicz at Lewis Baach.

  • Series

    Cow Horse Makes Me A Better Lawyer

    Author Photo

    Moving an unwilling 800-pound cow while riding a horse at high speed is exhilarating, a little unhinged and, at least for me, a surprisingly effective training ground for litigation — both demand focus, preparation over rigid planning and the willingness to act despite fear, says Ashley Zitrin at Glenn Agre.

  • Fla. Driver Ruling Shows Renewed Focus On Privacy Standing

    Author Photo

    A Florida federal court's recent dismissal of a class action alleging that private driving records had been improperly used in violation of the Driver's Privacy Protection Act suggests that companies defending against privacy class actions in Florida may reconsider Article III challenges at the dismissal stage, say attorneys at Sidley.

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.