Appellate

  • June 10, 2026

    IP Notebook: Cox's Reach, 'Top Gun' Appeal, 'Lazy' Videos

    This round of Law360's review of emerging copyright and trademark issues looks at the ripple effects from the U.S. Supreme Court's ruling on secondary copyright liability and highlights looming high court bids over "Top Gun" and Roberto Clemente's likeness on commemorative license plates.

  • June 10, 2026

    9th Circ. Grants Family Stay On Removal Amid Policy Conflict

    A divided Ninth Circuit en banc panel has issued a stay protecting a Peruvian family from deportation amid their appeal of a removal order, finding that further en banc briefing and oral argument made clear that such relief is warranted.

  • June 10, 2026

    Del. Under-21 Gun Law Fight Pits Safety Against Age Rights

    Delaware officials defending a law that restricts handgun access for most 18- to 20-year-olds urged the state's high court on Wednesday to uphold the measure as a reasonable public safety regulation, while challengers argued that the statute unlawfully strips constitutional rights from an entire class of legal adults based solely on age.

  • June 10, 2026

    Fired Black Teacher Appeals NC School's Race Bias Suit Win

    A Black teacher who claims he was fired from a public charter school in North Carolina for teaching a novel about racial justice is taking his discrimination case to the Fourth Circuit after a federal judge sided last month with the school, court records show.

  • June 10, 2026

    Pa. Country Clubs' Dues Are Tax-Exempt, Panel Affirms

    A Pennsylvania township's business privilege tax cannot apply to the dues, fees and assessments collected by two country clubs because the tax can apply only to for-profit businesses, a panel for the Commonwealth Court ruled Wednesday.

  • June 10, 2026

    National Grid Attorney Among Picks For Mass. State Bench

    Massachusetts Gov. Maura Healey announced three new judicial nominees for the state's intermediate and lower courts on Wednesday, including a senior litigation attorney at National Grid.

  • June 10, 2026

    Pa. Atty Suspended For Trust Account Use As 'Clearinghouse'

    A Pittsburgh-area attorney's law license was suspended Wednesday for a year and a day after he allegedly used his IOLTA account as a "clearinghouse" to move money for nonclient third parties, according to the Pennsylvania disciplinary board.

  • June 10, 2026

    DOJ Says Student Borrowers' Suit Is Moot After Rule's Vacatur

    The Trump administration is urging a D.C. federal judge to toss a lawsuit seeking to revive the Biden-era SAVE student loan repayment rule, arguing that the case is moot because there is no rule left to enforce after the Eighth Circuit ordered the plan vacated in March.

  • June 10, 2026

    Family Seeks Full Fed. Circ. Review In Utah Tribal Death

    A Utah tribal member's family is asking the full Federal Circuit to reconsider a decision that the federal government isn't liable for his shooting death, arguing that the U.S. can't prevail on arguments that two previous rulings in the dispute were based on inaccurate Fourth Amendment analysis.

  • June 10, 2026

    2nd Circuit Rejects Nadine Menendez's Bail Bid During Appeal

    A Second Circuit panel rejected Nadine Menendez's request for bail pending an appeal of her conviction in a bribery scheme involving her husband, former U.S. Sen. Robert Menendez, concluding the legal questions raised were not substantial enough to delay the start of her four-and-a-half-year prison term.

  • June 10, 2026

    5th Circ. Rejects Gov't Bid To Revisit Home Distilling Ban

    The Fifth Circuit denied the U.S. government's request for the full court to review a three-judge panel's April opinion finding the tax code's ban on distilling whiskey at home unconstitutional after another appeals court's opposite conclusion affirmed the ban.

  • June 09, 2026

    5 Firms Barred From Handling NFL Parkinson's Claims

    Five law firms have been disqualified from representing claimants seeking NFL concussion settlement funds for running a scheme that "laundered" questionable Parkinson's disease claims through the system to obtain $95 million, including $20 million in fees, a special masters' report issued Monday says.

  • June 09, 2026

    9th Circ. Says UPS Wage Suit Arbitration Order Is 'Clear Error'

    The Ninth Circuit directed a district court on Tuesday to vacate an order that forced a former UPS driver to arbitrate her wage claims against the shipping solutions chain, saying the lower court committed "clear error" by refusing to determine the basis for its authority to compel arbitration.

  • June 09, 2026

    Crystallex Warns Of Delay Tactic In Citgo Sale Appeal

    Defunct Canadian miner Crystallex on Friday urged the Third Circuit to order Venezuela's counsel to prove its authority as the country challenges an order greenlighting the nearly $6 billion sale of Citgo to satisfy billions of dollars of its debt, pointing to the new administration of Delcy Rodriguez.

  • June 09, 2026

    9th Circ. Grants Rare Rehearing In Kat Von D Tattoo Fight

    The Ninth Circuit agreed Tuesday to take the rare step of having a larger panel rehear a copyright dispute over Kat Von D's Miles Davis tattoo, vacating a ruling that upheld the celebrity tattoo artist's trial win.

  • June 09, 2026

    5th Circ. Pushes FDA On Block Of Flavored Vapes

    A Fifth Circuit panel pressed the U.S. Food and Drug Administration to explain how an apparently uniform denial of flavored e-cigarettes would not fall under federal rulemaking, saying Tuesday that the agency's decision-making seemingly "squawks like a rule."

  • June 09, 2026

    Key Freight Broker Negligence Win A 'Relief' For Plaintiffs Atty

    The U.S. Supreme Court's ruling that freight brokers might also be liable under state law for selecting unsafe motor carriers involved in catastrophic crashes will ultimately improve highway safety by ensuring that the industry's longtime gatekeepers strengthen their vetting protocols, according to a plaintiffs attorney who helped secure the pivotal win.

  • June 09, 2026

    Philly Violated Cornerstone Of Bankruptcy Law, 3rd Circ. Says

    The Third Circuit on Tuesday revived part of a pro se debtor's long-running bankruptcy fight against Philadelphia holding the city must face civil contempt sanctions for collecting on a lien after his debt was discharged, saying it "violated" one of the "historic cornerstones" of bankruptcy, which is a discharge's finality.

  • June 09, 2026

    Colo. Panel Unsure Surgeon Solely Liable For $67M Judgment

    A Colorado Court of Appeals panel pushed back Tuesday on oral arguments from counsel for a healthcare company arguing a surgeon was exclusively liable for the $67 million judgment entered in an underlying medical malpractice suit under the "captain of the ship" doctrine.

  • June 09, 2026

    DOJ Says Timing, Lack Of Injury Doom TikTok Deal Challenge

    The U.S. Department of Justice has urged the D.C. Circuit to toss a challenge to the Trump administration's approval of TikTok's sale to American investors, arguing the engineers seeking to stop the deal filed their challenge too late and lack standing.

  • June 09, 2026

    DC Circ. Says PCAOB Challenger Must Reveal His Name

    The D.C. Circuit Tuesday backed a D.C. federal court's holding that a man anonymously challenging the constitutionality of the Public Company Accounting Oversight Board should be required to identify himself.

  • June 09, 2026

    Judge Candidate Loses Ballot Challenge At Mich. High Court

    An Oakland County probate judge candidate will remain off the August primary ballot after the Michigan Supreme Court declined to review his challenge to the rejection of hundreds of petition signatures, while one justice urged lawmakers to reconsider election rules under which officials were not required to review affidavits that could have validated more than 100 disputed signatures.

  • June 09, 2026

    CIT Judge Skeptical Of Gov't's IEEPA Refund Appeal

    A U.S. Court of International Trade judge spent much of an hour-plus hearing Tuesday attempting to talk the federal government out of appealing his order requiring immediate refunds of President Donald Trump's invalidated tariffs, but he seemed to make little headway.

  • June 09, 2026

    Calif. Courts Shoot Down Santee Housing Project

    Two California courts last week largely sided with environmentalist groups that challenged the city of Santee's approval of a local 3,008-unit housing project, ruling that the proposed project's approval violated state laws.

  • June 09, 2026

    Fed. Circ. 'Recalibrates' Analysis For Constitutional Standing

    The Federal Circuit eased the line between constitutional and statutory standing last month when reviving A.L.M. Holding Co.'s infringement suit against Zydex Industries Private Ltd., in a decision attorneys say makes standing more accessible and clarifies how patent licensors can maintain their rights.

Expert Analysis

  • Series

    Competing At Poker Makes Me A Better Lawyer

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    Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

  • 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.

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