Appellate

  • August 12, 2026

    Army Loses Bid For 4th Circ. Burial Remains Rehearing

    The Fourth Circuit won't rethink its decision that the U.S. Army must return the remains of two Indigenous children to the Winnebago Tribe of Nebraska who have been buried at a former Indian boarding school cemetery in Pennsylvania for more than a century.

  • August 12, 2026

    DEA Tells 4th Circ. Hemp Co. Can't Seek Review Of HHC Rule

    The U.S. Drug Enforcement Administration is urging the Fourth Circuit to throw out a hemp company's challenge to a recent rule allegedly designating a psychoactive hemp-derived compound as a Schedule I substance, saying the rule is a minor administrative change that cannot be challenged through a petition for review.

  • August 12, 2026

    NJ Justices See No Mental State Tie To Daniel's Law Damages

    The New Jersey Supreme Court held Wednesday that there is no mental state required for damages to be established under the state's judicial privacy law, answering a question that the Third Circuit said could help the federal appeals court determine the law's constitutionality.

  • August 11, 2026

    US Fights Ayahuasca Church's $240K Fee Bid As Excessive

    The U.S. government is slamming as "exorbitant" a Phoenix church's request for $240,000 in fees — a sum racked up while the church was arguing for a $2 million attorney payout — arguing that the litigation was unnecessary because the church could have secured the right to use the psychoactive beverage ayahuasca in religious ceremonies via an administrative process.

  • August 11, 2026

    Abbott, Mead Must Face Baby Formula Retrial, Mo. Panel Says

    A Missouri appeals court on Tuesday affirmed a new trial order in a suit accusing Abbott Laboratories and Mead Johnson of selling baby formula that causes a serious condition in preterm infants, agreeing with the trial court that the verdict was not supported by the evidence.

  • August 11, 2026

    7th Circ. Says Ind. Railroad Can't Levy Fees For Telecom Lines

    Indiana railroad easements don't give rail companies the right to charge for access to the air above them or the ground below them, the Seventh Circuit has ruled in an opinion that means telecoms that installed fiber cables under a CSX Transportation easement won't be paying licensing fees.

  • August 11, 2026

    Split 11th Circ. Upholds FRA's Train Crew Size Rule

    A divided Eleventh Circuit panel on Tuesday upheld the Federal Railroad Administration's two-person train crew rule, saying the agency reasonably justified the safety rationale for the rule and rejecting the rail industry's claims of government overreach.

  • August 11, 2026

    Red States Back DA's Office In High Court Bias Carveout Fight

    A group of mostly Republican state attorneys general backed a Georgia prosecutor's office, urging the U.S. Supreme Court to reject a former aide's argument she wasn't covered by a Title VII exemption for the personal staff of elected officials.

  • August 11, 2026

    5th Circ. Douses Biden-Era Gas Stove Efficiency Regs

    A Fifth Circuit panel castigated the U.S. Department of Energy for pushing through energy standards for stoves and cooktops while failing to follow proper rulemaking procedures, saying the rule was part of the Biden administration's attempts to "make home appliances more expensive and less useful."

  • August 11, 2026

    DC Circ. Erases Stay Of Feds' Parolee Quick-Removal Policy

    The D.C. Circuit on Tuesday vacated a district court's nationwide stay of the Trump administration's policy of subjecting noncitizens paroled into the country to expedited removal, noting the plaintiffs didn't seek to stay the federal regulation allowing that practice.

  • August 11, 2026

    Mich. Appeals Panel Restores Ethnic Threat Jury Standard

    Semantics matter, a Michigan Court of Appeals panel said in an unpublished opinion Monday, reversing a trial court's order regarding jury instruction language used in an ethnic intimidation trial.

  • August 11, 2026

    Colo. Panel Mulls Insurer's Bid To Reverse $170M Verdict

    A subsidiary of Berkshire Hathaway Inc. urged the Colorado Court of Appeals on Tuesday to reverse a nearly $170 million jury award for a Colorado worker who sustained a "catastrophic" brain injury on the job, arguing that the trial court failed to properly instruct the jury on physical impairment damages.

  • August 11, 2026

    Panel Wary Of $10M Award For Amtrak Counterclaim Distress

    A Pennsylvania Superior Court panel on Tuesday appeared skeptical that Amtrak should be held liable for emotional trauma suffered by a former engineer from the fallout of a 2015 train derailment, which included criminal charges and a lawsuit he filed that resulted in a $10 million verdict.

  • August 11, 2026

    RealPage Points To 2nd Circ. Ruling In NY Pricing Law Case

    RealPage told a New York district court that a recent Second Circuit ruling backs up its challenge to a state law prohibiting landlords from using software to set residential rental rates, because the appeals court found that a New York City law requiring delivery apps to share customer data with restaurants went too far.

  • August 11, 2026

    Deal Ends Patent Case After WDTX Verdict Clearing Cisco

    Cisco Systems Inc. and prominent patent licensing company Brazos Licensing and Development have notified a Western District of Texas judge that they have agreed to dismiss a patent suit, more than a year after a jury cleared Cisco of infringing router patents.

  • August 11, 2026

    Goldstein Unveils Cooley Appeal Team

    Thomas Goldstein has unveiled an experienced lineup of appellate lawyers he'll turn to in his bid to overturn 12 tax and mortgage fraud convictions, featuring several attorneys with extensive U.S. Supreme Court experience.

  • August 11, 2026

    Objectors Sink $148M Lincoln National Class Deal At 2nd Circ.

    A Connecticut federal judge should not have certified a policyholder class that secured a $147.5 million cost-of-insurance settlement with Lincoln National and a Cigna unit, the Second Circuit held on Tuesday, in a victory for objectors who are pursuing parallel cases in other states.

  • August 11, 2026

    4th Circ. Sides With Outback In Contentious Injury Suit

    The Fourth Circuit has freed Outback Steakhouse's Florida branch from a slip-and-fall suit that went through two contentious trials, finding that the trial court did not abuse its discretion in booting the plaintiff's original attorney from the case, excluding a new expert witness report or allowing Outback to strike the only two Black prospective jurors.

  • August 11, 2026

    IP Notebook: 'Iceman' Logjam, Gemini Fight, Stealth Bot Bill

    A crowded trademark race over the "Iceman" nickname and a clash over Google's efforts to expand its Gemini AI brand top this edition of Law360's look at emerging copyright and trademark issues.

  • August 11, 2026

    9th Circ. Blocks Hawaii Gun Rule Following High Court Ruling

    The Ninth Circuit has stopped Hawaii from enforcing portions of a gun law that banned firearms on private property without the property owner's consent, after the U.S. Supreme Court held a gun rights group and three state residents were likely to succeed in their lawsuit challenging that component of the law.

  • August 11, 2026

    Full Fed. Circ. Declines To Revisit Design Patent Test

    The full Federal Circuit on Tuesday refused to review the test for proving design patent infringement, rejecting a massage device maker's argument that the court has strayed from U.S. Supreme Court precedent but drawing a dissent arguing the court has "messed up" the law.

  • August 11, 2026

    9th Circ. Would Lose 5 States In Latest Reorganization Bid

    Republicans are once again trying to break up the U.S. Court of Appeals for the Ninth Circuit, which has long been dominated by judges appointed by Democratic presidents.

  • August 11, 2026

    Fed. Circ. Revives Man's Vax Injury Case, Citing Mail Delay

    The Federal Circuit reversed a U.S. Court of Federal Claims decision that rejected a man's case seeking vaccine injury compensation, concluding that the court wrongly faulted him for the late arrival of his petition.

  • August 11, 2026

    Mich. County Urges Panel To Clarify FOIA Duties

    Wayne County, Michigan, asked a state appeals court Tuesday to determine whether separate offices within the same county must each respond to duplicate public records requests, arguing multiple responses could unnecessarily expose taxpayers to attorney fees and costs.

  • August 11, 2026

    Cumulus Can't Yet Enforce Tying Injunction Against Nielsen

    The Second Circuit may have upheld a preliminary injunction blocking Nielsen from making Cumulus Media buy its local offerings to gain access to its national radio ratings data, but a New York federal judge says that injunction can't be enforced until the circuit court decides whether it will rehear the case en banc.

Expert Analysis

  • Managing Post-IEEPA Tariff Refunds, Replacements And Risks

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    Companies and investors reeling from the rapid changes resulting from February's U.S. Supreme Court ruling that the International Emergency Economic Powers Act doesn't authorize tariffs should focus on understanding the duty refund process, the likely replacement tariffs and the operational ways they can minimize their tariff exposure, say attorneys at Debevoise.

  • 11th Circ. Ruling Reflects Shift In Digital Consent Frameworks

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    The Eleventh Circuit's recent decision in Tejon v. Zeus Networks that a browsewrap terms-of-service hyperlink was insufficiently conspicuous to bind a consumer to an arbitration agreement could accelerate a broader industry shift to clickwrap as the baseline for enforceable digital consent, say attorneys at Sheppard.

  • Class Actions At The Circuit Courts: June Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five recent rulings from cases involving allegations of internet data misuse, consumer fraud claims, immigration, insurance and First Amendment violation claims.

  • Fed. Circ. In May: Being Precise About 'About'

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    The Federal Circuit's decision in Enviro Tech v. Safe Foods last month illustrates the danger in attempting to expand claim scope with words of approximation, potentially causing claims to be invalid for lack of definiteness, say attorneys at Knobbe Martens.

  • Justices' FCC Fine Ruling May Weaken Agency Leverage

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    The U.S. Supreme Court's decision in Federal Communications Commission v. AT&T upheld the commission's forfeiture framework as consistent with Jarkesy, but it is also likely to reduce the effectiveness of the commission’s forfeiture proceedings as a collection and deterrence tool, say attorneys at Venable.

  • 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.

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