Appellate

  • October 13, 2026

    Fed. Circ. Backs L'Oreal's Alice Win On Face Analysis Patent

    The Federal Circuit on Tuesday issued a one-word order affirming a California federal court's invalidation of a facial measurement and analysis patent that had been asserted against the cosmetic giant L'Oreal USA Inc.

  • October 13, 2026

    Justices Won't Review Arbitrator Bias In Nursing Home Suit

    The U.S. Supreme Court on Tuesday declined to review a Sixth Circuit decision upholding an arbitration award favoring a Kentucky nursing home, rejecting a request to clarify when an arbitrator's failure to disclose past misconduct warrants overturning an award.

  • October 13, 2026

    Groups Ask Justices To Hear Apple's ITC Industry Rule Fight

    The Federal Circuit wrongly continued the degradation of the U.S. International Trade Commission's domestic industry requirement in patent disputes by sustaining a decision that Apple Watches infringe Masimo Corp.'s patents, groups supporting Apple's petition told the U.S. Supreme Court on Tuesday.

  • October 13, 2026

    Fed. Circ. Pressed To Undo $61M IP Verdict Against Samsung

    A nonprofit representing tech giants including Amazon, Google and Intel told the Federal Circuit on Friday the court should overturn a $61 million jury verdict against Samsung for infringing a single standard-essential 5G patent.

  • October 13, 2026

    Boston Not Required To Recut Uncashed 1998 Check

    A Rhode Island company can't force the city of Boston to reissue a $150,000 check from 1998 that got lost for a quarter of a century, an intermediate Massachusetts appellate court ruled Tuesday.

  • October 13, 2026

    High Court Won't Hear Fingerprint Analyst's Immunity Defense

    The U.S. Supreme Court said Tuesday that it would not review an Eleventh Circuit decision stripping qualified immunity from a fingerprint analyst who is facing allegations that she fabricated evidence that sent a wrongly convicted man to death row.

  • October 13, 2026

    7th Circ. Wrong On TM Interest Ruling, High Court Told

    A company that makes apparel with the U.S. Army slogan "This We'll Defend" has told the U.S. Supreme Court that the circuits are "deeply divided" on the issue of prejudgment interest and that a case where the Seventh Circuit affirmed a $229,000 prejudgment interest award against it would serve as the ideal vehicle to resolve the split.

  • October 13, 2026

    NLRB Says Amazon's Union Vote Challenges Fall Short

    The National Labor Relations Board has urged the Fifth Circuit to reject Amazon's challenge to an order to negotiate with workers at a Staten Island, New York, warehouse, arguing its appeal of a union's 2022 election win misstates the board's analysis and distorts the evidence.

  • October 13, 2026

    11th Circ. Urged To Keep Atty On The Hook For Defense Costs

    A lawyer who said a fellow attorney targeted her with a frivolous lawsuit asked the Eleventh Circuit to uphold a sanctions award, arguing that a district court was right to conclude that the suit was baseless and defense costs should be shifted to the plaintiff.

  • October 13, 2026

    Justices Wary Of Weakening Sentencing Commentary

    The U.S. Supreme Court appeared skeptical Tuesday of arguments that lower court judges should not give deference to U.S. Sentencing Commission commentary that interprets federal sentencing guidelines, with some of the justices wondering whether such a holding would open the floodgates for thousands of defendants seeking to have their sentences reconsidered.

  • October 13, 2026

    1st Circ. Revives Amgen Migraine Drug Risk Label Suit

    A mother in Massachusetts is entitled to pursue a new theory of liability against drugmaker Amgen Inc. over the death of her 25-year-old son after he took the company's then-recently approved migraine medication Aimovig in 2018, the First Circuit has found.

  • October 13, 2026

    2nd Circ. Revives Lidl Worker's Unpaid Waiting Time Suit

    Waiting time is compensable under federal wage law when employees are required to report to work but cannot begin their duties for reasons beyond their control, the Second Circuit ruled Tuesday in reviving a Lidl grocery store worker's unpaid wage claims.

  • October 13, 2026

    Sotomayor Warns Gov't On Double Jeopardy In Migrant's Case

    U.S. Supreme Court Justice Sonia Sotomayor cautioned the government on Tuesday about charging a deported Mexican national twice for the crime of being found in the U.S. after having been removed, saying constitutional problems plagued the government's treatment of the man.

  • October 13, 2026

    High Court Won't Hear Ex-United Worker's Suit Against IAM

    The U.S. Supreme Court on Tuesday declined to revive a lawsuit brought by a former United Airlines customer service agent seeking to bring claims against her union for failing to take her wrongful discharge claim against the company to arbitration.

  • October 13, 2026

    Sen. Justice Must Cover Coal Cos.' $25M Surety Bond Debt

    U.S. Senator Jim Justice must pay a surety more than $25 million after he personally promised to cover collateral and past-due premiums owed by his coal companies if they failed to stay current on their payment obligations, the Sixth Circuit ruled.

  • October 13, 2026

    Cozen Says Rival Weaponized Florida Mediation Law

    Cozen O'Connor urged a Florida appeals court Tuesday to reverse a judgment in favor of Mintz Truppman PA in a long-running dispute over an alleged breach of mediation confidentiality, calling the rival firm's suit an "unprecedented attempt to weaponize the Mediation Confidentiality Act."

  • October 13, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week saw stockholders challenge Nvidia Corp.'s roughly $20 billion deal with artificial intelligence chipmaker Groq Inc., Hertz Global Holdings Inc.'s electric vehicle strategy and more than $1.5 billion in Humana Inc. stock buybacks.

  • October 13, 2026

    1st Circ. Nixes Lobster Fishers' Libel Suit Against Aquarium

    The First Circuit has ordered the dismissal of a defamation suit that lobster fishers brought against an aquarium that urged consumers to avoid buying lobster, finding the claims are barred because the report did not single out any of the plaintiffs.

  • October 13, 2026

    Judge Rejects Updated AG Bid To Join RealPage Deal Talks

    A Tennessee federal judge said he would consider objections from state attorneys general to terms of a possible settlement in multidistrict litigation over alleged price-fixing enabled by RealPage software, despite rejecting a renewed move by the states to intervene in the negotiations.

  • October 13, 2026

    What The Justices Won't Hear: A Roundup Of Cert Denials

    The U.S. Supreme Court declined to grant a writ of certiorari to another batch of applications Tuesday, including cases involving six-figure sanctions, wine shipment laws and overtime claims. 

  • October 13, 2026

    High Court Won't Review Student's Suit Over Phone Search

    The U.S. Supreme Court on Tuesday denied certiorari to a teenager who alleges his constitutional rights were violated when his school principal searched his phone on suspicion that he had nude photos of another student.

  • October 13, 2026

    Pa. High Court Snapshot: Jail Bargaining, Energy Land Tiffs

    The Pennsylvania Supreme Court will consider whether a referendum banning solitary confinement at the Allegheny County Jail had to be bargained with the jail's union when the court sits in Pittsburgh starting Wednesday.

  • October 13, 2026

    11th Circ. Lowers Bar For Getting ERISA Claims Into Court

    The full Eleventh Circuit on Tuesday overturned decades-old precedent that took a strict view of when federal benefits law claims could be brought in court, reviving a proposed class action alleging mismanagement of a seafood company's employee stock ownership plan.

  • October 13, 2026

    Justices Agree To Hear Habeas Case About Circuit Splits

    The U.S. Supreme Court on Tuesday agreed to consider whether prisoners can appeal denials of their federal habeas corpus petitions if there is a circuit split on the issue underlying their petition, even if their home circuit has precedent against them.

  • October 13, 2026

    High Court Will Not Hear Fiat Chrysler Defect Row

    The U.S. Supreme Court on Tuesday declined to weigh whether an arbitrator or a court should decide the proper venue for a dispute involving a nonsignatory to an arbitration agreement in an appeal brought by Fiat Chrysler in a proposed class action over allegedly defective Jeep and Dodge headrests.

Expert Analysis

  • Fed. Circ. Ruling Highlights The Cost Of Incorrect Inventorship

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    The Federal Circuit's recent decision in Fortress Iron v. Digger Specialties, affirming that a fencing company's patents were invalid due to a missing co-inventor, is a reminder that confirming correct inventorship should be a critical part of every patent invalidity workup, say attorneys at Neal Gerber.

  • Future Of Fed Independence Shaky After Justices' Ruling

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    The U.S. Supreme Court's recent ruling in Trump v. Cook preserved the Federal Reserve's formal independence but could invite the president to remove board members with just modest protections, leaving the central bank's autonomy uncertain and potentially setting up fresh clashes over other agencies, says Steven Schwinn at the University of Chicago.

  • Series

    Mich. Banking Brief: All The Notable Legal Updates In Q2

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    The second quarter brought several notable financial services law developments to Michigan, including a U.S. Supreme Court ruling on state tax foreclosures, progress on a money transmission modernization bill package, and continued legislative momentum on cryptocurrency and mortgage lending, say attorneys at Dykema.

  • Justices' Ruling Alters Playing Field For State Subpoena Suits

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    The U.S. Supreme Court’s decision in First Choice Women’s Resource Centers v. Davenport will spark more federal court challenges to state subpoenas, but procedural defenses will block some merits decisions, so plaintiffs must carefully time and manage parallel federal and state proceedings, say attorneys at Troutman.

  • Looking At Drake's Diss Track Appeal Through An IP Lens

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    Though Drake's pending Second Circuit appeal over UMG's promotion of Kendrick Lamar's "Not Like Us" is formally about defamation, it shows that IP considerations can help identify records showing how a work traveled, which may guide courts when deciding context, says attorney Abdul Abdullahi.

  • Series

    Bass Fishing Makes Me A Better Lawyer

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    Landing a trophy striped bass and closing a big deal both require cultivating the patience to finesse — not force — your way to desired outcomes, changing course when your old approach isn’t working and learning from the ones that got away, says Jon Ruiss at Alston & Bird.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q2

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    The year's second quarter brought several notable banking law developments to New York, including a proposal to align state stablecoin rules with the federal Genius Act, fresh fair lending and cybersecurity guidance from state regulators, and a significant Second Circuit holding on preemption, say attorneys at Ashurst Perkins Coie.

  • PacifiCorp Ruling Shows Limits Of Aggregate Wildfire Loss Models

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    An Oregon appeals court's recent decision in James v. PacifiCorp illustrates that in litigation involving multiple wildfires, materially different causation theories, and evidence tied to particular fires and locations, a single undifferentiated damages model is vulnerable to attack, say Paige Van Oosten and Jason Kim at Hunton and Kevin Cahill at FTI Consulting.

  • Roundup

    The Most Talked-About Supreme Court Decisions Of 2026

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    This term, 11 U.S. Supreme Court decisions quickly became hot topics among Law360's guest writers.

  • A New Defense For Medicaid Fraud Cases In Texas

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    The Texas Supreme Court decision in LabCorp v. Texas last month, finding that the state's False Claims Act requires proof that an omission is material, is among the first to establish that the government's lack of reaction to the defendant's disclosures rendered alleged omissions immaterial, say attorneys at Sheppard.

  • Fighting The Evidentiary Risks Of Deepfakes In Court

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    Though courts and federal rules are only slowly developing frameworks for assessing digital evidence that could have been created or generated by artificial intelligence, litigators should understand what steps they'll likely need to take to successfully challenge potentially deepfaked exhibits — and fight questions about the authenticity of their own, say attorneys at MoFo.

  • Justices' Cuba Ruling Narrowly Recasts Sovereign Immunity

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    The U.S. Supreme Court recently allowed Exxon Mobil's bid for $1 billion in damages for Cuban-seized property to proceed, but the ruling's doctrinal significance is in treating the Helms-Burton Act as a later, specific and self-contained statutory displacement of the default jurisdictional immunity regime, says Josep Galvez at 4-5 Gray's Inn.

  • 'Tiger King' Funeral Clip Ruling Offers Fair Use Road Map

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    The Tenth Circuit's decision in Whyte Monkee v. Netflix that the streaming service's use of another party's funeral footage in the docuseries "Tiger King" constituted fair use lays out a framework for producers to apply the four statutory fair use factors to their own projects, says Frank D’Angelo at Loeb & Loeb.

  • Justices Stand On Statutory Specifics In Cisco And Landor

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    With its June 23 decisions in Cisco Systems Inc. v. Doe and Landor v. Louisiana Department of Corrections and Public Safety, the U.S. Supreme Court doubled down on the critical point that the statute invoked in a federal claim must authorize a private lawsuit and the remedy sought, says Patrick Judd at Phelps Dunbar.

  • Justices' Concurrences Foretell Fault Line On Appeal Waivers

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    The U.S. Supreme Court recently ruled 8-1 in Hunter v. U.S. that appeal waivers that produce a miscarriage of justice are unenforceable, but the decision's concurrences indicate future divisions over whether this exception will be used as a rare safety valve or to police ordinary but troubling plea errors, say attorneys at RJO.

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