Appellate

  • September 28, 2026

    Pa. Justices To Test Ethics Chief's Immunity In Mogul's Suit

    The Pennsylvania Supreme Court is set to examine when "high public officials" are entitled to immunity from suit, granting an allowance of appeal to one-time Philadelphia mayoral candidate and businessman Jeff Brown against the city's Board of Ethics over alleged damage to his reputation.

  • September 28, 2026

    Trump Asks Justices To Restore Fed. Prison Trans Care Ban

    The Trump administration urged the U.S. Supreme Court on Monday to halt a district court order barring the Bureau of Prisons from enforcing a ban on gender dysphoria care for transgender people incarcerated in BOP facilities, arguing the lower court stepped beyond its proper role. 

  • September 28, 2026

    'Survivor' Winner Asks 1st Circ. To Vacate $3.3M Tax Ruling

    The First Circuit should vacate a Rhode Island federal court's $3.3 million tax judgment against the first "Survivor" winner, he told the appeals court, saying a senior U.S. district judge improperly refused to review an objection he filed challenging his tax debt.

  • September 28, 2026

    Chamber Says H-1B Fee Renewal Requires Court Relief

    The U.S. Chamber of Commerce told the D.C. Circuit on Friday that President Trump's brand-new proclamation extending the $100,000 fee for new H-1B visa applications for another year confirms the need for relief in the case.

  • September 28, 2026

    Burford Eyes $1.4B Of $5.7B Patent Trial Verdict Against Apple

    Burford Capital said it is entitled to $1.4 billion of last week's historic $5.7 billion patent infringement jury verdict against Apple, but the litigation funder cautioned Monday that the massive payday could still evaporate on appeal.

  • September 28, 2026

    Louis Dreyfus Appeals Bid To Arbitrate Cotton Futures Case

    Louis Dreyfus Commodities BV is appealing to the Second Circuit after a New York federal court refused its bid to force cotton futures traders to arbitrate a long-running case over the alleged manipulation of the cotton futures market.

  • September 28, 2026

    Judge's Senior Status To Open Another 5th Circ. Vacancy

    President Donald Trump will be getting another vacancy to fill on the Fifth Circuit, as Judge Leslie Southwick told him on Monday he will be taking semiretired status.

  • September 25, 2026

    Pa. Court Backs Hospital In Suit Over Employee's Suicide

    A Pennsylvania appellate court on Friday affirmed the dismissal of a lawsuit accusing WellSpan York Hospital of causing the suicide of an employee who allegedly endured racist bullying from coworkers, finding the allegations didn't support an emotional distress claim.

  • September 25, 2026

    Kalshi Sports Contracts Aren't Financial Swaps, 6th Circ. Says

    In a closely watched decision that exacerbates an existing circuit split, a Sixth Circuit panel on Friday rejected Kalshi's assertion that the sports-related transactions made on its platform should be considered federally regulated swaps and not conventional betting subject to state gambling laws.

  • September 25, 2026

    DC Circ. Judges Clash Over Fate Of Deported Venezuelans

    Two D.C. Circuit judges did not see eye to eye during oral arguments Friday as the federal government attempted to overturn an order requiring it to facilitate the return of Venezuelan nationals it deported after a court told it not to.

  • September 25, 2026

    9th Circ. Says Overlook Of Bond Receipt Was 'Legal Error'

    A split Ninth Circuit panel ruled in a published opinion Friday that an immigration appeals board committed "legal error" by overlooking proof of receipt of a Mexican citizen's voluntary departure bond payment, which was required to reinstate his voluntary departure period.

  • September 25, 2026

    Fed. Circ. Backs Nixing Of Speech Patent In 'Hey Siri' Dispute

    The Patent Trial and Appeal Board was right to fully invalidate a speech recognition patent that Apple stands accused of infringing, the Federal Circuit held Friday.

  • September 25, 2026

    Teva, Apotex Don't Infringe Sleep Drug Patents, Judge Finds

    Generic drugmakers Teva Pharmaceuticals and Apotex Inc. have secured an order from a Delaware federal court that they do not infringe patents asserted by Vanda Pharmaceuticals that cover the sleep drug Hetlioz.

  • September 25, 2026

    FCC Insists DC District Lacks Jurisdiction In Fight With ABC

    The Federal Communications Commission again urged a D.C. federal court to jettison ABC Inc.'s legal action claiming retaliation against the network over content disliked by President Donald Trump, saying case law shows the court has no jurisdiction over the dispute.

  • September 25, 2026

    Split 6th Circ. Keeps Block On Tenn. 'Abortion Trafficking' Ban

    A split Sixth Circuit panel upheld a permanent injunction on what Tennessee calls an abortion trafficking ban, finding the law is facially overbroad and violates the First Amendment by restricting speech on access to abortions in states where that care is legal.

  • September 25, 2026

    Apple Hit With Historic $5.7B Patent Verdict

    A California federal jury said Friday that Apple owes a staggering $5.7 billion to headphone-maker Taction Technology Inc. after finding the tech giant infringed a pair of Taction's vibration technology patents, issuing the largest patent verdict in U.S. history.

  • September 25, 2026

    Conn. AG Beats Dentist's Appeal In Press Release Fight

    The Connecticut attorney general and a former social services commissioner did not violate a dentist's constitutional due process or privacy rights when they issued a press release announcing the $300,000 settlement of a False Claims Act case based on Medicaid billing claims, a state appellate panel ruled Friday.

  • September 25, 2026

    Rail Industry Wants Full 11th Circ. To Review FRA Rule

    Railroad industry groups are asking the Eleventh Circuit to hold an en banc rehearing after a split panel rejected their challenge to a 2024 Federal Railroad Administration rule requiring two-person train crews, saying the panel's decision expands agency authority and goes against Supreme Court precedent.

  • September 25, 2026

    Colo. Panel Puts Burden On Defense In Coercion Claims

    An appeals court in Colorado has ruled for the first time that an evidentiary hearing is not always necessary to determine whether statements made to police by third-party codefendants were made voluntarily.

  • September 25, 2026

    Southwest Investors Ask 5th Circ. To Revive 'Meltdown' Suit

    Southwest Airlines investors have asked the Fifth Circuit to revive their securities fraud suit, alleging the airline's 2022 holiday travel "meltdown" stemmed from outdated technology and a flawed flight route structure, and that they have provided enough evidence showing the company made false statements to the public.

  • September 25, 2026

    US To Appeal Calif. Wind Farm's $49.4M In Cash Grants

    The federal government will appeal the U.S. Court of Federal Claims' July approval of $49.4 million in additional renewable energy cash grants to the country's second-largest wind farm, which has been embroiled in a decade-old dispute over the funds, according to a filing Friday.

  • September 25, 2026

    How A Calif. Ruling May Ease Court Reporter Shortage Effect

    A recent California Supreme Court ruling could help low-income litigants overcome a court reporter shortage that has left millions of hearings without an official record, undermining their chances of successfully appealing court decisions. For domestic violence survivors, advocates say, that record can mean the difference between challenging a potentially dangerous court order and having no viable path to appeal.

  • September 25, 2026

    Balancing The Scales: Concealed Carry, 'Weird' Arguments

    The Eleventh Circuit ruled that police spotting a gun protruding from a defendant’s pocket wasn’t enough to trigger reasonable suspicion in Florida, a state where concealed carry is treated as presumptively legal, and the Fifth Circuit rejected a “weird” argument from a person convicted of being a felon in possession. Here, Law360 highlights access to justice stories arising from litigation, verdicts and judgments you may have missed.

  • September 25, 2026

    A2J At The High Court: Gun Bans, Voting And Civil Remedies

    From the right to own semiautomatic rifles to the rules governing voter registration, the upcoming U.S. Supreme Court term will see the justices tackle a broad swath of constitutional and access to justice issues.

  • September 25, 2026

    Online Gambling Co. Wins £13M Tax Appeal Over Free Spins

    A gambling company isn't liable for about £13.2 million ($17.5 million) in U.K. remote gaming duties because free spins it awarded as prizes from a game for new users qualified for an exclusion from those duties, a London court said Friday.

Expert Analysis

  • Fed. Circ. Clarifies Standard For Contesting CICA Overrides

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    The Federal Circuit's recent holding in Life Science Logistics strengthens the hand of protesters facing an override of the Competition in Contracting Act stay, and a Court of Federal Claims decision the same day demonstrates that how a protester frames its requested relief remains critically important, says Richard Arnholt at Bass Berry.

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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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'

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    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

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    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

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    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

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    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

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    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

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    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.

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