Appellate

  • July 01, 2026

    7th Circ. Backs Fraud Conviction Over WhatsApp Evidence

    The Seventh Circuit on Tuesday affirmed the wire fraud and money laundering conviction of a man who challenged the admission of incriminating WhatsApp messages between him and an uncharged co-conspirator into evidence, saying the government's use of his own pretrial discovery disclosures to authenticate the messages didn't violate his constitutional right to testify.

  • July 01, 2026

    4 Big Colorado Rulings So Far In 2026

    Insurance law took center stage in Colorado's appellate courts during the first half of 2026, but civil rights litigation produced its own notable mark on the landscape. Here, Law360 breaks down four major rulings in Colorado courts from the first half of 2026.

  • July 01, 2026

    3rd Circ. Says Hidden Bank Accounts Count As Tax Evasion

    The Third Circuit found a Pennsylvania insurance business owner guilty of two counts of tax evasion, affirming Wednesday a lower court jury's conclusion that he willfully concealed a bank account on 2016 tax forms while the IRS was pursuing collection action against him.

  • July 01, 2026

    Split Fed. Circ. Backs Block On Generic Of Otsuka Neuro Drug

    A split Federal Circuit panel on Wednesday supported a lower court's temporary block on Hetero Labs from selling a generic version of Otsuka's neurological disorder drug, even as it disagreed with the decision to waive Otsuka's requirement to post a bond while the case proceeds.

  • July 01, 2026

    5th Circ. Says Vape Co. Deserves Jury Trial For $19K HHS Fine

    A split Fifth Circuit panel has thrown out a $19,192 civil penalty against a Texas vape seller issued by the Department of Health and Human Services, saying the company is entitled to a jury trial under the Seventh Amendment and recent U.S. Supreme Court precedent.

  • July 01, 2026

    Pa. Court's Verizon Tower Approval Comes With New Test

    A Pennsylvania appellate court Wednesday set new standards for wireless providers like Verizon to seek local zoning variances, upholding approval of a Lehigh County cell tower while throwing out old Federal Communications Commission guidance on interpreting the Telecommunications Act of 1996.

  • July 01, 2026

    Judiciary Dems Seek DOJ Replies Before Blanche Hearing

    Ahead of acting Attorney General Todd Blanche's confirmation hearing for the permanent position, Democrats on the Senate Judiciary Committee are demanding he provide answers to their outstanding oversight inquiries.

  • July 01, 2026

    3rd Circ. Nixes Life Term In Fatal Drug Sale Case

    The Third Circuit vacated a life sentence issued to a man convicted of selling drugs that ultimately killed the buyer, ruling Wednesday that while his conviction was valid, the lower court improperly considered prior state law drug convictions in fashioning the sentence.

  • July 01, 2026

    Michigan Launches New, Simplified Court Forms

    For the first time since 1979, the Michigan State Court Administrative Office is rolling out new, simplified court forms meant to increase access to justice.

  • July 01, 2026

    NC Panel Revives Constitutional Fight Over Vendor Ordinance

    The ability of local governments to regulate street vendors does not prevent a merchant in the Outer Banks from mounting a constitutional challenge against a city ordinance that restricted her ability to run a pop-up artists market, the North Carolina Court of Appeals said in an opinion switched Tuesday from unpublished to published.

  • July 01, 2026

    Chen Says Herridge Must Name Source Even Under Her Test

    A woman claiming that an FBI agent smeared her by leaking confidential records to then-Fox News journalist Catherine Herridge told the U.S. Supreme Court not to halt Herridge's contempt finding and $800-per-day fine any longer, saying that even under Herridge's preferred test, she would still have to identify her source.

  • July 01, 2026

    Wash. Atty Loses Bid For Jury In Dispute Over Bar Sanctions

    A Washington lawyer sanctioned and disciplined for bringing a "frivolous" election suit in 2021 against then-Gov. Jay Inslee has lost her bid to have her ethics charges heard by a jury, with a state appeals panel finding no error in a trial court's ruling that it lacked jurisdiction to take on the disciplinary matter.

  • July 01, 2026

    Fed. Circ. OKs Rejection Of 'Mon Ami' Dog Treat TMs

    The Federal Circuit on Wednesday refused to revive a bid to register "Mon Ami" as trademarks for dog treats, agreeing with the Trademark Trial and Appeal Board's finding that the marks were too similar to an earlier mark.

  • July 01, 2026

    White House Recordkeeping Suit Paused While Gov't Appeals

    A D.C. federal judge has paused a suit accusing the Trump administration of skirting White House recordkeeping rules while the government appeals the preliminary injunction granted last month.

  • July 01, 2026

    Medical Marijuana Cos. Seek To Back DOJ In DC Circ.

    Two medical marijuana companies are seeking to intervene in a pending legal challenge to a U.S. Department of Justice final rule loosening federal restrictions on state-sanctioned medical cannabis, saying they would be harmed by the rule's rescission.

  • July 01, 2026

    Plea Deals Get Scrutiny In 'Hunter,' But Justices Stay Cautious

    The shock for Mary Fan came almost immediately after she began her career as a federal prosecutor in Southern California in the mid-2000s.

  • June 30, 2026

    2nd Circ. Backs NY Gas Appliance Ban In Split With 9th Circ.

    New York City and the Empire State can enforce their laws effectively banning fossil-fuel appliances in new buildings, the Second Circuit ruled Tuesday, splitting from the Ninth Circuit in rejecting trade groups and unions' arguments that the statutes run afoul of federal law.

  • June 30, 2026

    Justices' Birthright Ruling Leaves Little Room For Congress

    The U.S. Supreme Court's 5-4 holding Tuesday that President Donald Trump's executive order limiting birthright citizenship is unconstitutional did more than invalidate the policy, it effectively foreclosed Congress from trying to implement the executive order through legislation, experts told Law360.

  • June 30, 2026

    Texas Court Sends 4 Asbestos Suits Out Of MDL Court

    A Texas appeals court on Tuesday found that multiple families of people who died following diagnoses of asbestos-related malignancies can remand their cases back to the courts they initially filed in, saying the multidistrict litigation rules do not apply to their cases.

  • June 30, 2026

    Morgan & Morgan Wins Bid To Arbitrate Ga. Malpractice Suit

    A Georgia appellate panel on Tuesday sent to arbitration a legal malpractice case accusing Morgan & Morgan of inducing a former auto collision client to accept a $750,000 settlement when the case was purportedly worth more, saying a broad arbitration clause in the representation agreement was valid and enforceable.

  • June 30, 2026

    Coca-Cola Bottler Off The Hook In Cop Crash Suit

    The Coca-Cola Bottling Co. United-East LLC has beaten a personal injury lawsuit stemming from a three-car pileup with a police car, after a Georgia state appeals court ruled on Tuesday that there is no evidence to suggest that the driver of the company's tractor-trailer did anything wrong.

  • June 30, 2026

    11th Circ. Says Atlanta Officer Can't Undo $21M Taser Verdict

    The Eleventh Circuit on Tuesday upheld a $21 million verdict against an Atlanta Police Department officer whose shocking of a man with a Taser left him paralyzed from a resulting fall, keeping intact a $20 million compensatory damages award and a previously slashed $1 million in punitive damages.

  • June 30, 2026

    3rd Circ. Says Pro Se Defendant Can't Get Trial Redo

    The Third Circuit on Tuesday said it would not reward a self-represented defendant's "chicanery," upholding a man's conviction for child sexual abuse after finding he was aware he was facing a functional life sentence before proceeding to trial pro se, and that a misstatement by the trial judge in his case did not change that.

  • June 30, 2026

    Cigna, Others Fight Ohio AG's Drug Price-Fixing Suit

    Ohio pharmacy benefit managers and their corporate parents urged a federal judge to toss the state's drug price-fixing lawsuit, saying in a series of briefs that the state is trying to skirt federal pleading standards, collapse corporate separateness and stretch Ohio's antitrust law beyond its limits.

  • June 30, 2026

    FERC Future Fuzzy After High Court's Agency Firings Ruling

    The Federal Energy Regulatory Commission faces an uncertain future following the U.S. Supreme Court's blockbuster ruling that presidents have unlimited authority to fire members of independent agencies, which creates new risks for an energy industry that's used to regulatory continuity at FERC.

Expert Analysis

  • 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.

  • How NEPA Review Has Changed Since Seven County

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    A year after the U.S. Supreme Court's decision in Seven County Infrastructure Coalition v. Eagle County instituted major changes to judicial review under the National Environmental Policy Act, courts are effectively applying the decision, but where things go from here may be up to agencies and project proponents, say attorneys at Venable.

  • A Midyear Look At Antiterrorism Act Jurisprudence And Policy

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    Plaintiffs have filed comparably fewer new actions under the Antiterrorism Act this year, though a handful of key decisions further defined the statute’s aiding-and-abetting standard and highlighted continuing risks for financial services companies, say attorneys at Skadden.

  • Justices' ICA Ruling Provides Certainty For Regulated Funds

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    The U.S. Supreme Court's recent ruling in FS Credit v. Saba that a contract-rescission provision of the Investment Company Act does not provide investors with a private right of action is a victory for the regulated fund industry, emphasizing that where Congress intended to create private remedies, it did so expressly, say attorneys at Simpson Thacher.

  • Justices' Obstruction Ruling Clears Venue-Challenge Path

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    While the U.S. Supreme Court’s recent ruling in Abouammo v. U.S. poses venue challenges for federal obstruction of justice prosecutions, it is a gift for defense counsel because it offers a clean, constitutional basis to challenge venue where a place of falsification and a place of investigation diverge, says Liz Aloi at MoFo.

  • Drawing A Line Between Settlement Pressure And Extortion

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    U.S. v. Luo, pending in the U.S. District Court for the Southern District of New York, may force courts to address anew when settlement negotiations become criminal extortion, particularly in the age of easily fabricated digital evidence, says attorney Denis Kiely.

  • Recent Cases Clarify When Risk Disclosures Trigger Liability

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    Several recent decisions highlight circumstances where risk disclosures can constitute actionable misrepresentations, providing clarity on how the Private Securities Litigation Reform Act's safe harbor and the common-law bespeaks caution doctrine apply to risk disclosures, and how publicly traded companies can guard against such claims, say attorneys at Katten.

  • Securities Class Cert., 5 Years After Goldman Ruling

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    The U.S. Supreme Court's 2021 decision in Goldman Sachs Group v. Arkansas Teacher Retirement System has not only armed defendants in securities cases with more arguments in individual class certification fights, but may also be providing greater certainty and finality in class certification battles, say attorneys at Skadden.

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