Appellate

  • August 13, 2026

    J&J Says No To Reviving Stelara Case

    Johnson & Johnson has asked the Fourth Circuit not to revive CareFirst's antitrust suit alleging the company tried to monopolize the market for the immunosuppressive drug Stelara.

  • August 13, 2026

    Texas Appeals Court Flips $34M Verdict In Hospital Suit

    A Texas appeals court wiped out a $34 million verdict against a healthcare company Thursday, saying the trial court interpreted the parties' contract incorrectly and the company did not breach its agreement with a private orthopedic practice group.

  • August 13, 2026

    Kalshi Must Suspend Most Wash. Offerings, Install Geofencing

    A Washington state court judge has blocked Kalshi from offering event contracts to state residents in most of its prediction market categories while the attorney general's legal challenge unfolds, setting deadlines for the platform to institute location-based geofencing, while spurning the company's bid to maintain operations pending appeal.

  • August 13, 2026

    4th Circ. Won't Undo Block Of Gilead-Branded Drug Imports

    The Fourth Circuit on Thursday refused to undo a lower court's order in a trademark suit that blocked a vendor, used by health plans to cut medication costs, from importing Gilead-branded medications into the U.S.

  • August 13, 2026

    6th Circ. Jails Minnesota Activist Over Anti-ICE Threats

    A self-described "antifa" member from Minneapolis must return to jail on federal charges of cyberstalking and making threats against supporters of U.S. Immigration and Customs Enforcement, with a divided Sixth Circuit panel determining he still poses a threat to the public.

  • August 13, 2026

    Lindberg Carriers Urge NC Panel To Affirm $467M Judgment

    Several insurance companies asked a North Carolina state appeals court to affirm a $467 million fraud damages award granted by a trial court against convicted insurance magnate Greg Lindberg and his private investment firm Global Growth Holdings, maintaining that Lindberg recycled "already rejected" arguments regarding the insurers' recovery.

  • August 13, 2026

    Split 11th Circ. Backs IRS $1M Value For Contested Easement

    A split Eleventh Circuit panel affirmed a decision to slash three Georgia landowners' conservation easement value from $18 million to $1 million Thursday, saying the U.S. Tax Court didn't need to determine the property's best use because the parties already agreed on that use.

  • August 13, 2026

    Nike Agrees To End Appeal Of TM Fee Award At 3rd Circ.

    Clothing-maker Lontex Corp. and Nike Inc. have agreed to put an end to their battle over a lower court's finding that the sportswear giant had to pay attorney fees in a trademark case, asking the Third Circuit to undo a decision that the case was exceptional.

  • August 13, 2026

    3rd Circ. Upholds Dismissal Of Lipitor Pay-To-Delay Case

    The Third Circuit on Thursday backed the dismissal of an antitrust suit alleging Pfizer Inc. and Ranbaxy Laboratories Ltd. conspired to delay the market entry of a generic version of the cholesterol drug Lipitor, ruling that the plaintiffs lacked standing.

  • August 13, 2026

    GEO Takes Immunity Delay To 10th Circ. In Forced Labor Suit

    Private prison operator GEO Group Inc. has filed a notice of appeal seeking Tenth Circuit review of a Colorado federal judge's failure to rule on its qualified immunity bid in a forced-labor suit by detainees, arguing further delay would effectively deprive it of that protection.

  • August 13, 2026

    Ohio High Court Reinstates $1.9M Farmworker Injury Verdict

    The Ohio Supreme Court has revived a $1.9 million verdict in favor of a farmworker over injuries he sustained on the job, finding the appeals court wrongly required that he prove that his employer had deliberately not reattached a safety guard on the tractor that injured him.

  • August 13, 2026

    5th Circ. Narrows Tax Break Ruling For Limited Partners

    A Fifth Circuit panel revised its ruling in a long-running feud over the self-employment tax exclusion for certain business partners, adjusting its interpretation of "limited partner" and narrowing its finding that a state's limited liability designation triggers the tax break.

  • August 13, 2026

    DOJ Backs X Corp.'s 5th Circ. Advertiser Boycott Appeal

    The U.S. Justice Department backed X Corp. on Wednesday by arguing in a Fifth Circuit amicus brief that a Texas federal judge botched the antitrust injury analysis when tossing a lawsuit accusing Mars, CVS, Nestle, Lego, Tyson Foods and other advertisers of agreeing to boycott the social media platform after Elon Musk's purchase.

  • August 13, 2026

    4th Circ. Won't Rehear Tort Atty's $25M Extortion Conviction

    The Fourth Circuit has declined to reconsider its affirmance of the conviction of a prominent medical malpractice attorney for attempting to extort the University of Maryland Medical System for $25 million.

  • August 13, 2026

    NJ Takes Labor Peace Pact Fight In Pot Case To 3rd Circ.

    New Jersey cannabis regulators filed a notice Thursday that they would appeal a federal court's recent ruling that a state rule requiring marijuana businesses enter into labor peace agreements with unions in order to secure a license is preempted by federal law.

  • August 13, 2026

    Mich. Panel Says Rape-Shield Rules Don't Apply At Prelims

    A Michigan appellate panel ruled that the procedural requirements of the state's rape-shield law do not apply during preliminary examinations, finding that defendants in criminal sexual conduct cases do not have to file a written motion and offer of proof at that stage before seeking to introduce certain evidence of an accuser's past sexual conduct.

  • August 13, 2026

    3rd Circ. Agrees Exec's Rudeness Can't Uphold Race Bias Suit

    The Third Circuit backed the dismissal of a Black biomedical factory director's race bias suit claiming a safety inspector targeted him with unnecessary audits out of discrimination, finding Thursday that the inspector's prickly personality did not amount to illegal conduct.

  • August 13, 2026

    9th Circ. Won't Revive Hemp Co.'s $2.75M Destruction Suit

    The Ninth Circuit won't reinstate a suit against the city of Tacoma, Washington, by the owner of a hemp company who alleges the city's police department illegally destroyed $2.75 million worth of industrial hemp as illegal cannabis, saying he failed to establish municipal liability.

  • August 13, 2026

    Trump Picks Ex-Arkansas SG, Walmart Lawyer For 8th Circ.

    President Donald Trump has announced that he's looking to elevate Judge Lee Rudofsky of the Eastern District of Arkansas to the U.S. Court of Appeals for the Eighth Circuit.

  • August 12, 2026

    $190K Or $1.9M? Goldstein, DOJ 'At Impasse' Over Forfeiture

    Tom Goldstein and the U.S. Department of Justice aired dramatically divergent views Wednesday of a looming financial penalty for his fraud convictions, with the famed appellate advocate voicing constitutional objections to the DOJ's request for almost $2 million and revealing that prosecutors spurned a far smaller offer.

  • August 12, 2026

    Full 5th Circ. Rejects Planned Parenthood's Immunity Appeal

    The full Fifth Circuit Wednesday tossed an appeal over whether Planned Parenthood is entitled to attorney immunity in a whistleblower suit accusing the organization of improper Medicaid billing, reversing a panel's decision that went in favor of Planned Parenthood.

  • August 12, 2026

    11th Circ. Revives Beef Over Boar's Head Heir Shares

    The Eleventh Circuit on Tuesday vacated a district court's ruling that backed two transfers of Boar's Head Provisions Co. Inc. shares from a co-founder's grandson to his son, saying the lower court made errors in its analysis of the transfers' validity.

  • August 12, 2026

    DC Court Says Firms' Fee Arbitration Pact Wasn't Coerced

    An appeals court has affirmed an arbitral award issuing a Washington, D.C., law firm zero fees in connection with efforts by defense contractor Wye Oak Technology Inc. to enforce a $120 million judgment against Iraq, rejecting the firm's argument that an underlying fee deal was coerced.

  • August 12, 2026

    In 'Close' Call, 7th Circ. Backs FDIC In-House Enforcement

    In what the court called a "close and challenging call," the Seventh Circuit on Wednesday ruled the Federal Deposit Insurance Corp. could use in-house proceedings to adjudicate claims of unsound banking practices, rejecting a former Illinois community bank chairman's contention that such proceedings violate his right to trial by jury.

  • August 12, 2026

    Suit Over Alleged Work Trip Sex Assault Revived

    An Indiana appeals court has revived a workplace rape lawsuit against delivery contractor Catucky Derby Inc., ruling a trial court was wrong to dismiss the employee's claims that the company fostered a drinking culture that led to the owner's brother assaulting a coworker.

Expert Analysis

  • Opinion

    After Monsanto, Defense Bar Must Build Case Against Lohr

    Author Photo

    The U.S. Supreme Court's recent decision in Monsanto v. Durnell has helped to demolish the foundation for its problematic 1996 ruling in Medtronic v. Lohr — so now defense counsel should lay the groundwork for the high court to overturn Lohr, say attorneys at Blank Rome.

  • Justices' FTC Ruling Weakens Qui Tam's Constitutional Base

    Author Photo

    The U.S. Supreme Court’s holding in Trump v. Slaughter, expanding presidential control over those exercising executive power, suggests that courts may be receptive to arguments challenging the constitutional foundations of the False Claims Act’s qui tam mechanism, says Daniel Passeser at Wiggin.

  • 9th Circ. Rule Block Unlikely To Deter FinCEN Cartel Focus

    Author Photo

    The Ninth Circuit recently blocked the Financial Crimes Enforcement Unit's border cash reporting rule, interpreting it as an impermissible use of an emergency anti-money laundering tool, but regulators are more likely to see the opinion as a road map for building a more defensible rule, say attorneys at Bradley Arant.

  • 5 Financial Statement Fraud Red Flags To Spot Post-Sripetch

    Author Photo

    The U.S. Supreme Court recently held in Sripetch v. U.S. Securities and Exchange Commission that disgorgement exists to strip a wrongdoer of unjust enrichment, not merely to compensate victims for what they lost, shifting the work at the center of securities fraud cases in five ways, says Rand Manasse at Green Lane Partners.

  • QVC Ch. 11 Confirmation Shows Independent Directors' Value

    Author Photo

    QVC's recently confirmed Chapter 11 plan joins a growing body of restructuring precedent demonstrating that well-functioning independent director frameworks can create the evidentiary and governance foundation necessary to resolve complex intercompany disputes, preserve value and secure judicial approval of contested transactions, say attorneys at Choate.

  • Series

    Being A Sommelier Makes Me A Better Lawyer

    Author Photo

    Being a sommelier has quietly shaped how I practice law by changing the way I think, communicate and connect with people, and offers a constant reminder that expertise is about making your knowledge useful and accessible to others, says Kara Du at Sheppard.

  • MF Doom IP Suit Highlights Hurdles For Trademark Claims

    Author Photo

    A recent lawsuit involving unauthorized merchandise bearing MF Doom's name and likeness is likely a preview of how infringement and counterfeit cases against online marketplaces will be defended going forward, shedding light on how intellectual property counsel can avoid dismissal of their claims, say Purdue Global Law School professor Scott Mortman and Southwestern Law School student Eden Burkow.

  • Calif. Drug Ruling Affirms Defect-Centric Liability Framework

    Author Photo

    The California Supreme Court's decision in Gilead Tenofovir Cases this week rejects a novel duty-to-innovate theory of negligence that could have reshaped product liability exposure well beyond the pharmaceutical industry, instead signaling that negligence claims premised on nondefective products are unlikely to succeed, say attorneys at Dechert.

  • Navigating Court Divergence On Method Claims And Venue

    Author Photo

    After the U.S. Supreme Court's recent Hikma v. Amarin decision putting a spotlight on the pleading standard for inducement, patent litigants must adapt to courts' differing approaches to how separate method steps affect the determination of patent venue validity, say attorneys at Weil.

  • AI, Prediction Markets Lead Securities Developments In 2026

    Author Photo

    Securities class actions tied to artificial intelligence and the battle over prediction market regulation both raise novel questions that courts are only beginning to address and that will continue to resonate throughout the second half of the year, say attorneys at Skadden.

  • Where Is The Line On Actionable Comms In Securities Cases?

    Author Photo

    Recent securities cases demonstrate the difficulty in discerning a clear difference between statements made in connection with the purchase or sale of securities and those that aren't, with that line more likely attributable to individualized factual situations than to any doctrinal differences of opinion between various courts, says Samuel Groner at Fried Frank.

  • NJ Supreme Court Ruling Exposes D&O Gaps For PE Boards

    Author Photo

    The New Jersey Supreme Court's recent decision in Mist Pharmaceuticals v. Berkley Insurance, barring directors and officers coverage, serves as a cautionary tale for private equity executives serving in overlapping roles at sponsor and portfolio companies, say attorneys at Reed Smith.

  • Post-Ismael Bias Cases Reinforce Familiar Employer Lessons

    Author Photo

    Despite the Eleventh Circuit's 2025 decision in Ismael v. Roundtree sparking concern that summary judgment could become more difficult for employers in discrimination and retaliation cases, courts continue to examine whether the employer's explanation, decision-making process and contemporaneous record tell a consistent story, say attorneys at Krevolin Horst.

  • Fed. Circ. In June: When Courts Can't Correct Patent Errors

    Author Photo

    The Federal Circuit's recent decision in Enanta v. Pfizer explores and clarifies the limits of what can be corrected in a patent application, even if the error is obvious, say attorneys at Knobbe Martens.

  • Challenging Detention After 5th Circ. Ends Bond Clocks

    Author Photo

    After the vacatur of the Fifth Circuit’s holding that the U.S. Constitution requires bond hearings for detained noncriminal noncitizens, practitioners should go back to filing habeas petitions, pending the court's en banc rehearing, says Kemal Hepsen at Mandamus Lawyers.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Appellate archive.