Appellate

  • August 03, 2026

    5th Circ. Blocks Challenge To Gun Prohibition Signage Rules

    The Fifth Circuit has thrown out a suit from a Unitarian church and a coffee shop challenging Texas law that requires specific signage to bar licensed gun owners from bringing their firearms inside, saying they've failed to show any injury, or how the court could redress an injury.

  • August 03, 2026

    Pa. Justices Won't Extend Expired Sentencing Bill Deadline

    Time is up for Pennsylvania lawmakers to develop new sentencing guidelines for second-degree murder, the state Supreme Court effectively said in an order refusing to extend the deadline for the Legislature to craft new minimums, maximums and parole rules.

  • August 03, 2026

    NJ Justices Say Insanity Defense Requires Expert Testimony

    New Jersey's highest court ruled Monday that to raise an insanity or diminished mental capacity defense, a defendant must present testimony from a medical expert that their mental condition caused them to violate the law.

  • August 03, 2026

    Fed. Circ. Rejects Amazon Efforts To Halt Patent Suit In Texas

    The Federal Circuit on Monday said it wouldn't force a Texas federal court to pause a suit accusing Amazon of infringing a pair of Headwater Research LLC patents while a similar suit against Google plays out.

  • August 03, 2026

    Mich. High Court Revives Diminished Capacity Defense

    The Michigan Supreme Court has revived the diminished capacity defense in criminal cases, overruling a 25-year-old precedent that barred defendants from using evidence of mental illness short of legal insanity to challenge whether they acted with the intent required for a crime.

  • August 03, 2026

    How State SG Offices Became A Judicial Pipeline

    The rapid growth of Missouri's solicitor general's office illustrates the import of top state appellate roles, which offer young lawyers a chance to gain courtroom experience they might never acquire in BigLaw. The gig is also, for young conservatives especially, one of the fastest paths to the federal bench.

  • August 03, 2026

    NJ Panel Revives Bank's Greenbaum Rowe Malpractice Suit

    First Bank's legal malpractice suit against Greenbaum Rowe Smith & Davis LLP over a botched loan for a Lexus dealership was revived by a Garden State appeals court Monday, with the panel ruling that the trial court should not have barred the bank's expert report.

  • August 03, 2026

    Fed. Circ. Revives Communications Patent Suit Against Apple

    The Federal Circuit on Monday reinstated a lawsuit accusing Apple of infringing a series of secure communications patents, faulting the way the lower court interpreted certain key terminology in the patents.

  • August 03, 2026

    Fla. Judge Faces Hearing Over Political Donation Penalty

    A Florida state court judge was unable to reach an agreement over how she will be sanctioned for violating a rule regarding political donations, so her disciplinary case will be sent back for a hearing before the state's Judicial Qualifications Commission.

  • August 03, 2026

    Bermuda Firm Owes UK Tax In £41M Dispute, Tribunal Rules

    A Bermuda-based investment firm was a U.K. tax resident for several years and therefore may be liable for over £40.5 million ($54.3 million) in corporate tax because its beneficiary had effective control, a London tribunal ruled.

  • August 03, 2026

    Trump, Copyright Chief Spar Over Justices' Removal Rulings

    The Trump administration and U.S. Copyright Office leader Shira Perlmutter have each told a D.C. federal judge that U.S. Supreme Court rulings in June regarding presidential removal power bolster their side in the fight over her firing, with Perlmutter saying they leave intact her statutory challenge and the government saying they confirm President Donald Trump's authority to oust her.

  • August 03, 2026

    Libertarian Group Backs Farm In DOL In-House Court Fight

    A libertarian public interest law firm urged the U.S. Supreme Court Monday to rule against the Labor Department's authority to adjudicate civil penalties against agricultural employers in house, arguing that Congress never authorized the agency's enforcement scheme under the H-2A guest worker program.

  • August 03, 2026

    Conn. Justices Order Education For Atty Who Missed AI Flubs

    The Connecticut Supreme Court has ordered a GLG Law LLC attorney to complete continuing education after finding that seven errors in filings caused by ChatGPT stemmed from negligence in the use of new technology, not from an intentional attempt to deceive or mislead the court.

  • August 03, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week tackled disputes involving merger litigation, insider trading allegations, books and records demands, advancement proceedings, fiduciary duties, public benefit corporations and more.

  • August 03, 2026

    Pfizer COVID Vaccine Suit Needs 3-Judge Court, Panel Finds

    The D.C. Circuit has revived a couple's suit against Pfizer Inc., federal officials and a pediatrician's office alleging their child died after receiving the COVID-19 vaccine, saying federal law required a three-judge court to decide motions to dismiss, not the single judge who tossed the case.

  • August 03, 2026

    Trump Admin Appeals Order To Improve Adelanto ICE Site

    The Trump administration is seeking to overturn an order from a California federal judge instructing U.S. Immigration and Customs Enforcement to improve conditions at its Adelanto ICE Processing Center East and West.

  • July 31, 2026

    Law360 Names 2026's Top Attorneys Under 40

    Law360 is pleased to announce the Rising Stars of 2026, our list of more than 160 attorneys under 40 whose legal accomplishments belie their age.

  • August 02, 2026

    Mich. Justices Say Enbridge Line 5 Permits Need Reevaluation

    The Michigan Supreme Court threw out state regulators' approval of Enbridge Energy LP's proposed Line 5 tunnel beneath the Straits of Mackinac, ruling that the Michigan Public Service Commission failed to properly analyze the project's environmental impacts under the Michigan Environmental Protection Act and must reconsider the application. 

  • July 31, 2026

    Mich. Justices' Ruling Will Allow Eli Lilly Price-Fixing Probe

    A split Michigan Supreme Court Friday overturned two of its prior rulings that the majority determined had wrongly expanded an exemption in the Michigan Consumer Protection Act, opening the door for the state's attorney general to take action against misconduct in a range of industry sectors.

  • July 31, 2026

    9th Circ. Seeks Nev. High Court Input In Live Nation Class Suit

    The Ninth Circuit Friday sought the Nevada Supreme Court's input on a proposed class action against Live Nation, certifying a question about whether an arbitration agreement is void under Nevada law if "the drafter reserves the unilateral right to modify the entire agreement 'at any time' without notice."

  • July 31, 2026

    3rd Circ. Issues Warning Against Vague Sentencing Factors

    The Third Circuit on Friday upheld the conviction of a man accused of smuggling marijuana into the Virgin Islands, finding in a precedential opinion that a federal court in the territory did not incorrectly rely on his previous arrest record when determining his sentencing length.

  • July 31, 2026

    Calif. Supreme Court Reverses Strike Of 'Less Attentive' Juror

    The California Supreme Court held that a prosecutor's claim that a prospective juror was "less attentive" than others is not enough to support a peremptory strike, saying a 2022 California law aimed at prohibiting bias in juror removals requires more than a behavioral reason.

  • July 31, 2026

    Case Challenging Ban On 'Conversion Therapy' Reopened

    A Washington federal judge has partly revived a family therapist's constitutional challenge of the state's prohibition on a practice commonly known as conversion therapy in the wake of the U.S. Supreme Court's March decision finding that a similar Colorado ban amounted to viewpoint discrimination against a Christian counselor.

  • July 31, 2026

    3rd Circ. Backs Trust In Pa. Game Commission Title Dispute

    The Pennsylvania Game Commission constitutes a Pennsylvania citizen, the Third Circuit ruled Friday in a land title dispute between the commission and a trust, rejecting the commission's "Hail Mary" change in position that it's instead an "arm" of Pennsylvania, which would erase the court's diversity jurisdiction.

  • July 31, 2026

    Del. Supreme Court Ends J&J Bid To Preserve Asbestos Data

    The Delaware Supreme Court on Friday reversed a Chancery Court ruling that had allowed Johnson & Johnson, Dow Chemical and other major asbestos defendants to pursue a novel effort to stop bankruptcy trusts from deleting decades of asbestos claims records, holding that the companies failed to satisfy the requirements for an equitable bill of discovery.

Expert Analysis

  • 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.

  • Fla. Driver Ruling Shows Renewed Focus On Privacy Standing

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    A Florida federal court's recent dismissal of a class action alleging that private driving records had been improperly used in violation of the Driver's Privacy Protection Act suggests that companies defending against privacy class actions in Florida may reconsider Article III challenges at the dismissal stage, say attorneys at Sidley.

  • Vax Ruling Offers Employer Tips For Handling Political Speech

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    A California appeals court's recent decision in Rademacher v. ABC, rejecting a "General Hospital" actor's suit alleging he was terminated for opposing a vaccine policy, demonstrates the importance of the employer's process, including neutral policies, documentation, and evidence of who knew what and when, say attorneys at Krevolin Horst.

  • O Brother, Where Art DAO? Jurisdiction Issues Abound

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    While there is a dearth of decisions examining a decentralized autonomous organization's citizenship for diversity jurisdiction purposes, Second Circuit case law has defined citizenship for other unincorporated entities, which may guide how courts evaluate an increasing number of cases involving DAOs, says Michael Mix at Morrison Cohen.

  • Protecting AI-Driven Innovation In Life Sciences IP

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    Recent developments, including the U.S. Patent and Trademark Office's evolving inventorship standards, and the impact of artificial intelligence on the "person of ordinary skill in the art" standard demand that life sciences companies elevate AI patent strategy to a top priority, says Sandra Haberny at Quinn Emanuel.

  • 2nd Circ. Ruling Notably Limits Sentencing Courts' Discretion

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    The Second Circuit’s recent decision in U.S. v. Dralle clarifies the bounds of sentencing courts’ ability to consider uncharged or co-defendant conduct without tying it to statutory sentencing factors, and it may have broader implications for limiting loss attribution in white collar and other criminal cases, say attorneys at Lowenstein Sandler.

  • High Court's Hikma Decision Reshapes 'Skinny Label' Suits

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    The U.S. Supreme Court's decision in Hikma v. Amarin marks a significant victory for generic drug manufacturers, but rather than putting an end to so-called skinny label inducement claims, it narrows and refocuses them, say attorneys at Sterne Kessler.

  • Opinion

    At High Court, Oil Cos.' Suncor Preemption Claims Fall Short

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    In Suncor Energy v. Boulder County, pending before the U.S. Supreme Court, oil and gas companies argue that municipalities' climate deception claims are equivalent to emissions standards for their industry — but the suit is ultimately incapable of imposing such standards, say Thomas McGarity at the University of Texas School of Law and James Goodwin at the Center for Progressive Reform.

  • 3 Disgorgement Questions Linger After Justices' SEC Ruling

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    While the U.S. Supreme Court’s recent decision in Sripetch v. U.S. Securities and Exchange Commission avoided placing new limits on the SEC’s disgorgement powers, it passed over several questions, including whether the commission can seek disgorgement when returning the money to investors isn't possible, says David Slovick at Kopecky Schumacher.

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