Appellate

  • October 19, 2026

    Calif. Appeals Court Revives Claims In Northrop Wage Row

    A California appeals court has partially reopened a former employee's suit alleging that Northrop Grumman illegally issued multiple wage statements per pay period to some of its workers, ruling that a trial court must decide if the company's actions were in good faith before it can award damages.

  • October 19, 2026

    Split 1st Circ. Nixes Plea Over Flawed Immigration Advice

    A divided First Circuit panel upheld a decision to vacate a Venezuelan woman's drug conspiracy conviction because a lawyer incorrectly assured her that she could remain in the U.S. and "work out" her immigration status after she pled guilty.

  • October 19, 2026

    5th Circ. Unwinds Cassava Class Over 'Meme Stock' Claims

    The Fifth Circuit has overturned the class status of investors accusing Cassava Sciences Inc. of making misleading statements about clinical trial results for a potential Alzheimer's drug, saying that a lower court judge did not properly consider the company's arguments that its stock price was impacted by the "meme stock" craze.

  • October 19, 2026

    3rd Circ. Denies Church Interim Relief In Shrine Zoning Fight

    A church may be likely to win its case that a Pittsburgh-area zoning board violated its religious liberties by rejecting a shrine to the "sanctity of life," but a split Third Circuit panel ruled Monday that it did not merit a preliminary injunction because preserving the "status quo" did not require construction of the shrine.

  • October 19, 2026

    Mass. Court Affirms Doctor's Partial Win Over Insurer

    A doctor whose career was cut short after losing the use of his feet is entitled to damages from Paul Revere Life Insurance Co. for breach of contract and unfair settlement practices under state law, but cannot revive other claims tossed by a judge or extend the statute of limitations, an intermediate appellate court said Monday.

  • October 19, 2026

    Puerto Rico Towns Say Climate Suit Deadline Creates 'Trap'

    Puerto Rico municipalities have told the First Circuit that a lower court dismissing as untimely their antitrust and racketeering lawsuit saying energy companies concealed the climate change dangers of fossil fuel products "presents a trap" for any such claims.

  • October 19, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week blocked Cloudflare Inc. from completing a restructuring meant to preserve its founders' voting control, while Tower Semiconductor Ltd. accused Intel Corp. of backing out of a semiconductor manufacturing agreement and social media company Triller Group Inc. challenged its removal from Nasdaq.

  • October 19, 2026

    NJ Panel Urged To Apply Bias Law To Commercial Tenants

    A clothing boutique owner urged a New Jersey appellate court Monday to revive her sexual harassment claim against her landlord, arguing that the state's discrimination law applies to commercial tenancies.

  • October 19, 2026

    Biz Groups Back Health System's Win In 401(k) Forfeiture Suit

    The U.S. Chamber of Commerce and an employee benefit administrator trade group backed a Louisiana healthcare system's win over a lawsuit challenging its use of forfeited 401(k) funds to cover employer contributions, telling the Fifth Circuit that federal regulations have greenlighted the practice for decades.

  • October 19, 2026

    Fed. Circ. Says Metadata Backs Valtrus In Google Search IPR

    The Federal Circuit on Monday rejected Google's efforts to renew its Patent Trial and Appeal Board challenge of a Valtrus Innovations Ltd. search engine patent, saying that Microsoft Word metadata could be used to prove that the invention predated an earlier application for another patent.

  • October 19, 2026

    DOJ Appeals New Trial Order In Ex-NFL Player's Fraud Case

    The U.S. Department of Justice said it's asking the Fifth Circuit to review a Texas federal judge's decision to grant a new trial for a former NFL player convicted in a $328 million Medicare billing scheme.

  • October 19, 2026

    6th Circ. Says Girlfriend Can Consent To Parole Phone Search

    The Sixth Circuit has ruled that a man convicted of a weapons felony cannot suppress evidence from a warrantless search of his phone, because his girlfriend gave the password to his parole officers and allowed them to review photos stored on the device.

  • October 19, 2026

    Amazon Union Pans Co.'s Case In 5th Circ. Election Challenge

    Amazon's challenge to the National Labor Relations Board's order to bargain with workers at a Staten Island warehouse relies on "extraordinarily strained readings of the board's decision" to reject its objections to an election the union won handily, the Teamsters told the Fifth Circuit.

  • October 19, 2026

    FCC Urged To Consider New Cellphone Radiation Studies

    An environmental group told the Federal Communications Commission it has an obligation to scrutinize existing science rather than lean on years-old conclusions as it examines the health effects of cellphone radiation.

  • October 19, 2026

    5th Circ. Says Texas Can Block China-Linked Energy Deal

    The Fifth Circuit has affirmed an order dismissing a suit from the subsidiary of a Chinese company over the blockage of its investment into Texas energy grid assets, finding that federal regulations don't preempt a state law blocking energy investments by China and other countries.

  • October 19, 2026

    9th Circ. Renews Coverage Suit Under Ariz. 'Fortuity' Test

    The Ninth Circuit has revived a landlord's suit seeking coverage for $2.7 million in water damage after the Arizona Supreme Court for the first time defined a "fortuitous loss" in an insurance policy in response to a certified question.

  • October 19, 2026

    Full Fed. Circ. Won't Revive Insulet's $59M Trade Secrets Win

    The Federal Circuit will not reinstate a jury's $59.4 million trade secret theft verdict against EOFlow Co. Ltd., rejecting insulin product developer Insulet Corp.'s request for rehearing of a panel decision overturning the award.

  • October 19, 2026

    Khalil Asks Justices To Review His Right To Habeas

    Former Columbia University student Mahmoud Khalil asked the U.S. Supreme Court on Monday to decide whether district courts have authority to hear constitutional challenges to immigration detention through habeas corpus petitions.

  • October 19, 2026

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

    The U.S. Supreme Court declined to take up cases from Google, a U.S. Navy contractor, and other appellate hopefuls on Monday, according to an order list.

  • October 19, 2026

    Ga. High Court Won't Hear Oral Args In Judge's Ethics Case

    The Georgia Supreme Court has denied a request to hold oral arguments for a probate court judge facing ethics charges for delaying several cases.

  • October 19, 2026

    US Seeks High Court Argument Time In Arizona Voter ID Fight

    The federal government is asking the high court to allow it to argue in favor of the Republican National Committee's bid to reverse a Ninth Circuit decision over two Arizona voting laws, saying it has a substantial interest in federal voting laws and their proper interpretation.

  • October 19, 2026

    Supreme Court To Tackle Admissions Bias Circuit Split

    The U.S. Supreme Court said Monday that it will decide what type of evidence is needed to claim facially neutral admissions policies are racially discriminatory, after turning away two similar cases in the three years since the justices barred the use of affirmative action in higher education.

  • October 19, 2026

    4 Justices Sit Out Appeal, Leaving Copyright Ruling Intact

    The U.S. Supreme Court on Monday left intact a far-reaching Fifth Circuit ruling holding that U.S. copyright termination can recapture foreign rights conveyed in a worldwide grant, not by denying an appeal from major music publishers, but because four justices sat out and left the court without enough members to hear the case.

  • October 19, 2026

    Psilocybin Church Leader Asks 10th Circ. To Redo Ruling

    The founder of a Utah church that uses psilocybin in its practices is asking the Tenth Circuit for an en banc rehearing of a decision allowing officials to prosecute him and the church for drug use, saying the decision violates the First Amendment right to free exercise of religion.

  • October 19, 2026

    Justices Won't Test NLRB Firing Protections After Slaughter

    The U.S. Supreme Court on Monday turned away former National Labor Relations Board member Gwynne Wilcox's challenge to a split D.C. Circuit ruling allowing her firing, declining to ponder whether board members' job protections survived last term's decision in Trump v. Slaughter. 

Expert Analysis

  • Fla. Justices Give Trial Judges More Dismissal Discretion

    Author Photo

    The Florida Supreme Court's recent decision in Publix Supermarkets Inc. v. Goga confirmed that appellate courts should not apply a heightened standard when reviewing severe sanctions for fraud on the court, granting greater deference to trial courts, says Brent Hartman at RumbergerKirk.

  • Opinion

    2nd Circ. Tylenol Ruling Misapplies Daubert Gatekeeping

    Author Photo

    The Second Circuit's recent ruling in Rutledge v. Walgreen Co., holding that a lower court should not have excluded experts alleging links between prenatal acetaminophen use and autism, threatens to swallow the Daubert standard by limiting courts' consideration of scientific consensus in assessing reliability of expert testimony, say attorneys at Benesch.

  • Limiting Employer Risk If Calif. Case Upends Time Rounding

    Author Photo

    The California Supreme Court's holdings in recent years suggest that it may tighten the rules for — or even eliminate — time clock rounding when it decides Camp v. Home Depot, so employers should consider taking preemptive steps to guard against large potential liability, says Jacqueline Crispino at the Jhaveri-Weeks Firm.

  • AG Watch: Va. Auto Renewal Law Clears Enforcement Path

    Author Photo

    The most consequential aspect of recent amendments to Virginia's automatic renewal law is the enforcement authority it creates, giving the attorney general a clear statutory pathway to pursue cases involving subscription-related compliance failures under the Virginia Consumer Protection Act, says Chuck Slemp at Cozen O'Connor.

  • 4th Circ. Boeing Class Cert. Ruling May Have Limited Reach

    Author Photo

    While the Fourth Circuit's recent decision to reverse class certification against Boeing appears to potentially create a circuit split or heighten the standards for achieving class certification, that conclusion overlooks the decision's very specific circumstances, and its impact will likely be limited outside the circuit, say attorneys at Bleichmar Fonti.

  • Fed. Circ.'s Shaping Of Tech Patent Doctrine Resembles EPO's

    Author Photo

    The Federal Circuit's recent decision in Ceiva v. Amazon crystallizes an informal U.S. heuristic, "a technological solution to a technological problem," rewarding emphasis of a traceable chain from a problem to a solution — a lesson similar to the European Patent Office's "technical character" terminology, says Brandon Theiss at AddyHart.

  • 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.

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.