Appellate

  • October 16, 2026

    NORML Urges 6th Circ. To Reconsider Pot Illegality Ruling

    The National Organization for the Reform of Marijuana Laws, a leading cannabis consumer advocate, is urging the Sixth Circuit to rehear its decision throwing out a $31.8 million jury verdict for a Michigan marijuana grower, arguing federal illegality should not categorically bar contract damages against a cannabis purchaser that breached a supply deal.

  • October 16, 2026

    5th Circ. Revives Snapper Switch Suit Against Upscale Resto

    The Fifth Circuit Friday revived a proposed class action that accused a historic fine-dining Mississippi restaurant of scheming to sell inexpensive foreign fish while pricing them as more expensive premium local fish, saying in a published opinion that a diner plausibly alleged the fish mislabeling was "widespread and routine."

  • October 16, 2026

    DC Circ. Questions Trump Records Ownership Claim

    Judges on the D.C. Circuit hounded a Trump administration attorney over the White House's attempt to do away with the Presidential Records Act on Friday, as they searched to find the limit on the president's authority over his own work documents.

  • October 16, 2026

    Whataburger Can't Arbitrate Ex-Worker's Sex Assault Suit

    A Texas appellate court has declined to send a former Whataburger employee's lawsuit to arbitration, finding that the allegations of unwanted sexual touching trigger a federal law that bars arbitration of sexual assault and sexual harassment claims.

  • October 16, 2026

    8th Circ. Upholds Denial of Gambian Man's Asylum Bid

    The Eighth Circuit denied a Gambian man's bid for asylum, saying there was no evidence in the record showing that the current administration in The Gambia would subject him to persecution for his criticisms of a past government.

  • October 16, 2026

    4th Circ. Says Religious Org. Can't Invoke Bias Law Carveout

    A split Fourth Circuit panel refused Friday to disturb a trial court's ruling that a religious humanitarian nonprofit violated discrimination laws by nixing health insurance coverage for a gay employee's husband, saying the employer was pushing for "nearly unbounded immunity."

  • October 16, 2026

    10th Circ. OKs EPA's Okla. Indian Country Programs Approval

    The Tenth Circuit rejected a Native American tribe's challenge to the U.S. Environmental Protection Agency's decision to approve Oklahoma's request to extend the state's administration of federal environmental regulatory programs to Indian Country, ruling Friday that a provision of a 2005 transportation bill controls the outcome.

  • October 16, 2026

    9th Circ. Decertifies Tesla 'Full Self-Driving' False Ad Classes

    The Ninth Circuit on Friday decertified a class action alleging Tesla deceived consumers into believing that its cars could fully drive themselves, saying there's no proof that all class members saw the same purportedly false statement on Tesla's website about its cars' hardware.

  • October 16, 2026

    FCC Eyes 'All Options' As 5th Circ. Orders Subsidy Fee Redo

    The Federal Communications Commission said Friday it was exploring all options for managing the $9 billion Universal Service Fund after a Fifth Circuit panel ruled the FCC lacked authority to create the funds' private oversight company.

  • October 16, 2026

    6th Circ. Backs Insurers In $6.3M Crypto Fire Loss Suit

    The Sixth Circuit has affirmed the dismissal of two cryptocurrency mining companies' claims that Travelers Insurance Co. and Northfield Insurance Co. exacerbated their building's fire loss through the claim handling process, finding the mining companies failed to allege the insurance companies owed them a duty of care outside contractual obligations.

  • October 16, 2026

    Texas Justices OK Arbitration In Trampoline Park Injury Suit

    The Texas Supreme Court ruled Friday that an Urban Air trampoline park and related entities can compel arbitration of a minor's injury claims, saying the language in the arbitration agreement signed by the child's mother expressly covers "protected parties" such as the entities.

  • October 16, 2026

    Balancing The Scales: Criminal Appeals, Sentencing Rules

    The Second Circuit has been ordered to take another look at a murder-for-hire conviction in light of the high court's new miscarriage-of-justice exception for criminal appeal waivers, and the top courts in Pennsylvania and Michigan will look at the retroactivity of new sentencing rules. Here, Law360 highlights access to justice stories arising from litigation, verdicts and judgments you may have missed.

  • October 16, 2026

    Fed. Circ. Stands By Double Denials, SpaceTime3D PTAB Loss

    The Federal Circuit declined Friday to rehear two cases decided in August, one where an e-commerce patent owner was looking for the security to assert its patent in future litigation, and the other where SpaceTime3D was trying to revive patents cut down by Apple and Google.

  • October 16, 2026

    US Inventor Presses Justices To Hear $2.6B Centripetal Case

    US Inventor Inc. has urged the U.S. Supreme Court to revive Centripetal Networks LLC's patent infringement case against Cisco Systems Inc., arguing that a lower court that wiped out a $2.6 billion judgment had wrongly denied Centripetal the chance to respond to new claim construction.

  • October 16, 2026

    Del. High Court Backs Gard In Litigation Funding Fight

    The Delaware Supreme Court has upheld a Chancery Court ruling rejecting claims that hedge fund manager Casey Gard and affiliates improperly shifted a litigation-finance business away from a company he co-owned with attorney Brett K. Findler, ending Findler's challenge to liability findings from a closely watched business breakup.

  • October 16, 2026

    Could A Criminal Sentencing Case Upend Loper Bright?

    U.S. Supreme Court Justice Neil Gorsuch is concerned that a ruling instructing trial courts to defer to the U.S. Sentencing Commission's interpretation of federal sentencing guidelines could blow a "pretty big hole" in the court's recent rejection of deference doctrines. His colleagues, however, don't appear as perturbed.

  • October 16, 2026

    Mass. Court Adds Knowledge Prong To Gun Charge

    Prosecutors must prove that a defendant found with a licensed firearm while intoxicated knew it was loaded in order to secure a conviction under a state law prohibiting such conduct, Massachusetts' intermediate-level appellate court said Friday in vacating a conviction.

  • October 16, 2026

    9th Circ. Won't Rethink $2B Devas Arbitral Award Confirmation

    The Ninth Circuit said Friday it will not disturb a unanimous three-judge panel's decision to enforce a $2 billion arbitral award issued to a satellite communications company, rejecting the award debtor's petition for a rehearing by the full court.

  • October 16, 2026

    Justices Told Siemens Chip Patent Win Shows Fed. Circ. Split

    The owner of a set of patents covering computer chip design wants the U.S. Supreme Court to look at an alleged internal split within the Federal Circuit of how it looks at whether patents are eligible under the high court's Alice test.

  • October 16, 2026

    US Says 1907 Border Strip Lets Wall Work Continue

    The federal government is asking the D.C. Circuit to deny an Arizona tribe's emergency bid to block border wall construction, saying the Indigenous nation's claim that a 1907 law that established the Roosevelt Reservation as part of its traditional homelands ignores history and precedent.

  • October 16, 2026

    Meet The Candidates Seeking A Texas Supreme Court Seat

    Four justices on the all-Republican Texas Supreme Court will defend their seats from Democratic challengers in November, making for a closely watched contest on a bench that's made controversial moves this year.

  • October 16, 2026

    'Defend To The End': Atty Admits Error In Gucci Glasses Suit

    An attorney blamed a "defend to the end" attitude he'd developed while fighting foreclosures for turning a client's dispute over $399 Gucci glasses into a multiyear legal morass that landed him in front of a Pennsylvania disciplinary panel on Friday.

  • October 16, 2026

    11th Circ. Backs Florida Firm In Lender Note Verdict Appeal

    The Eleventh Circuit in an unpublished opinion backed a law firm accused of botching several financial transactions for a Puerto Rican microcap lender, affirming the findings of a jury and a lower court that it didn't commit malpractice by failing to secure the company's assets during bankruptcy proceedings.

  • October 16, 2026

    Mich. Panel Says PIP Opt-Out Bars State Medical Coverage

    Michigan motorists who opt out of personal injury protection medical benefits cannot obtain such coverage through the state's assigned claims plan if they are injured as a non-occupant of a motor vehicle, a Michigan state appeals court ruled.

  • October 16, 2026

    11th Circ. ERISA Exhaustion Shift Furthers Textualist Trend

    An Eleventh Circuit decision overruling decades-old precedent that took a strict view of when federal benefits law claims could be brought in court continues a trend of courts excising judicially imposed rules not contained in statutory text, attorneys say.

Expert Analysis

  • Patent Eligibility Reforms Keep Chasing The Wrong Fixes

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    Repeated efforts to create a consistent, predictable patent eligibility standard under Section 101 have centered on replacing judge-made exceptions with new statutory language, but the better fix is to align examination standards with how courts actually apply eligibility doctrine, says former Patent Trial and Appeal Board judge Amee Shah.

  • Opinion

    Qualified Immunity Bill's Reach Goes Beyond Federal Officers

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    The federal Qualified Immunity Abolition Act, introduced earlier this year and described by the bill sponsors as a federal-officer measure, would in actuality reach the entire universe of Section 1983 defendants, a distinction that matters as much to defense counsel as to plaintiffs, says attorney V. James DeSimone.

  • Where The Justices Aligned In Appellate Authority Ruling

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    The real story of the U.S. Supreme Court’s recent ruling in T.M. v. University of Maryland Medical System Corp., finding that a doctrine designed to curtail duplicative litigation prevents federal district courts from reviewing state court decisions, is in how the justices together revisited an obscure, century-old jurisdictional doctrine, says Alex Dimitrief at Zeughauser Group.

  • How High Court Pepsi Case Could Brew TM Strategy Shift

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    The U.S. Supreme Court's forthcoming decision in RiseandShine v. PepsiCo will determine whether a judge or jury decides trademark strength in infringement disputes, which could meaningfully change early-stage motion practice, discovery and what evidence is needed to prove a mark is strong, says Rachel Scobie at Merchant & Gould.

  • State Of Insurance: Q2 Notes From Pennsylvania

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    Todd Leon at Marshall Dennehey highlights notable second-quarter insurance developments in Pennsylvania, including federal court opinions providing guidance on first-party and third-party insurance coverage principles, and a pending bill seeking to regulate health insurers' use of artificial intelligence.

  • High Court, SEC Proposals Set Stage For Further Fund Reform

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    The U.S. Supreme Court's recent decision in FS Credit Opportunities v. Saba Capital Master Fund and the U.S. Securities and Exchange Commission's proposed rulemaking packages aimed at public market reforms provide a constructive backdrop for considering additional innovations to the listed fund structure, say attorneys at Debevoise.

  • Series

    Judges On AI: Examining Administrative, Organizational Uses

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    U.S. District Judge Alan Albright of the Western District of Texas examines how artificial intelligence could transform a court's ability to deal with administrative work and organize materials when preparing for hearings or drafting opinions, thereby affording judges more time to resolve contested issues.

  • Why 4th Circ.'s Clean Water Act Injunction Ruling Matters

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    The Fourth Circuit's ruling last month in West Virginia Rivers Coalition v. Chemours, holding that a Clean Water Act permit violation does not automatically create a presumption of irreparable harm that requires a preliminary injunction, avoided a dramatic change in CWA enforcement, say attorneys at Hunton.

  • USPTO-Fed. Circ. Split Complicates Machine Learning Patents

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    The wide chasm between the USPTO's and the Federal Circuit's approach to eligibility for machine learning patents means that patent drafters must avoid functional claiming and specifications if they hope to avoid invalidation of a machine learning patent at the appellate court, says attorney Michael Kiklis.

  • How 9th Circ. 'Shadow Trading' Case May Affect Private Credit

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    Private credit firms should not wait for a result in the Ninth Circuit appeal in U.S. Securities and Exchange Commission v. Panuwat to address material nonpublic information exposure under existing statutes and take steps to ensure their internal policies and surveillance are ready for increased regulatory scrutiny, says Steve Brown at StarCompliance.

  • 4 Cert. Denials Keep Personal Jurisdiction Issues Percolating

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    After the U.S. Supreme Court's decisions in Ford Motor v. Montana and Mallory v. Norfolk Southern Railway expanded limits on personal jurisdiction, the justices' denials this term of four certiorari petitions suggest they are content to let jurisdiction questions brew in lower courts before weighing in, say attorneys at Hunton.

  • Class Actions At The Circuit Courts: July Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings involving wage and hour allegations, medical care for incarcerated individuals, oil and gas royalty payments, and nuisance claims.

  • Flashpoints In Focus: Employer Risk After Trans Sports Ruling

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    Following the U.S. Supreme Court's recent decision in West Virginia v. B.P.J. that allowed states to limit trans women's participation in sports, schools must carefully navigate investigations and religious accommodations, as even lawful athletics policies can lead to employment claims, say attorneys at Seyfarth.

  • Inside Differing State Approaches To Prediction Market Taxes

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    As states adopt divergent approaches to prediction market platforms through both legislation and litigation, and the landscape is anything but settled, the emerging patchwork of state taxes on prediction markets presents novel questions about characterization, preemption and compliance, say attorneys at Holland & Knight.

  • After Wash. Ruling, Paid Claim May Not End Bad Faith Risk

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    In Labeaume v. First National Insurance, a Washington appeals court recently held that the insurer's benefit payment did not preclude the plaintiff's Insurance Fair Conduct Act claim, expanding the scope of the act's cure provision and making claim documentation even more significant, says Rishabh Agny at Clyde & Co.

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