Appellate

  • August 14, 2026

    9th Circ. Says DOJ Subpoenas Can Support Trump Agenda

    A split Ninth Circuit panel on Friday held that President Donald Trump has the authority to direct the U.S. Department of Justice to issue politically motivated subpoenas that align with his broader policy goals, reversing a lower court's ruling quashing a subpoena issued to a gender-affirming medical care provider.

  • August 14, 2026

    Attys Looking To Justices To Resolve Design Patent 'Mess'

    Following a sharply divided order where the full Federal Circuit declined to reconsider the standards for design patent infringement, attorneys tell Law360 they hope the deep disagreements among the judges spur the U.S. Supreme Court to clear up precedent one called a "total mess."

  • August 14, 2026

    NC Law Firm's 'Personal Goodwill' Not Marital Property

    North Carolina's highest court Friday sided with an intellectual property attorney in finding that the value of his law firm attributable to his firm's "personal goodwill" is not marital property and thus can't be divvied up for equal distribution to his ex-wife following their divorce.

  • August 14, 2026

    Conn. Opposes Kalshi's Bid To Keep Running Pending Appeal

    Connecticut officials on Friday asked a federal judge to deny KalshiEX's bid to keep offering sports contracts as it mounts a "long-shot appeal" of an injunction, arguing there is no basis to restrain state regulators from enforcing state wagering law given the contracts' "clear illegality." 

  • August 14, 2026

    Hemp Cos. Ask 6th Circ. To Keep Ohio Law On Pause

    Hemp manufacturers and sellers have asked the Sixth Circuit to uphold a lower court's ruling that paused the enforcement of an Ohio law that reclassified their products as marijuana.

  • August 14, 2026

    Texas Panel OKs Atmos' Win In Home Gas Leak Injury Suit

    A Texas appellate court has affirmed the dismissal of a suit alleging a family suffered injuries from gas leaks inside their home due to the negligence of Atmos Energy, saying the family failed to prove the utility knew about the dangerous condition but did nothing.

  • August 14, 2026

    Texas Justices Pass On Atty's Bid To Undo Exxon Sanctions

    The Texas Supreme Court on Friday declined to take up an appeal brought by a law firm challenging a sanction order issued after a lower court found it launched a frivolous lawsuit against Exxon Mobil Corp. related to the company's acquisition of Pioneer Natural Resources.

  • August 14, 2026

    Mich. Panel Keeps District Judge Off Ballot Over False Filing

    A western Michigan district judge will remain off the November ballot after a state appeals court ruled that her affidavit of identity contained a false statement about unpaid campaign finance fees, requiring state election officials to reject her candidacy. 

  • August 14, 2026

    11th Circ. Weighs Fiduciary Duty In Pension Calculation Suit

    The Eleventh Circuit on Friday seemed wary of a retiree's argument that an energy company violated federal benefits law by not warning pension plan members that rising interest rates would reduce their lump sum payments, with one judge saying the company would likely "get sued" if it provided financial advice based on an ever-changing market.

  • August 14, 2026

    Mass. Appeals Court Orders New Trial Over Pro Se Approval

    The Massachusetts Appeals Court has ruled that a state trial court wrongly allowed a man to take over management of his own criminal trial and shunt his lawyer to a standby role without legally required warnings and checks.

  • August 14, 2026

    NY AG Says 2nd Circ. Ruling Doesn't Back Pricing Law Case

    The New York Attorney General's Office has pushed back after RealPage Inc. told a New York federal court that a recent Second Circuit ruling supports the company's challenge to a state law prohibiting landlords from using software to share information and set residential rental rates.

  • August 14, 2026

    7th Circ. Won't Revive Elanco Investors' Securities Fraud Suit

    The Seventh Circuit Friday affirmed the dismissal of a lawsuit claiming Elanco Animal Health misled the market by forcing distributors to buy excess inventory to artificially inflate its sales figures, saying it could not draw a strong inference of fraudulent intent by Elanco executives.

  • August 14, 2026

    9th Circ. Denies Ex-Cop's Asylum Bid, But Calls For Better Test

    A Ninth Circuit panel affirmed the denial of asylum for a former El Salvador police officer targeted by the MS-13 gang, but urged the full court to revisit precedent that directed it to only consider mistreatment incurred after the man left the force.

  • August 14, 2026

    Fed. Circ. Overrules Precedent On Veteran Hiring Protections

    The Federal Circuit on Friday revived a disabled veteran's challenge to the U.S. Navy's handling of his promotion application, which the agency rejected after mistakenly finding he didn't submit certain documents, and then reviewed only after giving the job to someone else. 

  • August 14, 2026

    Feds Seek To Undo ADA Win In Fla. After DOJ Guidance Shift

    The federal government asked the Eleventh Circuit on Thursday to vacate a recent ruling upholding an injunction that found Florida's institutionalization of children with complex medical conditions violated the Americans with Disabilities Act, in light of a change in directives from the U.S. Department of Justice.

  • August 14, 2026

    5th Circ. Backs Investment Co.'s Sanction In Highland Ch. 11

    The Fifth Circuit on Friday decided to keep in place an $826,000 sanction against NexPoint Real Estate Partners, finding "clear and convincing evidence" showed it filed and litigated a bad-faith claim in the Chapter 11 case of defunct hedge fund Highland Capital Management LP.

  • August 14, 2026

    4th Circ. Altria Decision Spotlights Risks From ERISA Docs

    A recent Fourth Circuit decision in a retirement plan dispute between tobacco giant Altria and an ex-worker underscored how service provider contracts can introduce snags in litigation, with benefits attorneys warning that employers may want to review documents with the potential for disclosure in mind.

  • August 14, 2026

    Drone-Maker Gets Partial Do-Over In Chinese Gov't Ties Suit

    The D.C. Circuit Friday partially overturned a lower court win for the U.S. Department of Defense in its dispute with a drone-maker over being designated a Chinese military company, saying there is no publicly stated rationale for the decision.

  • August 14, 2026

    Cumulus Asks 2nd Circ. For Help With Nielsen Data Order

    Cumulus Media sought clarification Thursday from the Second Circuit on the timing of a district court order upheld last month barring Nielsen from conditioning access to national radio ratings data on buying Nielsen's local offerings, arguing that the ratings analytics company can't hold up obeying the injunction just because it's seeking reconsideration.

  • August 14, 2026

    6th Circ. Says Cops Forcing Man To Pee In His Yard Unlawful

    A Michigan man who was forced to urinate on his front lawn because police, who were conducting a search of his home, would not allow him to use his own bathroom had his Fourth Amendment rights violated, a Sixth Circuit panel determined on Thursday.

  • August 14, 2026

    9th Circ. Says Film Industry Pension Fight Needs 2nd Look

    The Ninth Circuit on Friday revived a set designer's suit claiming that the board of the Motion Picture Industry Pension Plans stood by while certain investment funds underperformed year over year, ruling a lower court should reassess whether the board acted imprudently under a clarified legal standard.

  • August 14, 2026

    Mich. Panel Gives Dog New Chance In Euthanasia Fight

    A Michigan appeals court has overturned an order requiring a Port Huron woman to euthanize her dog after he bit off a guest's nose, ruling that a lower court applied the wrong standard when deciding whether the guest provoked the dog by putting her face inches away from the dog's face.

  • August 14, 2026

    10th Circ. Backs $5M Verdict In Fight Over Toll Lanes Contract

    The Tenth Circuit on Friday unanimously upheld a Denver federal jury's award of $5.25 million to construction design firm Aecom, wholly rejecting a contractor's request for a new trial in a contract dispute over a Colorado toll lanes project.

  • August 14, 2026

    9th Circ. Revives Bid For 15 Alaska Tribal Health Docs

    A Ninth Circuit panel has revived a request for 15 documents related to internal investigations and governance reforms from the Alaska Native Tribal Health Consortium, finding that the district court abused its discretion and the case is not moot because it's uncontested that the information hasn't yet been viewed.

  • August 14, 2026

    1st Circ. Becomes 7th To Reject Trump's No-Bond Policy

    The First Circuit became the seventh appellate court to reject the Trump administration's argument that noncitizens arrested in the interior U.S. can be detained without bond, ruling that immigrants who entered the country unlawfully years earlier can seek release on bond.

Expert Analysis

  • 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.

  • Checking For AI Errors Is Now A Two-Way Street

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    A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

  • Opinion

    Federal Circuit Should Implement Mini En Banc Process

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    To fulfill its mission of uniformity in patent law while avoiding the challenges of en banc hearings, the Federal Circuit should institute mini en bancs — allowing regular three-judge panels to exercise en banc powers unless a majority of the court says otherwise, says Joshua Sohn at the U.S. Department of Justice.

  • What's Next After Justices' Last-Mile Driver Arbitration Ruling

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    The U.S. Supreme Court's recent decision in Flowers Foods v. Brock, refusing to narrow the scope of a Federal Arbitration Act exemption for workers engaged in interstate commerce, gives previously unprotected workers access to litigation, but preserves two potentially powerful arguments for future proceedings, say attorneys at Husch Blackwell.

  • Series

    The Biz Court Digest: Shoring Up Corporate Law In Maryland

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    Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

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