Appellate

  • June 18, 2026

    High Court Bars Federal Review Of State Court Appeals

    The U.S. Supreme Court ruled Thursday that a legal doctrine designed to curtail duplicative litigation prevents parties who lose in state court from appealing in federal district court even if the state case is still pending.

  • June 18, 2026

    Justices Allow Gun Rights For Marijuana User

    U.S. Supreme Court justices ruled Thursday that the federal government cannot bar a drug user from owning guns, saying that the prosecution of a Texas man accused of owning a gun while being a marijuana user was inconsistent with the Second Amendment right to bear arms.

  • June 18, 2026

    High Court Carves Out Exception For Criminal Appeal Waivers

    The U.S. Supreme Court ruled 8-1 Thursday that criminal defendants who agree in plea deals not to appeal their sentences can still appeal if the sentence would result in a "miscarriage of justice."

  • June 17, 2026

    Eli Lilly Urges Full Fed. Circ. To Scrap Teva's $177M IP Win

    Eli Lilly & Co. urged the full Federal Circuit Wednesday to review a panel ruling that upheld Teva's $177 million jury verdict on headache drug patents, arguing that the panel's decision runs afoul of the justices' Amgen holding and "opens a truck-sized hole in enablement and written description law."

  • June 17, 2026

    Hikma Ruling Raises Patent Pleading Bar Beyond Drug Cases

    The U.S. Supreme Court's decision this month that shut down a patent suit against Hikma Pharmaceuticals USA over a drug using a so-called skinny label could also make it more challenging to plead induced infringement in cases involving other technologies, attorneys say.

  • June 17, 2026

    Tribe Can Take Cannabis Raid Loss To 9th Circ. After Judgment

    A California federal court has cleared the way for the Round Valley Indian Tribes and three tribal members to immediately appeal to the Ninth Circuit the dismissal of their claims that two counties' cannabis enforcement raids on their reservation violated federal law.

  • June 17, 2026

    Ga. Justices Take Up Fight Over Fulton Board Seats

    The Georgia Supreme Court will hear an appeal of a ruling that Fulton County, Georgia's commission did not have to appoint two Republicans to the county's five-member elections board.

  • June 17, 2026

    Fla. Panel Backs Prison Time For Luxury Car Theft Kid

    A man found guilty of stealing luxury cars worth millions as a juvenile cannot have his 15-year prison sentence revoked, a Florida appeals court said Wednesday, finding that his youthful offender community control status was correctly rescinded after he failed to complete boot camp and committed a new crime.

  • June 17, 2026

    ITC, Masimo Tell Full Fed. Circ. To Skip Apple Watch Review

    Masimo Corp. and the U.S. International Trade Commission have pushed back on Apple's request for full Federal Circuit rehearing of a panel decision finding an older version of the Apple Watch infringes Masimo's patents, saying Wednesday the case isn't exceptional enough for such scrutiny.

  • June 17, 2026

    Amazon Urges Fed. Circ. To Halt Patent Suit In Texas

    Amazon has asked the Federal Circuit to force a Texas federal court to pause a suit accusing it of infringing a pair of Headwater Research LLC patents while a similar suit against Google plays out.

  • June 17, 2026

    Hearings Deemed Unnecessary In Some 3rd Country Removals

    The Board of Immigration Appeals said Wednesday that an immigration judge erred in determining that an evidentiary hearing was necessary before deciding whether a Cuban national should be deported to Ecuador under that country's asylum cooperative agreement with the U.S.

  • June 17, 2026

    Fla. Panel Upholds Class Cert. In Apartment Fire Suit

    A Florida appellate panel Wednesday upheld a lower court's class certification for several individuals suing a condominium association over being displaced by a Miami apartment fire, finding objective criteria were used to define the group of people seeking recovery for relocation costs and loss of personal items. 

  • June 17, 2026

    4th Circ. Won't Revive Journalists' Social Media Bias Suits

    The Fourth Circuit refused Wednesday to reopen lawsuits alleging two journalists were fired by a U.S.-funded Middle Eastern media network because they're Iraqi, concluding they couldn't overcome the organization's explanation that the employees violated its social media policy requiring neutrality.

  • June 17, 2026

    6th Circ. OKs 30-Month Medical Fraudster Kickback Sentence

    The Sixth Circuit has ruled in a published opinion that a 30-month prison sentence was correctly calculated for a Tennessee man who was convicted of violating federal anti-kickback laws with his fraudulent door-to-door medical marketing firm.

  • June 17, 2026

    Fed. Circ. Affirms No Block On Stryker Spine Device In IP Fight

    The Federal Circuit on Wednesday agreed with a lower court decision rejecting Boston Scientific Corp.'s request to temporarily block Stryker Corp. from launching a back pain device, saying Stryker made a good enough case that it didn't cause physicians to infringe a patent on the treatment.

  • June 17, 2026

    Venezuela Wins Bid To Delay Hearing In Citgo Sale Case

    The Third Circuit has agreed to a two-month postponement of oral arguments in Venezuela's challenge of a Delaware judge's order greenlighting the nearly $6 billion sale of Citgo to satisfy billions of dollars of the country's debt, days after Caracas announced that it was switching counsel.

  • June 17, 2026

    Colo. Says It's Clear: EPA Rebuffed Haze Plan To Prop Up Coal

    Colorado on Tuesday urged the Tenth Circuit to vacate the U.S. Environmental Protection Agency's rejection of the state's plan to limit regional haze, calling the agency's argument that closing a coal-fired power plant might be unconstitutional under the Fifth Amendment a "pretext for propping up" the industry.

  • June 17, 2026

    Luxottica, Ex-Worker End Pension Suit Over Annuity Benefits

    Luxottica and a former worker who challenged the company's methodology for paying annuity benefits agreed Wednesday to resolve a proposed class action, a month after the nation's highest court declined the eyewear-maker's bid to review a Second Circuit ruling keeping some of her claims out of arbitration.

  • June 17, 2026

    Employer Didn't Control Benefits In Death Case, 3rd Circ. Says

    A Third Circuit panel on Wednesday upheld the dismissal of a man's lawsuit alleging his late wife's employer improperly denied life insurance benefits, finding the employer had no control over whether benefits were paid out.

  • June 17, 2026

    Ga. High Court Allows Rape Evidence In Separate Murder Trial

    The Georgia Supreme Court has ruled that prosecutors can bring in evidence of rape and aggravated sexual battery as part of a man's parallel malice murder case in the killing of an Atlanta woman.

  • June 17, 2026

    NC Clinic, School District Must Face COVID Vax Challenge

    A North Carolina state appeals panel issued its second opinion in a lawsuit from the mother of a teenager who alleged he was vaccinated for COVID against his will, finding Wednesday that she adequately put forward constitutional claims and can pursue allegations against a school district and medical society clinic in trial court.

  • June 17, 2026

    Mich. Court Says Rental Cap Affects Senior Care Home Value

    The Michigan tax tribunal wrongly ruled that a senior care facility's low-income units shouldn't be considered when assessing the property, a state appeals court panel said, remanding the case back to determine its valuation considering the rental restrictions.

  • June 17, 2026

    Sanctioned IP Atty Tells Fed. Circ. 'Integrity' On The Line

    An attorney who was sanctioned in a trade dress infringement case due to what a judge said were his repeated misrepresentations has asked the Federal Circuit to lift the penalties against him and his client, saying his "professional and personal integrity, and my family, depends on it."

  • June 17, 2026

    Panel Says No Ban On Concealed Guns For Those Under 21

    A Florida appellate panel on Wednesday ruled against a state law prohibiting 18- to 20-year-olds from carrying concealed firearms, saying the ban is unconstitutional. 

  • June 17, 2026

    Pa. Land Trust's Exemption Must Be Revisited, Court Rules

    A Pennsylvania trial court must reconsider the charitable use of land owned by a trust under an analysis provided by the appellate Commonwealth Court and reevaluate whether the land is eligible for a charitable tax exemption, the appellate court ruled Wednesday.

Expert Analysis

  • CFTC Trading Rule Can't Police Prediction Markets Yet

    Author Photo

    The Commodity Futures Trading Commission’s recent efforts to police insider trading in prediction markets through a post-Dodd-Frank anti-fraud rule exposes doctrinal gaps around misappropriation theory, leaving platforms to fill the void with win-rate-based surveillance, says attorney Tamara de Silva.

  • Columbia Software IP Ruling Tests Royalty Damages Model

    Author Photo

    The Federal Circuit's recent decision in Columbia University v. Gen Digital, vacating a damages verdict involving foreign software sales, provides guidance on ambiguities surrounding the worldwide royalty damages model established by the court's decision in Brumfield v. IBG two years ago, say attorneys at Munger Tolles.

  • Turning To The Courts When PBM Reform Falls Short

    Author Photo

    The effectiveness of state laws intended to regulate pharmacy benefit managers remains uncertain, but litigation — utilizing tried-and-true theories like breach of contract and fair dealing — offers another mechanism through which stakeholders may seek relief from PBMs, say attorneys at Reed Smith.

  • Opinion

    Immigration Appeals Rule Would Prevent Meaningful Review

    Author Photo

    Justice Stephen Breyer’s book “Making Our Democracy Work” offers a useful lens through which to consider what is at stake for the Executive Office for Immigration Review's legitimacy as the government asks the D.C. Circuit to revive an interim final rule that would have fast-tracked decisions by Board of Immigration Appeals, says Tara Kennedy at Kennedy Law.

  • 2 'Rocket Dockets' And The Rules That Propel Them

    Author Photo

    The fastest civil trial courts in the country are currently in the Eastern District of Virginia and the Southern District of Florida, and their chief judges provide insights into the court rules that keep them ahead, says Robert Tata at Hunton.

  • Retailer Risk Reduction Tips As Email Marketing Suits Surge

    Author Photo

    Amid a flood of email marketing lawsuits following last year's Washington Supreme Court ruling in Brown v. Old Navy, retailers seeking to avoid high litigation costs can take several steps to reduce risks by focusing on their email subject lines advertising sales, says Gonzalo Mon at Kelley Drye.

  • Why Nuclear Licensees Must Watch 2nd Circ.'s Holtec Review

    Author Photo

    In reviewing a New York federal court's preemption ruling concerning disposal of nuclear materials, the Second Circuit must confront the lower court's recognition of a purpose-based path to field preemption, which could be game-changing for nuclear material licensees, says Andrew Averbach at Womble Bond.

  • Calif. Ruling Lowers Bar For Health Data Breach Claims

    Author Photo

    The California Supreme Court's ruling in J.M. v. Illuminate Education offers protection for non-healthcare companies that maintain health-related data but also adopts a new and more plaintiff-favorable standard for breach of confidentiality that companies maintaining any health-related data should address, say attorneys at Cooley.

  • Florida Atty Fees Ruling Could End Expert Testimony Mandate

    Author Photo

    For over 60 years, Florida appellate courts have required an evidentiary hearing and expert testimony to support the reasonableness of an attorney fee award, but the Florida Sixth District Court of Appeal's recent Ruffenach v. Deutsche Bank National Trust ruling could make substantive changes to this requirement, say attorneys at RumbergerKirk.

  • Texas Ruling Leaves Key Oil Royalty Question Unresolved

    Author Photo

    The Texas Supreme Court's recent decision in Fasken Oil and Ranch v. Puig clarifies that royalty reservations containing “free of cost forever” language do not bar deduction of post-production costs — but it leaves open whether prices producers report to royalty owners should reflect what unaffiliated buyers would pay, says Robert Foss at Hinds Feat Advisors.

  • Justices Widen Path For Confiscated Cuban Property Claims

    Author Photo

    For Americans holding claims to confiscated Cuban property, the U.S. Supreme Court’s recent decision in Havana Docks v. Royal Caribbean Cruises means that the expiration of their property interest is no longer a bar and that any company using such property is now a potential defendant, say attorneys at Bracewell.

  • Your Next Litigation Hold Should Cover AI Chat Logs

    Author Photo

    The Delaware Chancery Court’s recent decision in Fortis Advisors v. Krafton to treat a CEO’s artificial intelligence chats as substantive evidence is being read as a discovery warning to litigators, but there is a second duty-to-preserve lesson that is especially pertinent to in-house counsel, say attorneys at Faegre Drinker.

  • Opinion

    High Court's Abortion Pill Stay Reinforces Appellate Principles

    Author Photo

    The U.S. Supreme Court's recent order in Danco Laboratories v. Louisiana, staying a Fifth Circuit ruling that reinstated an in-person requirement for dispensing the abortion medicine mifepristone, should be seen not as a definitive ruling on reproductive rights, but as an affirmation of a more disciplined jurisdictional reality, says Daniel Nardo at Nardo & Associates.

  • Series

    Studying Foreign Languages Makes Me A Better Lawyer

    Author Photo

    Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

  • 6th Circ. Ruling Highlights Split On Labor Cost Depreciation

    Author Photo

    The Sixth Circuit's recent decision in Schoening Investment v. Cincinnati Casualty throws into relief the fine lines of courts' varying interpretations of whether a commercial property insurer may justifiably depreciate labor costs to determine the actual cash value of damage, says Nabila Rahim at Zelle.

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.