Appellate

  • July 23, 2026

    State High Courts Issue Top 2026 Specialty Insurance Rulings

    State high courts took the lead on specialty line insurance issues in the first half of 2026, including on cyber recovery disputes and the nuances of directors and officers coverage. Law360 has a midyear look.

  • July 23, 2026

    Chemours Tells 4th Circ. To Deny Refrigerant Antitrust Suit

    DuPont spinoff The Chemours Co. FC LLC urged the Fourth Circuit not to revive an antitrust suit from a refrigerant distributor alleging it was effectively denied access to a key refrigerant, arguing Wednesday that there's nothing monopolistic about refusing to sell "on the plaintiff's own preferred terms."

  • July 23, 2026

    Lack Of Jurisdiction Dooms $273M 'Rip And Replace' Suit

    The Court of Federal Claims has tossed a complaint from a telecom that says the Federal Communications Commission wrongly denied it $273 million in "rip and replace" funds for replacing Chinese-made equipment, saying that the company's dispute belongs in federal appeals court.

  • July 23, 2026

    Ex-Client Can't Revive Brach Eichler Malpractice Suit

    A New Jersey appellate panel on Thursday affirmed a lower court ruling granting summary judgment to Brach Eichler LLC in a suit accusing the firm of legal malpractice from its work in a long-running real estate dispute.

  • July 23, 2026

    Philly Judge Says Keller Postman Slowing Zantac Litigation

    A Pennsylvania state court judge has said Keller Postman LLC's "crusade" to remove him from presiding over several matters has ground to a halt the Zantac cancer mass tort in Philadelphia, leaving the plaintiffs' cases to "languish."

  • July 23, 2026

    7th Circ. Backs Chicago's Tenant Payout Ordinance

    The Seventh Circuit held Wednesday that a Chicago ordinance requiring owners of foreclosed rental buildings to pay tenants $10,600 to help with relocation costs is not an unconstitutional taking of property, saying that state and local authorities have broad power to regulate landlord-tenant relationships.

  • July 23, 2026

    Senate Confirms 2 Judges, Advances Ohio And Colo. Picks

    The Senate on Thursday voted 48-47 to confirm Judge Daniel Traynor of the District of North Dakota to the U.S. Court of Appeals for the Eighth Circuit and 49-44 to confirm Antonio M. Pozos, a partner at Faegre Drinker Biddle & Reath LLP, as a judge for the Eastern District of Pennsylvania.

  • July 23, 2026

    9th Circ. Urged To Keep Reddit Moderator Subpoenas Alive

    A YouTube creator's production company has pressed the Ninth Circuit to reject a bid by anonymous Reddit moderators to block subpoenas seeking their identities, arguing that a federal judge properly found the company presented sufficient evidence that they facilitated alleged copyright infringement by directing people to livestreamed "watch parties" of its content.

  • July 23, 2026

    Fed. Circ. Partly Undoes Amazon Digital Photo Frame IP Win

    The Federal Circuit on Thursday refused to reboot a trio of digital picture framing patents Amazon was accused of infringing but reversed a California federal judge's finding that another patent was invalid.

  • July 23, 2026

    NJ Justices Adopt Atty Rule Barring Sex With Clients

    New Jersey attorneys will be prohibited from having sexual relationships with current clients beginning Sept. 1 under a new ethics rule that the state's highest court approved Thursday, replacing New Jersey's case-by-case approach with a bright-line prohibition.

  • July 23, 2026

    J&J's Delays Should End $25M Asbestos Appeal, Builder Says

    A western Massachusetts real estate developer has asked a Connecticut appeals court to toss Johnson & Johnson's appeal of a $25 million asbestos cancer verdict in his favor, saying the company has yet to file an opening brief despite receiving five deadline extensions.

  • July 23, 2026

    EEOC, UPenn Resolve Fight Over Jewish Workers' Info

    The University of Pennsylvania and the U.S. Equal Employment Opportunity Commission struck a deal to end their battle over a subpoena seeking contact information of Jewish UPenn employees after the agency agreed to back away from enforcing it, the parties told the Third Circuit on Thursday.

  • July 23, 2026

    NCAA Appeals Ohio Judge's Block On Athletes' Eligibility

    The NCAA has appealed an Ohio state judge's decision that permitted 24 college basketball players to play in the upcoming season while they challenge the organization's eligibility restrictions.

  • July 22, 2026

    6 Copyright Cases To Watch In The Second Half Of 2026

    An appeal over whether an AI-powered legal research tool unlawfully used Westlaw material and a long-running fight involving a Miles Davis tattoo could produce some of 2026's most significant copyright rulings. Here is Law360's list of the most notable copyright cases to watch for the rest of the year.

  • July 22, 2026

    SoFi Stadium Owner Beats Suit Over Fan's Broken Hip

    A California appeals court has tossed a suit accusing the owner of SoFi Stadium and the Los Angeles Chargers of causing a season ticket holder's broken hip, saying the fan's ticket agreement contained an enforceable liability waiver.

  • July 22, 2026

    Mass. Justices Uphold Murder Conviction In Strangling

    Massachusetts' high court has upheld the first-degree murder conviction of a man who admitted to strangling the mother of his child, rejecting his claim that a judge erred in refusing to give jury instructions on a lesser manslaughter charge until after he testified at trial.

  • July 22, 2026

    US Marshals Can't Make Immigration Arrests In DC Court

    A D.C. federal judge Wednesday refused to toss a lawsuit from a certified class of immigrants challenging immigration arrests by U.S. marshals in D.C. Superior Court, declaring that the marshals lack authority and necessary training for the arrests.

  • July 22, 2026

    Arbitration Scholars Say 5th Circ. Botched Insurance Decision

    A group of international arbitration scholars are pressing the U.S. Supreme Court to rule that federal law determines whether a nonsignatory to an international arbitration agreement can force arbitration of a dispute, saying a Fifth Circuit decision erroneously applied state law and contributes to unpredictability.

  • July 22, 2026

    Ohio Justices Back Sparse Order Denying DNA Test

    A divided Ohio Supreme Court has ruled that a trial judge gave sufficient explanation when denying a murder defendant's request for postconviction DNA retesting, in a decision that clarifies how detailed judges must be when issuing written rulings in criminal cases.

  • July 22, 2026

    Ex-Pink Energy CEO Offers $575K To Exit Solar Fraud Case

    Plaintiffs in a fraud class action against a now-defunct solar energy company asked a Michigan federal judge on Wednesday to approve a settlement between the class and just one of the 10 defendants accused of ripping off home solar customers.

  • July 22, 2026

    9th Circ. Says BIA Rightly Nixed Father's Bid To Stay In US

    The Ninth Circuit ruled the Board of Immigration Appeals correctly denied an application from a father who said he had to stay in the U.S. to care for his children, finding Wednesday his son, who turned 21 during the pendency of his father's appeal, can't support his father's eligibility for removal cancellation.

  • July 22, 2026

    Split Fed. Circ. Won't Reinstate Injunction In Schedule A Feud

    A split Federal Circuit panel declined to reinstate an injunction against a group of retailers using Amazon and Temu to sell products that electronics company Shenzhen Jisu Technology Co. Ltd. claims infringe its design patent, disagreeing Wednesday with Shenzhen that a district judge had read an improper rule into the case.

  • July 22, 2026

    Midjourney Seeks To Narrow Disney AI Copyright Claims

    Artificial intelligence startup Midjourney has asked a California federal court to trim contributory infringement claims from a copyright lawsuit brought by Disney, Universal and Warner Bros., saying the claims fly in the face of a U.S. Supreme Court decision involving Cox Communications from earlier this year.

  • July 22, 2026

    10th Circ. Says Insurer Owed No Duty To Explain Policy

    The Tenth Circuit has affirmed an insurance company cannot be sued for bad faith over a woman's fatal liposuction surgery that resulted in a $60 million judgment, holding that under Utah law, an insurer is not obligated to explain a policy absent an ambiguity or evidence of fraud.

  • July 22, 2026

    11th Circ. Mulls Forcing Board To Testify In Book Ban Suit

    Members of a Florida school board on Wednesday told the Eleventh Circuit they shouldn't be forced to testify on their reasons for banning library books about people of color and the LGBTQ+ community, arguing their actions are protected by legislative privilege. 

Expert Analysis

  • 11th Circ. Ruling Reflects Shift In Digital Consent Frameworks

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    The Eleventh Circuit's recent decision in Tejon v. Zeus Networks that a browsewrap terms-of-service hyperlink was insufficiently conspicuous to bind a consumer to an arbitration agreement could accelerate a broader industry shift to clickwrap as the baseline for enforceable digital consent, say attorneys at Sheppard.

  • Class Actions At The Circuit Courts: June Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five recent rulings from cases involving allegations of internet data misuse, consumer fraud claims, immigration, insurance and First Amendment violation claims.

  • Fed. Circ. In May: Being Precise About 'About'

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    The Federal Circuit's decision in Enviro Tech v. Safe Foods last month illustrates the danger in attempting to expand claim scope with words of approximation, potentially causing claims to be invalid for lack of definiteness, say attorneys at Knobbe Martens.

  • Justices' FCC Fine Ruling May Weaken Agency Leverage

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    The U.S. Supreme Court's decision in Federal Communications Commission v. AT&T upheld the commission's forfeiture framework as consistent with Jarkesy, but it is also likely to reduce the effectiveness of the commission’s forfeiture proceedings as a collection and deterrence tool, say attorneys at Venable.

  • Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

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    An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

  • Google Antitrust Case Puts Spotlight On De Facto Exclusivity

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    Mozilla's recent amicus filing in U.S. v. Google arguing that its agreement to make Google the default search engine did not amount to de facto exclusivity highlights the growing debate over traditional indicators of exclusivity, with implications for any business that uses rebates, preferred contracts or volume incentives, says Chris Gowen at WilmU Farnan School of Law.

  • Justices' Montgomery Ruling Doesn't Expand Shipper Liability

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    Whether negligent hiring liability claims against shippers will increase after the U.S. Supreme Court's decision last month in Montgomery v. Caribe Transport II is anyone's guess, but the ruling itself will have no impact on shippers' actual liability in personal injury claims relating to trucking accidents, says Ronald Leibman at McCarter & English.

  • GHG Rescission Undermines State Climate Suit Preemption

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    As the U.S. Supreme Court considers the fate of state climate litigation in Suncor Energy Inc. v. Boulder County, it must confront the fact that the U.S. Environmental Protection Agency's rescission of its greenhouse gas endangerment finding has also removed the foundation for federal preemption of state climate suits, says attorney Gregg Goldfarb.

  • 3rd Circ. Decision Sheds Light On BIPA Bank Exemption

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    The Third Circuit's recent decision in McGoveran v. Amazon illuminates how courts are extending the Illinois Biometric Information Privacy Act's financial institution carveout beyond banks and insurers to technology vendors and other businesses handling biometric data, a defendant-friendly shift that still casts uncertainty around BIPA's enforcement, say attorneys at Dorsey & Whitney.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • Series

    Moshing Makes Me A Better Lawyer

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    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • High Court Ruling Casts Doubt On Status-Based Gun Bans

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    The U.S. Supreme Court’s recent ruling in U.S. v. Hemani demonstrates that the justices are increasingly skeptical of broad theories of categorical disarmament and clarifies that dangerousness cannot simply be presumed from one's status or membership in a statutory category, such as illegal drug use, says Lee Francis at Widener Law.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

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    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • Steps For Employers After 7th Circ. BIPA Retroactivity Ruling

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    The Seventh Circuit's recent ruling in Clay v. Union Pacific sharply limits per-scan statutory damages theories in pending Biometric Information Privacy Act cases by retroactively applying a 2024 amendment, but employers should not mistake the holding for a broad safe harbor, say attorneys at Thompson Coburn.

  • How NEPA Review Has Changed Since Seven County

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    A year after the U.S. Supreme Court's decision in Seven County Infrastructure Coalition v. Eagle County instituted major changes to judicial review under the National Environmental Policy Act, courts are effectively applying the decision, but where things go from here may be up to agencies and project proponents, say attorneys at Venable.

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