Appellate

  • July 10, 2026

    5th Circ. Backs Block On Texas Dream Act Defense

    A split Fifth Circuit panel said a federal judge was right to block a challenge to an agreement Texas Attorney General Ken Paxton and the Trump administration struck to end Texas law provisions allowing some unauthorized immigrants to pay in-state college tuition.

  • July 10, 2026

    Tulsa DA Tells 10th Circ. He Can Try Indians On Creek Land

    Oklahoma's Tulsa County district attorney has asked the Tenth Circuit to deny the Muscogee (Creek) Nation's attempts to block him from exercising criminal jurisdiction on its reservation, arguing that he has the authority to prosecute nonmember Indians for nonmajor crimes.

  • July 10, 2026

    Fed. Circ. Affirms Sony's PTAB Win Over Digital Imaging IP

    The Patent Trial and Appeal Board stayed in bounds when deciding to invalidate claims of an Intellectual Pixels Ltd. digital image generation patent on remand, the Federal Circuit said Friday.

  • July 10, 2026

    Union Can't Force Ex-Aides Into Arbitration, 2nd Circ. Says

    A union cannot automatically bind former New York City home health aides to mandatory arbitration through an agreement signed after they left their jobs, the Second Circuit ruled Friday, allowing 17 former workers to press their cases outside a roughly $30 million fund.

  • July 10, 2026

    Mich. Panel Orders Age-Based Resentencing For Murderers

    A Michigan state appellate panel upheld the murder convictions of two men in the 2011 robbery and fatal shooting of a Flint woman, but ruled that both must be resentenced under state law, because they were 19 years old when they committed the crimes.

  • July 10, 2026

    Full 5th Circ. To Reconsider 90-Day Bond Hearing Limit

    The full Fifth Circuit on Friday vacated a roughly week-old split panel decision holding that the Trump administration can't hold noncitizens for more than 90 days without a bond hearing, and said it will rehear the matter.

  • July 10, 2026

    DOJ Appeals Order Shielding Trans Youth Medical Records

    The U.S. Department of Justice asked the Ninth Circuit to review a California federal court's order blocking the government from trying to identify individuals who received gender-affirming care from a Stanford Medicine hospital as minors.

  • July 10, 2026

    Investors Call Boeing's 7th Circ. Class Cert. Appeal Premature

    Investors urged the Seventh Circuit on Friday to dismiss as improvidently granted Boeing's interlocutory challenge to an Illinois district court's class certification order in litigation alleging Boeing misrepresented the 737 Max 8 jets' safety after two deadly crashes in 2018 and 2019.

  • July 10, 2026

    Fed. Circ. Won't Rethink Corcept Patent Loss In Teva Case

    Corcept Therapeutics Inc. lost its bid Friday to have the full Federal Circuit look at a panel's refusal to revive its suit accusing Teva Pharmaceuticals USA Inc. of patent infringement over its production of a generic version of the drug Korlym.

  • July 10, 2026

    4th Circ. Upholds Sentence Hike Despite 'Murky' WV Records

    The Fourth Circuit on Friday upheld a West Virginia man's 15-year prison term for illegal gun possession and witness tampering, rejecting his argument that his prior conviction for cultivating marijuana should not have counted as a sentence-lengthening "controlled substance offense."

  • July 10, 2026

    DOJ Defends Nurse Wage-Fixing Conviction At 9th Circ.

    The U.S. Department of Justice urged a Ninth Circuit panel to reject a Las Vegas home nursing executive's appeal of its first-ever criminal wage-fixing conviction, defending its trial characterization of a leniency deal with a cooperating company and the inclusion of the executive's statement likening nurses to prostitutes.

  • July 10, 2026

    4th Circ. Nixes Womble Bond Atty's 'Overtly Punitive' Penalty

    The Fourth Circuit on Friday wiped out a contempt order against a Womble Bond Dickinson partner that temporarily barred him from practicing in the Western District of North Carolina, characterizing the sanction as "extreme" and "overtly punitive."

  • July 10, 2026

    7th Circ. Revives BIPA Suit Over Virtual Try-On Tool

    The Seventh Circuit on Friday revived a proposed class action against an eyewear company accused of violating Illinois' biometric privacy law with its online "virtual try-on" tool, saying a lower court dismissed the case too early and more evidence is needed to see if the law's exemption for data collected for health care purposes bars the claims.

  • July 10, 2026

    11th Circ. Refers Atty For Discipline Over Suspected AI Entries

    The Eleventh Circuit on Friday referred an attorney for potential discipline over a brief he filed in a client's retaliation lawsuit against the Florida Department of Corrections, ruling that the attorney failed to explain how several defective quotes and citations ended up in the brief.

  • July 10, 2026

    The Biggest TM Rulings Of 2026: A Midyear Report

    The Seventh Circuit placed limits on trademark plaintiffs in cases against foreign online sellers accused of counterfeiting, and the Trademark Trial and Appeal Board issued precedential decisions with fresh guidance on what marks can get on — or stay on — the federal trademark register. Here is Law360's list of the biggest trademark rulings so far this year.

  • July 10, 2026

    Over 2,600 Attys, Professionals Urge Blocking Blanche As AG

    More than 2,600 lawyers and legal professionals on Friday urged lawmakers to oppose the nomination of Todd Blanche for attorney general, saying Blanche's dismissal of the idea that the U.S. Department of Justice should be independent from the White House and his record as interim attorney general make him unfit for the role.

  • July 10, 2026

    Fla. High Court Backs Broad Reading Of Workers' Comp Law

    Florida's Supreme Court rejected an appeals court's narrow take on the state's workers' compensation law that shut down a manager's bid for benefits after he was shot while walking out of work, ruling he can get paid if he shows his work environment increased his risk of assault.

  • July 10, 2026

    Dissolved LLC Can't Revive Trade Secret Suit, 5th Circ. Says

    The Fifth Circuit has refused to revive a defunct Louisiana company's trade secret suit against a business that won a bid for certain onshore drilling assets and the bank that financed the buy, finding it dissolved itself before actually filing the case.

  • July 10, 2026

    Ex-Reed Smith Atty Fights Pausing Bias Suit Amid Appeal

    A former Reed Smith LLP attorney pushed back on the firm's bid to stay her gender discrimination suit against it while the attorney's appeal of the scope of the damages in the suit plays out.

  • July 10, 2026

    8th Circ. Says SD Tribe Waited Too Long On School Debt Fight

    A panel of the Eighth Circuit has rejected a South Dakota tribe's appeal in a dispute with the U.S. Interior Department over millions of dollars of allegedly over-collected school funding debt, saying the tribe had ample opportunity to challenge the agency's findings yet chose not to do so.

  • July 10, 2026

    11th Circ. Upholds Airline's Win In COVID Discrimination Case

    A group of workers for a commercial airline and a related entity failed to support their claims that the companies' COVID-19 pandemic-era policies discriminated against their religious beliefs, the Eleventh Circuit ruled Friday, while sharply criticizing their attorney for his misuse of artificial intelligence.

  • July 09, 2026

    2nd Circ. Won't Halt Payout Of Trump's $5M To E. Jean Carroll

    The Second Circuit refused to halt an order requiring Donald Trump to pay a $5 million jury verdict finding he sexually abused writer E. Jean Carroll, while the New York district judge who issued the order explained it was time for Trump "to 'do equity'" and pay up.

  • July 09, 2026

    Ohio Justices Say Juries Can Sort Out Carbon-Copy Counts

    A divided Ohio Supreme Court held that in cases where a criminal defendant faces multiple carbon-copy charges in an indictment, jury instructions are not required to assign specific unique conduct to each count in order for a jury to convict.

  • July 09, 2026

    7th Circ. Upholds Ill. Ban On AR-15s, High-Capacity Magazines

    The Seventh Circuit on Thursday upheld an Illinois state law banning assault weapons and high-capacity magazines, reversing a lower court that deemed it unconstitutional and holding that restrictions on highly lethal, military-style weapons are "consistent with the principles that underpin our nation's tradition of firearm regulation."

  • July 09, 2026

    Fed. Circ. Doubts $9M Atty Fees Without Dismissal Attempt

    A Federal Circuit panel didn't seem swayed Thursday that ChromaDex's patent infringement suit against Elysium Health had any merit, but the judges struggled to understand why Elysium never tried to dismiss a case it believed was so weak.

Expert Analysis

  • Insurance Ruling Extends NY Bad Faith To 3rd-Party Coverage

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    In Renergy v. Mt. Hawley Insurance, a New York federal court recently granted a policyholder leave to amend its complaint to clarify a bad faith claims handling cause of action, confirming, after nearly 20 years, that bad faith damages are available in the third-party liability context, say attorneys at Barnes & Thornburg.

  • Opinion

    Rule Of Law Requires Gov't Engagement With Bar, Not Retreat

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    A federal agency's absence from national and local bar conferences, most recently illustrated by the U.S. Department of Justice's withdrawal from a New York City Bar Association white collar conference, disserves the bar, the government lawyers themselves and, ultimately, the administration of justice, says Muhammad Faridi at Linklaters.

  • Fed. Circ. Clarifies Standard For Contesting CICA Overrides

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    The Federal Circuit's recent holding in Life Science Logistics strengthens the hand of protesters facing an override of the Competition in Contracting Act stay, and a Court of Federal Claims decision the same day demonstrates that how a protester frames its requested relief remains critically important, says Richard Arnholt at Bass Berry.

  • The Paradoxical Duty To Adopt AI When You Can't Bill For It

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    Both billing for hours saved using artificial intelligence and preserving billable time by not adopting AI may violate rules of professional conduct, but until bar associations' ethics rules catch up to this emerging economic dilemma, firms must decide how to adjust fee structures themselves, says Ines Lassalle at Peyrot & Associates.

  • 4 Emerging Limits Of Employer Mental Health Notice Defense

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    A California appeals court's recent decision in Husband v. Target, addressing when an employer knows about an employee's undisclosed disability, leaves open questions about how changes in mental health awareness and workforce monitoring tools may raise the bar for what employers can claim not to know, says Benjamin Heller at RFZ Law.

  • Raptors Ruling Shows Risks Of Calif. Enviro Suit Intervention

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    Intervention in California environmental litigation can allow businesses to help defend agency approvals, but after a state appeals court's recent ruling in Raptors Are the Solution v. CropLife America, it is clear that intervention also carries a price — and that courts will hold parties accountable for the full arc of their litigation conduct, says Thierry Montoya at FBT Gibbons.

  • A Decade Later, Escobar Is Still Shaping FCA Cases

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    The U.S. Supreme Court's decision 10 years ago in Universal Health Services v. U.S. ex rel. Escobar changed the way in which lower courts evaluate False Claims Act cases — and the ruling remains vital in nearly every FCA case filed today, say attorneys at Bradley Arant.

  • Sripetch May Prove To Be An Empty Victory For The SEC

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    The U.S. Supreme Court's recent decision in Sripetch v. U.S. Securities and Exchange Commission held that the SEC need not prove pecuniary harm for disgorgement, but if the commission must still identify victims and distribute funds in a compensatory way, it faces the same economic problem as before the ruling, says Erin Smith at Compass Lexecon.

  • 9th Circ. Cooler Ruling Chills 1st Mover Lanham Act Claims

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    The Ninth Circuit's recent decision in Vericool World v. Igloo Products that Vericool's claim of being first-to-market with an ecocooler was not actionable under the Lanham Act largely foreclosed false advertising litigation over first mover status, so potential plaintiffs should instead look to patent counseling or intellectual property strategy for these claims, say attorneys at Manatt.

  • Mapping 5 Fronts Of The Prediction Markets Regulatory Battle

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    The legal framework governing prediction markets is under simultaneous challenge in five independent areas, and the outcomes will determine not just who can operate prediction markets, but the compliance obligations of every participant in the ecosystem, says Ivor Wolk at Manatt.

  • Patent Ruling Highlights Risks Of Late Inventorship Fixes

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    The Federal Circuit's recent decision in Implicit v. Sonos demonstrates the risk of forfeiture with retroactive correction of inventorship in inter partes review proceedings, with a clear message to the patent community that potential inventorship issues should be considered at every stage of a patent's life cycle, say attorneys at BCLP.

  • Adjusting IPR Tactics As Google Fights 'Settled Expectations'

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    Google’s petition for the U.S. Supreme Court to scrutinize the Patent Trial and Appeal Board's so-called settled expectations practice underscores why accused infringers facing older asserted patents should treat discretionary denial as a case-dispositive risk from day one, says attorney Abdul Abdullahi.

  • 3 Misconceptions About Justices' FCC Fines Ruling

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    The U.S. Supreme Court's June 4 Federal Communications Commission v. AT&T decision rejecting AT&T’s and Verizon’s argument that the commission's forfeiture process violates the Seventh Amendment has yielded three common reactions that misunderstand the decision as a matter of law and how the FCC actually operates, says Samuel Feder at Jenner & Block.

  • SEC Disgorged Fund Distribution Is Next Query After Sripetch

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    Following the Supreme Court's Sripetch v. U.S. Securities and Exchange Commission decision, investor harm isn't required for the SEC to obtain a disgorgement award, but future cases must resolve whether the commission will be freed from a requirement to distribute disgorged funds to the victims of alleged misconduct, says Daniel Walfish at Katsky Korins.

  • 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.

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