Appellate

  • July 13, 2026

    GOP States Back Bid To Restore Voter Database Expansion

    A group of Republican-led states is calling on the D.C. Circuit to stay a lower court decision vacating the Trump administration's changes to a database used to verify voters' citizenship or immigration statuses, saying that a number of state laws cannot be executed if Social Security number searches are not allowed.

  • July 13, 2026

    Software Co.'s Lack Of 'Diligence' Dooms Late TM Suit Update

    A North Carolina federal judge has faulted a software company's "lack of diligence" in submitting proper paperwork to the U.S. Patent and Trademark Office and notifying the court its trademark was canceled as the judge denied the company's request to amend its lawsuit against a European rival.

  • July 13, 2026

    J&J Asks 3rd Circ. To Block Return Of Ex-Worker's Fee Claims

    Johnson & Johnson has asked the Third Circuit to keep dismissed excessive fee claims out of a proposed class action alleging the company charged employees too much for a prescription drug benefits program, arguing that the lower court correctly tossed that portion of the suit for lack of standing.

  • July 13, 2026

    2nd Circ. Rejects Bid To End NYC's Congestion Pricing

    The Second Circuit on Monday upheld New York City's congestion pricing, rejecting two suburban counties' claims that Manhattan's congestion pricing tolls are discriminatory and unconstitutionally restrict motorists' right to travel.

  • July 13, 2026

    Government Backs Tax Evader's Higher Sentence At 4th Circ.

    A West Virginia federal judge correctly handed down an enhanced sentence to a real estate appraisal business owner convicted of failing to pay employment taxes, federal prosecutors told the Fourth Circuit, urging the court to affirm the court's sentence.

  • July 13, 2026

    Ill. Conforms Property Tax Law With High Court Takings Case

    Illinois updated parts of its property tax code to clarify that tax authorities cannot keep more than a debtor owes under a bill approved by Democratic Gov. J.B. Pritzker.

  • July 13, 2026

    7th Circ. Revives Teva Suit Over Eli Lilly Generic Drug Block

    The Seventh Circuit on Monday revived a breach-of-contract lawsuit against Eli Lilly, ruling that an earlier legal settlement under which Eli Lilly agreed not to block the approval and marketing of Teva Pharmaceuticals' generic version of its osteoporosis drug Forteo didn't necessarily expire when the underlying patents did.

  • July 13, 2026

    Fed. Circ. OKs Roku's PTAB Win Axing Ecolink Patent Claims

    The Federal Circuit on Monday upheld a decision from the Patent Trial and Appeal Board invalidating six claims of a "smart" alarm device patent that was challenged by Roku Inc.

  • July 13, 2026

    Hemp Co. Tells 7th Circ. To Leave RICO Case Buried

    Hemp product maker Urb Cannabis and its affiliates are urging the Seventh Circuit to leave intact the dismissal of a hemp seller's suit alleging that Urb's products were illegal and led to a police raid on his store, saying the racketeering claims are insufficient and fail to describe the conspiracy or identify its members.

  • July 13, 2026

    Blanche Hearing To Proceed After Graham's Death

    The Senate Judiciary Committee will still hold the confirmation hearing for Todd Blanche's nomination to be attorney general on Wednesday, despite the death of committee member Sen. Lindsey Graham, R-S.C., over the weekend. 

  • July 13, 2026

    Families Cite Geofence Ruling In Newborn Blood Testing Case

    A group of parents suing the state of Michigan over the way newborn blood samples are collected and stored has asked a federal judge to revive its claims by citing recently decided U.S. Supreme Court precedent over the use of bulk cellphone data by police.

  • July 13, 2026

    Javerbaum Wurgaft Beats Challenge To Defamation Suit Win

    New Jersey law firms posting about their cases and achievements are protected by the state's anti-SLAPP law, the state's Appellate Division ruled Monday in backing the dismissal of Holtec International's suit against Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins PC over a blog post about the firm's representation of a former Holtec executive.

  • July 13, 2026

    Fed. Circ. Removes Early Sales Ban In Door Patent Case

    The Federal Circuit on Monday again threw out a preliminary injunction barring sales of insulated doors while patent litigation over them plays out, ruling an Ohio federal judge wrongly found that the patent owner and a licensee were likely to prevail in the case.

  • July 13, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week handled disputes involving corporate control, post-closing competition, executive departures, arbitration awards and shareholder litigation.

  • July 13, 2026

    Fed. Circ. Revives Google Fight Against Voice Tech Patent

    The Federal Circuit on Monday gave Google a new chance to invalidate a patent covering a voice-operated internet browsing system, saying the Patent Trial and Appeal Board needs to take another look at the company's challenge.

  • July 13, 2026

    Mass. High Court Says Prevailing Wage Skips Routine Repairs

    Massachusetts' highest court ruled Monday that routine maintenance and repair work at a privatized wastewater treatment facility does not trigger prevailing wage protections under a state special act, finding the phrase "construction and design of improvements" carries a narrower technical meaning than the workers claimed.

  • July 10, 2026

    Biggest Illinois Decisions Of 2026: Midyear Report

    One of the biggest decisions to come down in Illinois so far this year applies a 2-year-old Biometric Information Privacy Act amendment retroactively in an appellate ruling experts anticipate will deflate settlement values even though it came from a federal court.

  • July 10, 2026

    Davis Wright Atty Hit With Sanctions After Winning Sanctions

    After defending six-figure sanctions of plaintiffs lawyers for "a reckless course of prolonging litigation," a Davis Wright Tremaine LLP attorney is facing his own six-figure sanctions, with a California magistrate judge finding he "unnecessarily burdened" opposing counsel despite warnings dating back years about "improper litigation tactics."

  • July 10, 2026

    Ill. Appeals Court Upholds $45M Talc Verdict Against J&J

    A split Illinois state appeals court on Friday refused to disturb a jury's verdict awarding $45 million to the family of a woman who developed mesothelioma and died after using Johnson & Johnson's talc baby powder for decades, ruling that her case warranted both wrongful death and shortened life damages.

  • July 10, 2026

    Kalshi's Contracts 'Sound Like A Bet,' 9th Circ. Judge Says

    A Ninth Circuit panel appeared open Friday to preliminarily blocking Kalshi and Robinhood from offering sports contracts on tribal land, with one judge saying Kalshi's contracts "sound like a bet" subject to Native American gambling laws and another saying it "wouldn't be so unreasonable" to exclude tribes from federal oversight in this area.

  • July 10, 2026

    Nexstar-Tegna Merger Challenge Gets July 2027 Trial Date

    A California federal judge has scheduled an early July 2027 trial date in DirecTV and a coalition of states' lawsuit seeking to stop Nexstar Media Group Inc.'s integration with rival broadcast company Tegna Inc.

  • July 10, 2026

    1st Circ. Sinks Child Porn Evidence Found On Wrong Phone

    The First Circuit has upheld a lower court's ruling to suppress child pornography evidence found on a Puerto Rico man's iPhone, saying federal agents could not rely on the good faith exception after knowingly searching a device not specified in their warrant.

  • July 10, 2026

    Hospitals, Housing Targeted In 2026 As Fed Antitrust Wanes

    The U.S. Department of Justice Antitrust Division and Federal Trade Commission are confronting claims that federal antitrust enforcement is petering out even as the agencies' dockets in 2026 include actions against hospital systems' demands on insurers, rental home listings, protein industry data and criminal prosecutions.

  • July 10, 2026

    Colo. Panel Rules Mineral Rights Appeal Premature

    The Colorado Court of Appeals tossed an estate's appeal of a lower court's decision that threw out its claims of mineral trespass and unjust enrichment in a Colorado property, finding the trial court's order was not final and appealable.

  • July 10, 2026

    Top 5 Enviro Cases To Watch In The 2nd Half Of 2026

    The second half of 2026 could see courts delivering important rulings that will determine whether municipalities can set their own building emissions laws, the extent of California's authority to regulate pollution and citizens' power to enforce the Clean Air Act. Here, Law360 takes a look at five environmental cases that could be resolved before the end of the year.

Expert Analysis

  • 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.

  • How End Of SEC 'Gag Rule' Affects Free Speech Certiorari Bid

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    The Securities and Exchange Commission's recent rescission of the so-called gag rule, which forbade defendants in settlements from denying the SEC’s allegations, may sway the outcome of a petition to the Supreme Court in a case challenging the rule on First Amendment grounds, say attorneys at Troutman.

  • 2nd Circ.'s Embedded Video Ruling May Protect Publishers

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    The Second Circuit's recent decision in Richardson v. Townsquare, dismissing an infringement claim arising from an embedding of a YouTube-hosted interview, reaffirms a potent defense for publishers who regularly use social media platforms' embed functionality, says Amanda Harris at Jassy Vick.

  • Federal Officer Removal After Justices' La. Pollution Ruling

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    In the wake of the U.S. Supreme Court's recent ruling in Chevron USA v. Plaquemines Parish, companies seeking to use federal officer removal to move litigation out of state court should ask three questions, focusing on government contract language, federally directed activity and related conduct, say attorneys at Hollingsworth.

  • Series

    Competing At Poker Makes Me A Better Lawyer

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    Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

  • Revisiting TransUnion's Underused Standing Rule, 5 Years On

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    The Ninth Circuit Court of Appeals' recent use of the U.S. Supreme Court’s now five-year-old TransUnion v. Ramirez rule specifying that the "mere risk of future harm" isn't concrete enough to support a damages claim presents an opportunity to revisit this underutilized standing rule, say attorneys at Horvitz & Levy.

  • 5 Things Associates Must Ask About Their Firm's Merger Plan

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    The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

  • Uncertainty Looms After Justices' Withdrawal Liability Ruling

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    The U.S. Supreme Court's recent holding in M&K Employee Solutions v. Trustees of the IAM National Pension Fund increases the unpredictability of withdrawal liability assessments, so employers should prepare for a range of assessments and be equipped to challenge unreasonable ones, say attorneys at Winston Taylor.

  • CFTC Trading Rule Can't Police Prediction Markets Yet

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    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

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    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.

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