Appellate

  • August 21, 2026

    9th Circ. Keeps Order To Improve ICE Site Amid Feds' Appeal

    The Trump administration must continue to address the "severe and inhumane deficiencies" a California federal court identified at an immigrant detention facility in the Mojave Desert, the Ninth Circuit has ruled, finding it unlikely to prevail in detainees' constitutional challenge.

  • August 21, 2026

    11th Circ. Won't Reopen ATF Worker's Disability Bias Suit

    The Eleventh Circuit refused to revive a lawsuit alleging the Bureau of Alcohol, Tobacco, Firearms and Explosives forced an employee with a heart condition to accept a demotion rather than let her take unpaid leave, ruling the agency wasn't required to supplement the paid time off she had available.

  • August 21, 2026

    Transportation Tracker: Boeing, CH Robinson Verdicts

    In our latest Law360 Transportation Tracker, an Illinois jury awarded $29 million to the family of a U.N. worker killed in the 2019 crash of a Boeing 737 Max 8, while freight broker C.H. Robinson was hit with a blockbuster $604 million verdict in Texas over a fatal 2021 trucking accident.

  • August 21, 2026

    Judge's Job Bid Sinks Conn. Atty's Homicide Conviction

    Former Cramer & Anderson LLP partner Robert L. Fisher Jr. is entitled to a new manslaughter trial because the presiding judge at his original trial "created an appearance of a lack of impartiality" when he did not disclose to the parties that he had applied for an oversight job with the state prosecutor's office, an appeals court ruled Friday.

  • August 21, 2026

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen former Liberal Democrat MP Mark Oaten sue a fur auction house, private equity and pensions magnate Edmund Truell hit by a commercial fraud claim and Charles Russell Speechlys file a contract claim against two of its previous clients in the Middle East.

  • August 20, 2026

    Abbott Inks $670M Deal To End Some Preterm Formula Claims

    Abbott Laboratories announced Thursday that it has agreed to pay about $670 million to partially resolve ongoing litigation alleging its specialty baby formula caused premature babies to suffer a disabling intestinal condition.

  • August 20, 2026

    Jay-Z Appeals Buzbee Win In Rapper's Defamation Suit

    Music mogul Jay-Z's counsel fought uphill Thursday to convince a California state appeals court to revive claims that Texas attorney Tony Buzbee defamed and extorted him by roping him into a sexual abuse suit against Sean "Diddy" Combs, arguing in court that a trial court erroneously read evidence in Buzbee's favor.

  • August 20, 2026

    Fla. Panel Says Tribe Can Intervene In Parental Rights Case

    A Florida appeals court has reversed a lower court's denial of the Stillaguamish Tribe of Indians' request to intervene in a parental rights case, saying the tribe has the right to intervene under the Indian Child Welfare Act at any point in the proceeding.

  • August 20, 2026

    FTC Slams Amgen's Antitrust Shield Argument At 4th Circ.

    The Federal Trade Commission has urged the Fourth Circuit to reject Amgen's "sweeping" assertion that commercial agreements for acquiring the rights to patent applications are shielded from antitrust scrutiny, saying the company's position in an appeal related to blockbuster autoimmune drug Enbrel is a threat to longstanding understandings of antitrust law.

  • August 20, 2026

    10th Circ. Backs Immunity In Shooting Of Man Aiming At K-9

    The Tenth Circuit has upheld a grant of qualified immunity to four Colorado police officers who fatally shot a man after he drew a gun on a police dog during an armed standoff, saying a lawsuit filed by his estate failed to show officers clearly violated his constitutional rights.

  • August 20, 2026

    Coal Co. Loses 4th Circ. Challenge To Black Lung Benefits

    The Fourth Circuit on Thursday upheld a Black Lung Benefits Act award to a former underground electrician, finding that an administrative law judge reasonably relied on two medical experts who linked his chronic lung problems to nearly 12 years of coal mine work.

  • August 20, 2026

    Fla. Panel Reinstates $6.8M Injury Verdict Against Walmart

    A Florida state appeals court has reinstated a $6.8 million verdict awarded to a woman severely injured after she was struck by a pallet jack while shopping, saying a retrial was unwarranted because there was insufficient evidence jurors improperly discussed the case.

  • August 20, 2026

    Woman's Hit-And-Run Injuries Not Covered, 8th Circ. Says

    A woman struck by a vehicle while crossing the street is not entitled to uninsured motorist coverage under her employer's auto policy, the Eighth Circuit ruled Thursday, saying she was not an insured under the policy because she was not occupying a covered vehicle at the time of the incident.

  • August 20, 2026

    9th Circ. Revives Can-Am Fuel Claims Against Sinclair, Glovis

    A unanimous Ninth Circuit panel on Thursday revived Can-Am Fuel Distribution LLC's federal franchise claims against Sinclair Oil LLC and Glovis America Inc., holding the companies' licensing agreements are covered by the Petroleum Marketing Practices Act despite an "unusual variation" in the parties' relationship.

  • August 20, 2026

    11th Circ. Saves Delta-Aeromexico Joint Venture

    The Eleventh Circuit on Thursday handed Delta Air Lines and Aeromexico a decisive win by vacating a U.S. Department of Transportation order directing them to dismantle their nearly decadelong joint venture, saying the DOT applied a skewed standard and made unsupported findings about the partnership's purported anticompetitive effects.

  • August 20, 2026

    Colo. Panel OKs Suspect's DNA Collection From Trash

    A divided Colorado state appeals court panel Thursday ruled that investigators did not need a warrant to collect a cold-case murder suspect's DNA from garbage he left in a publicly shared dumpster, saying abandoned property is not subject to privacy protections.

  • August 20, 2026

    9th Circ. Sides With NLRB In Wash. Terminal Union Work Fight

    The full Ninth Circuit Thursday backed the National Labor Relations Board's decision in a union battle for work on a Seattle marine cargo terminal, ruling the International Longshore and Warehouse Union can't use the "work-preservation defense" to defeat accusations that it illegally pressured an employer for disputed work.

  • August 20, 2026

    11th Circ. Denies YouTube Bid For Atty Fees In Copyright Fight

    The Eleventh Circuit on Thursday upheld a Florida federal judge's refusal to award attorney fees to YouTube after the platform defeated copyright claims accusing it of failing to remove pirated films, finding no abuse of discretion in the lower court's analysis.

  • August 20, 2026

    Mich. Appeals Court Bars Hearing Testimony At Murder Retrial

    A Michigan state appeals court has ruled that testimony provided by witnesses at a hearing where a defendant argued he had ineffective counsel at his murder trial cannot be used in an upcoming new trial, even though the hearing witnesses are not available to testify again.

  • August 20, 2026

    Ticket Buyers Ask 2nd Circ. To Nix Live Nation Arbitration

    Concertgoers who purchased tickets on the secondary market are asking the Second Circuit to vacate a lower court's decision forcing them to arbitrate their antitrust claims against Live Nation and its Ticketmaster unit.

  • August 20, 2026

    Binance Can't Arbitrate Crypto-Laundering Claims After All

    A Florida federal judge on Thursday vacated a ruling that compelled arbitration for proposed class claims alleging that Binance laundered stolen cryptocurrency, after a decision came down from the Eleventh Circuit finding that the individuals who filed their actions didn't have contractual relationships with the exchange.

  • August 20, 2026

    Ga. Panel Revives Man's Suit Over Accidental Shooting

    Georgia appellate judges reinstated a personal injury suit by a man whose leg was amputated after being accidentally shot by a teenager, ruling Wednesday the defendants failed to show no other insurance coverage was available for the injuries under a commercial auto policy the teen's father had through his business. 

  • August 20, 2026

    USPTO Tells Fed. Circ. 'Settled Expectations' Is Constitutional

    The U.S. Patent and Trademark Office has urged the Federal Circuit to reject Google's constitutional challenge to the office's "settled expectations" policy of taking the age of patents into account when deciding whether to review them, saying the rule is "eminently rational."

  • August 20, 2026

    Colo. Court Affirms Boulder Stormwater Fees Aren't Taxes

    Stormwater fees in Boulder, Colorado, that were used in part to repay $66 million in bonds are not taxes subject to voter approval under the state's Taxpayer Bill of Rights, an appeals court said Thursday, affirming a state district court.

  • August 20, 2026

    Nintendo Customer Fights To Keep Tariff Refund Suit Alive

    A Washington federal court should deny Nintendo's attempt to escape a proposed class action seeking reimbursement of costs that customers paid toward President Donald Trump's since-invalidated global tariff regime now that the company is pursuing refunds, a customer told the court.

Expert Analysis

  • 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.

  • 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.

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