Appellate

  • August 17, 2026

    Medtech Group Faults Fed. Circ. Trade Secret Timing Rule

    A medical technology trade group and a University of Texas law professor are urging the full Federal Circuit to revisit a decision that wiped out Insulet Corp.'s trade secret win against EOFlow Co. Ltd. after finding the suit untimely, reversing a $452 million jury verdict that had been reduced to $59.4 million.

  • August 17, 2026

    Justices Asked To Ban Ten Commandments In Texas Schools

    Two dozen families on Monday urged the U.S. Supreme Court to overturn the Fifth Circuit's decision allowing Texas to require public schools to display copies of the Ten Commandments in classrooms, arguing the decision "egregiously" ignores several of the high court's religious freedom precedents.

  • August 17, 2026

    10th Circ. Won't Rehear Okla. Death Row Gender Bias Claim

    The Tenth Circuit will not reconsider its decision upholding convicted murderer Brenda Andrew's death sentence after the U.S. Supreme Court revived her claim that the use of sexualized and gender-stereotyped evidence at trial violated her constitutional rights.

  • August 17, 2026

    NC Court Won't Revisit Pot-Smell Basis For Car Search

    The North Carolina Supreme Court has again affirmed that the smell of cannabis can serve as the basis of a police search, noting that the court had already weighed in on the issue in a similar case earlier this year.

  • August 17, 2026

    2nd Circ. Says Public Can Film Police And Their Stations

    The Second Circuit said Monday it has joined "a growing chorus of our sister circuits" in finding a constitutional right to record law enforcement activity in public, as well as police buildings, but still turned away a self-described First Amendment auditor's lawsuit over his arrest while filming the exterior of a Connecticut police station.

  • August 17, 2026

    11th Circ. Revives Royal Caribbean 401(k) Fund Suit

    The Eleventh Circuit reversed a win on Monday for Royal Caribbean in a suit from cruise ship workers who alleged they lost 401(k) savings because of shoddy target-date investment funds, holding that a lower court erred in handing the cruise company an early win in a challenge to the prudence of their investment management.

  • August 17, 2026

    Justices Won't Reconsider Verizon's $47M FCC Fine

    The U.S. Supreme Court is not interested in reconsidering how it worded its June opinion upholding the Federal Communications Commission's authority to issue monetary penalties, despite Verizon arguing that the ruling left it between a rock and a hard place concerning the $47 million fine it already paid.

  • August 17, 2026

    Chattah Can't Serve As Acting Nevada US Atty, 9th Circ. Says

    The Ninth Circuit on Monday upheld a lower court ruling that Nevada's top prosecutor was not put in place lawfully and was barred from overseeing the criminal cases giving rise to the appeal, the latest state where courts have shut down attempts by the Trump administration to fill U.S. attorney vacancies without Senate confirmation.

  • August 17, 2026

    4th Circ. Says Waiver Applicants Aren't Shielded From ICE

    Federal immigration regulations do not prevent the government from deporting an unlawfully present noncitizen who is married to a U.S. citizen and is seeking to avoid being statutorily barred from reentering the country amid the green card process, the Fourth Circuit ruled.

  • August 17, 2026

    NC Gov. Nixes GOP Bill To Let Chief Justice Suspend Judges

    North Carolina Gov. Josh Stein on Monday vetoed a bill that would allow the chief justice to suspend trial court judges under investigation by the Tar Heel State's judicial watchdog, criticizing lawmakers as "playing politics" with the judiciary.

  • August 17, 2026

    Georgia DA Wants A Say In Trump Election Case Fee Battle

    Fulton County District Attorney Fani Willis is urging a Georgia appellate court to undo an order blocking her from intervening in a bid by President Donald Trump and others to recoup $16 million in legal fees in a dismissed election interference case, saying her office has a significant financial interest at stake.

  • August 17, 2026

    Mich. Homeowner Qualifies For Exemption, Court Rules

    A Michigan homeowner who lived in the state while her husband lived in Washington state is eligible for a principal residence exemption despite filing a nonresident return for one year, a panel of the Michigan Appeals Court ruled. 

  • August 17, 2026

    Biotech Asks 1st Circ. To Undo Red Cross Antitrust Immunity

    A biotech firm asked the First Circuit on Friday to undo a district court decision granting the American Red Cross immunity from antitrust allegations, arguing the blood donation giant was wrongly deemed an "instrumentality" of the U.S. government even though it functions as an independent corporation.

  • August 17, 2026

    Rebel Creamery Hits Ch. 11 After $24M Loss To Van Leeuwen

    Ice cream company Rebel Creamery has filed for Chapter 11 protection in Utah bankruptcy court with about $24 million in debt, one month after losing a trademark lawsuit brought by rival Van Leeuwen.

  • August 17, 2026

    7th Circ. Reverses Alcoa Union Retirees' Lifetime Benefits Win

    The Seventh Circuit reversed an Indiana federal court's decision holding that certain union retirees of aluminum giant Alcoa and their beneficiaries had a vested right to health benefits for life, finding error with the lower court's judicial estoppel analysis that formed the basis for its judgment on liability.

  • August 17, 2026

    Justices Again Deny Review Of $5M Carroll Verdict

    The U.S. Supreme Court on Monday denied President Donald Trump's request to rehear his challenge to a $5 million verdict finding he sexually abused writer E. Jean Carroll.

  • August 14, 2026

    Barrage Of Amici Urge Justices To Mandate 12-Person Juries

    Former judges, ex-prosecutors, criminal defense attorneys, civil rights groups, Catholic bishops, university professors and others are urging the U.S. Supreme Court to find that the Constitution requires 12-person juries to decide trials for serious crimes, taking aim at Florida's practice of seating six-person juries for most criminal trials.

  • August 14, 2026

    In First, 2nd Circ. Allows DNA Warrant Without Match Sample

    The Second Circuit has ruled that a man cannot suppress a court-ordered DNA sample in his murder case even though police had not identified a viable comparison sample from the crime scene, becoming the first federal circuit court to address the question.

  • August 14, 2026

    9th Circ. Says DOJ Subpoenas Can Support Trump Agenda

    A split Ninth Circuit panel on Friday held that President Donald Trump has the authority to direct the U.S. Department of Justice to issue politically motivated subpoenas that align with his broader policy goals, reversing a lower court's ruling quashing a subpoena issued to a gender-affirming medical care provider.

  • August 14, 2026

    Attys Looking To Justices To Resolve Design Patent 'Mess'

    Following a sharply divided order where the full Federal Circuit declined to reconsider the standards for design patent infringement, attorneys tell Law360 they hope the deep disagreements among the judges spur the U.S. Supreme Court to clear up precedent one called a "total mess."

  • August 14, 2026

    NC Law Firm's 'Personal Goodwill' Not Marital Property

    North Carolina's highest court Friday sided with an intellectual property attorney in finding that the value of his law firm attributable to his firm's "personal goodwill" is not marital property and thus can't be divvied up for equal distribution to his ex-wife following their divorce.

  • August 14, 2026

    Conn. Opposes Kalshi's Bid To Keep Running Pending Appeal

    Connecticut officials on Friday asked a federal judge to deny KalshiEX's bid to keep offering sports contracts as it mounts a "long-shot appeal" of an injunction, arguing there is no basis to restrain state regulators from enforcing state wagering law given the contracts' "clear illegality." 

  • August 14, 2026

    Hemp Cos. Ask 6th Circ. To Keep Ohio Law On Pause

    Hemp manufacturers and sellers have asked the Sixth Circuit to uphold a lower court's ruling that paused the enforcement of an Ohio law that reclassified their products as marijuana.

  • August 14, 2026

    Texas Panel OKs Atmos' Win In Home Gas Leak Injury Suit

    A Texas appellate court has affirmed the dismissal of a suit alleging a family suffered injuries from gas leaks inside their home due to the negligence of Atmos Energy, saying the family failed to prove the utility knew about the dangerous condition but did nothing.

  • August 14, 2026

    Texas Justices Pass On Atty's Bid To Undo Exxon Sanctions

    The Texas Supreme Court on Friday declined to take up an appeal brought by a law firm challenging a sanction order issued after a lower court found it launched a frivolous lawsuit against Exxon Mobil Corp. related to the company's acquisition of Pioneer Natural Resources.

Expert Analysis

  • Future Of Fed Independence Shaky After Justices' Ruling

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    The U.S. Supreme Court's recent ruling in Trump v. Cook preserved the Federal Reserve's formal independence but could invite the president to remove board members with just modest protections, leaving the central bank's autonomy uncertain and potentially setting up fresh clashes over other agencies, says Steven Schwinn at the University of Chicago.

  • Series

    Mich. Banking Brief: All The Notable Legal Updates In Q2

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    The second quarter brought several notable financial services law developments to Michigan, including a U.S. Supreme Court ruling on state tax foreclosures, progress on a money transmission modernization bill package, and continued legislative momentum on cryptocurrency and mortgage lending, say attorneys at Dykema.

  • Justices' Ruling Alters Playing Field For State Subpoena Suits

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    The U.S. Supreme Court’s decision in First Choice Women’s Resource Centers v. Davenport will spark more federal court challenges to state subpoenas, but procedural defenses will block some merits decisions, so plaintiffs must carefully time and manage parallel federal and state proceedings, say attorneys at Troutman.

  • Looking At Drake's Diss Track Appeal Through An IP Lens

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    Though Drake's pending Second Circuit appeal over UMG's promotion of Kendrick Lamar's "Not Like Us" is formally about defamation, it shows that IP considerations can help identify records showing how a work traveled, which may guide courts when deciding context, says attorney Abdul Abdullahi.

  • Series

    Bass Fishing Makes Me A Better Lawyer

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    Landing a trophy striped bass and closing a big deal both require cultivating the patience to finesse — not force — your way to desired outcomes, changing course when your old approach isn’t working and learning from the ones that got away, says Jon Ruiss at Alston & Bird.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q2

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    The year's second quarter brought several notable banking law developments to New York, including a proposal to align state stablecoin rules with the federal Genius Act, fresh fair lending and cybersecurity guidance from state regulators, and a significant Second Circuit holding on preemption, say attorneys at Ashurst Perkins Coie.

  • PacifiCorp Ruling Shows Limits Of Aggregate Wildfire Loss Models

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    An Oregon appeals court's recent decision in James v. PacifiCorp illustrates that in litigation involving multiple wildfires, materially different causation theories, and evidence tied to particular fires and locations, a single undifferentiated damages model is vulnerable to attack, say Paige Van Oosten and Jason Kim at Hunton and Kevin Cahill at FTI Consulting.

  • Roundup

    The Most Talked-About Supreme Court Decisions Of 2026

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    This term, 11 U.S. Supreme Court decisions quickly became hot topics among Law360's guest writers.

  • A New Defense For Medicaid Fraud Cases In Texas

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    The Texas Supreme Court decision in LabCorp v. Texas last month, finding that the state's False Claims Act requires proof that an omission is material, is among the first to establish that the government's lack of reaction to the defendant's disclosures rendered alleged omissions immaterial, say attorneys at Sheppard.

  • Fighting The Evidentiary Risks Of Deepfakes In Court

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    Though courts and federal rules are only slowly developing frameworks for assessing digital evidence that could have been created or generated by artificial intelligence, litigators should understand what steps they'll likely need to take to successfully challenge potentially deepfaked exhibits — and fight questions about the authenticity of their own, say attorneys at MoFo.

  • Justices' Cuba Ruling Narrowly Recasts Sovereign Immunity

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    The U.S. Supreme Court recently allowed Exxon Mobil's bid for $1 billion in damages for Cuban-seized property to proceed, but the ruling's doctrinal significance is in treating the Helms-Burton Act as a later, specific and self-contained statutory displacement of the default jurisdictional immunity regime, says Josep Galvez at 4-5 Gray's Inn.

  • 'Tiger King' Funeral Clip Ruling Offers Fair Use Road Map

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    The Tenth Circuit's decision in Whyte Monkee v. Netflix that the streaming service's use of another party's funeral footage in the docuseries "Tiger King" constituted fair use lays out a framework for producers to apply the four statutory fair use factors to their own projects, says Frank D’Angelo at Loeb & Loeb.

  • Justices Stand On Statutory Specifics In Cisco And Landor

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    With its June 23 decisions in Cisco Systems Inc. v. Doe and Landor v. Louisiana Department of Corrections and Public Safety, the U.S. Supreme Court doubled down on the critical point that the statute invoked in a federal claim must authorize a private lawsuit and the remedy sought, says Patrick Judd at Phelps Dunbar.

  • Justices' Concurrences Foretell Fault Line On Appeal Waivers

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    The U.S. Supreme Court recently ruled 8-1 in Hunter v. U.S. that appeal waivers that produce a miscarriage of justice are unenforceable, but the decision's concurrences indicate future divisions over whether this exception will be used as a rare safety valve or to police ordinary but troubling plea errors, say attorneys at RJO.

  • How Montgomery Ruling Will Affect Cos. Across Supply Chain

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    Since the U.S. Supreme Court's May 14 decision in Montgomery v. Caribe Transport II, the immediate focus has been on freight brokers and negligent carrier-selection claims, but the ripple effects may extend to shippers, logistics providers, insurers, transportation managers and other participants in the supply chain, say attorneys at Quintairos Prieto.

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