Appellate

  • August 21, 2026

    Gov't To Take 9th Circ.'s Bar Of Nev. US Atty To High Court

    The U.S. government asked the Ninth Circuit to stay its ruling disqualifying Nevada's top prosecutor from assuming that role without Senate confirmation, saying it plans to take the issue to the U.S. Supreme Court.

  • August 21, 2026

    4th Circ. Leaves Bulk Of $22M Wells Fargo ADA Verdict Intact

    The Fourth Circuit ruled Friday that a $22 million jury verdict in favor of a former Wells Fargo employee who said he was terminated for seeking remote work was almost $2.9 million too high, telling the ex-worker to choose between a reduced award or a new trial.

  • 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."

Expert Analysis

  • Where Is The Line On Actionable Comms In Securities Cases?

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    Recent securities cases demonstrate the difficulty in discerning a clear difference between statements made in connection with the purchase or sale of securities and those that aren't, with that line more likely attributable to individualized factual situations than to any doctrinal differences of opinion between various courts, says Samuel Groner at Fried Frank.

  • NJ Supreme Court Ruling Exposes D&O Gaps For PE Boards

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    The New Jersey Supreme Court's recent decision in Mist Pharmaceuticals v. Berkley Insurance, barring directors and officers coverage, serves as a cautionary tale for private equity executives serving in overlapping roles at sponsor and portfolio companies, say attorneys at Reed Smith.

  • Post-Ismael Bias Cases Reinforce Familiar Employer Lessons

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    Despite the Eleventh Circuit's 2025 decision in Ismael v. Roundtree sparking concern that summary judgment could become more difficult for employers in discrimination and retaliation cases, courts continue to examine whether the employer's explanation, decision-making process and contemporaneous record tell a consistent story, say attorneys at Krevolin Horst.

  • Fed. Circ. In June: When Courts Can't Correct Patent Errors

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    The Federal Circuit's recent decision in Enanta v. Pfizer explores and clarifies the limits of what can be corrected in a patent application, even if the error is obvious, say attorneys at Knobbe Martens.

  • Challenging Detention After 5th Circ. Ends Bond Clocks

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    After the vacatur of the Fifth Circuit’s holding that the U.S. Constitution requires bond hearings for detained noncriminal noncitizens, practitioners should go back to filing habeas petitions, pending the court's en banc rehearing, says Kemal Hepsen at Mandamus Lawyers.

  • Patent Eligibility Bulletin: New USPTO Guidance And AI Risks

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    In the second quarter of 2026, the U.S. Patent and Trademark Office updated its subject matter eligibility declarations in line with its increasingly permissive patent eligibility stance, while the Federal Circuit rigorously applied the Alice framework in a decision that highlighted risks facing patent claims that utilize artificial intelligence and machine learning, say attorneys at Banner Witcoff.

  • State Of Insurance: Q2 Notes From Illinois

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    The second quarter of 2026 featured a trio of auto insurance opinions from Illinois' appellate courts, addressing a notice requirement, narrowing insurers' exposure for delayed payment of underinsured motorist claims, and creating a district split on coverage for employee-drivers under employers' policies, says Matthew Fortin at BatesCarey.

  • Why Courts Are Pushing Back On Greenwashing Laws

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    Recent Fourth Circuit and California federal court decisions blocking state greenwashing statutes on First Amendment grounds reveal a tension at the heart of environmental marketing regulation — while states want clarity, courts aren't prepared to let legislatures flatly ban categories of truthful commercial speech, say attorneys at DLA Piper.

  • 11th Circ. Opioid Appeal May Shift Public Nuisance Coverage

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    The Eleventh Circuit's recent ruling certifying to the Florida and Georgia Supreme Courts the question of whether insurers must provide coverage against suits claiming policyholders improperly distributed opioids may ultimately result in a counterbalance to the Delaware line of cases denying coverage for government opioid suits, say attorneys at Pillsbury.

  • Series

    Teaching SEC Investigations Makes Me A Better Lawyer

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    Instructing a law school course on U.S. Securities and Exchange Commission investigations has made me a more thoughtful, deliberate practitioner because it requires me to continually reassess and challenge what I know about securities law enforcement, how I know it and how best to explain it, says David Chase at Miami Law.

  • Monsanto Ruling Bolsters Generic Drug Labeling Preemption

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    The U.S. Supreme Court's recent decision in Monsanto Co. v. Durnell concerns herbicide labeling regulated by the Federal Insecticide, Fungicide, and Rodenticide Act, but also carries weighty implications for preemption of state law labeling claims against drug manufacturers, say Terry Henry and Ann Querns at Blank Rome and Melanie Leney at Aurobindo Pharma.

  • Justices' Tax Sale Ruling Tees Up Auction Fairness Battles

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    The U.S. Supreme Court’s recent decision in Pung v. Isabella County, Michigan, that taxpayers are not entitled to fair market value of real property seized to satisfy a tax debt shifts attention to the fairness of state and local auction procedures, and whether taxpayers claiming surplus proceeds face unwarranted hurdles, say attorneys at Miller Canfield.

  • Why The 2nd Circ. Upheld Beneficial Ownership Blockers

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    The Second Circuit recently held that a properly drafted contractual blocker — which caps an investor's beneficial ownership below 10% and automatically voids any transaction that would breach the cap — shields the investor from Section 16(b) liability, demonstrating that blockers have teeth, say attorneys at Sheppard.

  • Patent Eligibility Reforms Keep Chasing The Wrong Fixes

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    Repeated efforts to create a consistent, predictable patent eligibility standard under Section 101 have centered on replacing judge-made exceptions with new statutory language, but the better fix is to align examination standards with how courts actually apply eligibility doctrine, says former Patent Trial and Appeal Board judge Amee Shah.

  • Opinion

    Qualified Immunity Bill's Reach Goes Beyond Federal Officers

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    The federal Qualified Immunity Abolition Act, introduced earlier this year and described by the bill sponsors as a federal-officer measure, would in actuality reach the entire universe of Section 1983 defendants, a distinction that matters as much to defense counsel as to plaintiffs, says attorney V. James DeSimone.

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