Appellate

  • November 04, 2026

    5th Circ. Orders Fresh Look At Tequila Brands' TM Confusion

    A split Fifth Circuit on Wednesday revived a trademark dispute between Mexican brand "Clase Azul" and U.S. startup "Casa Azul," finding that because the Texas district court made some errors in its underlying findings, it needs to reassess the likelihood of confusion between the two companies' marks.

  • November 04, 2026

    Investors Say Internet Letter Should Support Ill. Fraud Claims

    A securities short seller that ditched fraud claims over a letter it allegedly posted online to manipulate a stock's value urged the Seventh Circuit on Wednesday to leave its dismissal win intact, saying reversal could invite a "slippery slope" of future plaintiffs satisfying venue requirements with even less sufficient claims.

  • November 04, 2026

    1st Circ. Revives Temu Suit Against IP Atty, Citing Jurisdiction

    The First Circuit has revived Chinese e-commerce company Temu's lawsuit accusing an intellectual property attorney of lying to secure settlements with a pair of clients, finding that the lower court failed to consider jurisdictional questions.

  • November 04, 2026

    Woman Tells 11th Circ. Sexual Assault Gag Clause Is Invalid

    A woman who claimed she was sexually assaulted by her former intimate partner asked the Eleventh Circuit on Wednesday to overturn a $2.7 million judgment against her for breaching a confidential agreement with the ex-partner, arguing the question of the contract's validity is one for a jury.

  • November 04, 2026

    Justices Hear Texas Challenge Of 'Unavailable' Habeas Claim

    The Texas solicitor general urged the U.S. Supreme Court during oral arguments Wednesday to overturn a decision allowing a death row prisoner's successive habeas claim for intellectual disability under new diagnostic standards, saying the challenge did not qualify for a rare exception under the Antiterrorism and Effective Death Penalty Act of 1996.

  • November 04, 2026

    Nike Scores Quick OK For Appeal In Wash. Spam Class Action

    A Washington state judge greenlighted Nike Inc.'s bid for a quick appeal Tuesday in a case accusing the apparel giant of sending customers misleading advertising emails, clearing the way for appellate review of whether alleging violations of Washington's antispam statute automatically establishes economic injury under the state's consumer protection law.

  • November 04, 2026

    Westlaw AI Fight Warrants Full Court Review, 3rd Circ. Told

    Ross Intelligence urged the full Third Circuit to revisit a copyright decision concluding that it wasn't protected by fair use when it trained its artificial intelligence legal research platform on Thomson Reuters' Westlaw headnotes, arguing that "at every turn, the panel asked the wrong question."

  • November 04, 2026

    5th Circ. Backs 'Geek Therapy' Co. In Roleplay Game IP Battle

    The Fifth Circuit on Wednesday sided with a "geek therapy" company in a suit claiming it infringed the intellectual property rights of a role-playing game developer after their partnership soured, saying a licensing agreement allowed the company to use the content of the game.

  • November 04, 2026

    2nd Circ. Told To Not Expand Antitrust Patent Fraud Standing

    A pharmaceutical industry trade group has backed Bristol-Myers Squibb and its Celgene subsidiary in the Second Circuit, warning that health plans asking the appeals court to reinstate a proposed class action against the companies are seeking to expand who can bring antitrust cases alleging fraudulently obtained patents.

  • November 04, 2026

    Guo Daughter Says Ch. 11 Trustee Misreads Powers

    The daughter of Chinese exile Miles Guo said that the Chapter 11 trustee who controls her father's bankruptcy estate is conflating two separate sections of the Bankruptcy Code, and she again urged the U.S. Supreme Court to resolve an alleged circuit split and reverse orders that placed $23 million in yacht sale proceeds plus a $37 million escrow into her father's estate.

  • November 04, 2026

    NY Panel Tosses Challenge To Rollout Of NYC 2nd-Home Tax

    A New York state appeals court threw out a challenge lodged by homeowners to the rollout of New York City's tax on high-value second homes, saying they lacked standing to bring the suit.

  • November 04, 2026

    Wash. Justices Won't Hear Concrete Co.'s $649K Wage Appeal

    Washington's highest court declined to review a concrete company's challenge to a state agency's finding that it underpaid workers who used radar and X-ray imaging to scan concrete on a Seattle-area light rail bridge project, leaving the company on the hook for nearly $649,000 in unpaid wages and interest.

  • November 04, 2026

    Groups Ask 11th Circ. To Affirm Block Of Trump-IRS Deal

    A consumer advocacy organization and an ethics watchdog group urged the Eleventh Circuit on Wednesday to affirm a Florida federal judge's order finding President Donald Trump's $10 billion suit against the IRS and the resulting settlement deal lacked legitimate controversy, saying his suit threatens the judicial branch's integrity.

  • November 04, 2026

    Altria Tells 4th Circ. ITC Patent Cases Are Unconstitutional

    Altria has asked the Fourth Circuit to undo a district court decision allowing a patent case in the U.S. International Trade Commission brought against it by Juul to proceed, saying the Constitution dictates that private patent disputes belong in the courts.

  • November 04, 2026

    NJ Justices Skeptical Court Can Void Jersey City Sewer Pact

    The New Jersey Supreme Court appeared skeptical Wednesday that it had the authority to void a decades-old settlement agreement requiring Jersey City to pay for the water treatment costs of nine municipalities, with justices questioning whether they were being asked to overrule the state's sewage authority law.

  • November 04, 2026

    Insurers Must Face Roofer's Contract Claims, Split Panel Says

    A split North Carolina state appeals court on Wednesday revived 41 lawsuits brought by a commercial roofing contractor accusing insurers of wrongfully refusing to pay out storm damage repair claims that homeowners assigned under their policies, saying the company adequately pled valid assignments of rights.

  • November 04, 2026

    7th Circ. Probes Milwaukee Tool's Forced-Labor Liability

    Seventh Circuit judges grappled Wednesday with whether a federal anti-trafficking law allows a former Chinese prisoner to sue Milwaukee Tool over allegations it sold gloves made with forced prison labor in China, questioning the international consequences of allowing private lawsuits over foreign conduct and probing whether the company's alleged profits from that labor in the United States are sufficient to keep the case alive.

  • November 04, 2026

    Cisco Urges Justices To Reject $2.6B Centripetal Patent Case

    Cisco Systems says the U.S. Supreme Court shouldn't reinstate Centripetal Networks LLC's $2.6 billion patent infringement case, saying a lower court was correct to grant Cisco a win because Centripetal had adequate time to respond to Cisco's interpretation of the asserted patent.

  • November 04, 2026

    Full Fed. Circ. Won't Look At Inventor's Location Patents

    The full Federal Circuit on Wednesday declined to review a decision turning down an inventor's attempt to revive her computer-locating patents that were invalidated by the Patent Trial and Appeal Board after being challenged by Google and Microsoft.

  • November 04, 2026

    Tribunal Largely Backs HMRC Ax Of Port Co.'s £57M Tax Break

    The First-tier Tribunal erred in deciding that HM Revenue & Customs could not deny Liverpool's port operator tax allowances on £57.1 million ($76.9 million) spent building part of a deep-water container terminal, the Upper Tribunal found Wednesday.

  • November 04, 2026

    UK Biz Wins Fresh Look At Collagen Product's VAT Status

    A court must look again at whether a U.K. company's liquid collagen product is a drink for human consumption, and therefore a zero-rated food for value-added tax purposes, in light of an appeals court's ruling in a separate case, a London tribunal said in a decision published Wednesday.

  • November 04, 2026

    Brands Urge 5th Circ. Not To Revive X's Ad Boycott Suit

    Mars, CVS, Nestlé and other brands have told the Fifth Circuit a lower court was right to toss X Corp.'s advertising boycott case, arguing the social media platform sued only because it lost customers to competitors after being acquired by Elon Musk.

  • November 04, 2026

    4 Argument Sessions For Benefits Attys To Watch In Nov.

    JPMorgan Chase & Co. will defend its win in a 401(k) forfeiture suit at the Ninth Circuit, Aetna will ask the Second Circuit to push a multiemployer health plan's suit into arbitration, and the Tenth Circuit hears from pharmacy benefit managers who want an opioid nuisance battle moved to federal court. Here, Law360 looks at four arguments that benefits attorneys may want to keep an eye on in November.

  • November 04, 2026

    6th Circ. Backs UAW, Ford Win In Discrimination Suit

    The Sixth Circuit on Wednesday refused to revive a former Ford employee's lawsuit claiming that the United Auto Workers failed to properly represent him after he was wrongfully terminated, ruling that the claims he lodged against the company and the union are time barred.

  • November 04, 2026

    1st Circ. Sees Mass. Promise To Robinhood As 'Cold Comfort'

    First Circuit judges on Wednesday appeared sympathetic to Robinhood's bid to have a federal court determine if Massachusetts can regulate prediction markets, with two judges calling the state's temporary promise not to sue the fintech platform "cold comfort." 

Expert Analysis

  • What Colo. High Court Will Weigh In Insurer Disclosure Case

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    In Bohanan v. Esurance, the Colorado Supreme Court will decide whether an insurance policy must be produced to a claimant notwithstanding the insurer's coverage position, and the court's interpretation of what "may be relevant to the claim," in the statute, will be paramount, say attorneys at Burg Simpson.

  • 6th Circ. Spotlights Cannabis Contract Enforceability Risks

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    The Sixth Circuit's recent reversal of a $31.8 million jury verdict against a subsidiary of cannabis giant Curaleaf highlights that state licenses do not necessarily provide the legal foundation needed to enforce contracts in federal court, which is a pattern that appears across many sectors, say attorneys at ArentFox Schiff.

  • Preventing HOA Bias After Wash. Ruling Highlights Risk

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    Because homeowners nationwide can now draw on precedent from a recent Washington state appellate decision holding that state antidiscrimination law forbids homeowners associations from biased enforcement of their rules, common-interest communities should immediately work to mitigate their expanded exposure to postsale fair housing liability, says Brett Sullivan at Fennemore.

  • 2nd Circ. Eases Employer Defense Of Dress Code Rules

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    The Second Circuit recently sided with Starbucks in a ruling that makes it easier for companies to defend dress code policies against unfair labor practice challenges, but employers shouldn't read it as a license to ban union insignia, say attorneys at Shipman & Goodwin.

  • 5 Prediction Market Queries For Every League, Athletic Dept.

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    The NFL's recent amicus brief urging the U.S. Supreme Court to resolve a circuit split over regulating prediction markets and operators like Kalshi raises important, enterprisewide governance questions for leagues, teams and athletic departments, and highlights that regulatory oversight and institutional integrity are related but distinct, say attorneys at Robins Kaplan.

  • Tips For Employers As Calif. Court Limits Harassment Liability

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    Doe v. Wells Fargo appears to be the first published California appellate decision to determine that the harasser must have supervisory authority over the plaintiff to trigger strict liability, underscoring the value of accurately documenting job roles and reporting lines, says Ellen Connelly Cohen at Call & Jensen.

  • What CMS Audit Rule Means For Medicare Advantage Plans

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    Despite ongoing legal challenges, the Centers for Medicare & Medicaid Services is moving forward with implementation of its risk adjustment data validation audits, raising statistical concerns around overpayments indicated by variance in unbalanced samples, say Stephen Fink, Brad Rice and Igor Karagodsky at Analysis Group.

  • SEC's Insider Trading Duty Rule May Face Loper Bright Test

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    In U.S. v. Jennings, pending in New Jersey federal court, the defense has an opportunity to challenge the rule defining the boundaries of the misappropriation theory of insider trading under Loper Bright, as the only litigated case testing the rule's limits relied on Chevron deference, say attorneys at O'Melveny.

  • What's At Stake As Justices Rethink Sentencing Commentary

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    Tuesday’s oral arguments before the U.S. Supreme Court in Beaird v. U.S. highlighted the tension between preserving sentencing consistency and limiting the authority of sentencing guidelines commentary, and a decision favoring the latter could significantly reduce sentencing exposure for white collar defendants, say attorneys at Baker Donelson.

  • Bankruptcy Deadlines, Concessions Can Decide Lien Priority

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    The Fifth Circuit's recent decision in Adler v. Energy Debt Holdings warns buyers of secured claims to watch for binding concessions in earlier proceedings and court-imposed lien challenge deadlines, says Jennifer Maleski at Dilworth Paxson.

  • What Lawyers Should Know Before Accepting Crypto Payment

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    As clients increasingly request to pay legal fees, retainers and escrow funds using cryptocurrency, lawyers should consider how only a handful of state bar authorities have addressed the issue with varying ethics opinions, as well as the related questions that no authority has yet answered, says attorney Felix Shipkevich.

  • Battles Over Murky Mineral Rights Stymie Pa. Energy Projects

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    Legal wrangling over a recently passed Pennsylvania law could affect billions of dollars of mineral royalty payments, the status of subsurface property rights in the state and the ability of the Legislature to pass retroactive legislation that affects those rights, say attorneys at Flaster Greenberg.

  • Mo. Official's Indictment Tests Limits Of Federal Bribery Laws

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    The recent bribery charges filed against a Missouri county executive raise questions about whether field-clearing conversations and job offers between rival candidates can rise to the level of illegal quid pro quos, potentially muddying the line between politics as usual and the federal bribery statutes, say attorneys at ArentFox Schiff.

  • Fighting Class Cert. In Wash. False Email Promo Cases

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    Retailers facing a recent wave of class actions alleging their email promotions violated the Washington Commercial Electronic Mail Act may be able to demonstrate that sending individualized, customer-specific messages produced experiences too diverse to be adjudicated on a classwide basis, say attorneys at Benesch.

  • Calif. Decision Shows Limits Of Self-Serving Testimony

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    A California appellate court's recent opinion in a dispute between two home renovation partners is a reminder that where there are admissions or undisputed documentary evidence, litigants need more than self-serving testimony to overcome summary judgment, says Tyler Palmer at Tucker Ellis.

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