Appellate

  • September 18, 2026

    Texas Oil Exec Asks 5th Circ. To Ax 'Lopsided' $210M Verdict

    Exxon-acquired company InterOil's founder has urged the Fifth Circuit to reverse his $210 million loss in a lengthy Texas battle with a Swiss financier, arguing it resulted from a "lopsided" trial with sleeping and distracted jurors and a "cascading series of prejudicial errors" that wrongly allowed his ex-lawyer to testify.

  • September 18, 2026

    9th Circ. Decertifies Class Of Ore. Transgender Prisoners

    The Ninth Circuit has reversed class certification for a group of transgender incarcerated people, finding that they had not shown that the Oregon Department of Corrections has systemically targeted trans women by housing them in male-only facilities.

  • September 18, 2026

    9th Circ. Asks Wash. Justices About Indirect Employer Claims

    A Ninth Circuit panel has asked the Washington State Supreme Court to clarify whether the state's law permits common law wrongful firing claims against indirect employers and certain individuals, saying the answers are key to assessing a former solar company CFO's claim he was unjustly ousted by a private equity backer.

  • September 18, 2026

    DC Circ. Affirms Navy Admiral's Convictions, Cites Atty Error

    A D.C. Circuit panel on Friday affirmed the convictions of a retired U.S. Navy admiral based on evidence he helped a company secure a contract in exchange for a post-retirement job, despite a potentially prejudicial error in the jury instructions. 

  • September 18, 2026

    Justices Told Inventorship Decision Will Have 'Absurd Result'

    A fencing company wants the U.S. Supreme Court to take up its challenge to a Federal Circuit finding that the omission of a co-inventor on its patents covering an outdoor railing product rendered them invalid in an infringement suit against a rival.

  • September 18, 2026

    Asbestos Claimants Ask Justices To Take On 'Texas Two-Step'

    Claimants alleging they developed mesothelioma after working with asbestos-infused products made by CertainTeed have urged the U.S. Supreme Court to decide whether financially healthy corporations can use a "Texas two-step" bankruptcy filing to spin off their tort liabilities, asking the justices to review a Fourth Circuit ruling against them.

  • September 18, 2026

    4th Circ. Punts Decision On Forcing FCC Political Ad Ruling

    The Fourth Circuit deferred action Friday on a request from Democrats to force a Federal Communications Commission ruling on whether broadcasters have to charge the lowest broadcast ad rates for political committees tied to candidates.

  • September 18, 2026

    CIA Officers Urge 4th Circ. To Reject DEI Firings Rehearing

    Career intelligence officers fighting their terminations following the Trump administration's anti-DEI executive orders told the Fourth Circuit Thursday that there's no point in granting an en banc rehearing of a panel's order allowing them to internally appeal the firings, arguing the panel's ruling has limited application beyond their own case.

  • September 18, 2026

    Nike Drops Fitness Mirror Patent Case Against Lululemon

    Nike has agreed to drop its suit alleging Lululemon's smart fitness mirror infringed six patents, a move that follows Patent Trial and Appeal Board rulings that invalidated claims across the patents.

  • September 18, 2026

    US Asks Fed. Circ. To Reverse COVID-Era Tax Deadline Ruling

    The government asked the Federal Circuit to overturn a U.S. Court of Federal Claims decision allowing a taxpayer to recover penalties and interest he sought refunds for during the COVID-19 pandemic, saying the claims court wrongly interpreted a statutory 60-day extension as having lasted over three and a half years.

  • September 18, 2026

    Fla. Panel Upholds $1.19M Auto Crash Verdict Against Insurer

    A Florida state appellate court on Friday issued a split opinion upholding a $1.19 million noneconomic damages verdict for a woman injured by an uninsured motorist, but reversed a $230,000 award for future medical expenses after finding most of that amount was based on speculation. 

  • September 18, 2026

    Transpo Tracker: Amazon Crash Suits, Md. Bridge Claims Trimmed

    In our latest Law360 Transportation Tracker, a deadly runway crash of an Amazon cargo plane has sparked a series of negligence and wrongful death lawsuits, while California scored two injunctions blocking the Trump administration's efforts to wipe out the state's Clean Air Act waivers. 

  • September 18, 2026

    Conn. Town Beats Firefighter's Appeal In Pot-Use Firing Suit

    A Connecticut appellate panel declined Friday to reverse a firefighter's loss in a lawsuit he brought against the town of Waterbury after he was fired for using medical marijuana, holding that his challenge to a state court's posttrial dismissal was inadequately briefed.

  • September 18, 2026

    Fed. Circ. Clears Commerce's Argentine Oil Pipe Levies

    The U.S. Department of Commerce didn't double count certain oil and gas pipe produced in the U.S. in order to substantiate a petition for an antidumping investigation into such goods from Argentina that eventually resulted in a duty order, a Federal Circuit panel affirmed Friday.

  • September 18, 2026

    9th Circ. Says Missed Removal Notice Violated Due Process

    A split Ninth Circuit ruled Friday that the government violated a Mexican native's due process rights when it ordered his deportation for missing an immigration hearing, saying it was wrong to rely on a residential address relatives provided on a bond form.

  • September 18, 2026

    11th Circ. Won't Revive Bias Suit Against Lockheed Martin

    The Eleventh Circuit on Friday refused to revive a former employee's discrimination suit against Lockheed Martin, saying a lower court rightly tossed the case after the worker failed to comply with discovery obligations and multiple court orders.

  • September 18, 2026

    Mass. Court Upholds Troopers' Firings Under Vax Order

    Massachusetts' intermediate appellate court on Friday affirmed the firings of 13 state police troopers who failed to get COVID-19 vaccinations in 2021, finding that disciplinary decisions were not subject to an arbitration clause in their union contract.

  • September 18, 2026

    3rd Circ. Refuses To Pause Daniel's Law Cases Amid Appeal

    The Third Circuit on Friday refused to pause discovery in consolidated litigation accusing data brokers of violating New Jersey's judicial privacy statute, known as Daniel's Law, while it considers a First Amendment challenge to the statute.

  • September 18, 2026

    Ex-Wis. Judge Keeps License Amid ICE Conviction Appeal

    The ex-Wisconsin judge convicted of obstructing an ICE arrest will remain an attorney in good standing while she appeals, after the Supreme Court of Wisconsin declined to suspend her law license.

  • September 18, 2026

    4th Circ. Weighs DEA Power To Classify HHC Schedule I

    A Fourth Circuit panel Friday appeared skeptical of the rationale the U.S. Drug Enforcement Administration used to justify designating hexahydrocannabinol, or HHC, a psychoactive compound synthesized from hemp extracts, as a Schedule I substance.

  • September 18, 2026

    Immigration Board Overturns 2000 Inadmissibility Precedent

    An immigration appeals board has affirmed a deportation order for a Nicaraguan national convicted of using an unauthorized access device and identity theft, and held any noncitizen with an aggravated felony conviction is inadmissible to the U.S. as someone ineligible for citizenship, overturning a 26-year-old precedent.

  • September 18, 2026

    6th Circ. Undoes Ky. State Court Remand Of PBM Fight

    The Sixth Circuit on Friday ruled that Kentucky's lawsuit accusing pharmacy benefit managers of conspiring with drug manufacturers to increase the prescription opioid supply belongs in federal court, given the appellate court's precedential ruling from January reversing remand of another state's dispute against PBMs.

  • September 18, 2026

    Ga. High Court Stays Out Of Uber CEO Deposition Battle

    The Georgia Supreme Court rejected Uber's bid for review of trial court order refusing to block the deposition of the ride-hailing giant's CEO in a personal injury case, though several justices signed on to a concurrence that called the lower court's ruling "seriously flawed."

  • September 18, 2026

    Ala. Executes Prisoner Who Challenged State's Methods

    Jeffery Lee, a 49-year-old Alabama prisoner on death row who had elected to be executed via nitrogen gas — a method a federal judge found earlier this year would violate his constitutional rights — was executed by lethal injection Thursday evening, after the U.S. Supreme Court denied his bid for an emergency stay.

  • September 18, 2026

    Mass. High Court Again Upholds Housing Density Law

    A controversial law that requires towns served by the Boston metro area's public transit system to allow greater housing density survived another legal challenge Friday, as Massachusetts' highest court affirmed the measure does not conflict with the state constitution.

Expert Analysis

  • Series

    Ballet Makes Me A Better Lawyer

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    A lifetime of learning and performing ballet taught me that success — whether in dance or practicing law — comes only through hours of thorough preparation, boundless energy and relentless effort, says Sharon Katz-Pearlman at Greenberg Traurig.

  • Rejection Of NLRB Successor Bar Renews An Employer Tool

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    Although the D.C. Circuit's recent ruling in Hospital Menonita v. National Labor Relations Board does not allow purchasers to disregard incumbent unions, employers acquiring a unionized business have regained a tool to challenge a union's majority support, say attorneys at Bass Berry.

  • NY Ethics Opinion Warns Attys On Qui Tam Deception

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    A recent New York State Bar Association ethics opinion cautions that counsel representing whistleblowers may not induce, supervise or facilitate a client's deceptive prefiling investigations, creating a potential vulnerability for qui tam complaints built on questionable evidence-gathering methods, say attorneys at Sidley.

  • Pa. Anti-SLAPP Ruling Shows Risks Of Atty Defamation Suits

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    A Pennsylvania federal court’s recent Lento Law Group v. Estrada ruling addressed an unsettled question about mandatory fee-shifting provisions in the state’s anti-SLAPP law — and illustrates why attorneys should think twice before suing former clients over negative online reviews, say attorneys at Pietragallo Gordon.

  • 9th Circ. 'Bad Spaniels' Ruling Rewrites TM Dilution Playbook

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    The Ninth Circuit’s recent ruling that each element of the Jack Daniel's packaging parodied by the Bad Spaniels dog toy must be independently assessed for fame narrows trademark owners' ability to use a flagship mark's halo effect to protect the entire brand from tarnishment, say attorneys at Reed Smith.

  • Fed. Circ. In July: Meeting The Enablement Requirement

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    The Federal Circuit's decision in Wyeth v. AstraZeneca last month exemplifies when a generalized conception of an invention is insufficient to enable the full scope of asserted patent infringement claims, and may lead to more enablement challenges, say attorneys at Knobbe Martens.

  • Calif. Ruling Opens Del. Cos. Up To Stockholder Inspection

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    A California appellate court's recent decision in Salamon v. Orchid Global underscores that despite last year's amendments to the Delaware General Corporation Law, Delaware companies with principal operations in California remain subject to California's broader and more stockholder-protective inspection regime, say attorneys at Sheppard.

  • What 9th Circ. Devas Ruling Means For AI Infrastructure Deals

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    The Ninth Circuit's recent confirmation of a $2 billion arbitration award in Devas Multimedia's arbitration against a state-owned commercial arm of India’s space agency creates a cross-border enforcement road map for disputes that are bound to arise from the current generation of artificial intelligence infrastructure deals, says Fernanda Merouco at Davis Wright.

  • 9th Circ. Wage Ruling Shows Arbitration Pacts Are Still Useful

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    After years of uncertainty for California employers, the Ninth Circuit’s recent Cocom v. ABM Aviation decision signals that workplace arbitration agreements remain a powerful and enforceable tool — if thoughtfully drafted and employment-focused, says Benjamin Runge at Thompson Coburn.

  • Series

    Taekwondo Makes Me A Better Lawyer

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    Taekwondo has taught me to recognize when to fight for a position and when to focus on finding a solution, and that the best outcomes are often achieved by solving problems — all of which has improved my work as a bankruptcy lawyer, mediator and Subchapter V trustee, says Amy Denton Mayer at Berger Singerman.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses seven recent rulings from cases involving Class Action Fairness Act jurisdiction, appellate jurisdiction, attorney fees and employment rights.

  • 3rd Circ. Hotel Ruling Flags Key Issues In Dynamic Pricing

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    The Third Circuit's recent decision in Cornish-Adebiyi v. Caesars Entertainment relies on allegations that competitors used nonpublic data to set real-time rates considered exorbitant, highlighting both the potential risks and substantial benefits of utilizing emerging technologies, say attorneys at Baker McKenzie.

  • 4th Circ. Class Cert. Ruling Offers Tips For Damages Experts

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    The Fourth Circuit's recent decision reversing class certification in litigation against Boeing raises the cost of a bare-bones damages model proposal for plaintiffs, but it also clarifies what a defensible proposal should contain, say Alok Khare and Erica Rose at FTI Consulting.

  • Opinion

    'Plain Meaning' Requires Plainer Meaning In IP Litigation

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    The Federal Circuit's recent decision in Socket Solutions v. Import Global highlights the frequent ambiguity surrounding courts' references to "plain meaning" in patent claim construction — an ambiguity that should be resolved by courts, not litigants, say attorneys at Klarquist Sparkman.

  • What To Know As Legal Duty To Consider AI Takes Shape

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    While the U.K. Jurisdiction Taskforce’s recent statement on liability for artificial intelligence harms is nonbinding for both U.K. and U.S. lawyers, it highlights the importance of being able to distinguish between the availability of a tool and a professional obligation to use it, say Jonny Frank and Michael Costa at StoneTurn.

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