Appellate

  • November 02, 2026

    Mich. Justices To Hear Challenge To Juror Strike Rule

    The Michigan Supreme Court has agreed to review a challenge to a state criminal court rule used to strike jurors previously charged with crimes, a policy which a defendant accused of murder has argued functions as a loophole letting prosecutors exclude from the jury Black people, who are disproportionately arrested.

  • November 02, 2026

    ATM Operators To Ask DC Circ To Revive Visa, Mastercard Suit

    ATM operators gave notice that they'll ask the D.C. Circuit to revive their long-running certified class action accusing Visa and Mastercard of an anticompetitive agreement forcing them into higher network fees.

  • November 02, 2026

    Russian Billionaire Takes Yacht Forfeiture Suit To High Court

    Russian billionaire Eduard Yurievich Khudainatov urged the U.S. Supreme Court to review the federal government's seizure and sale of a $300 million superyacht, arguing that he should have been able to contest the forfeiture as the yacht's titleholder.

  • November 02, 2026

    NY Judge Admonished For Using Title To Fight Garbage Fines

    The New York State Commission on Judicial Conduct has disciplined a Brooklyn judge for "repeatedly invoking her judicial position" while contesting New York City sanitation citations for litter in front of her home.

  • November 02, 2026

    Justices Probe Late Defense In Ex-Aide's Pregnancy Bias Suit

    The U.S. Supreme Court on Monday closely scrutinized the procedures governing late-raised legal defenses amid a former political aide's fight to reinstate her pregnancy discrimination lawsuit, with some justices hinting that the case should be sent back down for review under a different federal rule set.

  • November 02, 2026

    Ill. Panel Says Accused Sex Abuser Can't Be Held Pretrial

    An Illinois state appeals court has ruled that a former state police forensic scientist accused of sexual abuse of a minor cannot be held in jail awaiting his trial because prosecutors could not prove he poses an ongoing safety risk.

  • November 02, 2026

    Split Full 9th Circ. Backs Block On ICE Voter Fraud Probe

    A Ninth Circuit majority kept in place Friday a panel's recent ruling refusing to pause an injunction blocking U.S. Immigration and Customs Enforcement agents from carrying out a "surge initiative" to question individuals in nine states about their voter status, while seven judges criticized the panel's opinion in dissent.

  • November 02, 2026

    Carroll Asks High Court To Skip Trump Defamation Appeal

    Writer E. Jean Carroll has asked the U.S. Supreme Court not to hear President Donald Trump's appeal of an $83.3 million jury verdict finding that he defamed her after she accused him of sexual assault, saying Trump waived his presidential immunity argument.

  • November 02, 2026

    Splenda Maker Says Cancer Claims Weren't Protected Speech

    Splenda maker TC Heartland LLC urged the Fourth Circuit to revive its defamation suit against a scientist over her public warnings about the sweetener, arguing that the First Amendment does not shield statements that misrepresent research or rely on concealed test results.

  • November 02, 2026

    Groups Urge Justices To Take Up Capital Group ERISA Fight

    Several employee benefits trade groups urged the U.S. Supreme Court Monday to review a Ninth Circuit ruling that refused to force arbitration of a retirement plan dispute against an investment management company, arguing the case could resolve a circuit split on the scope of relief under federal benefits law.

  • November 02, 2026

    IP To PI: Mass. Trade Secrets Attys Rethink Injunction Strategy

    A recent decision by Massachusetts' top appellate court that makes it tougher to secure preliminary injunctions in trade secrets cases will likely force Bay State attorneys to turn to strategies from other areas of intellectual property law to clear the heightened bar.

  • November 02, 2026

    DC Circ. Questions Lack Of Carbon Plan For Gas Terminal

    Judges on the D.C. Circuit on Monday pressed attorneys for the Federal Energy Regulatory Commission and the company behind a natural gas export terminal and pipeline in South Texas on why they walked away from a connected proposal for carbon sequestration near the project without explanation.

  • November 02, 2026

    Ga. Atty Wins Bid To Revive Fee-Split Suit Against Firm

    The Georgia Court of Appeals has revived an attorney's suit over compensation, finding that factual disputes should have prevented the trial court from granting summary judgment to Casino Law Group LLC.

  • November 02, 2026

    5th Circ. Skeptical Chinese Citizens Have Right To Texas Land

    A Fifth Circuit panel wants to know if Chinese citizens who wish to purchase property in Texas are arguing that everyone in the world has a constitutional right to do so, asking Monday if people globally "have the right to be treated as U.S. citizens for purposes of purchasing property in Texas."

  • November 02, 2026

    Mass. Justices Open To Sealing Insanity-Based Acquittals

    Massachusetts' highest court on Monday appeared skeptical of some of the reasons for excluding verdicts of not guilty by reason of insanity from a law that seals criminal records of the acquitted.

  • November 02, 2026

    'Our Bad': Feds' First Step Act Argument Surprises Justices

    Some U.S. Supreme Court justices considering a First Step Act case Monday appeared caught off guard by a government lawyer's argument that the defendant's impending release from prison renders the appeal moot.

  • November 02, 2026

    Fed. Circ. Probes Mattress Data In Indonesia Duty Dispute

    The U.S. Department of Commerce should be required to explain why it inconsistently approached data that contains impossibilities from an Indonesian exporter of mattresses during an antidumping duty investigation, counsel for domestic mattress importers and manufacturers told the Federal Circuit on Monday during oral arguments.

  • November 02, 2026

    High Court Rejects Trump's Bid To Set Aside 20K Calif. Ballots

    The U.S. Supreme Court on Monday quickly denied the Trump administration's request to set aside 20,000 California mail-in ballots that the federal government claims were sent to noncitizens.

  • November 02, 2026

    10th Circ. Backs Fee Award In Trade Secret Fight

    The Tenth Circuit has affirmed a Colorado federal court's finding that it lacked jurisdiction over an Illinois couple and their company, which were accused of conspiring to steal trade secrets and give them to a Chinese manufacturer of knockoff products, agreeing they should be granted $183,000 in attorney fees.

  • November 02, 2026

    Quinn Emanuel Lands Former NY State Appellate Judge

    Quinn Emanuel Urquhart & Sullivan LLP announced Monday that it has added a former associate justice of the New York State Supreme Court's Appellate Division to strengthen its ability to handle commercial litigation and appellate matters.

  • November 02, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week allowed a stockholder claim over R1 RCM Inc.'s $8.9 billion buyout to proceed, while investors in Meta Platforms Inc. sued to block a stock restructuring they say would let CEO Mark Zuckerberg sell billions of dollars in shares without giving up control of the company.

  • November 02, 2026

    Full 5th Circ. Won't Review Limited Partner Tax Ruling

    The Fifth Circuit denied a Texas business consulting company's request for the full court to review a panel's revised opinion narrowing a tax break for limited partners, saying no judges sought a rehearing.

  • November 02, 2026

    5th Circ. Keeps UPS Death Suit In Texas Federal Court

    The Fifth Circuit has reversed an order sending a woman's wrongful death claims against United Parcel Service Inc. back to Texas state court, finding the district judge should have allowed UPS to fix a procedural defect rather than remanding on their own accord.

  • October 30, 2026

    Law360 MVP Awards Go To Top Attorneys From 89 Firms

    The lawyers chosen as Law360's 2026 MVPs stand out from their peers by notching significant achievements in high-stakes litigation, complex global matters and record-setting transactions.

  • October 30, 2026

    EssilorLuxottica Keeps Eyewear Antitrust Win At 2nd Circ.

    The Second Circuit on Friday declined to revive a proposed class action in consolidated litigation accusing French-Italian firm EssilorLuxottica SA of monopolizing the U.S. consumer eyewear market, agreeing with the trial court that the indirect purchasers have not plausibly alleged a "premium eyewear market."

Expert Analysis

  • 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.

  • Where The 3 Prediction Market Appellate Rulings Diverge

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    Although the recent Third, Sixth and Ninth Circuit opinions concerning prediction markets overlap on some issues, they differ on key statutory questions, deepening a circuit split over both the classification of sports event contracts and the scope of federal preemption, says Levi Giovanetto at Sheppard.

  • Health Plan Takeaways After 2nd Circ. No Surprises Act Ruling

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    While the Second Circuit's recent ruling in East Coast Advanced Plastic Surgery v. Cigna gives health plans breathing room in finding that healthcare providers cannot enforce out-of-network billing dispute resolution awards in court, sponsors should not assume that declining to pay awards will go unaddressed by regulators, say attorneys at Thompson Hine.

  • 8th Circ. Ruling Limits Receiver Insurance Recovery Rights

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    The Eighth Circuit's recent ruling in King v. Texas Insurance illustrates a practical limit on receivership powers: A receiver may marshal insurance proceeds belonging to the estate but cannot expand the insured's contractual rights or make policy proceeds collectible unless the coverage triggers are satisfied, say attorneys at Kutak Rock.

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