Appellate

  • 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

    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." 

  • 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

    Mass. Justices Doubt Nantucket's Rationale For PFML Denial

    Massachusetts' highest court appeared to push back Wednesday on assertions by Nantucket that it cannot implement the state's Paid Family and Medical Leave Act for employees of the island enclave, despite a town meeting vote, because some of its unions have not agreed to bargain over the cost.

  • November 04, 2026

    9th Circ. Won't Rehear Kalshi's Nevada Sports Betting Fight

    The Ninth Circuit on Wednesday rejected Kalshi's request to rehear its dispute with the state of Nevada, following a panel decision that cleared the way for the state's gaming regulators to pursue the prediction market platform over its sports event contracts.

  • November 04, 2026

    Lender Says Del. Court Wrongly Voided $20M Loan Liens

    A lender urged the Delaware Supreme Court on Wednesday to revive its claim to $20.4 million in security interests tied to loans to collapsed technology company Bitwise Industries, saying a contract protected it even if the company's executives lacked authority to pledge real estate as collateral.

  • November 04, 2026

    Full 11th Circ. Won't Reconsider Ga. Easement Value Cut

    The Eleventh Circuit denied three Georgia partners' requests for the full court to review a panel's split decision to slash the value of a conservation easement they donated from $18 million to $1 million, saying no judges sought a rehearing.

  • November 04, 2026

    States Ask DC Circ. To Revisit DOE Coal Plant Order Ruling

    A West Virginia-led coalition urged the full D.C. Circuit to revisit a panel ruling scrapping a U.S. Department of Energy order directing a retiring coal-fired power plant to remain open, arguing it improperly limited the department's powers "at a hard moment for the grid."

  • November 04, 2026

    5th Circ. Backs NLRB Bargaining Order For Hyatt Operator

    The Fifth Circuit has upheld a National Labor Relations Board decision ordering a Texas Hyatt hotel operator to bargain with a UNITE HERE local, ruling that the company failed to establish that the union interfered with the employees' free choice when they voted for representation.

  • November 03, 2026

    Incumbents Reelected In Michigan Supreme Court Race

    Michigan Supreme Court Justices Megan Cavanagh and Noah Hood appear to have won reelection Tuesday, preserving the six-justice Democratic majority on the high court.

  • November 03, 2026

    Dems To Win 1st Texas Supreme Court Seats In Over 30 Years

    Voters were on track early Wednesday to breaking a decadeslong streak for Republicans by electing Democrats to the Texas Supreme Court for the first time in more than 30 years, with all four Democratic challengers on their way to unseating the Republican incumbents.

Expert Analysis

  • 2nd Circ. EFAA Ruling Shifts Employer Litigation Strategy

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    In Diaz-Roa v. Hermes Law, the Second Circuit recently held that, under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, employers can't carve out nonharassment claims and send them to arbitration, which has implications for discovery, litigation costs and resolution strategy in EFAA-covered disputes, say attorneys at Krevolin Horst.

  • DC Circ. Ruling Clarifies Standards For Buy America Waivers

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    The D.C. Circuit's recent decision to uphold a Federal Railroad Administration Buy America waiver offers clarifying guidance about assessing domestic availability, distinguishing manufacturing capabilities from future production plans and creating a well-supported administrative record, says Todd Overman at Bass Berry.

  • 3rd Circ. Ruling Opens Door For Fraud-On-The-Market Rethink

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    The Third Circuit's recent decision in Ocugen, holding that a stable stock price after publication of restated financials does not prove immateriality, could be a vehicle for the U.S. Supreme Court to overturn the doctrine undergirding certification of securities class actions, says Jonathan Richman at Brown Rudnick.

  • 5 Issues To Watch As Fed. Circ. Hears Moderna Vax IP Case

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    Upcoming oral arguments before the Federal Circuit in Arbutus v. Moderna will test whether patent liability protections for government contractors extend to vaccines distributed to the public, and the resolution of certain questions, such as how to define “for the government,” may be key to the outcome, say attorneys at Honigman.

  • PFAS Ruling Extinguishes A Policyholder Path To Coverage

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    Following an Ohio federal court's recent ruling in Fire-Dex v. Admiral Insurance, policyholders whose PFAS exposure is concentrated in workplace products will see bids for coverage fail under the occupational-disease exclusion, giving insurers a defense well suited for the category of claims that has been most resistant to pollution exclusions, say attorneys at Benesch.

  • When Insurer Insolvency Won't Trigger Excess Coverage

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    With its recent decision in A.R. Wilfley v. National Union Fire Insurance, the Colorado Supreme Court joins a growing national consensus enforcing clear and unambiguous anti-drop-down policy language in umbrella and excess policies, says Michael Kotula at Rivkin Radler.

  • How DC Circ. Ruling Permits Playacting Bribery Defense

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    The D.C. Circuit’s recent U.S. v. Burke decision appears to create a circuit split on whether prosecutors must prove public officials’ intent in bribery cases, and opens a gap between what appears to be corrupt conduct and what the law can reach, says Liz Aloi at MoFo.

  • Series

    Being In The Peace Corps Made Me A Better Lawyer

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    When I served in the Peace Corps, the people of the West African village where I was stationed helped me acclimate to my new surroundings and enabled me to develop problem-solving, teamwork and empathy skills that have bolstered my legal practice far beyond the ability to offer technical advice, says Brian Bewley at McGuireWoods.

  • Remote Work Ruling Clarifies Calif. Law Limits, With Caveats

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    Although a California state appeals court's recent decision in Saberin v. Alation confirmed that California employment laws do not operate extraterritorially merely because a company is headquartered in the state, employers shouldn't construe this as authorization to relocate decision-makers to circumvent statutory obligations, says Hallie Aylesworth at Sheppard.

  • EPA Rollback Puts Power Plant GHG Rules In Flux

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    The U.S. Environmental Protection Agency's recent actions on power plant greenhouse gas emissions create immediate implications for power plant operators and long-term regulatory uncertainty, while raising questions about the relationship between federal and state approaches to climate-related litigation, say attorneys at Van Ness Feldman.

  • What $5.7B Apple Verdict Reveals About Patent Risk

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    A California federal jury's recent $5.7 billion damages verdict against Apple exemplifies the enormous financial exposure that can occur when patent-infringing features are incorporated into many units, though the outcome is ultimately dependent on the strength of the underlying infringement, validity and damages theories, says Michael Dorfman at Barclay Damon.

  • Dissecting Dodd's, Gensler's Prediction Market Amicus Briefs

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    Former Sen. Chris Dodd and former U.S. Commodity Futures Trading Commission Chairman Gary Gensler's recent amicus briefs in support of New Jersey's petition for U.S. Supreme Court review of Kalshi v. Flaherty draw on legislative history to counter the CFTC's claim of federal preemption over the prediction markets, says Trace Schmeltz at Steptoe.

  • 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.

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