Appellate

  • June 25, 2026

    9th Circ. Backs Removals For Child Endangerment

    A federal statute allowing noncitizens to be deported over convictions for a crime of child abuse, child neglect or child abandonment can encompass endangerment situations where a child was put in danger but not hurt, a Ninth Circuit panel ruled Thursday.

  • June 25, 2026

    CFTC, Prediction Market Trade Group Back Kalshi At 6th Circ.

    The U.S. Commodity Futures Trading Commission and a prediction market trade group are pressing the Sixth Circuit to affirm sole federal oversight of event contracts in separate briefs that argued state gambling laws are a poor fit to regulate trading on real-world events.

  • June 25, 2026

    Texas Faces Tough Questions In Tylenol Autism Appeal

    A Texas appellate court seemed skeptical Thursday of an argument that the parent entities of the company that sells Tylenol should have to defend claims that the pain reliever causes autism, suggesting that the companies don't have enough ties to Texas.

  • June 25, 2026

    Trucking Co. Can't Nix $2.8M Crash Judgment, 5th Circ. Says

    A trucking company accused of triggering a pileup on Interstate 20 in Mississippi cannot evade a $2.8 million default judgment, the Fifth Circuit ruled in a published opinion, saying "equity and justice do not compel giving" the company "a do-over now."

  • June 25, 2026

    Wash. Justices Back Climate Act Farm Fuel Exemption Regs

    The Washington Supreme Court unanimously rejected the Washington Farm Bureau's challenge to regulations surrounding a farm fuel exemption in a landmark 2021 law establishing the state's cap-and-invest program, finding Thursday the rule aligns with lawmakers' ultimate goal of curbing top greenhouse gas emitters.

  • June 25, 2026

    NJ Justices Say EMTs Immune In Brain Injury Suit

    The New Jersey Supreme Court on Thursday held that paramedics who treated a toddler's head injury, which led to a permanent brain injury, are entitled to immunity under a state statute governing emergency medical treatment, saying they acted in good faith and in accordance with the law's requirements.

  • June 25, 2026

    Feds Say Would-Be Kavanaugh Assassin Was Let Off Easy

    Both federal prosecutors and a Stephen Miller-founded public interest group believe that a Maryland federal judge let a woman accused of trying to kill U.S. Supreme Court Justice Brett Kavanaugh off too easy because of her gender identity and want the Fourth Circuit to order resentencing.

  • June 25, 2026

    Fired SpaceX Workers Can't Dodge Arbitration, 9th Circ. Told

    A SpaceX attorney Thursday urged the Ninth Circuit to revive its bid to arbitrate claims by eight former employees who say they were wrongfully terminated for complaining about CEO Elon Musk's sexually charged social media posts, saying they did not "adequately allege" sexual harassment.

  • June 25, 2026

    Calif. Justices Say Custody Credits Don't Pool Across Cases

    California's top court ruled Thursday that courts are not required to credit defendants for aggregate time served before sentencing in separate cases, reversing a state appellate court decision.

  • June 25, 2026

    Ohio Justices Reject Claims Of $115M Utility Overcharges

    The Ohio Supreme Court on Thursday rejected claims that consumers were overcharged by $115 million for electricity from aging coal-fired power plants in 2020, saying that utility regulators correctly determined that state law entitled the plants' owners to the payments.

  • June 25, 2026

    Colo. Panel Says Prehearing Objection Preserves Arb. Fight

    A Colorado Court of Appeals panel ruled Thursday that a party doesn't waive its right to object to arbitrability so long as the objection is raised prior to the arbitration hearing, even if the party participated in the arbitration proceedings for an extended period of time.

  • June 25, 2026

    AGs, Cable Orgs., Newsmax Back Nexstar Block At 9th Circ.

    A bipartisan coalition of state attorneys general have filed one of three amicus briefs urging the Ninth Circuit to fully preserve a preliminary injunction blocking Nexstar's purchase of Tegna, arguing the states challenging the deal have standing to sue and that only a broad block is appropriate.

  • June 25, 2026

    11th Circ. Judges Question Coke's View Of IRS As Arbitrary

    Judges for the Eleventh Circuit probed attorneys for Coca-Cola and the government Thursday about whether the IRS was arbitrary in abandoning its position in a closing agreement the beverage company had relied on for decades to calculate its transfer prices with related foreign suppliers.

  • June 25, 2026

    SCOTUSblog Founder Goldstein Blasts 'Inflated' DOJ Tax Math

    Convicted SCOTUSblog founder Tom Goldstein and federal prosecutors are clashing again over their dramatically divergent sentencing recommendations, with the defense accusing the government of presenting a "one-dimensional caricature" of the famed lawyer in seeking an eight-year sentence, and prosecutors accusing him of potentially deleting "secret chats" with his gambling backers.

  • June 25, 2026

    Ukrainian Firms Say Russia's Certiorari Bid Is Dead In Blasket

    Ukrainian power and gas companies looking to enforce some $242 million in arbitral awards against Russia are rebutting the country's argument that recent briefing from the Trump administration supports its certiorari petition, in which Moscow looks to challenge a D.C. Circuit decision rejecting its sovereign immunity defense.

  • June 25, 2026

    Goldman Sachs Seeking Review Of 4th Circ. Arbitration Denial

    Goldman Sachs wants the U.S. Supreme Court to take another look at a Fourth Circuit ruling shutting down the bank's attempt to arbitrate disputes over alleged automatic stay violations with a pair of debtors who had previously declared bankruptcy, pointing to an alleged circuit split.

  • June 25, 2026

    GOP Election Rules Appeal Sent To Ga. Supreme Court

    A Georgia appellate panel said Thursday that the state's justices, rather than the Georgia Court of Appeals, will need to consider whether two rules promulgated by the State Election Board violated the nondelegation doctrine of the state constitution.

  • June 25, 2026

    Clinic Manager Asks 4th Circ. To Upend 6-Year Fraud Sentence

    A clinic manager who paid patients in gift cards is challenging her six-year prison sentence, telling the Fourth Circuit on Thursday that a federal judge failed to consider other mitigating factors when sentencing her for healthcare fraud and failing to file a tax return.

  • June 25, 2026

    Netflix Urges Justices Not To Disturb 9th Circ. ERISA Docs Ruling

    Netflix urged the U.S. Supreme Court Thursday not to take up a petition from an employee health plan participant who alleged the company failed to provide him access to plan documents in violation of federal benefits law, arguing the Ninth Circuit's ruling in the case should remain in place.

  • June 25, 2026

    NJ Court Says Comptroller's Subpoena To Private Vendor Valid

    The Appellate Division of New Jersey Superior Court on Thursday said the state comptroller's office subpoena to a private company that provides services to charter schools is valid, holding that the watchdog agency can issue a subpoena to a vendor as part of an investigation.

  • June 25, 2026

    Fla. Panel Affirms Walmart Liability In Contractor Shock Injury

    A Florida appellate court affirmed a final judgment finding Walmart negligent for a service technician's shock-induced injury during the installation of an automatic door, ruling that an exception barred the retailer from asserting an independent contractor defense to avoid a duty owed to the worker.

  • June 25, 2026

    9th Circ. Says Farmworkers' Attys Deserve Higher Fee

    The Ninth Circuit has ordered a Washington federal court to increase an attorney fee award for farmworkers who successfully challenged the federal government's agricultural wage survey methodology, finding the lower court's explanation for slashing the award by 75% was insufficient.

  • June 25, 2026

    Conn. Justices Say Local Rent Board Can Enter Eviction Fight

    The Connecticut Supreme Court on Thursday allowed a municipal fair rent commission to get involved in a landlord-tenant eviction action in state court, finding the local body clearly has an interest in advocating for its statutory right to adjudicate complaints and enforce its own orders.

  • June 25, 2026

    11th Circ. Challenges Exclusion In Arson Death Dispute

    An Eleventh Circuit panel appeared skeptical of a property insurer's argument that an exclusion for a failure to maintain an apartment complex freed it from defending the owner in a wrongful death suit stemming from arson.

  • June 25, 2026

    5th Circ. Backs FDA's Block On Vape Marketing

    The Fifth Circuit affirmed the U.S. Food and Drug Administration's decision to block two vape companies from marketing their menthol-flavored e-cigarette products after finding the benefits to adult smokers didn't outweigh the risk to minors.

Expert Analysis

  • Federal Officer Removal After Justices' La. Pollution Ruling

    Author Photo

    In the wake of the U.S. Supreme Court's recent ruling in Chevron USA v. Plaquemines Parish, companies seeking to use federal officer removal to move litigation out of state court should ask three questions, focusing on government contract language, federally directed activity and related conduct, say attorneys at Hollingsworth.

  • Series

    Competing At Poker Makes Me A Better Lawyer

    Author Photo

    Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

  • Revisiting TransUnion's Underused Standing Rule, 5 Years On

    Author Photo

    The Ninth Circuit Court of Appeals' recent use of the U.S. Supreme Court’s now five-year-old TransUnion v. Ramirez rule specifying that the "mere risk of future harm" isn't concrete enough to support a damages claim presents an opportunity to revisit this underutilized standing rule, say attorneys at Horvitz & Levy.

  • 5 Things Associates Must Ask About Their Firm's Merger Plan

    Author Photo

    The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

  • Uncertainty Looms After Justices' Withdrawal Liability Ruling

    Author Photo

    The U.S. Supreme Court's recent holding in M&K Employee Solutions v. Trustees of the IAM National Pension Fund increases the unpredictability of withdrawal liability assessments, so employers should prepare for a range of assessments and be equipped to challenge unreasonable ones, say attorneys at Winston Taylor.

  • CFTC Trading Rule Can't Police Prediction Markets Yet

    Author Photo

    The Commodity Futures Trading Commission’s recent efforts to police insider trading in prediction markets through a post-Dodd-Frank anti-fraud rule exposes doctrinal gaps around misappropriation theory, leaving platforms to fill the void with win-rate-based surveillance, says attorney Tamara de Silva.

  • Columbia Software IP Ruling Tests Royalty Damages Model

    Author Photo

    The Federal Circuit's recent decision in Columbia University v. Gen Digital, vacating a damages verdict involving foreign software sales, provides guidance on ambiguities surrounding the worldwide royalty damages model established by the court's decision in Brumfield v. IBG two years ago, say attorneys at Munger Tolles.

  • Turning To The Courts When PBM Reform Falls Short

    Author Photo

    The effectiveness of state laws intended to regulate pharmacy benefit managers remains uncertain, but litigation — utilizing tried-and-true theories like breach of contract and fair dealing — offers another mechanism through which stakeholders may seek relief from PBMs, say attorneys at Reed Smith.

  • Opinion

    Immigration Appeals Rule Would Prevent Meaningful Review

    Author Photo

    Justice Stephen Breyer’s book “Making Our Democracy Work” offers a useful lens through which to consider what is at stake for the Executive Office for Immigration Review's legitimacy as the government asks the D.C. Circuit to revive an interim final rule that would have fast-tracked decisions by Board of Immigration Appeals, says Tara Kennedy at Kennedy Law.

  • 2 'Rocket Dockets' And The Rules That Propel Them

    Author Photo

    The fastest civil trial courts in the country are currently in the Eastern District of Virginia and the Southern District of Florida, and their chief judges provide insights into the court rules that keep them ahead, says Robert Tata at Hunton.

  • Retailer Risk Reduction Tips As Email Marketing Suits Surge

    Author Photo

    Amid a flood of email marketing lawsuits following last year's Washington Supreme Court ruling in Brown v. Old Navy, retailers seeking to avoid high litigation costs can take several steps to reduce risks by focusing on their email subject lines advertising sales, says Gonzalo Mon at Kelley Drye.

  • Why Nuclear Licensees Must Watch 2nd Circ.'s Holtec Review

    Author Photo

    In reviewing a New York federal court's preemption ruling concerning disposal of nuclear materials, the Second Circuit must confront the lower court's recognition of a purpose-based path to field preemption, which could be game-changing for nuclear material licensees, says Andrew Averbach at Womble Bond.

  • Calif. Ruling Lowers Bar For Health Data Breach Claims

    Author Photo

    The California Supreme Court's ruling in J.M. v. Illuminate Education offers protection for non-healthcare companies that maintain health-related data but also adopts a new and more plaintiff-favorable standard for breach of confidentiality that companies maintaining any health-related data should address, say attorneys at Cooley.

  • Florida Atty Fees Ruling Could End Expert Testimony Mandate

    Author Photo

    For over 60 years, Florida appellate courts have required an evidentiary hearing and expert testimony to support the reasonableness of an attorney fee award, but the Florida Sixth District Court of Appeal's recent Ruffenach v. Deutsche Bank National Trust ruling could make substantive changes to this requirement, say attorneys at RumbergerKirk.

  • Texas Ruling Leaves Key Oil Royalty Question Unresolved

    Author Photo

    The Texas Supreme Court's recent decision in Fasken Oil and Ranch v. Puig clarifies that royalty reservations containing “free of cost forever” language do not bar deduction of post-production costs — but it leaves open whether prices producers report to royalty owners should reflect what unaffiliated buyers would pay, says Robert Foss at Hinds Feat Advisors.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Appellate archive.