Appellate

  • July 09, 2026

    Fed. Circ. Hunts For Definition Of Heat-Resistant Brick

    A Federal Circuit panel pressed attorneys Thursday on how to define specialized heat-resistant bricks when compared to a similar product while considering a claim that the U.S. Court of International Trade essentially nullified duty orders on bricks by reinterpreting a previous appellate court decision.

  • July 09, 2026

    10th Circ. Won't Revive Bias Claims Against Kansas Judge

    A Kansas court clerk was unable to revive her gender discrimination suit against a state court judge after the Tenth Circuit on Thursday affirmed the lower court's decision to grant Kansas summary judgment on the woman's claims.

  • July 09, 2026

    Colo. Panel Says EFAA Covers Bartender's Retaliation Claim

    A Denver strip club can't arbitrate a former bartender's claim that she was fired for lodging a lawsuit alleging a supervisor sent her unwanted messages, with a Colorado appeals court ruling Thursday that federal law barring arbitration of sexual harassment allegations applied to her entire case.

  • July 09, 2026

    Fla. Justices Shield State Atty Candidate's Speech In Bar Case

    The Florida Supreme Court on Thursday declined to punish a Georgia lawyer accused of disparaging an opponent while running for a state attorney position, saying a Florida Bar rule invoked against him is unconstitutional because it imposed "content-based" restrictions on his speech. 

  • July 09, 2026

    4th Circ. Rebuffs Tax Attys' Request To Rethink Convictions

    The Fourth Circuit will not rethink its decision last month affirming the convictions of two St. Louis attorneys accused of engineering a $22 million tax avoidance scheme.

  • July 09, 2026

    Ex-Wis. Judge Appeals Conviction In ICE Obstruction Case

    A former Wisconsin state judge convicted of obstructing immigration authorities trying to arrest a defendant after he appeared in her courtroom lodged an appeal before the Seventh Circuit on Thursday, after avoiding a prison sentence but being fined $5,000.

  • July 08, 2026

    2nd Circ. Says Salvadoran Prison Conditions Were Overlooked

    The Second Circuit on Wednesday said an immigration judge failed to consider the possible abuse a man fighting deportation could face in El Salvadoran prisons because of inhumane conditions and human rights abuses.

  • July 08, 2026

    Conn. Justices Grant New Murder Trial Over Bad Jury Warning

    The Connecticut Supreme Court on Wednesday ruled that a man convicted of shooting his friend in the head inside an abandoned warehouse deserves a new trial because a needed jury instruction wasn't given in his original trial.

  • July 08, 2026

    9th Circ. Revives Whirlpool Dishwasher Warranty Class Action

    The Ninth Circuit has revived a Washington retiree's lawsuit accusing Whirlpool Corp. and an insurer of deceptively marketing a service plan as providing repairs or replacements for her dishwasher when the fine print allowed them to instead buy the appliance at a depreciated price, leaving her without enough money to replace it.

  • July 08, 2026

    5th Circ. Bars Appeal In Child Sex Abuse Material Case

    A man who pled guilty to transporting child sex abuse material and was sentenced to 20 years in prison cannot challenge his sentence or a $17,500 restitution order, since he waived his right to appeal, the Fifth Circuit said Tuesday.

  • July 08, 2026

    US To Pay Anchorage $180M To End 12-Year Port Upgrade Suit

    The federal government will pay $180 million to the city of Anchorage, Alaska, to settle the municipality's more than decade-old lawsuit accusing the U.S. Maritime Administration of breaching contractual agreements related to a failed Port of Alaska expansion and upgrade project, the parties have announced.

  • July 08, 2026

    Top Personal Injury, Med Mal News: 2026 Midyear Report

    A landmark social media addiction verdict and a U.S. Supreme Court decision overruling state law claims against Monsanto over the labeling of alleged Roundup cancer risks are among Law360's top personal injury and medical malpractice cases from the first six months of 2026.

  • July 08, 2026

    Top 5 Immigration Court Rulings Of 2026: Midyear Report

    President Donald Trump's immigration agenda has largely prevailed in federal courts so far this year, with one glaring exception: when the U.S. Supreme Court struck down his birthright citizenship executive order as unconstitutional. Here, Law360 examines five of the year's most significant decisions in immigration litigation so far.

  • July 08, 2026

    3rd Circ. Wonders If Pipeline Approval Passed CWA Muster

    The Third Circuit on Wednesday pressed New Jersey's environmental regulator to show that the revived Northeast Supply Enhancement pipeline plan complied with the Clean Water Act, considering it lacked details about how state water quality standards would be monitored.

  • July 08, 2026

    Split 3rd Circ. Revives UPMC Doc's Suit Over Anti-DEI Article

    The Third Circuit partly revived a University of Pittsburgh Medical Center cardiologist's lawsuit over the professional backlash he faced for publishing an article criticizing race-based "affirmative action" in choosing medical students, with the court majority calling his bosses' reaction a defamatory "hit job."

  • July 08, 2026

    9th Circ. Says Netflix Harassment Suit Belongs In Arbitration

    A former Netflix employee must arbitrate her lawsuit alleging the streaming giant fired her for raising concerns about its sexually charged office environment, with the Ninth Circuit ruling Wednesday that her dispute began before a law banning mandatory arbitration of sexual harassment claims took effect.

  • July 08, 2026

    Sam Smith Says Song IP Suit Fails Without Proof Of Access

    Pop singers Sam Smith and Normani and their record labels are seeking a favorable ruling in a suit claiming the 2019 song "Dancing With a Stranger" was copied from an older song with a similar name, saying that song's authors were unable to show how the defendants accessed it.

  • July 08, 2026

    Trump's $5M Loss Ordered To Be Paid Out To E. Jean Carroll

    It's time for President Donald Trump to pay a $5 million jury verdict finding he sexually abused writer E. Jean Carroll in a department store dressing room, a New York federal judge ruled on Wednesday, after the U.S. Supreme Court refused to take up the case.

  • July 08, 2026

    Mich. Justices Void LSD User's Rape Confession, Order Retrial

    The Michigan Supreme Court has granted a new trial to a man convicted of sexually assaulting his friend while on LSD, saying jurors should not have heard testimony that the defendant confessed while he was still confused and intoxicated.

  • July 08, 2026

    Authors Must Wait To Appeal Meta AI Order In 'Tidy Package'

    Authors suing Meta Platforms Inc. will have to wait to appeal a judge's order that the tech giant's use of their works to train its Llama large language model was fair use, as the judge decided Wednesday to wait until the issue can be presented along with other cases in a "tidy package."

  • July 08, 2026

    Energy Litigation To Watch In The 2nd Half Of 2026

    The energy litigation landscape for the rest of 2026 features high-profile lawsuits over climate change, including a potential moment of truth for climate tort litigation, as well as challenges to Trump administration efforts to boost fossil fuel development. Here are several energy-related lawsuits on attorneys' radar for the second half of the year.

  • July 08, 2026

    Immigration Board Rejects Asylum Tied To Conscription

    The Board of Immigration Appeals said a fear of conscription alone was not enough to establish that a Russian man was a refugee facing persecution in his home country, overturning an immigration judge's decision that granted him asylum.

  • July 08, 2026

    11th Circ. Says Classic Car Coverage Limitations Are Valid

    A specialty auto policy limiting uninsured motorist coverage to accidents that occur in a covered classic car is enforceable under Alabama law because it operates in tandem with a standard auto policy that satisfies statutory coverage requirements, the Eleventh Circuit ruled on Wednesday.

  • July 08, 2026

    1st Circ. Backs Gov't Probe Of Sex Offender's File Sharing

    The First Circuit said a Massachusetts man convicted of possessing child sexual abuse material did not have a reasonable expectation of privacy in his activity on an anonymous peer-to-peer file-sharing network, affirming a district court's ruling.

  • July 08, 2026

    5th Circ. Says Green Groups Lack Standing In LNG Fight

    A new Fifth Circuit ruling declining to review a case brought by environmental groups for lack of standing has paved the way for a deepwater liquefied natural gas project, the U.S. Department of Justice said on Wednesday.

Expert Analysis

  • What A Court Doc Audit Reveals About Erroneous Filings

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    My audit of 1,522 court documents from last month found that over 95% contained at least one verifiable error, with fewer than 1% showing clear indicators of artificial intelligence use — highlighting above all else that lawyers may want to focus most on strengthening their review processes, says Elliott Ash at ETH Zurich.

  • Exploring When Fraud Asset Freezes Limit Right To Pick Atty

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    The defendant’s claim in the Seventh Circuit’s pending U.S. v. Shah case that the government restrained his assets until he couldn’t afford his chosen counsel presents a useful case study in how criminal forfeiture procedure interacts with U.S. Supreme Court rulings on Sixth Amendment rights and appealing complex fraud convictions, says Elisha Kobre at Sheppard.

  • How Justices' GEO Ruling Resets Gov't Contractor Litigation

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    The U.S. Supreme Court’s recent GEO Group v. Menocal decision, holding that government contractors cannot immediately exit cases via interlocutory appeals, may increase litigation costs, strengthen plaintiffs' leverage in settlement negotiations and dampen the government's ability to attract bids on high-risk or sensitive projects, say attorneys at Wiley.

  • Appellate Strategy Lessons From Pa. Excess Coverage Ruling

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    In FedEx v. National Union Fire Insurance, a Pennsylvania state court recently set forth a clear holding that policyholders may recover postjudgment interest under excess liability insurance policies only when the policy language expressly allows, offering important takeaways for planning appeals, say attorneys at Hunton.

  • Defense Counsel Options Widen As No-Bill Rate Increases

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    Citizens impaneled on grand juries in politically motivated cases who are reasserting their role as a critical check on state power could provide criminal defense attorneys an opportunity to pursue seldom-used preindictment strategies, say attorneys at Ballard Spahr.

  • How Cos. Can Prepare For 'Made In America' Ad Scrutiny

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    The Trump administration's executive order to combat fraudulent "Made in America" claims in consumer-facing advertising, along with actions by the Federal Trade Commission, suggest a potential increased focus on consumer protection and pricing-related matters, say attorneys at Skadden.

  • Similar-Looking Designs May Not Always Prove Infringement

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    The Federal Circuit's recent decision in Range of Motion Products v. Armaid is a reminder that even a strikingly similar design might not be found to infringe upon a patented design once design features driven by functionality are filtered out from consideration, say attorneys at BCLP.

  • Series

    Mich. Banking Brief: All The Notable Legal Updates In Q1

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    Michigan's financial services sector saw several significant developments in 2026's first quarter, including the state Department of Insurance and Financial Services' issuance of a bulletin on the use of artificial intelligence and the Michigan House's introduction of a bill based on the Model Money Transmission Modernization Act, say attorneys at Dykema.

  • Pension Case Offers Entertainment Work Exception Insights

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    A recent Ninth Circuit decision clarified that any amount of entertainment work can satisfy the entertainment industry exception under the Multiemployer Pension Plan Amendments Act, reinforcing that statutory language, rather than evolving business models, dictates withdrawal liability outcomes, say attorneys at Seyfarth.

  • Justices' Ruling Stresses Quick Action Against Absconders

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    Following the U.S. Supreme Court's recent holding in Rico v. U.S. that a supervised release term is not automatically extended when a defendant absconds, probation officers and prosecutors risk being unable to address later violations if they don't act promptly to secure warrants, say attorneys at Winston & Strawn.

  • Justices May Hesitate To Limit Courts' Arbitration Review

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    Based on Monday's argument in Jules v. Andre Balazs, the U.S. Supreme Court seems poised to preserve federal jurisdiction over arbitral award enforcement stemming from actions originated in federal court, a holding that would markedly limit the court's 2022 Walters v. Badgerow decision, says Ashwini Jayaratnam at DarrowEverett.

  • Series

    Ultramarathons Make Me A Better Lawyer

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    Completing a 100-mile ultramarathon was tougher, more humbling and more rewarding than I ever imagined, and the experience highlighted how long-distance running has sharpened my ability to adapt to the evolving nature of antitrust law and strengthened my resolve to handle demanding, unforeseen challenges, says Dan Oakes at Axinn.

  • State FARA Laws Pose Unique Constitutional Challenges

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    Several states have recently enacted foreign agent registration and disclosure regimes that were modeled after the Foreign Agents Registration Act, but these state laws raise several constitutional questions, including concerns about preemption, speech and petition, and vagueness, says Alexandra Langton at Covington.

  • Series

    Pa. Banking Brief: All The Notable Legal Updates In Q1

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    The first quarter of 2026 brought several consequential developments for Pennsylvania financial institutions, including the state banking department's first assessment overhaul in 10 years, a bill prohibiting interchange fees on card transaction sales taxes and a federal appeals court's upholding of a $52 million enforcement action, say attorneys at Gross McGinley.

  • Determining When Engineered Biologics May Be Patentable

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    The Federal Circuit's recent decision in Regenxbio v. Sarepta, concluding that engineered cells with DNA from different organisms are not patent-ineligible natural phenomena, raises questions surrounding what framework courts will use to evaluate the patent eligibility of engineered biologics moving forward, says Robert Frederickson at Goodwin.

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