Appellate

  • June 16, 2026

    2nd Circ. Judge Blasts 'Wrong' Video Privacy Test In NBA Suit

    The Second Circuit appeared poised Tuesday to uphold the dismissal of a proposed class action accusing the NBA of illegally sharing newsletter subscribers' video-viewing habits with Meta although one judge said prior rulings set the "wrong" circuit precedent for what data disclosures are prohibited by the Video Privacy Protection Act.

  • June 16, 2026

    New Docs Undercut Feds' TPS Appeal, Haitians Tell Justices

    Haitians challenging the Trump administration's now-postponed move to revoke temporary protected status for Haiti urged the U.S. Supreme Court on Tuesday to dismiss the administration's appeal, arguing that additional factual development is needed in light of newly disclosed documents.

  • June 16, 2026

    FIFA Mural Suit, Other Fights Showcase 'Obscure' Art Law

    As soccer heavyweights and underdogs square off in the FIFA World Cup, the sport's worldwide governing body is staring down a suit claiming the organization destroyed a mural and violated a unique intellectual property protection that has a history of thwarting the removal of public pieces of art.

  • June 16, 2026

    Pa. Justices Curb Philly DA Conviction Relief Concessions

    The Pennsylvania Supreme Court on Tuesday slammed the Philadelphia District Attorney's Office for making "misleading" concessions of prosecutorial misconduct to favor convicted murderers seeking to overturn their convictions, ordering lower courts to give the state attorney general a chance to intervene in such cases.

  • June 16, 2026

    Mark Cuban Urges 6th Circ. To Rehear Case Against FINRA

    Mark Cuban is throwing his weight behind a Sixth Circuit challenge to the constitutionality of the Financial Industry Regulatory Authority's in-house disciplinary proceedings, arguing in a Tuesday brief that the regulator shouldn't be allowed to penalize the owner of a consulting company without first affording him a trial. 

  • June 16, 2026

    Texas Appeals Court Reverses $73M Train Accident Judgment

    A Texas appeals court Tuesday reversed a $73 million judgment and ordered a new trial for a woman who sued Union Pacific Railroad Co. after a train hit her as she slept on the tracks, saying the trial court applied the wrong negligence standard.

  • June 16, 2026

    Pa. Justices Say Fraud Clock Began Before Corpse Found

    The Pennsylvania Supreme Court on Tuesday vacated a woman's convictions of taking her dead grandmother's Social Security money as time-barred, ruling that the statute of limitations began running when she stopped collecting the checks, not when her grandmother's body was found in her freezer.

  • June 16, 2026

    9th Circ. Rejects FCA Bid To Pause Headrest Class Trial

    The Ninth Circuit has rejected outright Fiat Chrysler's bid to pause class action proceedings over supposedly defective Jeep and Dodge headrests during the automaker's preparation of a petition to the U.S. Supreme Court as it pushes for arbitration in the case.

  • June 16, 2026

    Justices Told Jules Upends 3rd Circ. Arbitration Ruling

    Litigation funder Burford Capital told the U.S. Supreme Court on Tuesday that the justices' decision this year finding federal courts that have sent a dispute to arbitration retain jurisdiction in subsequent enforcement proceedings was enough to warrant undoing a Third Circuit decision the company called erroneous.

  • June 16, 2026

    Ga. Justices Uphold $42M Verdict In Hospital Death Suit

    The Georgia Supreme Court refused to grant a new trial or lower a $42 million jury verdict in a wrongful death case filed by the fiance and estate of a woman who died in the hospital after giving birth to her daughter by cesarean section.

  • June 16, 2026

    6th Circ. Says CFTC Can't Argue In Kalshi, Ohio Betting Fight

    The Sixth Circuit denied a bid by the U.S. Commodity Futures Trading Commission to appear as an amicus during oral arguments in Kalshi's appeal of a lower court ruling denying it a temporary enforcement shield in the prediction market platform's dispute with Ohio state officials.

  • June 16, 2026

    Calif. Panel Upholds $19.5M Verdict In Bicycle Crash Suit

    A California state appeals court has affirmed a $19.5 million verdict against a motorist who ran a red light and struck a bicyclist at a crosswalk, rejecting the driver's argument that the sum was excessive because the jury heard prejudicial testimony about her not wearing her prescription glasses.

  • June 16, 2026

    Nationwide Aims To Decertify 50K ERISA Class Ahead Of Trial

    Nationwide urged an Ohio federal judge to cut down a class of 50,000 401(k) plan participants who claimed the company mismanaged a fund in its retirement plan, pointing to a recent Fourth Circuit ruling that said defined contribution plans require too many individual assessments to earn class certification.

  • June 16, 2026

    Oral Arguments In Comey, James Appeal Set For September

    The Fourth Circuit has scheduled in-person oral arguments for the Trump administration's appeal of the dismissals of indictments against former FBI Director James Comey and New York Attorney General Letitia James for Sept. 15-18.

  • June 16, 2026

    Roy Moore Seeks High Court Stay In PAC Defamation Fight

    Former Alabama judge Roy Moore on Tuesday asked the U.S. Supreme Court to issue an emergency stay of the Eleventh Circuit's decision to toss the $8.2 million defamation verdict he was awarded over claims that a Democratic PAC's ad suggested he solicited a minor for sex.

  • June 16, 2026

    Stolen Skull Can't Lead To Ill. County Liability, 7th Circ. Says

    An Illinois county's coroner cannot be held liable for a former official's "abhorrent" practice of saving his examination subjects' skulls because the conduct itself was illegal and not part of his state-imposed duty to return bodily remains, a split Seventh Circuit panel has ruled.

  • June 16, 2026

    Insurers Ask Justices To Review Hurricane Arbitration Ruling

    A group of insurers asked the U.S. Supreme Court to review a Fifth Circuit decision blocking arbitration of a Louisiana town's hurricane damage coverage suit, saying circuit courts are split over the application of federal or state law to determine whether nonsignatories can enforce an international arbitration agreement.

  • June 16, 2026

    7th Circ. Scraps American Airlines Toxic Uniforms Suit

    The Seventh Circuit said Tuesday that American Airlines employees suing over allegedly toxic uniforms didn't have sufficient expert evidence suggesting the uniforms triggered their allergic reactions and other health symptoms, rejecting their bid to invoke the legal doctrine of res ipsa loquitur to infer a defect or negligence.

  • June 16, 2026

    Justices Asked To Revive $77M In Trade Secret Damages

    Plastics manufacturer Trinseo Europe GmbH has asked the U.S. Supreme Court to restore a verdict of more than $77 million that it won stemming from trade secret misappropriation allegations against a former Dow Chemical Co. employee and engineering firm KBR, saying the Fifth Circuit went against precedent when it endorsed an approach to damages that "is the antithesis of flexible."

  • June 16, 2026

    5th Circ. Revives Plane Crash Suit Under Texas Tolling Law

    The Fifth Circuit on Tuesday revived a suit alleging that a pilot's severe crash injuries were caused by several companies' defective parachute and safety systems, saying the Texas Savings Statute does indeed apply to the pilot's third lawsuit related to the crash.

  • June 16, 2026

    Unions Ask 1st Circ. To Spur Ruling On 'Loyalty Question'

    Federal worker unions have asked the First Circuit to force a district judge to rule on their request to stop the federal government from asking job candidates how they'd advance Trump administration policies, saying their motion has sat undecided for nearly seven months.

  • June 16, 2026

    Anti-Abortion Group Renews Bid To Block NJ's Info Demand

    An anti‑abortion pregnancy center urged a federal judge to block New Jersey's attorney general from enforcing a subpoena seeking financial donor information, arguing in a renewed bid for a preliminary injunction that the demand is retaliatory and persists despite a U.S. Supreme Court ruling allowing the group to challenge the investigation.

  • June 16, 2026

    US Bank Tells 8th Circ. Flawed Expert Doomed Retirees' Suit

    U.S. Bancorp urged the Eighth Circuit to back its win over a lawsuit alleging it shortchanged workers who opted to retire early, asserting Tuesday that the trial court got it right when it nixed the retirees' expert opinion for utilizing abnormal actuarial methods.

  • June 16, 2026

    Colo. Justices Limit Public Defense Help In Posttrial Motion

    The Colorado Supreme Court has ruled that a man is not allowed to have a public defender supplement his ineffective assistance of counsel motion after the defendant's private counsel filed the initial motion and immediately withdrew from the case.

  • June 16, 2026

    2nd Circ. Won't Let Man Reverse Tax Plea Over Bad Advice

    The Second Circuit issued a summary order Tuesday affirming the conviction of a Connecticut man who pled guilty to tax crimes, disagreeing that allegedly misleading advice from trial attorneys about the immigration implications of his plea warranted his withdrawing it.

Expert Analysis

  • 6th Circ. Ruling Broadest So Far In Wave Of Habeas Decisions

    Author Photo

    The Sixth Circuit’s recent opinion in Lopez-Campos v. Raycraft provides the most developed structural reasoning among rulings in a widening circuit split over mandatory detention after undocumented entry into the U.S., and supplies immigration practitioners a template for due process arguments in favor of habeas relief, says Kemal Hepsen at Mandamus Lawyers.

  • Opinion

    Murdaugh Reversal Masks Deeper Justice System Issues

    Author Photo

    The South Carolina Supreme Court's recent reversal of Alex Murdaugh's murder conviction leans heavily on improper jury influence by an ex-county clerk of court while underbilling other errors in the case, which are emblematic of larger issues with the justice system, says Barry Edwards at Fair Trial Analysis.

  • Del. Justices' Ripeness Ruling Shields Advance Notice Bylaws

    Author Photo

    The Delaware Supreme Court’s recent decision dismissing two AES and Owens Corning stockholder challenges of advance notice bylaws as unripe provides corporations more room to insulate their nomination procedures from activist pressure, say attorneys at Reed Smith.

  • How The High Court Expanded Freight Broker Liability

    Author Photo

    After the U.S. Supreme Court's decision in Montgomery v. Caribe Transport II that freight brokers may be liable for selecting unsafe motor carriers, the key question will be whether brokers used reasonable care in selecting a given motor carrier, with the concurring opinion offering some clues as to what reasonable care might look like, says Marc Blubaugh at Benesch.

  • 'Anderson Method' Ruling Shows Copyright Limits In Fitness

    Author Photo

    The Ninth Circuit's ruling in Tracy Anderson Mind and Body v. Megan Roup, finding that sequences of exercises developed and recorded by Tracy Anderson were not copyrightable choreographic works, is a reminder that even highly creative fitness programming can fall outside the scope of copyright protection, says Meredith Bobber Strauss at Michelman & Robinson.

  • 2nd Circ.'s Cantero Redo Complicates Mortgage Escrow Issue

    Author Photo

    The Second Circuit's recent decision in Cantero v. Bank of America reflects the absence of definitiveness in mortgage escrow preemption jurisprudence, leaving lenders to navigate conflicting state rules and pricing challenges amid a deepening circuit split, say attorneys at Sullivan & Cromwell.

  • 3 Rulings Show How Creditors Make Civil RICO Claims Stick

    Author Photo

    An Arizona federal court's recent decision concerning UniCredit Bank Austria is one of few in which creditors' claims against debtors for Racketeer Influenced and Corrupt Organizations Act violations have survived motions to dismiss, and these claims' substantial benefits make the rulings worth analyzing for guidance, says Brian Asher at Asher Research.

  • What Fed. Circ.'s Poultry Patent Ruling Says About 'About'

    Author Photo

    The Federal Circuit's recent decision in Enviro Tech v. Safe Foods highlights how approximation language in patent claims affects not only litigation outcomes, but also portfolio value, competitive positioning and prosecution strategy, say attorneys at Foley & Lardner.

  • Class Actions At The Circuit Courts: May Lessons

    Author Photo

    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings from cases involving allegations of Title VII violations, the Employment Retirement Income Security Act, prison dental care violations and overcharging for PACER access.

  • Texas Ruling Makes Avoiding Appraisal Nearly Impossible

    Author Photo

    By deciding that a coverage dispute doesn't nullify an appraisal clause, the Texas Supreme Court, in its recent Ace American Insurance ruling, makes appraisal nearly unavoidable in state personal auto and residential property disputes, says David Winter at Norton Rose.

  • Series

    NY Times Word Puzzles Make Me A Better Lawyer

    Author Photo

    Every morning I let The New York Times humble me with word games, which offer a chance to recalibrate my brain before the day's chaos arrives and remind me that a solution — whether to a puzzle or employment law issue — almost always exists once I find the right angle, says Amy Epstein Gluck at Pierson Ferdinand.

  • Tracking Tech Suit Is A Risk Management Reminder For Cos.

    Author Photo

    The Fifth Circuit recently heard oral argument in Rand v. Eyemart Express — an appeal that could reshape the legal landscape for businesses that deploy tracking tech on their websites — underscoring the importance of proactive risk management for companies across multiple industries, say attorneys at Blank Rome.

  • Series

    Law School's Missed Lesson: Diagnose Before Arguing

    Author Photo

    Law school often skips over explicitly teaching students how to determine what kind of problem a case presents before they commit to a particular doctrinal path, which risks building arguments that are internally coherent but externally misaligned, says Melanie Oxhorn at Kobre & Kim.

  • A Fed. Circ. Blueprint For Drafting Medical Device Patents

    Author Photo

    The Federal Circuit's decision in Constellation Designs v. LG last month, among other recent rulings, underscores the importance of emphasizing engineering, rather than clinical goals, when drafting patent claims for medical devices and software as a medical device, says Brandon Theiss at Volpe Koenig.

  • Decoding Arbitral Disputes: EU's Arb. Defense From Russia

    Author Photo

    The EU's latest package of restrictive measures against Russia marks a significant shift from merely resisting Russian jurisdictional tactics to proactively protecting arbitration and exclusive jurisdiction agreements, elevating the procedural importance of dispute resolution clauses, says Josep Galvez at 4-5 Gray's Inn Square.

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.