Appellate

  • 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.

  • July 08, 2026

    Day Pitney Can't Be Cut Off From New Counsel, Client Says

    A former Connecticut chief justice's ethics gaffe cannot preclude fellow lawyers at Day Pitney LLP from communicating with new counsel for John B. Clinton, a private equity management firm owner locked in a 13-year-old, $1.3 million corporate windup lawsuit, Clinton has urged a Connecticut state court judge to conclude.

  • July 08, 2026

    Morgan & Morgan Malpractice Fight Won't Get Another Review

    The Georgia Court of Appeals has rejected Morgan & Morgan PA's bid to challenge a trial court ruling denying the firm's summary judgment motion in a legal malpractice case brought against it by clients seeking representation in a personal injury action.

  • July 08, 2026

    8th Circ. Dismisses Appeal In US Bank Pension Fight

    The Eighth Circuit on Wednesday agreed to dismiss an appeal from a proposed class of U.S. Bank retirees who claimed their early retirement payments were unlawfully reduced, after retirees told the court earlier this month they had opted not to pursue revival of their federal benefits dispute.

  • July 08, 2026

    Biggest Rulings For Patent Attys In 2026: A Midyear Report

    The U.S. Supreme Court clarified the pleading standard for induced infringement of skinny labels, and the Federal Circuit opened the door to increased damages for patent owners. Here's what you need to know about these patent cases and other major decisions from the beginning of 2026.

  • July 08, 2026

    4 Colorado Cases To Watch For The Rest Of 2026

    A federal judge's ruling on whether the Trump administration can move U.S. Space Command's headquarters from Colorado to Alabama and a jury's determination of liability for a private prison operator in a forced labor class action are among the Colorado court cases to watch in the coming months. Here, Law360 looks at four Colorado cases to watch for during the rest of 2026.

  • July 08, 2026

    Florida Cases To Watch In The 2nd Half Of 2026

    New lawsuits over ChatGPT's role in a mass shooting on a Florida campus and a U.S. Supreme Court case that could upend most criminal trials in Florida are some of the litigation that the state's attorneys will be watching in the second half of 2026. ​​​​​​​Here, Law360 takes a look.

  • July 07, 2026

    6th Circ. Says MillerKnoll Owns Rights To Iconic Lamp Design

    The Sixth Circuit Tuesday refused to disturb a lower court's decision awarding intellectual property rights for late designer George Nelson's iconic bubble lamp to furniture company MillerKnoll, ruling that a 2006 royalty agreement authorized the company to use and own those rights.

  • July 07, 2026

    Entrepreneur Can't Sue Over Ex-Worker's Hill Testimony

    The D.C. Circuit on Tuesday nixed a multimillionaire executive's defamation suit against a former employee whose testimony to Congress helped secure passage of a law barring the arbitration of sexual assault and harassment claims, litigation that also sought to undo an arbitral award favoring the former employee.

  • July 07, 2026

    Webuild Wants Justices' Input In Row Over In-State Property

    Webuild has pressed the Third Circuit to delay sending a case over a $140 million arbitral award against the Italian construction giant back to lower court as it seeks U.S. Supreme Court review of a circuit decision reviving a Chilean company's bid to enforce the award.

  • July 07, 2026

    2nd Circ. Backs Judge's Immigration Cooperation Condition

    A Second Circuit panel on Tuesday said a New York federal judge reasonably imposed a supervised release condition that would require a Salvadoran citizen sentenced to prison in connection with an MS-13 gang shooting to cooperate with immigration authorities.

  • July 07, 2026

    Illinois Cases To Watch In 2026: Midyear Report

    Mead Johnson is set to go to trial this summer in the first case to make it to a jury in multidistrict litigation claiming baby formula caused a serious gut illness in premature infants, while the U.S. attorney's office in Chicago is facing a possible sanctions hearing over prosecutorial misconduct allegations in two Illinois cases on attorneys' radar for the rest of the year.

  • July 07, 2026

    5th Circ. Presses Ericsson Insurers On Terrorism Suit Defense

    A Fifth Circuit panel pushed insurers to explain why they should be allowed to avoid covering the defense of Ericsson Inc. against claims the company funded foreign terrorist organizations, asking Tuesday if Ericsson knew the money it gave out "was going to kill Americans."

  • July 07, 2026

    Fed. Circ. Wary Of Both Sides In DOE Breach Damages Row

    A panel of the Federal Circuit on Tuesday appeared skeptical of both sides' arguments concerning whether a $145 million judgment for three nuclear power plant owners over the U.S. Department of Energy's continued failure to accept spent nuclear fuel for disposal should be offset by the companies' investment earnings.

  • July 07, 2026

    Trump Seeks High Court Rehearing In Carroll Case

    President Donald Trump asked the U.S. Supreme Court to reconsider its decision to let stand a jury's $5 million verdict finding he sexually abused writer E. Jean Carroll in a department store dressing room.

  • July 07, 2026

    X Corp. Fights $8M Award Over Boulder Office Rent Credit

    Colorado appellate judges on Tuesday tested the limits of competing interpretations by X Corp. and its former landlord regarding a contract provision governing almost $5.8 million in rent credits the social media company says it's owed, weighing X's bid to undo an $8.2 million judgment in a rent dispute.

  • July 07, 2026

    8th Circ. Backs Ex-Wilbur-Ellis Workers In Trade Secret Suit

    The Eighth Circuit on Tuesday upheld a lower court's finding that agribusiness Wilbur-Ellis couldn't make its case that several former employees took off with its trade secrets when they went to a competitor.

Expert Analysis

  • Vax Ruling Offers Employer Tips For Handling Political Speech

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    A California appeals court's recent decision in Rademacher v. ABC, rejecting a "General Hospital" actor's suit alleging he was terminated for opposing a vaccine policy, demonstrates the importance of the employer's process, including neutral policies, documentation, and evidence of who knew what and when, say attorneys at Krevolin Horst.

  • O Brother, Where Art DAO? Jurisdiction Issues Abound

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    While there is a dearth of decisions examining a decentralized autonomous organization's citizenship for diversity jurisdiction purposes, Second Circuit case law has defined citizenship for other unincorporated entities, which may guide how courts evaluate an increasing number of cases involving DAOs, says Michael Mix at Morrison Cohen.

  • Protecting AI-Driven Innovation In Life Sciences IP

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    Recent developments, including the U.S. Patent and Trademark Office's evolving inventorship standards, and the impact of artificial intelligence on the "person of ordinary skill in the art" standard demand that life sciences companies elevate AI patent strategy to a top priority, says Sandra Haberny at Quinn Emanuel.

  • 2nd Circ. Ruling Notably Limits Sentencing Courts' Discretion

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    The Second Circuit’s recent decision in U.S. v. Dralle clarifies the bounds of sentencing courts’ ability to consider uncharged or co-defendant conduct without tying it to statutory sentencing factors, and it may have broader implications for limiting loss attribution in white collar and other criminal cases, say attorneys at Lowenstein Sandler.

  • High Court's Hikma Decision Reshapes 'Skinny Label' Suits

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    The U.S. Supreme Court's decision in Hikma v. Amarin marks a significant victory for generic drug manufacturers, but rather than putting an end to so-called skinny label inducement claims, it narrows and refocuses them, say attorneys at Sterne Kessler.

  • Opinion

    At High Court, Oil Cos.' Suncor Preemption Claims Fall Short

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    In Suncor Energy v. Boulder County, pending before the U.S. Supreme Court, oil and gas companies argue that municipalities' climate deception claims are equivalent to emissions standards for their industry — but the suit is ultimately incapable of imposing such standards, say Thomas McGarity at the University of Texas School of Law and James Goodwin at the Center for Progressive Reform.

  • 3 Disgorgement Questions Linger After Justices' SEC Ruling

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    While the U.S. Supreme Court’s recent decision in Sripetch v. U.S. Securities and Exchange Commission avoided placing new limits on the SEC’s disgorgement powers, it passed over several questions, including whether the commission can seek disgorgement when returning the money to investors isn't possible, says David Slovick at Kopecky Schumacher.

  • Checking For AI Errors Is Now A Two-Way Street

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    A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

  • Opinion

    Federal Circuit Should Implement Mini En Banc Process

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    To fulfill its mission of uniformity in patent law while avoiding the challenges of en banc hearings, the Federal Circuit should institute mini en bancs — allowing regular three-judge panels to exercise en banc powers unless a majority of the court says otherwise, says Joshua Sohn at the U.S. Department of Justice.

  • What's Next After Justices' Last-Mile Driver Arbitration Ruling

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    The U.S. Supreme Court's recent decision in Flowers Foods v. Brock, refusing to narrow the scope of a Federal Arbitration Act exemption for workers engaged in interstate commerce, gives previously unprotected workers access to litigation, but preserves two potentially powerful arguments for future proceedings, say attorneys at Husch Blackwell.

  • Series

    The Biz Court Digest: Shoring Up Corporate Law In Maryland

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    Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

  • How End Of SEC 'Gag Rule' Affects Free Speech Certiorari Bid

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    The Securities and Exchange Commission's recent rescission of the so-called gag rule, which forbade defendants in settlements from denying the SEC’s allegations, may sway the outcome of a petition to the Supreme Court in a case challenging the rule on First Amendment grounds, say attorneys at Troutman.

  • 2nd Circ.'s Embedded Video Ruling May Protect Publishers

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    The Second Circuit's recent decision in Richardson v. Townsquare, dismissing an infringement claim arising from an embedding of a YouTube-hosted interview, reaffirms a potent defense for publishers who regularly use social media platforms' embed functionality, says Amanda Harris at Jassy Vick.

  • Federal Officer Removal After Justices' La. Pollution Ruling

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    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

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    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.

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