Appellate

  • October 22, 2026

    NJ Panel Lets Nursing Home Arbitrate Resident Death Suit

    A New Jersey state appeals court on Thursday declined to disturb an order forcing a widow to arbitrate medical negligence and wrongful death claims against a nursing home, agreeing it didn't waive its right to arbitration by participating in litigation for over a year.

  • October 22, 2026

    Fla. Justices Say Presuit Notice Requirement Isn't Retroactive

    A Florida statute requiring policyholders to notify state regulators before filing suit against an insurer does not apply retroactively to policies purchased before the law went into effect, the Florida Supreme Court ruled Thursday.

  • October 22, 2026

    Tribe Says Low Crossings Undercut Border Wall Argument

    The Tohono O'odham Nation is renewing its push for the D.C. Circuit to do what a district judge refused and block border wall construction through its Arizona reservation pending the tribe's appeal, arguing that a brief pause in construction would pose little risk with border crossings at record lows.

  • October 22, 2026

    10x Genomics Ends Patent Fight Against Parse In Delaware

    10x Genomics has told a Delaware federal judge it will no longer pursue a patent case against Parse Biosciences Inc. over methods of analyzing genetic information, a move following the Federal Circuit's refusal to revive the remaining three patents-at-issue.

  • October 22, 2026

    NC Gov. Hauls Election Board Appointment Fight To Top Court

    North Carolina Gov. Josh Stein is taking a constitutional challenge over who has the authority to appoint members to the state and county election boards to the state's highest court, asking the justices to decide whether legislators lawfully transferred that power from his office to the state auditor.

  • October 22, 2026

    5th Circ. Orders New Look At IRS' Loss On FBAR Jury Rights

    A Texas federal court must revisit its 2025 ruling that the IRS violated a woman's jury-trial rights by imposing a $1 million civil penalty for failing to report foreign bank accounts, the Fifth Circuit said, ordering another review in light of a U.S. Supreme Court decision.

  • October 22, 2026

    Transpo Tracker: CH Robinson Verdict, Tesla Class Action

    In our latest Law360 Transportation Tracker, a Dallas County judge confirmed a blockbuster $604 million verdict against freight broker C.H. Robinson, while the Ninth Circuit dismantled a certified class action accusing Tesla of misleading consumers about its cars' self-driving capabilities.

  • October 22, 2026

    Hospital Tells DC Circ. Talks Tainted Nurses Union Election

    A hospital urged the D.C. Circuit to reverse a National Labor Relations Board decision affirming its obligation to bargain with the Oregon Nurses Association, saying the board misapplied precedent when it excused the union's campaigning immediately before a representation election.

  • October 22, 2026

    10th Circ. Revives Iranian Man's ICE Detention Challenge

    A split Tenth Circuit panel ruled that a district court erred in denying an Iranian national's habeas petition, holding that district courts have authority to review the legality of an immigrant's detention separately from any challenge to a final order of removal.

  • October 22, 2026

    Conn., Cook County, Ill., Defend AR-15 Bans At Supreme Court

    Officials in Cook County, Illinois, and Connecticut are urging the U.S. Supreme Court to uphold laws banning semiautomatic AR-15-style rifles, arguing that their laws are consistent with historical analogs restricting "unusually dangerous" weapons.

  • October 22, 2026

    Texas Judge Probe Shows Lack Of Mental Impairment Process

    Fifth Circuit officials have done a reasonable job of handling a rare situation involving a Texas federal judge who appears to be undergoing a mental health crisis, but the episode highlights that a more standardized way of dealing with federal judges experiencing mental impairment needs to be established, experts and scholars say.

  • October 22, 2026

    Driving Boat To Oilfield Isn't Maritime Work, 5th Circ. Says

    Using a boat to transport workers to oil platforms off the Louisiana coast does not make a labor supplier and oil producer's services agreement a maritime contract with an enforceable indemnity provision, a Fifth Circuit panel said in finding the producer does not have to indemnify the supplier.

  • October 22, 2026

    California Jury Clears San Francisco In DA Worker's Bias Case

    A California jury on Thursday ended a decadelong, precedent-setting race bias suit brought by a Black San Francisco prosecutor's office worker who claims that the city inadequately responded after a co-worker called her a racial slur, finding that there was no racial harassment or retaliation.

  • October 22, 2026

    Fed. Circ. Won't Overrule Sending IP Cases From Va. To Ill.

    The Federal Circuit on Thursday said it won't send back to Virginia federal court a trio of suits accusing fleet vehicle telematics company Xirgo Technologies of infringing more than a dozen patents, keeping the cases in Illinois federal court.

  • October 22, 2026

    Idaho Tribes Tell Justices 1900 Law Bars Agribiz Land Swap

    The U.S. Supreme Court should reject an Idaho agribusiness's bid to reverse a decision that invalidated a land transfer over concerns of contamination from a planned fertilizer plant expansion, the Shoshone-Bannock Tribes said, arguing the federal government violated a century-old restriction on the ceded lands.

  • October 22, 2026

    6th Circ. Weighs Implications Of Ohio Pivot On Hemp

    A Sixth Circuit panel on Thursday appeared uncertain whether Ohio's recent policy shift to reclassify federally legal hemp products as marijuana discriminates against out-of-state operators.

  • October 21, 2026

    6th Circ.'s Sutton Floats Class Action Limits At Judiciary Panel

    An influential federal judge is proposing new restrictions on class actions that aim to broadly block government policies, judiciary advisers heard at a Wednesday gathering, which also explored transparency ideas affecting legal finance and hard-to-access court records in the red-hot realm of immigration litigation.

  • October 21, 2026

    Guo Trustee Says No Circuit Split Threatens $24M Yacht Win

    A Chapter 11 trustee urged the U.S. Supreme Court on Wednesday to reject a bid by Chinese exile Miles Guo's daughter to undo rulings placing $24 million in yacht sale proceeds plus a $37 million escrow into the bankruptcy estate, disputing allegations that a circuit split warrants the justices' attention.

  • October 21, 2026

    3rd Circ. Questions Claims Of Bias In $6B Citgo Sale

    A Third Circuit panel appeared skeptical during more than two hours of oral arguments on Wednesday that an order greenlighting the nearly $6 billion sale of Citgo to satisfy billions of dollars of Venezuelan debt should be overturned because of the appearance of bias.

  • October 21, 2026

    Fla. Court Rejects Donor-Conceived Child's Homestead Claim

    A Florida appeals court ruled Wednesday in favor of the estate of a prominent heart surgeon, finding the child conceived through a sperm donor arrangement is not entitled to a multimillion-dollar beachfront property he owned.

  • October 21, 2026

    DHS Seeks High Court OK To Restart Big Bend Wall Project

    The U.S. Department of Homeland Security asked the U.S. Supreme Court on Wednesday to let the agency restart construction of the Big Bend border wall, saying the district court lacked jurisdiction to pause the project.

  • October 21, 2026

    Wrong Address Doesn't Invalidate Warrant, Mich. Court Says

    A Michigan state appellate court has ruled that a man's conviction on two counts of obstructing and resisting police is not moot just because the officers entered the man's home using an arrest warrant that had a different address.

  • October 21, 2026

    Deal Staves Off Trial In Snapchat Speed Filter Suit

    Snapchat's parent company and a Georgia man who alleged the app's speed filter feature contributed to a 2015 car wreck that left him seriously injured have reached a settlement, according to a court filing that came two weeks before their legal battle was slated for trial.

  • October 21, 2026

    NC Panel Affirms $10 Nominal Damages In Insurance Fight

    A split North Carolina appellate panel Wednesday affirmed $10 in nominal damages to a receiver in an insurance dispute, agreeing with a lower court that the receiver for a driver named in an injury suit did not show the driver suffered additional actual damages from the insurer's failure to defend.

  • October 21, 2026

    9th Circ. Judges Hint Hospital CBA May Mandate Arbitration

    A Ninth Circuit panel appeared receptive on Wednesday to Long Beach Memorial Medical Center's argument that a nurse should be forced to individually arbitrate proposed class break claims, with two judges suggesting that a union contract's repeated references to Golden State labor law bolster the hospital's position.

Expert Analysis

  • Opinion

    Colo. Climate Suit Defies Limits Of State Power

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    In Suncor Energy v. Boulder County, the U.S. Supreme Court must not allow a single Colorado county to penalize pollution occurring across the country and around the globe, because the U.S. Constitution forbids states from exercising power beyond their borders, says Michael McGinley at Dechert.

  • What's Next For Prediction Markets If States Win At High Court

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    While the Supreme Court hasn't taken up a prediction market case yet, a high court win for the states in their quest to regulate the exchanges would likely mean a wave of state legislature bills and regulatory guidance arriving on different timelines, rather than a single uniform transition, says Howard Herndon at Bradley Arant.

  • 3rd Circ. Ruling Shows ADA Limits Amid Worker Misconduct

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    In Hileman v. West Penn Allegheny Health System, the Third Circuit recently rejected a wrongful termination claim under the Americans with Disabilities Act, illustrating that disability and leave laws don't automatically insulate employees from the consequences of prior workplace misconduct, say attorneys at Bond Schoeneck.

  • AI Meeting Recaps Pose New Discovery And Privilege Risks

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    The New York City Bar Association’s recent ethics opinion, cautioning attorneys not to record nonclient conversations with artificial intelligence tools, reflects an emerging view that AI meeting recaps are now a distinct business record category, meaning counsel should set meeting-level controls and apply framework-level updates, says William Wright at Faegre Drinker.

  • Class Actions At The Circuit Courts: September Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six recent rulings involving pecuniary loss in false price comparison advertising, privity in an insurance fee class, antitrust standing, immigration class representatives, retirement beneficiary class commonality, and Rule 23(f) appeals in Fair Labor Standards Act claims.

  • Florida Condo Ruling Offers Tips For Contractor Lien Disputes

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    A recent Florida appellate decision, holding condo owners may challenge liens placed on their units, despite not being party to the underlying disputed agreement their association struck with contractors, offers lessons on lien enforcement to both contractors and condo owners, say attorneys at Adams & Reese.

  • BIA Ruling Could Make Immigration Bond A Catch-22

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    A recent Board of Immigration Appeals decision refining the way immigration judges assess flight risk, when read broadly, could create a circular rule under which a noncitizen can be treated as a flight risk because they have too few ties to the U.S., but also because they have too many, says Georgianna Pisano Goetz at the National Immigrant Justice Center.

  • 8th Circ. Ruling Raises Bar For Seeking Disability Benefits

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    The Eighth Circuit's recent ruling in Post v. Bisignano signals that claimants seeking Social Security disability benefits may need to offer convincing proof of functional restrictions beyond their treating doctors' opinions and illustrates that the court's proclaimant jurisprudence no longer prevails, says Mark DeBofsky at DeBofsky Law.

  • Series

    Playing Bid Whist Makes Me A Better Lawyer

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    As a child, I viewed bid whist as a family tradition and a source of friendly card game competition, but as a lawyer, I see it as a tool that has helped me cultivate skills like communication, teamwork, risk assessment and composure, says Keyonn Pope at Riley Safer.

  • Teva, Wyeth Show How Claimed Advances Shape Enablement

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    Two recent Federal Circuit decisions involving method-of-treatment claims — Teva v. Eli Lilly and Wyeth v. AstraZeneca — reached opposite enablement outcomes from strikingly similar procedural postures, but a closer comparison of the cases reveals a three-step framework for understanding the court's reasoning, says Kendall Gurule at Polsinelli.

  • Opinion

    Calif. Bill Goes Too Far In Trying To Regulate Attorney AI Use

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    California’s first-in-the-nation act regulating how attorneys and arbitrators use generative artificial intelligence will likely soon become law, but read broadly, the provisions may dissuade lawyers from employing AI at all, thereby depriving them of key work tools, says Joshua Wurtzel at Schlam Stone.

  • Wis. Coverage Ruling Rejects Strict Ensuing Loss Test

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    In Cincinnati Insurance v. Ropicky, the Wisconsin Supreme Court recently examined the relationship between an insurance policy's construction defect exclusion and ensuing loss exception, providing policyholders support in claiming that an additional cause may produce covered damage despite an excluded condition being part of the loss sequence, says Alexander Hopkins at SDV Fenchurch.

  • The Preemption Gap In Prediction Market High Court Petitions

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    The Supreme Court is considering three certiorari petitions following a split in prediction market litigation between the Third and Ninth circuits, but one of the petitions would not allow the court to reach the express preemption question, which would leave the dispute half-resolved, says Jordan Garman at Withers.

  • 5th Circ. Embedding Decision Could Recast Copyright Claims

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    The Fifth Circuit's decision in Emmerich v. Particle Media addresses decades of ambiguity surrounding whether embedded content can constitute copyright infringement, potentially affecting how defense counsel fight against such claims, say attorneys at Greenberg Glusker.

  • A Texas Ruling May Offer Guidance On Freight Broker Liability

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    The U.S. Supreme Court's decision in Montgomery v. Caribe Transport removed federal preemption defenses to freight broker negligent-selection claims, and a July verdict in Texas against C.H. Robinson raised further questions about how brokers can achieve compliance — but another recent Texas decision involving Home Depot may offer some answers, say attorneys at Baker Donelson.

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