Appellate

  • April 20, 2026

    Justices Skip Challenge To NC Surveyor License Law

    The U.S. Supreme Court said Monday it won't take up an appeal from a North Carolina drone operator who says his state's licensing and regulatory requirements for land surveyors restricted his First Amendment rights.

  • April 20, 2026

    Justices Won't Weigh Test For 3rd-Party Harassment

    The U.S. Supreme Court declined Monday to hear a case that hinged on the standard used by courts to assess whether employers are liable for sexual harassment perpetrated against workers by customers or clients.

  • April 17, 2026

    Starbucks Wins 5th Circ. Bid To Scrap NLRB Subpoena Order

    The Fifth Circuit on Friday vacated a National Labor Relations Board order that dinged Starbucks for sending overbroad subpoenas to pro-union employees, saying in a published opinion that the board applied the wrong legal standard for determining whether the coffeehouse chain committed an unfair labor practice.

  • April 17, 2026

    11th Circ. Revives Trademark Suit Against Frida Kahlo Family

    The Eleventh Circuit on Friday agreed to resurrect a dispute between a company that claims to own various Frida Kahlo trademarks and Kahlo's family, ruling that a lower court erred in throwing out the case for lack of jurisdiction. 

  • April 17, 2026

    9th Circ. Revives Doctor's PeaceHealth Whistleblower Suit

    A Ninth Circuit panel has reinstated a psychiatrist's claims that PeaceHealth Inc. retaliated against him for expressing concerns about potential Medicaid fraud at a Washington hospital, concluding on Friday that the district court overlooked evidence that the employer punished him by not renewing his employment contract.

  • April 17, 2026

    Missed Deadline Fatal To Patient's Stapler Suit, 4th Circ. Says

    The Fourth Circuit ruled Friday that a surgery patient's missed expert disclosure deadline rightfully ended his case seeking to hold Johnson & Johnson subsidiary Ethicon Endo-Surgery LLC liable for allegedly faulty staples used in his procedure.

  • April 17, 2026

    11th Circ. Backs Lincoln Life's Long-Term Disability Denial

    The Eleventh Circuit has affirmed a lower court's order backing Lincoln Life Assurance Company of Boston's decision to terminate long-term disability benefits for a Mattress Firm manager who injured his back in a skiing accident, finding that he failed to show that he continued to be disabled.

  • April 17, 2026

    Advocates Get FCC Prison Call Rate Cases Moved To 1st Circ.

    The D.C. Circuit has agreed that a series of consolidated appeals brought by prison phone service providers and advocacy groups challenging the Federal Communications Commission's latest prison phone rate order belongs in front of the First Circuit.

  • April 17, 2026

    OpenAI Drops 9th Circ. Appeal Over 'Cameo' TM Block

    OpenAI has abandoned its Ninth Circuit appeal of an injunction blocking it from using the term "Cameo" in relation to a component of its artificial intelligence video generator Sora 2.

  • April 17, 2026

    Texas Panel Won't Revive Woman's Legal Malpractice Suit

    A Texas appeals panel will not revive a woman's legal malpractice suit alleging her former attorney botched a hearing, leading to an unfavorable settlement in a defamation case, saying she provided no proof that the attorney's conduct had any such negative effect.

  • April 17, 2026

    Settlement Ends High Court Fight Over Arbitration Deference

    The U.S. Supreme Court dismissed a petition filed in a now-settled case relating to a vacated arbitral award favoring a former water treatment company director, which sought clarity from the justices on whether courts can second-guess the content of arbitral pleadings and filings.

  • April 17, 2026

    11th Circ. Backs School District In Black Worker's Bias Suit

    The Eleventh Circuit upheld the dismissal Friday of a Black Alabama school district worker's suit claiming she was transferred to a different job out of racial discrimination, ruling her employer showed the decision was based on her concerns about her workload, not her race.

  • April 17, 2026

    NY High Court Suspends Judge Over Racist Remarks

    A veteran judge who used the N-word among colleagues and claimed in court that a Black defendant was likely to be violent and "played the race card" has been suspended without pay by New York's highest court.

  • April 17, 2026

    Balancing The Scales: Juror Bias, First For Revenge Porn Law

    The California Supreme Court tossed the conviction and death sentence in a double slaying over the trial court's failures to investigate claims of juror bias, and an Ohio man is believed to be the first person in the nation convicted under a federal law intended to battle revenge porn.

  • April 17, 2026

    Too Mentally Ill To Stand In Court, Texas Inmate Fights On

    A Texas death row prisoner who gouged out both of his eyes and suffers from schizoaffective disorder is fighting efforts to move forward with his execution, arguing that his severe psychosis leaves him unable to rationally understand why the state wants to kill him. His case highlights a broader debate over whether the Constitution should bar the execution of people with severe mental illness, even when they technically know they are on death row.

  • April 17, 2026

    Up Next At High Court: SEC And FCC Enforcement Authority

    The U.S. Supreme Court's final argument session of this term kicks off Monday, when the justices will consider the U.S. Securities and Exchange Commission's authority to seek disgorgement orders against alleged wrongdoers without proving investors were harmed. Here, Law360 breaks down the week's oral arguments.

  • April 17, 2026

    Texas Justice Calls Asbestos Dosage Decision 'Troubling'

    Texas Supreme Court justices declined an appeal brought after a lower court did not consider proof of asbestos dosage in its decision, but on Friday, Justice Evan Young wrote that the lower court's failure to do so was "troubling" even if the case wasn't a good fit for high court review.

  • April 17, 2026

    Ga. Panel Upholds New Trial In Prison Contraband Case

    A Georgia appeals court panel backed a new trial Friday for a woman who was convicted of furnishing prohibited items to inmates and crossing a guard line with drugs, rejecting the state's claim that a lower court dropped the ball. 

  • April 17, 2026

    Texas Justices Back Enviro Agency In Deadline Dispute

    The Texas Supreme Court ruled Friday that Texas' environmental regulator timely requested input from the office of Texas Attorney General Ken Paxton before having to potentially disclose thousands of documents sought by the Sierra Club, finding its 10-business-day deadline didn't lapse.

  • April 17, 2026

    Verdict For Doctors Affirmed In Fatal E. Coli Infection Appeal

    An Illinois appellate panel on Friday affirmed a jury verdict clearing three physicians of liability in a wrongful death suit over a woman's death from septic shock stemming from an undiagnosed E. coli infection, rejecting arguments that evidentiary errors, expert testimony admissions and jury instruction issues warranted a new trial.

  • April 17, 2026

    Workers At 3 NJ Colleges Eligible For Union As Non-Managers

    A New Jersey state appeals court on Friday upheld a state labor agency's finding that dozens of employees at three public colleges are eligible for union membership, rejecting the state's argument that the workers fall within a statutory carveout for managers.

  • April 17, 2026

    Ex-FERC Chair Backs Pa. AG's Intervention In Grid Fight

    Former Federal Energy Regulatory Commission chairman Mark Christie voiced support for Pennsylvania's efforts to block a power grid project along its southern border in a brief to the U.S. Supreme Court Friday, asking the high court to allow the state's attorney general to challenge an appellate ruling that held federal law governed the project.

  • April 17, 2026

    Jail Attire Not Required For Witness, Mich. Appeals Court Says

    Jail attire is not required for trial witnesses who are incarcerated, a Michigan state appeals court has said in a published opinion that vacates a lower court's decision, stating that appearing in a jail uniform could undermine the witnesses' credibility with the jury.

  • April 17, 2026

    Thread Count Claims Clear, 9th Circ. Says, Reviving Target Suit

    The Ninth Circuit on Friday found that a lower court erred in dismissing a proposed class action alleging that Target Corp. sold bedsheets claiming to be 100% cotton with a thread count of 600 or more, which can't be achieved with purely cotton fabric, saying that a reasonable consumer can still be deceived by a physically impossible claim.

  • April 17, 2026

    Tufts Grad Settles Immigration Cases, Returns To Turkey

    Tufts University graduate Rümeysa Öztürk has returned to her native Turkey after completing her doctorate and reaching a settlement with the federal government to end her immigration proceedings, her attorneys said Friday.

Expert Analysis

  • 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.

  • In First For DOJ, Action Signals New CFIUS Enforcement Era

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    The U.S. Department of Justice is seeking judicial enforcement of a divestment order, an unprecedented action for the agency that ushers in a new phase for the Committee on Foreign Investment in the United States, one in which judicial proceedings complement administrative oversight and presidential divestment orders may be enforced through litigation, says attorney Sohan Dasgupta.

  • 6th Circ. Can Extend Insurance Valuation Clarity Beyond Auto

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    In rehearing Clippinger v. State Farm, the Sixth Circuit can align itself with the recent drumbeat of other circuits rejecting class certification of auto total loss claims and set standards that apply to similar claims brought under homeowners and other types of insurance policies, say attorneys at Jackson Walker.

  • 9th Circ. Ruling Clarifies Doc Protection Limits In Gov't Probes

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    The Ninth Circuit's recent decision in Kalbers v. U.S. Department of Justice confirms that Rule 6(e) provides robust protections when documents are in the government's possession only through a grand jury subpoena, emphasizing for companies the importance of careful labeling from the outset of an investigation, say attorneys at Cooley.

  • Berk May Spur More Pushback Against Med Mal Gatekeeping

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    The U.S. Supreme Court’s recent decision in Berk v. Choy may appear to be a run-of-the-mill reminder that a federal procedural rule trumps its state counterpart, but it could inspire more challenges to state-created prerequisites to filing medical malpractice lawsuits, say attorneys at Decof Mega.

  • Getting The Most Out Of Learning And Development Programs

    Excerpt from Practical Guidance
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    Junior associates can better develop the legal, business and interpersonal skills they need for long-term success by approaching their firms’ learning and development programs armed with five tips for getting the most out of these resources, says Lauren Hakala at Reed Smith.

  • A Shift In Fed. Circ.'s Approach To Patent Summary Judgment

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    The Federal Circuit's recent decision in Range of Motion v. Armaid may come to be seen as a seminal opinion for potentially exposing and entrenching the Federal Circuit's movement away from its previous framework for identifying obvious noninfringement cases, says Nicholas Nowak at Nowak IP Group.

  • Considering The Risks That Arise When IP Outlives Its Owner

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    Federal and state court decisions show that the statutory regime for each category of intellectual property promises continuity after the owner's death, but the law does not provide a succession framework for how those rights are to be exercised, says Erin Daly at Daly Law & Strategy.

  • Del. Blackbaud Ruling Signals A New Era For Cyberinsurance

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    The recent Delaware Supreme Court ruling in Travelers v. Blackbaud shows that cyberinsurance is moving into a second maturity phase, in which insurers will increasingly attempt to recover their payments from vendors and insureds will face new pressure to justify cyber incident reimbursements, say Steven Teppler at Mandelbaum Barrett and Jade Davis at Shumaker.

  • How A High Court Music Piracy Ruling Shrinks ISP Liability

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    The U.S. Supreme Court's recent opinion in Cox Communications Inc. v. Sony Music Entertainment, which concerned the boundaries of contributory copyright infringement for internet service providers, dramatically lessens both the risk that an ISP will be held contributorily liable and, relatedly, the incentives an ISP may have to help combat online copyright infringement, say attorneys at Debevoise.

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