Appellate

  • April 21, 2026

    7th Circ. Says Fed. Laws Don't Preempt Wis. Vape Sale Ban

    The Seventh Circuit declined Tuesday to revive vaping interest groups' bid to halt enforcement of a Wisconsin law banning sales of e-cigarettes that aren't approved by the U.S. Food and Drug Administration, finding federal law doesn't preempt the state's authority to regulate the marketing and sales of tobacco products. 

  • April 21, 2026

    Copyright Head Touts 6,000 Registrations Of Human-AI Works

    The U.S. Copyright Office has issued more than 6,000 registrations for works that incorporate artificial intelligence-generated materials and follow the agency's guidance for combined human-made and AI-created works, U.S. Copyright Office leader Shira Perlmutter said Tuesday.

  • April 21, 2026

    9th Circ. Orders New Insider-Trading Trial Over Juror Bias

    A Ninth Circuit panel on Tuesday ordered a new trial for a Los Angeles man convicted of insider trading on tips from a JPMorgan Chase analyst, holding that a lower court erred by not excusing a juror who expressed concerns about his ability to be fair.

  • April 21, 2026

    Board Says Opposition To Gangs Not Enough For Asylum

    Disapproval of criminal gangs or opposition to them is not enough to establish a protected political opinion for asylum purposes, the Board of Immigration Appeals ruled on Tuesday, affirming an immigration judge's denial of an El Salvadoran woman's application.

  • April 21, 2026

    Ex-Tesla Worker Tells 9th Circ. That Arbitration Was Flawed

    A Black former Tesla employee told a Ninth Circuit panel Tuesday that the company's win in arbitration over his race discrimination claims shouldn't stand because the process was administered improperly, while the electric vehicle company countered that the arbitrator was well within her authority.

  • April 21, 2026

    Conn. High Court Says Brady Duty Reaches Old Case Files

    The Connecticut Supreme Court on Tuesday affirmed a man's murder conviction but overturned part of a lower court's decision that found state prosecutors were not obligated to disclose that a state's witness in his trial gave false testimony in another case.

  • April 21, 2026

    Del. Supreme Court Upholds Ruling On Truth Social Shares

    The Delaware Supreme Court has affirmed a lower court ruling granting additional stock to the founding shareholder in the company that took President Donald Trump's Truth Social Media public, turning away a request from the shareholder for a second shot to prove it is owed even more shares.

  • April 21, 2026

    DC Circ. Won't Ax US Bid To Seize Iranian Oil From 2 Tankers

    The D.C. Circuit ruled Tuesday that the U.S. can proceed with seizing more than 700,000 barrels of crude oil from two tankers linked to Iran's state oil company, rejecting a Turkish company's attempt to assert ownership over the oil. 

  • April 21, 2026

    11th Circ. Says Builders Can't Block Biden-Era Labor Mandate

    An association of builders failed to show it would succeed on its claims challenging a Biden-era executive order requiring labor agreements for all federal contracts exceeding $35 million, the Eleventh Circuit ruled, affirming a federal court's decision rejecting the group's request for an injunction.

  • April 21, 2026

    Atty Loses Latest Bid To Delay Prison In $22M Tax Fraud Case

    The U.S. Bureau of Prisons is capable of handling a St. Louis attorney's outpatient needs, a North Carolina federal judge said, denying her request to delay her prison report date after she was convicted of helping perpetrate a $22 million tax fraud scheme.

  • April 21, 2026

    FHFA Says High Court Ruling Dooms Shareholder Verdict

    An attorney for the Federal Housing Finance Agency told the D.C. Circuit on Tuesday that the agency had clear authority to act in its own interest as conservator for Fannie Mae and Freddie Mac in the wake of the 2008 housing market crash rather than prioritize the interest of the companies' shareholders.

  • April 21, 2026

    Texas Panel Says Flooding Fact Issues Save Malpractice Suit

    A Texas appellate court on Tuesday kept in play a property owner's malpractice case accusing a Houston law firm of negligent representation over flood damage claims, ruling that factual disputes remain over whether the claims were time-barred.

  • April 21, 2026

    Fed. Circ. Keeps Banner Witcoff And Saiber Off Patent Case

    The Federal Circuit kept intact the disqualification of two law firms from a patent ownership fight on Tuesday, saying it had not been shown a district judge made a clear error in removing them.

  • April 21, 2026

    Fed. Circ. Backs Micron PTAB Win Over Axed Chip Patents

    The Federal Circuit on Tuesday refused to revive a pair of semiconductor chip patents that Micron Technology was accused of infringing in Idaho federal court, backing the Patent Trial and Appeal Board's findings that they were invalid.

  • April 21, 2026

    11th Circ. Mulls Septic Permit Ban In Fla. Manatee Dispute

    The Eleventh Circuit on Tuesday considered vacating an injunction requiring Florida environmental regulators to temporarily stop issuing new septic tank permits over concerns for the well-being of manatees, with one judge appearing concerned that the ban didn't do enough to address pollution.

  • April 21, 2026

    Kalshi, Tribes Must Weigh In On Pause For 9th Circ. Ruling

    A California federal judge on Tuesday ordered Golden State indigenous groups, KalshiEx Inc. and Robinhood to explain why their fight over allegedly illegal gambling shouldn't be paused pending the Ninth Circuit's decision in a case determining whether Nevada can enforce state gambling laws against prediction markets.

  • April 21, 2026

    2nd Circ. Chilly To Additional Discovery In Cigna Pension Suit

    The Second Circuit on Tuesday seemed reluctant to restart proceedings in a long-running suit against Cigna from retirees who challenged changes to their pensions, appearing unwilling to upend a decision to turn down post-judgment discovery in the class action.

  • April 21, 2026

    Feds Drop 1st Circ. Homelessness Funding Appeal

    Three weeks after the First Circuit declined to pause two orders blocking the U.S. Department of Housing and Urban Development from cutting homelessness funding, HUD has dropped its appeal.

  • April 21, 2026

    NJ Panel Won't Nix Plumber's $2M Injury Trial Win

    A New Jersey appeals court on Tuesday rejected a contractor's bid to throw out a $2 million verdict won by a plumber in an injury suit, saying the contractor could not object to jury instructions that it accepted at trial just because its trial strategy backfired.

  • April 21, 2026

    Students Want MoloLamken As New Lead For Aid-Fixing Case

    Students in an antitrust case against Brown University, the University of Pennsylvania and other elite schools have asked an Illinois federal judge to appoint trial lawyer Steven F. Molo and his firm MoloLamken LLP as lead counsel, touting his courtroom experience and the firm's track record in high-stakes complex litigation.

  • April 21, 2026

    Fed. Circ. Won't Stay Ramey Sanctions, $171K Fee Bill

    The Federal Circuit on Tuesday denied patent litigator William P. Ramey III's attempt to stay a California court's order that he self-report to various disciplinary authorities that he was sanctioned for practicing law without a license, as well as pay a six-figure attorney fee award, pending an appeal.

  • April 21, 2026

    Ga. Attorney Gives Up License After Wire Fraud Conviction

    The Georgia Supreme Court signed off Tuesday on removing the law license of an attorney who pled guilty to conspiracy to commit wire fraud in December and agreed to cooperate with federal prosecutors against a co-conspirator in a scheme involving fraudulent commercial and real estate deals.

  • April 21, 2026

    Ga. Justices Confront Fed, State Power Divide In Bio-Lab Suit

    Georgia's highest court seemed to struggle Tuesday with whether it had the authority to tell a federal judge if residents suing chlorine products company Bio-Lab Inc. over the aftermath of a 2024 fire could ask for medical monitoring as part of their class action.

  • April 21, 2026

    Feds Pan Nadine Menendez's Bail Bid Months After Appeal

    Prosecutors have urged a New York federal judge to reject a bid by Nadine Menendez for bail while she appeals her bribery and corruption conviction, saying her argument falls short of the high bar for release.

  • April 21, 2026

    Fla. Panel Told Court Wrongly Certified Condo Fire Class Suit

    A Florida condominium association urged a state appellate court Tuesday to reverse a decision certifying a class of individuals displaced by a Miami structure fire, arguing the group of residents allegedly affected by the incident wasn't properly defined. 

Expert Analysis

  • Challenging Restitution Orders After Supreme Court Decision

    Author Photo

    The U.S. Supreme Court’s Ellingburg v. U.S. decision from last week, holding that mandatory restitution is a criminal punishment subject to the Sixth Amendment, means that all challenges to restitution are now fair game if the amount is not alleged in the indictment, say Mark Allenbaugh at SentencingStats.com and Doug Passon at Doug Passon Law.

  • State Of Insurance: Q4 Notes From Pennsylvania

    Author Photo

    Last quarter in Pennsylvania, a Superior Court ruling underscored the centrality of careful policy drafting and judicial scrutiny of exclusionary language, and another provided practical guidance on the calculation of attorney fees and interest in bad faith cases, while a proposed bill endeavored to cover insurance gaps for homeowners, says Todd Leon at Marshall Dennehey.

  • Justices' Double Jeopardy Ruling May Limit Charge-Stacking

    Author Photo

    The U.S. Supreme Court’s recent holding in Barrett v. U.S. that the double jeopardy clause bars separate convictions for the same act under two related firearms laws places meaningful limits on the broader practice of stacking charges, a reminder that overlapping statutes present prosecutors with a menu, not a buffet, says attorney David Tarras.

  • How 2025 Recalibrated Fair Use For The AI Era

    Author Photo

    Although the Second Circuit's decision last year in Romanova v. Amilus Inc. did not involve artificial intelligence, its formulation of relevant fair use factors provides a useful guide for lower courts examining AI cases in 2026, demanding close attention from legal practitioners on both sides of these disputes, say attorneys at Cleary.

  • Series

    Adapting To Private Practice: 5 Tips From Ex-SEC Unit Chief

    Author Photo

    My move to private practice has reaffirmed my belief in the value of adaptability, collaboration and strategic thinking — qualities that are essential not only for successful client outcomes, but also for sustained professional satisfaction, says Dabney O’Riordan at Fried Frank.

  • 5 Drug Pricing Policy Developments To Watch In 2026

    Author Photo

    2026 may prove to be a critical year for drug pricing in the U.S., with potential major shifts including several legislative initiatives moving forward after being in the works for years, and more experimentation on the horizon concerning GLP-1s and Section 340B pricing, say attorneys at Manatt.

  • 2026 Int'l Arbitration Trends: Awards Against Sovereign States

    Author Photo

    The enforcement of arbitral awards against sovereign states is one of the most contentious and rapidly evolving areas in international arbitration, with three defining issues on the 2026 horizon: the scope of sovereign immunity, assignability of rights, and availability of fraud and corruption defenses, say attorneys at Cleary.

  • Series

    Law School's Missed Lessons: How To Start A Law Firm

    Author Photo

    Launching and sustaining a law firm requires skills most law schools don't teach, but every lawyer should understand a few core principles that can make the leap calculated rather than reckless, says Sam Katz at Athlaw.

  • Opinion

    What Justices Got Right In Candidate Standing Ruling

    Author Photo

    The U.S. Supreme Court's decision this month in Bost v. Illinois State Board of Elections broadens standing for candidates challenging state election rules, marking a welcome shift from other decisions that have impeded access to federal courts, says Daniel Tokaji at the University of Wisconsin Law School.

  • Justices' Med Mal Ruling May Hurt Federal Anti-SLAPP Suits

    Author Photo

    The U.S. Supreme Court's recent decision in Berk v. Choy restricts the application of certain state laws in diversity actions in federal court — and while the ruling concerned affidavit requirements in medical malpractice suits, it may also affect the use of anti-SLAPP statutes in federal litigation, says Travis Chance at Brownstein Hyatt.

  • Fed. Circ. Patent Decisions In 2025: An Empirical Review

    Author Photo

    In 2025, the Federal Circuit's increased output was not enough to keep up with its ever-growing patent case load, and patent owners and applicants fared poorly overall as the court's affirmance rate fell, says Dan Bagatell at Perkins Coie.

  • Key False Claims Act Trends From The Last Year

    Author Photo

    The False Claims Act remains a powerful enforcement tool after some record verdicts and settlements in 2025, and while traditional fraud areas remain a priority, new initiatives are raising questions about its expanding application, says Veronica Nannis at Joseph Greenwald.

  • Series

    Hosting Exchange Students Makes Me A Better Lawyer

    Author Photo

    Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.

  • Postconviction Law In 2026: A Recalibration, Not A Revolution

    Author Photo

    As the U.S. Supreme Court prepares to issue decisions in several federal postconviction cases in the coming months, the justices appear focused on restoring coherence to a system in which sentencing modification, collateral review and finality increasingly overlap, and success for practitioners will depend on strategic clarity, say attorneys at the Law Offices of Alan Ellis.

  • How Mediation Can Lead To Better Environmental Settlements

    Author Photo

    The Tenth Circuit's recent directive to the parties litigating Denver Water's expansion of the Gross Reservoir and Dam to mediate their dispute is a reminder that mediation in environmental matters can save time and money, and achieve a settlement that helps both sides reach their goals, says Heidi Friedman at Thompson Hine.

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.