Appellate

  • April 21, 2026

    Ohio Appeals Panel Questions Google Common Carrier Case

    An Ohio appeals panel raised several questions on Tuesday about the manageability of a bid to designate Google's search engine as a common carrier and whether the effort would regulate online speech.

  • April 21, 2026

    NJ Panel Rejects Arbitration In Wrongful Death Suit

    A staffing company and New Jersey's public transportation provider must face in court claims they negligently caused a vehicle crash that killed a woman, a state appeals court ruled, saying there isn't proper evidence to support the claim the woman signed an arbitration clause.

  • April 21, 2026

    Breyer Says 'Shadow Docket' Not A Top Court Power Grab

    Retired U.S. Supreme Court Justice Stephen Breyer said Tuesday that the rise of the so-called shadow docket is a consequence of the post-COVID era and not a bid to usurp influence by the high court. 

  • April 21, 2026

    Georgia Panel Tosses $123K Fee Award After Defense Win

    A Georgia appellate panel tossed on Tuesday an award of $123,000 in attorney fees to defense counsel after their win in a medical malpractice trial, ruling that a state judge failed to show how she arrived at the figure.

  • April 21, 2026

    Texas Court Weighs If $42M Gas Trespass Verdict Is Time-Barred

    A Texas appellate court wanted to know when the clock started ticking to file suit in a trespassing case involving an energy company that allegedly interfered with nearby wells by injecting toxic gas underground, asking Tuesday whether the nearly $42 million verdict against the energy company should stand.

  • April 21, 2026

    Justices Look Split In 7th Amendment Feud Over FCC Fines

    Several U.S. Supreme Court justices seemed convinced Tuesday that Federal Communications Commission fines are nonbinding unless enforced and don't deprive alleged rule violators of the right to a jury trial, but some colleagues still questioned whether the parties sanctioned by the agency have a meaningful chance of facing a jury.

  • April 21, 2026

    IP Notebook: Global Copyright, ChatGPT TM, Rogers Test

    This round of Law360's look at emerging copyright and trademark issues includes a forthcoming U.S. Supreme Court appeal with global implications for copyrights, and OpenAI's setback in its effort to register "ChatGPT" as a trademark.

  • 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.

Expert Analysis

  • Challenging Restitution Orders After Supreme Court Decision

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.

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