Appellate

  • July 16, 2026

    Mich. Appeals Panel Says Tax Sale Claims Must Follow Statute

    The Michigan Court of Appeals has affirmed a lower court's dismissal of a suit brought by former property owners seeking the return of surplus proceeds from tax foreclosure sales, saying in a published opinion the property owners did not follow the necessary statutory process when filing their complaint.

  • July 16, 2026

    Noncitizens Awaiting U Visas Not Entitled To Leave, Reenter

    The Eleventh Circuit said noncitizens who were victims of the Parkland high school shooting, and their families, are not entitled to leave and reenter the country while awaiting their special visas for assisting law enforcement in investigating the crime.

  • July 16, 2026

    11th Circ. Affirms Quarry Valuation Sank $23M Easement Perk

    A 103-acre tract's best alternative use is not an aggregate quarry, the 11th Circuit ruled Thursday, rejecting the valuation that supported a partnership's $23 million deduction claim for donating the Georgia property as a conservation easement.

  • July 16, 2026

    'Top Gun' Article Heirs Ask Justices To Review Similarity Test

    The heirs of the journalist whose 1983 magazine article inspired the original "Top Gun" movie have asked the U.S. Supreme Court to revive their copyright lawsuit over "Top Gun: Maverick" and resolve what they call a circuit split over how courts should compare allegedly similar works.

  • July 16, 2026

    5th Circ. Upholds Gun Ban Against Domestic Abuser

    The Fifth Circuit ruled that a man convicted of domestic violence cannot have his right to own a firearm restored despite the U.S. Supreme Court's expansion of gun rights in recent years, and that Congress did not exceed its constitutional authority by limiting his Second Amendment rights.

  • July 16, 2026

    NC Panel Tells State Bar To Rethink Ex-Judge's Suspension

    The North Carolina Court of Appeals has partially reversed a disciplinary order against a former state court judge facing a suspension of his law license for a string of alleged misconduct on and off the bench, finding certain professional violations he is accused of committing lacked evidentiary support.

  • July 16, 2026

    Calif. Tells 9th Circ. AI Disclosure Law Helps Consumers

    The state of California has pressed the Ninth Circuit to affirm a district court's decision denying xAI's injunction request against a state law requiring artificial intelligence companies to disclose what's included in training their models, saying the law advanced "an important governmental interest" in providing transparency to the public.

  • July 16, 2026

    Fed. Circ. Revives Commerce's Korean Steel Duty Findings

    The U.S. Department of Commerce can adjust its countervailable duty rate for a South Korean steel manufacturer by reconsidering earlier determinations, a Federal Circuit panel said Thursday, reversing a trade court ruling that made the department stick with its older findings.

  • July 16, 2026

    Mich. Justices Back Conviction Despite 'Medical Torture' Flub

    The Michigan Supreme Court has ruled that a child abuse expert for the prosecution should not have told jurors in a child abuse trial that she diagnosed a young victim with "medical torture," but it unanimously concluded that the error did not warrant a new trial because other evidence overwhelmingly supported the conviction. 

  • July 16, 2026

    NJ Panel Says Insurer, Not Driver, Owed Auto Damage Proof

    A New Jersey appellate panel held Thursday that the burden of proof was on an insurer, not a driver, in a coverage dispute stemming from a blown head gasket that rendered her vehicle inoperable, vacating the insurer's win and remanding for a new trial.

  • July 16, 2026

    3rd Circ. Partly Revives Hospitals' ERISA Suit Against Cigna

    The Third Circuit on Thursday revived some ERISA contract claims in a New Jersey hospital network's suit alleging Cigna underpaid out-of-network reimbursements by $114 million, but backed the dismissal of the network's fiduciary duty claims.

  • July 16, 2026

    Fed. Circ. Vacates $12.7M Copyright Award Against Gov't

    The Federal Circuit on Thursday vacated a $12.7 million copyright award against the federal government over unauthorized copies of software for a project on military health records, holding that the trial judge improperly relied on the project's later cancellation and awarded enhanced damages for willful infringement against the government.

  • July 16, 2026

    2nd Circ. Shields Switzerland From Credit Suisse Bond Suit

    In a published opinion Thursday, the Second Circuit affirmed the dismissal of a $372 million bondholder suit against Switzerland over the 2023 collapse of Credit Suisse AG and the reduction in value of $17.3 billion of debt securities, agreeing with a New York judge that the country is immune from being sued in U.S. district court.

  • July 16, 2026

    Pa. Appeals Panel Reinstates Union's FMLA Arbitration Win

    A Pennsylvania appeals panel on Thursday said a lower court was wrong to scrap an arbitrator's conclusion that a school district violated a collective bargaining agreement by forcing a teacher recovering from surgery to use leave guaranteed by federal law to cover her absence.

  • July 16, 2026

    8th Circ. Rejects Rehearing Bid Over Spotty Murder Video

    The Eighth Circuit won't rethink an order that upheld the sentences of a mother and son convicted of the murder of a man on the Cheyenne River Sioux Indian Reservation, after the pair argued that footage of the incident shouldn't have been admitted because of gaps in the recording.

  • July 16, 2026

    Blue-Slip-Backed Trump Judge Selections Advance

    The first two judicial nominations of the second Trump administration to receive supportive blue slips from Democratic senators advanced to the Senate floor Thursday.

  • July 16, 2026

    Nonprofits Back Ex-Defender's High Court Sex Bias Petition

    The Georgia Association for Women Lawyers and the Legal Accountability Project have asked the U.S. Supreme Court for permission to file an amicus curiae brief in support of Caryn Devins Strickland and her effort to get the high court to review her sex harassment case against the judiciary.

  • July 16, 2026

    Fed. Circ. Backs Canon PTAB Wins Over Inkjet Sensor Patents

    The Federal Circuit on Thursday upheld the Patent Trial and Appeal Board's decisions to invalidate all claims Canon had challenged in three Slingshot Printing patents covering chips and temperature sensors in inkjet printers.

  • July 16, 2026

    Immigration Board Clarifies Burden To Argue Bad Counsel

    The Board of Immigration Appeals has clarified the requirements to reopen removal proceedings due to ineffective counsel, saying a copy of a bar complaint and proof of its filing are needed, or an explanation as to why one wasn't filed.

  • July 16, 2026

    Aramark Asks Full 5th Circ. To Nix Aetna ERISA Arbitration Bid

    Food services company Aramark urged the full Fifth Circuit to deny Aetna's request to arbitrate allegations that it cost Aramark millions by bungling health benefits claims, arguing that the insurer is attempting to twist U.S. Supreme Court precedent to kick the case out of court.

  • July 16, 2026

    3 Sitting Judges Eye Montoya-Lewis' Wash. High Court Spot

    Since Washington Supreme Court Justice Raquel Montoya-Lewis announced in January she wouldn't seek a second term on the high court, three sitting judges have entered the race for her open seat: a Seattle state trial court judge, a member of Washington's Court of Appeals and a superior court judge in rural Mason County.

  • July 15, 2026

    Circuit-By-Circuit Guide To The US Supreme Court's Term

    Federal appeals courts had wide-ranging successes and struggles during the U.S. Supreme Court's recently completed term: One had its best showing in years following its worst showing in years; one felt déjà vu after recently starting to find favor with the justices; and one saw its reputation for independence occupy a rare role in the Supreme Court spotlight.

  • July 15, 2026

    Intel, Google Fight 'Free Rein' Given To USPTO Head

    Intel and Google have asked the U.S. Supreme Court to vacate a Federal Circuit ruling upholding the U.S. Patent and Trademark Office's precedent allowing Patent Trial and Appeal Board petitions to be denied based on related litigation, saying the ruling essentially gives the patent office director "free rein."

  • July 15, 2026

    Oil Giants Can't Move Chicago's Climate Suit, 7th Circ. Says

    The Seventh Circuit on Wednesday kept the city of Chicago's climate deception suit against BP, Shell and other oil giants in Illinois state court, saying the oil companies could not lean on their fuel production for the federal government to remove the case to federal court.

  • July 15, 2026

    Texas Appeals Court Flips $9M Misrepresentation Verdict

    A Texas appellate court reversed a $9 million verdict awarded to an energy engineering and construction company, saying the construction company failed to show economic harm beyond the loss of a contractual benefit and therefore its negligent misrepresentation claim was barred.

Expert Analysis

  • Looking At Drake's Diss Track Appeal Through An IP Lens

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    Though Drake's pending Second Circuit appeal over UMG's promotion of Kendrick Lamar's "Not Like Us" is formally about defamation, it shows that IP considerations can help identify records showing how a work traveled, which may guide courts when deciding context, says attorney Abdul Abdullahi.

  • Series

    Bass Fishing Makes Me A Better Lawyer

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    Landing a trophy striped bass and closing a big deal both require cultivating the patience to finesse — not force — your way to desired outcomes, changing course when your old approach isn’t working and learning from the ones that got away, says Jon Ruiss at Alston & Bird.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q2

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    The year's second quarter brought several notable banking law developments to New York, including a proposal to align state stablecoin rules with the federal Genius Act, fresh fair lending and cybersecurity guidance from state regulators, and a significant Second Circuit holding on preemption, say attorneys at Ashurst Perkins Coie.

  • PacifiCorp Ruling Shows Limits Of Aggregate Wildfire Loss Models

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    An Oregon appeals court's recent decision in James v. PacifiCorp illustrates that in litigation involving multiple wildfires, materially different causation theories, and evidence tied to particular fires and locations, a single undifferentiated damages model is vulnerable to attack, say Paige Van Oosten and Jason Kim at Hunton and Kevin Cahill at FTI Consulting.

  • Roundup

    The Most Talked-About Supreme Court Decisions Of 2026

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    This term, 11 U.S. Supreme Court decisions quickly became hot topics among Law360's guest writers.

  • A New Defense For Medicaid Fraud Cases In Texas

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    The Texas Supreme Court decision in LabCorp v. Texas last month, finding that the state's False Claims Act requires proof that an omission is material, is among the first to establish that the government's lack of reaction to the defendant's disclosures rendered alleged omissions immaterial, say attorneys at Sheppard.

  • Fighting The Evidentiary Risks Of Deepfakes In Court

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    Though courts and federal rules are only slowly developing frameworks for assessing digital evidence that could have been created or generated by artificial intelligence, litigators should understand what steps they'll likely need to take to successfully challenge potentially deepfaked exhibits — and fight questions about the authenticity of their own, say attorneys at MoFo.

  • Justices' Cuba Ruling Narrowly Recasts Sovereign Immunity

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    The U.S. Supreme Court recently allowed Exxon Mobil's bid for $1 billion in damages for Cuban-seized property to proceed, but the ruling's doctrinal significance is in treating the Helms-Burton Act as a later, specific and self-contained statutory displacement of the default jurisdictional immunity regime, says Josep Galvez at 4-5 Gray's Inn.

  • 'Tiger King' Funeral Clip Ruling Offers Fair Use Road Map

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    The Tenth Circuit's decision in Whyte Monkee v. Netflix that the streaming service's use of another party's funeral footage in the docuseries "Tiger King" constituted fair use lays out a framework for producers to apply the four statutory fair use factors to their own projects, says Frank D’Angelo at Loeb & Loeb.

  • Justices Stand On Statutory Specifics In Cisco And Landor

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    With its June 23 decisions in Cisco Systems Inc. v. Doe and Landor v. Louisiana Department of Corrections and Public Safety, the U.S. Supreme Court doubled down on the critical point that the statute invoked in a federal claim must authorize a private lawsuit and the remedy sought, says Patrick Judd at Phelps Dunbar.

  • Justices' Concurrences Foretell Fault Line On Appeal Waivers

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    The U.S. Supreme Court recently ruled 8-1 in Hunter v. U.S. that appeal waivers that produce a miscarriage of justice are unenforceable, but the decision's concurrences indicate future divisions over whether this exception will be used as a rare safety valve or to police ordinary but troubling plea errors, say attorneys at RJO.

  • How Montgomery Ruling Will Affect Cos. Across Supply Chain

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    Since the U.S. Supreme Court's May 14 decision in Montgomery v. Caribe Transport II, the immediate focus has been on freight brokers and negligent carrier-selection claims, but the ripple effects may extend to shippers, logistics providers, insurers, transportation managers and other participants in the supply chain, say attorneys at Quintairos Prieto.

  • High Court's FCC Fine Ruling Reframes Agency Enforcement

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    The U.S. Supreme Court's recent decision in Federal Communications Commission v. AT&T sweeps aside uncertainty about what kinds of regulatory enforcement trigger a Seventh Amendment right, say attorneys at Squire Patton.

  • How 6th Circ. Tightened NLRB Injunction Standard

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    The Sixth Circuit's recent ruling in Kerwin v. Trinity Health Grand Haven Hospital, dissolving a Section 10(j) injunction obtained by the National Labor Relations Board against an employer that refused to bargain, will make it harder for the NLRB to obtain injunctions while prosecuting unfair labor practice proceedings, say attorneys at Bass Berry.

  • After Durnell, Connecting Science And Causation Will Be Key

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    The U.S. Supreme Court's June 25 decision in Monsanto v. Durnell narrowed label-based failure-to-warn claims — meaning that going forward, viable theories will depend even more on whether experts can reliably connect scientific evidence to the causal proposition the law requires, says Alex Smolak at Weill Cornell Medicine-Qatar.

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