Appellate

  • November 02, 2026

    Fed. Circ. Probes Mattress Data In Indonesia Duty Dispute

    The U.S. Department of Commerce should be required to explain why it inconsistently approached data that contains impossibilities from an Indonesian exporter of mattresses during an antidumping duty investigation, counsel for domestic mattress importers and manufacturers told the Federal Circuit on Monday during oral arguments.

  • November 02, 2026

    High Court Rejects Trump's Bid To Set Aside 20K Calif. Ballots

    The U.S. Supreme Court on Monday quickly denied the Trump administration's request to set aside 20,000 California mail-in ballots that the federal government claims were sent to noncitizens.

  • November 02, 2026

    10th Circ. Backs Fee Award In Trade Secret Fight

    The Tenth Circuit has affirmed a Colorado federal court's finding that it lacked jurisdiction over an Illinois couple and their company, which were accused of conspiring to steal trade secrets and give them to a Chinese manufacturer of knockoff products, agreeing they should be granted $183,000 in attorney fees.

  • November 02, 2026

    Quinn Emanuel Lands Former NY State Appellate Judge

    Quinn Emanuel Urquhart & Sullivan LLP announced Monday that it has added a former associate justice of the New York State Supreme Court's Appellate Division to strengthen its ability to handle commercial litigation and appellate matters.

  • November 02, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week allowed a stockholder claim over R1 RCM Inc.'s $8.9 billion buyout to proceed, while investors in Meta Platforms Inc. sued to block a stock restructuring they say would let CEO Mark Zuckerberg sell billions of dollars in shares without giving up control of the company.

  • November 02, 2026

    Full 5th Circ. Won't Review Limited Partner Tax Ruling

    The Fifth Circuit denied a Texas business consulting company's request for the full court to review a panel's revised opinion narrowing a tax break for limited partners, saying no judges sought a rehearing.

  • November 02, 2026

    5th Circ. Keeps UPS Death Suit In Texas Federal Court

    The Fifth Circuit has reversed an order sending a woman's wrongful death claims against United Parcel Service Inc. back to Texas state court, finding the district judge should have allowed UPS to fix a procedural defect rather than remanding on their own accord.

  • October 30, 2026

    Law360 MVP Awards Go To Top Attorneys From 89 Firms

    The lawyers chosen as Law360's 2026 MVPs stand out from their peers by notching significant achievements in high-stakes litigation, complex global matters and record-setting transactions.

  • October 30, 2026

    EssilorLuxottica Keeps Eyewear Antitrust Win At 2nd Circ.

    The Second Circuit on Friday declined to revive a proposed class action in consolidated litigation accusing French-Italian firm EssilorLuxottica SA of monopolizing the U.S. consumer eyewear market, agreeing with the trial court that the indirect purchasers have not plausibly alleged a "premium eyewear market."

  • October 30, 2026

    Fed. Judge A No-Show Amid Inquiry Into Her Mental Health

    U.S. District Judge Ada Brown of the Northern District of Texas failed to appear Friday before a judicial investigative committee examining allegations that she abandoned her post and concerns that a mental condition may be interfering with her ability to perform her duties.

  • October 30, 2026

    Fla. Chief Justice Seeks To Hold Seat Amid Calls For Removal

    Justice Carlos Muñiz is looking to hold his seat on the Florida Supreme Court on Tuesday in his second merit retention election, despite calls by editorial boards around the state to push him off the bench.

  • October 30, 2026

    Split 9th Circ. Won't Let Feds Set Aside 20K Calif. Ballots

    A split Ninth Circuit panel on Friday denied the Trump administration's request for an order requiring California to set aside some 20,000 mail-in ballots it claims were sent to suspected noncitizens, saying the government hadn't shown that "such extraordinary relief, during an ongoing election, is clearly required by law."

  • October 30, 2026

    'Why Would I Deceive You?': Fact-Checking The Holmes Doc

    With former Theranos CEO Elizabeth Holmes' criminal case receiving renewed attention following the recent release of Nathan Fielder and Lance Oppenheim's documentary "You Can See Everything," Law360 answers questions about Holmes' 2022 securities fraud conviction and fact-checks some of the documentary's most talked-about moments.

  • October 30, 2026

    Custodia Urges High Court To Curb Fed 'Tyranny'

    Custodia Bank again urged the U.S. Supreme Court to review a Tenth Circuit ruling allowing regional Federal Reserve banks to deny eligible banks master accounts, saying only the high court can "put an end to the Fed's tyranny over financial innovation."

  • October 30, 2026

    Amazon Aims For Quick Appeal Of Partial Antitrust Class Cert.

    Amazon is seeking permission from the Ninth Circuit to immediately appeal a Washington federal judge's decision partly granting a group of online shoppers' class certification bid in an antitrust lawsuit alleging its vendor pricing policies inflated prices on Walmart and eBay's online marketplaces, according to a recent docket entry. 

  • October 30, 2026

    6th Circ. Backs Gun Ban For Mentally Incompetent People

    A man who law enforcement believes was planning an attack on Fort Knox, Kentucky, can be disarmed without violating his Second Amendment rights, because there is a historical tradition of not allowing people with a mental illness to own firearms, the Sixth Circuit has ruled.

  • October 30, 2026

    What To Know About The North Carolina Supreme Court Race

    The race for one seat on the North Carolina Supreme Court pits a Democratic incumbent looking to safeguard the party's dwindling faction on the court against a former Republican state representative who could increase the GOP's stronghold on the Tar Heel State's often contentious highest bench.

  • October 30, 2026

    Mich. High Court OKs Counting Ballots With Stub Errors

    With Election Day less than a week away, the Michigan Supreme Court denied a bid by the Republican National Committee to review a state appellate court opinion signing off on the state's procedure for counting absentee ballots with missing tabs or with numbers that do not match the number on their secrecy sleeves.

  • October 30, 2026

    9th Circ. Backs Meta In Publisher's Appeal Over Account Ban

    The Ninth Circuit Friday affirmed a lower court's dismissal of a Canadian news site's claim that Meta breached their agreement when it canceled the site's Facebook account, finding that Meta was acting in its capacity as a publisher and is therefore shielded by Section 230 of the Communications Decency Act.

  • October 30, 2026

    Colo. Justices Keep Graduated Income Tax Measure On Ballot

    The Colorado Supreme Court Friday affirmed the dismissal of a man's complaint seeking to have an initiative to raise taxes on the state's wealthiest residents removed from the ballot due to some petition entities not registering their circulators properly with the state.

  • October 30, 2026

    NY Pot Business Program Not Preempted By CSA, Court Says

    A New York state appeals court ended a lawsuit by a group of anti-cannabis activists that challenged state funding for recreational marijuana dispensary buildouts, ruling the funding doesn't conflict with federal drug law.

  • October 30, 2026

    2nd Circ. Rejects Reed Smith's Bid To Halt File Turnover

    The Second Circuit denied Reed Smith LLP's emergency stay request to pause lower court decisions requiring it to turn over client files related to shipping company Eletson on Friday, saying in a succinct order the same day that the bid didn't meet requirements outlined by the U.S. Supreme Court.

  • October 30, 2026

    2nd Circ. To Hear CFTC At Kalshi, Conn. Oral Arguments

    The Second Circuit on Friday said it would permit the U.S. Commodity Futures Trading Commission to share its views on prediction market regulation at upcoming oral arguments between Kalshi and Connecticut regulators.

  • October 30, 2026

    Kalshi Taps Clement For High Court Sports Contracts Fight

    Kalshi has hired appellate heavyweight Paul D. Clement of Clement & Murphy PLLC to represent the company in its potential U.S. Supreme Court battle over whether the prediction markets platform's sports wagering is subject to state or federal oversight.

  • October 30, 2026

    9th Circ. Revives NFL Sunday Ticket Antitrust Verdict

    The Ninth Circuit ruled Friday that a lower court was wrong to scrap a $4.7 billion jury verdict against the National Football League in a class action over the price of its Sunday Ticket broadcast package, but ordered a new trial on the damages.

Expert Analysis

  • DC Circ. Ruling Clarifies Standards For Buy America Waivers

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    The D.C. Circuit's recent decision to uphold a Federal Railroad Administration Buy America waiver offers clarifying guidance about assessing domestic availability, distinguishing manufacturing capabilities from future production plans and creating a well-supported administrative record, says Todd Overman at Bass Berry.

  • 3rd Circ. Ruling Opens Door For Fraud-On-The-Market Rethink

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    The Third Circuit's recent decision in Ocugen, holding that a stable stock price after publication of restated financials does not prove immateriality, could be a vehicle for the U.S. Supreme Court to overturn the doctrine undergirding certification of securities class actions, says Jonathan Richman at Brown Rudnick.

  • 5 Issues To Watch As Fed. Circ. Hears Moderna Vax IP Case

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    Upcoming oral arguments before the Federal Circuit in Arbutus v. Moderna will test whether patent liability protections for government contractors extend to vaccines distributed to the public, and the resolution of certain questions, such as how to define “for the government,” may be key to the outcome, say attorneys at Honigman.

  • PFAS Ruling Extinguishes A Policyholder Path To Coverage

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    Following an Ohio federal court's recent ruling in Fire-Dex v. Admiral Insurance, policyholders whose PFAS exposure is concentrated in workplace products will see bids for coverage fail under the occupational-disease exclusion, giving insurers a defense well suited for the category of claims that has been most resistant to pollution exclusions, say attorneys at Benesch.

  • When Insurer Insolvency Won't Trigger Excess Coverage

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    With its recent decision in A.R. Wilfley v. National Union Fire Insurance, the Colorado Supreme Court joins a growing national consensus enforcing clear and unambiguous anti-drop-down policy language in umbrella and excess policies, says Michael Kotula at Rivkin Radler.

  • How DC Circ. Ruling Permits Playacting Bribery Defense

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    The D.C. Circuit’s recent U.S. v. Burke decision appears to create a circuit split on whether prosecutors must prove public officials’ intent in bribery cases, and opens a gap between what appears to be corrupt conduct and what the law can reach, says Liz Aloi at MoFo.

  • Series

    Being In The Peace Corps Made Me A Better Lawyer

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    When I served in the Peace Corps, the people of the West African village where I was stationed helped me acclimate to my new surroundings and enabled me to develop problem-solving, teamwork and empathy skills that have bolstered my legal practice far beyond the ability to offer technical advice, says Brian Bewley at McGuireWoods.

  • Remote Work Ruling Clarifies Calif. Law Limits, With Caveats

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    Although a California state appeals court's recent decision in Saberin v. Alation confirmed that California employment laws do not operate extraterritorially merely because a company is headquartered in the state, employers shouldn't construe this as authorization to relocate decision-makers to circumvent statutory obligations, says Hallie Aylesworth at Sheppard.

  • EPA Rollback Puts Power Plant GHG Rules In Flux

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    The U.S. Environmental Protection Agency's recent actions on power plant greenhouse gas emissions create immediate implications for power plant operators and long-term regulatory uncertainty, while raising questions about the relationship between federal and state approaches to climate-related litigation, say attorneys at Van Ness Feldman.

  • What $5.7B Apple Verdict Reveals About Patent Risk

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    A California federal jury's recent $5.7 billion damages verdict against Apple exemplifies the enormous financial exposure that can occur when patent-infringing features are incorporated into many units, though the outcome is ultimately dependent on the strength of the underlying infringement, validity and damages theories, says Michael Dorfman at Barclay Damon.

  • Dissecting Dodd's, Gensler's Prediction Market Amicus Briefs

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    Former Sen. Chris Dodd and former U.S. Commodity Futures Trading Commission Chairman Gary Gensler's recent amicus briefs in support of New Jersey's petition for U.S. Supreme Court review of Kalshi v. Flaherty draw on legislative history to counter the CFTC's claim of federal preemption over the prediction markets, says Trace Schmeltz at Steptoe.

  • What Colo. High Court Will Weigh In Insurer Disclosure Case

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    In Bohanan v. Esurance, the Colorado Supreme Court will decide whether an insurance policy must be produced to a claimant notwithstanding the insurer's coverage position, and the court's interpretation of what "may be relevant to the claim," in the statute, will be paramount, say attorneys at Burg Simpson.

  • 6th Circ. Spotlights Cannabis Contract Enforceability Risks

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    The Sixth Circuit's recent reversal of a $31.8 million jury verdict against a subsidiary of cannabis giant Curaleaf highlights that state licenses do not necessarily provide the legal foundation needed to enforce contracts in federal court, which is a pattern that appears across many sectors, say attorneys at ArentFox Schiff.

  • Preventing HOA Bias After Wash. Ruling Highlights Risk

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    Because homeowners nationwide can now draw on precedent from a recent Washington state appellate decision holding that state antidiscrimination law forbids homeowners associations from biased enforcement of their rules, common-interest communities should immediately work to mitigate their expanded exposure to postsale fair housing liability, says Brett Sullivan at Fennemore.

  • 2nd Circ. Eases Employer Defense Of Dress Code Rules

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    The Second Circuit recently sided with Starbucks in a ruling that makes it easier for companies to defend dress code policies against unfair labor practice challenges, but employers shouldn't read it as a license to ban union insignia, say attorneys at Shipman & Goodwin.

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