Appellate

  • June 10, 2026

    Ga. Panel Won't Revive Health System Wrongful Death Suit

    One of Georgia's largest healthcare providers was rightly freed from a wrongful death suit filed against it by a group of siblings who allege that their father died in one of its affiliate hospitals after undergoing surgery at a separate hospital in 2017, a state appeals court said. 

  • June 10, 2026

    DC Circ. Asked To Freeze DOJ's Medical Pot Rescheduling

    A trade association for drug-testing companies and a biopharma firm developing marijuana-derived drugs have urged the D.C. Circuit to hit pause on a U.S. Department of Justice rule rescheduling state-sanctioned medical pot while their challenge to the policy change plays out.

  • June 10, 2026

    Mich. Panel Overturns Conviction In Gov. Kidnapping Plot

    A man sentenced to decades in prison for participating in a plot to kidnap Michigan Gov. Gretchen Whitmer in 2020 had his convictions vacated when a Michigan appeals panel found kidnapping was not a violent felony and couldn't support the terrorism charge upon which his other convictions rested.

  • June 10, 2026

    Appeals Panel Flags AI Concerns As It Reverses Lower Court

    A Georgia school district is immune from some claims in a trio of race discrimination suits brought by Black former principals, a state appeals court ruled Wednesday, overturning a lower court order it said contained mistakes and at least one "hallucinated" case law reference.

  • June 10, 2026

    Florida Appeals Court Revives Asset Probe Of Law Firm

    A Florida appeals court said Wednesday that real estate investment firm Sasha Investments LLC should not have been blocked from seeking discovery from a law firm to collect on a $2.1 million default judgment.

  • June 10, 2026

    Judicial Noms Say Biden Won, But Critics Fault Their Caveats

    Three district court nominees on Wednesday said President Joe Biden won the 2020 election, a departure from other judicial nominees in the second Trump administration, but court watchers on the left took issue with how they couched those statements.

  • June 10, 2026

    IP Notebook: Cox's Reach, 'Top Gun' Appeal, 'Lazy' Videos

    This round of Law360's review of emerging copyright and trademark issues looks at the ripple effects from the U.S. Supreme Court's ruling on secondary copyright liability and highlights looming high court bids over "Top Gun" and Roberto Clemente's likeness on commemorative license plates.

  • June 10, 2026

    9th Circ. Grants Family Stay On Removal Amid Policy Conflict

    A divided Ninth Circuit en banc panel has issued a stay protecting a Peruvian family from deportation amid their appeal of a removal order, finding that further en banc briefing and oral argument made clear that such relief is warranted.

  • June 10, 2026

    Del. Under-21 Gun Law Fight Pits Safety Against Age Rights

    Delaware officials defending a law that restricts handgun access for most 18- to 20-year-olds urged the state's high court on Wednesday to uphold the measure as a reasonable public safety regulation, while challengers argued that the statute unlawfully strips constitutional rights from an entire class of legal adults based solely on age.

  • June 10, 2026

    Fired Black Teacher Appeals NC School's Race Bias Suit Win

    A Black teacher who claims he was fired from a public charter school in North Carolina for teaching a novel about racial justice is taking his discrimination case to the Fourth Circuit after a federal judge sided last month with the school, court records show.

  • June 10, 2026

    Pa. Country Clubs' Dues Are Tax-Exempt, Panel Affirms

    A Pennsylvania township's business privilege tax cannot apply to the dues, fees and assessments collected by two country clubs because the tax can apply only to for-profit businesses, a panel for the Commonwealth Court ruled Wednesday.

  • June 10, 2026

    National Grid Attorney Among Picks For Mass. State Bench

    Massachusetts Gov. Maura Healey announced three new judicial nominees for the state's intermediate and lower courts on Wednesday, including a senior litigation attorney at National Grid.

  • June 10, 2026

    Pa. Atty Suspended For Trust Account Use As 'Clearinghouse'

    A Pittsburgh-area attorney's law license was suspended Wednesday for a year and a day after he allegedly used his IOLTA account as a "clearinghouse" to move money for nonclient third parties, according to the Pennsylvania disciplinary board.

  • June 10, 2026

    DOJ Says Student Borrowers' Suit Is Moot After Rule's Vacatur

    The Trump administration is urging a D.C. federal judge to toss a lawsuit seeking to revive the Biden-era SAVE student loan repayment rule, arguing that the case is moot because there is no rule left to enforce after the Eighth Circuit ordered the plan vacated in March.

  • June 10, 2026

    Family Seeks Full Fed. Circ. Review In Utah Tribal Death

    A Utah tribal member's family is asking the full Federal Circuit to reconsider a decision that the federal government isn't liable for his shooting death, arguing that the U.S. can't prevail on arguments that two previous rulings in the dispute were based on inaccurate Fourth Amendment analysis.

  • June 10, 2026

    2nd Circuit Rejects Nadine Menendez's Bail Bid During Appeal

    A Second Circuit panel rejected Nadine Menendez's request for bail pending an appeal of her conviction in a bribery scheme involving her husband, former U.S. Sen. Robert Menendez, concluding the legal questions raised were not substantial enough to delay the start of her four-and-a-half-year prison term.

  • June 10, 2026

    5th Circ. Rejects Gov't Bid To Revisit Home Distilling Ban

    The Fifth Circuit denied the U.S. government's request for the full court to review a three-judge panel's April opinion finding the tax code's ban on distilling whiskey at home unconstitutional after another appeals court's opposite conclusion affirmed the ban.

  • June 09, 2026

    5 Firms Barred From Handling NFL Parkinson's Claims

    Five law firms have been disqualified from representing claimants seeking NFL concussion settlement funds for running a scheme that "laundered" questionable Parkinson's disease claims through the system to obtain $95 million, including $20 million in fees, a special masters' report issued Monday says.

  • June 09, 2026

    9th Circ. Says UPS Wage Suit Arbitration Order Is 'Clear Error'

    The Ninth Circuit directed a district court on Tuesday to vacate an order that forced a former UPS driver to arbitrate her wage claims against the shipping solutions chain, saying the lower court committed "clear error" by refusing to determine the basis for its authority to compel arbitration.

  • June 09, 2026

    Crystallex Warns Of Delay Tactic In Citgo Sale Appeal

    Defunct Canadian miner Crystallex on Friday urged the Third Circuit to order Venezuela's counsel to prove its authority as the country challenges an order greenlighting the nearly $6 billion sale of Citgo to satisfy billions of dollars of its debt, pointing to the new administration of Delcy Rodriguez.

  • June 09, 2026

    9th Circ. Grants Rare Rehearing In Kat Von D Tattoo Fight

    The Ninth Circuit agreed Tuesday to take the rare step of having a larger panel rehear a copyright dispute over Kat Von D's Miles Davis tattoo, vacating a ruling that upheld the celebrity tattoo artist's trial win.

  • June 09, 2026

    5th Circ. Pushes FDA On Block Of Flavored Vapes

    A Fifth Circuit panel pressed the U.S. Food and Drug Administration to explain how an apparently uniform denial of flavored e-cigarettes would not fall under federal rulemaking, saying Tuesday that the agency's decision-making seemingly "squawks like a rule."

  • June 09, 2026

    Key Freight Broker Negligence Win A 'Relief' For Plaintiffs Atty

    The U.S. Supreme Court's ruling that freight brokers might also be liable under state law for selecting unsafe motor carriers involved in catastrophic crashes will ultimately improve highway safety by ensuring that the industry's longtime gatekeepers strengthen their vetting protocols, according to a plaintiffs attorney who helped secure the pivotal win.

  • June 09, 2026

    Philly Violated Cornerstone Of Bankruptcy Law, 3rd Circ. Says

    The Third Circuit on Tuesday revived part of a pro se debtor's long-running bankruptcy fight against Philadelphia holding the city must face civil contempt sanctions for collecting on a lien after his debt was discharged, saying it "violated" one of the "historic cornerstones" of bankruptcy, which is a discharge's finality.

  • June 09, 2026

    Colo. Panel Unsure Surgeon Solely Liable For $67M Judgment

    A Colorado Court of Appeals panel pushed back Tuesday on oral arguments from counsel for a healthcare company arguing a surgeon was exclusively liable for the $67 million judgment entered in an underlying medical malpractice suit under the "captain of the ship" doctrine.

Expert Analysis

  • 2nd Circ.'s Embedded Video Ruling May Protect Publishers

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    The Second Circuit's recent decision in Richardson v. Townsquare, dismissing an infringement claim arising from an embedding of a YouTube-hosted interview, reaffirms a potent defense for publishers who regularly use social media platforms' embed functionality, says Amanda Harris at Jassy Vick.

  • Federal Officer Removal After Justices' La. Pollution Ruling

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    In the wake of the U.S. Supreme Court's recent ruling in Chevron USA v. Plaquemines Parish, companies seeking to use federal officer removal to move litigation out of state court should ask three questions, focusing on government contract language, federally directed activity and related conduct, say attorneys at Hollingsworth.

  • Series

    Competing At Poker Makes Me A Better Lawyer

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    Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

  • Revisiting TransUnion's Underused Standing Rule, 5 Years On

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    The Ninth Circuit Court of Appeals' recent use of the U.S. Supreme Court’s now five-year-old TransUnion v. Ramirez rule specifying that the "mere risk of future harm" isn't concrete enough to support a damages claim presents an opportunity to revisit this underutilized standing rule, say attorneys at Horvitz & Levy.

  • 5 Things Associates Must Ask About Their Firm's Merger Plan

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    The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

  • Uncertainty Looms After Justices' Withdrawal Liability Ruling

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    The U.S. Supreme Court's recent holding in M&K Employee Solutions v. Trustees of the IAM National Pension Fund increases the unpredictability of withdrawal liability assessments, so employers should prepare for a range of assessments and be equipped to challenge unreasonable ones, say attorneys at Winston Taylor.

  • CFTC Trading Rule Can't Police Prediction Markets Yet

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    The Commodity Futures Trading Commission’s recent efforts to police insider trading in prediction markets through a post-Dodd-Frank anti-fraud rule exposes doctrinal gaps around misappropriation theory, leaving platforms to fill the void with win-rate-based surveillance, says attorney Tamara de Silva.

  • Columbia Software IP Ruling Tests Royalty Damages Model

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    The Federal Circuit's recent decision in Columbia University v. Gen Digital, vacating a damages verdict involving foreign software sales, provides guidance on ambiguities surrounding the worldwide royalty damages model established by the court's decision in Brumfield v. IBG two years ago, say attorneys at Munger Tolles.

  • Turning To The Courts When PBM Reform Falls Short

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    The effectiveness of state laws intended to regulate pharmacy benefit managers remains uncertain, but litigation — utilizing tried-and-true theories like breach of contract and fair dealing — offers another mechanism through which stakeholders may seek relief from PBMs, say attorneys at Reed Smith.

  • Opinion

    Immigration Appeals Rule Would Prevent Meaningful Review

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    Justice Stephen Breyer’s book “Making Our Democracy Work” offers a useful lens through which to consider what is at stake for the Executive Office for Immigration Review's legitimacy as the government asks the D.C. Circuit to revive an interim final rule that would have fast-tracked decisions by Board of Immigration Appeals, says Tara Kennedy at Kennedy Law.

  • 2 'Rocket Dockets' And The Rules That Propel Them

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    The fastest civil trial courts in the country are currently in the Eastern District of Virginia and the Southern District of Florida, and their chief judges provide insights into the court rules that keep them ahead, says Robert Tata at Hunton.

  • Retailer Risk Reduction Tips As Email Marketing Suits Surge

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    Amid a flood of email marketing lawsuits following last year's Washington Supreme Court ruling in Brown v. Old Navy, retailers seeking to avoid high litigation costs can take several steps to reduce risks by focusing on their email subject lines advertising sales, says Gonzalo Mon at Kelley Drye.

  • Why Nuclear Licensees Must Watch 2nd Circ.'s Holtec Review

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    In reviewing a New York federal court's preemption ruling concerning disposal of nuclear materials, the Second Circuit must confront the lower court's recognition of a purpose-based path to field preemption, which could be game-changing for nuclear material licensees, says Andrew Averbach at Womble Bond.

  • Calif. Ruling Lowers Bar For Health Data Breach Claims

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    The California Supreme Court's ruling in J.M. v. Illuminate Education offers protection for non-healthcare companies that maintain health-related data but also adopts a new and more plaintiff-favorable standard for breach of confidentiality that companies maintaining any health-related data should address, say attorneys at Cooley.

  • Florida Atty Fees Ruling Could End Expert Testimony Mandate

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    For over 60 years, Florida appellate courts have required an evidentiary hearing and expert testimony to support the reasonableness of an attorney fee award, but the Florida Sixth District Court of Appeal's recent Ruffenach v. Deutsche Bank National Trust ruling could make substantive changes to this requirement, say attorneys at RumbergerKirk.

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