Appellate

  • August 24, 2026

    Childcare Center Late To Claim Tax Break, Minn. Justices Told

    A Minnesota childcare center failed to meet the statutory deadline for seeking a property tax exemption and was not entitled to judicial review of the tax break's denial, a county told the state Supreme Court, urging it to reverse a state tax court decision.

  • August 24, 2026

    6th Circ. Upholds Mich. City's Pride Flag Ban

    The Sixth Circuit has affirmed a district court decision letting a city near Detroit bar Pride and other non-national flags from city-owned flagpoles, ruling that Hamtramck, Michigan, lawfully converted its flagpoles into a forum for government speech when it restricted which flags could be displayed. 

  • August 24, 2026

    DirecTV Opposes Nexstar's High Court Bid In Fee Case

    DirecTV has urged the U.S. Supreme Court not to grant a petition for review in the satellite provider's case accusing Nexstar of working with two other station owners to fix retransmission fees, arguing DirecTV's past licensing deals show it has standing to sue.

  • August 24, 2026

    2nd Circ. Backs Amazon Workers After Conn. High Court Win

    The Second Circuit Monday vacated Amazon's temporary win in a wage class action, saying the Connecticut Supreme Court's more recent conclusion that state law requires compensation for employee time spent awaiting and undergoing mandatory security screenings is "squarely at odds" with a federal district judge's original decision.

  • August 24, 2026

    11th Circ. Affirms $9M Loss For Chinese Circuit Board Maker

    The Eleventh Circuit has affirmed a $9.2 million judgment for the U.S. distributor of a Chinese circuit board manufacturer after finding that the manufacturer's lawsuit did not put the distributor's U.S. affiliate on notice it was being sued for its Hong Kong-based affiliate's unpaid invoices.

  • August 24, 2026

    Rising Star: Hogan Lovells' Jo-Ann Sagar

    Jo-Ann Sagar of Hogan Lovells Cadwalader represented Danco Laboratories in the high court's abortion medication case, and helped secure a win for incarcerated people with mental illness, earning her a spot among the appellate law practitioners under age 40 honored by Law360 as Rising Stars.

  • August 24, 2026

    ATI Retirees To Appeal Toss Of Pension De-Risking Suit

    Former ATI employees will ask the Third Circuit to reopen a proposed class action alleging the aerospace company put their retirement benefits at risk by converting $1.5 billion in pension obligations to insurance-backed annuities, according to a filing in Pennsylvania federal court.

  • August 24, 2026

    DOJ Says House Dems Can't Sue Over ICE Visit Notice Rule

    The U.S. Department of Justice has urged a federal appeals court to throw out a lawsuit brought by House Democrats challenging a policy that requires seven days' notice for congressional oversight visits to immigration detention facilities.

  • August 24, 2026

    Software Co. Can't Arbitrate Conn. Judicial Branch Dispute

    A Massachusetts software company on Friday lost its bid to force the Connecticut Judicial Branch into private arbitration over claims it was not fully paid for working on a court case management system decades ago, with a panel concluding the state's waiver of sovereign immunity allowed only a Superior Court lawsuit.

  • August 24, 2026

    Paul Weiss Hires Goodwin Atty To Lead Supreme Court Team

    Paul Weiss Rifkind Wharton & Garrison LLP has tapped a Goodwin Procter partner with extensive appellate experience to lead its U.S. Supreme Court practice, the firm said Monday.

  • August 24, 2026

    10th Circ. Won't Revisit Netflix's 'Tiger King' Fair Use Win

    The Tenth Circuit will not reconsider its ruling that Netflix's use of a 66-second funeral clip in its hit "Tiger King" docuseries was fair use, leaving intact a decision that rejected copyright claims brought by the videographer who shot the video.

  • August 21, 2026

    6th Circ. Revives Freddie Mac Subprime Suit From '08 Crash

    The Sixth Circuit Friday revived a long-running securities suit brought by the Ohio Public Employees Retirement System against Freddie Mac and several of its former executives, holding that a district court erred in granting a summary judgment win for the government-backed enterprise and also denying class certification.

  • August 21, 2026

    3rd Circ. Nixes Fee Award, Allowing Lontex-Nike TM Deal

    The Third Circuit has granted clothing-maker Lontex Corp. and Nike Inc.'s joint bid to nix an attorney fees ruling after the parties reached a settlement in a lawsuit over Nike's use of the phrase "cool compression," saying this was "one of the rare cases" where a vacatur is appropriate.

  • August 21, 2026

    9th Circ. Rules Workers' Vaccine Bias Suit Must Go To Trial

    The Ninth Circuit ruled Friday that a jury must decide workers' religious-discrimination claims against the Washington Department of Fish & Wildlife, finding the lower court erred in concluding the agency accommodated the workers' religious-exemption requests from a COVID-19 vaccine mandate by offering them limited reassignment options.

  • August 21, 2026

    Split DC Circ. Nixes Damages Over Project Veritas Sting Video

    A split D.C. Circuit panel sided Friday with the founder and former CEO of conservative activist media group Project Veritas, reversing $130,000 in damages stemming from the group's sting operation on the liberal consulting firm Democracy Partners.

  • August 21, 2026

    Wash. AG Pauses OG Case As 9th Circ. Weighs Preemption

    Washington's attorney general and its gambling commissioners have agreed to hold off on enforcing the state's gambling laws against prediction market platform OG, run by the North American Derivatives Exchange, while the Ninth Circuit decides related appeals that could resolve the underlying legal dispute.

  • August 21, 2026

    9th Circ. Tosses Calif. Ghost Gun Suit Over Standing

    A Ninth Circuit panel on Friday vacated a lower court ruling that struck down part of a Bureau of Alcohol, Tobacco, Firearms and Explosives ghost gun regulation, finding California and the Giffords Law Center to Prevent Gun Violence lacked standing to sue on the grounds that the regulation did not go far enough in defining various "ghost gun" parts.

  • August 21, 2026

    Kalshi Wants Wash. Ban Axed After State 'Blessed' Competitor

    Kalshi has urged a Washington state court to reconsider a recent order blocking the company from offering event contracts to the state's residents in most of its prediction market categories, raising equitable findings concerns and pointing to Washington's recent "blessing" of event contracts offered by one of Kalshi's competitors.

  • August 21, 2026

    Divided 2nd Circ. Backs DQ Of Acting NDNY US Attorney

    The Second Circuit on Friday upheld a lower court's decision that found the acting U.S. attorney for the Northern District of New York, John Sarcone III, was unlawfully serving in his position when he obtained grand jury subpoenas of the New York attorney general's office.

  • August 21, 2026

    Colo. Appeals Panel Clarifies Destruction Of Wildlife Statute

    A Colorado Court of Appeals panel Thursday provided clarification on the state's willful destruction of wildlife statute, finding that a hunter who abandoned an animal carcass after collecting only its trophy parts without intending to return violated the law even if they returned at a later date.

  • August 21, 2026

    Trump Seeks Justices' Review Of DEI Grant Termination Case

    The Trump administration is urging the U.S. Supreme Court to review a Ninth Circuit decision requiring the federal government to reinstate research grants that were terminated due to presidential orders against diversity, equity and inclusion initiatives.

  • August 21, 2026

    Calif. Panel Creates Exception To Successive Prosecution Ban

    A California state appeals court panel has upheld the convictions of a man who illegally bought large-capacity magazines, creating a new exception to a rule barring successive prosecutions for multiple related crimes that have already resulted in judgments.

  • August 21, 2026

    Fed. Circ. Tosses Suit Over 'Misleading' Patent Language

    The Federal Circuit on Friday affirmed a lower court's dismissal of a lawsuit brought by inventor advocacy groups challenging what they called misleading language on patent covers, saying the groups had not shown a threat of future injury.

  • August 21, 2026

    Balancing The Scales: Diminished Capacity, Sentencing Rules

    The Michigan Supreme Court has overturned 25 years of state precedent by reviving the diminished capacity defense, and the justices in Pennsylvania said the Legislature is out of time to craft new sentencing guidelines for second-degree murder. Here, Law360 highlights access to justice stories arising from litigation, verdicts and judgments you may have missed.

  • August 21, 2026

    DC Circ. Voids Block On OMB Funding Freeze

    The D.C. Circuit on Friday vacated a district judge's block on the Trump administration's pause on a wide array of federal grants, loans and financial assistance, ruling that the Office of Management and Budget's rescission of the memorandum rendered the lawsuit moot.

Expert Analysis

  • 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.

  • Series

    Choral Singing Makes Me A Better Lawyer

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    Singing in the New York City Bar Chorus — a hobby partly inspired by the late U.S. District Judge Richard Owen, who infused my clerkship year with opera music — has improved my legal career by refining my abilities to listen, exude confidence and develop emotional intelligence, says Bonnie Baker at Friedman Kaplan.

  • Attorney Mental Health Is An Ethical Obligation In The AI Era

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    As attorneys cope with the increasing unpredictability that artificial intelligence and constant policy changes have created, particularly in practice areas where they carry the emotional weight of clients’ most consequential life events, otherwise soft discussions about self-care are a matter of professional competence, says attorney Jack Jrada.

  • Tariff Refunds May Reshape Loan Covenant Calculations

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    Tariff refunds issued after the U.S. Supreme Court's Learning Resources decision may complicate borrowers' covenant calculations depending on accounting treatment, the timing of recognition, customer reimbursement obligations and credit agreement language, say attorneys at Mayer Brown.

  • The Case For Using Final-Offer Damages Forms In IP Suits

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    Recent Federal Circuit decisions, such as Ollnova v. Ecobee, that scrutinize verdict forms in patent infringement disputes potentially render the final-offer damages selection procedure more attractive, though it should not be seen as a replacement for patent damages doctrine, says Brandon Theiss at Addy Hart.

  • NY Defamation Carveout Hinges On Causation, Not Labels

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    A New York federal court's decisions in two cases involving tortious interference claims, and the recent Second Circuit ruling in Satanic Temple v. Newsweek Digital, highlight that the dispositive question for alleged defamation is whether injury flows through reputation or through direct interference with a relationship, says attorney Andrea Natale.

  • The Hidden Settlement Problem In Complex Securities Cases

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    The Second Circuit's recent decision in Knapp v. Barclays is a reminder that in securities cases with complex corporate records, the tracing picture is rarely as settled as the complaint suggests, and that conversations in the early stages require everyone to work from the same underlying facts, says Peter Kamminga at JAMS.

  • Key Tips For Patenting Antibody-Drug Conjugate Inventions

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    Recent decisions highlight the significant challenges that can arise when patenting antibody-drug conjugates, which require strategic considerations for satisfying heightened written description and enablement requirements, says Xiaoban Xin at FisherBroyles.

  • Series

    Power To The Paralegals: Burnout As A Structural Problem

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    Law firm leadership can best retain their paralegals not by encouraging self-care, but by seeking top-down structural solutions for the quiet proliferation of responsibilities and the vicarious exposure to client trauma that particularly drive burnout in this vital role, says Erika Sneeringer at Brockstedt Mandalas.

  • Managing Post-IEEPA Tariff Refunds, Replacements And Risks

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    Companies and investors reeling from the rapid changes resulting from February's U.S. Supreme Court ruling that the International Emergency Economic Powers Act doesn't authorize tariffs should focus on understanding the duty refund process, the likely replacement tariffs and the operational ways they can minimize their tariff exposure, say attorneys at Debevoise.

  • 11th Circ. Ruling Reflects Shift In Digital Consent Frameworks

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    The Eleventh Circuit's recent decision in Tejon v. Zeus Networks that a browsewrap terms-of-service hyperlink was insufficiently conspicuous to bind a consumer to an arbitration agreement could accelerate a broader industry shift to clickwrap as the baseline for enforceable digital consent, say attorneys at Sheppard.

  • Class Actions At The Circuit Courts: June Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five recent rulings from cases involving allegations of internet data misuse, consumer fraud claims, immigration, insurance and First Amendment violation claims.

  • Fed. Circ. In May: Being Precise About 'About'

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    The Federal Circuit's decision in Enviro Tech v. Safe Foods last month illustrates the danger in attempting to expand claim scope with words of approximation, potentially causing claims to be invalid for lack of definiteness, say attorneys at Knobbe Martens.

  • Justices' FCC Fine Ruling May Weaken Agency Leverage

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    The U.S. Supreme Court's decision in Federal Communications Commission v. AT&T upheld the commission's forfeiture framework as consistent with Jarkesy, but it is also likely to reduce the effectiveness of the commission’s forfeiture proceedings as a collection and deterrence tool, say attorneys at Venable.

  • Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

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    An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

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