Appellate

  • August 31, 2026

    EPA Sued Over Herbicide Challenged As Likely Carcinogen

    Environmental organizations urged the Ninth Circuit on Friday to review the Trump administration's recent approval of a herbicide, trifludimoxazin, that critics describe as a likely carcinogen that could pose risks to wildlife and human health.

  • August 31, 2026

    3rd Circ. Says History Backs NJ Telehealth License Rule

    The Third Circuit on Monday upheld New Jersey's requirement that out‑of‑state physicians obtain a state medical license before consulting with in-state patients via telemedicine, concluding that the rule fits a centuries‑old tradition of regulating medical practice and does not trigger strict First Amendment scrutiny.

  • August 31, 2026

    9th Circ. Won't Rehear Eye Drop Antitrust Suit Despite Dissent

    A forceful dissent from a pair of Ninth Circuit judges wasn't enough to keep the full appellate court from letting stand a panel decision preserving wholesalers' district court win accusing the maker of Clear Eyes drops of illegal price discrimination favoring Costco.

  • August 31, 2026

    Jones Day Vet Returns After 'Intense' Run In High DOJ Post

    An appellate attorney who fought some of the second Trump administration's biggest legal battles — involving immigration, the environment, spending conditions and more — is rejoining Jones Day after more than a year in the U.S. Department of Justice's top ranks, the firm announced Monday.

  • August 31, 2026

    How Did Litigants Fare In Judge Albright's 55 Patent Trials?

    U.S. District Judge Alan Albright oversaw more than 50 patent trials between his 2018 arrival on the bench and planned Monday departure, and in a surprise for many attorneys, there was a near-even split between victories for patent owners and accused infringers.

  • August 31, 2026

    Mich. Court Upholds 2 Probate Ballot Decisions

    A Michigan state appeals court on Friday issued rulings in two disputes over the November ballot for the Wayne County Probate Court, allowing Vanessa Moss to remain on the ballot while affirming the exclusion of Susan L. Hubbard, in separate challenges over campaign finance filings and nominating petition signatures. 

  • August 31, 2026

    5th Circ. Hints At Dismissal Of Abortion Travel Assistance Suit

    A Fifth Circuit panel seemed hesitant of a bid by abortion-rights nonprofits to revive their lawsuit challenging Texas laws enacted before Roe v. Wade was overturned that made it a felony to aid a woman seeking an abortion out of state, saying Fifth Circuit precedent already undid the laws.

  • August 31, 2026

    6th Circ. Says Binoculars Justified Search Of Suspect's Truck

    A Sixth Circuit panel has ruled a man accused of stalking his estranged wife in Tennessee cannot suppress guns and other evidence found in his truck, saying binoculars left in plain view on his center console gave officers reason to search the vehicle without a warrant.

  • August 31, 2026

    Fed. Circ. Upholds Block On MSN Cancer Drug In Exelixis Win

    The Federal Circuit on Monday rejected MSN Laboratories' argument that three Exelixis patents on the blockbuster cancer drug Cabometyx are invalid, while dismissing as moot an appeal on a fourth patent, a ruling Exelixis said will block MSN's generic version until 2030.

  • August 31, 2026

    Ill. Panel Says E-Monitoring Law Doesn't Bar Pretrial Release

    An Illinois state appeals court has vacated a trial court's decision to keep a teenage murder defendant incarcerated before trial, saying a state law forbidding electronic home monitoring for people convicted of serious crimes does not apply to those released on bond pending trial.

  • August 31, 2026

    Conn. Justices Order Murder Retrial Over 'Misleading' Deal

    The Connecticut Supreme Court on Monday ordered the retrial of a man convicted for allegedly orchestrating the murder of a woman pregnant with his child, finding a prosecutor failed to correct misleading testimony that a key cooperating witness had no "deal" with the government.

  • August 31, 2026

    Senators Say Roblox, Discord Can't Arbitrate Sex Abuse Suit

    Sens. Dick Durbin, Richard Blumenthal and Kirsten Gillibrand are urging a California state appeals court to reject Discord Inc. and Roblox Corp.'s bid to compel arbitration in a suit from a teenager alleging he was groomed and abused on the platforms.

  • August 31, 2026

    DC Circ. Sides With FERC On Pipeline Project Approval

    The Federal Energy Regulatory Commission made no mistake when it greenlit a project to improve the East Tennessee Natural Gas pipeline and to allow the energy company to push the cost of those improvements along to customers, the D.C. Circuit has ruled.

  • August 31, 2026

    5th Circ. Judges Cast Doubt On Fight Over La. LNG Permit

    A Fifth Circuit panel on Monday expressed skepticism that environmental groups had standing to challenge Louisiana's approval of a preconstruction permit for a major liquefied natural gas export terminal in Cameron Parish.

  • August 31, 2026

    States Ask Fed. Circ. To Revive Their Temporary Tariff Claims

    Two dozen states pushed the Federal Circuit on Monday to revive their specific claims against now-expired temporary tariffs while simultaneously pushing the panel to otherwise back the U.S. Court of International Trade's ruling that the tariffs were illegal.

  • August 31, 2026

    9th Circ. Revives Salvadoran's Bid For Torture Protection

    The Ninth Circuit has faulted the Board of Immigration Appeals for creating a "quantitative evidence" requirement in assessing a Salvadoran's bid under the Convention Against Torture to avoid deportation to El Salvador, saying that no such requirement exists.

  • August 31, 2026

    Paul Mitchell Urges 9th Circ. To Untangle False Ad Class

    Paul Mitchell urged the Ninth Circuit Monday to decertify a class of customers alleging the company deceptively concealed its animal testing in China while touting its U.S. haircare products as cruelty-free, arguing there's no evidence that all class members saw and relied on its cruelty-free labels before their purchases.

  • August 31, 2026

    3rd Circ. OKs Ex-Biofuel Execs' Fraud Subsidy Convictions

    The Third Circuit upheld two former biofuels executives' fraud convictions tied to IRS and EPA fuel subsidies, denying them a retrial based on claims that a Pennsylvania lower court improperly refused to provide jurors more information on the agencies' regulations.

  • August 31, 2026

    11th Circ. Upholds $800K Award In Venezuelan Takeover Suit

    The Eleventh Circuit on Monday upheld an $800,000 jury verdict that found two former Miami bank directors accused of working for the Venezuelan government were liable for the bank's financial difficulties.

  • August 31, 2026

    Ramey Wants Full Fed. Circ. To Reconsider $207K Sanctions

    William Ramey of Ramey LLP has urged the full Federal Circuit to review his liability for more than $207,000 in sanctions in a client's patent infringement suit against Volkswagen, arguing that his notices of appeal were faulty but still adequately identified him as a party.

  • August 31, 2026

    Investors Can't Escape Danish Tax Fraud Case, 2nd Circ. Says

    Four investors and their pension plans owe $476 million for their role in a tax fraud scheme against the Danish government, the Second Circuit affirmed Monday, rejecting the investors' contention that they are beyond the reach of Danish revenue collectors.

  • August 31, 2026

    GOP Asks Justices To Lift Block In Campaign Ad Pricing Case

    Republican fundraising committees have asked the U.S. Supreme Court to lift a Fourth Circuit order blocking the Federal Communications Commission from extending discounted television and radio advertising rates to committees that buy spots in coordination with political candidates, arguing the lower court prematurely jumped into the review process.

  • August 31, 2026

    Kioxia Seeks To Undo 'Tainted' $229M Viasat IP Verdict

    Kioxia Corp. urged a Texas federal court Friday to throw out a $229 million patent verdict for Viasat Inc. and order a new trial or grant it a win, arguing that "numerous errors tainted the jury's award."

  • August 31, 2026

    Fed. Circ. Affirms Samsung Didn't Infringe Mobile Tech Patent

    The Federal Circuit on Monday upheld a lower court's decision to deny a new trial in a case accusing Samsung of infringing a mobile device technology patent, saying Samsung had shown "ample" evidence cutting against infringement.

  • August 31, 2026

    High Court Allows Trump To Continue Ballroom Construction

    A split U.S. Supreme Court ruled Monday that President Donald Trump can continue construction of a new White House ballroom while litigation over the project's legality continues. 

Expert Analysis

  • 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.

  • 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.

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