Appellate

  • August 11, 2026

    4th Circ. Sides With Outback In Contentious Injury Suit

    The Fourth Circuit has freed Outback Steakhouse's Florida branch from a slip-and-fall suit that went through two contentious trials, finding that the trial court did not abuse its discretion in booting the plaintiff's original attorney from the case, excluding a new expert witness report or allowing Outback to strike the only two Black prospective jurors.

  • August 11, 2026

    IP Notebook: 'Iceman' Logjam, Gemini Fight, Stealth Bot Bill

    A crowded trademark race over the "Iceman" nickname and a clash over Google's efforts to expand its Gemini AI brand top this edition of Law360's look at emerging copyright and trademark issues.

  • August 11, 2026

    9th Circ. Blocks Hawaii Gun Rule Following High Court Ruling

    The Ninth Circuit has stopped Hawaii from enforcing portions of a gun law that banned firearms on private property without the property owner's consent, after the U.S. Supreme Court held a gun rights group and three state residents were likely to succeed in their lawsuit challenging that component of the law.

  • August 11, 2026

    Full Fed. Circ. Declines To Revisit Design Patent Test

    The full Federal Circuit on Tuesday refused to review the test for proving design patent infringement, rejecting a massage device maker's argument that the court has strayed from U.S. Supreme Court precedent but drawing a dissent arguing the court has "messed up" the law.

  • August 11, 2026

    9th Circ. Would Lose 5 States In Latest Reorganization Bid

    Republicans are once again trying to break up the U.S. Court of Appeals for the Ninth Circuit, which has long been dominated by judges appointed by Democratic presidents.

  • August 11, 2026

    Fed. Circ. Revives Man's Vax Injury Case, Citing Mail Delay

    The Federal Circuit reversed a U.S. Court of Federal Claims decision that rejected a man's case seeking vaccine injury compensation, concluding that the court wrongly faulted him for the late arrival of his petition.

  • August 11, 2026

    Mich. County Urges Panel To Clarify FOIA Duties

    Wayne County, Michigan, asked a state appeals court Tuesday to determine whether separate offices within the same county must each respond to duplicate public records requests, arguing multiple responses could unnecessarily expose taxpayers to attorney fees and costs.

  • August 11, 2026

    Cumulus Can't Yet Enforce Tying Injunction Against Nielsen

    The Second Circuit may have upheld a preliminary injunction blocking Nielsen from making Cumulus Media buy its local offerings to gain access to its national radio ratings data, but a New York federal judge says that injunction can't be enforced until the circuit court decides whether it will rehear the case en banc.

  • August 11, 2026

    FedEx Urges Justices To Assess Limits On PTAB RPI Appeals

    FedEx Corp. has asked the U.S. Supreme Court to scrutinize a Federal Circuit decision declining to review whether Qualcomm complied with real-party-in-interest requirements in petitions challenging FedEx patents, despite the U.S. Patent and Trademark Office conceding an error in the case.

  • August 11, 2026

    Judge Probes 7th Circ. Fallout Of Ending Gender Care Fight

    An Illinois federal judge questioned Tuesday what would become of a pending appeal before the full Seventh Circuit if he allows the American Academy of Pediatrics to voluntarily dismiss, without prejudice, its challenge to a Florida racketeering probe over the medical group's gender-affirming care guidelines, an issue one attorney predicted would be "hotly contested."

  • August 11, 2026

    Rebel Wilson Seeks To Boost Cross Suit Against Producers

    A California state court judge at a Tuesday hearing said he would give more thought to whether Rebel Wilson can file a third amended cross-complaint against producers of her musical film "The Deb," who accused the actress of defamation after Wilson's attorney disputed that the proposed complaint contained "inflammatory" language.

  • August 11, 2026

    'ICEBreakers' Sue Fla. College Over Violating Right To Protest

    Several students sued Miami university officials in a First Amendment action brought Tuesday in Florida federal court, alleging they were wrongly disciplined for participating in a silent protest against federal immigration enforcement tactics during a campus event earlier this year.

  • August 11, 2026

    NY Archdiocese Renews Call For Chubb Punitive Damages

    The Archdiocese of New York is taking a second bite at the apple in state appeals court with a request for punitive damages against Chubb, alleging the insurer ran a "shadow campaign" against the archdiocese even as it was defending the church against a slew of sex abuse lawsuits.

  • August 11, 2026

    DC Circ. Says FERC Properly Allowed Grid Project Cost Shift

    The D.C. Circuit on Tuesday backed Federal Energy Regulatory Commission orders greenlighting the exemption of a Kansas electricity cooperative's transmission projects from a regional grid operator's process to determine how project costs are divided before they're approved.

  • August 11, 2026

    Fed. Circ. Says Brick Duty Lacks Definition, Offers Alternative

    The U.S. Court of International Trade properly found that duty orders on certain heat-resistant bricks lack specific chemical makeup parameters, offering a broad exclusion for one type of brick that may be better challenged with a circumvention proceeding, a Federal Circuit panel ruled Tuesday.

  • August 11, 2026

    1st Circ. Won't Immediately Stay TPS Work Permit Cap

    The First Circuit has declined to administratively stay the federal government's move to limit work authorization for immigrants with temporary protected status, but set a Friday deadline to complete briefing and indicated a swift ruling is coming.

  • August 11, 2026

    FTC Tells DC Circ. No Harm From Dropped NewsGuard Probe

    The Federal Trade Commission told the D.C. Circuit that NewsGuard has not shown irreparable harm from a subpoena that was later withdrawn, or from the terms of a merger settlement, in a case accusing the commission of retaliating against the news rating group.

  • August 11, 2026

    DOJ Drops 3rd Circ. Bid For Pa. Hospital Trans Patient Info

    The U.S. Department of Justice has dropped its request for the Third Circuit to review a district court's order quashing its demand for records on patients who received gender-affirming care at a University of Pittsburgh Medical Center children's hospital, effectively ending its subpoena fight in the district.

  • August 11, 2026

    NC Wants A Retrial In Killing Of NBA Star's Grandfather

    State prosecutors told a North Carolina Court of Appeals panel during arguments on Tuesday that a trial court judge overstepped by vacating the convictions of four men found guilty as teenagers of murdering NBA star Chris Paul's grandfather in 2002, saying the only remedy was to order a new trial.

  • August 11, 2026

    8th Circ. Says Rape Kit Victim Can't Sue Over Delay

    The Eighth Circuit has ruled that a Minnesota woman lacks standing to sue a police department that failed to test her rape kit evidence for over 16 years, because police decisions on how or whether to investigate a crime are discretionary functions.

  • August 11, 2026

    Ga. Justices Call For Balancing Privacy Rights In Herpes Suit

    Georgia's top court ruled Tuesday that the privacy rights of a man accused of giving his ex-girlfriend genital herpes must be balanced against her interest in obtaining medical records to support her claims, resolving what the justices called a novel question.

  • August 11, 2026

    Viks Ask Conn. Justices To End Deutsche Bank's 2nd Lawsuit

    Alexander Vik and his daughter have asked the Connecticut Supreme Court to spare them from a revived Deutsche Bank AG lawsuit that claims they disrupted a Norwegian software company's share sale designed to partially satisfy a $243 million English court judgment, arguing a lower appeals court ruling was flawed.

  • August 11, 2026

    Fed. Circ. Says Floor Importers Forfeited Duty Rate Appeal

    Importers forfeited arguments in an appeal to the U.S. Court of International Trade's ruling that sustained revised antidumping duties on Chinese wood flooring, according to an opinion in favor of the U.S. government published Tuesday.

  • August 11, 2026

    4th Circ. Says Late Notice Bars $5.1M Fatal Crash Coverage

    The Fourth Circuit said an insurer owes no defense or coverage for a $5.1 million default judgment against a truck driver in a wrongful death case, finding the insurer wasn't timely notified of the underlying suit and a federally mandated policy endorsement for motor carriers doesn't extend to the driver.

  • August 11, 2026

    10th Circ. Revives Pizza Driver's Minimum Wage Suit

    A pizza delivery driver who alleged his employer failed to cover his vehicle expenses has won a second chance at his minimum wage claims after the Tenth Circuit ruled Tuesday that the district court made a fundamental error by deciding a merits question under the guise of a standing analysis.

Expert Analysis

  • Series

    Moshing Makes Me A Better Lawyer

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    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • High Court Ruling Casts Doubt On Status-Based Gun Bans

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    The U.S. Supreme Court’s recent ruling in U.S. v. Hemani demonstrates that the justices are increasingly skeptical of broad theories of categorical disarmament and clarifies that dangerousness cannot simply be presumed from one's status or membership in a statutory category, such as illegal drug use, says Lee Francis at Widener Law.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

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    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • Steps For Employers After 7th Circ. BIPA Retroactivity Ruling

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    The Seventh Circuit's recent ruling in Clay v. Union Pacific sharply limits per-scan statutory damages theories in pending Biometric Information Privacy Act cases by retroactively applying a 2024 amendment, but employers should not mistake the holding for a broad safe harbor, say attorneys at Thompson Coburn.

  • How NEPA Review Has Changed Since Seven County

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    A year after the U.S. Supreme Court's decision in Seven County Infrastructure Coalition v. Eagle County instituted major changes to judicial review under the National Environmental Policy Act, courts are effectively applying the decision, but where things go from here may be up to agencies and project proponents, say attorneys at Venable.

  • A Midyear Look At Antiterrorism Act Jurisprudence And Policy

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    Plaintiffs have filed comparably fewer new actions under the Antiterrorism Act this year, though a handful of key decisions further defined the statute’s aiding-and-abetting standard and highlighted continuing risks for financial services companies, say attorneys at Skadden.

  • Justices' ICA Ruling Provides Certainty For Regulated Funds

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    The U.S. Supreme Court's recent ruling in FS Credit v. Saba that a contract-rescission provision of the Investment Company Act does not provide investors with a private right of action is a victory for the regulated fund industry, emphasizing that where Congress intended to create private remedies, it did so expressly, say attorneys at Simpson Thacher.

  • Justices' Obstruction Ruling Clears Venue-Challenge Path

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    While the U.S. Supreme Court’s recent ruling in Abouammo v. U.S. poses venue challenges for federal obstruction of justice prosecutions, it is a gift for defense counsel because it offers a clean, constitutional basis to challenge venue where a place of falsification and a place of investigation diverge, says Liz Aloi at MoFo.

  • Drawing A Line Between Settlement Pressure And Extortion

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    U.S. v. Luo, pending in the U.S. District Court for the Southern District of New York, may force courts to address anew when settlement negotiations become criminal extortion, particularly in the age of easily fabricated digital evidence, says attorney Denis Kiely.

  • Recent Cases Clarify When Risk Disclosures Trigger Liability

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    Several recent decisions highlight circumstances where risk disclosures can constitute actionable misrepresentations, providing clarity on how the Private Securities Litigation Reform Act's safe harbor and the common-law bespeaks caution doctrine apply to risk disclosures, and how publicly traded companies can guard against such claims, say attorneys at Katten.

  • Securities Class Cert., 5 Years After Goldman Ruling

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    The U.S. Supreme Court's 2021 decision in Goldman Sachs Group v. Arkansas Teacher Retirement System has not only armed defendants in securities cases with more arguments in individual class certification fights, but may also be providing greater certainty and finality in class certification battles, say attorneys at Skadden.

  • Opinion

    Md., Colo. Climate Rulings Point To Need For Federal Solution

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    As the U.S. Supreme Court prepares to review the Colorado Supreme Court's 2025 ruling in Boulder County v. Suncor U.S. Inc., which green-lit a state-level climate lawsuit, a recent conflicting ruling from the Maryland Supreme Court underscores why a uniform federal answer on climate litigation is needed now, says Phil Goldberg at Shook Hardy.

  • High Court's FCC Ruling Adds To Comms Industry Paradox

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    The Supreme Court's recent decision in Federal Communications Commission v. AT&T, finding that the FCC's informal forfeiture process survives Seventh Amendment scrutiny, opens some doors for regulated entities, but the practical effect may be surprisingly constrained, says Jonathan Marashlian at The CommLaw Group.

  • Series

    Founding An Autism Academy Made Me A Better Lawyer

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    Starting a nonprofit autism school with no building, no funding model and no guarantee that families would trust us taught me the importance of mission, patience and purpose — lessons that sharpened my practice and showed how meaningful work outside the office can make lawyers better, says Phillip Russell at Ogletree Deakins.

  • Why Private Sector Should Watch Gov't DEI Firing Class Bid

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    Former federal employees' class certification attempt in Fell v. Trump is worth following, as their challenge of the Office of Personnel Management's elimination of DEI positions raises questions about commonality in employee classes and protections for nonminority advocacy that reach beyond the public sector, says Shaun Southworth at Southworth PC.

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