Appellate

  • May 01, 2026

    11th Circ. Backs NLRB In Row Over Plant Guards' Status

    The Eleventh Circuit on Friday affirmed the National Labor Relations Board's ruling that lieutenants who oversee guards at a Florida power plant are not union-ineligible supervisors, backing the board's finding that they don't use judgment when writing up lower-level workers.

  • May 01, 2026

    DOJ Asks 4th Circ. To Revive Children's Hospital Subpoena

    The U.S. Department of Justice is asking the Fourth Circuit to reverse a district court order quashing its subpoena of transgender minor records from Children's National Hospital in Maryland, arguing that the patients' families — who sued to block the subpoena — lacked standing to bring a HIPAA challenge.

  • May 01, 2026

    How Paul Clement Does It All

    For most lawyers, getting to argue before the U.S. Supreme Court is a once-in-a-lifetime event, but for a select few, it's a common occurrence. Clement & Murphy PLLC name partner Paul Clement is one of those lawyers. 

  • May 01, 2026

    Pizzeria Urges 6th Circ. To Strike Fed's Debit Swipe-Fee Cap

    A Kentucky restaurant is urging the Sixth Circuit to overturn the Federal Reserve Board's cap on debit-card swipe fees for large banks, arguing the cap was set too high and was wrongly upheld by a lower court last year.

  • May 01, 2026

    Texas Plastics Co. Seeks To Nix Full Captive Rules In 5th Circ.

    A plastics company is appealing a Texas district court's decision to partially vacate IRS regulations that listed captive insurance as potentially abusive tax avoidance schemes and will ask the Fifth Circuit to strike down the entire set of regulations, according to a notice.

  • May 01, 2026

    Texas Panel Finds No Shield For Paralegal From Stalking Suit

    A Texas appeals court has refused to throw out a suit from an attorney alleging a paralegal stalked, harassed and threatened her, finding that the paralegal's statements and communications aren't shielded by the Texas Citizens Participation Act.

  • May 01, 2026

    NY Court Nixes Assault Plea Over Unsuppressed Statements

    A New York City man sentenced to three years probation in 2022 for assault should have been allowed to suppress statements he made to an arresting officer, a New York appeals court has said, vacating his guilty plea.

  • May 01, 2026

    Ex-Bondi Adviser Tapped As Fraud Task Force's Chief Lawyer

    Ousted U.S. Attorney General Pam Bondi's former adviser is taking on a new role as general counsel for the White House's fraud task force.

  • April 30, 2026

    Defamation Litigation Roundup: Loomer, Patel, Carroll

    In this month's review of defamation fights, Law360 explores a Florida federal court ruling rejecting a suit by right-wing provocateur Laura Loomer against a popular comedian, as well as developments in a case by former real estate executives against a trade publication for reporting on sexual assault allegations against them.

  • April 30, 2026

    5 States Join Bid To Block $6.2B Nexstar-Tegna Merger

    Five states on Thursday joined a coalition of others who sued to challenge Nexstar Media Group Inc.'s then-proposed $6.2 billion merger with Tegna Inc., alleging in an amended antitrust complaint that the currently frozen deal will eliminate consumers' choices for local news and diminish diversity in news coverage.

  • April 30, 2026

    Mich. Appeals Court Revives Bounce House Back Injury Suit

    A Michigan court has revived a negligence suit brought by a 29-year-old man who claims he was seriously injured when he performed a backflip in a bounce house at an indoor children's amusement facility, saying a jury should decide if Family and Friends Funland should have had an employee supervising the inflatable playscape.

  • April 30, 2026

    Maryland Judges Ask 4th Circ. To Rebuke Habeas Order Suit

    Maryland federal judges urged the Fourth Circuit to decisively affirm a decision scrapping the Trump administration's challenge of a standing order that briefly blocks the removal of noncitizens who file habeas petitions, saying the unprecedented lawsuit deserves a precedential rebuke.

  • April 30, 2026

    Wash. Justices Split Asbestos Claims Against Insulation Biz

    The Washington Supreme Court on Thursday said the estate of an oil refinery maintenance worker cannot bring certain construction-related claims against an insulation company over his asbestos exposure, yet it can still bring claims over the company's role as a seller of asbestos-containing products.

  • April 30, 2026

    Mass. AG, Auditor Brace For High-Stakes Constitutional Clash

    A closely watched separation-of-powers test is playing out in Massachusetts, where the Bay State auditor will argue to the state's top court in a hearing next week that the attorney general is stonewalling her from conducting a voter-approved audit of the state legislature.

  • April 30, 2026

    Monsanto Keeps Trial Win In Roundup Cancer Case

    A California state appeals court has affirmed a defense verdict for Monsanto in a Roundup cancer lawsuit, saying the trial court did not allow improper regulatory evidence concerning the herbicide.

  • April 30, 2026

    Texas Panel Reopens Malpractice Suit Over 'Death Penalty'

    A Texas appeals court on Thursday revived a couple's legal malpractice suit accusing their former personal injury attorney of letting their car accident claims die, finding the trial court wrongly used a death penalty discovery sanction to exclude all the couple's evidence before trial.

  • April 30, 2026

    Texas Court Rules Atty Can't Dodge Billionaire's Fraud Claims

    A Texas appeals court kept intact a suit brought by the billionaire co-founder of Rackspace Technology Inc. alleging his former attorney aided his wife in a "contentious" divorce, saying Thursday that the attorney can't use the state's anti-SLAPP law to evade the suit.

  • April 30, 2026

    Muscogee Disputes Okla. County's Jurisdiction On Tribal Land

    The Muscogee Creek Nation has taken its fight to the Tenth Circuit to block Tulsa County's district attorney from exercising criminal jurisdiction on its reservation, appealing a lower court decision allowing the prosecutor to try and punish Native Americans who aren't members of the tribe.

  • April 30, 2026

    Texas Panel Backs Amazon Over Delivery Photo Showing Child

    An Amazon package delivery driver did not invade a Texas family's privacy when a proof-of-delivery photo inadvertently included the family's naked minor child standing by the family's glass front door, a Texas appellate court ruled Thursday, affirming judgment in favor of the e-commerce giant in the family's tort lawsuit.

  • April 30, 2026

    Juror Dishonesty Doesn't Warrant New Trial, 4th Circ. Says

    The Fourth Circuit on Thursday ruled that a West Virginia man convicted of distributing fentanyl is not entitled to a new trial after it was discovered a juror in his case lied about being the subject of a massive federal corruption investigation nearly a decade before trial.

  • April 30, 2026

    Ga. Panel Scraps Sanctions Over Special Master's Unpaid Bill

    A Georgia appellate panel threw out Thursday a contempt order entered against plaintiffs suing a host of chemical companies for toxic tort claims after they failed to pay a special master's legal fees, ruling that a trial court wrongly disregarded their protests that they couldn't afford his services.

  • April 30, 2026

    Ohio Panel Strikes Curbs On 3rd-Party Tax Complaints

    Additional restrictions on third parties filing complaints about property valuation in Ohio violate the state's constitution, an Ohio appellate panel found.

  • April 30, 2026

    6th Circ. Judge Skeptical Of IRS In $24M Air Excise Tax Case

    A Sixth Circuit judge expressed confusion Thursday at the IRS' defense of a $24 million air transportation excise tax on monthly management fees paid to a private aviation company after a government attorney conceded that initial ownership payments should also have been taxed.

  • April 30, 2026

    11th Circ. Won't Review SEC's $1M Penny Stock Case Win

    The Eleventh Circuit on Thursday denied a request by Spartan Securities and other defendants to reconsider an earlier ruling upholding a $1 million disgorgement award in a penny stock fraud case brought by the U.S. Securities and Exchange Commission.

  • April 30, 2026

    Debt Collectors Owe Charity Care Notice, Wash. Justices Say

    Just as hospitals must inform low-income patients they might qualify for financial assistance, so too must agencies collecting on medical debt, the Washington Supreme Court clarified Thursday.

Expert Analysis

  • Series

    Mich. Banking Brief: All The Notable Legal Updates In Q1

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    Michigan's financial services sector saw several significant developments in 2026's first quarter, including the state Department of Insurance and Financial Services' issuance of a bulletin on the use of artificial intelligence and the Michigan House's introduction of a bill based on the Model Money Transmission Modernization Act, say attorneys at Dykema.

  • Pension Case Offers Entertainment Work Exception Insights

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    A recent Ninth Circuit decision clarified that any amount of entertainment work can satisfy the entertainment industry exception under the Multiemployer Pension Plan Amendments Act, reinforcing that statutory language, rather than evolving business models, dictates withdrawal liability outcomes, say attorneys at Seyfarth.

  • Justices' Ruling Stresses Quick Action Against Absconders

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    Following the U.S. Supreme Court's recent holding in Rico v. U.S. that a supervised release term is not automatically extended when a defendant absconds, probation officers and prosecutors risk being unable to address later violations if they don't act promptly to secure warrants, say attorneys at Winston & Strawn.

  • Justices May Hesitate To Limit Courts' Arbitration Review

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    Based on Monday's argument in Jules v. Andre Balazs, the U.S. Supreme Court seems poised to preserve federal jurisdiction over arbitral award enforcement stemming from actions originated in federal court, a holding that would markedly limit the court's 2022 Walters v. Badgerow decision, says Ashwini Jayaratnam at DarrowEverett.

  • Series

    Ultramarathons Make Me A Better Lawyer

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    Completing a 100-mile ultramarathon was tougher, more humbling and more rewarding than I ever imagined, and the experience highlighted how long-distance running has sharpened my ability to adapt to the evolving nature of antitrust law and strengthened my resolve to handle demanding, unforeseen challenges, says Dan Oakes at Axinn.

  • State FARA Laws Pose Unique Constitutional Challenges

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    Several states have recently enacted foreign agent registration and disclosure regimes that were modeled after the Foreign Agents Registration Act, but these state laws raise several constitutional questions, including concerns about preemption, speech and petition, and vagueness, says Alexandra Langton at Covington.

  • Series

    Pa. Banking Brief: All The Notable Legal Updates In Q1

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    The first quarter of 2026 brought several consequential developments for Pennsylvania financial institutions, including the state banking department's first assessment overhaul in 10 years, a bill prohibiting interchange fees on card transaction sales taxes and a federal appeals court's upholding of a $52 million enforcement action, say attorneys at Gross McGinley.

  • Determining When Engineered Biologics May Be Patentable

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    The Federal Circuit's recent decision in Regenxbio v. Sarepta, concluding that engineered cells with DNA from different organisms are not patent-ineligible natural phenomena, raises questions surrounding what framework courts will use to evaluate the patent eligibility of engineered biologics moving forward, says Robert Frederickson at Goodwin.

  • In First For DOJ, Action Signals New CFIUS Enforcement Era

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    The U.S. Department of Justice is seeking judicial enforcement of a divestment order, an unprecedented action for the agency that ushers in a new phase for the Committee on Foreign Investment in the United States, one in which judicial proceedings complement administrative oversight and presidential divestment orders may be enforced through litigation, says attorney Sohan Dasgupta.

  • 6th Circ. Can Extend Insurance Valuation Clarity Beyond Auto

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    In rehearing Clippinger v. State Farm, the Sixth Circuit can align itself with the recent drumbeat of other circuits rejecting class certification of auto total loss claims and set standards that apply to similar claims brought under homeowners and other types of insurance policies, say attorneys at Jackson Walker.

  • 9th Circ. Ruling Clarifies Doc Protection Limits In Gov't Probes

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    The Ninth Circuit's recent decision in Kalbers v. U.S. Department of Justice confirms that Rule 6(e) provides robust protections when documents are in the government's possession only through a grand jury subpoena, emphasizing for companies the importance of careful labeling from the outset of an investigation, say attorneys at Cooley.

  • Berk May Spur More Pushback Against Med Mal Gatekeeping

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    The U.S. Supreme Court’s recent decision in Berk v. Choy may appear to be a run-of-the-mill reminder that a federal procedural rule trumps its state counterpart, but it could inspire more challenges to state-created prerequisites to filing medical malpractice lawsuits, say attorneys at Decof Mega.

  • Getting The Most Out Of Learning And Development Programs

    Excerpt from Practical Guidance
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    Junior associates can better develop the legal, business and interpersonal skills they need for long-term success by approaching their firms’ learning and development programs armed with five tips for getting the most out of these resources, says Lauren Hakala at Reed Smith.

  • A Shift In Fed. Circ.'s Approach To Patent Summary Judgment

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    The Federal Circuit's recent decision in Range of Motion v. Armaid may come to be seen as a seminal opinion for potentially exposing and entrenching the Federal Circuit's movement away from its previous framework for identifying obvious noninfringement cases, says Nicholas Nowak at Nowak IP Group.

  • Considering The Risks That Arise When IP Outlives Its Owner

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    Federal and state court decisions show that the statutory regime for each category of intellectual property promises continuity after the owner's death, but the law does not provide a succession framework for how those rights are to be exercised, says Erin Daly at Daly Law & Strategy.

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