Appellate

  • August 17, 2026

    4th Circ. Says Waiver Applicants Aren't Shielded From ICE

    Federal immigration regulations do not prevent the government from deporting an unlawfully present noncitizen who is married to a U.S. citizen and is seeking to avoid being statutorily barred from reentering the country amid the green card process, the Fourth Circuit ruled.

  • August 17, 2026

    NC Gov. Nixes GOP Bill To Let Chief Justice Suspend Judges

    North Carolina Gov. Josh Stein on Monday vetoed a bill that would allow the chief justice to suspend trial court judges under investigation by the Tar Heel State's judicial watchdog, criticizing lawmakers as "playing politics" with the judiciary.

  • August 17, 2026

    Georgia DA Wants A Say In Trump Election Case Fee Battle

    Fulton County District Attorney Fani Willis is urging a Georgia appellate court to undo an order blocking her from intervening in a bid by President Donald Trump and others to recoup $16 million in legal fees in a dismissed election interference case, saying her office has a significant financial interest at stake.

  • August 17, 2026

    Mich. Homeowner Qualifies For Exemption, Court Rules

    A Michigan homeowner who lived in the state while her husband lived in Washington state is eligible for a principal residence exemption despite filing a nonresident return for one year, a panel of the Michigan Appeals Court ruled. 

  • August 17, 2026

    Biotech Asks 1st Circ. To Undo Red Cross Antitrust Immunity

    A biotech firm asked the First Circuit on Friday to undo a district court decision granting the American Red Cross immunity from antitrust allegations, arguing the blood donation giant was wrongly deemed an "instrumentality" of the U.S. government even though it functions as an independent corporation.

  • August 17, 2026

    Rebel Creamery Hits Ch. 11 After $24M Loss To Van Leeuwen

    Ice cream company Rebel Creamery has filed for Chapter 11 protection in Utah bankruptcy court with about $24 million in debt, one month after losing a trademark lawsuit brought by rival Van Leeuwen.

  • August 17, 2026

    7th Circ. Reverses Alcoa Union Retirees' Lifetime Benefits Win

    The Seventh Circuit reversed an Indiana federal court's decision holding that certain union retirees of aluminum giant Alcoa and their beneficiaries had a vested right to health benefits for life, finding error with the lower court's judicial estoppel analysis that formed the basis for its judgment on liability.

  • August 17, 2026

    Justices Again Deny Review Of $5M Carroll Verdict

    The U.S. Supreme Court on Monday denied President Donald Trump's request to rehear his challenge to a $5 million verdict finding he sexually abused writer E. Jean Carroll.

  • August 14, 2026

    Barrage Of Amici Urge Justices To Mandate 12-Person Juries

    Former judges, ex-prosecutors, criminal defense attorneys, civil rights groups, Catholic bishops, university professors and others are urging the U.S. Supreme Court to find that the Constitution requires 12-person juries to decide trials for serious crimes, taking aim at Florida's practice of seating six-person juries for most criminal trials.

  • August 14, 2026

    In First, 2nd Circ. Allows DNA Warrant Without Match Sample

    The Second Circuit has ruled that a man cannot suppress a court-ordered DNA sample in his murder case even though police had not identified a viable comparison sample from the crime scene, becoming the first federal circuit court to address the question.

  • August 14, 2026

    9th Circ. Says DOJ Subpoenas Can Support Trump Agenda

    A split Ninth Circuit panel on Friday held that President Donald Trump has the authority to direct the U.S. Department of Justice to issue politically motivated subpoenas that align with his broader policy goals, reversing a lower court's ruling quashing a subpoena issued to a gender-affirming medical care provider.

  • August 14, 2026

    Attys Looking To Justices To Resolve Design Patent 'Mess'

    Following a sharply divided order where the full Federal Circuit declined to reconsider the standards for design patent infringement, attorneys tell Law360 they hope the deep disagreements among the judges spur the U.S. Supreme Court to clear up precedent one called a "total mess."

  • August 14, 2026

    NC Law Firm's 'Personal Goodwill' Not Marital Property

    North Carolina's highest court Friday sided with an intellectual property attorney in finding that the value of his law firm attributable to his firm's "personal goodwill" is not marital property and thus can't be divvied up for equal distribution to his ex-wife following their divorce.

  • August 14, 2026

    Conn. Opposes Kalshi's Bid To Keep Running Pending Appeal

    Connecticut officials on Friday asked a federal judge to deny KalshiEX's bid to keep offering sports contracts as it mounts a "long-shot appeal" of an injunction, arguing there is no basis to restrain state regulators from enforcing state wagering law given the contracts' "clear illegality." 

  • August 14, 2026

    Hemp Cos. Ask 6th Circ. To Keep Ohio Law On Pause

    Hemp manufacturers and sellers have asked the Sixth Circuit to uphold a lower court's ruling that paused the enforcement of an Ohio law that reclassified their products as marijuana.

  • August 14, 2026

    Texas Panel OKs Atmos' Win In Home Gas Leak Injury Suit

    A Texas appellate court has affirmed the dismissal of a suit alleging a family suffered injuries from gas leaks inside their home due to the negligence of Atmos Energy, saying the family failed to prove the utility knew about the dangerous condition but did nothing.

  • August 14, 2026

    Texas Justices Pass On Atty's Bid To Undo Exxon Sanctions

    The Texas Supreme Court on Friday declined to take up an appeal brought by a law firm challenging a sanction order issued after a lower court found it launched a frivolous lawsuit against Exxon Mobil Corp. related to the company's acquisition of Pioneer Natural Resources.

  • August 14, 2026

    Mich. Panel Keeps District Judge Off Ballot Over False Filing

    A western Michigan district judge will remain off the November ballot after a state appeals court ruled that her affidavit of identity contained a false statement about unpaid campaign finance fees, requiring state election officials to reject her candidacy. 

  • August 14, 2026

    11th Circ. Weighs Fiduciary Duty In Pension Calculation Suit

    The Eleventh Circuit on Friday seemed wary of a retiree's argument that an energy company violated federal benefits law by not warning pension plan members that rising interest rates would reduce their lump sum payments, with one judge saying the company would likely "get sued" if it provided financial advice based on an ever-changing market.

  • August 14, 2026

    Mass. Appeals Court Orders New Trial Over Pro Se Approval

    The Massachusetts Appeals Court has ruled that a state trial court wrongly allowed a man to take over management of his own criminal trial and shunt his lawyer to a standby role without legally required warnings and checks.

  • August 14, 2026

    NY AG Says 2nd Circ. Ruling Doesn't Back Pricing Law Case

    The New York Attorney General's Office has pushed back after RealPage Inc. told a New York federal court that a recent Second Circuit ruling supports the company's challenge to a state law prohibiting landlords from using software to share information and set residential rental rates.

  • August 14, 2026

    7th Circ. Won't Revive Elanco Investors' Securities Fraud Suit

    The Seventh Circuit Friday affirmed the dismissal of a lawsuit claiming Elanco Animal Health misled the market by forcing distributors to buy excess inventory to artificially inflate its sales figures, saying it could not draw a strong inference of fraudulent intent by Elanco executives.

  • August 14, 2026

    9th Circ. Denies Ex-Cop's Asylum Bid, But Calls For Better Test

    A Ninth Circuit panel affirmed the denial of asylum for a former El Salvador police officer targeted by the MS-13 gang, but urged the full court to revisit precedent that directed it to only consider mistreatment incurred after the man left the force.

  • August 14, 2026

    Fed. Circ. Overrules Precedent On Veteran Hiring Protections

    The Federal Circuit on Friday revived a disabled veteran's challenge to the U.S. Navy's handling of his promotion application, which the agency rejected after mistakenly finding he didn't submit certain documents, and then reviewed only after giving the job to someone else. 

  • August 14, 2026

    Feds Seek To Undo ADA Win In Fla. After DOJ Guidance Shift

    The federal government asked the Eleventh Circuit on Thursday to vacate a recent ruling upholding an injunction that found Florida's institutionalization of children with complex medical conditions violated the Americans with Disabilities Act, in light of a change in directives from the U.S. Department of Justice.

Expert Analysis

  • 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.

  • Google Antitrust Case Puts Spotlight On De Facto Exclusivity

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    Mozilla's recent amicus filing in U.S. v. Google arguing that its agreement to make Google the default search engine did not amount to de facto exclusivity highlights the growing debate over traditional indicators of exclusivity, with implications for any business that uses rebates, preferred contracts or volume incentives, says Chris Gowen at WilmU Farnan School of Law.

  • Justices' Montgomery Ruling Doesn't Expand Shipper Liability

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    Whether negligent hiring liability claims against shippers will increase after the U.S. Supreme Court's decision last month in Montgomery v. Caribe Transport II is anyone's guess, but the ruling itself will have no impact on shippers' actual liability in personal injury claims relating to trucking accidents, says Ronald Leibman at McCarter & English.

  • GHG Rescission Undermines State Climate Suit Preemption

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    As the U.S. Supreme Court considers the fate of state climate litigation in Suncor Energy Inc. v. Boulder County, it must confront the fact that the U.S. Environmental Protection Agency's rescission of its greenhouse gas endangerment finding has also removed the foundation for federal preemption of state climate suits, says attorney Gregg Goldfarb.

  • 3rd Circ. Decision Sheds Light On BIPA Bank Exemption

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    The Third Circuit's recent decision in McGoveran v. Amazon illuminates how courts are extending the Illinois Biometric Information Privacy Act's financial institution carveout beyond banks and insurers to technology vendors and other businesses handling biometric data, a defendant-friendly shift that still casts uncertainty around BIPA's enforcement, say attorneys at Dorsey & Whitney.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • 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.

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