Appellate

  • July 01, 2026

    3 Federal Circuit Clashes To Watch In July

    A patent owner's effort to undo a Texas jury verdict clearing Samsung of infringing a wireless patent and an appeal of a ruling that Dartmouth College and a supplement maker owe $9 million for filing an "unreasonable" vitamin patent suit are among the cases the Federal Circuit will hear this month.

  • July 01, 2026

    NJ Cops Can Accept Warrantless Location Info From Feds

    A New Jersey appeals court has said it won't overturn the gun trafficking conviction of a man who was arrested in part due to cellphone location data that was acquired by federal law enforcement in Ohio, which didn't require a warrant to get the information.

  • July 01, 2026

    California Court Trims State Charges In Pelosi Hammer Attack

    A split California appeals court has ruled that the man who attacked Paul Pelosi, the husband of former House Speaker Nancy Pelosi, correctly obtained dismissal of several charges from his state court indictment.

  • July 01, 2026

    'Do Your Part,' Mass. Judge Chides Read Case Attys Post-Leak

    A Massachusetts judge on Wednesday lectured counsel in the high-profile civil case against Karen Read, the Massachusetts woman acquitted of murdering her Boston police officer boyfriend, to honor their ethical obligations after sensitive information leaked on social media.

  • July 01, 2026

    Fla. Panel Backs Permit Holders' Win In Miami Dock Suit

    A Florida appellate panel on Wednesday upheld a lower court win for two residents who took out a permit to build a dock at their Miami residence, finding that the dock didn't unreasonably obstruct a neighbor's view of the waterway. 

  • July 01, 2026

    6th Circ. Backs Smucker In Salmonella Coverage Dispute

    An alleged salmonella outbreak that potentially tainted peanut butter produced by J.M. Smucker Co. is a single occurrence under its commercial general liability policies, the Sixth Circuit affirmed Wednesday, saying Smucker's peanut butter production did not constitute 225 separate occurrences that are each subject to a $250,000 retainer.

  • July 01, 2026

    Conn. Justices Allow Death Damages Input After $8.5M Verdict

    The Connecticut Supreme Court will allow the Connecticut Defense Lawyers Association and the American Medical Association to weigh in on whether legally distinct damages are available for losing the ability to enjoy life's activities and for death itself as the justices consider an $8.5 million verdict against a knee surgeon's medical practice.

  • July 01, 2026

    Tatneft Fights 'Indefinite' Stay In $173M Ukraine Award Case

    One of Russia's largest oil companies pressed the D.C. Circuit on Tuesday to unpause litigation aimed at enforcing a confirmed $173 million arbitral award against Ukraine, saying that the proceedings have now been on hold for more than four years without any indication of when they might resume.

  • July 01, 2026

    High Court's Guardrails Won't Ease Fight Over Trans Athletes

    The U.S. Supreme Court's decision permitting states to ban transgender athletes from girls' sports was written in simple terms, but attorneys tracking the issue see the ruling as a flashpoint for further litigation.

  • July 01, 2026

    Ga. Justices Pass On Co.'s Challenge To Workers' RICO Suit

    The Georgia Supreme Court has declined to hear a construction company's challenge to an appellate ruling that revived a lawsuit from two former human resources directors who claimed they were fired for raising concerns about fraudulent work authorization records.

  • July 01, 2026

    Goldstein Calls Gov't's Attack On Text Messages 'Hypocrisy'

    Lawyers for convicted SCOTUSblog founder Thomas Goldstein have rejected prosecutors' claims that the famed U.S. Supreme Court lawyer may have deleted messages between himself and his poker backers, calling the government "hypocritical" after it had previously argued that Goldstein could authenticate the messages if he took the stand at trial.

  • July 01, 2026

    Doc Asks To Seek Defamation Punitive Damages Against CNN

    A doctor has asked the Florida Supreme Court to lift a stay on his petition to seek punitive damages against CNN over a 2015 story about pediatric surgery mortality rates, citing the high court's recent decision that lowered the evidentiary bar to add punitive damages claims.

  • July 01, 2026

    3rd Circ. Backs Sentence Bump For Gun's 1 Marred Serial No.

    A Third Circuit panel upheld a Pennsylvania man's sentence for possessing a firearm as a felon on Wednesday, finding that an enhancement applied since his pistol had one serial number defaced.

  • July 01, 2026

    NC Panel Says Worker Shooting Suit Belongs In Commission

    A North Carolina appellate panel on Wednesday sent a widower's suit over the shooting death of his wife by a coworker to the state's Industrial Commission, saying that new evidence produced after a previous appeal shows that the shooting was work-related and therefore falls under the state's Workers' Compensation Act.

  • July 01, 2026

    8th Circ. Keeps Missouri's 340B Contract Pharmacy Law Alive

    The Eighth Circuit declined Wednesday to temporarily block a Missouri law that bars drugmakers from imposing restrictions on federally funded providers that contract with pharmacies to distribute discount drugs in the 340B drug discount program.

  • July 01, 2026

    6th Circ. Affirms Mich. Airport PFAS Suit Belongs In State Court

    The international airport in Grand Rapids, Michigan, has failed at its second attempt to push into federal court Michigan's lawsuit over forever plastic pollution, allegedly caused by firefighting foam the airport used, after the Sixth Circuit ruled that the airport already tried identical arguments in the previous appeal.

  • July 01, 2026

    Panel Upholds Dentist's Conviction In Law Professor's Murder

    A Florida appeals court on Wednesday upheld the conviction of a periodontist found guilty in the murder-for-hire of Florida State University law professor Dan Markel, finding that the lower court did not err when it denied the defendant's request to move the trial from Tallahassee.

  • July 01, 2026

    3rd Circ. Tests FERC's Attention To Public Input In Hydro Case

    A Third Circuit panel Wednesday dug into whether the Federal Energy Regulatory Commission really listened to the concerns of residents of York County, Pennsylvania, about its initial approval of a hydroelectric project they claimed could lead to ecological and property damage.

  • July 01, 2026

    7th Circ. Backs Fraud Conviction Over WhatsApp Evidence

    The Seventh Circuit on Tuesday affirmed the wire fraud and money laundering conviction of a man who challenged the admission of incriminating WhatsApp messages between him and an uncharged co-conspirator into evidence, saying the government's use of his own pretrial discovery disclosures to authenticate the messages didn't violate his constitutional right to testify.

  • July 01, 2026

    4 Big Colorado Rulings So Far In 2026

    Insurance law took center stage in Colorado's appellate courts during the first half of 2026, but civil rights litigation produced its own notable mark on the landscape. Here, Law360 breaks down four major rulings in Colorado courts from the first half of 2026.

  • July 01, 2026

    3rd Circ. Says Hidden Bank Accounts Count As Tax Evasion

    The Third Circuit found a Pennsylvania insurance business owner guilty of two counts of tax evasion, affirming Wednesday a lower court jury's conclusion that he willfully concealed a bank account on 2016 tax forms while the IRS was pursuing collection action against him.

  • July 01, 2026

    Split Fed. Circ. Backs Block On Generic Of Otsuka Neuro Drug

    A split Federal Circuit panel on Wednesday supported a lower court's temporary block on Hetero Labs from selling a generic version of Otsuka's neurological disorder drug, even as it disagreed with the decision to waive Otsuka's requirement to post a bond while the case proceeds.

  • July 01, 2026

    5th Circ. Says Vape Co. Deserves Jury Trial For $19K HHS Fine

    A split Fifth Circuit panel has thrown out a $19,192 civil penalty against a Texas vape seller issued by the Department of Health and Human Services, saying the company is entitled to a jury trial under the Seventh Amendment and recent U.S. Supreme Court precedent.

  • July 01, 2026

    Pa. Court's Verizon Tower Approval Comes With New Test

    A Pennsylvania appellate court Wednesday set new standards for wireless providers like Verizon to seek local zoning variances, upholding approval of a Lehigh County cell tower while throwing out old Federal Communications Commission guidance on interpreting the Telecommunications Act of 1996.

  • July 01, 2026

    Judiciary Dems Seek DOJ Replies Before Blanche Hearing

    Ahead of acting Attorney General Todd Blanche's confirmation hearing for the permanent position, Democrats on the Senate Judiciary Committee are demanding he provide answers to their outstanding oversight inquiries.

Expert Analysis

  • The Paradoxical Duty To Adopt AI When You Can't Bill For It

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    Both billing for hours saved using artificial intelligence and preserving billable time by not adopting AI may violate rules of professional conduct, but until bar associations' ethics rules catch up to this emerging economic dilemma, firms must decide how to adjust fee structures themselves, says Ines Lassalle at Peyrot & Associates.

  • 4 Emerging Limits Of Employer Mental Health Notice Defense

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    A California appeals court's recent decision in Husband v. Target, addressing when an employer knows about an employee's undisclosed disability, leaves open questions about how changes in mental health awareness and workforce monitoring tools may raise the bar for what employers can claim not to know, says Benjamin Heller at RFZ Law.

  • Raptors Ruling Shows Risks Of Calif. Enviro Suit Intervention

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    Intervention in California environmental litigation can allow businesses to help defend agency approvals, but after a state appeals court's recent ruling in Raptors Are the Solution v. CropLife America, it is clear that intervention also carries a price — and that courts will hold parties accountable for the full arc of their litigation conduct, says Thierry Montoya at FBT Gibbons.

  • A Decade Later, Escobar Is Still Shaping FCA Cases

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    The U.S. Supreme Court's decision 10 years ago in Universal Health Services v. U.S. ex rel. Escobar changed the way in which lower courts evaluate False Claims Act cases — and the ruling remains vital in nearly every FCA case filed today, say attorneys at Bradley Arant.

  • Sripetch May Prove To Be An Empty Victory For The SEC

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    The U.S. Supreme Court's recent decision in Sripetch v. U.S. Securities and Exchange Commission held that the SEC need not prove pecuniary harm for disgorgement, but if the commission must still identify victims and distribute funds in a compensatory way, it faces the same economic problem as before the ruling, says Erin Smith at Compass Lexecon.

  • 9th Circ. Cooler Ruling Chills 1st Mover Lanham Act Claims

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    The Ninth Circuit's recent decision in Vericool World v. Igloo Products that Vericool's claim of being first-to-market with an ecocooler was not actionable under the Lanham Act largely foreclosed false advertising litigation over first mover status, so potential plaintiffs should instead look to patent counseling or intellectual property strategy for these claims, say attorneys at Manatt.

  • Mapping 5 Fronts Of The Prediction Markets Regulatory Battle

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    The legal framework governing prediction markets is under simultaneous challenge in five independent areas, and the outcomes will determine not just who can operate prediction markets, but the compliance obligations of every participant in the ecosystem, says Ivor Wolk at Manatt.

  • Patent Ruling Highlights Risks Of Late Inventorship Fixes

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    The Federal Circuit's recent decision in Implicit v. Sonos demonstrates the risk of forfeiture with retroactive correction of inventorship in inter partes review proceedings, with a clear message to the patent community that potential inventorship issues should be considered at every stage of a patent's life cycle, say attorneys at BCLP.

  • Adjusting IPR Tactics As Google Fights 'Settled Expectations'

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    Google’s petition for the U.S. Supreme Court to scrutinize the Patent Trial and Appeal Board's so-called settled expectations practice underscores why accused infringers facing older asserted patents should treat discretionary denial as a case-dispositive risk from day one, says attorney Abdul Abdullahi.

  • 3 Misconceptions About Justices' FCC Fines Ruling

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    The U.S. Supreme Court's June 4 Federal Communications Commission v. AT&T decision rejecting AT&T’s and Verizon’s argument that the commission's forfeiture process violates the Seventh Amendment has yielded three common reactions that misunderstand the decision as a matter of law and how the FCC actually operates, says Samuel Feder at Jenner & Block.

  • SEC Disgorged Fund Distribution Is Next Query After Sripetch

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    Following the Supreme Court's Sripetch v. U.S. Securities and Exchange Commission decision, investor harm isn't required for the SEC to obtain a disgorgement award, but future cases must resolve whether the commission will be freed from a requirement to distribute disgorged funds to the victims of alleged misconduct, says Daniel Walfish at Katsky Korins.

  • If Upheld, Wash. Millionaire Tax Could Upend State Law

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    The Washington Supreme Court could open the door to broader income, rental and corporate taxes if it defies precedent and the historically established desires of voters by redefining the state constitution's concepts of “income” and “property” to uphold a new tax on wages over $1 million, says Richard Birmingham at Davis Wright.

  • Trump Admin's Agency Records Purge Tests Judicial Notice

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    While courts commonly take judicial notice of data in government websites and reports, the Trump administration's recent modification or wholesale deletion of these sources means that litigants must look elsewhere to support trial admission of this information, says Jon Gryskiewicz at Lewis Baach.

  • Series

    Cow Horse Makes Me A Better Lawyer

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    Moving an unwilling 800-pound cow while riding a horse at high speed is exhilarating, a little unhinged and, at least for me, a surprisingly effective training ground for litigation — both demand focus, preparation over rigid planning and the willingness to act despite fear, says Ashley Zitrin at Glenn Agre.

  • Fla. Driver Ruling Shows Renewed Focus On Privacy Standing

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    A Florida federal court's recent dismissal of a class action alleging that private driving records had been improperly used in violation of the Driver's Privacy Protection Act suggests that companies defending against privacy class actions in Florida may reconsider Article III challenges at the dismissal stage, say attorneys at Sidley.

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