Appellate

  • July 20, 2026

    Fed. Circ. Told Decision Clearing Sirius In Patent Case Flawed

    German research institute Fraunhofer-Gesellschaft has urged the Federal Circuit to revive its patent suit against SiriusXM, saying a lower court made various errors when deciding that the satellite radio giant relied on a delay in bringing the suit.

  • July 20, 2026

    2 More Whitmer Plot Convictions Reversed In Michigan

    Two men sentenced to prison for providing material support for terrorism and other crimes tied to the 2020 plot to kidnap Michigan Gov. Gretchen Whitmer had their convictions vacated Monday after a Michigan appellate panel ruled that a recent decision overturning a co-defendant's convictions required the same result.

  • July 20, 2026

    3rd Circ. Deems ADA Claims Untimely, Flags Misquotes

    A Pennsylvania hospital employee disclosed her diabetes too late and did not clearly ask for accommodation before she was fired for sleeping on the job, a Third Circuit panel ruled Monday, additionally sanctioning her attorney for filing a minor motion that possibly contained artificial intelligence hallucinations.

  • July 20, 2026

    7th Circ. Backs Arbitrator's Finding That Ill. Hotel Flouted CBA

    A Chicago hotel can't duck an arbitrator's finding that it needed to employ union workers while operating as a migrant shelter, a Seventh Circuit panel ruled, rejecting the hotel's argument that the arbitration award wasn't grounded in the terms of a collective bargaining agreement.

  • July 20, 2026

    CIT Judge Changes IEEPA Test Case But Retains Schedule

    The U.S. Court of International Trade has selected a new underlying case as the one to test the federal government's updates on its system for refunding duties charged under President Donald Trump's struck-down global tariff regime, though it otherwise kept in place certain reporting and hearing deadlines.

  • July 20, 2026

    4 Patent Cases To Watch In The Second Half Of 2026

    New limits on the ability to challenge patents tied to when they were issued, the invalidity standards for antibody patents and the test for design patent infringement are all at issue in cases patent attorneys will be monitoring for the rest of the year.

  • July 20, 2026

    AGs Say DOJ Suit Would 'Upend' Atty Discipline System

    Attorneys general in 20 states have raised alarms over the U.S. Department of Justice's "unprecedented effort" to halt a disciplinary case in D.C. against former federal prosecutor Jeffrey Clark, warning the Trump administration is trying to "upend a centuries-old system of attorney discipline" and put federal government lawyers beyond the reach of local disciplinary authorities.

  • July 20, 2026

    Microchip Co. Will Pay $13M To End Merger Severance Fight

    A microchip-maker will pay more than $13 million to settle a long-running class action alleging it illegally shut down a severance program following a 2016 merger, according to terms of the proposed deal filed in California federal court.

  • July 20, 2026

    Top Gov't Contracting Cases To Watch In The 2nd Half Of 2026

    Federal courts in the latter half of 2026 are expected to decide if the Trump administration overstepped by designating Anthropic a supply chain risk to national security and whether the False Claims Act's qui tam provisions pass constitutional muster, potentially affecting the government's ability to tackle fraud.

  • July 20, 2026

    Meet The Attys Vying For Position 1 On The Wash. High Court

    A civil rights litigator who left a top role at the Washington state attorney general's office last fall to step in for a retiring state Supreme Court justice is vying this election season to retain the seat for the next two years, drawing opposition from a Ballard Spahr LLP tax attorney and a longtime family law practitioner.

  • July 17, 2026

    Full 3rd Circ. Wipes Out New Jersey Assault Weapons Ban

    The full Third Circuit on Friday held that New Jersey's decades-long ban on semi-automatic firearms and high-capacity magazines is unconstitutional, though some judges said the way the weapons are now being used as well as recent technological advances couldn't have been foreseen by the Constitution's framers.

  • July 17, 2026

    9th Circ. Tosses Child Sex Abuse Conviction Over Bad Search

    A Ninth Circuit panel threw out the conviction of a man who pled guilty to recording himself raping his 7-year-old daughter in Washington, saying Friday that officers discovered the videos on his computer after going beyond the bounds of an unrelated search warrant.

  • July 17, 2026

    US Seeks Toss Of Arbutus Patent Suit Over Moderna Vaccine

    The federal government asked the U.S. Court of Federal Claims on Friday to dismiss much of a patent suit against it by Arbutus Biopharma tied to Moderna's COVID-19 vaccine, saying the court couldn't hear the bulk of the case because Arbutus and Moderna reached a multibillion-dollar consent judgment that is subject to appeal.

  • July 17, 2026

    Deutsche Bank Can Pursue Billionaire Vik Over $243M Order

    A Connecticut appeals court on Friday revived a Deutsche Bank lawsuit against billionaire Alexander Vik, concluding that the bank's prior litigation loss did not bar a second lawsuit accusing Vik and his daughter of disrupting a Norwegian software company's share sale designed to partially satisfy a $243 million English court judgment.

  • July 17, 2026

    4th Circ. Bars Salvadoran Woman's Bid To Cancel Removal

    A split panel of the Fourth Circuit ruled Friday an El Salvador woman granted temporary removal relief did not have an immigration "status" and was therefore ineligible to seek to stop her deportation, breaking with precedent in the Fifth and Ninth circuits.

  • July 17, 2026

    Split DC Circ. Halts Block Of DOD Escort Rule

    A divided D.C. Circuit panel has paused a preliminary injunction blocking the U.S. Department of Defense's policy that reporters must be escorted whenever they're in the Pentagon.

  • July 17, 2026

    Pipeline Worker Engaged In Interstate Commerce, Court Says

    A Texas appeals court ruled that Energy Transfer LP cannot compel the family of a man who died in a pipeline explosion to arbitration under the Federal Arbitration Act, finding Thursday that the FAA did not apply to his employment contract because he engaged in interstate commerce.

  • July 17, 2026

    2nd Circ. Sends Sprinter's Gatorade Doping Suit To NY Court

    The Second Circuit on Friday deferred the appeal by a track athlete claiming Gatorade supplied him with tainted gummies to a New York state appeals court to determine whether his complaint is covered by state tort or contract law.

  • July 17, 2026

    Mass. Court Tosses Evidence After Bodycams Show Coercion

    Massachusetts' highest court on Friday said a gun and drugs found in a car after police repeatedly searched and pressured the driver for the key must be thrown out as evidence in a case that one of the justices, in a concurrence, says highlights the value of police-worn body cameras.

  • July 17, 2026

    Fed. Circ. Won't Review Reversal In $18M Penile Implant Case

    The full Federal Circuit said Friday that it won't review a panel decision that mostly undid a California federal jury verdict that awarded $18.3 million to International Medical Devices Inc. in a trade secret case about penile implants.

  • July 17, 2026

    9th Circ. Rekindles Idaho Logging Review Dispute

    The Ninth Circuit revived a conservation group's suit against the U.S. Forest Service over an environmental review of an Idaho logging project, ruling that the group should have been allowed to raise an argument it had not raised during an earlier administrative process.

  • July 17, 2026

    Del. High Court Says Jarkesy Doesn't Extend To State Cases

    The Delaware Supreme Court has declined to apply the U.S. Supreme Court's Jarkesy holding to a state securities fraud suit arising from an administrative enforcement action brought by the state's Investor Protection Unit, finding there are no similar common-law cases requiring the right to a jury trial.

  • July 17, 2026

    Mich. Panel Says Restitution Doesn't Cover Memorial Jewelry

    A western Michigan man convicted of manslaughter cannot be required to reimburse a victim's family for memorial jewelry purchased after the victim's death, a Michigan appellate panel has ruled, holding for the first time that such items do not qualify as "actual funeral and related services" under the state's restitution laws. 

  • July 17, 2026

    DC Circ. Vacates Benghazi Attack Leader's 'Lenient' Sentence

    A D.C. Circuit panel vacated a lower court's 28-year sentence of a Libyan national accused of orchestrating the deadly 2012 attacks against a U.S. diplomatic mission in Benghazi, Libya, agreeing with the government that his sentence is "unreasonably lenient."

  • July 17, 2026

    6th Circ. Won't Rehear Mark Cuban-Backed FINRA Challenge

    A Sixth Circuit panel has declined to grant a full rehearing of a constitutional challenge of the Financial Industry Regulatory Authority's in-house disciplinary proceedings brought by the owner of a financial consulting company that had support from billionaire entrepreneur Mark Cuban.

Expert Analysis

  • Class Actions At The Circuit Courts: June Lessons

    Author Photo

    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five recent rulings from cases involving allegations of internet data misuse, consumer fraud claims, immigration, insurance and First Amendment violation claims.

  • Fed. Circ. In May: Being Precise About 'About'

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Appellate archive.