Appellate

  • July 08, 2026

    Day Pitney Can't Be Cut Off From New Counsel, Client Says

    A former Connecticut chief justice's ethics gaffe cannot preclude fellow lawyers at Day Pitney LLP from communicating with new counsel for John B. Clinton, a private equity management firm owner locked in a 13-year-old, $1.3 million corporate windup lawsuit, Clinton has urged a Connecticut state court judge to conclude.

  • July 08, 2026

    Morgan & Morgan Malpractice Fight Won't Get Another Review

    The Georgia Court of Appeals has rejected Morgan & Morgan PA's bid to challenge a trial court ruling denying the firm's summary judgment motion in a legal malpractice case brought against it by clients seeking representation in a personal injury action.

  • July 08, 2026

    8th Circ. Dismisses Appeal In US Bank Pension Fight

    The Eighth Circuit on Wednesday agreed to dismiss an appeal from a proposed class of U.S. Bank retirees who claimed their early retirement payments were unlawfully reduced, after retirees told the court earlier this month they had opted not to pursue revival of their federal benefits dispute.

  • July 08, 2026

    Biggest Rulings For Patent Attys In 2026: A Midyear Report

    The U.S. Supreme Court clarified the pleading standard for induced infringement of skinny labels, and the Federal Circuit opened the door to increased damages for patent owners. Here's what you need to know about these patent cases and other major decisions from the beginning of 2026.

  • July 08, 2026

    4 Colorado Cases To Watch For The Rest Of 2026

    A federal judge's ruling on whether the Trump administration can move U.S. Space Command's headquarters from Colorado to Alabama and a jury's determination of liability for a private prison operator in a forced labor class action are among the Colorado court cases to watch in the coming months. Here, Law360 looks at four Colorado cases to watch for during the rest of 2026.

  • July 08, 2026

    Florida Cases To Watch In The 2nd Half Of 2026

    New lawsuits over ChatGPT's role in a mass shooting on a Florida campus and a U.S. Supreme Court case that could upend most criminal trials in Florida are some of the litigation that the state's attorneys will be watching in the second half of 2026. ​​​​​​​Here, Law360 takes a look.

  • July 07, 2026

    6th Circ. Says MillerKnoll Owns Rights To Iconic Lamp Design

    The Sixth Circuit Tuesday refused to disturb a lower court's decision awarding intellectual property rights for late designer George Nelson's iconic bubble lamp to furniture company MillerKnoll, ruling that a 2006 royalty agreement authorized the company to use and own those rights.

  • July 07, 2026

    Entrepreneur Can't Sue Over Ex-Worker's Hill Testimony

    The D.C. Circuit on Tuesday nixed a multimillionaire executive's defamation suit against a former employee whose testimony to Congress helped secure passage of a law barring the arbitration of sexual assault and harassment claims, litigation that also sought to undo an arbitral award favoring the former employee.

  • July 07, 2026

    Webuild Wants Justices' Input In Row Over In-State Property

    Webuild has pressed the Third Circuit to delay sending a case over a $140 million arbitral award against the Italian construction giant back to lower court as it seeks U.S. Supreme Court review of a circuit decision reviving a Chilean company's bid to enforce the award.

  • July 07, 2026

    2nd Circ. Backs Judge's Immigration Cooperation Condition

    A Second Circuit panel on Tuesday said a New York federal judge reasonably imposed a supervised release condition that would require a Salvadoran citizen sentenced to prison in connection with an MS-13 gang shooting to cooperate with immigration authorities.

  • July 07, 2026

    Illinois Cases To Watch In 2026: Midyear Report

    Mead Johnson is set to go to trial this summer in the first case to make it to a jury in multidistrict litigation claiming baby formula caused a serious gut illness in premature infants, while the U.S. attorney's office in Chicago is facing a possible sanctions hearing over prosecutorial misconduct allegations in two Illinois cases on attorneys' radar for the rest of the year.

  • July 07, 2026

    5th Circ. Presses Ericsson Insurers On Terrorism Suit Defense

    A Fifth Circuit panel pushed insurers to explain why they should be allowed to avoid covering the defense of Ericsson Inc. against claims the company funded foreign terrorist organizations, asking Tuesday if Ericsson knew the money it gave out "was going to kill Americans."

  • July 07, 2026

    Fed. Circ. Wary Of Both Sides In DOE Breach Damages Row

    A panel of the Federal Circuit on Tuesday appeared skeptical of both sides' arguments concerning whether a $145 million judgment for three nuclear power plant owners over the U.S. Department of Energy's continued failure to accept spent nuclear fuel for disposal should be offset by the companies' investment earnings.

  • July 07, 2026

    Trump Seeks High Court Rehearing In Carroll Case

    President Donald Trump asked the U.S. Supreme Court to reconsider its decision to let stand a jury's $5 million verdict finding he sexually abused writer E. Jean Carroll in a department store dressing room.

  • July 07, 2026

    X Corp. Fights $8M Award Over Boulder Office Rent Credit

    Colorado appellate judges on Tuesday tested the limits of competing interpretations by X Corp. and its former landlord regarding a contract provision governing almost $5.8 million in rent credits the social media company says it's owed, weighing X's bid to undo an $8.2 million judgment in a rent dispute.

  • July 07, 2026

    8th Circ. Backs Ex-Wilbur-Ellis Workers In Trade Secret Suit

    The Eighth Circuit on Tuesday upheld a lower court's finding that agribusiness Wilbur-Ellis couldn't make its case that several former employees took off with its trade secrets when they went to a competitor.

  • July 07, 2026

    Fed. Circ. Side-Eyes No Sanctions For 'Very Bad' Game Patent

    A Federal Circuit panel seemed ready Tuesday to revive a company's bid for sanctions after it defeated Epic Tech LLC's patent case, with one judge calling the patent "very bad" and saying "if I were the district court judge in this case, I 100% would have granted the attorney's fees."

  • July 07, 2026

    9th Circ. Appears Icy Toward Calif. Captive Meeting Law

    The Ninth Circuit seemed hesitant Tuesday to unblock a 2-year-old California law that prohibits employers from punishing workers for skipping what are commonly known as captive audience meetings in which companies convey views about political or religious topics, with two judges suggesting that the statute infringes on employers' free speech rights.  

  • July 07, 2026

    5th Circ. Says Gov't May Be Liable For Steward's Truck Hit

    A Fifth Circuit panel said Tuesday that the government may owe damages to a woman a Customs and Border Protection agent and union officer struck with his truck, reversing a ruling that he was on an errand outside the scope of his work.

  • July 07, 2026

    Mass. Court Orders New Sex Abuse Trial Over Testimony

    A man found guilty of raping and sexually abusing girls in his family is entitled to a new trial, a Massachusetts appeals panel said Tuesday, finding that evidence of his prior bad acts was admitted improperly and may have overwhelmed and prejudiced the jury.

  • July 07, 2026

    Trucking Co. 'Predictive Model' Doesn't Moot OT, 9th Circ. Told

    Truck drivers denied overtime under a Fair Labor Standards Act carveout for interstate commerce urged the Ninth Circuit on Tuesday to find they're entitled to the pay, saying that they drove only within California and that their employers' "predictive model" order fulfillment system doesn't qualify their deliveries as interstate commerce.

  • July 07, 2026

    2nd Circ. Says Investor Can Keep Bed Bath & Beyond Profits

    The Second Circuit on Tuesday found that a late investor in defunct retailer Bed Bath & Beyond can keep the profits from its sale of the company's stock, rejecting claims that a contractual cap on the investor's share ownership was a sham.

  • July 07, 2026

    6th Circ. Revives Pilot's Disability Claims In Vaccination Row

    In an unpublished opinion issued Monday, a Sixth Circuit panel revived some disability claims brought against Kalitta Air LLC by a cargo pilot after he was fired for refusing to get a second COVID-19 vaccine because he suffered a severe reaction from the first dose.

  • July 07, 2026

    DC Circ. Backs Tax Bribery Convictions Despite Jury Error

    A D.C. Circuit panel refused on Tuesday to reverse a lower court's judgments against two men in connection to a bribery scheme carried out to evade $2.3 million in business tax obligations, finding a jury instruction error "harmless," among other unsuccessful arguments.

  • July 07, 2026

    8th Circ. Says Murder Charge Backs Sentence Enhancement

    The Eighth Circuit held that a prior third degree murder conviction counts as a crime of violence for purposes of a later sentencing enhancement in a gun case because the Minnesota state law in the murder case was substantially similar to the generic definition of murder.

Expert Analysis

  • Federal Officer Removal After Justices' La. Pollution Ruling

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    In the wake of the U.S. Supreme Court's recent ruling in Chevron USA v. Plaquemines Parish, companies seeking to use federal officer removal to move litigation out of state court should ask three questions, focusing on government contract language, federally directed activity and related conduct, say attorneys at Hollingsworth.

  • Series

    Competing At Poker Makes Me A Better Lawyer

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    Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

  • Revisiting TransUnion's Underused Standing Rule, 5 Years On

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    The Ninth Circuit Court of Appeals' recent use of the U.S. Supreme Court’s now five-year-old TransUnion v. Ramirez rule specifying that the "mere risk of future harm" isn't concrete enough to support a damages claim presents an opportunity to revisit this underutilized standing rule, say attorneys at Horvitz & Levy.

  • 5 Things Associates Must Ask About Their Firm's Merger Plan

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    The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

  • Uncertainty Looms After Justices' Withdrawal Liability Ruling

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    The U.S. Supreme Court's recent holding in M&K Employee Solutions v. Trustees of the IAM National Pension Fund increases the unpredictability of withdrawal liability assessments, so employers should prepare for a range of assessments and be equipped to challenge unreasonable ones, say attorneys at Winston Taylor.

  • CFTC Trading Rule Can't Police Prediction Markets Yet

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    The Commodity Futures Trading Commission’s recent efforts to police insider trading in prediction markets through a post-Dodd-Frank anti-fraud rule exposes doctrinal gaps around misappropriation theory, leaving platforms to fill the void with win-rate-based surveillance, says attorney Tamara de Silva.

  • Columbia Software IP Ruling Tests Royalty Damages Model

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    The Federal Circuit's recent decision in Columbia University v. Gen Digital, vacating a damages verdict involving foreign software sales, provides guidance on ambiguities surrounding the worldwide royalty damages model established by the court's decision in Brumfield v. IBG two years ago, say attorneys at Munger Tolles.

  • Turning To The Courts When PBM Reform Falls Short

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    The effectiveness of state laws intended to regulate pharmacy benefit managers remains uncertain, but litigation — utilizing tried-and-true theories like breach of contract and fair dealing — offers another mechanism through which stakeholders may seek relief from PBMs, say attorneys at Reed Smith.

  • Opinion

    Immigration Appeals Rule Would Prevent Meaningful Review

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    Justice Stephen Breyer’s book “Making Our Democracy Work” offers a useful lens through which to consider what is at stake for the Executive Office for Immigration Review's legitimacy as the government asks the D.C. Circuit to revive an interim final rule that would have fast-tracked decisions by Board of Immigration Appeals, says Tara Kennedy at Kennedy Law.

  • 2 'Rocket Dockets' And The Rules That Propel Them

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    The fastest civil trial courts in the country are currently in the Eastern District of Virginia and the Southern District of Florida, and their chief judges provide insights into the court rules that keep them ahead, says Robert Tata at Hunton.

  • Retailer Risk Reduction Tips As Email Marketing Suits Surge

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    Amid a flood of email marketing lawsuits following last year's Washington Supreme Court ruling in Brown v. Old Navy, retailers seeking to avoid high litigation costs can take several steps to reduce risks by focusing on their email subject lines advertising sales, says Gonzalo Mon at Kelley Drye.

  • Why Nuclear Licensees Must Watch 2nd Circ.'s Holtec Review

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    In reviewing a New York federal court's preemption ruling concerning disposal of nuclear materials, the Second Circuit must confront the lower court's recognition of a purpose-based path to field preemption, which could be game-changing for nuclear material licensees, says Andrew Averbach at Womble Bond.

  • Calif. Ruling Lowers Bar For Health Data Breach Claims

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    The California Supreme Court's ruling in J.M. v. Illuminate Education offers protection for non-healthcare companies that maintain health-related data but also adopts a new and more plaintiff-favorable standard for breach of confidentiality that companies maintaining any health-related data should address, say attorneys at Cooley.

  • Florida Atty Fees Ruling Could End Expert Testimony Mandate

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    For over 60 years, Florida appellate courts have required an evidentiary hearing and expert testimony to support the reasonableness of an attorney fee award, but the Florida Sixth District Court of Appeal's recent Ruffenach v. Deutsche Bank National Trust ruling could make substantive changes to this requirement, say attorneys at RumbergerKirk.

  • Texas Ruling Leaves Key Oil Royalty Question Unresolved

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    The Texas Supreme Court's recent decision in Fasken Oil and Ranch v. Puig clarifies that royalty reservations containing “free of cost forever” language do not bar deduction of post-production costs — but it leaves open whether prices producers report to royalty owners should reflect what unaffiliated buyers would pay, says Robert Foss at Hinds Feat Advisors.

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