Appellate

  • July 01, 2026

    Chen Says Herridge Must Name Source Even Under Her Test

    A woman claiming that an FBI agent smeared her by leaking confidential records to then-Fox News journalist Catherine Herridge told the U.S. Supreme Court not to halt Herridge's contempt finding and $800-per-day fine any longer, saying that even under Herridge's preferred test, she would still have to identify her source.

  • July 01, 2026

    Wash. Atty Loses Bid For Jury In Dispute Over Bar Sanctions

    A Washington lawyer sanctioned and disciplined for bringing a "frivolous" election suit in 2021 against then-Gov. Jay Inslee has lost her bid to have her ethics charges heard by a jury, with a state appeals panel finding no error in a trial court's ruling that it lacked jurisdiction to take on the disciplinary matter.

  • July 01, 2026

    Fed. Circ. OKs Rejection Of 'Mon Ami' Dog Treat TMs

    The Federal Circuit on Wednesday refused to revive a bid to register "Mon Ami" as trademarks for dog treats, agreeing with the Trademark Trial and Appeal Board's finding that the marks were too similar to an earlier mark.

  • July 01, 2026

    White House Recordkeeping Suit Paused While Gov't Appeals

    A D.C. federal judge has paused a suit accusing the Trump administration of skirting White House recordkeeping rules while the government appeals the preliminary injunction granted last month.

  • July 01, 2026

    Medical Marijuana Cos. Seek To Back DOJ In DC Circ.

    Two medical marijuana companies are seeking to intervene in a pending legal challenge to a U.S. Department of Justice final rule loosening federal restrictions on state-sanctioned medical cannabis, saying they would be harmed by the rule's rescission.

  • July 01, 2026

    Plea Deals Get Scrutiny In 'Hunter,' But Justices Stay Cautious

    The shock for Mary Fan came almost immediately after she began her career as a federal prosecutor in Southern California in the mid-2000s.

  • June 30, 2026

    2nd Circ. Backs NY Gas Appliance Ban In Split With 9th Circ.

    New York City and the Empire State can enforce their laws effectively banning fossil-fuel appliances in new buildings, the Second Circuit ruled Tuesday, splitting from the Ninth Circuit in rejecting trade groups and unions' arguments that the statutes run afoul of federal law.

  • June 30, 2026

    Justices' Birthright Ruling Leaves Little Room For Congress

    The U.S. Supreme Court's 5-4 holding Tuesday that President Donald Trump's executive order limiting birthright citizenship is unconstitutional did more than invalidate the policy, it effectively foreclosed Congress from trying to implement the executive order through legislation, experts told Law360.

  • June 30, 2026

    Texas Court Sends 4 Asbestos Suits Out Of MDL Court

    A Texas appeals court on Tuesday found that multiple families of people who died following diagnoses of asbestos-related malignancies can remand their cases back to the courts they initially filed in, saying the multidistrict litigation rules do not apply to their cases.

  • June 30, 2026

    Morgan & Morgan Wins Bid To Arbitrate Ga. Malpractice Suit

    A Georgia appellate panel on Tuesday sent to arbitration a legal malpractice case accusing Morgan & Morgan of inducing a former auto collision client to accept a $750,000 settlement when the case was purportedly worth more, saying a broad arbitration clause in the representation agreement was valid and enforceable.

  • June 30, 2026

    Coca-Cola Bottler Off The Hook In Cop Crash Suit

    The Coca-Cola Bottling Co. United-East LLC has beaten a personal injury lawsuit stemming from a three-car pileup with a police car, after a Georgia state appeals court ruled on Tuesday that there is no evidence to suggest that the driver of the company's tractor-trailer did anything wrong.

  • June 30, 2026

    11th Circ. Says Atlanta Officer Can't Undo $21M Taser Verdict

    The Eleventh Circuit on Tuesday upheld a $21 million verdict against an Atlanta Police Department officer whose shocking of a man with a Taser left him paralyzed from a resulting fall, keeping intact a $20 million compensatory damages award and a previously slashed $1 million in punitive damages.

  • June 30, 2026

    3rd Circ. Says Pro Se Defendant Can't Get Trial Redo

    The Third Circuit on Tuesday said it would not reward a self-represented defendant's "chicanery," upholding a man's conviction for child sexual abuse after finding he was aware he was facing a functional life sentence before proceeding to trial pro se, and that a misstatement by the trial judge in his case did not change that.

  • June 30, 2026

    Cigna, Others Fight Ohio AG's Drug Price-Fixing Suit

    Ohio pharmacy benefit managers and their corporate parents urged a federal judge to toss the state's drug price-fixing lawsuit, saying in a series of briefs that the state is trying to skirt federal pleading standards, collapse corporate separateness and stretch Ohio's antitrust law beyond its limits.

  • June 30, 2026

    FERC Future Fuzzy After High Court's Agency Firings Ruling

    The Federal Energy Regulatory Commission faces an uncertain future following the U.S. Supreme Court's blockbuster ruling that presidents have unlimited authority to fire members of independent agencies, which creates new risks for an energy industry that's used to regulatory continuity at FERC.

  • June 30, 2026

    Defamation Litigation Roundup: Tyra Banks, Carroll, ERISA

    In this month's review of defamation fights, Law360 highlights Tyra Banks' suit over a Netflix docuseries about her long-running modeling competition show, as well as a late-night television host's defeat of a case taking issue with a segment on Medicaid coverage in Iowa.

  • June 30, 2026

    Fed. Circ. Rejects Canal Contractor's $4M Adjustment Claim

    The Federal Circuit on Tuesday declined to grant a construction company's bid for a nearly $4 million adjustment under a U.S. Army flood control contract at a Louisiana canal after encountering construction issues, finding the solicitation did not mislead the company.

  • June 30, 2026

    Ariz. Voter Purge Remand Paused Pending High Court Appeal

    A district judge in Arizona has halted a remanded portion of a voting rights dispute in the state over voter roll purges until the U.S. Supreme Court can rule on a petition it agreed to hear from the Republican National Committee.

  • June 30, 2026

    Catholic Group's Land Use Case Headed Back To 6th Circ.

    A Michigan federal judge on Monday refused to reconsider her denial of partial summary judgment for Catholic Healthcare International in its land use suit over Genoa Township's denial of a permit for a religious campus but certified the denial for immediate interlocutory appeal to the Sixth Circuit in an effort to accelerate resolution of the long-running litigation.

  • June 30, 2026

    Justices Skip Pork Case Over Alito, Kavanaugh Objections

    The U.S. Supreme Court said Tuesday it will not review a challenge to a Massachusetts law restricting the sale of pork produced in tightly confined spaces, though Justices Brett Kavanaugh and Samuel Alito were in favor of hearing the case.

  • June 30, 2026

    Supreme Court To Hear Ohio Prayer Group Zoning Case

    The U.S. Supreme Court on Tuesday agreed to hear claims that the city of University Heights, Ohio, used its zoning code to prevent a man from holding a prayer gathering in his home, in a case that seeks to test the limits of municipal powers over the exercise of religion.

  • June 30, 2026

    Ga. Justices Take Up $1.5M Blue Ridge Runoff Dispute

    Georgia's Supreme Court has agreed to consider whether an appeals court was right to dismiss a case involving a property owner claiming a water runoff issue from the city of Blue Ridge resulted in $1.5 million in property damage.

  • June 30, 2026

    Roberto Clemente's Sons Ask Justices To Review TM Dispute

    The family of baseball legend Roberto Clemente wants the U.S. Supreme Court to decide whether governments can appropriate trademarks without triggering automatic compensation after the First Circuit rejected claims stemming from Puerto Rico's use of Clemente's name and likeness on license plates and vehicle tags.

  • June 30, 2026

    Justices Won't Hear MSPB Case After Slaughter Decision

    The U.S. Supreme Court Tuesday denied a former Merit Systems Protection Board member's bid to review a D.C. Circuit decision upholding her firing from the agency, following a Monday high court decision finding that presidents have unlimited authority to fire members of independent agencies.

  • June 30, 2026

    Fla. Judge Sues Gov. To Force Appointment Of Replacement

    A recently retired Florida judge sued Gov. Ron DeSantis on Tuesday, saying the governor is violating the state constitution by failing to appoint someone to fill the judge's vacated appellate seat.

Expert Analysis

  • Texas Ruling Leaves Key Oil Royalty Question Unresolved

    Author Photo

    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.

  • Justices Widen Path For Confiscated Cuban Property Claims

    Author Photo

    For Americans holding claims to confiscated Cuban property, the U.S. Supreme Court’s recent decision in Havana Docks v. Royal Caribbean Cruises means that the expiration of their property interest is no longer a bar and that any company using such property is now a potential defendant, say attorneys at Bracewell.

  • Your Next Litigation Hold Should Cover AI Chat Logs

    Author Photo

    The Delaware Chancery Court’s recent decision in Fortis Advisors v. Krafton to treat a CEO’s artificial intelligence chats as substantive evidence is being read as a discovery warning to litigators, but there is a second duty-to-preserve lesson that is especially pertinent to in-house counsel, say attorneys at Faegre Drinker.

  • Opinion

    High Court's Abortion Pill Stay Reinforces Appellate Principles

    Author Photo

    The U.S. Supreme Court's recent order in Danco Laboratories v. Louisiana, staying a Fifth Circuit ruling that reinstated an in-person requirement for dispensing the abortion medicine mifepristone, should be seen not as a definitive ruling on reproductive rights, but as an affirmation of a more disciplined jurisdictional reality, says Daniel Nardo at Nardo & Associates.

  • Series

    Studying Foreign Languages Makes Me A Better Lawyer

    Author Photo

    Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

  • 6th Circ. Ruling Highlights Split On Labor Cost Depreciation

    Author Photo

    The Sixth Circuit's recent decision in Schoening Investment v. Cincinnati Casualty throws into relief the fine lines of courts' varying interpretations of whether a commercial property insurer may justifiably depreciate labor costs to determine the actual cash value of damage, says Nabila Rahim at Zelle.

  • 6th Circ. Ruling Broadest So Far In Wave Of Habeas Decisions

    Author Photo

    The Sixth Circuit’s recent opinion in Lopez-Campos v. Raycraft provides the most developed structural reasoning among rulings in a widening circuit split over mandatory detention after undocumented entry into the U.S., and supplies immigration practitioners a template for due process arguments in favor of habeas relief, says Kemal Hepsen at Mandamus Lawyers.

  • Opinion

    Murdaugh Reversal Masks Deeper Justice System Issues

    Author Photo

    The South Carolina Supreme Court's recent reversal of Alex Murdaugh's murder conviction leans heavily on improper jury influence by an ex-county clerk of court while underbilling other errors in the case, which are emblematic of larger issues with the justice system, says Barry Edwards at Fair Trial Analysis.

  • Del. Justices' Ripeness Ruling Shields Advance Notice Bylaws

    Author Photo

    The Delaware Supreme Court’s recent decision dismissing two AES and Owens Corning stockholder challenges of advance notice bylaws as unripe provides corporations more room to insulate their nomination procedures from activist pressure, say attorneys at Reed Smith.

  • How The High Court Expanded Freight Broker Liability

    Author Photo

    After the U.S. Supreme Court's decision in Montgomery v. Caribe Transport II that freight brokers may be liable for selecting unsafe motor carriers, the key question will be whether brokers used reasonable care in selecting a given motor carrier, with the concurring opinion offering some clues as to what reasonable care might look like, says Marc Blubaugh at Benesch.

  • 'Anderson Method' Ruling Shows Copyright Limits In Fitness

    Author Photo

    The Ninth Circuit's ruling in Tracy Anderson Mind and Body v. Megan Roup, finding that sequences of exercises developed and recorded by Tracy Anderson were not copyrightable choreographic works, is a reminder that even highly creative fitness programming can fall outside the scope of copyright protection, says Meredith Bobber Strauss at Michelman & Robinson.

  • 2nd Circ.'s Cantero Redo Complicates Mortgage Escrow Issue

    Author Photo

    The Second Circuit's recent decision in Cantero v. Bank of America reflects the absence of definitiveness in mortgage escrow preemption jurisprudence, leaving lenders to navigate conflicting state rules and pricing challenges amid a deepening circuit split, say attorneys at Sullivan & Cromwell.

  • 3 Rulings Show How Creditors Make Civil RICO Claims Stick

    Author Photo

    An Arizona federal court's recent decision concerning UniCredit Bank Austria is one of few in which creditors' claims against debtors for Racketeer Influenced and Corrupt Organizations Act violations have survived motions to dismiss, and these claims' substantial benefits make the rulings worth analyzing for guidance, says Brian Asher at Asher Research.

  • What Fed. Circ.'s Poultry Patent Ruling Says About 'About'

    Author Photo

    The Federal Circuit's recent decision in Enviro Tech v. Safe Foods highlights how approximation language in patent claims affects not only litigation outcomes, but also portfolio value, competitive positioning and prosecution strategy, say attorneys at Foley & Lardner.

  • Class Actions At The Circuit Courts: May Lessons

    Author Photo

    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings from cases involving allegations of Title VII violations, the Employment Retirement Income Security Act, prison dental care violations and overcharging for PACER access.

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.