Appellate

  • June 26, 2026

    NY Appeals Court Grants Hearing In Speedy Trial Fight

    A man sentenced to up to three years in prison for 2018 crimes including endangering the welfare of a child, stealing, violating an order of protection and harassment must have his trial delay claims addressed, a New York appeals court has ruled.

  • June 26, 2026

    5 ERISA Cases To Keep An Eye On In The Second Half Of 2026

    A U.S. Supreme Court challenge to Intel Corp.'s 401(k) investment lineup tops the list of cases benefits attorneys will be watching this summer and fall, though appeals involving health plan tobacco fees, plan forfeiture spending and a potential Eleventh Circuit precedent shift are also top of mind. Here, Law360 looks at five ERISA cases that attorneys should have on their radar as 2026 rolls on.

  • June 26, 2026

    High Court To Issue Big Decisions In Term's Final Days

    As the U.S. Supreme Court enters the final days of its term, the justices still have several major decisions to issue, including some concerning birthright citizenship, the president's power to remove independent agency officials, transgender athletes and election rules. 

  • June 26, 2026

    Scientologists Want 'Ignored' Boies Schiller AI Errors Review

    The Church of Scientology has asked the California Supreme Court to review an appellate order that didn't impose sanctions on Boies Schiller Flexner LLP for filing a brief containing artificial intelligence-generated citation errors in a harassment and retaliation suit pending against the church.

  • June 26, 2026

    Reed Smith Wants Pause In Ex-Atty's Bias Suit Amid Appeal

    Reed Smith LLP asked a New Jersey court on Thursday to stay a former attorney's gender discrimination suit against it while the attorney's appeal of the scope of the damages in the suit plays out.

  • June 26, 2026

    11th Circ. Told Loan Program Wasn't Commodities Investing

    An imprisoned foreign currency trader urged an Eleventh Circuit panel Friday to undo a $62 million fraud-related judgment in the Commodities Futures Trading Commission's lawsuit accusing him of misappropriating investor cash, arguing the money was lent to him and he wasn't pooling funds. 

  • June 26, 2026

    3rd Circ. Says Exculpatory Info Can't Undo Murder Conviction

    A man convicted of murder in 1995 can't reverse the jury's verdict based on the prosecution withholding impeachment evidence against two witnesses because he had not shown that evidence would have been likely to change the outcome of his trial, the Third Circuit ruled Friday.

  • June 26, 2026

    Mass. High Court Says Procedural Flaw Can't Sink Arb. Award

    An arbitrator did not exceed his authority in ordering partial recoupment of payments made by a general contractor to a subcontractor amid a dispute over invoices, Massachusetts' highest court said Friday.

  • June 26, 2026

    Del. Justices Back Trade Desk In Nevada Records Fight

    The Delaware Supreme Court on Friday upheld a Delaware Chancery Court ruling limiting a stockholder's inspection rights, affirming that The Trade Desk Inc. does not have to produce director emails and other informal communications sought in an investigation into the advertising technology company's 2024 reincorporation from Delaware to Nevada.

  • June 26, 2026

    Thermostat Patent Case Settles After Fed. Circ. Undid Verdict

    Two home automation companies have settled a case over a thermostat patent after the Federal Circuit undid an $11.5 million jury verdict awarded to one of them and faulted the judge overseeing the trial for using jury forms that collapsed all infringement allegations into a yes-no question.

  • June 25, 2026

    Robo-Surgery Co., FTC Urge 9th Circ. To Revive Antitrust Case

    Surgical Instrument Service and the Federal Trade Commission urged the Ninth Circuit on Thursday to revive the company's case accusing Intuitive Surgical of blocking third parties from refurbishing components for its da Vinci surgery robot, saying a lower court erred in requiring the U.S. Supreme Court's Kodak factors to be proven.

  • June 25, 2026

    9th Circ. Backs Removals For Child Endangerment

    A federal statute allowing noncitizens to be deported over convictions for a crime of child abuse, child neglect or child abandonment can encompass endangerment situations where a child was put in danger but not hurt, a Ninth Circuit panel ruled Thursday.

  • June 25, 2026

    CFTC, Prediction Market Trade Group Back Kalshi At 6th Circ.

    The U.S. Commodity Futures Trading Commission and a prediction market trade group are pressing the Sixth Circuit to affirm sole federal oversight of event contracts in separate briefs that argued state gambling laws are a poor fit to regulate trading on real-world events.

  • June 25, 2026

    Texas Faces Tough Questions In Tylenol Autism Appeal

    A Texas appellate court seemed skeptical Thursday of an argument that the parent entities of the company that sells Tylenol should have to defend claims that the pain reliever causes autism, suggesting that the companies don't have enough ties to Texas.

  • June 25, 2026

    Trucking Co. Can't Nix $2.8M Crash Judgment, 5th Circ. Says

    A trucking company accused of triggering a pileup on Interstate 20 in Mississippi cannot evade a $2.8 million default judgment, the Fifth Circuit ruled in a published opinion, saying "equity and justice do not compel giving" the company "a do-over now."

  • June 25, 2026

    Wash. Justices Back Climate Act Farm Fuel Exemption Regs

    The Washington Supreme Court unanimously rejected the Washington Farm Bureau's challenge to regulations surrounding a farm fuel exemption in a landmark 2021 law establishing the state's cap-and-invest program, finding Thursday the rule aligns with lawmakers' ultimate goal of curbing top greenhouse gas emitters.

  • June 25, 2026

    NJ Justices Say EMTs Immune In Brain Injury Suit

    The New Jersey Supreme Court on Thursday held that paramedics who treated a toddler's head injury, which led to a permanent brain injury, are entitled to immunity under a state statute governing emergency medical treatment, saying they acted in good faith and in accordance with the law's requirements.

  • June 25, 2026

    Feds Say Would-Be Kavanaugh Assassin Was Let Off Easy

    Both federal prosecutors and a Stephen Miller-founded public interest group believe that a Maryland federal judge let a woman accused of trying to kill U.S. Supreme Court Justice Brett Kavanaugh off too easy because of her gender identity and want the Fourth Circuit to order resentencing.

  • June 25, 2026

    Fired SpaceX Workers Can't Dodge Arbitration, 9th Circ. Told

    A SpaceX attorney Thursday urged the Ninth Circuit to revive its bid to arbitrate claims by eight former employees who say they were wrongfully terminated for complaining about CEO Elon Musk's sexually charged social media posts, saying they did not "adequately allege" sexual harassment.

  • June 25, 2026

    Calif. Justices Say Custody Credits Don't Pool Across Cases

    California's top court ruled Thursday that courts are not required to credit defendants for aggregate time served before sentencing in separate cases, reversing a state appellate court decision.

  • June 25, 2026

    Ohio Justices Reject Claims Of $115M Utility Overcharges

    The Ohio Supreme Court on Thursday rejected claims that consumers were overcharged by $115 million for electricity from aging coal-fired power plants in 2020, saying that utility regulators correctly determined that state law entitled the plants' owners to the payments.

  • June 25, 2026

    Colo. Panel Says Prehearing Objection Preserves Arb. Fight

    A Colorado Court of Appeals panel ruled Thursday that a party doesn't waive its right to object to arbitrability so long as the objection is raised prior to the arbitration hearing, even if the party participated in the arbitration proceedings for an extended period of time.

  • June 25, 2026

    AGs, Cable Orgs., Newsmax Back Nexstar Block At 9th Circ.

    A bipartisan coalition of state attorneys general have filed one of three amicus briefs urging the Ninth Circuit to fully preserve a preliminary injunction blocking Nexstar's purchase of Tegna, arguing the states challenging the deal have standing to sue and that only a broad block is appropriate.

  • June 25, 2026

    11th Circ. Judges Question Coke's View Of IRS As Arbitrary

    Judges for the Eleventh Circuit probed attorneys for Coca-Cola and the government Thursday about whether the IRS was arbitrary in abandoning its position in a closing agreement the beverage company had relied on for decades to calculate its transfer prices with related foreign suppliers.

  • June 25, 2026

    SCOTUSblog Founder Goldstein Blasts 'Inflated' DOJ Tax Math

    Convicted SCOTUSblog founder Tom Goldstein and federal prosecutors are clashing again over their dramatically divergent sentencing recommendations, with the defense accusing the government of presenting a "one-dimensional caricature" of the famed lawyer in seeking an eight-year sentence, and prosecutors accusing him of potentially deleting "secret chats" with his gambling backers.

Expert Analysis

  • How The High Court Expanded Freight Broker Liability

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    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

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    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

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    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

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    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'

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    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

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    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.

  • Texas Ruling Makes Avoiding Appraisal Nearly Impossible

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    By deciding that a coverage dispute doesn't nullify an appraisal clause, the Texas Supreme Court, in its recent Ace American Insurance ruling, makes appraisal nearly unavoidable in state personal auto and residential property disputes, says David Winter at Norton Rose.

  • Series

    NY Times Word Puzzles Make Me A Better Lawyer

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    Every morning I let The New York Times humble me with word games, which offer a chance to recalibrate my brain before the day's chaos arrives and remind me that a solution — whether to a puzzle or employment law issue — almost always exists once I find the right angle, says Amy Epstein Gluck at Pierson Ferdinand.

  • Tracking Tech Suit Is A Risk Management Reminder For Cos.

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    The Fifth Circuit recently heard oral argument in Rand v. Eyemart Express — an appeal that could reshape the legal landscape for businesses that deploy tracking tech on their websites — underscoring the importance of proactive risk management for companies across multiple industries, say attorneys at Blank Rome.

  • Series

    Law School's Missed Lesson: Diagnose Before Arguing

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    Law school often skips over explicitly teaching students how to determine what kind of problem a case presents before they commit to a particular doctrinal path, which risks building arguments that are internally coherent but externally misaligned, says Melanie Oxhorn at Kobre & Kim.

  • A Fed. Circ. Blueprint For Drafting Medical Device Patents

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    The Federal Circuit's decision in Constellation Designs v. LG last month, among other recent rulings, underscores the importance of emphasizing engineering, rather than clinical goals, when drafting patent claims for medical devices and software as a medical device, says Brandon Theiss at Volpe Koenig.

  • Decoding Arbitral Disputes: EU's Arb. Defense From Russia

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    The EU's latest package of restrictive measures against Russia marks a significant shift from merely resisting Russian jurisdictional tactics to proactively protecting arbitration and exclusive jurisdiction agreements, elevating the procedural importance of dispute resolution clauses, says Josep Galvez at 4-5 Gray's Inn Square.

  • Becoming The Biz-Savvy GC That Portfolio Companies Need

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    Candidates for general counsel roles at private equity-backed portfolio companies should prioritize proving their sector-specific experience, commercial judgment and ease with uncertainty — and attorneys hoping to be candidates in five to 10 years should start working on those skills now, says Dimitri Mastrocola at Major Lindsey.

  • Nielsen Appeal Tests Antitrust Limits Of Pricing And Bundling

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    In Cumulus v. Nielsen, the Second Circuit is considering a structural pattern in which a monopolist exploits upstream market power to foreclose downstream competition, which could potentially offer broad insight into how courts will assess exclusionary bundling and pricing defenses under antitrust law, says Luke Hasskamp at Bona Law.

  • Series

    Judges On AI: How Courts Can Survive The Tech Revolution

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    Colorado Supreme Court Justice Maria Berkenkotter and Colorado Court of Appeals Judge Lino Lipinsky de Orlov discuss how artificial intelligence has already fundamentally altered the legal system and offer tips for courts navigating deepfakes, hallucinations and a gap in access to AI tools.

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