Appellate

  • August 17, 2026

    Happy Egg Breaks 'Pasture Raised' False Ad Class At 9th Circ.

    The Ninth Circuit on Monday threw out class certification of California and New York consumers accusing the company behind the Happy Egg brand of deceptively labeling egg cartons with promises that its hens are "pasture raised on over 8 acres."

  • August 17, 2026

    9th Circ. Says Statute Mandates Central Valley Contract Switch

    A Ninth Circuit panel on Monday ruled the U.S. Bureau of Reclamation had no duty to complete environmental reviews before it converted dozens of water service contracts for the Central Valley Project in California in a process intended to help fund storage improvements.

  • August 17, 2026

    Mass. Justices Reject Injured Roofer's Negligent Hiring Suit

    Massachusetts' top court said Monday that state law does not recognize a negligent hiring claim when it is lodged by a subcontractor's worker against the general contractor and tossed a suit seeking to hold the contractor liable for a roofer's nearly fatal fall.

  • August 17, 2026

    10th Circ. Skeptical Of Gov't In Rwandan Refugee Appeal

    The Tenth Circuit on Monday pushed back against the U.S. government's contention that a Rwandan woman can't seek judicial review of its decision to terminate her refugee status during a rehearing of the woman's challenge of the termination. 

  • August 17, 2026

    Kalshi Loses Bid To Block Conn. Enforcement

    A Connecticut federal judge has denied a bid from KalshiEX to keep offering sports contracts while it pursues an appeal before the Second Circuit, finding the prediction market's arguments for a stay had already been rejected by the court and that it has not shown it is likely to win on appeal.

  • August 17, 2026

    Attorneys Skeptical Of Trump's 11th Circ. Appeal Of IRS Case

    Six attorneys who weighed in on President Donald Trump's $10 billion suit against the Internal Revenue Service told a Florida federal court Monday that he hasn't demonstrated that he will prove that its ruling that the settlement from the suit lacked a legitimate controversy violated due process.

  • August 17, 2026

    Mich. Panel Says Notice Rule Doesn't Bar Workers' Bias Suit

    A Michigan appellate panel has refused to dismiss sex discrimination, hostile work environment and retaliation claims by Wayne County Community College District police employees, ruling that the college is a local political subdivision and not subject to the Court of Claims Act's notice requirement.

  • August 17, 2026

    Medtech Group Faults Fed. Circ. Trade Secret Timing Rule

    A medical technology trade group and a University of Texas law professor are urging the full Federal Circuit to revisit a decision that wiped out Insulet Corp.'s trade secret win against EOFlow Co. Ltd. after finding the suit untimely, reversing a $452 million jury verdict that had been reduced to $59.4 million.

  • August 17, 2026

    Justices Asked To Ban Ten Commandments In Texas Schools

    Two dozen families on Monday urged the U.S. Supreme Court to overturn the Fifth Circuit's decision allowing Texas to require public schools to display copies of the Ten Commandments in classrooms, arguing the decision "egregiously" ignores several of the high court's religious freedom precedents.

  • August 17, 2026

    10th Circ. Won't Rehear Okla. Death Row Gender Bias Claim

    The Tenth Circuit will not reconsider its decision upholding convicted murderer Brenda Andrew's death sentence after the U.S. Supreme Court revived her claim that the use of sexualized and gender-stereotyped evidence at trial violated her constitutional rights.

  • August 17, 2026

    NC Court Won't Revisit Pot-Smell Basis For Car Search

    The North Carolina Supreme Court has again affirmed that the smell of cannabis can serve as the basis of a police search, noting that the court had already weighed in on the issue in a similar case earlier this year.

  • August 17, 2026

    2nd Circ. Says Public Can Film Police And Their Stations

    The Second Circuit said Monday it has joined "a growing chorus of our sister circuits" in finding a constitutional right to record law enforcement activity in public, as well as police buildings, but still turned away a self-described First Amendment auditor's lawsuit over his arrest while filming the exterior of a Connecticut police station.

  • August 17, 2026

    11th Circ. Revives Royal Caribbean 401(k) Fund Suit

    The Eleventh Circuit reversed a win on Monday for Royal Caribbean in a suit from cruise ship workers who alleged they lost 401(k) savings because of shoddy target-date investment funds, holding that a lower court erred in handing the cruise company an early win in a challenge to the prudence of their investment management.

  • August 17, 2026

    Justices Won't Reconsider Verizon's $47M FCC Fine

    The U.S. Supreme Court is not interested in reconsidering how it worded its June opinion upholding the Federal Communications Commission's authority to issue monetary penalties, despite Verizon arguing that the ruling left it between a rock and a hard place concerning the $47 million fine it already paid.

  • August 17, 2026

    Chattah Can't Serve As Acting Nevada US Atty, 9th Circ. Says

    The Ninth Circuit on Monday upheld a lower court ruling that Nevada's top prosecutor was not put in place lawfully and was barred from overseeing the criminal cases giving rise to the appeal, the latest state where courts have shut down attempts by the Trump administration to fill U.S. attorney vacancies without Senate confirmation.

  • August 17, 2026

    4th Circ. Says Waiver Applicants Aren't Shielded From ICE

    Federal immigration regulations do not prevent the government from deporting an unlawfully present noncitizen who is married to a U.S. citizen and is seeking to avoid being statutorily barred from reentering the country amid the green card process, the Fourth Circuit ruled.

  • August 17, 2026

    NC Gov. Nixes GOP Bill To Let Chief Justice Suspend Judges

    North Carolina Gov. Josh Stein on Monday vetoed a bill that would allow the chief justice to suspend trial court judges under investigation by the Tar Heel State's judicial watchdog, criticizing lawmakers as "playing politics" with the judiciary.

  • August 17, 2026

    Georgia DA Wants A Say In Trump Election Case Fee Battle

    Fulton County District Attorney Fani Willis is urging a Georgia appellate court to undo an order blocking her from intervening in a bid by President Donald Trump and others to recoup $16 million in legal fees in a dismissed election interference case, saying her office has a significant financial interest at stake.

  • August 17, 2026

    Mich. Homeowner Qualifies For Exemption, Court Rules

    A Michigan homeowner who lived in the state while her husband lived in Washington state is eligible for a principal residence exemption despite filing a nonresident return for one year, a panel of the Michigan Appeals Court ruled. 

  • August 17, 2026

    Biotech Asks 1st Circ. To Undo Red Cross Antitrust Immunity

    A biotech firm asked the First Circuit on Friday to undo a district court decision granting the American Red Cross immunity from antitrust allegations, arguing the blood donation giant was wrongly deemed an "instrumentality" of the U.S. government even though it functions as an independent corporation.

  • August 17, 2026

    Rebel Creamery Hits Ch. 11 After $24M Loss To Van Leeuwen

    Ice cream company Rebel Creamery has filed for Chapter 11 protection in Utah bankruptcy court with about $24 million in debt, one month after losing a trademark lawsuit brought by rival Van Leeuwen.

  • August 17, 2026

    7th Circ. Reverses Alcoa Union Retirees' Lifetime Benefits Win

    The Seventh Circuit reversed an Indiana federal court's decision holding that certain union retirees of aluminum giant Alcoa and their beneficiaries had a vested right to health benefits for life, finding error with the lower court's judicial estoppel analysis that formed the basis for its judgment on liability.

  • August 17, 2026

    Justices Again Deny Review Of $5M Carroll Verdict

    The U.S. Supreme Court on Monday denied President Donald Trump's request to rehear his challenge to a $5 million verdict finding he sexually abused writer E. Jean Carroll.

  • August 14, 2026

    Barrage Of Amici Urge Justices To Mandate 12-Person Juries

    Former judges, ex-prosecutors, criminal defense attorneys, civil rights groups, Catholic bishops, university professors and others are urging the U.S. Supreme Court to find that the Constitution requires 12-person juries to decide trials for serious crimes, taking aim at Florida's practice of seating six-person juries for most criminal trials.

  • August 14, 2026

    In First, 2nd Circ. Allows DNA Warrant Without Match Sample

    The Second Circuit has ruled that a man cannot suppress a court-ordered DNA sample in his murder case even though police had not identified a viable comparison sample from the crime scene, becoming the first federal circuit court to address the question.

Expert Analysis

  • 11th Circ. Ruling Reflects Shift In Digital Consent Frameworks

    Author Photo

    The Eleventh Circuit's recent decision in Tejon v. Zeus Networks that a browsewrap terms-of-service hyperlink was insufficiently conspicuous to bind a consumer to an arbitration agreement could accelerate a broader industry shift to clickwrap as the baseline for enforceable digital consent, say attorneys at Sheppard.

  • 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.

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.