Appellate

  • October 30, 2026

    Groups Urge High Court To Maintain Halt Of Big Bend Wall

    A group of environmental advocates urged the U.S. Supreme Court to keep in place an order that blocked construction of barriers along the Big Bend border, arguing immigration officials exceeded their authority when they circumvented certain environmental laws.

  • October 30, 2026

    1st Circ. Affirms Toss Of Challenge To DHS Records Rule

    Counsel for asylum-seekers and immigrants facing removal lack standing to challenge a U.S. Department of Homeland Security policy requiring them to obtain their clients' immigration and visa records via the Freedom of Information Act rather than discovery, the First Circuit has found.

  • October 30, 2026

    Judge Opens Ethics Inquiry Into DOJ's Golf Course Candor

    A D.C. federal judge opened an inquiry Friday into whether Trump administration attorneys and officials violated their ethical obligations to the court when they repeatedly told her that there were no plans to close East Potomac Golf Course for an overhaul at President Donald Trump's behest.

  • October 30, 2026

    Tire-Makers Urge 6th Circ. Not To Revive Price-Fixing Suit

    Tire manufacturers including Bridgestone, Goodyear and Michelin have told the Sixth Circuit that a lower court was right to toss a price-fixing case against them after finding the COVID-19 pandemic was the likely cause of price increases, not a conspiracy.

  • October 30, 2026

    DOJ Backs Ex-Wisconsin Judge's ICE Obstruction Conviction

    The U.S. Department of Justice told the Seventh Circuit that the high-profile conviction of a former Wisconsin state court judge for interfering with an ICE arrest was not compromised by her position on the bench or by jury instructions.

  • October 30, 2026

    Defamation Litigation Roundup: Benny Johnson, Mariah Carey

    In this month's review of defamation fights, Law360 highlights separate lawsuits against two conservative political figures accused of sharing false and disparaging online content, one brought by a left-wing streamer and another by protesters of Immigration and Customs Enforcement activities in Illinois.

  • October 29, 2026

    9th Circ. Revives Tequila-Maker's TM Fight With Sutter Home

    The Ninth Circuit on Thursday reversed a ruling that blocked Roar Spirits LLC from registering two El Bandido Yankee tequila trademarks, holding that a reasonable factfinder could conclude that differences between El Bandido Yankee and Sutter Home Winery's Bandit boxed wine trademark make it unlikely consumers would confuse the brands.

  • October 29, 2026

    Texas Court Backs Mom's Consent To Search Son's Room

    The highest criminal court in Texas ruled Thursday that law enforcement were justified in believing they could search a man's bedroom without violating his Fourth Amendment rights because he lived at home with his mother, and she granted police access to search her entire home. 

  • October 29, 2026

    Utah Officials Say 10th Circ. Rightly Revived Psilocybin Case

    County and local officials in Provo City, Utah, urged the Tenth Circuit not to give a religious group a second chance at arguing that it shouldn't be prosecuted for using psilocybin in its practices, slamming the church's arguments as "overblown."

  • October 29, 2026

    WTA Appeals Ruling Keeping Tennis Antitrust Suit Alive

    The corporate and commercial entity that operates the Women's Tennis Association said Wednesday it will file an interlocutory appeal challenging a New York federal judge's ruling last month denying its bid to force antitrust claims brought by tennis players into arbitration.

  • October 29, 2026

    Colo. Justices Won't Review Hospital's Injunction Compliance

    The Colorado Supreme Court declined Thursday to take up transgender youth patients' challenge to a Denver judge's ruling that discharged their contempt citation against Children's Hospital Colorado for not resuming providing medical gender-affirming care to transgender adolescents.

  • October 29, 2026

    Panel Says Municipalities Can't Be Sued Under Colo. FCA Law

    In a matter of first impression, the Colorado Court of Appeals Thursday found that a municipality can't be held liable under the Colorado False Claims Act because a municipality isn't a "person" under the statute.

  • October 29, 2026

    7th Circ. Probes Trump's Challenge Of Ill. Sanctuary Laws

    The Seventh Circuit pressed the Trump administration Thursday to address how refusal by Illinois and other sanctuary jurisdictions to help federal officers take custody of immigrants leaving state jails amounts to unlawful interference with federal immigration law, while also expressing skepticism that such cooperation amounts to unconstitutional commandeering of local law enforcement resources.

  • October 29, 2026

    EMT Immunity Doesn't Cover Driving, Wash. Justices Say

    Emergency medical technicians' qualified immunity from negligence claims in Washington does not extend to driving ambulances, a divided state Supreme Court held Thursday, ruling that the transportation of patients falls outside EMTs' statutory immunity for rendering emergency services.

  • October 29, 2026

    Gov't Urges Court To Dismiss $50B Ligado Takings Case

    The federal government has urged the U.S. Court of Federal Claims to dismiss Ligado's attempt to secure $50 billion over claims the Pentagon prevented the company from using valuable spectrum rights it bought for exclusive use to build a terrestrial wireless network.

  • October 29, 2026

    Pa. Supreme Court OKs Cancer Misdiagnosis Retrial

    The Pennsylvania Supreme Court on Thursday greenlighted a new trial in a suit accusing a doctor of rendering the wrong type of cancer treatment to a patient, which caused her to die more quickly, solidifying the state's risk of harm standard in medical malpractice cases.

  • October 29, 2026

    Fla. Court Dismisses Ex-School GC Grand Jury Secrecy Case

    A Florida state court Thursday tossed an indictment alleging a former school general counsel unlawfully violated the secrecy of a grand jury convened after the 2018 Parkland school shooting after the state's highest court declined to hear prosecutors' appeal to reinstate criminal charges earlier this week. 

  • October 29, 2026

    US Tells Justices FedEx Can't Appeal Interested Party Order

    The U.S. government has urged the U.S. Supreme Court to ignore a petition from FedEx Corp. seeking review of whether Qualcomm Inc. complied with real-party-in-interest requirements when it challenged FedEx patents, saying the Federal Circuit got it right by declining to hear the case.

  • October 29, 2026

    Wash. Panel Says Man Didn't Possess Cached Abuse Image

    A Washington appeals court has reversed a man's conviction on one of four counts related to images of child sexual abuse, ruling he was incorrectly found to be in knowing possession of an image that was automatically saved to his computer's hard drive without his knowledge.

  • October 29, 2026

    Tort Reform Helps Walmart Upend Loss In Fall Case

    A Georgia appeals court on Thursday backed Walmart's bid for a new trial in a slip-and-fall case in which a woman won a $975,000 verdict, saying her attorneys' references to monetary values for pain and suffering during closing arguments didn't fly under a 2025 amendment to state law.

  • October 29, 2026

    Courts Can't Nix Calif. Waiver Moves, EPA Tells DC Circ.

    The Trump administration has urged the D.C. Circuit to restore the U.S. Environmental Protection Agency's move to make Clean Air Act waivers for California subject to potential rescission by lawmakers, saying a lower court wrongly intruded on Congressional authority in blocking the effort.

  • October 29, 2026

    Judge Stark Advises Attys To Confront Flaws In Their Cases

    Federal Circuit Judge Leonard Stark suggested at a conference Thursday that attorneys can improve their odds of success on appeal by addressing the weaknesses in their cases and explaining why they should still prevail, since that is how judges think when making decisions.

  • October 29, 2026

    Pa. Justices Undo Contempt Over Vulgar Insult To Judge

    The Pennsylvania Supreme Court ruled Thursday that a courtroom observer who called a Philadelphia judge a vulgar name as he left his friend's evidence-suppression hearing should not have been held in contempt and sentenced to 30 days in jail, since his insult had not significantly disrupted the proceedings.

  • October 29, 2026

    5th Circ. Sinks Motorola's Discovery Bid For IP Feuds Abroad

    The Fifth Circuit on Thursday reversed a lower court's approval of Motorola's discovery request for use in foreign proceedings in litigation brought by Advanced Standard Communication LLC over allegations of patent infringement, saying the district court "erred legally and analytically."

  • October 29, 2026

    9th Circ. Won't Unblock Calif. Captive Meeting Law

    The Ninth Circuit on Thursday upheld a lower court order blocking California from implementing its law banning so-called captive audience meetings, saying the employer groups that challenged the law showed the law likely infringed on their First Amendment rights.

Expert Analysis

  • Pa. Anti-SLAPP Ruling Shows Risks Of Atty Defamation Suits

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    A Pennsylvania federal court’s recent Lento Law Group v. Estrada ruling addressed an unsettled question about mandatory fee-shifting provisions in the state’s anti-SLAPP law — and illustrates why attorneys should think twice before suing former clients over negative online reviews, say attorneys at Pietragallo Gordon.

  • 9th Circ. 'Bad Spaniels' Ruling Rewrites TM Dilution Playbook

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    The Ninth Circuit’s recent ruling that each element of the Jack Daniel's packaging parodied by the Bad Spaniels dog toy must be independently assessed for fame narrows trademark owners' ability to use a flagship mark's halo effect to protect the entire brand from tarnishment, say attorneys at Reed Smith.

  • Fed. Circ. In July: Meeting The Enablement Requirement

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    The Federal Circuit's decision in Wyeth v. AstraZeneca last month exemplifies when a generalized conception of an invention is insufficient to enable the full scope of asserted patent infringement claims, and may lead to more enablement challenges, say attorneys at Knobbe Martens.

  • Calif. Ruling Opens Del. Cos. Up To Stockholder Inspection

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    A California appellate court's recent decision in Salamon v. Orchid Global underscores that despite last year's amendments to the Delaware General Corporation Law, Delaware companies with principal operations in California remain subject to California's broader and more stockholder-protective inspection regime, say attorneys at Sheppard.

  • What 9th Circ. Devas Ruling Means For AI Infrastructure Deals

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    The Ninth Circuit's recent confirmation of a $2 billion arbitration award in Devas Multimedia's arbitration against a state-owned commercial arm of India’s space agency creates a cross-border enforcement road map for disputes that are bound to arise from the current generation of artificial intelligence infrastructure deals, says Fernanda Merouco at Davis Wright.

  • 9th Circ. Wage Ruling Shows Arbitration Pacts Are Still Useful

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    After years of uncertainty for California employers, the Ninth Circuit’s recent Cocom v. ABM Aviation decision signals that workplace arbitration agreements remain a powerful and enforceable tool — if thoughtfully drafted and employment-focused, says Benjamin Runge at Thompson Coburn.

  • Series

    Taekwondo Makes Me A Better Lawyer

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    Taekwondo has taught me to recognize when to fight for a position and when to focus on finding a solution, and that the best outcomes are often achieved by solving problems — all of which has improved my work as a bankruptcy lawyer, mediator and Subchapter V trustee, says Amy Denton Mayer at Berger Singerman.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses seven recent rulings from cases involving Class Action Fairness Act jurisdiction, appellate jurisdiction, attorney fees and employment rights.

  • 3rd Circ. Hotel Ruling Flags Key Issues In Dynamic Pricing

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    The Third Circuit's recent decision in Cornish-Adebiyi v. Caesars Entertainment relies on allegations that competitors used nonpublic data to set real-time rates considered exorbitant, highlighting both the potential risks and substantial benefits of utilizing emerging technologies, say attorneys at Baker McKenzie.

  • 4th Circ. Class Cert. Ruling Offers Tips For Damages Experts

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    The Fourth Circuit's recent decision reversing class certification in litigation against Boeing raises the cost of a bare-bones damages model proposal for plaintiffs, but it also clarifies what a defensible proposal should contain, say Alok Khare and Erica Rose at FTI Consulting.

  • Opinion

    'Plain Meaning' Requires Plainer Meaning In IP Litigation

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    The Federal Circuit's recent decision in Socket Solutions v. Import Global highlights the frequent ambiguity surrounding courts' references to "plain meaning" in patent claim construction — an ambiguity that should be resolved by courts, not litigants, say attorneys at Klarquist Sparkman.

  • What To Know As Legal Duty To Consider AI Takes Shape

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    While the U.K. Jurisdiction Taskforce’s recent statement on liability for artificial intelligence harms is nonbinding for both U.K. and U.S. lawyers, it highlights the importance of being able to distinguish between the availability of a tool and a professional obligation to use it, say Jonny Frank and Michael Costa at StoneTurn.

  • Patent Ruling Shows Concrete Tech Solution Key To Eligibility

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    The Federal Circuit’s recent Ceiva Opco v. Amazon.com decision offers an important reminder that software-related inventions can remain patent eligible when they claim a concrete technological solution to a specific problem, says Irah Donner at Manatt.

  • Appellate Vape Rulings May Expand State Regulation Powers

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    Two recent federal appeals courts decisions rejecting Federal Food, Drug and Cosmetic Act preemption challenges to state electronic nicotine delivery systems directory laws signal an emerging appellate consensus that could significantly expand states' power to regulate vaping product sales where federal enforcement falls short, say attorneys at Troutman.

  • How Solar Fraud Case Affects Lender Oversight Of Dealers

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    The U.S. Supreme Court's refusal to review the Third Circuit's ruling in Migliore v. Sunlight Financial means that residential solar finance companies are protected from vicarious liability for deceptive acts by independent solar dealers — but lenders must still take steps to guard against dealer misconduct, says Rand Manasse at Green Lane Partners.

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