Appellate

  • July 02, 2026

    IRS Unveils Portal For Claiming Late-Filed COVID-Era Refunds

    The IRS quietly rolled out an online portal dedicated to individuals and businesses seeking to take advantage of the Federal Claims Court's decision allowing a California business owner to recover late-filed refunds for penalties and interest tied to the COVID-19 pandemic.

  • July 02, 2026

    NJ Justices Say Council Can't Invalidate $25 DWI Surcharge

    The New Jersey Supreme Court ruled Thursday that a watchdog group established by the state's constitution exceeded its authority when it invalidated a surcharge attached to the New Jersey law against driving while intoxicated.

  • July 02, 2026

    Fla. Panel Nixes Challenge To Order Limiting Expert Payments

    A Tallahassee public defender may not petition a Florida appellate panel to challenge a circuit court chief judge's administrative order imposing a rate schedule for court-appointed expert compensation that denies payment for sanity evaluations, the panel found, determining that the appeals court lacks jurisdiction over an administrative order.

  • July 02, 2026

    US Bank Retirees Ask To Drop 8th Circ. Pension Fight

    U.S. Bank retirees asked the Eighth Circuit to dismiss their appeal of the bank's early win in their federal benefits lawsuit alleging that their early retirement payments were unlawfully reduced, telling the court they had opted not to pursue a revival bid for the case.

  • July 02, 2026

    Del. High Court Revives $100M Paragon Fraud Case

    The Delaware Supreme Court has revived fraud claims arising from private equity firm Stellex Capital Investors' $100 million acquisition of automotive components manufacturer Paragon Metals LLC, ruling that the buyer justifiably relied on the seller's contractual warranties.

  • July 02, 2026

    Top International Trade Developments Of 2026: Midyear Report

    The fallout from the U.S. Supreme Court striking down President Donald Trump's global tariff regime kept international trade attorneys busy in the first half of 2026, with the shifting landscape largely occupied by other tariffs and their respective court challenges. Here, Law360 examines the top developments in international trade so far this year.

  • July 02, 2026

    Fired NCUA Democrats Say Slaughter Ruling Is On Their Side

    Democrats who sued after President Donald Trump booted them from the National Credit Union Administration's board have signaled they will keep seeking reinstatement, pressing ahead after the U.S. Supreme Court ruled the president can fire most federal regulators at will.

  • July 01, 2026

    7th Circ. Questions Contempt On Hytera Radio Redesign

    A Seventh Circuit panel seemed unsure Wednesday that a district court correctly found Motorola Solutions Inc. entitled to a cut of Hytera Communications Corp. Ltd.'s sales of redesigned mobile radios under a 2022 royalty order entered after a jury found Hytera liable for trade secret theft.

  • July 01, 2026

    Texas Panel Says Family Can't Sue Doctors Over Birth Injuries

    A woman who suffered life-threatening complications following a cesarean section saw her medical malpractice lawsuit end Tuesday, after a Texas appellate court said her expert witness could not show that her two doctors caused the injuries.

  • July 01, 2026

    5th Circ. Shields Apple From Sharing IP Docs With Xiaomi

    Apple Inc. and Blackberry Corp. do not have to share their patent licensing agreements beyond outside counsel for a Chinese rival involved in overseas litigation, the Fifth Circuit ruled, saying it was "premature" for a lower court to determine that German law and Indian law require the disclosure to in-house counsel.

  • July 01, 2026

    3 Federal Circuit Clashes To Watch In July

    A patent owner's effort to undo a Texas jury verdict clearing Samsung of infringing a wireless patent and an appeal of a ruling that Dartmouth College and a supplement maker owe $9 million for filing an "unreasonable" vitamin patent suit are among the cases the Federal Circuit will hear this month.

  • July 01, 2026

    NJ Cops Can Accept Warrantless Location Info From Feds

    A New Jersey appeals court has said it won't overturn the gun trafficking conviction of a man who was arrested in part due to cellphone location data that was acquired by federal law enforcement in Ohio, which didn't require a warrant to get the information.

  • July 01, 2026

    California Court Trims State Charges In Pelosi Hammer Attack

    A split California appeals court has ruled that the man who attacked Paul Pelosi, the husband of former House Speaker Nancy Pelosi, correctly obtained dismissal of several charges from his state court indictment.

  • July 01, 2026

    'Do Your Part,' Mass. Judge Chides Read Case Attys Post-Leak

    A Massachusetts judge on Wednesday lectured counsel in the high-profile civil case against Karen Read, the Massachusetts woman acquitted of murdering her Boston police officer boyfriend, to honor their ethical obligations after sensitive information leaked on social media.

  • July 01, 2026

    Fla. Panel Backs Permit Holders' Win In Miami Dock Suit

    A Florida appellate panel on Wednesday upheld a lower court win for two residents who took out a permit to build a dock at their Miami residence, finding that the dock didn't unreasonably obstruct a neighbor's view of the waterway. 

  • July 01, 2026

    6th Circ. Backs Smucker In Salmonella Coverage Dispute

    An alleged salmonella outbreak that potentially tainted peanut butter produced by J.M. Smucker Co. is a single occurrence under its commercial general liability policies, the Sixth Circuit affirmed Wednesday, saying Smucker's peanut butter production did not constitute 225 separate occurrences that are each subject to a $250,000 retainer.

  • July 01, 2026

    Conn. Justices Allow Death Damages Input After $8.5M Verdict

    The Connecticut Supreme Court will allow the Connecticut Defense Lawyers Association and the American Medical Association to weigh in on whether legally distinct damages are available for losing the ability to enjoy life's activities and for death itself as the justices consider an $8.5 million verdict against a knee surgeon's medical practice.

  • July 01, 2026

    Tatneft Fights 'Indefinite' Stay In $173M Ukraine Award Case

    One of Russia's largest oil companies pressed the D.C. Circuit on Tuesday to unpause litigation aimed at enforcing a confirmed $173 million arbitral award against Ukraine, saying that the proceedings have now been on hold for more than four years without any indication of when they might resume.

  • July 01, 2026

    High Court's Guardrails Won't Ease Fight Over Trans Athletes

    The U.S. Supreme Court's decision permitting states to ban transgender athletes from girls' sports was written in simple terms, but attorneys tracking the issue see the ruling as a flashpoint for further litigation.

  • July 01, 2026

    Ga. Justices Pass On Co.'s Challenge To Workers' RICO Suit

    The Georgia Supreme Court has declined to hear a construction company's challenge to an appellate ruling that revived a lawsuit from two former human resources directors who claimed they were fired for raising concerns about fraudulent work authorization records.

  • July 01, 2026

    Goldstein Calls Gov't's Attack On Text Messages 'Hypocrisy'

    Lawyers for convicted SCOTUSblog founder Thomas Goldstein have rejected prosecutors' claims that the famed U.S. Supreme Court lawyer may have deleted messages between himself and his poker backers, calling the government "hypocritical" after it had previously argued that Goldstein could authenticate the messages if he took the stand at trial.

  • July 01, 2026

    Doc Asks To Seek Defamation Punitive Damages Against CNN

    A doctor has asked the Florida Supreme Court to lift a stay on his petition to seek punitive damages against CNN over a 2015 story about pediatric surgery mortality rates, citing the high court's recent decision that lowered the evidentiary bar to add punitive damages claims.

  • July 01, 2026

    3rd Circ. Backs Sentence Bump For Gun's 1 Marred Serial No.

    A Third Circuit panel upheld a Pennsylvania man's sentence for possessing a firearm as a felon on Wednesday, finding that an enhancement applied since his pistol had one serial number defaced.

  • July 01, 2026

    NC Panel Says Worker Shooting Suit Belongs In Commission

    A North Carolina appellate panel on Wednesday sent a widower's suit over the shooting death of his wife by a coworker to the state's Industrial Commission, saying that new evidence produced after a previous appeal shows that the shooting was work-related and therefore falls under the state's Workers' Compensation Act.

  • July 01, 2026

    8th Circ. Keeps Missouri's 340B Contract Pharmacy Law Alive

    The Eighth Circuit declined Wednesday to temporarily block a Missouri law that bars drugmakers from imposing restrictions on federally funded providers that contract with pharmacies to distribute discount drugs in the 340B drug discount program.

Expert Analysis

  • Justices' Obstruction Ruling Clears Venue-Challenge Path

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    While the U.S. Supreme Court’s recent ruling in Abouammo v. U.S. poses venue challenges for federal obstruction of justice prosecutions, it is a gift for defense counsel because it offers a clean, constitutional basis to challenge venue where a place of falsification and a place of investigation diverge, says Liz Aloi at MoFo.

  • Drawing A Line Between Settlement Pressure And Extortion

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    U.S. v. Luo, pending in the U.S. District Court for the Southern District of New York, may force courts to address anew when settlement negotiations become criminal extortion, particularly in the age of easily fabricated digital evidence, says attorney Denis Kiely.

  • Recent Cases Clarify When Risk Disclosures Trigger Liability

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    Several recent decisions highlight circumstances where risk disclosures can constitute actionable misrepresentations, providing clarity on how the Private Securities Litigation Reform Act's safe harbor and the common-law bespeaks caution doctrine apply to risk disclosures, and how publicly traded companies can guard against such claims, say attorneys at Katten.

  • Securities Class Cert., 5 Years After Goldman Ruling

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    The U.S. Supreme Court's 2021 decision in Goldman Sachs Group v. Arkansas Teacher Retirement System has not only armed defendants in securities cases with more arguments in individual class certification fights, but may also be providing greater certainty and finality in class certification battles, say attorneys at Skadden.

  • Opinion

    Md., Colo. Climate Rulings Point To Need For Federal Solution

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    As the U.S. Supreme Court prepares to review the Colorado Supreme Court's 2025 ruling in Boulder County v. Suncor U.S. Inc., which green-lit a state-level climate lawsuit, a recent conflicting ruling from the Maryland Supreme Court underscores why a uniform federal answer on climate litigation is needed now, says Phil Goldberg at Shook Hardy.

  • High Court's FCC Ruling Adds To Comms Industry Paradox

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    The Supreme Court's recent decision in Federal Communications Commission v. AT&T, finding that the FCC's informal forfeiture process survives Seventh Amendment scrutiny, opens some doors for regulated entities, but the practical effect may be surprisingly constrained, says Jonathan Marashlian at The CommLaw Group.

  • Series

    Founding An Autism Academy Made Me A Better Lawyer

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    Starting a nonprofit autism school with no building, no funding model and no guarantee that families would trust us taught me the importance of mission, patience and purpose — lessons that sharpened my practice and showed how meaningful work outside the office can make lawyers better, says Phillip Russell at Ogletree Deakins.

  • Why Private Sector Should Watch Gov't DEI Firing Class Bid

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    Former federal employees' class certification attempt in Fell v. Trump is worth following, as their challenge of the Office of Personnel Management's elimination of DEI positions raises questions about commonality in employee classes and protections for nonminority advocacy that reach beyond the public sector, says Shaun Southworth at Southworth PC.

  • When Do Murals Qualify For IP Protection?

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    Artist Robert Wyland recently sued FIFA for painting over his 1999 "Ocean Life" mural to make room for a World Cup promotion in Dallas, spotlighting questions over the extent to which copyright law and the Visual Artists Rights Act protect different types of art, say attorneys at Armstrong Teasdale.

  • How Justices' Habeas Ruling Limits Compassionate Release

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    The U.S. Supreme Court's recent holding in Fernandez v. U.S. that a federal prisoner who challenges their conviction's validity must do so through habeas, not compassionate release, considerably narrows the universe of arguments that can support a sentence reduction, says attorney Elizabeth Franklin-Best.

  • The Banking Issue Hiding In Justices' Freight Broker Ruling

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    While the U.S. Supreme Court’s recent liability preemption ruling in Montgomery v. Caribe Transport was front-page news for the transportation industry, the banking industry seems to have missed that the decision exposes freight broker lenders to credit, documentation and litigation issues, say attorneys at Barack Ferrazzano.

  • Insurance Ruling Extends NY Bad Faith To 3rd-Party Coverage

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    In Renergy v. Mt. Hawley Insurance, a New York federal court recently granted a policyholder leave to amend its complaint to clarify a bad faith claims handling cause of action, confirming, after nearly 20 years, that bad faith damages are available in the third-party liability context, say attorneys at Barnes & Thornburg.

  • Opinion

    Rule Of Law Requires Gov't Engagement With Bar, Not Retreat

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    A federal agency's absence from national and local bar conferences, most recently illustrated by the U.S. Department of Justice's withdrawal from a New York City Bar Association white collar conference, disserves the bar, the government lawyers themselves and, ultimately, the administration of justice, says Muhammad Faridi at Linklaters.

  • Fed. Circ. Clarifies Standard For Contesting CICA Overrides

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    The Federal Circuit's recent holding in Life Science Logistics strengthens the hand of protesters facing an override of the Competition in Contracting Act stay, and a Court of Federal Claims decision the same day demonstrates that how a protester frames its requested relief remains critically important, says Richard Arnholt at Bass Berry.

  • The Paradoxical Duty To Adopt AI When You Can't Bill For It

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    Both billing for hours saved using artificial intelligence and preserving billable time by not adopting AI may violate rules of professional conduct, but until bar associations' ethics rules catch up to this emerging economic dilemma, firms must decide how to adjust fee structures themselves, says Ines Lassalle at Peyrot & Associates.

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