Appellate

  • September 17, 2026

    1st Circ. Lets HUD Shift $1.3B In Homelessness Aid

    A First Circuit panel said the U.S. Department of Housing and Urban Development may redirect $1.3 billion in homelessness funding from programs that focus on permanent housing to those supporting temporary shelter and assistance, finding the Trump administration likely was not required to go through a notice-and-comment procedure.

  • September 17, 2026

    For Single-Party FTC, Easier Suits May Come With A Cost

    The Federal Trade Commission has ditched its historical multimember, multiparty ethos for a one-party regime in which fewer dissents might make it easier for Chairman Andrew Ferguson to pursue his agenda, but it also forecloses the potential "moderating influence" that comes with winning broad buy-in from commissioners of two parties.

  • September 16, 2026

    Detroit Must Face Negligence Claim Over Ambulance Crash

    Detroit must face claims that an ambulance driver negligently killed a patient he was transporting by running a red light at high speeds without emergency lights on and causing a crash that made it roll over, a Michigan state appeals court has ruled, saying a jury needs to hear the evidence.

  • September 16, 2026

    Texas Supreme Court Weighs Bankruptcy Exemption For LLC

    Texas Supreme Court justices pushed a man who declared bankruptcy to spell out why his share in a limited liability company should get exempt status, asking Wednesday if any states have ruled that interest in an LLC is exempt property during bankruptcy.

  • September 16, 2026

    3rd Circ. Says Most Strip Searches Require Warrants

    A Third Circuit panel on Wednesday ruled that police cannot conduct warrantless strip searches outside of jails or prisons absent consent or an emergency, but found that Pennsylvania officers who unconstitutionally searched a man enjoy qualified immunity from his civil rights claims because the limitation was not clearly established at the time.

  • September 16, 2026

    Texas Justices Press Mall Owner On Mass Shooting Liability

    The Texas Supreme Court justices wanted the owner of an outlet mall in Allen, Texas, that saw a devastating mass shooting to explain why a case brought by the victims should be tossed, saying Wednesday that dismissal might remove incentives for businesses to protect customers.

  • September 16, 2026

    11th Circ. Leaves Softball Coach's Sex Bias Win Intact

    The Eleventh Circuit on Wednesday upheld a $300,000 verdict for a women's softball coach who said Alabama State University suspended her due to sex discrimination, unpersuaded by the school's argument that the suspension wasn't an adequate basis for a bias claim.

  • September 16, 2026

    10th Circ. Won't Revive Doctor's Age, Sex Bias Suit

    The Tenth Circuit has backed a Utah medical clinic and hospital's win in an emergency trauma physician's lawsuit claiming she was fired because of her age and sex, ruling that the physician failed to show the clinic's reason for terminating her was pretextual.

  • September 16, 2026

    Split Conn. High Court Won't Shield Yale Accuser's Name

    In a 4-3 opinion Wednesday, the Connecticut Supreme Court said a trial judge correctly dismissed a sexual assault accuser's emergency 2024 request to remove her name from transcripts in the long-closed criminal prosecution of former Yale student Saifullah Khan, ruling the trial court lost jurisdiction after a jury's 2018 acquittal.

  • September 16, 2026

    9th Circ. Greenlights Blocking Kalshi Contracts On Tribal Land

    The Ninth Circuit on Wednesday reversed an order denying California tribes' request for a preliminary injunction seeking to block Kalshi and Robinhood from offering sports-event contracts on tribal lands, finding the tribes will likely win their Indian Gaming Regulatory Act claims, and "this is the 'stuff' of sports betting."

  • September 16, 2026

    1st Circ. Seems Torn Over Health Plan Surcharge For Smokers

    A First Circuit panel appeared divided Wednesday over whether a casino company is required to refund tobacco use fees after smokers on the company's health plan complete a tobacco cessation program.

  • September 16, 2026

    EPA's Policy Repeals May Spell Exit From Climate Regulation

    The U.S. Environmental Protection Agency's latest move to undo Biden-era greenhouse gas emissions rules lays legal groundwork for the agency to completely abandon climate change regulation, though it remains to be seen whether courts will endorse a full-blown retreat.

  • September 16, 2026

    Kroger Faces Skepticism In Bid To Slash Wash. AG's Fee Win

    A Washington appellate judge expressed skepticism Wednesday at Kroger's bid to dismiss or reduce the state's $28.4 million fee award for successfully challenging the proposed merger with Albertsons, saying Kroger doesn't know how the Washington State Attorney General's Office split the work with the lead law firm that handled the bench trial.

  • September 16, 2026

    1st Circ. Won't Upend City's Win In Firefighters' Bias Dispute

    The First Circuit on Wednesday upheld a jury's verdict in favor of Springfield, Massachusetts, in a suit brought by two Black firefighters who claimed the city stymied advancement opportunities because of their bias complaints, saying it found no issue with the way the lower court handled the trial.

  • September 16, 2026

    Newman Saga Prompts Bill To Limit Judicial Suspensions

    The long-running saga over Federal Circuit Judge Pauline Newman's fitness to remain on the court has exposed "major flaws" in the judicial accountability system, according to a Republican member of the House who introduced a bill Wednesday to reform it.

  • September 16, 2026

    4th Circ. Doubts Standing In $9B Lockheed Pension Fight

    The Fourth Circuit appeared open Wednesday to shutting down retirees' challenge to a $9 billion Lockheed Martin pension risk transfer, with judges voicing doubt about a Maryland judge's holding that ex-Lockheed workers had the standing needed to keep their case in court.

  • September 16, 2026

    Fla. Panel Revives Suit Claiming Soccer Club Investment Lies

    A Florida state appellate court on Wednesday revived an investor's lawsuit alleging he was misled into contributing $2 million to a digital technology company after believing it would serve as a vehicle to purchase an English professional soccer team, saying his fraudulent inducement-related claims were dismissed too quickly.

  • September 16, 2026

    1st Circ. Hints Trump Admin Sought To Skirt Review Of Cuts

    The First Circuit on Wednesday repeatedly suggested that the Trump administration had sought to evade court review by intentionally failing to issue written guidance before it began shuttering federal programs targeted by the president in an executive order last year.

  • September 16, 2026

    Del. Defends Absentee Voting Law At State High Court

    Two Delaware Senate candidates urged the Delaware Supreme Court on Wednesday to strike down the state's permanent absentee voting system as unconstitutional, while state election officials defended the law as a valid way to administer absentee voting for people who remain eligible over multiple elections.

  • September 16, 2026

    9th Circ. Revives Bad Faith Claim In Title Insurance Row

    A split Ninth Circuit panel on Wednesday partially reinstated Washington state property owners' suit accusing an insurer of bad faith by refusing to defend them and representing their opposing neighbors in an easement dispute, saying the lower court improperly relied on a case that didn't address bad faith.

  • September 16, 2026

    11th Circ. Revives Walmart Malicious Prosecution Claim

    The Eleventh Circuit affirmed Wednesday a lower court's decision to assert jurisdiction over some, but not all, of the state law claims leveled by a man who sued Walmart after a shoplifting arrest, but revived a malicious prosecution claim against the retail giant. 

  • September 16, 2026

    Nielsen Says Cumulus Order Illegally Dictates Sale Terms

    A Nielsen Co. attorney on Wednesday blasted a federal judge's order that he said dictated the terms of the company's sale of nationwide radio ratings to Cumulus Media, telling a Second Circuit panel that the new order was "completely different" from an injunction the appellate court had upheld.

  • September 16, 2026

    9th Circ. Backs OpenAI, Microsoft Win Over Source Code Suit

    The Ninth Circuit on Wednesday affirmed the dismissal of a case brought by a group of anonymous programmers who accused OpenAI and Microsoft of taking source code from public repositories on GitHub, ruling that the programmers had not sufficiently put the court on notice that they wished to pursue a theory related to artificial intelligence inputs.

  • September 16, 2026

    9th Circ. Revives Doctor's Medicare Sanctions Challenge

    A Ninth Circuit panel revived a doctor's constitutional due process challenge to a 10-year bar the Centers for Medicare and Medicaid Services imposed on his Medicare billing privileges, finding a district court wrongly concluded he had to first exhaust his administrative remedies.

  • September 16, 2026

    10th Circ. Clears The Way To Fill Denver's Expanded Reservoir

    The Tenth Circuit has cleared the way for Denver Water to begin filling an expanded reservoir that holds the city's water supply, finding the U.S. Army Corps of Engineers did not err when approving a permit for the project.

Expert Analysis

  • How Litigants Are Testing Conversion Therapy Ruling's Scope

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    Litigants are already using the U.S. Supreme Court’s recent Chiles v. Salazar ruling, which applied strict scrutiny to Colorado’s conversion therapy ban, to challenge laws limiting algorithmic rental pricing, artificial intelligence-based discrimination and anti-union employer speech, and courts must soon decide Chiles’ First Amendment limits, say attorneys at O'Melveny.

  • How Justices' TPS Ruling Affects Workforce Planning

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    The U.S. Supreme Court’s recent holding in Mullin v. Doe that courts lack jurisdiction to review temporary protected status determinations greenlights the end of TPS for thousands of Syrian and Haitian nationals, and means employers must reevaluate TPS-designees' employability while avoiding discriminatory document practices, says attorney Richard Herman.

  • How Pfizer Won Fed. Circ. Patent Dispute By 1 Carbon Atom

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    The Federal Circuit's recent refusal to revive a patent in Enanta Pharmaceuticals v. Pfizer over an alleged typo creating a one-atom difference in a COVID-19 treatment application hands defendants a template for potentially converting a triable fact question into an early dispositive ruling, say attorneys at Polsinelli.

  • What To Know Before Justices Rule In Title IX Employee Case

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    The U.S. Supreme Court is poised to decide whether Title IX protections extend to employees alleging sex discrimination in Crowther v. Board of Regents of the University System of Georgia, which could have significant implications for higher education institutions and their employees, say attorneys at Ropes & Gray.

  • Fed. Circ. Ruling Highlights The Cost Of Incorrect Inventorship

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    The Federal Circuit's recent decision in Fortress Iron v. Digger Specialties, affirming that a fencing company's patents were invalid due to a missing co-inventor, is a reminder that confirming correct inventorship should be a critical part of every patent invalidity workup, say attorneys at Neal Gerber.

  • Future Of Fed Independence Shaky After Justices' Ruling

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    The U.S. Supreme Court's recent ruling in Trump v. Cook preserved the Federal Reserve's formal independence but could invite the president to remove board members with just modest protections, leaving the central bank's autonomy uncertain and potentially setting up fresh clashes over other agencies, says Steven Schwinn at the University of Chicago.

  • Series

    Mich. Banking Brief: All The Notable Legal Updates In Q2

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    The second quarter brought several notable financial services law developments to Michigan, including a U.S. Supreme Court ruling on state tax foreclosures, progress on a money transmission modernization bill package, and continued legislative momentum on cryptocurrency and mortgage lending, say attorneys at Dykema.

  • Justices' Ruling Alters Playing Field For State Subpoena Suits

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    The U.S. Supreme Court’s decision in First Choice Women’s Resource Centers v. Davenport will spark more federal court challenges to state subpoenas, but procedural defenses will block some merits decisions, so plaintiffs must carefully time and manage parallel federal and state proceedings, say attorneys at Troutman.

  • Looking At Drake's Diss Track Appeal Through An IP Lens

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    Though Drake's pending Second Circuit appeal over UMG's promotion of Kendrick Lamar's "Not Like Us" is formally about defamation, it shows that IP considerations can help identify records showing how a work traveled, which may guide courts when deciding context, says attorney Abdul Abdullahi.

  • Series

    Bass Fishing Makes Me A Better Lawyer

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    Landing a trophy striped bass and closing a big deal both require cultivating the patience to finesse — not force — your way to desired outcomes, changing course when your old approach isn’t working and learning from the ones that got away, says Jon Ruiss at Alston & Bird.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q2

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    The year's second quarter brought several notable banking law developments to New York, including a proposal to align state stablecoin rules with the federal Genius Act, fresh fair lending and cybersecurity guidance from state regulators, and a significant Second Circuit holding on preemption, say attorneys at Ashurst Perkins Coie.

  • PacifiCorp Ruling Shows Limits Of Aggregate Wildfire Loss Models

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    An Oregon appeals court's recent decision in James v. PacifiCorp illustrates that in litigation involving multiple wildfires, materially different causation theories, and evidence tied to particular fires and locations, a single undifferentiated damages model is vulnerable to attack, say Paige Van Oosten and Jason Kim at Hunton and Kevin Cahill at FTI Consulting.

  • Roundup

    The Most Talked-About Supreme Court Decisions Of 2026

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    This term, 11 U.S. Supreme Court decisions quickly became hot topics among Law360's guest writers.

  • A New Defense For Medicaid Fraud Cases In Texas

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    The Texas Supreme Court decision in LabCorp v. Texas last month, finding that the state's False Claims Act requires proof that an omission is material, is among the first to establish that the government's lack of reaction to the defendant's disclosures rendered alleged omissions immaterial, say attorneys at Sheppard.

  • Fighting The Evidentiary Risks Of Deepfakes In Court

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    Though courts and federal rules are only slowly developing frameworks for assessing digital evidence that could have been created or generated by artificial intelligence, litigators should understand what steps they'll likely need to take to successfully challenge potentially deepfaked exhibits — and fight questions about the authenticity of their own, say attorneys at MoFo.

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