Appellate

  • November 12, 2026

    Masimo, ITC Tell Justices To Skip Apple Watch Ban Appeal

    Masimo Corp. and the U.S. International Trade Commission said Thursday that the U.S. Supreme Court should ignore Apple's arguments that the Federal Circuit degraded the agency's domestic industry requirement by sustaining a finding that Apple watches infringed a pair of patents.

  • November 12, 2026

    Colo. Appeals Court Won't Rehear Emissions Rule Challenge

    The Colorado Court of Appeals said Thursday that it would not rehear environmental advocacy groups' challenge to a state agency rule on emissions monitoring, leaving intact a panel's October ruling that determined the rule "heightens, increases or raises" criteria for pollution permits beyond those already in place.

  • November 12, 2026

    4th Circ. Curbs Gov't Access To Journos' Comms Via LinkedIn

    The Fourth Circuit has limited the scope of an order directing LinkedIn to give up journalists' communications with alleged sources on the professional networking website in response to a federal leak probe, noting that the government's ability to investigate potential violations of the law is tempered by the First Amendment.

  • November 12, 2026

    EU High Court Adviser Backs Bulk Of €1.5B Google Fine

    A European Court of Justice advocate general said Thursday that the European Union's top court should upend a lower court decision scrapping a €1.49 billion fine imposed over Google's past restrictions against rival search engines on third-party websites using its advertising tools.

  • November 12, 2026

    Split 2nd Circ. Backs Habeas Win In 1992 Conn. Murder

    A divided Second Circuit panel affirmed a decision to free a man after he spent decades in prison for a Connecticut murder, holding that his trial attorney should have investigated the claims of an eyewitness who could have cleared him.

  • November 12, 2026

    11th Circ. Upholds $2.75M Award In Gag Clause Breach

    The Eleventh Circuit has affirmed a $2.75 million judgment against a woman for breaching a confidential agreement with a former intimate partner she claims sexually assaulted her, rejecting her arguments that the agreement was invalid and violated her First Amendment rights.

  • November 12, 2026

    6th Circ. Revives Mom's Free Speech Claim Over C&D Letter

    A Sixth Circuit panel has partially revived a Michigan mother's First Amendment claims against Lowell Area Schools and several of its employees, saying a cease-and-desist letter she received from a school principal possibly crossed the line from permissible persuasion to a prior restraint and speech ban.

  • November 12, 2026

    6th Circ. Rejects Fraud Claims Over $600M Train Deal

    Ohio residents who waived personal injury claims for extra payments from a $600 million settlement with Atlanta-based Norfolk Southern Corp. over a 2023 train derailment can't reclaim their right to sue the railroad giant, the Sixth Circuit ruled.

  • November 12, 2026

    Trial Judge Declares Win In Close Wash. Supreme Court Race

    King County Superior Court Judge Sean O'Donnell has declared victory in a tight race for a seat on the Washington State Supreme Court, with a roughly 1.5 percentage-point lead over state appellate Judge Ian Birk, according to preliminary results from the Nov. 3 election.

  • November 12, 2026

    Senate Confirms First Judge Of Lame-Duck Period

    The U.S. Senate confirmed Alabama Supreme Court Justice Gregory Cook to the Northern District of Alabama on Thursday, marking the first judicial confirmation of the lame-duck period.

  • November 12, 2026

    6th Circ. Revives Prisoner's Claims, Flags Litigation Loophole

    A Sixth Circuit panel has revived a Michigan prisoner's constitutional lawsuit, finding that two previously dismissed lawsuits did not count as strikes under a federal law restricting inmates' ability to file cases without paying court fees, while one judge urged Congress to close loopholes that allow prisoners to repeatedly bring meritless claims.

  • November 12, 2026

    Texas High Court Nixes Felon's Gun Sentencing Enhancement

    The highest criminal court in Texas on Thursday ruled in a split decision that a man convicted of being a felon in possession of a firearm cannot also be given a deadly weapon sentencing enhancement because his decision to fire the weapon was not the cause of his possession charge.

  • November 12, 2026

    Judge Cites Alito Dissent In Trump Birthright Order Fight

    A Washington, D.C., federal judge weighing whether to block the Trump administration's latest birthright citizenship executive order suggested on Thursday that the government's interpretation of the U.S. Supreme Court's recent citizenship ruling was contradicted even by Justice Samuel Alito's dissent in the case.

  • November 12, 2026

    Fla. Justices End Automatic Speedy-Trial Discharge Rule

    The Florida Supreme Court on Thursday quashed an intermediate appellate court's ruling that had vacated two felony convictions and sentences because the charges were filed after the speedy-trial period had expired, finding that Florida's rule on speedy trials never permitted discharge of charges without giving the state a recapture period.

  • November 12, 2026

    7th Circ. Wary Of Reviving Bid To Block DEI Grant Cuts

    Seventh Circuit judges appeared skeptical Thursday of an Illinois nonprofit's bid to block the Trump administration's cuts to its education grants, questioning whether the organization had ruled out future spending on diversity, equity and inclusion initiatives and whether the funding cuts amounted to viewpoint discrimination under the First Amendment.

  • November 12, 2026

    Posner Remembered For Wide Influence, Pragmatic Approach

    The iconoclastic, prolific and hugely influential Judge Richard A. Posner is being remembered for a lifetime of relentless advocacy for a more pragmatic approach to the law and a legacy that will ripple through American jurisprudence for decades to come.

  • November 12, 2026

    Remembering Richard Posner: A Prolific Jurist

    Judge Richard Posner died Tuesday at age 87, leaving a legacy as one of the most influential members of the judiciary who never served on the U.S. Supreme Court. Here, Law360 revisits its coverage over the years of the prolific retired Seventh Circuit judge, including interviews with him about his pragmatic approach to the law, his belief that the courts mistreat pro se litigants and his love of felines.

  • November 12, 2026

    Judge Newman's Former Atty Has Moved From DOJ To USPTO

    An attorney who had represented Federal Circuit Judge Pauline Newman for part of an ongoing legal battle over her suspension has moved to the U.S. Patent and Trademark Office after serving about a year at the U.S. Department of Justice, according to the patent agency.

  • November 12, 2026

    NJ Panel Won't Renew Country Singer's Helicopter Death Suit

    A New Jersey appeals panel refused to reinstate a wrongful death and defect suit from the widow of country singer Troy Lee Gentry over his death in a 2017 helicopter crash, backing the trial court's order on summary judgment.

  • November 12, 2026

    3rd Circ. Backs Union In Utility Co. Doctor's Note Dispute

    An electric utility must reimburse a lineman for a doctor's note he was asked to provide after calling out sick, the Third Circuit has ruled, finding that a lower court erred by rejecting an International Brotherhood of Electrical Workers local's bid to enforce an award ordering the reimbursement.

  • November 12, 2026

    Board Says Judges Must Explain Bond Proffer Credibility

    A Board of Immigration Appeals panel has vacated an immigration judge's bond release order, holding the judge seemingly relied on proffered assertions about the noncitizen's flight risk without addressing challenges the U.S. Department of Homeland Security had raised.

  • November 10, 2026

    Trump Swaps Out Blocked 8th Circ. Nominee With Ark. Justice

    President Donald Trump on Tuesday withdrew his pick for the Eighth Circuit and replaced him with a different nominee amid apparent opposition from Arkansas' senators. 

  • November 10, 2026

    Colo. Justices To Resolve Split On Insurer Disclosure Law

    The Colorado Supreme Court has agreed to resolve an appellate court split over whether state law imposes a penalty or damages against an insurer for failing to comply with a statute requiring it to provide certain policy information to claimants.

  • November 10, 2026

    Renewables Investors Defend $400M Of Awards Against Spain

    Renewable energy investors have asked the D.C. Circuit to affirm decisions enforcing their arbitral awards against Spain that are collectively worth hundreds of millions of euros, arguing that nearly every court outside of Europe to consider the awards has rejected the country's attempts to undermine them.

  • November 10, 2026

    Feds Swiped State Power For Calif. Pipeline, 9th Circ. Told

    Environmental groups and the state of California have asked the Ninth Circuit to block the federal government's approval of a Texas company's restart plan for an oil pipeline system near Santa Barbara, arguing that regulation of the pipeline lies with the Golden State. 

Expert Analysis

  • Religious Employer Bias Ruling Lands In Unsettled Landscape

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    Despite the Fourth Circuit's recent ruling in Doe v. Catholic Relief Services that a religious nonprofit violated federal and state antidiscrimination law by terminating health insurance coverage for a nonministerial employee's same-sex spouse, the boundary between religious autonomy and antidiscrimination law remains unsettled for lay employees, say attorneys at Ogletree.

  • Mich., NJ Rulings Show Evolving Law On Diminished Capacity

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    Recent rulings in New Jersey and Michigan demonstrate that even states recognizing the diminished capacity defense may adopt different rules for litigating it, leaving trial courts to grapple with when and how such evidence may be introduced, says Adam Wright at Wayne State University Law School.

  • What The 11th Circ.'s Qui Tam Ruling Left Unanswered

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    Although the Eleventh Circuit’s recent ruling in Zafirov v. Florida Medical Associates upheld the False Claims Act’s qui tam provisions under the appointments clause, its narrow reasoning leaves unresolved questions about presidential control over relator litigation that could sustain further constitutional challenges, says Taylor Chenery at Bass Berry.

  • Planning Personal Phone Collections Before Discovery Begins

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    For counsel planning a personal phone collection as part of the litigation discovery process, it's important to take early steps to ensure that necessary information will be obtained without exposing unrelated information or running into access issues, says Jeremy Horowitz at MARA Forensics.

  • High Court's H-2A Case Could Reshape Agency Adjudication

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    The U.S. Supreme Court will hear arguments in a case that concerns whether the U.S. Department of Labor may fine an employer for violating employment conditions in the H-2A visa program, but its eventual decision could chart the course for in-house adjudication across a broad swath of the federal government, say attorneys at Holland & Knight.

  • Calif. Sex Harassment Cases Clarify Limits On EFAA Waivers

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    Two recent rulings in California confirm that the plaintiff's knowledge drives waiver analysis under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, underscoring that employers should build a strong evidentiary record and pick their battles, says Ellen Connelly Cohen at Call & Jensen.

  • 2nd Circ. Ruling Limits Collection Beyond Restitution Terms

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    In a case involving a financial fraud conviction, the Second Circuit recently established a clear limit on the government's enforcement power under the Mandatory Victims Restitution Act while highlighting the importance of presenting an economic picture that accurately reflects the defendant's ability to pay at the time of sentencing, say attorneys at Lowenstein Sandler.

  • Criminal Discovery Practice Must Address Usability Problem

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    One of the more consequential practical problems in federal criminal defense is that the ability to deliver digital evidence has outpaced the ability of many defense teams to review it, but there are several potential solutions, says Patrick Garrity at Brad Bailey.

  • How Cos. Can Reassess Ad Tech After Wash. Pixel Use Ruling

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    The Washington Supreme Court's decision in Baker v. Seattle Children's Hospital, holding that the hospital website's use of Meta Pixel didn't violate the state’s privacy act, may provide a powerful defense against privacy claims, but shouldn’t be read as a blanket approval of advertising technologies, say attorneys at Duane Morris.

  • State Of Insurance: Q3 Notes From Illinois

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    In the past quarter, two Seventh Circuit rulings and an Illinois appellate decision applied state insurance law to issues ranging from the illusory coverage doctrine and an insured's right to independent counsel, to the time to commence uninsured motorist arbitration, says Matthew Fortin at BatesCarey.

  • Opinion

    Judges Must Turn To Merits Earlier To Fix Civil Justice System

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    The U.S. justice system is long overdue for a cultural shift that encourages judges to engage with the merits of a case from the outset, which would help to cut through procedural complexities and deliver high-quality justice efficiently and at lower cost, says Steven Kayman at Rottenberg Lipman.

  • Enviro Marketing Lessons From NY Greenwashing Ruling

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    A New York state appeals court recently affirmed the dismissal of a New York City suit accusing BP, Exxon and Shell of corporate and product greenwashing, providing practical lessons for framing comparative environmental claims carefully by ensuring that environmental claims are accurate, properly qualified and presented in context, say attorneys at V&E.

  • Justices' Intel Ruling Could Aid 401(k) Alternative Asset Push

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    Following the U.S. Supreme Court's recent oral arguments in Anderson v. Intel, a decision favoring Intel over a prudence claim against fiduciaries based on underperformance by comparing two funds that aren't meaningfully similar would undercut the most common litigation theory against including alternative investments in 401(k) plans, say attorneys at Simpson Thacher.

  • FCRA Ruling Previews Future Business Transaction Litigation

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    The Ninth Circuit's overturning of a class verdict against CenturyLink is a win for businesses facing Fair Credit Reporting Act willfulness claims, but the question of when a consumer initiates a transaction remains unanswered, say attorneys at Thompson Hine.

  • How Cos. Should Prepare For Democratic Oversight

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    Companies should begin preparing now for a new, Democratic-majority Congress — understanding how the oversight landscape has changed in recent years and monitoring leadership elections, new rules and potential select committees, say attorneys at Wiley.

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