Appellate

  • August 10, 2026

    9th Circ. Backs City Of Tacoma In Pension Liability Rate Fight

    A Ninth Circuit panel sided with the city of Tacoma, Washington, in a pension fund dispute Monday, holding that a lower court correctly upheld an arbitrator's reassessment of the city's liability after it withdrew from the Western Metal Industry Pension Fund following the expiration of underlying collective bargaining agreements.

  • August 10, 2026

    9th Circ. Backs FDA's Denial Of Fruit-, Candy-Flavored Vapes

    The Ninth Circuit on Monday affirmed the U.S. Food and Drug Administration's denial of Drip More LLC's applications to sell candy- and fruit-flavored vapes, saying the company didn't show those flavors provide an additional benefit to adult smokers that justifies the added risks that young people will use the products.

  • August 10, 2026

    6th Circ. Says Police Chief Immune From Hemp Farmer's Suit

    A panel of the Sixth Circuit has ruled that qualified immunity shielded a small-town police chief from civil rights claims lodged by an Ohio man who had dreams of farming hemp, finding the officer had probable cause to search and impound the man's car and arrest him.

  • August 10, 2026

    Michel, Startups Back Injunction Bid In Samsung Patent Case

    Former Chief Federal Circuit Judge Paul Michel, patent law professors and a group of startup companies on Monday backed Collision Communications Inc.'s bid for a permanent injunction on Samsung products found to infringe its patents, saying courts have misread U.S. Supreme Court precedent.

  • August 10, 2026

    9th Circ. Backs Wash. In PacifiCorp Carbon Law Regs Fight

    A divided Ninth Circuit panel declined on Friday to reinstate PacifiCorp's claims that Washington's carbon emissions cap-and-invest program unconstitutionally increases electricity prices for its out-of-state customers, concluding that the power company has not plausibly alleged the targeted regulations discriminate against interstate commerce.

  • August 10, 2026

    Mexico Urges Justices To Take Up $47M Award Suit

    Mexico has asked the U.S. Supreme Court to take another look at the D.C. Circuit's opinion refusing to vacate a $47 million arbitral award issued to a Canadian lender, saying the justices need to establish a uniform standard to determine when a tribunal exceeded its powers.

  • August 10, 2026

    Okla. Co. Says Rig Seizure Claims Don't Need Redo

    An Oklahoma-based oil drilling company urged the U.S. Supreme Court not to disturb a D.C. Circuit ruling ordering Venezuela's state-owned oil company to face long-pending expropriation allegations, saying an underlying circuit split is too narrow to warrant the high court's attention.

  • August 10, 2026

    IBM Defeats Software Co. In Copyright Fight At 2nd Circ.

    A software company failed to persuade the Second Circuit to undo a federal judge's decision allowing IBM to dodge a copyright suit, with the appellate court on Monday agreeing the case was time-barred.

  • August 10, 2026

    Fed. Circ. Backs Axing Of Digital Chart Patents Under Alice

    The Federal Circuit on Monday said a California federal court was right to find that patents covering digital interactive charts are invalid under the U.S. Supreme Court's Alice decision, saying the patents "provide no meaningful limitation to the abstract idea" of creating charts.

  • August 10, 2026

    Ex-Altria Worker Gets Partial 4th Circ. Win In 401(k) Fight

    The Fourth Circuit revived part of an ex-Altria worker's suit claiming the company didn't move quick enough to liquidate his 401(k) assets so he could invest the cash in anticipation of a stock market bump, finding Monday he was improperly denied a contract document for the plan's record keeper.

  • August 10, 2026

    School Board Wins Appeal Over Football Game Fatal Shooting

    A New Jersey appellate court on Monday held that the Pleasantville Board of Education can't be held civilly liable for the death of a 10-year-old boy who was shot at a high school football game, ruling that the boy's estate was unable to demonstrate that the school board acted with deliberate indifference to any foreseeable danger.

  • August 10, 2026

    Meta Loses Appeal Days Before Social Media Trial Begins

    The Ninth Circuit said Monday it lacks jurisdictional authority over Meta's appeal in a social-media-addiction multidistrict litigation at this stage, saying Section 230 of the Communications Decency Act can provide a defense to liability but not immunity from a lawsuit.

  • August 10, 2026

    Fed. Circ. Won't Hit Refresh On Patent Claims Against Netflix

    The Federal Circuit on Monday refused to restore a content streaming patent Netflix was accused of infringing, agreeing with the Patent Trial and Appeal Board that an earlier patent rendered the claims of the patent invalid.

  • August 10, 2026

    11th Circ. Backs Unions In Members' Race Bias Suit

    The Eleventh Circuit upheld a win Monday for a pipe fitters union in a lawsuit alleging it routinely passing over Black journeyman pipe fitters for work assignments in favor of white workers, finding the claims failed to show that the unions had established discriminatory referral practices.

  • August 10, 2026

    11th Circ. Affirms Ga. University System's Win In Bias Suit

    The Eleventh Circuit on Monday upheld a win for the University System of Georgia in a disability discrimination case brought by a former respiratory therapy student who alleged he was improperly found to be endangering patients' safety and given a failing grade as punishment.

  • August 10, 2026

    Mich. Transit Authority Can Call County Atty In Board Dispute

    The Bay Area Transportation Authority may call a Grand Traverse County attorney as a witness in a dispute over appointments to its board, a Michigan appellate panel ruled, finding the attorney's late addition to the witness list would not prejudice the county.

  • August 10, 2026

    Fed. Circ. Reverses PTAB On Prior Art Issue Over Dental IP

    The Federal Circuit on Monday reversed a Patent Trial and Appeal Board decision that invalidated a group of claims in a Dental Monitoring SAS dental imaging patent, finding that a previous provisional patent application was missing a written description and thus can't be used as prior art.

  • August 10, 2026

    8th Circ. Nixes Native American Worker's Race Bias Suit

    The Eighth Circuit on Monday upheld a clinical research institute's defeat of a lawsuit from a former manager who said she was laid off because she's Native American, siding with the institute's assertion that she was let go for budgetary reasons because her position was funded with internal money.

  • August 10, 2026

    Fed. Circ. Reverses Ax Of Commerce Duty Review Deadline

    The U.S. Department of Commerce's 15-day preliminary deadline for indicating interest in a sunset review of duty orders is within the department's statutory authority, a Federal Circuit panel ruled, reversing a U.S. Court of International Trade ruling spiking the deadline.

  • August 10, 2026

    Mich. Panel Revives Sewage Damage Suits Over Service Fight

    Minor procedural variations in service do not warrant dismissal of a case as long as defendants are adequately informed of the pending litigation, a Michigan Court of Appeals panel said in a published opinion Thursday.

  • August 10, 2026

    Conn. Justices Order New Murder Trial Over Cell Data Flub

    The Connecticut Supreme Court on Monday said a lower court was correct to vacate a felony murder conviction based on a defense lawyer's failure to question a police expert about an animation that purported to pinpoint a defendant's cellphone movements based on tower location data.

  • August 10, 2026

    Mass. Court Says Insurer Must Defend Doctor In Stalking Case

    Massachusetts' highest court has ruled that an insurance company must defend a doctor in disciplinary proceedings for allegedly stalking and harassing a patient to whom he prescribed an addictive medication for several years.

  • August 10, 2026

    NJ Justices Rule No Purpose Needed In Takings Ordinances

    The New Jersey Supreme Court on Monday held that municipalities do not need to state the public purpose for which private property is being taken within the measure authorizing condemnation, backing a lower court's finding that a borough properly used eminent domain to take over a 50-room motel where it plans to provide parking and electric vehicle charging.

  • August 10, 2026

    3rd Circ. Shuts Down Driver's CBS, Teamsters Retaliation Suit

    The Third Circuit declined Monday to reinstate a driver's suit claiming he was blocked from working on CBS film sets out of age bias and for complaining that Teamsters leaders were handing jobs to their friends, ruling that his case fell apart because the union didn't make hiring decisions.

  • August 10, 2026

    Biz Owners Appeal Morgan Lewis Win In Tax Shelter Suit

    A pair of business owners asked the Florida Supreme Court to reverse a decision affirming judgment in favor of Morgan Lewis & Bockius LLP in a dispute over whether the law firm had routed income through illegal tax shelters.

Expert Analysis

  • 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.

  • Justices' Cuba Ruling Narrowly Recasts Sovereign Immunity

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    The U.S. Supreme Court recently allowed Exxon Mobil's bid for $1 billion in damages for Cuban-seized property to proceed, but the ruling's doctrinal significance is in treating the Helms-Burton Act as a later, specific and self-contained statutory displacement of the default jurisdictional immunity regime, says Josep Galvez at 4-5 Gray's Inn.

  • 'Tiger King' Funeral Clip Ruling Offers Fair Use Road Map

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    The Tenth Circuit's decision in Whyte Monkee v. Netflix that the streaming service's use of another party's funeral footage in the docuseries "Tiger King" constituted fair use lays out a framework for producers to apply the four statutory fair use factors to their own projects, says Frank D’Angelo at Loeb & Loeb.

  • Justices Stand On Statutory Specifics In Cisco And Landor

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    With its June 23 decisions in Cisco Systems Inc. v. Doe and Landor v. Louisiana Department of Corrections and Public Safety, the U.S. Supreme Court doubled down on the critical point that the statute invoked in a federal claim must authorize a private lawsuit and the remedy sought, says Patrick Judd at Phelps Dunbar.

  • Justices' Concurrences Foretell Fault Line On Appeal Waivers

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    The U.S. Supreme Court recently ruled 8-1 in Hunter v. U.S. that appeal waivers that produce a miscarriage of justice are unenforceable, but the decision's concurrences indicate future divisions over whether this exception will be used as a rare safety valve or to police ordinary but troubling plea errors, say attorneys at RJO.

  • How Montgomery Ruling Will Affect Cos. Across Supply Chain

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    Since the U.S. Supreme Court's May 14 decision in Montgomery v. Caribe Transport II, the immediate focus has been on freight brokers and negligent carrier-selection claims, but the ripple effects may extend to shippers, logistics providers, insurers, transportation managers and other participants in the supply chain, say attorneys at Quintairos Prieto.

  • High Court's FCC Fine Ruling Reframes Agency Enforcement

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    The U.S. Supreme Court's recent decision in Federal Communications Commission v. AT&T sweeps aside uncertainty about what kinds of regulatory enforcement trigger a Seventh Amendment right, say attorneys at Squire Patton.

  • How 6th Circ. Tightened NLRB Injunction Standard

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    The Sixth Circuit's recent ruling in Kerwin v. Trinity Health Grand Haven Hospital, dissolving a Section 10(j) injunction obtained by the National Labor Relations Board against an employer that refused to bargain, will make it harder for the NLRB to obtain injunctions while prosecuting unfair labor practice proceedings, say attorneys at Bass Berry.

  • After Durnell, Connecting Science And Causation Will Be Key

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    The U.S. Supreme Court's June 25 decision in Monsanto v. Durnell narrowed label-based failure-to-warn claims — meaning that going forward, viable theories will depend even more on whether experts can reliably connect scientific evidence to the causal proposition the law requires, says Alex Smolak at Weill Cornell Medicine-Qatar.

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