Appellate

  • July 10, 2026

    11th Circ. Refers Atty For Discipline Over Suspected AI Entries

    The Eleventh Circuit on Friday referred an attorney for potential discipline over a brief he filed in a client's retaliation lawsuit against the Florida Department of Corrections, ruling that the attorney failed to explain how several defective quotes and citations ended up in the brief.

  • July 10, 2026

    The Biggest TM Rulings Of 2026: A Midyear Report

    The Seventh Circuit placed limits on trademark plaintiffs in cases against foreign online sellers accused of counterfeiting, and the Trademark Trial and Appeal Board issued precedential decisions with fresh guidance on what marks can get on — or stay on — the federal trademark register. Here is Law360's list of the biggest trademark rulings so far this year.

  • July 10, 2026

    Over 2,600 Attys, Professionals Urge Blocking Blanche As AG

    More than 2,600 lawyers and legal professionals on Friday urged lawmakers to oppose the nomination of Todd Blanche for attorney general, saying Blanche's dismissal of the idea that the U.S. Department of Justice should be independent from the White House and his record as interim attorney general make him unfit for the role.

  • July 10, 2026

    Fla. High Court Backs Broad Reading Of Workers' Comp Law

    Florida's Supreme Court rejected an appeals court's narrow take on the state's workers' compensation law that shut down a manager's bid for benefits after he was shot while walking out of work, ruling he can get paid if he shows his work environment increased his risk of assault.

  • July 10, 2026

    Dissolved LLC Can't Revive Trade Secret Suit, 5th Circ. Says

    The Fifth Circuit has refused to revive a defunct Louisiana company's trade secret suit against a business that won a bid for certain onshore drilling assets and the bank that financed the buy, finding it dissolved itself before actually filing the case.

  • July 10, 2026

    Ex-Reed Smith Atty Fights Pausing Bias Suit Amid Appeal

    A former Reed Smith LLP attorney pushed back on the firm's bid to stay her gender discrimination suit against it while the attorney's appeal of the scope of the damages in the suit plays out.

  • July 10, 2026

    8th Circ. Says SD Tribe Waited Too Long On School Debt Fight

    A panel of the Eighth Circuit has rejected a South Dakota tribe's appeal in a dispute with the U.S. Interior Department over millions of dollars of allegedly over-collected school funding debt, saying the tribe had ample opportunity to challenge the agency's findings yet chose not to do so.

  • July 10, 2026

    11th Circ. Upholds Airline's Win In COVID Discrimination Case

    A group of workers for a commercial airline and a related entity failed to support their claims that the companies' COVID-19 pandemic-era policies discriminated against their religious beliefs, the Eleventh Circuit ruled Friday, while sharply criticizing their attorney for his misuse of artificial intelligence.

  • July 09, 2026

    2nd Circ. Won't Halt Payout Of Trump's $5M To E. Jean Carroll

    The Second Circuit refused to halt an order requiring Donald Trump to pay a $5 million jury verdict finding he sexually abused writer E. Jean Carroll, while the New York district judge who issued the order explained it was time for Trump "to 'do equity'" and pay up.

  • July 09, 2026

    Ohio Justices Say Juries Can Sort Out Carbon-Copy Counts

    A divided Ohio Supreme Court held that in cases where a criminal defendant faces multiple carbon-copy charges in an indictment, jury instructions are not required to assign specific unique conduct to each count in order for a jury to convict.

  • July 09, 2026

    7th Circ. Upholds Ill. Ban On AR-15s, High-Capacity Magazines

    The Seventh Circuit on Thursday upheld an Illinois state law banning assault weapons and high-capacity magazines, reversing a lower court that deemed it unconstitutional and holding that restrictions on highly lethal, military-style weapons are "consistent with the principles that underpin our nation's tradition of firearm regulation."

  • July 09, 2026

    Fed. Circ. Doubts $9M Atty Fees Without Dismissal Attempt

    A Federal Circuit panel didn't seem swayed Thursday that ChromaDex's patent infringement suit against Elysium Health had any merit, but the judges struggled to understand why Elysium never tried to dismiss a case it believed was so weak.

  • July 09, 2026

    9th Circ. Spurns Doxo's Bid To Arbitrate Class Action

    The Ninth Circuit backed a Washington district court's decision to deny online bill-pay service Doxo Inc.'s bid to arbitrate class claims that it deceived customers by not disclosing fees upfront, saying the company waited too long and litigated too much before pushing for arbitration.

  • July 09, 2026

    Mass. Justices Affirm Posttrial Forensic Exam Of Cellphones

    Massachusetts' highest court said Thursday that a man convicted of murder may seek posttrial access to cellphones to look for potential evidence in support of a new trial, explaining that a 2012 statute expanding access to forensic testing for biological material also applies to digital and electronic evidence.

  • July 09, 2026

    5th Circ. Prods Highland-Affiliated Co. On Ex-CEO's 'Privity'

    A Fifth Circuit panel pressed an entity related to Highland Capital to explain why a fraudulent transfer claim against Highland's former CEO should stand following a separate consent judgment, asking when the former chief executive ceased to be "in privity with Highland."

  • July 09, 2026

    2nd Circ. Allows Suits Against Defunct $1B Fund's Underwriter

    Investors in a defunct $1 billion mutual fund can continue to pursue state court lawsuits against the fund's underwriter over the objections of the special master appointed to oversee the fund's reserves, the Second Circuit ruled on Thursday. 

  • July 09, 2026

    Transportation Cases To Watch: Midyear Report 2026

    Clashes over the Trump administration's bid to void California's vehicle emissions standards, federal restrictions on commercial drivers' licenses for foreign truckers and Boeing 737 Max securities litigation involving class certification standards are among the court battles that transportation attorneys are monitoring in the latter half of 2026.

  • July 09, 2026

    Conn. Justices Back Dem Leader's Ballot Fraud Conviction

    The Connecticut Supreme Court on Thursday affirmed the forgery and false statements convictions of Stamford Democratic party leader John Mallozzi, rejecting his claim that a judge should have allowed him to present an undisclosed, last-minute handwriting expert at his absentee ballot fraud trial.

  • July 09, 2026

    3rd Circ. Unsure DHS Can Deny Virtual Access For Detainees

    The Third Circuit seemed skeptical of the federal government's argument Thursday that it had no obligation to offer immigrant detainees virtual access to state criminal courts, questioning whether the U.S. Department of Homeland Security was denying detainees' rights to a speedy trial or access to evidence.

  • July 09, 2026

    Fla. Justices Back Toss Of Sham Publix Slip-And-Fall Suit

    The Florida Supreme Court on Thursday backed the dismissal of a woman's slip-and-fall complaint against Publix Supermarkets Inc., rejecting an appellate panel's use of a more stringent standard to determine if discretion was abused when tossing the lawsuit due to fraud on the court. 

  • July 09, 2026

    Photographers Group Rebuts Judiciary On Court Cameras

    The National Press Photographers Association pushed back on the federal judiciary's claims that allowing cameras in courtrooms would be problematic.

  • July 09, 2026

    Insurer Says Freight Cos. Blew Coverage Of $59M Judgment

    An insurer defending two freight companies as they appeal a $59 million personal injury judgment against them urged a New Jersey federal court to find they aren't owed any coverage because, the insurer alleged, they went behind the insurer's back by working with the injured motorist.

  • July 09, 2026

    Calif. Tribe Asks High Court To Revive Card Check Award Row

    A California Native American tribe has urged the U.S. Supreme Court to correct an arbitration award requiring it to follow the guidelines for union representation elections in its 2017 agreement with UNITE HERE, arguing that the award invalidated a tribal law that superseded the tribe's agreement with the union.

  • July 09, 2026

    NJ Justices OK Review Of Accuser's Mental Health Records

    A divided New Jersey Supreme Court ruled Thursday that a criminal defendant accused of sexually assaulting his niece made the rare showing required to obtain a judge's private review of the alleged victim's mental health records, finding a trial court properly applied the state's heightened discovery standard.

  • July 09, 2026

    Okla. Tax Officials Say McGirt Can't Upend Osage Ruling

    Oklahoma tax officials say the Osage Nation can't rely on a 2020 landmark U.S. Supreme Court ruling to overturn a decision that declined to vacate a 16-year-old determination that its reservation boundaries had been disestablished, telling the Tenth Circuit that the tribe's challenge is too late.

Expert Analysis

  • Calif. Ruling Lowers Bar For Health Data Breach Claims

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    The California Supreme Court's ruling in J.M. v. Illuminate Education offers protection for non-healthcare companies that maintain health-related data but also adopts a new and more plaintiff-favorable standard for breach of confidentiality that companies maintaining any health-related data should address, say attorneys at Cooley.

  • Florida Atty Fees Ruling Could End Expert Testimony Mandate

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    For over 60 years, Florida appellate courts have required an evidentiary hearing and expert testimony to support the reasonableness of an attorney fee award, but the Florida Sixth District Court of Appeal's recent Ruffenach v. Deutsche Bank National Trust ruling could make substantive changes to this requirement, say attorneys at RumbergerKirk.

  • Texas Ruling Leaves Key Oil Royalty Question Unresolved

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    The Texas Supreme Court's recent decision in Fasken Oil and Ranch v. Puig clarifies that royalty reservations containing “free of cost forever” language do not bar deduction of post-production costs — but it leaves open whether prices producers report to royalty owners should reflect what unaffiliated buyers would pay, says Robert Foss at Hinds Feat Advisors.

  • Justices Widen Path For Confiscated Cuban Property Claims

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    For Americans holding claims to confiscated Cuban property, the U.S. Supreme Court’s recent decision in Havana Docks v. Royal Caribbean Cruises means that the expiration of their property interest is no longer a bar and that any company using such property is now a potential defendant, say attorneys at Bracewell.

  • Your Next Litigation Hold Should Cover AI Chat Logs

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    The Delaware Chancery Court’s recent decision in Fortis Advisors v. Krafton to treat a CEO’s artificial intelligence chats as substantive evidence is being read as a discovery warning to litigators, but there is a second duty-to-preserve lesson that is especially pertinent to in-house counsel, say attorneys at Faegre Drinker.

  • Opinion

    High Court's Abortion Pill Stay Reinforces Appellate Principles

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    The U.S. Supreme Court's recent order in Danco Laboratories v. Louisiana, staying a Fifth Circuit ruling that reinstated an in-person requirement for dispensing the abortion medicine mifepristone, should be seen not as a definitive ruling on reproductive rights, but as an affirmation of a more disciplined jurisdictional reality, says Daniel Nardo at Nardo & Associates.

  • Series

    Studying Foreign Languages Makes Me A Better Lawyer

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    Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

  • 6th Circ. Ruling Highlights Split On Labor Cost Depreciation

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    The Sixth Circuit's recent decision in Schoening Investment v. Cincinnati Casualty throws into relief the fine lines of courts' varying interpretations of whether a commercial property insurer may justifiably depreciate labor costs to determine the actual cash value of damage, says Nabila Rahim at Zelle.

  • 6th Circ. Ruling Broadest So Far In Wave Of Habeas Decisions

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    The Sixth Circuit’s recent opinion in Lopez-Campos v. Raycraft provides the most developed structural reasoning among rulings in a widening circuit split over mandatory detention after undocumented entry into the U.S., and supplies immigration practitioners a template for due process arguments in favor of habeas relief, says Kemal Hepsen at Mandamus Lawyers.

  • Opinion

    Murdaugh Reversal Masks Deeper Justice System Issues

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    The South Carolina Supreme Court's recent reversal of Alex Murdaugh's murder conviction leans heavily on improper jury influence by an ex-county clerk of court while underbilling other errors in the case, which are emblematic of larger issues with the justice system, says Barry Edwards at Fair Trial Analysis.

  • Del. Justices' Ripeness Ruling Shields Advance Notice Bylaws

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    The Delaware Supreme Court’s recent decision dismissing two AES and Owens Corning stockholder challenges of advance notice bylaws as unripe provides corporations more room to insulate their nomination procedures from activist pressure, say attorneys at Reed Smith.

  • How The High Court Expanded Freight Broker Liability

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    After the U.S. Supreme Court's decision in Montgomery v. Caribe Transport II that freight brokers may be liable for selecting unsafe motor carriers, the key question will be whether brokers used reasonable care in selecting a given motor carrier, with the concurring opinion offering some clues as to what reasonable care might look like, says Marc Blubaugh at Benesch.

  • 'Anderson Method' Ruling Shows Copyright Limits In Fitness

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    The Ninth Circuit's ruling in Tracy Anderson Mind and Body v. Megan Roup, finding that sequences of exercises developed and recorded by Tracy Anderson were not copyrightable choreographic works, is a reminder that even highly creative fitness programming can fall outside the scope of copyright protection, says Meredith Bobber Strauss at Michelman & Robinson.

  • 2nd Circ.'s Cantero Redo Complicates Mortgage Escrow Issue

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    The Second Circuit's recent decision in Cantero v. Bank of America reflects the absence of definitiveness in mortgage escrow preemption jurisprudence, leaving lenders to navigate conflicting state rules and pricing challenges amid a deepening circuit split, say attorneys at Sullivan & Cromwell.

  • 3 Rulings Show How Creditors Make Civil RICO Claims Stick

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    An Arizona federal court's recent decision concerning UniCredit Bank Austria is one of few in which creditors' claims against debtors for Racketeer Influenced and Corrupt Organizations Act violations have survived motions to dismiss, and these claims' substantial benefits make the rulings worth analyzing for guidance, says Brian Asher at Asher Research.

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