Appellate

  • October 26, 2026

    Whiskey Co. CEO Loses Shot At Halting Ch. 11 Asset Sale

    A Tennessee federal judge has denied an attempt by the chief executive of a whiskey maker to block asset sale efforts by the company's receiver pending an appeal of the court's decision to keep the receivership in place.

  • October 26, 2026

    Farmworker Seeks Higher Atty Fees, Citing 9th Circ. Ruling

    A farmworker and a union urged a Washington federal court to increase a previous attorney fee award to nearly $430,000 following a recent Ninth Circuit decision in their favor, arguing they are entitled to more fees due to their success in challenging the federal government's agricultural wage survey methodology.

  • October 26, 2026

    Order Restoring Park Signage 'Flawed,' Feds Tell 1st Circ.

    The Trump administration has urged the First Circuit to vacate a "deeply flawed" ruling requiring it to restore signage addressing climate change, slavery and the history of Indigenous peoples at dozens of National Park Service-managed sites.

  • October 26, 2026

    DC Circ. Doubts SEC Delay Harmed Lek Securities

    A D.C. Circuit panel appeared unmoved Monday by a defunct brokerage firm's plea that the U.S. Securities and Exchange Commission took too long in reviewing 2013 New York Stock Exchange sanctions over supervisory violations, suggesting the decade-old written record might have been adequate to uphold the NYSE's findings.

  • October 26, 2026

    NC Justices Find Bankruptcy Paused Debt Collection Deadline

    North Carolina's highest court has ruled that the automatic stay of a man's bankruptcy extended the deadline for a South Carolina real estate rental company to collect a debt he owed it, reversing a lower state court decision that found the company had missed its window.

  • October 26, 2026

    Mich. Appeals Court Revives School Bus Injury Suit

    A jury must decide whether a Michigan school bus driver or a 7-year-old child riding a bike bore more responsibility for the collision that injured the child, the Michigan Court of Appeals said Friday, reversing a trial court's granting of summary disposition to the driver and school district.

  • October 26, 2026

    Bristol-Myers, Others Appeal Revlimid MDL To 3rd Circ.

    Bristol-Myers Squibb, Natco Pharma, AbbVie and other pharmaceutical companies have sought permission to file an interlocutory appeal for a sprawling antitrust multidistrict litigation over Celgene Corp.'s cancer drug Revlimid to the Third Circuit after a New Jersey federal judge refused to toss it.

  • October 26, 2026

    After Litigation, Ayahuasca Church Gets DEA Registration

    After years of litigating against federal regulators, an Iowa church has reached an agreement with the U.S. Drug Enforcement Administration to lawfully use the psychedelic ayahuasca for religious purposes, the church's attorneys announced Monday.

  • October 26, 2026

    Mich. Panel Backs $9.7M Negligence Verdict Against Hospital

    A Michigan appeals court declined to upend a hospital's share of a $9.7 million jury verdict for administrative negligence in its care for a woman who died while receiving emergency treatment for complications following an abdominoplasty, or "tummy tuck" procedure.

  • October 26, 2026

    Atty Pushes For New Trial Against Blank Rome Lawyers

    A Pennsylvania lawyer told the Third Circuit on Monday that she deserves a new trial in her suit against three Blank Rome LLP lawyers and an aircraft parts company, arguing that the trial court did not properly view all the evidence.

  • October 26, 2026

    NC Top Court Will Weigh State Bar's Reach Over Ex-Judges

    The North Carolina Supreme Court agreed to take up a former state court judge's appeal challenging the state bar's authority to discipline him for alleged misconduct on the bench, which he said the Tar Heel state's judicial oversight board had already addressed.

  • October 26, 2026

    11th Circ. Says Insurer Needn't Pay More For Storm Losses

    A Hartford insurer that paid out a Florida condominium association's claim for 11 buildings that sustained flood damage during Hurricane Ian does not owe any additional coverage, the Eleventh Circuit said, affirming that the association failed to file the required proof of loss for the additional amounts sought.

  • October 26, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week approved a $250 million settlement of litigation over Microsoft Corp.'s acquisition of Activision Blizzard Inc., while Albertsons Cos. Inc. accused Kroger Co. of rejecting changes that could have saved their $24.6 billion merger, and the Delaware Supreme Court ordered Verisk Analytics Inc. to keep pursuing a $2.35 billion acquisition.

  • October 26, 2026

    Burns & Levinson Malpractice Claims Revived On Appeal

    Massachusetts' intermediate-level appeals court Monday reinstated legal malpractice claims brought by a youth soccer league against defunct Boston law firm Burns & Levinson LLP alleging a firm partner failed to provide a heads-up about a federal visa fraud investigation.

  • October 26, 2026

    8th Circ. Says Fed Must Rewrite Debit Swipe-Fee Cap

    The Eighth Circuit on Monday struck down the Federal Reserve's regulatory cap on the swipe fees that larger banks may collect on debit card transactions, handing a major victory to merchants that have long argued this cap was set too high.

  • October 23, 2026

    Teva, Eli Lilly Spar Over Possible New Drug Patent Trial

    Eli Lilly and Teva on Friday sparred over whether a new trial should be held in Massachusetts federal court over the validity of patents related to Teva's migraine drug Ajovy after the Federal Circuit reversed the Boston court's judgment that favored Eli Lilly.

  • October 23, 2026

    9th Circ. Blocks Trump's Calif. National Guard Deployment

    A split Ninth Circuit panel on Friday upheld a lower court's preliminary injunction blocking President Donald Trump's deployment of the California National Guard in Los Angeles last year, finding that the president didn't have the authority to order the deployment, which violated the constitutional separation of powers.

  • October 23, 2026

    Ohio Justices Say Class Cert. Analysis Was 'Rigorous'

    The Ohio Supreme Court held Thursday that a trial court did not err by examining all seven requirements for class certification in a suit alleging water ratepayers were overcharged, even though the judge found two were not met but assumed for the sake of argument that the other requirements were satisfied.

  • October 23, 2026

    Wash. Tribe Can't Appeal Immunity Ruling Yet, 9th Circ. Says

    The Ninth Circuit on Friday threw out an appeal from a Native American tribe seeking to halt an environmental challenge over federal review and permitting of the tribe's proposed oyster farm, holding that the court lacks jurisdiction to hear the matter.

  • October 23, 2026

    5th Circ. Weighs Iowa Bid To Toss Charles Schwab Settlement

    A Fifth Circuit panel pushed Charles Schwab to explain why it should sign off on a settlement with investors resolving claims that its 2020 merger with TD Ameritrade created a monopoly, asking Friday how an agreed upon antitrust compliance program created value.

  • October 23, 2026

    Ariz. Court Requires 20-Day Wait For Capital Disability Exams

    An Arizona state appellate panel on Friday said a trial court erroneously ruled to allow an intellectual disability expert to examine a defendant too soon, rejecting the state's contention in a capital murder case that "not less than 20 days after" a deadline means the same thing as "within 20 days of" the deadline.

  • October 23, 2026

    Colo. Justices Asked To Hear Challenge To Amendment 87

    The man challenging the validity of signatures for a Colorado ballot initiative to raise taxes on the state's wealthiest residents appealed the dismissal of his lawsuit to the state's high court Thursday.

  • October 23, 2026

    Panel Orders New Sex Abuse Trial Over Improper Testimony

    A Connecticut appeals court on Friday ordered a new trial for a man convicted of sexual assault of a child, ruling the prosecutor was incorrectly allowed to ask witnesses to evaluate the credibility of the victim's testimony.

  • October 23, 2026

    5th Circ. Revives Facebook Users' Eyemart Wiretap Suit

    The Fifth Circuit on Friday revived a group of Facebook users' proposed class action accusing Eyemart Express LLC of disclosing their HIPAA-protected information to Meta without their consent, saying in a published opinion that Eyemart and a district court had read the statutory definition of individually identifiable health information too narrowly.

  • October 23, 2026

    Murder Evidence 'Overkill' In Passport Fraud Trial, Judge Says

    A First Circuit panel on Friday said prosecutors should not have told a jury that a defendant on trial for lying to obtain a U.S. passport was wanted for murder in Cape Verde, but nevertheless upheld his conviction due to the "overwhelming evidence" of his guilt.

Expert Analysis

  • 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.

  • 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.

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