Appellate

  • October 22, 2026

    Feds Ask 9th Circ. To Scrap Migrant Kids' Legal Aid Injunction

    The federal government urged a Ninth Circuit panel on Thursday to let the Trump administration end legal services programs for unaccompanied immigrant minors, arguing the case is a contract dispute the court lacks authority over and the lower court is "micromanaging" the government, which "should end."

  • October 22, 2026

    5th Circ. Says Feds Liable For Hostage Death, But Cuts Award

    A Fifth Circuit panel has affirmed the government's Federal Tort Claims Act liability for the death of a kidnapping victim who was shot by an FBI agent, but held that a district court judge erred in increasing the damages award to the victim's family after the government challenged the attorney fees.

  • October 22, 2026

    Reed Smith Seeks 2nd Circ. Emergency Stay In Eletson Row

    Reed Smith urged the Second Circuit in an emergency motion to pause lower court decisions requiring the firm to turn over client files related to shipping company Eletson, saying the courts have "presumed the outcome" of a bankruptcy appeal before scheduled December oral arguments.

  • October 22, 2026

    Investor Says $68M Bulgaria Award Can't Be Nixed

    A renewable energy investor asked the D.C. Circuit to enforce a €61 million ($68 million) arbitral award it won from Bulgaria, arguing Bulgaria's accession to the European Union did not render the treaty under which that award was granted inapplicable.

  • October 22, 2026

    States Ask DC Circ. To Ban Google From Paying To Be Default

    If the D.C. Circuit doesn't ban Google from paying to be the default search engine on people's cellphones after it was found to have illegally maintained a monopoly, state enforcers say the tech titan will remain "free to buy tomorrow's defaults with the fruits of yesterday's anticompetitive conduct."

  • October 22, 2026

    Colo. Justices Skeptical Of Facility's COVID-Tied Coverage Bid

    Colorado justices expressed skepticism Thursday toward a retirement facility owner's bid for the high court to find it's owed coverage for physical damage losses sustained early in the pandemic, pressing counsel on what physical injury COVID-19 caused to the facility's property.

  • October 22, 2026

    6th Circ. Says Gang Member Can't Nix Group Chat Warrant

    The Sixth Circuit has ruled that a man convicted for his role in a gang kidnapping did not have a reasonable expectation of privacy in an Instagram group chat log seized from another street gang member, so he could not challenge search warrants for other members' social media accounts.

  • October 22, 2026

    Aeropostale Shopper Can Amend Discount Suit, 9th Circ. Says

    A divided Ninth Circuit panel gave an Aeropostale customer another chance to lay out her claim that the clothing brand's allegedly false discount scheme violated Washington state law, ruling in an unpublished opinion Wednesday that the customer can amend her complaint that she paid too much for a pair of leggings.

  • October 22, 2026

    X Wins Reversal Of $8.3M Boulder Office Rent Judgment

    A Colorado Court of Appeals panel unanimously reversed an $8.3 million judgment against social media company X Corp. in favor of its former landlord after the panel found Thursday that the lower court incorrectly interpreted a contract provision outlining the distribution of a nearly $5.8 million tenant improvement allowance.

  • October 22, 2026

    Roundup MDL Atty Fund 'Cries Out' For Review, 9th Circ. Told

    Plaintiffs' firms urged the Ninth Circuit to reverse a ruling Thursday requiring them to contribute 8% of their recovery fees to a common benefit fund in multidistrict litigation over Monsanto's Roundup weed killer, arguing the judge ignored a special master's recommendation and the issue "cries out for some appellate supervision."

  • October 22, 2026

    Conn. Justices Seek To Define 'In Custody' For Habeas Cases

    The Connecticut Supreme Court wrestled Thursday with the definition of the term "in custody" for purposes of habeas jurisdiction, with multiple justices asking the state to clarify when a person's liberty has been restricted enough that a judge can hear his or her claims for relief.

  • October 22, 2026

    BNSF Can Keep Trial Win In Worker Injury Suit, Panel Says

    A Missouri appellate court on Wednesday affirmed a defense verdict for BNSF in an injury lawsuit accusing the railroad of causing a worker's injury through negligence, saying certain jury instructions were not improper.

  • October 22, 2026

    Voltage Can't Keep Shoals ITC Appeal Alive At Fed. Circ.

    The Federal Circuit on Thursday allowed Shoals Technologies Group LLC to drop its appeal of a U.S. International Trade Commission decision that Voltage LLC didn't infringe its solar power patent after prevailing in another case, even though Voltage opposed the dismissal request.

  • October 22, 2026

    9th Circ. Affirms Verdict Clearing Shyamalan Of Infringement

    The Ninth Circuit on Thursday upheld a jury's decision clearing Apple Inc. and filmmaker M. Night Shyamalan of allegations that they stole an independent filmmaker's work for the Apple TV show "Servant," rejecting arguments of improper jury instructions.

  • October 22, 2026

    6th Circ. Weighs Ford's $13M Trade Secrets Verdict

    A panel of the Sixth Circuit on Thursday questioned whether Ford should have to surrender $13.2 million in profits from a vehicle interface module after a jury found the automaker misappropriated a supplier's trade secrets, pressing attorneys on whether the award improperly included profits generated by features unrelated to the disputed technology.

  • October 22, 2026

    6th Circ. Backs Insurance Co. In Shipwreck Benefits Fight

    The Sixth Circuit backed an insurance company's win in a dispute over prejudgment interest connected to life insurance proceeds from an individual who disappeared after his fishing vessel shipwrecked off the Florida coast, holding a lower court properly denied an estate-side request for relief in the case.

  • October 22, 2026

    Mushroom Farm Arbitration Stance Perplexes Wash. Justices

    Washington Supreme Court justices struggled Thursday with a mushroom grower's argument that a lower court correctly forced workers to arbitrate claims that they were wrongfully terminated for organizing, questioning whether the farm's change in ownership just before the firings had any bearing on the disputed arbitration clause.

  • October 22, 2026

    Full 9th Circ. Won't Review Surgical Robot Antitrust Fight

    The full Ninth Circuit declined to reconsider an appellate panel's recent decision reviving a surgical repair company's antitrust suit alleging Intuitive Surgical blocked third parties from supplying parts for its popular da Vinci surgery robot, according to an order issued Thursday.

  • October 22, 2026

    J&J Says Justices' Denial Backs Tossing Fee Suit At 3rd Circ.

    Johnson & Johnson told the Third Circuit Thursday that the U.S. Supreme Court's recent decision not to take up a group of executives' federal benefits dispute backed its position in an appeal from J&J workers who alleged their health plans were saddled with excessive prescription drug fees.

  • October 22, 2026

    Fla. High Court Clarifies Proof Rule In ICWA Custody Cases

    The Florida Supreme Court on Thursday upheld a decision terminating a mother's custody of her Native American daughter, ruling in an opinion that lower courts don't have to use an evidence standard under the federal Indian Child Welfare Act in parental rights cases. 

  • October 22, 2026

    Zurich Gets 11th Circ. To Shrink Solar Co.'s Coverage Win

    Zurich American Insurance convinced the Eleventh Circuit on Thursday to narrow First Solar Electric LLC's $12.2 million jury win in a coverage dispute over rain damage, but the appeals court backed the bulk of damages awarded to the Georgia solar farm.

  • October 22, 2026

    FTC's Meador Questions 'Reliance' On Hovenkamp Treatise

    Federal Trade Commission member Mark Meador vouched Thursday for an "aggregation" theory of antitrust violations that can combine conduct that may not be anticompetitive individually, in a Houston speech that also took direct aim at a foundational academic treatise of modern competition law.

  • October 22, 2026

    NJ Panel Lets Nursing Home Arbitrate Resident Death Suit

    A New Jersey state appeals court on Thursday declined to disturb an order forcing a widow to arbitrate medical negligence and wrongful death claims against a nursing home, agreeing it didn't waive its right to arbitration by participating in litigation for over a year.

  • October 22, 2026

    Fla. Justices Say Presuit Notice Requirement Isn't Retroactive

    A Florida statute requiring policyholders to notify state regulators before filing suit against an insurer does not apply retroactively to policies purchased before the law went into effect, the Florida Supreme Court ruled Thursday.

  • October 22, 2026

    Tribe Says Low Crossings Undercut Border Wall Argument

    The Tohono O'odham Nation is renewing its push for the D.C. Circuit to do what a district judge refused and block border wall construction through its Arizona reservation pending the tribe's appeal, arguing that a brief pause in construction would pose little risk with border crossings at record lows.

Expert Analysis

  • 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.

  • 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.

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