Appellate

  • April 22, 2026

    AIM Spars Over $10M Fee, Board Fight In Del. Supreme Court

    Investor AIM Ventura Capital Fund LLC and Gabb Wireless founder Stephen Dalby clashed Wednesday before the Delaware Supreme Court over whether a lower court wrongly denied a contract remedy and imposed a multimillion-dollar fee award in a bitter governance dispute.

  • April 22, 2026

    6th Circ. Questions Timing Of Late Keyboardist's Royalties Bid

    A Sixth Circuit panel sharply questioned both sides Wednesday over when, if ever, Parliament-Funkadelic co-founder George Clinton clearly rejected a decades-old royalty deal with the band's former keyboardist, signaling uncertainty about whether the late musician's estate waited too long to sue.

  • April 22, 2026

    NY Top Court Tosses Murder Case Over 3-Year Retrial Delay

    New York's highest court has dismissed a murder charge against a man who was convicted by a jury after three others had deadlocked, finding that prosecutors failed to justify a more than three-year delay in going for the fourth trial.

  • April 22, 2026

    Defunct Soccer League Bids To Revive Antitrust Case

    The North American Soccer League pressed the Second Circuit for a new antitrust trial against Major League Soccer and soccer's U.S. governing body Wednesday, arguing that it was hamstrung by the trial court's jury instructions regarding a "relevant market" for professional soccer.

  • April 22, 2026

    10th Circ. Splits Tribal Immunity In Okla. Casino Land Fight

    The Tenth Circuit is allowing part of the Comanche Nation's challenge to the Fort Sill Apache Tribe's Oklahoma casino to continue, finding on Tuesday that the Indian Gaming Regulatory Act invalidates sovereign immunity in the dispute, while rejecting claims that the defense also applies to racketeering allegations against tribal officials in individual capacities.

  • April 22, 2026

    Liberty Global Loses $2.4B Tax Substance Fight In 10th Circ.

    Telecommunications giant Liberty Global is not entitled to a $2.4 billion deduction tied to transactions with its foreign affiliates, the Tenth Circuit ruled in a long-awaited opinion, siding with the U.S. government in finding the arrangement is a tax shelter lacking economic substance.

  • April 22, 2026

    Mass. Justices Reject Additional Rules For Punitive Damages

    Massachusetts' highest court on Wednesday rejected a bid by Philip Morris USA Inc. to impose rules aimed at curbing big-dollar punitive damages awards, declining to wipe out or further reduce a verdict against the tobacco company that was already slashed from $1 billion to $56 million.  

  • April 22, 2026

    Uber, DoorDash Can't Pause NYC Tip Prompt Laws On Appeal

    Uber and DoorDash cannot temporarily block New York City laws regulating how they display gratuity options as an appeal moves forward, the Second Circuit ruled, finding the companies failed to show that an injunction is warranted.

  • April 22, 2026

    High Court Revives Military Vet's Injury Claims

    The U.S. Supreme Court ruled Wednesday that Fluor Corp. can be held liable for a veteran's state-based injury claims stemming from a 2016 suicide bombing in Afghanistan, saying his claims are not preempted by the Federal Tort Claims Act.

  • April 22, 2026

    Justices Won't Move Mich. Pipeline Suit To Federal Court

    The U.S. Supreme Court on Wednesday refused to overturn a Sixth Circuit decision that rebuffed Enbridge's efforts to transfer from state court to federal court a lawsuit from Michigan Attorney General Dana Nessel seeking to shut down a pipeline between the U.S. and Canada.

  • April 21, 2026

    5th Circ. OKs Ten Commandments In Texas Public Schools

    The full Fifth Circuit Tuesday narrowly signed off on a Texas law requiring public schools to post copies of the Ten Commandments in classrooms, ruling that the law is indeed constitutional and reversing a lower court's injunction blocking the measure.

  • April 21, 2026

    Trump's Sullivan & Cromwell Attys Head To Gibson Dunn

    Gibson Dunn & Crutcher LLP announced Tuesday it is amping up its appellate practice with the addition of four Sullivan & Cromwell LLP litigators, including former acting Solicitor General Jeffrey B. Wall and Morgan L. Ratner, who have worked on the appeal of President Donald Trump's New York hush money conviction.

  • April 21, 2026

    Ohio Appeals Panel Questions Google Common Carrier Case

    An Ohio appeals panel raised several questions on Tuesday about the manageability of a bid to designate Google's search engine as a common carrier and whether the effort would regulate online speech.

  • April 21, 2026

    NJ Panel Rejects Arbitration In Wrongful Death Suit

    A staffing company and New Jersey's public transportation provider must face in court claims they negligently caused a vehicle crash that killed a woman, a state appeals court ruled, saying there isn't proper evidence to support the claim the woman signed an arbitration clause.

  • April 21, 2026

    Breyer Says 'Shadow Docket' Not A Top Court Power Grab

    Retired U.S. Supreme Court Justice Stephen Breyer said Tuesday that the rise of the so-called shadow docket is a consequence of the post-COVID era and not a bid to usurp influence by the high court. 

  • April 21, 2026

    Georgia Panel Tosses $123K Fee Award After Defense Win

    A Georgia appellate panel tossed on Tuesday an award of $123,000 in attorney fees to defense counsel after their win in a medical malpractice trial, ruling that a state judge failed to show how she arrived at the figure.

  • April 21, 2026

    Texas Court Weighs If $42M Gas Trespass Verdict Is Time-Barred

    A Texas appellate court wanted to know when the clock started ticking to file suit in a trespassing case involving an energy company that allegedly interfered with nearby wells by injecting toxic gas underground, asking Tuesday whether the nearly $42 million verdict against the energy company should stand.

  • April 21, 2026

    Justices Look Split In 7th Amendment Feud Over FCC Fines

    Several U.S. Supreme Court justices seemed convinced Tuesday that Federal Communications Commission fines are nonbinding unless enforced and don't deprive alleged rule violators of the right to a jury trial, but some colleagues still questioned whether the parties sanctioned by the agency have a meaningful chance of facing a jury.

  • April 21, 2026

    IP Notebook: Global Copyright, ChatGPT TM, Rogers Test

    This round of Law360's look at emerging copyright and trademark issues includes a forthcoming U.S. Supreme Court appeal with global implications for copyrights, and OpenAI's setback in its effort to register "ChatGPT" as a trademark.

  • April 21, 2026

    7th Circ. Says Fed. Laws Don't Preempt Wis. Vape Sale Ban

    The Seventh Circuit declined Tuesday to revive vaping interest groups' bid to halt enforcement of a Wisconsin law banning sales of e-cigarettes that aren't approved by the U.S. Food and Drug Administration, finding federal law doesn't preempt the state's authority to regulate the marketing and sales of tobacco products. 

  • April 21, 2026

    Copyright Head Touts 6,000 Registrations Of Human-AI Works

    The U.S. Copyright Office has issued more than 6,000 registrations for works that incorporate artificial intelligence-generated materials and follow the agency's guidance for combined human-made and AI-created works, U.S. Copyright Office leader Shira Perlmutter said Tuesday.

  • April 21, 2026

    9th Circ. Orders New Insider-Trading Trial Over Juror Bias

    A Ninth Circuit panel on Tuesday ordered a new trial for a Los Angeles man convicted of insider trading on tips from a JPMorgan Chase analyst, holding that a lower court erred by not excusing a juror who expressed concerns about his ability to be fair.

  • April 21, 2026

    Board Says Opposition To Gangs Not Enough For Asylum

    Disapproval of criminal gangs or opposition to them is not enough to establish a protected political opinion for asylum purposes, the Board of Immigration Appeals ruled on Tuesday, affirming an immigration judge's denial of an El Salvadoran woman's application.

  • April 21, 2026

    Ex-Tesla Worker Tells 9th Circ. That Arbitration Was Flawed

    A Black former Tesla employee told a Ninth Circuit panel Tuesday that the company's win in arbitration over his race discrimination claims shouldn't stand because the process was administered improperly, while the electric vehicle company countered that the arbitrator was well within her authority.

  • April 21, 2026

    Conn. High Court Says Brady Duty Reaches Old Case Files

    The Connecticut Supreme Court on Tuesday affirmed a man's murder conviction but overturned part of a lower court's decision that found state prosecutors were not obligated to disclose that a state's witness in his trial gave false testimony in another case.

Expert Analysis

  • Challenging Restitution Orders After Supreme Court Decision

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    The U.S. Supreme Court’s Ellingburg v. U.S. decision from last week, holding that mandatory restitution is a criminal punishment subject to the Sixth Amendment, means that all challenges to restitution are now fair game if the amount is not alleged in the indictment, say Mark Allenbaugh at SentencingStats.com and Doug Passon at Doug Passon Law.

  • State Of Insurance: Q4 Notes From Pennsylvania

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    Last quarter in Pennsylvania, a Superior Court ruling underscored the centrality of careful policy drafting and judicial scrutiny of exclusionary language, and another provided practical guidance on the calculation of attorney fees and interest in bad faith cases, while a proposed bill endeavored to cover insurance gaps for homeowners, says Todd Leon at Marshall Dennehey.

  • Justices' Double Jeopardy Ruling May Limit Charge-Stacking

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    The U.S. Supreme Court’s recent holding in Barrett v. U.S. that the double jeopardy clause bars separate convictions for the same act under two related firearms laws places meaningful limits on the broader practice of stacking charges, a reminder that overlapping statutes present prosecutors with a menu, not a buffet, says attorney David Tarras.

  • How 2025 Recalibrated Fair Use For The AI Era

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    Although the Second Circuit's decision last year in Romanova v. Amilus Inc. did not involve artificial intelligence, its formulation of relevant fair use factors provides a useful guide for lower courts examining AI cases in 2026, demanding close attention from legal practitioners on both sides of these disputes, say attorneys at Cleary.

  • Series

    Adapting To Private Practice: 5 Tips From Ex-SEC Unit Chief

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    My move to private practice has reaffirmed my belief in the value of adaptability, collaboration and strategic thinking — qualities that are essential not only for successful client outcomes, but also for sustained professional satisfaction, says Dabney O’Riordan at Fried Frank.

  • 5 Drug Pricing Policy Developments To Watch In 2026

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    2026 may prove to be a critical year for drug pricing in the U.S., with potential major shifts including several legislative initiatives moving forward after being in the works for years, and more experimentation on the horizon concerning GLP-1s and Section 340B pricing, say attorneys at Manatt.

  • 2026 Int'l Arbitration Trends: Awards Against Sovereign States

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    The enforcement of arbitral awards against sovereign states is one of the most contentious and rapidly evolving areas in international arbitration, with three defining issues on the 2026 horizon: the scope of sovereign immunity, assignability of rights, and availability of fraud and corruption defenses, say attorneys at Cleary.

  • Series

    Law School's Missed Lessons: How To Start A Law Firm

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    Launching and sustaining a law firm requires skills most law schools don't teach, but every lawyer should understand a few core principles that can make the leap calculated rather than reckless, says Sam Katz at Athlaw.

  • Opinion

    What Justices Got Right In Candidate Standing Ruling

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    The U.S. Supreme Court's decision this month in Bost v. Illinois State Board of Elections broadens standing for candidates challenging state election rules, marking a welcome shift from other decisions that have impeded access to federal courts, says Daniel Tokaji at the University of Wisconsin Law School.

  • Justices' Med Mal Ruling May Hurt Federal Anti-SLAPP Suits

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    The U.S. Supreme Court's recent decision in Berk v. Choy restricts the application of certain state laws in diversity actions in federal court — and while the ruling concerned affidavit requirements in medical malpractice suits, it may also affect the use of anti-SLAPP statutes in federal litigation, says Travis Chance at Brownstein Hyatt.

  • Fed. Circ. Patent Decisions In 2025: An Empirical Review

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    In 2025, the Federal Circuit's increased output was not enough to keep up with its ever-growing patent case load, and patent owners and applicants fared poorly overall as the court's affirmance rate fell, says Dan Bagatell at Perkins Coie.

  • Key False Claims Act Trends From The Last Year

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    The False Claims Act remains a powerful enforcement tool after some record verdicts and settlements in 2025, and while traditional fraud areas remain a priority, new initiatives are raising questions about its expanding application, says Veronica Nannis at Joseph Greenwald.

  • Series

    Hosting Exchange Students Makes Me A Better Lawyer

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    Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.

  • Postconviction Law In 2026: A Recalibration, Not A Revolution

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    As the U.S. Supreme Court prepares to issue decisions in several federal postconviction cases in the coming months, the justices appear focused on restoring coherence to a system in which sentencing modification, collateral review and finality increasingly overlap, and success for practitioners will depend on strategic clarity, say attorneys at the Law Offices of Alan Ellis.

  • How Mediation Can Lead To Better Environmental Settlements

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    The Tenth Circuit's recent directive to the parties litigating Denver Water's expansion of the Gross Reservoir and Dam to mediate their dispute is a reminder that mediation in environmental matters can save time and money, and achieve a settlement that helps both sides reach their goals, says Heidi Friedman at Thompson Hine.

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