Appellate

  • May 26, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week handled a broad mix of cross-border corporate control disputes, merger settlements, startup equity fights, advancement claims and board oversight litigation, while also weighing fallout from high-profile deals involving Microsoft Corp., The Boeing Co. and Nikola Corp.

  • May 26, 2026

    Tanger Says NC Justices Can't Review COVID Coverage Fight

    Tanger Outlets urged the North Carolina Supreme Court to toss its insurers' appeal of a decision allowing the retail outlet chain's suit seeking more than $50 million in pandemic-related coverage to proceed, saying the justices do not have jurisdiction to hear the dispute.

  • May 26, 2026

    6th Circ. Rejects Mich. Reproductive Rights Challenge

    Abortion opponents and several parents lack standing to sue top Michigan officials, the Sixth Circuit said Tuesday, affirming dismissal of a suit challenging the state's voter approved reproductive rights amendment.

  • May 26, 2026

    3rd Circ. Grants Tax-Evading Mushroom Farmer New Sentence

    The owner of a Pennsylvania mushroom farm will get a new sentence for failing to forward her workers' tax withholdings, after the Third Circuit ruled Tuesday that her sentencing guidelines should not have included an additional $1.8 million in taxes that her company failed to pay.

  • May 26, 2026

    Ga. Panel Reinstates Malpractice Suit Against Chiropractor

    A Georgia appeals court revived a medical malpractice suit accusing a chiropractor of causing an infection to spread by treating a patient based on an X-ray in which her spine was partially hidden, finding that an expert affidavit she filed should have kept the case in court.

  • May 26, 2026

    FTC Tells DC Circ. That Meta Monopoly Judge Botched Timing

    The Federal Trade Commission has urged the D.C. Circuit to revive its lawsuit accusing Meta of monopolizing personal social media through its purchases of WhatsApp and Instagram, arguing the district court wrongly held the question of monopoly to when the case went to trial, not when the FTC sued.

  • May 26, 2026

    9th Circ. Ruling Must End Land Transfer Suit, Copper Co. Says

    Resolution Copper Co. is asking a federal court to dismiss an amended religious freedom and constitutional challenge to a Tonto National Forest 2,500-acre land exchange that includes an ancient Apache worship site, arguing it recycles claims that the Ninth Circuit and U.S. Supreme Court have already rejected.

  • May 26, 2026

    Colo. High Court Says Broken Signal Waived City's Immunity

    The Colorado Supreme Court unanimously ruled Tuesday that the City of Colorado Springs isn't immune from a driver's lawsuit claiming the city was negligent for a car accident caused by a malfunctioning traffic light.

  • May 26, 2026

    11th Circ. Restores Mortality Table Case Against Energy Co.

    The Eleventh Circuit on Tuesday reinstated a proposed class action against a Southern Co. subsidiary from married retirees who said outdated life expectancy data caused them to lose out on benefits, holding that a lower court erred in ruling federal benefits law didn't require using reasonable actuarial assumptions in annuity conversions.

  • May 26, 2026

    9th Circ. Backs Reinstating DEI Grants Nixed By Trump

    The Ninth Circuit on Tuesday partially upheld a lower court's preliminary injunction and class certification orders in litigation from University of California researchers against President Donald Trump, backing the reinstatement of grants terminated due to presidential orders against diversity, equity and inclusion initiatives while reversing the injunction for those grants that were rescinded without explanation.

  • May 26, 2026

    Conn. Drug Price Law Still Allows Hikes, 2nd Circ. Told

    Wholesale distributors that abide by Connecticut's drug price cap law can hike the cost of their other products to ensure they don't suffer losses, the state told the Second Circuit Tuesday, raising the ire of the companies trying to invalidate the new statute.

  • May 26, 2026

    Calif. Atty Says Pot Rescheduling Keeps LA Appeal Alive

    A California attorney who has challenged state and local cannabis licensing policies across the country on the grounds that they discriminate against out-of-state players urged the Ninth Circuit not to dispose of his challenge to Los Angeles' social equity program.

  • May 26, 2026

    11th Circ. Nixes Release Terms In Fla. Fanny Pack Gun Case

    A split Eleventh Circuit ruled Tuesday that a written probation requirement that a Florida man obtain his GED and turn over his computer for inspection should be tossed because a federal judge failed to mention the requirements during an in-person sentencing hearing.

  • May 26, 2026

    Fed. Circ. Won't Bring Back $469M Patent Verdict Against Dish

    The Federal Circuit Tuesday refused to reinstate a $469 million jury verdict against Dish Network in a patent suit over technology that skips over sex and swearing in movies, rejecting ClearPlay's challenges to a Utah federal judge's decision wiping out the verdict.

  • May 26, 2026

    NY Murder Conviction Stands Despite 'Blah Blah' Transcript

    New York's highest court has affirmed the murder conviction of a man who, along with his wife, killed a neighbor, finding on Tuesday that though his trial transcript was "utterly inexcusable" — frequently containing "blah blah blah," "omitted" or "undecipherable characters instead of the words actually spoken" — it was sufficiently reconstructed.

  • May 26, 2026

    Fla. Panel Orders Atty To Explain AI Citations In Roofing Case

    A Florida state appeals court has thrown out a breach of contract dispute following the parties' agreement to dismiss it, but ordered an attorney representing a roofing company to explain why he shouldn't be penalized after his brief apparently contained artificial-intelligence-generated legal citations.

  • May 26, 2026

    5th Circ. Won't Rehear DOJ's Dropped Boeing Criminal Case

    The Fifth Circuit won't rehear appeals from the families of the victims of two fatal Boeing 737 crashes seeking to reverse the U.S. Department of Justice's dismissal of its criminal fraud case against the company, saying it has no jurisdiction to review the dismissal.

  • May 26, 2026

    High Court Won't Hear Meta Appeal In Vt. AG Suit

    The U.S. Supreme Court on Tuesday passed on Meta's appeal in the Vermont state attorney general's suit alleging that the social media giant designed its platforms to be addictive to young people at the cost of their mental health.

  • May 26, 2026

    NC Justices Revive Insurance Co.'s Noncompete Suit

    The Supreme Court of North Carolina has largely revived an insurance company's lawsuit against employees who left for a rival, directing a lower court to better clarify how an adverse inference regarding a "remarkable" spoliation of evidence should impact the renewed trade secret and breach of contract claims.

  • May 26, 2026

    Justices To Consider Taking Judge Newman Case On June 11

    The U.S. Supreme Court is set to decide whether to take up U.S. Circuit Judge Pauline Newman's petition seeking to overturn her suspension from the Federal Circuit on June 11, according to a notice posted Tuesday.

  • May 26, 2026

    Pa. Justices Say Late Asbestos Suits Can't Reach Parent Co.

    The Pennsylvania Supreme Court has ruled that employees of a former shipbuilding company are too late to bring their asbestos-related lawsuits, so they can't pierce the corporate veil and seek damages against its parent company.

  • May 26, 2026

    11th Circ. Can't Hear Sex Trafficking Coverage Dispute

    The Eleventh Circuit said it does not have jurisdiction to hear an insurer's appeal of a Georgia federal court decision tossing its claim that the company has no duty to defend an Atlanta-area hotel against a sex trafficking suit.

  • May 26, 2026

    US Asks 5th Circ. To Rethink Axing Of Home Distilling Ban

    The U.S. government asked the Fifth Circuit to revisit its April opinion finding the tax code's ban on distilling whiskey at home unconstitutional after another appellate court's opposite conclusion affirmed the ban.

  • May 26, 2026

    Mass. Court Backs City's Civil Service Bypass Despite Flaws

    Gloucester, Massachusetts, officials were justified in bypassing a job candidate for a firefighter position based on some negative feedback, despite a "flawed" background investigation, an intermediate state appellate court said Tuesday.

  • May 26, 2026

    Justices Pass On Fight Over Phone Search During Traffic Stop

    The U.S. Supreme Court won't hear a challenge to the search of a registered sex offender's phone during a traffic stop by Missouri police, leaving in place an Eighth Circuit ruling that the man's consent was valid even after several requests by police.

Expert Analysis

  • Similar-Looking Designs May Not Always Prove Infringement

    Author Photo

    The Federal Circuit's recent decision in Range of Motion Products v. Armaid is a reminder that even a strikingly similar design might not be found to infringe upon a patented design once design features driven by functionality are filtered out from consideration, say attorneys at BCLP.

  • Series

    Mich. Banking Brief: All The Notable Legal Updates In Q1

    Author Photo

    Michigan's financial services sector saw several significant developments in 2026's first quarter, including the state Department of Insurance and Financial Services' issuance of a bulletin on the use of artificial intelligence and the Michigan House's introduction of a bill based on the Model Money Transmission Modernization Act, say attorneys at Dykema.

  • Pension Case Offers Entertainment Work Exception Insights

    Author Photo

    A recent Ninth Circuit decision clarified that any amount of entertainment work can satisfy the entertainment industry exception under the Multiemployer Pension Plan Amendments Act, reinforcing that statutory language, rather than evolving business models, dictates withdrawal liability outcomes, say attorneys at Seyfarth.

  • Justices' Ruling Stresses Quick Action Against Absconders

    Author Photo

    Following the U.S. Supreme Court's recent holding in Rico v. U.S. that a supervised release term is not automatically extended when a defendant absconds, probation officers and prosecutors risk being unable to address later violations if they don't act promptly to secure warrants, say attorneys at Winston & Strawn.

  • Justices May Hesitate To Limit Courts' Arbitration Review

    Author Photo

    Based on Monday's argument in Jules v. Andre Balazs, the U.S. Supreme Court seems poised to preserve federal jurisdiction over arbitral award enforcement stemming from actions originated in federal court, a holding that would markedly limit the court's 2022 Walters v. Badgerow decision, says Ashwini Jayaratnam at DarrowEverett.

  • Series

    Ultramarathons Make Me A Better Lawyer

    Author Photo

    Completing a 100-mile ultramarathon was tougher, more humbling and more rewarding than I ever imagined, and the experience highlighted how long-distance running has sharpened my ability to adapt to the evolving nature of antitrust law and strengthened my resolve to handle demanding, unforeseen challenges, says Dan Oakes at Axinn.

  • State FARA Laws Pose Unique Constitutional Challenges

    Author Photo

    Several states have recently enacted foreign agent registration and disclosure regimes that were modeled after the Foreign Agents Registration Act, but these state laws raise several constitutional questions, including concerns about preemption, speech and petition, and vagueness, says Alexandra Langton at Covington.

  • Series

    Pa. Banking Brief: All The Notable Legal Updates In Q1

    Author Photo

    The first quarter of 2026 brought several consequential developments for Pennsylvania financial institutions, including the state banking department's first assessment overhaul in 10 years, a bill prohibiting interchange fees on card transaction sales taxes and a federal appeals court's upholding of a $52 million enforcement action, say attorneys at Gross McGinley.

  • Determining When Engineered Biologics May Be Patentable

    Author Photo

    The Federal Circuit's recent decision in Regenxbio v. Sarepta, concluding that engineered cells with DNA from different organisms are not patent-ineligible natural phenomena, raises questions surrounding what framework courts will use to evaluate the patent eligibility of engineered biologics moving forward, says Robert Frederickson at Goodwin.

  • In First For DOJ, Action Signals New CFIUS Enforcement Era

    Author Photo

    The U.S. Department of Justice is seeking judicial enforcement of a divestment order, an unprecedented action for the agency that ushers in a new phase for the Committee on Foreign Investment in the United States, one in which judicial proceedings complement administrative oversight and presidential divestment orders may be enforced through litigation, says attorney Sohan Dasgupta.

  • 6th Circ. Can Extend Insurance Valuation Clarity Beyond Auto

    Author Photo

    In rehearing Clippinger v. State Farm, the Sixth Circuit can align itself with the recent drumbeat of other circuits rejecting class certification of auto total loss claims and set standards that apply to similar claims brought under homeowners and other types of insurance policies, say attorneys at Jackson Walker.

  • 9th Circ. Ruling Clarifies Doc Protection Limits In Gov't Probes

    Author Photo

    The Ninth Circuit's recent decision in Kalbers v. U.S. Department of Justice confirms that Rule 6(e) provides robust protections when documents are in the government's possession only through a grand jury subpoena, emphasizing for companies the importance of careful labeling from the outset of an investigation, say attorneys at Cooley.

  • Berk May Spur More Pushback Against Med Mal Gatekeeping

    Author Photo

    The U.S. Supreme Court’s recent decision in Berk v. Choy may appear to be a run-of-the-mill reminder that a federal procedural rule trumps its state counterpart, but it could inspire more challenges to state-created prerequisites to filing medical malpractice lawsuits, say attorneys at Decof Mega.

  • Getting The Most Out Of Learning And Development Programs

    Excerpt from Practical Guidance
    Author Photo

    Junior associates can better develop the legal, business and interpersonal skills they need for long-term success by approaching their firms’ learning and development programs armed with five tips for getting the most out of these resources, says Lauren Hakala at Reed Smith.

  • A Shift In Fed. Circ.'s Approach To Patent Summary Judgment

    Author Photo

    The Federal Circuit's recent decision in Range of Motion v. Armaid may come to be seen as a seminal opinion for potentially exposing and entrenching the Federal Circuit's movement away from its previous framework for identifying obvious noninfringement cases, says Nicholas Nowak at Nowak IP Group.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Appellate archive.