Appellate

  • June 03, 2026

    Delay Sends Ga. Teen Murder Case To Youth Court

    A 14-year-old boy who was arrested in connection with the shooting death of a teenage girl must have his case heard in juvenile court, the Georgia Court of Appeals has ruled, finding the state missed the deadline to indict him as an adult.

  • June 03, 2026

    3rd Circ. Nixes DOL's $35.8M Nursing Home Wage Win

    Federal wage law doesn't allow workers to recover pay for nonovertime hours during weeks when they logged more than 40 hours, the Third Circuit held Wednesday as a matter of first impression, partially undoing a $35.8 million win for the U.S. Department of Labor against bankrupt nursing homes.

  • June 03, 2026

    BIA Panel Says Special Status Doesn't Permit Release On Bond

    A Salvadoran national previously designated as an unaccompanied alien child upon arriving in the U.S. without authorization and who later obtained special immigrant juvenile status is still subject to mandatory detention during removal proceedings, the Board of Immigration Appeals has ruled.

  • June 03, 2026

    Ex-NRA Chief LaPierre Loses Appeal Of $4.4M Fine, Ban

    A New York state appellate panel upheld a Manhattan jury verdict against former National Rifle Association chief Wayne LaPierre for alleged misconduct, including $4.4 million in monetary damages and a ban on him serving in leadership at the gun group for a decade.

  • June 02, 2026

    Justices Allow Ala. To Use 'Discriminatory' Map In Midterms

    The U.S. Supreme Court on Tuesday paused a lower court order requiring Alabama to hold this year's elections under a court-drawn map that gives Black voters a chance to elect two preferred congressional candidates, allowing the state to readopt a map that gives Black voters only one such opportunity. 

  • June 02, 2026

    'Tax 1st, Plan 2nd' School Funding Fee Unlawful, Panel Told

    Counsel for two certified classes of residents and homeowners told a North Carolina state appeals court Tuesday that they should be handed a new jury trial, as a county neglected state statute when it extracted millions of dollars in impact fees from local families without a clear plan on how to spend those funds.

  • June 02, 2026

    9th Circ. Revives Duty To Defend Claims In Wash. Crash Suit

    A Ninth Circuit panel Tuesday partially revived a Washington couple's claims accusing Integon Preferred Insurance Co. of flouting its duty to defend them from a lawsuit over a 2017 pedestrian collision, reversing a lower court's ruling that the policyholders failed to promptly notify the insurer of the suit.

  • June 02, 2026

    8th Circ. Backs Rap Lyrics As Evidence In Drug Convictions

    Lyrics and a music video were properly admitted as evidence against two rappers accused of being a part of a Kansas City, Missouri, drug trafficking ring, the Eighth Circuit has ruled, saying the relevance of the lyrics was "obvious" when affirming their convictions and prison sentences.

  • June 02, 2026

    Feds Ask 9th Circ. To Ax 'Outdated' Flores Migrant Kids Pact

    The Trump administration urged the Ninth Circuit on Tuesday to end the 30-year-old Flores settlement governing the custody of detained immigrant children, arguing there have been "enormous" changes to migration patterns and the law, and federal courts should not be micromanaging the government's immigration practices by enforcing an "outdated policy preference."

  • June 02, 2026

    11th Circ. Reverses 2 Live Crew's Copyright Clawback Win

    The Eleventh Circuit ruled Tuesday that hip hop group 2 Live Crew could not reclaim copyrights to five albums despite most of them agreeing to terminate copyright grants to third parties, saying in a published opinion that one member's termination interests were "swept" in, and remained in, his bankruptcy estate.

  • June 02, 2026

    FCC Overstepping Authority In Device Denials, Hikvision Says

    Congress didn't give the Federal Communications Commission the power to pull already authorized equipment off the market by placing it on the so-called covered list of equipment deemed to be a national security risk, Hikvision has told the D.C. Circuit.

  • June 02, 2026

    Colo. Panel Weighs EFAA's Limits In Club Retaliation Case

    A Colorado Court of Appeals panel at oral arguments Tuesday grappled with dueling interpretations of the limits of the phrase "related to" in the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, weighing in on a Denver strip club's appeal attempting to arbitrate a former bartender's retaliation claims.

  • June 02, 2026

    3rd Circ. Asks NJ To Define 'Unreasonable' Gunmaker Conduct

    The Third Circuit on Tuesday appeared skeptical of the state of New Jersey's position that The National Shooting Sports Foundation still lacked standing as it tries to renew its challenge of a Garden State law allowing it to sue gunmakers for endangering public safety, questioning what exactly is impermissible under broad statutory language like "unreasonable" conduct.

  • June 02, 2026

    Calif. Justices Nix Death Verdict Over Atty's Guilt Concession

    The California Supreme Court has reversed the convictions of a man sentenced to death, saying his defense attorney violated his rights at trial by conceding his guilt, over his objection, in a series of deadly shootings and other crimes.

  • June 02, 2026

    Panel Unsure Lowenstein Missed Deadline In Pot Biz Fee Row

    A New Jersey appellate panel on Tuesday questioned if Lowenstein Sandler LLP ever filed the amended complaint that would trigger the allegedly missed deadline that Trif & Modugno LLC says is fatal to Lowenstein Sandler's bid for $750,000 in unpaid fees from a failed cannabis venture.

  • June 02, 2026

    Wash. Panel OKs Challenges To Seattle's Comprehensive Plan

    A Washington state appeals panel Monday revived a pair of challenges to an environmental impact statement published as part of Seattle's comprehensive plan for the city's next two decades of growth, ruling that the challenges aren't barred by recent state laws encouraging the construction of more housing.

  • June 02, 2026

    Green Groups Challenge EPA Chemical Leak Rules

    Environmental and public health groups are challenging softened monitoring and reporting requirements for chemical manufacturing facilities.

  • June 02, 2026

    Colo. Panel Mulls Association's Fees Bid, Lease Interpretation

    The Colorado Court of Appeals on Tuesday focused on how it should interpret portions of a long-term fishing lease between a property owners association and a Colorado ranch in the association's appeal seeking attorney fees against the ranch.

  • June 02, 2026

    Ariz. Justices Nix Murder Conviction Over Bad Verdict Form

    A divided Arizona Supreme Court has ordered a new murder trial for a man convicted of second degree murder after it found that a jury was given incorrect jury instructions on a different charge and an incorrect verdict form.

  • June 02, 2026

    Why License? 5th Circ. Weighs 'Server Test' In News App Fight

    A Fifth Circuit judge on Tuesday asked counsel for a news aggregation app why publishers would ever license their articles if the app can lawfully show readers the same content without paying as long as it's hosted on the publishers' own servers.

  • June 02, 2026

    Fed. Circ. Won't Save Farm Patents, But Reopens Fee Issue

    The Federal Circuit on Tuesday revived a company's bid for attorney fees after defeating an infringement case by AGI Suretrack over agricultural data patents, saying a lower court correctly deemed those patents invalid, but failed to explain why it didn't find the case exceptional for fee purposes.

  • June 02, 2026

    11th Circ. Affirms Ga. Concrete Bid-Rigging Conviction

    The Eleventh Circuit on Tuesday affirmed a manager's conviction for conspiring to rig bids and fix prices for tens of millions of dollars in ready-mix concrete contracts in Georgia, after finding enough evidence of his participation in the scheme.

  • June 02, 2026

    Michigan Tells Panel Absentee Ballot Restriction Too Stiff

    Counsel for the Michigan secretary of state urged a state appeals panel Tuesday to overturn the Republican National Committee's win of an injunction requiring absentee ballots with missing or mismatched identification tabs to be disqualified, arguing that tossing those ballots would disenfranchise voters.

  • June 02, 2026

    4th Circ. Says Worker Can't Revive Wage Classes After Deal

    The Fourth Circuit dismissed a former auto parts worker's appeal of an order decertifying wage and hour classes and a collective action, finding Tuesday he lost standing when he voluntarily settled his individual claims.

  • June 02, 2026

    Generics Makers Tell 3rd Circ. Buyers Too Few For Class

    Two pharmaceutical companies embroiled in decadelong litigation over the alleged price-fixing of generic drugs told a Third Circuit panel on Tuesday that groups of drug buyers either didn't have the numbers necessary to support class certification or were not clearly identifiable.

Expert Analysis

  • Startup Founder Disputes Increasingly Turn On Governance

    Author Photo

    Recent Delaware developments suggest that as courts place increasing emphasis on board process, independence and oversight in founder-led startups, the growing intersection of governance, technology risk and investor oversight is accelerating both the emergence and escalation of founder disputes, says mediator Frank Burke.

  • 3 AI Adoption Mistakes GCs Should Avoid

    Author Photo

    The pressure in-house legal teams face to quickly adopt artificial intelligence tools, combined with budget constraints and the need to evaluate a crowded market of options, sets the stage for implementation mistakes that are often difficult to undo, says former 23andMe general counsel Guy Chayoun.

  • Series

    Playing Basketball Makes Me A Better Lawyer

    Author Photo

    My grandfather used to say "I wear your jersey" as shorthand for wholly committing to support someone with loyalty and integrity — ideals that have shaped my life on the basketball court and in legal practice, says Tracy Schimelfenig at Schimelfenig Legal.

  • Salt-N-Pepa Suit May Shake Up Music Copyright Issue

    Author Photo

    James v. UMG Recordings is a copyright termination rights case that provides an opportunity for the Second Circuit to make concrete choices about grant language, authorship, work-for-hire status and survival of derivative works, says attorney Abdul Abdullahi.

  • Opinion

    5th Circ.'s Abortion Pill Order Is Shaky On Multiple Grounds

    Author Photo

    The Fifth Circuit's recent order in Louisiana v. U.S. Food and Drug Administration, reinstating an in-person dispensing requirement for the abortion medication mifepristone, seems to turn federalism upside-down, and is also questionable for several other reasons, says Gregory Curtner at Curtner Law.

  • Series

    The Biz Court Digest: Georgia Court Has Business On Its Mind

    Author Photo

    Thanks to recent legislation, the Georgia State-wide Business Court will soon offer business litigants greater access to the court than ever before, further enhancing the court's emphasis on efficiency, predictability and accessibility for sophisticated commercial disputes, says former GSBC judge Walt Davis at Jones Day.

  • 5 Takeaways From Justices' Subpoena Fight Ruling

    Author Photo

    The U.S. Supreme Court's recent decision in First Choice v. Davenport fortifies a line of First Amendment associational privacy cases stretching back nearly 70 years, and ensures that organizations subject to government demands for donor information have a meaningful federal forum in which to defend their constitutional rights, say attorneys at DLA Piper.

  • Where The Preemption Fight Over Prediction Markets Stands

    Author Photo

    While the Third Circuit's recent ruling in Kalshi v. Flaherty remains a significant win for the federal government in its quest to regulate prediction markets, the Fourth, Sixth and Ninth Circuits appear more skeptical, indicating that this fight is likely headed for the Supreme Court, says Johnny ElHachem at Holland & Knight.

  • Md. Justices' State Climate Tort Ban May Shape National Path

    Author Photo

    The Maryland Supreme Court’s recent ruling that federal law preempted state-level deceptive marketing tort claims brought by several municipalities could offer the U.S. Supreme Court a road map to use in the pending Suncor Energy v. Boulder County case to exclude states from the business of regulating global emissions, say attorneys at ArentFox Schiff.

  • 4 Emerging Approaches To AI Protective Order Language

    Author Photo

    Over the last year, at least five federal district courts have issued or analyzed specific protective order provisions restricting the use of generative artificial intelligence platforms with protected materials, establishing that proactive AI-specific provisions are now standard practice and demonstrating that no single model works for every case, says Joel Bush at Kilpatrick.

  • What Justices Are Focusing On In 'Skinny Label' Patent Case

    Author Photo

    Though Hikma v. Amarin appears to be a patent dispute that could reshape inducement doctrine in the pharmaceutical context, oral argument suggests the U.S. Supreme Court may treat this as primarily a pleading-stage dispute, with important unresolved questions lurking beneath the surface, says Shashank Upadhye at Upadhye Tang.

  • Employer Tips After 4th Circ. Rejects Trimmed Suit Deadlines

    Author Photo

    The Fourth Circuit's recent holding in Thomas v. EOTech that employers cannot use contractual provisions to shorten statutory filing periods for Title VII or Age Discrimination in Employment Act claims offers a warning for employers to review any such documents and reassess their litigation risk, say attorneys at Ogletree.

  • Binance Win Shows Constraints On Anti-Terrorism Act Claims

    Author Photo

    The Southern District of New York's recent ruling in Troell v. Binance illustrates that the Second Circuit's earlier decision in Ashley v. Deutsche Bank is holding weight with courts, and companies facing aiding and abetting risk should thus monitor evolving case law and assess exposure based on nexus allegations, say attorneys at Freshfields.

  • Understanding The Insider Trading Gap In Prediction Markets

    Author Photo

    While the first-ever insider trading indictment involving a prediction market — the recent prosecution of a service member involved in the capture of Nicolás Maduro — comprised extreme facts and straightforward legal theories, future cases will test the bounds of insider trading law, say attorneys at Baker McKenzie.

  • Heppner Ruling Left AI Privilege Risk For Lawyers Unresolved

    Author Photo

    While a New York federal judge’s recent ruling in U.S. v. Heppner resolved a privilege question surrounding client-side artificial intelligence use, it did not address how to mitigate the risks that can arise when confidential information enters the operative context of an AI system used by an attorney, says Jianfei Chen at Quarles & Brady​​​​​​​.

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.