Appellate

  • October 30, 2026

    3rd Circ. Judge Notes 'Privilege' Of Voting In Pa. Ballot Fight

    A Third Circuit judge said Thursday that he believed there was "no indefeasible individual right to vote," splitting from his colleagues in an appeal over fee awards in an election case to opine on collective rights, who can enforce them and who benefits from litigation over election rules.

  • October 30, 2026

    Fed. Circ. Upholds BeSang Patent, Keeps Micron Ruling Intact

    The Federal Circuit on Friday affirmed the Patent Trial and Appeal Board's rejection of Micron Technology's and Intel Corp.'s challenges to a BeSang Inc. computer memory patent, but also upheld a ruling that led BeSang to concede Micron doesn't infringe.

  • October 30, 2026

    Alleged Stalker's Car Search Lawful, Texas High Court Rules

    The highest criminal court in Texas has ruled that a man cannot suppress evidence that he had an illegal firearm in his car because a vehicle inventory taken by police did not violate his Fourth Amendment rights, even if the search did not follow department policy.

  • October 30, 2026

    $9.1M Fee Award Against ChromaDex Erased By Fed. Circ.

    The Federal Circuit Friday overturned a $9.1 million attorney fee award issued to Elysium Health Inc. stemming from a patent infringement case brought by ChromaDex and Dartmouth College, ruling that a district judge had not gone far enough in his patent eligibility analysis.

  • October 30, 2026

    Humanitarian Nonprofit Won't Face Sex Harassment Claims

    A California appeals court refused to revive claims that a former employee of actor Sean Penn's nongovernmental organization was sexually harassed on the job by a firefighter, concluding an arbitrator did not overstep when he found the worker had filed her case too late.

  • October 30, 2026

    Tesla Drivers Urge Full 9th Circ. To Save False Ad Class

    Drivers have asked the full Ninth Circuit to clarify the standard for certifying class actions accusing companies of deceptive advertising, saying they should be allowed to forge ahead with classwide claims alleging Tesla misled customers about the autonomous or self-driving capabilities of its vehicles.

  • October 30, 2026

    Theme Park Can't Short-Circuit Patron's Trip-And-Fall Case

    A split appellate panel refused to shut down a premises liability suit against a Georgia amusement park on Friday, unswayed by the company's claim that the walkway where the plaintiff tripped and fell amounted to an obvious hazard.

  • October 30, 2026

    Leonard Cohen Trustee Doesn't Need Court's OK To Sue Firm

    A California appellate court has affirmed its decision to reject an argument by the law firm Leonard Cohen hired for estate planning that it cannot be sued over its representation of the singer-songwriter's personal manager without a judge's permission.

  • October 30, 2026

    Groups Urge High Court To Maintain Halt Of Big Bend Wall

    A group of environmental advocates urged the U.S. Supreme Court to keep in place an order that blocked construction of barriers along the Big Bend border, arguing immigration officials exceeded their authority when they circumvented certain environmental laws.

  • October 30, 2026

    1st Circ. Affirms Toss Of Challenge To DHS Records Rule

    Counsel for asylum-seekers and immigrants facing removal lack standing to challenge a U.S. Department of Homeland Security policy requiring them to obtain their clients' immigration and visa records via the Freedom of Information Act rather than discovery, the First Circuit has found.

  • October 30, 2026

    Judge Opens Ethics Inquiry Into DOJ's Golf Course Candor

    A D.C. federal judge opened an inquiry Friday into whether Trump administration attorneys and officials violated their ethical obligations to the court when they repeatedly told her that there were no plans to close East Potomac Golf Course for an overhaul at President Donald Trump's behest.

  • October 30, 2026

    Tire-Makers Urge 6th Circ. Not To Revive Price-Fixing Suit

    Tire manufacturers including Bridgestone, Goodyear and Michelin have told the Sixth Circuit that a lower court was right to toss a price-fixing case against them after finding the COVID-19 pandemic was the likely cause of price increases, not a conspiracy.

  • October 30, 2026

    DOJ Backs Ex-Wisconsin Judge's ICE Obstruction Conviction

    The U.S. Department of Justice told the Seventh Circuit that the high-profile conviction of a former Wisconsin state court judge for interfering with an ICE arrest was not compromised by her position on the bench or by jury instructions.

  • October 30, 2026

    Defamation Litigation Roundup: Benny Johnson, Mariah Carey

    In this month's review of defamation fights, Law360 highlights separate lawsuits against two conservative political figures accused of sharing false and disparaging online content, one brought by a left-wing streamer and another by protesters of Immigration and Customs Enforcement activities in Illinois.

  • October 29, 2026

    9th Circ. Revives Tequila-Maker's TM Fight With Sutter Home

    The Ninth Circuit on Thursday reversed a ruling that blocked Roar Spirits LLC from registering two El Bandido Yankee tequila trademarks, holding that a reasonable factfinder could conclude that differences between El Bandido Yankee and Sutter Home Winery's Bandit boxed wine trademark make it unlikely consumers would confuse the brands.

  • October 29, 2026

    Texas Court Backs Mom's Consent To Search Son's Room

    The highest criminal court in Texas ruled Thursday that law enforcement were justified in believing they could search a man's bedroom without violating his Fourth Amendment rights because he lived at home with his mother, and she granted police access to search her entire home. 

  • October 29, 2026

    Utah Officials Say 10th Circ. Rightly Revived Psilocybin Case

    County and local officials in Provo City, Utah, urged the Tenth Circuit not to give a religious group a second chance at arguing that it shouldn't be prosecuted for using psilocybin in its practices, slamming the church's arguments as "overblown."

  • October 29, 2026

    WTA Appeals Ruling Keeping Tennis Antitrust Suit Alive

    The corporate and commercial entity that operates the Women's Tennis Association said Wednesday it will file an interlocutory appeal challenging a New York federal judge's ruling last month denying its bid to force antitrust claims brought by tennis players into arbitration.

  • October 29, 2026

    Colo. Justices Won't Review Hospital's Injunction Compliance

    The Colorado Supreme Court declined Thursday to take up transgender youth patients' challenge to a Denver judge's ruling that discharged their contempt citation against Children's Hospital Colorado for not resuming providing medical gender-affirming care to transgender adolescents.

  • October 29, 2026

    Panel Says Municipalities Can't Be Sued Under Colo. FCA Law

    In a matter of first impression, the Colorado Court of Appeals Thursday found that a municipality can't be held liable under the Colorado False Claims Act because a municipality isn't a "person" under the statute.

  • October 29, 2026

    7th Circ. Probes Trump's Challenge Of Ill. Sanctuary Laws

    The Seventh Circuit pressed the Trump administration Thursday to address how refusal by Illinois and other sanctuary jurisdictions to help federal officers take custody of immigrants leaving state jails amounts to unlawful interference with federal immigration law, while also expressing skepticism that such cooperation amounts to unconstitutional commandeering of local law enforcement resources.

  • October 29, 2026

    EMT Immunity Doesn't Cover Driving, Wash. Justices Say

    Emergency medical technicians' qualified immunity from negligence claims in Washington does not extend to driving ambulances, a divided state Supreme Court held Thursday, ruling that the transportation of patients falls outside EMTs' statutory immunity for rendering emergency services.

  • October 29, 2026

    Gov't Urges Court To Dismiss $50B Ligado Takings Case

    The federal government has urged the U.S. Court of Federal Claims to dismiss Ligado's attempt to secure $50 billion over claims the Pentagon prevented the company from using valuable spectrum rights it bought for exclusive use to build a terrestrial wireless network.

  • October 29, 2026

    Pa. Supreme Court OKs Cancer Misdiagnosis Retrial

    The Pennsylvania Supreme Court on Thursday greenlighted a new trial in a suit accusing a doctor of rendering the wrong type of cancer treatment to a patient, which caused her to die more quickly, solidifying the state's risk of harm standard in medical malpractice cases.

  • October 29, 2026

    Fla. Court Dismisses Ex-School GC Grand Jury Secrecy Case

    A Florida state court Thursday tossed an indictment alleging a former school general counsel unlawfully violated the secrecy of a grand jury convened after the 2018 Parkland school shooting after the state's highest court declined to hear prosecutors' appeal to reinstate criminal charges earlier this week. 

Expert Analysis

  • Patent Ruling Shows Concrete Tech Solution Key To Eligibility

    Author Photo

    The Federal Circuit’s recent Ceiva Opco v. Amazon.com decision offers an important reminder that software-related inventions can remain patent eligible when they claim a concrete technological solution to a specific problem, says Irah Donner at Manatt.

  • Appellate Vape Rulings May Expand State Regulation Powers

    Author Photo

    Two recent federal appeals courts decisions rejecting Federal Food, Drug and Cosmetic Act preemption challenges to state electronic nicotine delivery systems directory laws signal an emerging appellate consensus that could significantly expand states' power to regulate vaping product sales where federal enforcement falls short, say attorneys at Troutman.

  • How Solar Fraud Case Affects Lender Oversight Of Dealers

    Author Photo

    The U.S. Supreme Court's refusal to review the Third Circuit's ruling in Migliore v. Sunlight Financial means that residential solar finance companies are protected from vicarious liability for deceptive acts by independent solar dealers — but lenders must still take steps to guard against dealer misconduct, says Rand Manasse at Green Lane Partners.

  • Fed. Circ. Rulings Emphasize Adjudicative Access And Review

    Author Photo

    Decisions from the Federal Circuit's 2026 docket indicate that the court is increasingly paying attention to whether tribunals possess authority to act, meaning practitioners will need to properly address procedural hurdles before they can argue the merits of a case, say attorneys at Reichman Jorgensen.

  • Amazon v. Perplexity Ruling Limits CFAA Reach Over AI Tools

    Author Photo

    The Ninth Circuit's recent decision in Amazon v. Perplexity provides important early guidance on how the Computer Fraud and Abuse Act applies to agentic artificial intelligence, and is the latest in a line of rulings in which courts have declined to stretch existing statutes to broadly regulate AI, say attorneys at Ropes & Gray.

  • Managing OSHA Mental Illness Logs After 5th Circ. Vacatur

    Author Photo

    Employers with facilities in multiple states need to carefully weigh their recordkeeping procedures following the Fifth Circuit’s recent decision that the Occupational Safety and Health Administration cannot require employers to log work-related mental illness, as inconsistent logs across facilities may raise other issues, say attorneys at Haynes Boone.

  • Expect More Probes After 3rd Circ. Algorithmic Pricing Ruling

    Author Photo

    The Third Circuit's recent decision in Cornish-Adebiyi v. Caesars Entertainment, allowing algorithmic price-fixing claims to proceed past motions to dismiss, may serve as a road map for how to contend with increased litigation risk in this developing area of antitrust law, say attorneys at BakerHostetler.

  • Series

    Being In A Band Made Me A Better Lawyer

    Author Photo

    Playing shows in storied New York City venues and rehearsing with my bandmates in poorly ventilated rooms helped develop the professional qualities I rely on as a litigator, including an ability to collaborate with strong-minded equals and the determination to treat each client with singular focus, says Eliad Shapiro at Herrick Feinstein.

  • Notable Q2 Updates In Insurance Class Actions

    Author Photo

    After 2026's second quarter, there is more authority rejecting class certification on total loss valuation theories from courts at the federal circuit, federal district and state appellate level — along with a resolution of a novel issue of depreciation on a wildfire claim, says Kevin Zimmerman at BakerHostetler.

  • 10th Circ. Ruling Undermines False Ad 'Two Clicks' Rule

    Author Photo

    The Tenth Circuit’s recent ruling in KetoNatural Pet Foods v. Hill's Pet Nutrition substantially challenges a long-standing assumption that a company can avoid responsibility for promotional claims simply because the consumer encountered them by clicking a hyperlink to a third-party website, say attorneys at Venable.

  • How Drug Trial Prediction Markets Pose Insider Trading Risks

    Author Photo

    Multiple prediction market platforms have recently announced plans to offer event contracts related to clinical trial outcomes and regulatory decisions, creating new insider trading risks by expanding the group of people possessing related material nonpublic information far beyond traditional corporate insiders, say attorneys at King & Spalding.

  • Mich. Ruling Gives Consumer Protection Law Its Teeth Back

    Author Photo

    The Michigan Supreme Court's recent decision in Attorney General v. Eli Lilly, overruling key holdings in two earlier cases, means that Michigan businesses can no longer defeat allegations of deceptive conduct under the state's consumer protection law simply by pointing to any governmental regulation of the business, say attorneys at DiCello Levitt.

  • Series

    Law School's Missed Lessons: Surviving A Long Trial

    Author Photo

    Most of law school trial advocacy is geared toward the sprint of trying a short case, but beyond managing a cross-examination or closing argument, effectively handling the marathon of a lengthy trial requires the ability to maintain composure, organization and credibility with the jury, says Mihir Elchuri at Hirschler.

  • A Deepening Patent-Trademark Divide Over Irreparable Harm

    Author Photo

    Recent Federal Circuit decisions, along with legislation being considered in Congress, may exacerbate the differences that patent owners and trademark owners face when seeking to stop infringement before irreparable harm is caused, say attorneys at BakerHostetler.

  • 7th Circ. Ruling May Reduce Litigation Risk For Text Marketers

    Author Photo

    The recent Seventh Circuit holding in Steidinger v. Blackstone Medical Services that unwanted marketing text messages are not telephone calls under the Telephone Consumer Protection Act may strengthen companies' responses to presuit demand letters and early-stage litigation claims premised on do-not-call text theories, say attorneys at Holland & Knight.

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.