Appellate

  • August 25, 2026

    Mich. Panel Keeps Democratic Ballot Bids Alive Despite Error

    Democratic attorney general candidate Eli Savit and secretary of state candidate Garlin Gilchrist II can remain on track to appear on Michigan's November ballot after a state appellate panel upheld the dismissal of a lawsuit seeking to disqualify them, ruling that a lower court wrongly rejected the challenger's amended complaint but that the error was harmless. 

  • August 25, 2026

    8-Year Supervised Release Sentence Upheld In First Step Case

    A man given life in prison for a drug conspiracy and then resentenced under the First Step Act to time served and eight years of supervised release cannot further reduce the judgment, the Second Circuit has ruled.

  • August 25, 2026

    NAACP Warns Justices Colo. Pre-K Exemption Risks Bias

    The NAACP and NAACP Legal Defense and Educational Fund urged the U.S. Supreme Court to uphold Colorado's nondiscrimination rules for its universal preschool program, warning that allowing religious schools to receive public funds while excluding students based on sexual orientation or gender identity would undermine civil rights protections.

  • August 25, 2026

    6th Circ. Says Judge Can't Escape Teen Mock Arrest Suit

    A Sixth Circuit panel on Monday allowed to proceed a Michigan federal lawsuit filed against a Detroit judge who handcuffed a 15-year-old student and subjected her to a mock trial after she fell asleep in his courtroom, ruling that judicial immunity does not protect him.

  • August 24, 2026

    11th Circ. Revives Title IX Claim Against Ga. Charter School

    An Eleventh Circuit panel has revived a Title IX claim against an Atlanta-area charter school, saying it ignored allegations of harassment against a middle school science teacher who later assaulted and was accused of harassing female students.

  • August 24, 2026

    NJ Court Rejects Senior Facility's Read On Nursing Home Law

    A New Jersey appellate court on Monday upheld a nearly $1 million judgment against a senior care network, rejecting arguments that one of its facilities wasn't operating as a nursing home in its allegedly inadequate care for an elderly patient.

  • August 24, 2026

    Calif. Appeals Court Signals Wiretap Law Applies To Trackers

    A California state appeals court appears poised to declare that website tracking technologies generally qualify as pen registers under the state's wiretap law, while finding that the specific trackers at issue in a lawsuit against Variety Media LLC don't fall under this definition because they don't identify the destination of intercepted communications. 

  • August 24, 2026

    9th Circ. Faults Calif. Judge For Denying Sentence Reduction

    The Ninth Circuit on Monday vacated a prison sentence imposed on a man convicted of possessing ammunition as a felon, saying a California federal judge "misapprehended the law" when he denied a sentencing reduction for the defendant's acceptance of responsibility.

  • August 24, 2026

    5th Circ. Revives Architect's IP Claims In Fractured Ruling

    A divided Fifth Circuit has revived an architectural firm's copyright infringement claims over the use of its home designs in a Texas residential development, while affirming the dismissal of claims alleging that the defendants stripped copyright information from marketing materials.

  • August 24, 2026

    Ukraine Says Tatneft Appeal Over $173M Stay Should Be Axed

    Ukraine has pressed the D.C. Circuit to nix an appeal by a large Russian oil company that seeks to overturn a lower court's stay order in the business's suit to enforce a $173 million arbitral award against the country, saying its domestic law prohibits it from paying the award.

  • August 24, 2026

    4th Circ. Says Vacated Drug Conviction Can't Bar Admissibility

    The Fourth Circuit concluded Monday that a Mexico native's since-vacated marijuana conviction in North Carolina state court does not render her inadmissible in the U.S., departing from a long-standing framework that considered vacated convictions valid for immigration purposes unless they're vacated due to substantive or procedural defects. 

  • August 24, 2026

    Fiat Chrysler Brings Defective Headrest Suit To Justices

    Fiat Chrysler is urging the U.S. Supreme Court to resolve a circuit split over whether an arbitrator or a court should decide the proper venue for a dispute involving a nonsignatory to an arbitration agreement, in a proposed class action over allegedly defective Jeep and Dodge headrests.

  • August 24, 2026

    2nd Circ. Says Nielsen Unbundling Order Starts Tuesday

    The Second Circuit has declared that the preliminary injunction blocking Nielsen from making Cumulus Media buy its local offerings to gain access to its national radio ratings data will go into effect Tuesday.

  • August 24, 2026

    Conn. Justices Order New Trial Over Gun Residue Science

    The Connecticut Supreme Court has reversed a murder conviction and ordered a new trial, finding in an advance opinion Monday that a state trial court wrongfully refused to hear the defendant's challenge to potentially unreliable gunshot residue evidence.

  • August 24, 2026

    Feds Seek Circuit Court Reversals In Sanctuary Policy Battle

    The Trump administration has asked separate federal circuit courts to review lower court decisions rejecting its challenges to various state and local sanctuary immigration policies, arguing to the Tenth Circuit that such policies from Colorado and Denver affirmatively obstruct federal immigration enforcement.

  • August 24, 2026

    'Old Boys Club' Tainted College Prof's Review, Jurors Told

    A former professor at The College of New Jersey told a Garden State jury on Monday that the college's finance department was run like an old boys club and that her contract was not renewed because she's a woman.

  • August 24, 2026

    Calif. Takes Trump Admin Pipeline Fight To 9th Circ.

    California has asked the Ninth Circuit to review a district court's rejection of its bid to block the Trump administration's reopening of a controversial coastal oil pipeline, which a judge said was a valid use of federal emergency authority under the Defense Production Act.

  • August 24, 2026

    Avis Didn't Waive Arbitration In Insurance Fight, 3rd Circ. Says

    Avis Budget Group didn't waive its right to arbitrate a dispute over its supplemental liability insurance by deposing a pair of customers in discovery, the Third Circuit ruled Monday, saying the car rental company needed to develop a factual record before moving to compel arbitration.

  • August 24, 2026

    3rd Circ. Revives Exxon Unit's Bid To Arbitrate Royalties Claims

    ExxonMobil subsidiary XTO Energy Inc. will get another chance to pursue arbitration in a case over allegedly underpaid natural gas royalties, with the Third Circuit ruling Monday that litigating class claims for more than four years did not preclude its bid for an out-of-court resolution.

  • August 24, 2026

    DOJ Backs Biotech Co. Against Red Cross At 1st Circ.

    The U.S. Department of Justice is continuing to back a biotech company that accuses the American Red Cross of blocking competition for blood platelet testing, telling the First Circuit the nonprofit is not part of the government and is not immune from the antitrust claims.

  • August 24, 2026

    Colo. Judge Certifies Class In Hospital Gender Care Suit

    A Colorado state judge granted class certification in transgender adolescents' lawsuit seeking to have Children's Hospital Colorado resume providing gender-affirming medical care for them and other transgender youth patients.

  • August 24, 2026

    5th Circ. Says IRS Penalty Suit Is Beyond Court Review

    The Internal Revenue Service's penalty imposed on a partnership for inaccurately reporting a Louisiana conservation easement transaction is considered a tax collection matter outside federal courts' jurisdiction, the Fifth Circuit ruled, declining to review a constitutional challenge against the penalty.

  • August 24, 2026

    Fed. Circ. Agrees To Speed Up Args In COVID Vax Patent Case

    The Federal Circuit on Monday agreed to accelerate the schedule in a COVID-19 vaccine patent dispute between Moderna and Arbutus Biopharma Corp. by holding arguments in November.

  • August 24, 2026

    Pa. Court Backs Lowe's Win In Lawnmower Injury Suit

    A Pennsylvania appeals court sided with Lowe's Home Centers LLC and MTD Products Inc. on Monday in a suit alleging a defective lawnmower caused a man's injuries when he slipped while mowing, finding that his failure to warn claim was doomed by his own admission he didn't read the posted warnings.

  • August 24, 2026

    7th Circ. Nixes IRS Bid For Rehearing Of Hyatt Perks Tax Fight

    A dispute over the taxability of $300 million in funds from Hyatt Hotels' loyalty rewards program will head back to the U.S. Tax Court, with the Seventh Circuit rejecting the Internal Revenue Service's request to rethink its decision remanding the case.

Expert Analysis

  • Fed. Circ. In May: Being Precise About 'About'

    Author Photo

    The Federal Circuit's decision in Enviro Tech v. Safe Foods last month illustrates the danger in attempting to expand claim scope with words of approximation, potentially causing claims to be invalid for lack of definiteness, say attorneys at Knobbe Martens.

  • Justices' FCC Fine Ruling May Weaken Agency Leverage

    Author Photo

    The U.S. Supreme Court's decision in Federal Communications Commission v. AT&T upheld the commission's forfeiture framework as consistent with Jarkesy, but it is also likely to reduce the effectiveness of the commission’s forfeiture proceedings as a collection and deterrence tool, say attorneys at Venable.

  • Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

    Author Photo

    An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

  • Google Antitrust Case Puts Spotlight On De Facto Exclusivity

    Author Photo

    Mozilla's recent amicus filing in U.S. v. Google arguing that its agreement to make Google the default search engine did not amount to de facto exclusivity highlights the growing debate over traditional indicators of exclusivity, with implications for any business that uses rebates, preferred contracts or volume incentives, says Chris Gowen at WilmU Farnan School of Law.

  • Justices' Montgomery Ruling Doesn't Expand Shipper Liability

    Author Photo

    Whether negligent hiring liability claims against shippers will increase after the U.S. Supreme Court's decision last month in Montgomery v. Caribe Transport II is anyone's guess, but the ruling itself will have no impact on shippers' actual liability in personal injury claims relating to trucking accidents, says Ronald Leibman at McCarter & English.

  • GHG Rescission Undermines State Climate Suit Preemption

    Author Photo

    As the U.S. Supreme Court considers the fate of state climate litigation in Suncor Energy Inc. v. Boulder County, it must confront the fact that the U.S. Environmental Protection Agency's rescission of its greenhouse gas endangerment finding has also removed the foundation for federal preemption of state climate suits, says attorney Gregg Goldfarb.

  • 3rd Circ. Decision Sheds Light On BIPA Bank Exemption

    Author Photo

    The Third Circuit's recent decision in McGoveran v. Amazon illuminates how courts are extending the Illinois Biometric Information Privacy Act's financial institution carveout beyond banks and insurers to technology vendors and other businesses handling biometric data, a defendant-friendly shift that still casts uncertainty around BIPA's enforcement, say attorneys at Dorsey & Whitney.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

    Author Photo

    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • Series

    Moshing Makes Me A Better Lawyer

    Author Photo

    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • High Court Ruling Casts Doubt On Status-Based Gun Bans

    Author Photo

    The U.S. Supreme Court’s recent ruling in U.S. v. Hemani demonstrates that the justices are increasingly skeptical of broad theories of categorical disarmament and clarifies that dangerousness cannot simply be presumed from one's status or membership in a statutory category, such as illegal drug use, says Lee Francis at Widener Law.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

    Author Photo

    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • Steps For Employers After 7th Circ. BIPA Retroactivity Ruling

    Author Photo

    The Seventh Circuit's recent ruling in Clay v. Union Pacific sharply limits per-scan statutory damages theories in pending Biometric Information Privacy Act cases by retroactively applying a 2024 amendment, but employers should not mistake the holding for a broad safe harbor, say attorneys at Thompson Coburn.

  • How NEPA Review Has Changed Since Seven County

    Author Photo

    A year after the U.S. Supreme Court's decision in Seven County Infrastructure Coalition v. Eagle County instituted major changes to judicial review under the National Environmental Policy Act, courts are effectively applying the decision, but where things go from here may be up to agencies and project proponents, say attorneys at Venable.

  • A Midyear Look At Antiterrorism Act Jurisprudence And Policy

    Author Photo

    Plaintiffs have filed comparably fewer new actions under the Antiterrorism Act this year, though a handful of key decisions further defined the statute’s aiding-and-abetting standard and highlighted continuing risks for financial services companies, say attorneys at Skadden.

  • Justices' ICA Ruling Provides Certainty For Regulated Funds

    Author Photo

    The U.S. Supreme Court's recent ruling in FS Credit v. Saba that a contract-rescission provision of the Investment Company Act does not provide investors with a private right of action is a victory for the regulated fund industry, emphasizing that where Congress intended to create private remedies, it did so expressly, say attorneys at Simpson Thacher.

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.