Appellate

  • October 01, 2026

    11th Circ. Told Maduro Owes $217M, Not Venezuelan Oil Co.

    Venezuela's state oil company told the Eleventh Circuit that it shouldn't be forced to pay a $217 million judgment owed to the family of a political opposition leader who was tortured and killed by his government, arguing Thursday that it was never an agent of former dictator Nicolás Maduro. 

  • October 01, 2026

    Fed. Circ. Backs Galderma In Injection Training IP Case

    The Federal Circuit on Thursday affirmed an order clearing Galderma SA of a medical training startup's accusations that it misappropriated trade secrets related to an injection training system and derailed what could have been a lucrative deal with Allergan PLC.

  • October 01, 2026

    7th Circ. Won't Rehear Enbridge's Wis. Tribal Trespass Fight

    The Seventh Circuit has refused to rehear Enbridge Energy's petition seeking to overturn a decision that its Line 5 pipeline is trespassing on Wisconsin tribal lands, but also sent back to a lower court a $5.2 million restitution order for a portion of the pipeline's removal.

  • October 01, 2026

    Kalshi Looks To Shield Sports Offerings At 2nd Circ.

    Prediction market giant Kalshi has asked the Second Circuit to shield its sports offerings from Connecticut gaming enforcers, drilling down on its position that those offerings ought to be immune from state scrutiny.

  • October 01, 2026

    High Court Will Hear Kentucky Religious Land Use Case

    The U.S. Supreme Court has partially granted a review petition filed by a Roman Catholic nonprofit that's embroiled in a legal dispute with two Kentucky neighbors who don't want the nonprofit to build a Virgin Mary shrine on land that's next to the organization's church.

  • October 01, 2026

    Samsung Win Affirmed Over 'Scientifically Impossible' Patent

    The Federal Circuit on Thursday found that wireless communications patent claims asserted against Samsung were invalid because they did not enable a skilled person to make and use the invention, ruling that "the claims explicitly cover a scientific impossibility that cannot be made or used by a skilled artisan."

  • October 01, 2026

    Developer Bound By Emailed Settlement Offer, Court Says

    A three-sentence email with the subject line "settlement communication," which proposed a meeting followed by dismissal of a lawsuit over a real estate development, was a binding agreement to end the case, Massachusetts' intermediate-level appellate court said Thursday.

  • October 01, 2026

    Pa. Justices Back Transit Prosecutor Law Challenged By DA

    The Pennsylvania Legislature's creation of a "special prosecutor" to address Philadelphia District Attorney Larry Krasner's allegedly unsatisfactory handling of crime in the Southeastern Pennsylvania Transportation Authority does not run afoul of the state constitution because of the city's special status, the state Supreme Court ruled Thursday.

  • October 01, 2026

    Justices To Review Ex-Spouse Military Pay Suit

    The U.S. Supreme Court on Thursday agreed to review a woman's attempt to enforce a divorce settlement under which she said she was entitled to a share of her ex-husband's military retirement pay, even if he waived it to receive disability benefits.

  • October 01, 2026

    Trump Announces Judicial Noms For 5th Circ., NC

    President Donald Trump announced Thursday that he's nominating Todd Butler, a managing partner at Phelps Dunbar LLP, to serve as a judge on the Fifth Circuit. 

  • October 01, 2026

    Justices To Review Trump's No-Bond Migrant Detention Policy

    The U.S. Supreme Court on Thursday agreed to review whether the Trump administration can detain unauthorized immigrants without bond until their immigration cases conclude, regardless of whether they had already been living in the country.

  • September 30, 2026

    9th Circ. Judges Doubt X's Claims Against Anti-Hate Group

    Ninth Circuit judges appeared skeptical Wednesday of X Corp.'s bid to revive claims against two nonprofits for scraping tweets to study online hate speech, with one judge questioning X's contract damages claim and another doubting that the nonprofits could be held liable for publishing true information.

  • September 30, 2026

    Eli Lilly Loses Full Fed. Circ. Bid To Nix Teva's $177M IP Win

    Federal Circuit judges Wednesday denied Eli Lilly & Co.'s bid for a full court review of a panel decision that reinstated a $177 million jury verdict against it for infringing Teva headache drug patents, while one dissenting judge said the panel's holding "creates confusion" over enablement standards for patent method claims.

  • September 30, 2026

    7th Circ. Backs Truckers In Union Pacific BIPA Suit

    A Seventh Circuit panel on Wednesday affirmed that fingerprint scans at Union Pacific's Illinois facilities violated a state privacy law, rejecting the company's stance that a government contractor exception applies anytime the contract is active.

  • September 30, 2026

    Fed. Circ. Won't Order Judge To Invalidate Injection Patents

    The Federal Circuit on Wednesday refused to issue an order for a Utah federal judge to declare patents held by CR Bard Inc. and Bard Peripheral Vascular Inc. invalid at the request of Medical Components Inc.

  • September 30, 2026

    Defamation Litigation Roundup: Candace Owens, Firm DQ

    In this month's review of defamation fights, Law360 highlights a new suit over right-wing media personality Candace Owens and her conspiracy theories about the killing of conservative activist Charlie Kirk, as well as Quinn Emanuel's disqualification from a suit against a former client.

  • September 30, 2026

    Baker Donelson Gets 2nd Chance To Toss Malpractice Suit

    A Florida state appeals court reversed an order denying law firm Baker Donelson's bid to escape a construction company's malpractice lawsuit alleging it relied on bad legal advice, saying Wednesday the lower court must first determine if any misconduct occurred in the Sunshine State. 

  • September 30, 2026

    Tow Co. Can't Nix $27M Default Judgment, Texas Court Rules

    The father of a U.S. Postal Service worker who was totally incapacitated following a collision with a tow truck will get a second shot at securing a $27 million default judgment against the repossession company, a Texas appeals court ruled, saying the company was properly served.

  • September 30, 2026

    DC Circ. Unsure Annulled $40M Award Is 'Repugnant'

    The D.C. Circuit is set to decide whether it was "repugnant" of a Swedish court to retroactively cancel an arbitration agreement after a $40 million award had already been won, based on a finding that European Union law didn't allow it.

  • September 30, 2026

    Fed. Circ. Spurns Partial ParkerVision Appeal In Patent Suit

    The Federal Circuit on Wednesday found that it couldn't consider ParkerVision's challenge to a lower court's construction of some patent claims in its suit against Qualcomm while others from the same patent remain undecided, saying courts can't enter final judgments in such situations.

  • September 30, 2026

    23andMe Beats Calif.'s Bankruptcy Sale Privacy Challenge

    A Missouri federal judge on Tuesday denied California's bid to undo the $305 million bankruptcy sale of 23andMe over concerns that the sale sidestepped state consumer data protections, ruling that the state lacks standing to challenge the sale and that the court's "good-faith" findings aren't clearly erroneous.  

  • September 30, 2026

    Texas Court Revives Suit Over Sponge Left In Surgery Patient

    A Texas appellate court on Wednesday revived a medical malpractice suit accusing three radiologists of failing to identify a surgical sponge left inside a patient after open-heart surgery, saying there is a factual dispute over whether the plaintiffs acted with sufficient diligence to overcome a statute-of-limitations defense.

  • September 30, 2026

    3rd Circ. Topples Materiality Rule For Securities Suits

    The Third Circuit on Wednesday revived a securities fraud class action against pharmaceutical company Ocugen Inc., scrapping a decades-old circuit rule that treated a stock price's failure to move after a corrective disclosure as conclusive proof that an alleged misstatement was immaterial.

  • September 30, 2026

    11th Circ. Skeptical Of PACE Lenders' CFPB Rule Challenge

    An Eleventh Circuit panel on Wednesday appeared poised to reject an industry challenge to Biden-era Consumer Financial Protection Bureau rules for providers of property-assessed clean-energy loans, repeatedly questioning claims that the agency overstepped its authority.

  • September 30, 2026

    Ga. Judge Must Justify No Sanctions In Alice-Doomed IP Case

    The Federal Circuit on Wednesday ordered a Georgia federal judge to explain why it wasn't appropriate to sanction Epic Tech LLC when there were three major signs the patent it asserted against Pen-Tech Associates Inc. was invalid.

Expert Analysis

  • Series

    Judges On AI: Examining Administrative, Organizational Uses

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    U.S. District Judge Alan Albright of the Western District of Texas examines how artificial intelligence could transform a court's ability to deal with administrative work and organize materials when preparing for hearings or drafting opinions, thereby affording judges more time to resolve contested issues.

  • Why 4th Circ.'s Clean Water Act Injunction Ruling Matters

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    The Fourth Circuit's ruling last month in West Virginia Rivers Coalition v. Chemours, holding that a Clean Water Act permit violation does not automatically create a presumption of irreparable harm that requires a preliminary injunction, avoided a dramatic change in CWA enforcement, say attorneys at Hunton.

  • USPTO-Fed. Circ. Split Complicates Machine Learning Patents

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    The wide chasm between the USPTO's and the Federal Circuit's approach to eligibility for machine learning patents means that patent drafters must avoid functional claiming and specifications if they hope to avoid invalidation of a machine learning patent at the appellate court, says attorney Michael Kiklis.

  • How 9th Circ. 'Shadow Trading' Case May Affect Private Credit

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    Private credit firms should not wait for a result in the Ninth Circuit appeal in U.S. Securities and Exchange Commission v. Panuwat to address material nonpublic information exposure under existing statutes and take steps to ensure their internal policies and surveillance are ready for increased regulatory scrutiny, says Steve Brown at StarCompliance.

  • 4 Cert. Denials Keep Personal Jurisdiction Issues Percolating

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    After the U.S. Supreme Court's decisions in Ford Motor v. Montana and Mallory v. Norfolk Southern Railway expanded limits on personal jurisdiction, the justices' denials this term of four certiorari petitions suggest they are content to let jurisdiction questions brew in lower courts before weighing in, say attorneys at Hunton.

  • Class Actions At The Circuit Courts: July Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings involving wage and hour allegations, medical care for incarcerated individuals, oil and gas royalty payments, and nuisance claims.

  • Flashpoints In Focus: Employer Risk After Trans Sports Ruling

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    Following the U.S. Supreme Court's recent decision in West Virginia v. B.P.J. that allowed states to limit trans women's participation in sports, schools must carefully navigate investigations and religious accommodations, as even lawful athletics policies can lead to employment claims, say attorneys at Seyfarth.

  • Inside Differing State Approaches To Prediction Market Taxes

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    As states adopt divergent approaches to prediction market platforms through both legislation and litigation, and the landscape is anything but settled, the emerging patchwork of state taxes on prediction markets presents novel questions about characterization, preemption and compliance, say attorneys at Holland & Knight.

  • After Wash. Ruling, Paid Claim May Not End Bad Faith Risk

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    In Labeaume v. First National Insurance, a Washington appeals court recently held that the insurer's benefit payment did not preclude the plaintiff's Insurance Fair Conduct Act claim, expanding the scope of the act's cure provision and making claim documentation even more significant, says Rishabh Agny at Clyde & Co.

  • Series

    Being A Singer Makes Me A Better Lawyer

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    Before law school, I spent seven years trying to make it as a professional singer in Los Angeles, and nearly everything I learned about preparation, humility, confidence and more has followed me into my legal practice, says Jessica Caterina at Moses & Singer.

  • Justices' Review Of Atty Fees Could Reshape Pipeline Takings

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    With the U.S. Supreme Court's decision to review Hoffmann v. WBI Energy Transmission, property owners' right to recover attorney fees for appropriations under the Natural Gas Act is at stake, potentially leading to a choice between a depressed land valuation or court costs that could exceed any rewards, says attorney Sophia Holley.

  • How 2nd Circ. Raised The Bar For Pleading Securities Fraud

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    In Huey v. Anavex, the Second Circuit recently appeared to increase the burden on securities fraud plaintiffs in pleading loss causation where no immediate share price decline follows the corrective disclosure, generating new questions that district courts must grapple with, say attorneys at Skadden.

  • Trade Secret Practice Tips From The 1st Half Of 2026

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    Intellectual property attorneys should consider what several significant developments in 2026 thus far mean for how they protect, litigate and value trade secrets, focusing on new state noncompete bans, cases scrutinizing how plaintiffs identify trade secrets and federal rulings on damages doctrines, say attorneys at Faegre Drinker.

  • Yellow Corp. WARN Act Appeal Refines Layoff Guidance

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    A Delaware federal court's recent upholding of a bankruptcy court's disallowance of unions' federal Worker Adjustment and Retraining Notification Act claims against Yellow underscores that fact-specific notices and thoughtful timing are essential for distressed companies implementing layoffs, say attorneys at King & Spalding.

  • High Court Rulings Could Alter Agency Strategy For Cos.

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    The U.S. Supreme Court's recent decisions in Trump v. Slaughter and Trump v. Cook mark major turning points in the law of independent agencies and in how regulated companies should think about federal enforcement, rulemaking and agency-facing strategy, say attorneys at Holtzman Vogel.

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