Appellate

  • August 12, 2026

    Army Loses Bid For 4th Circ. Burial Remains Rehearing

    The Fourth Circuit won't rethink its decision that the U.S. Army must return the remains of two Indigenous children to the Winnebago Tribe of Nebraska who have been buried at a former Indian boarding school cemetery in Pennsylvania for more than a century.

  • August 12, 2026

    DEA Tells 4th Circ. Hemp Co. Can't Seek Review Of HHC Rule

    The U.S. Drug Enforcement Administration is urging the Fourth Circuit to throw out a hemp company's challenge to a recent rule allegedly designating a psychoactive hemp-derived compound as a Schedule I substance, saying the rule is a minor administrative change that cannot be challenged through a petition for review.

  • August 12, 2026

    NJ Justices See No Mental State Tie To Daniel's Law Damages

    The New Jersey Supreme Court held Wednesday that there is no mental state required for damages to be established under the state's judicial privacy law, answering a question that the Third Circuit said could help the federal appeals court determine the law's constitutionality.

  • August 11, 2026

    US Fights Ayahuasca Church's $240K Fee Bid As Excessive

    The U.S. government is slamming as "exorbitant" a Phoenix church's request for $240,000 in fees — a sum racked up while the church was arguing for a $2 million attorney payout — arguing that the litigation was unnecessary because the church could have secured the right to use the psychoactive beverage ayahuasca in religious ceremonies via an administrative process.

  • August 11, 2026

    Abbott, Mead Must Face Baby Formula Retrial, Mo. Panel Says

    A Missouri appeals court on Tuesday affirmed a new trial order in a suit accusing Abbott Laboratories and Mead Johnson of selling baby formula that causes a serious condition in preterm infants, agreeing with the trial court that the verdict was not supported by the evidence.

  • August 11, 2026

    7th Circ. Says Ind. Railroad Can't Levy Fees For Telecom Lines

    Indiana railroad easements don't give rail companies the right to charge for access to the air above them or the ground below them, the Seventh Circuit has ruled in an opinion that means telecoms that installed fiber cables under a CSX Transportation easement won't be paying licensing fees.

  • August 11, 2026

    Split 11th Circ. Upholds FRA's Train Crew Size Rule

    A divided Eleventh Circuit panel on Tuesday upheld the Federal Railroad Administration's two-person train crew rule, saying the agency reasonably justified the safety rationale for the rule and rejecting the rail industry's claims of government overreach.

  • August 11, 2026

    Red States Back DA's Office In High Court Bias Carveout Fight

    A group of mostly Republican state attorneys general backed a Georgia prosecutor's office, urging the U.S. Supreme Court to reject a former aide's argument she wasn't covered by a Title VII exemption for the personal staff of elected officials.

  • August 11, 2026

    5th Circ. Douses Biden-Era Gas Stove Efficiency Regs

    A Fifth Circuit panel castigated the U.S. Department of Energy for pushing through energy standards for stoves and cooktops while failing to follow proper rulemaking procedures, saying the rule was part of the Biden administration's attempts to "make home appliances more expensive and less useful."

  • August 11, 2026

    DC Circ. Erases Stay Of Feds' Parolee Quick-Removal Policy

    The D.C. Circuit on Tuesday vacated a district court's nationwide stay of the Trump administration's policy of subjecting noncitizens paroled into the country to expedited removal, noting the plaintiffs didn't seek to stay the federal regulation allowing that practice.

  • August 11, 2026

    Mich. Appeals Panel Restores Ethnic Threat Jury Standard

    Semantics matter, a Michigan Court of Appeals panel said in an unpublished opinion Monday, reversing a trial court's order regarding jury instruction language used in an ethnic intimidation trial.

  • August 11, 2026

    Colo. Panel Mulls Insurer's Bid To Reverse $170M Verdict

    A subsidiary of Berkshire Hathaway Inc. urged the Colorado Court of Appeals on Tuesday to reverse a nearly $170 million jury award for a Colorado worker who sustained a "catastrophic" brain injury on the job, arguing that the trial court failed to properly instruct the jury on physical impairment damages.

  • August 11, 2026

    Panel Wary Of $10M Award For Amtrak Counterclaim Distress

    A Pennsylvania Superior Court panel on Tuesday appeared skeptical that Amtrak should be held liable for emotional trauma suffered by a former engineer from the fallout of a 2015 train derailment, which included criminal charges and a lawsuit he filed that resulted in a $10 million verdict.

  • August 11, 2026

    RealPage Points To 2nd Circ. Ruling In NY Pricing Law Case

    RealPage told a New York district court that a recent Second Circuit ruling backs up its challenge to a state law prohibiting landlords from using software to set residential rental rates, because the appeals court found that a New York City law requiring delivery apps to share customer data with restaurants went too far.

  • August 11, 2026

    Deal Ends Patent Case After WDTX Verdict Clearing Cisco

    Cisco Systems Inc. and prominent patent licensing company Brazos Licensing and Development have notified a Western District of Texas judge that they have agreed to dismiss a patent suit, more than a year after a jury cleared Cisco of infringing router patents.

  • August 11, 2026

    Goldstein Unveils Cooley Appeal Team

    Thomas Goldstein has unveiled an experienced lineup of appellate lawyers he'll turn to in his bid to overturn 12 tax and mortgage fraud convictions, featuring several attorneys with extensive U.S. Supreme Court experience.

  • August 11, 2026

    Objectors Sink $148M Lincoln National Class Deal At 2nd Circ.

    A Connecticut federal judge should not have certified a policyholder class that secured a $147.5 million cost-of-insurance settlement with Lincoln National and a Cigna unit, the Second Circuit held on Tuesday, in a victory for objectors who are pursuing parallel cases in other states.

  • August 11, 2026

    4th Circ. Sides With Outback In Contentious Injury Suit

    The Fourth Circuit has freed Outback Steakhouse's Florida branch from a slip-and-fall suit that went through two contentious trials, finding that the trial court did not abuse its discretion in booting the plaintiff's original attorney from the case, excluding a new expert witness report or allowing Outback to strike the only two Black prospective jurors.

  • August 11, 2026

    IP Notebook: 'Iceman' Logjam, Gemini Fight, Stealth Bot Bill

    A crowded trademark race over the "Iceman" nickname and a clash over Google's efforts to expand its Gemini AI brand top this edition of Law360's look at emerging copyright and trademark issues.

  • August 11, 2026

    9th Circ. Blocks Hawaii Gun Rule Following High Court Ruling

    The Ninth Circuit has stopped Hawaii from enforcing portions of a gun law that banned firearms on private property without the property owner's consent, after the U.S. Supreme Court held a gun rights group and three state residents were likely to succeed in their lawsuit challenging that component of the law.

  • August 11, 2026

    Full Fed. Circ. Declines To Revisit Design Patent Test

    The full Federal Circuit on Tuesday refused to review the test for proving design patent infringement, rejecting a massage device maker's argument that the court has strayed from U.S. Supreme Court precedent but drawing a dissent arguing the court has "messed up" the law.

  • August 11, 2026

    9th Circ. Would Lose 5 States In Latest Reorganization Bid

    Republicans are once again trying to break up the U.S. Court of Appeals for the Ninth Circuit, which has long been dominated by judges appointed by Democratic presidents.

  • August 11, 2026

    Fed. Circ. Revives Man's Vax Injury Case, Citing Mail Delay

    The Federal Circuit reversed a U.S. Court of Federal Claims decision that rejected a man's case seeking vaccine injury compensation, concluding that the court wrongly faulted him for the late arrival of his petition.

  • August 11, 2026

    Mich. County Urges Panel To Clarify FOIA Duties

    Wayne County, Michigan, asked a state appeals court Tuesday to determine whether separate offices within the same county must each respond to duplicate public records requests, arguing multiple responses could unnecessarily expose taxpayers to attorney fees and costs.

  • August 11, 2026

    Cumulus Can't Yet Enforce Tying Injunction Against Nielsen

    The Second Circuit may have upheld a preliminary injunction blocking Nielsen from making Cumulus Media buy its local offerings to gain access to its national radio ratings data, but a New York federal judge says that injunction can't be enforced until the circuit court decides whether it will rehear the case en banc.

Expert Analysis

  • Securities Class Cert., 5 Years After Goldman Ruling

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    The U.S. Supreme Court's 2021 decision in Goldman Sachs Group v. Arkansas Teacher Retirement System has not only armed defendants in securities cases with more arguments in individual class certification fights, but may also be providing greater certainty and finality in class certification battles, say attorneys at Skadden.

  • Opinion

    Md., Colo. Climate Rulings Point To Need For Federal Solution

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    As the U.S. Supreme Court prepares to review the Colorado Supreme Court's 2025 ruling in Boulder County v. Suncor U.S. Inc., which green-lit a state-level climate lawsuit, a recent conflicting ruling from the Maryland Supreme Court underscores why a uniform federal answer on climate litigation is needed now, says Phil Goldberg at Shook Hardy.

  • High Court's FCC Ruling Adds To Comms Industry Paradox

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    The Supreme Court's recent decision in Federal Communications Commission v. AT&T, finding that the FCC's informal forfeiture process survives Seventh Amendment scrutiny, opens some doors for regulated entities, but the practical effect may be surprisingly constrained, says Jonathan Marashlian at The CommLaw Group.

  • Series

    Founding An Autism Academy Made Me A Better Lawyer

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    Starting a nonprofit autism school with no building, no funding model and no guarantee that families would trust us taught me the importance of mission, patience and purpose — lessons that sharpened my practice and showed how meaningful work outside the office can make lawyers better, says Phillip Russell at Ogletree Deakins.

  • Why Private Sector Should Watch Gov't DEI Firing Class Bid

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    Former federal employees' class certification attempt in Fell v. Trump is worth following, as their challenge of the Office of Personnel Management's elimination of DEI positions raises questions about commonality in employee classes and protections for nonminority advocacy that reach beyond the public sector, says Shaun Southworth at Southworth PC.

  • When Do Murals Qualify For IP Protection?

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    Artist Robert Wyland recently sued FIFA for painting over his 1999 "Ocean Life" mural to make room for a World Cup promotion in Dallas, spotlighting questions over the extent to which copyright law and the Visual Artists Rights Act protect different types of art, say attorneys at Armstrong Teasdale.

  • How Justices' Habeas Ruling Limits Compassionate Release

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    The U.S. Supreme Court's recent holding in Fernandez v. U.S. that a federal prisoner who challenges their conviction's validity must do so through habeas, not compassionate release, considerably narrows the universe of arguments that can support a sentence reduction, says attorney Elizabeth Franklin-Best.

  • The Banking Issue Hiding In Justices' Freight Broker Ruling

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    While the U.S. Supreme Court’s recent liability preemption ruling in Montgomery v. Caribe Transport was front-page news for the transportation industry, the banking industry seems to have missed that the decision exposes freight broker lenders to credit, documentation and litigation issues, say attorneys at Barack Ferrazzano.

  • Insurance Ruling Extends NY Bad Faith To 3rd-Party Coverage

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    In Renergy v. Mt. Hawley Insurance, a New York federal court recently granted a policyholder leave to amend its complaint to clarify a bad faith claims handling cause of action, confirming, after nearly 20 years, that bad faith damages are available in the third-party liability context, say attorneys at Barnes & Thornburg.

  • Opinion

    Rule Of Law Requires Gov't Engagement With Bar, Not Retreat

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    A federal agency's absence from national and local bar conferences, most recently illustrated by the U.S. Department of Justice's withdrawal from a New York City Bar Association white collar conference, disserves the bar, the government lawyers themselves and, ultimately, the administration of justice, says Muhammad Faridi at Linklaters.

  • Fed. Circ. Clarifies Standard For Contesting CICA Overrides

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    The Federal Circuit's recent holding in Life Science Logistics strengthens the hand of protesters facing an override of the Competition in Contracting Act stay, and a Court of Federal Claims decision the same day demonstrates that how a protester frames its requested relief remains critically important, says Richard Arnholt at Bass Berry.

  • The Paradoxical Duty To Adopt AI When You Can't Bill For It

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    Both billing for hours saved using artificial intelligence and preserving billable time by not adopting AI may violate rules of professional conduct, but until bar associations' ethics rules catch up to this emerging economic dilemma, firms must decide how to adjust fee structures themselves, says Ines Lassalle at Peyrot & Associates.

  • 4 Emerging Limits Of Employer Mental Health Notice Defense

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    A California appeals court's recent decision in Husband v. Target, addressing when an employer knows about an employee's undisclosed disability, leaves open questions about how changes in mental health awareness and workforce monitoring tools may raise the bar for what employers can claim not to know, says Benjamin Heller at RFZ Law.

  • Raptors Ruling Shows Risks Of Calif. Enviro Suit Intervention

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    Intervention in California environmental litigation can allow businesses to help defend agency approvals, but after a state appeals court's recent ruling in Raptors Are the Solution v. CropLife America, it is clear that intervention also carries a price — and that courts will hold parties accountable for the full arc of their litigation conduct, says Thierry Montoya at FBT Gibbons.

  • A Decade Later, Escobar Is Still Shaping FCA Cases

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    The U.S. Supreme Court's decision 10 years ago in Universal Health Services v. U.S. ex rel. Escobar changed the way in which lower courts evaluate False Claims Act cases — and the ruling remains vital in nearly every FCA case filed today, say attorneys at Bradley Arant.

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