Appellate

  • November 02, 2026

    DOJ Loses Bid To Revive Voter Roll Checks Ahead Of Election

    A Washington, D.C., federal judge Monday refused to pause her order striking down the U.S. Department of Justice's new policy of collecting states' unredacted voter information to cross-check voter rolls against immigration databases while it appeals her decision.

  • November 02, 2026

    5th Circ. Weighs Law Student's Kirk Comment Discipline

    A Fifth Circuit panel wanted to know what harm a former Texas Tech law student is currently experiencing as she seeks to overturn a disciplinary action related to statements she made allegedly celebrating Charlie Kirk's death, saying Monday the alleged harm seemed "speculative."

  • November 02, 2026

    9th Circ. Sends Pot Labor Law Dispute Back To Lower Court

    The Ninth Circuit revived a cannabis retailer's lawsuit challenging California's requirement that marijuana businesses have labor peace agreements with unions, ruling on Monday that the trial court abused its discretion and must reconsider the arguments, including the possibility that both sides have "unclean" hands.

  • November 02, 2026

    9th Circ. Won't Extend Block On Venezuela TPS Ruling

    The Ninth Circuit denied the Trump administration's request to block a district court order that stymied its cancellation of a temporary protected status extension for Venezuela and is set to snap back into effect after a U.S. Supreme Court stay of the order expires this week.

  • November 02, 2026

    Fuel Groups Say Courts Must Stay Out Of Calif. Waiver Fight

    Groups representing the natural gas and oil industry urged the D.C. Circuit to reverse preliminary injunction rulings over the U.S. Environmental Protection Agency's procedural move sending certain Clean Air Act waivers for California to Congress, arguing that judicial review is barred.

  • November 02, 2026

    Mich. Justices To Hear Challenge To Juror Strike Rule

    The Michigan Supreme Court has agreed to review a challenge to a state criminal court rule used to strike jurors previously charged with crimes, a policy which a defendant accused of murder has argued functions as a loophole letting prosecutors exclude from the jury Black people, who are disproportionately arrested.

  • November 02, 2026

    ATM Operators To Ask DC Circ To Revive Visa, Mastercard Suit

    ATM operators gave notice that they'll ask the D.C. Circuit to revive their long-running certified class action accusing Visa and Mastercard of an anticompetitive agreement forcing them into higher network fees.

  • November 02, 2026

    Russian Billionaire Takes Yacht Forfeiture Suit To High Court

    Russian billionaire Eduard Yurievich Khudainatov urged the U.S. Supreme Court to review the federal government's seizure and sale of a $300 million superyacht, arguing that he should have been able to contest the forfeiture as the yacht's titleholder.

  • November 02, 2026

    NY Judge Admonished For Using Title To Fight Garbage Fines

    The New York State Commission on Judicial Conduct has disciplined a Brooklyn judge for "repeatedly invoking her judicial position" while contesting New York City sanitation citations for litter in front of her home.

  • November 02, 2026

    Justices Probe Late Defense In Ex-Aide's Pregnancy Bias Suit

    The U.S. Supreme Court on Monday closely scrutinized the procedures governing late-raised legal defenses amid a former political aide's fight to reinstate her pregnancy discrimination lawsuit, with some justices hinting that the case should be sent back down for review under a different federal rule set.

  • November 02, 2026

    Ill. Panel Says Accused Sex Abuser Can't Be Held Pretrial

    An Illinois state appeals court has ruled that a former state police forensic scientist accused of sexual abuse of a minor cannot be held in jail awaiting his trial because prosecutors could not prove he poses an ongoing safety risk.

  • November 02, 2026

    Split Full 9th Circ. Backs Block On ICE Voter Fraud Probe

    A Ninth Circuit majority kept in place Friday a panel's recent ruling refusing to pause an injunction blocking U.S. Immigration and Customs Enforcement agents from carrying out a "surge initiative" to question individuals in nine states about their voter status, while seven judges criticized the panel's opinion in dissent.

  • November 02, 2026

    Carroll Asks High Court To Skip Trump Defamation Appeal

    Writer E. Jean Carroll has asked the U.S. Supreme Court not to hear President Donald Trump's appeal of an $83.3 million jury verdict finding that he defamed her after she accused him of sexual assault, saying Trump waived his presidential immunity argument.

  • November 02, 2026

    Splenda Maker Says Cancer Claims Weren't Protected Speech

    Splenda maker TC Heartland LLC urged the Fourth Circuit to revive its defamation suit against a scientist over her public warnings about the sweetener, arguing that the First Amendment does not shield statements that misrepresent research or rely on concealed test results.

  • November 02, 2026

    Groups Urge Justices To Take Up Capital Group ERISA Fight

    Several employee benefits trade groups urged the U.S. Supreme Court Monday to review a Ninth Circuit ruling that refused to force arbitration of a retirement plan dispute against an investment management company, arguing the case could resolve a circuit split on the scope of relief under federal benefits law.

  • November 02, 2026

    IP To PI: Mass. Trade Secrets Attys Rethink Injunction Strategy

    A recent decision by Massachusetts' top appellate court that makes it tougher to secure preliminary injunctions in trade secrets cases will likely force Bay State attorneys to turn to strategies from other areas of intellectual property law to clear the heightened bar.

  • November 02, 2026

    DC Circ. Questions Lack Of Carbon Plan For Gas Terminal

    Judges on the D.C. Circuit on Monday pressed attorneys for the Federal Energy Regulatory Commission and the company behind a natural gas export terminal and pipeline in South Texas on why they walked away from a connected proposal for carbon sequestration near the project without explanation.

  • November 02, 2026

    Ga. Atty Wins Bid To Revive Fee-Split Suit Against Firm

    The Georgia Court of Appeals has revived an attorney's suit over compensation, finding that factual disputes should have prevented the trial court from granting summary judgment to Casino Law Group LLC.

  • November 02, 2026

    5th Circ. Skeptical Chinese Citizens Have Right To Texas Land

    A Fifth Circuit panel wants to know if Chinese citizens who wish to purchase property in Texas are arguing that everyone in the world has a constitutional right to do so, asking Monday if people globally "have the right to be treated as U.S. citizens for purposes of purchasing property in Texas."

  • November 02, 2026

    Mass. Justices Open To Sealing Insanity-Based Acquittals

    Massachusetts' highest court on Monday appeared skeptical of some of the reasons for excluding verdicts of not guilty by reason of insanity from a law that seals criminal records of the acquitted.

  • November 02, 2026

    'Our Bad': Feds' First Step Act Argument Surprises Justices

    Some U.S. Supreme Court justices considering a First Step Act case Monday appeared caught off guard by a government lawyer's argument that the defendant's impending release from prison renders the appeal moot.

  • November 02, 2026

    Fed. Circ. Probes Mattress Data In Indonesia Duty Dispute

    The U.S. Department of Commerce should be required to explain why it inconsistently approached data that contains impossibilities from an Indonesian exporter of mattresses during an antidumping duty investigation, counsel for domestic mattress importers and manufacturers told the Federal Circuit on Monday during oral arguments.

  • November 02, 2026

    High Court Rejects Trump's Bid To Set Aside 20K Calif. Ballots

    The U.S. Supreme Court on Monday quickly denied the Trump administration's request to set aside 20,000 California mail-in ballots that the federal government claims were sent to noncitizens.

  • November 02, 2026

    10th Circ. Backs Fee Award In Trade Secret Fight

    The Tenth Circuit has affirmed a Colorado federal court's finding that it lacked jurisdiction over an Illinois couple and their company, which were accused of conspiring to steal trade secrets and give them to a Chinese manufacturer of knockoff products, agreeing they should be granted $183,000 in attorney fees.

  • November 02, 2026

    Quinn Emanuel Lands Former NY State Appellate Judge

    Quinn Emanuel Urquhart & Sullivan LLP announced Monday that it has added a former associate justice of the New York State Supreme Court's Appellate Division to strengthen its ability to handle commercial litigation and appellate matters.

Expert Analysis

  • 3rd Circ. Hotel Ruling Flags Key Issues In Dynamic Pricing

    Author Photo

    The Third Circuit's recent decision in Cornish-Adebiyi v. Caesars Entertainment relies on allegations that competitors used nonpublic data to set real-time rates considered exorbitant, highlighting both the potential risks and substantial benefits of utilizing emerging technologies, say attorneys at Baker McKenzie.

  • 4th Circ. Class Cert. Ruling Offers Tips For Damages Experts

    Author Photo

    The Fourth Circuit's recent decision reversing class certification in litigation against Boeing raises the cost of a bare-bones damages model proposal for plaintiffs, but it also clarifies what a defensible proposal should contain, say Alok Khare and Erica Rose at FTI Consulting.

  • Opinion

    'Plain Meaning' Requires Plainer Meaning In IP Litigation

    Author Photo

    The Federal Circuit's recent decision in Socket Solutions v. Import Global highlights the frequent ambiguity surrounding courts' references to "plain meaning" in patent claim construction — an ambiguity that should be resolved by courts, not litigants, say attorneys at Klarquist Sparkman.

  • What To Know As Legal Duty To Consider AI Takes Shape

    Author Photo

    While the U.K. Jurisdiction Taskforce’s recent statement on liability for artificial intelligence harms is nonbinding for both U.K. and U.S. lawyers, it highlights the importance of being able to distinguish between the availability of a tool and a professional obligation to use it, say Jonny Frank and Michael Costa at StoneTurn.

  • 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.

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.