Appellate

  • June 03, 2026

    Ga. Justices Won't Review Tardiness Contempt Against Atty

    The Georgia Supreme Court has refused to consider an attorney's petition to challenge her criminal contempt conviction for being hours late for jury selection in a felony case, despite the short notice she was given of the proceedings.

  • June 03, 2026

    4th Circ. Scraps Order Blocking Chemours PFAS Dumping

    The Fourth Circuit on Wednesday wiped out an injunction blocking the Chemours Co. FC LLC from discharging forever chemicals into the Ohio River, finding the environmental group spearheading a Clean Water Act suit against the company failed to show irreparable harm.

  • June 03, 2026

    Delay Sends Ga. Teen Murder Case To Youth Court

    A 14-year-old boy who was arrested in connection with the shooting death of a teenage girl must have his case heard in juvenile court, the Georgia Court of Appeals has ruled, finding the state missed the deadline to indict him as an adult.

  • June 03, 2026

    3rd Circ. Nixes DOL's $35.8M Nursing Home Wage Win

    Federal wage law doesn't allow workers to recover pay for nonovertime hours during weeks when they logged more than 40 hours, the Third Circuit held Wednesday as a matter of first impression, partially undoing a $35.8 million win for the U.S. Department of Labor against bankrupt nursing homes.

  • June 03, 2026

    BIA Panel Says Special Status Doesn't Permit Release On Bond

    A Salvadoran national previously designated as an unaccompanied alien child upon arriving in the U.S. without authorization and who later obtained special immigrant juvenile status is still subject to mandatory detention during removal proceedings, the Board of Immigration Appeals has ruled.

  • June 03, 2026

    Ex-NRA Chief LaPierre Loses Appeal Of $4.4M Fine, Ban

    A New York state appellate panel upheld a Manhattan jury verdict against former National Rifle Association chief Wayne LaPierre for alleged misconduct, including $4.4 million in monetary damages and a ban on him serving in leadership at the gun group for a decade.

  • June 02, 2026

    Justices Allow Ala. To Use 'Discriminatory' Map In Midterms

    The U.S. Supreme Court on Tuesday paused a lower court order requiring Alabama to hold this year's elections under a court-drawn map that gives Black voters a chance to elect two preferred congressional candidates, allowing the state to readopt a map that gives Black voters only one such opportunity. 

  • June 02, 2026

    'Tax 1st, Plan 2nd' School Funding Fee Unlawful, Panel Told

    Counsel for two certified classes of residents and homeowners told a North Carolina state appeals court Tuesday that they should be handed a new jury trial, as a county neglected state statute when it extracted millions of dollars in impact fees from local families without a clear plan on how to spend those funds.

  • June 02, 2026

    9th Circ. Revives Duty To Defend Claims In Wash. Crash Suit

    A Ninth Circuit panel Tuesday partially revived a Washington couple's claims accusing Integon Preferred Insurance Co. of flouting its duty to defend them from a lawsuit over a 2017 pedestrian collision, reversing a lower court's ruling that the policyholders failed to promptly notify the insurer of the suit.

  • June 02, 2026

    8th Circ. Backs Rap Lyrics As Evidence In Drug Convictions

    Lyrics and a music video were properly admitted as evidence against two rappers accused of being a part of a Kansas City, Missouri, drug trafficking ring, the Eighth Circuit has ruled, saying the relevance of the lyrics was "obvious" when affirming their convictions and prison sentences.

  • June 02, 2026

    Feds Ask 9th Circ. To Ax 'Outdated' Flores Migrant Kids Pact

    The Trump administration urged the Ninth Circuit on Tuesday to end the 30-year-old Flores settlement governing the custody of detained immigrant children, arguing there have been "enormous" changes to migration patterns and the law, and federal courts should not be micromanaging the government's immigration practices by enforcing an "outdated policy preference."

  • June 02, 2026

    11th Circ. Reverses 2 Live Crew's Copyright Clawback Win

    The Eleventh Circuit ruled Tuesday that hip hop group 2 Live Crew could not reclaim copyrights to five albums despite most of them agreeing to terminate copyright grants to third parties, saying in a published opinion that one member's termination interests were "swept" in, and remained in, his bankruptcy estate.

  • June 02, 2026

    FCC Overstepping Authority In Device Denials, Hikvision Says

    Congress didn't give the Federal Communications Commission the power to pull already authorized equipment off the market by placing it on the so-called covered list of equipment deemed to be a national security risk, Hikvision has told the D.C. Circuit.

  • June 02, 2026

    Colo. Panel Weighs EFAA's Limits In Club Retaliation Case

    A Colorado Court of Appeals panel at oral arguments Tuesday grappled with dueling interpretations of the limits of the phrase "related to" in the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, weighing in on a Denver strip club's appeal attempting to arbitrate a former bartender's retaliation claims.

  • June 02, 2026

    3rd Circ. Asks NJ To Define 'Unreasonable' Gunmaker Conduct

    The Third Circuit on Tuesday appeared skeptical of the state of New Jersey's position that The National Shooting Sports Foundation still lacked standing as it tries to renew its challenge of a Garden State law allowing it to sue gunmakers for endangering public safety, questioning what exactly is impermissible under broad statutory language like "unreasonable" conduct.

  • June 02, 2026

    Calif. Justices Nix Death Verdict Over Atty's Guilt Concession

    The California Supreme Court has reversed the convictions of a man sentenced to death, saying his defense attorney violated his rights at trial by conceding his guilt, over his objection, in a series of deadly shootings and other crimes.

  • June 02, 2026

    Panel Unsure Lowenstein Missed Deadline In Pot Biz Fee Row

    A New Jersey appellate panel on Tuesday questioned if Lowenstein Sandler LLP ever filed the amended complaint that would trigger the allegedly missed deadline that Trif & Modugno LLC says is fatal to Lowenstein Sandler's bid for $750,000 in unpaid fees from a failed cannabis venture.

  • June 02, 2026

    Wash. Panel OKs Challenges To Seattle's Comprehensive Plan

    A Washington state appeals panel Monday revived a pair of challenges to an environmental impact statement published as part of Seattle's comprehensive plan for the city's next two decades of growth, ruling that the challenges aren't barred by recent state laws encouraging the construction of more housing.

  • June 02, 2026

    Green Groups Challenge EPA Chemical Leak Rules

    Environmental and public health groups are challenging softened monitoring and reporting requirements for chemical manufacturing facilities.

  • June 02, 2026

    Colo. Panel Mulls Association's Fees Bid, Lease Interpretation

    The Colorado Court of Appeals on Tuesday focused on how it should interpret portions of a long-term fishing lease between a property owners association and a Colorado ranch in the association's appeal seeking attorney fees against the ranch.

  • June 02, 2026

    Ariz. Justices Nix Murder Conviction Over Bad Verdict Form

    A divided Arizona Supreme Court has ordered a new murder trial for a man convicted of second degree murder after it found that a jury was given incorrect jury instructions on a different charge and an incorrect verdict form.

  • June 02, 2026

    Why License? 5th Circ. Weighs 'Server Test' In News App Fight

    A Fifth Circuit judge on Tuesday asked counsel for a news aggregation app why publishers would ever license their articles if the app can lawfully show readers the same content without paying as long as it's hosted on the publishers' own servers.

  • June 02, 2026

    Fed. Circ. Won't Save Farm Patents, But Reopens Fee Issue

    The Federal Circuit on Tuesday revived a company's bid for attorney fees after defeating an infringement case by AGI Suretrack over agricultural data patents, saying a lower court correctly deemed those patents invalid, but failed to explain why it didn't find the case exceptional for fee purposes.

  • June 02, 2026

    11th Circ. Affirms Ga. Concrete Bid-Rigging Conviction

    The Eleventh Circuit on Tuesday affirmed a manager's conviction for conspiring to rig bids and fix prices for tens of millions of dollars in ready-mix concrete contracts in Georgia, after finding enough evidence of his participation in the scheme.

  • June 02, 2026

    Michigan Tells Panel Absentee Ballot Restriction Too Stiff

    Counsel for the Michigan secretary of state urged a state appeals panel Tuesday to overturn the Republican National Committee's win of an injunction requiring absentee ballots with missing or mismatched identification tabs to be disqualified, arguing that tossing those ballots would disenfranchise voters.

Expert Analysis

  • How Justices' GEO Ruling Resets Gov't Contractor Litigation

    Author Photo

    The U.S. Supreme Court’s recent GEO Group v. Menocal decision, holding that government contractors cannot immediately exit cases via interlocutory appeals, may increase litigation costs, strengthen plaintiffs' leverage in settlement negotiations and dampen the government's ability to attract bids on high-risk or sensitive projects, say attorneys at Wiley.

  • Appellate Strategy Lessons From Pa. Excess Coverage Ruling

    Author Photo

    In FedEx v. National Union Fire Insurance, a Pennsylvania state court recently set forth a clear holding that policyholders may recover postjudgment interest under excess liability insurance policies only when the policy language expressly allows, offering important takeaways for planning appeals, say attorneys at Hunton.

  • Defense Counsel Options Widen As No-Bill Rate Increases

    Author Photo

    Citizens impaneled on grand juries in politically motivated cases who are reasserting their role as a critical check on state power could provide criminal defense attorneys an opportunity to pursue seldom-used preindictment strategies, say attorneys at Ballard Spahr.

  • How Cos. Can Prepare For 'Made In America' Ad Scrutiny

    Author Photo

    The Trump administration's executive order to combat fraudulent "Made in America" claims in consumer-facing advertising, along with actions by the Federal Trade Commission, suggest a potential increased focus on consumer protection and pricing-related matters, say attorneys at Skadden.

  • Similar-Looking Designs May Not Always Prove Infringement

    Author Photo

    The Federal Circuit's recent decision in Range of Motion Products v. Armaid is a reminder that even a strikingly similar design might not be found to infringe upon a patented design once design features driven by functionality are filtered out from consideration, say attorneys at BCLP.

  • Series

    Mich. Banking Brief: All The Notable Legal Updates In Q1

    Author Photo

    Michigan's financial services sector saw several significant developments in 2026's first quarter, including the state Department of Insurance and Financial Services' issuance of a bulletin on the use of artificial intelligence and the Michigan House's introduction of a bill based on the Model Money Transmission Modernization Act, say attorneys at Dykema.

  • Pension Case Offers Entertainment Work Exception Insights

    Author Photo

    A recent Ninth Circuit decision clarified that any amount of entertainment work can satisfy the entertainment industry exception under the Multiemployer Pension Plan Amendments Act, reinforcing that statutory language, rather than evolving business models, dictates withdrawal liability outcomes, say attorneys at Seyfarth.

  • Justices' Ruling Stresses Quick Action Against Absconders

    Author Photo

    Following the U.S. Supreme Court's recent holding in Rico v. U.S. that a supervised release term is not automatically extended when a defendant absconds, probation officers and prosecutors risk being unable to address later violations if they don't act promptly to secure warrants, say attorneys at Winston & Strawn.

  • Justices May Hesitate To Limit Courts' Arbitration Review

    Author Photo

    Based on Monday's argument in Jules v. Andre Balazs, the U.S. Supreme Court seems poised to preserve federal jurisdiction over arbitral award enforcement stemming from actions originated in federal court, a holding that would markedly limit the court's 2022 Walters v. Badgerow decision, says Ashwini Jayaratnam at DarrowEverett.

  • Series

    Ultramarathons Make Me A Better Lawyer

    Author Photo

    Completing a 100-mile ultramarathon was tougher, more humbling and more rewarding than I ever imagined, and the experience highlighted how long-distance running has sharpened my ability to adapt to the evolving nature of antitrust law and strengthened my resolve to handle demanding, unforeseen challenges, says Dan Oakes at Axinn.

  • State FARA Laws Pose Unique Constitutional Challenges

    Author Photo

    Several states have recently enacted foreign agent registration and disclosure regimes that were modeled after the Foreign Agents Registration Act, but these state laws raise several constitutional questions, including concerns about preemption, speech and petition, and vagueness, says Alexandra Langton at Covington.

  • Series

    Pa. Banking Brief: All The Notable Legal Updates In Q1

    Author Photo

    The first quarter of 2026 brought several consequential developments for Pennsylvania financial institutions, including the state banking department's first assessment overhaul in 10 years, a bill prohibiting interchange fees on card transaction sales taxes and a federal appeals court's upholding of a $52 million enforcement action, say attorneys at Gross McGinley.

  • Determining When Engineered Biologics May Be Patentable

    Author Photo

    The Federal Circuit's recent decision in Regenxbio v. Sarepta, concluding that engineered cells with DNA from different organisms are not patent-ineligible natural phenomena, raises questions surrounding what framework courts will use to evaluate the patent eligibility of engineered biologics moving forward, says Robert Frederickson at Goodwin.

  • In First For DOJ, Action Signals New CFIUS Enforcement Era

    Author Photo

    The U.S. Department of Justice is seeking judicial enforcement of a divestment order, an unprecedented action for the agency that ushers in a new phase for the Committee on Foreign Investment in the United States, one in which judicial proceedings complement administrative oversight and presidential divestment orders may be enforced through litigation, says attorney Sohan Dasgupta.

  • 6th Circ. Can Extend Insurance Valuation Clarity Beyond Auto

    Author Photo

    In rehearing Clippinger v. State Farm, the Sixth Circuit can align itself with the recent drumbeat of other circuits rejecting class certification of auto total loss claims and set standards that apply to similar claims brought under homeowners and other types of insurance policies, say attorneys at Jackson Walker.

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.