Appellate

  • August 02, 2026

    Mich. Justices Say Enbridge Line 5 Permits Need Reevaluation

    The Michigan Supreme Court threw out state regulators' approval of Enbridge Energy LP's proposed Line 5 tunnel beneath the Straits of Mackinac, ruling that the Michigan Public Service Commission failed to properly analyze the project's environmental impacts under the Michigan Environmental Protection Act and must reconsider the application. 

  • July 31, 2026

    Mich. Justices' Ruling Will Allow Eli Lilly Price-Fixing Probe

    A split Michigan Supreme Court Friday overturned two of its prior rulings that the majority determined had wrongly expanded an exemption in the Michigan Consumer Protection Act, opening the door for the state's attorney general to take action against misconduct in a range of industry sectors.

  • July 31, 2026

    9th Circ. Seeks Nev. High Court Input In Live Nation Class Suit

    The Ninth Circuit Friday sought the Nevada Supreme Court's input on a proposed class action against Live Nation, certifying a question about whether an arbitration agreement is void under Nevada law if "the drafter reserves the unilateral right to modify the entire agreement 'at any time' without notice."

  • July 31, 2026

    3rd Circ. Issues Warning Against Vague Sentencing Factors

    The Third Circuit on Friday upheld the conviction of a man accused of smuggling marijuana into the Virgin Islands, finding in a precedential opinion that a federal court in the territory did not incorrectly rely on his previous arrest record when determining his sentencing length.

  • July 31, 2026

    Calif. Supreme Court Reverses Strike Of 'Less Attentive' Juror

    The California Supreme Court held that a prosecutor's claim that a prospective juror was "less attentive" than others is not enough to support a peremptory strike, saying a 2022 California law aimed at prohibiting bias in juror removals requires more than a behavioral reason.

  • July 31, 2026

    Case Challenging Ban On 'Conversion Therapy' Reopened

    A Washington federal judge has partly revived a family therapist's constitutional challenge of the state's prohibition on a practice commonly known as conversion therapy in the wake of the U.S. Supreme Court's March decision finding that a similar Colorado ban amounted to viewpoint discrimination against a Christian counselor.

  • July 31, 2026

    3rd Circ. Backs Trust In Pa. Game Commission Title Dispute

    The Pennsylvania Game Commission constitutes a Pennsylvania citizen, the Third Circuit ruled Friday in a land title dispute between the commission and a trust, rejecting the commission's "Hail Mary" change in position that it's instead an "arm" of Pennsylvania, which would erase the court's diversity jurisdiction.

  • July 31, 2026

    Del. Supreme Court Ends J&J Bid To Preserve Asbestos Data

    The Delaware Supreme Court on Friday reversed a Chancery Court ruling that had allowed Johnson & Johnson, Dow Chemical and other major asbestos defendants to pursue a novel effort to stop bankruptcy trusts from deleting decades of asbestos claims records, holding that the companies failed to satisfy the requirements for an equitable bill of discovery.

  • July 31, 2026

    11th Circ. Backs Nurse's 20-Year Term In $111M Medicare Case

    The Eleventh Circuit on Friday agreed with a nurse practitioner that a trial court erred in giving prosecutors more time in closing arguments at her $111 million Medicare fraud trial, but upheld her conviction and 20-year sentence after finding the evidence against her was "overwhelming."

  • July 31, 2026

    Ariz. Justices Clarify Clergy Minor Abuse Reporting Laws

    Arizona's highest court has unanimously determined that under the state's child abuse statute, clergy members who learn about an abuse of a minor are not required to report it if the clergy learned about the abuse through confession, or if reporting it would violate their religion.

  • July 31, 2026

    Fla. Panel Affirms $103M Award Over Ford Mustang Explosion

    A Florida appellate court on Friday upheld a $103 million award against Ford Motor Co. in a lawsuit alleging responsibility for a Mustang explosion that severely injured its driver, saying the automaker couldn't sufficiently explain why the case should not have gone to a jury. 

  • July 31, 2026

    DC Circ. Backs Ex-Steward CEO's Contempt Charge

    The D.C. Circuit on Friday upheld a U.S. Senate committee's criminal and civil contempt finding against former Steward Health Care System LLC Chief Executive Ralph de la Torre after he refused to appear before lawmakers despite a subpoena, calling his appellate arguments "wholly meritless."

  • July 31, 2026

    11th Circ. Revives TVA Claims In Alabama Boat Collision Suit

    An Eleventh Circuit panel has reinstated claims from fishermen against the Tennessee Valley Authority alleging the TVA negligently failed to mark or remove a duck blind they collided with in their boat, finding that the agency is not immune under its governing statute.

  • July 31, 2026

    Fed. Circ. Says Leica's Filtered Light Skirts U. Mich. Patent

    In a dispute centered on how laser light is used in fluorescence technology, a unanimous Federal Circuit panel said on Friday that Leica Microsystems did not infringe on a University of Michigan patent, affirming the decision of a federal court in California.

  • July 31, 2026

    Mass. Seeks Exit From Undercover License Plate Policy Suit

    The U.S. Department of Homeland Security hasn't shown that immigration enforcement has slowed because Massachusetts won't give its agents undercover vehicle plates, the state said in a bid to dismiss a federal government lawsuit.

  • July 31, 2026

    Conn. Justices Revive Lawsuit Over Killer's Hospital Release

    The Connecticut Supreme Court for the first time Friday said mental health providers must try to protect identifiable victims from dangerous patients, ordering a Hartford HealthCare subsidiary to face ordinary negligence claims from the estate of a woman slain by her former boyfriend, a dentist who then killed himself.

  • July 31, 2026

    DC Circ. Backs FERC's Revised Grid Hookup Policy

    The D.C. Circuit on Friday endorsed the Federal Energy Regulatory Commission's revised policy for hooking up new power projects to the grid, saying the agency clearly acted within its authority to address growing interconnection backlogs.

  • July 31, 2026

    End In Sight For Ovarian Cancer Patients With $5.5B+ J&J Deal

    The $5.5 billion global deal over talc ovarian cancer allows women to move past recent court setbacks requiring them to provide experts who can show a causal link between their disease and use of talc, and for defendant J&J to close a decade of litigation that included judicially criticized gambits to spin off liability through bankruptcy maneuvers.

  • July 31, 2026

    Defamation Litigation Roundup: Trump, Kash Patel, MSG

    In this month's review of defamation fights, Law360 highlights developments in a handful of suits involving President Donald Trump, as well as the dismissal of a case by Federal Bureau of Investigation Director Kash Patel over a man's social media posts accusing him of being a "Kremlin asset."

  • July 31, 2026

    Michigan Justices Nix Teen's 'Cruel' 50-Year Murder Sentence

    Michigan's highest court has ruled that a 50- to 75-year sentence for a teenager convicted of second-degree murder was unconstitutionally cruel or unusual, calling the prison term "grossly disproportionate" in its latest ruling limiting severe sentences for young offenders.

  • July 31, 2026

    DC Circ. Rules Ute Tribe Can't Reclaim 1.5M Utah Acres

    A D.C. Circuit panel on Friday rejected a Utah tribe's bid to undo a lower court's ruling that said it has no compensable title to 1.5 million acres in Utah, saying the lack of that title means the oil field lands are not eligible for restoration under the Indian Reorganization Act.

  • July 31, 2026

    Trump Appeals Judge's Block Of IRS Settlement To 11th Circ.

    President Donald Trump will ask the Eleventh Circuit to overturn a Florida federal judge's order blocking a settlement deal that would have given him and others broad protection from federal tax audits and investigations, according to a notice filed Friday.

  • July 31, 2026

    Mich. High Court Tosses Murder Conviction Over DNA Test

    A man convicted of first-degree murder will receive a new trial after the Michigan Supreme Court ruled on Thursday that police violated the state constitution by testing blood on his pants without a warrant or his consent. 

  • July 31, 2026

    J&J's $25M Talc Appeal Can Advance, Conn. Panel Rules

    A Connecticut appeals court has advanced Johnson & Johnson's challenge to a $25 million talc trial judgment, denying a Massachusetts real estate developer's attempt to dismiss the appeal based on what he argued was a late-filed brief.

  • July 31, 2026

    Teck Asks Justices To Ax Wash. Tribal Cultural Loss Claims

    A Canadian mining company is asking the Supreme Court to reverse a Ninth Circuit ruling that revived Washington tribes' natural resource damages claims for alleged pollution of the Columbia River, arguing the appellate court upended an environmental cleanup statute's tradeoff between broad liability and limited remedies.

Expert Analysis

  • Checking For AI Errors Is Now A Two-Way Street

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    A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

  • Opinion

    Federal Circuit Should Implement Mini En Banc Process

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    To fulfill its mission of uniformity in patent law while avoiding the challenges of en banc hearings, the Federal Circuit should institute mini en bancs — allowing regular three-judge panels to exercise en banc powers unless a majority of the court says otherwise, says Joshua Sohn at the U.S. Department of Justice.

  • What's Next After Justices' Last-Mile Driver Arbitration Ruling

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    The U.S. Supreme Court's recent decision in Flowers Foods v. Brock, refusing to narrow the scope of a Federal Arbitration Act exemption for workers engaged in interstate commerce, gives previously unprotected workers access to litigation, but preserves two potentially powerful arguments for future proceedings, say attorneys at Husch Blackwell.

  • Series

    The Biz Court Digest: Shoring Up Corporate Law In Maryland

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    Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

  • How End Of SEC 'Gag Rule' Affects Free Speech Certiorari Bid

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    The Securities and Exchange Commission's recent rescission of the so-called gag rule, which forbade defendants in settlements from denying the SEC’s allegations, may sway the outcome of a petition to the Supreme Court in a case challenging the rule on First Amendment grounds, say attorneys at Troutman.

  • 2nd Circ.'s Embedded Video Ruling May Protect Publishers

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    The Second Circuit's recent decision in Richardson v. Townsquare, dismissing an infringement claim arising from an embedding of a YouTube-hosted interview, reaffirms a potent defense for publishers who regularly use social media platforms' embed functionality, says Amanda Harris at Jassy Vick.

  • Federal Officer Removal After Justices' La. Pollution Ruling

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    In the wake of the U.S. Supreme Court's recent ruling in Chevron USA v. Plaquemines Parish, companies seeking to use federal officer removal to move litigation out of state court should ask three questions, focusing on government contract language, federally directed activity and related conduct, say attorneys at Hollingsworth.

  • Series

    Competing At Poker Makes Me A Better Lawyer

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    Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

  • Revisiting TransUnion's Underused Standing Rule, 5 Years On

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    The Ninth Circuit Court of Appeals' recent use of the U.S. Supreme Court’s now five-year-old TransUnion v. Ramirez rule specifying that the "mere risk of future harm" isn't concrete enough to support a damages claim presents an opportunity to revisit this underutilized standing rule, say attorneys at Horvitz & Levy.

  • 5 Things Associates Must Ask About Their Firm's Merger Plan

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    The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

  • Uncertainty Looms After Justices' Withdrawal Liability Ruling

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    The U.S. Supreme Court's recent holding in M&K Employee Solutions v. Trustees of the IAM National Pension Fund increases the unpredictability of withdrawal liability assessments, so employers should prepare for a range of assessments and be equipped to challenge unreasonable ones, say attorneys at Winston Taylor.

  • CFTC Trading Rule Can't Police Prediction Markets Yet

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    The Commodity Futures Trading Commission’s recent efforts to police insider trading in prediction markets through a post-Dodd-Frank anti-fraud rule exposes doctrinal gaps around misappropriation theory, leaving platforms to fill the void with win-rate-based surveillance, says attorney Tamara de Silva.

  • Columbia Software IP Ruling Tests Royalty Damages Model

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    The Federal Circuit's recent decision in Columbia University v. Gen Digital, vacating a damages verdict involving foreign software sales, provides guidance on ambiguities surrounding the worldwide royalty damages model established by the court's decision in Brumfield v. IBG two years ago, say attorneys at Munger Tolles.

  • Turning To The Courts When PBM Reform Falls Short

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    The effectiveness of state laws intended to regulate pharmacy benefit managers remains uncertain, but litigation — utilizing tried-and-true theories like breach of contract and fair dealing — offers another mechanism through which stakeholders may seek relief from PBMs, say attorneys at Reed Smith.

  • Opinion

    Immigration Appeals Rule Would Prevent Meaningful Review

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    Justice Stephen Breyer’s book “Making Our Democracy Work” offers a useful lens through which to consider what is at stake for the Executive Office for Immigration Review's legitimacy as the government asks the D.C. Circuit to revive an interim final rule that would have fast-tracked decisions by Board of Immigration Appeals, says Tara Kennedy at Kennedy Law.

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