Appellate

  • October 30, 2026

    Google Search Judge 'Increasingly Concerned' By Fix Delays

    Nearly a year after issuing his final mandates ordering Google to prop up search engine rivals with data and syndicated search results, a D.C. federal judge expressed concern during a hearing Friday that the process of readying the monopolization fixes won by the U.S. Department of Justice continues to drag on.

  • October 30, 2026

    4th Circ. Probes Class Cert. In Utility Group 401(k) Fee Suit

    The Fourth Circuit on Friday wrestled with an electric utility trade group's bid to undo class certification of a suit alleging excessive fees were charged to a 401(k) plan comprising workers from hundreds of employers, weighing the impact of recent precedent that revoked certification in another retirement plan suit.

  • October 30, 2026

    3rd Circ. Judge Notes 'Privilege' Of Voting In Pa. Ballot Fight

    A Third Circuit judge said Thursday that he believed there was "no indefeasible individual right to vote," splitting from his colleagues in an appeal over fee awards in an election case to opine on collective rights, who can enforce them and who benefits from litigation over election rules.

  • October 30, 2026

    Fed. Circ. Upholds BeSang Patent, Keeps Micron Ruling Intact

    The Federal Circuit on Friday affirmed the Patent Trial and Appeal Board's rejection of Micron Technology's and Intel Corp.'s challenges to a BeSang Inc. computer memory patent, but also upheld a ruling that led BeSang to concede Micron doesn't infringe.

  • October 30, 2026

    Alleged Stalker's Car Search Lawful, Texas High Court Rules

    The highest criminal court in Texas has ruled that a man cannot suppress evidence that he had an illegal firearm in his car because a vehicle inventory taken by police did not violate his Fourth Amendment rights, even if the search did not follow department policy.

  • October 30, 2026

    $9.1M Fee Award Against ChromaDex Erased By Fed. Circ.

    The Federal Circuit Friday overturned a $9.1 million attorney fee award issued to Elysium Health Inc. stemming from a patent infringement case brought by ChromaDex and Dartmouth College, ruling that a district judge had not gone far enough in his patent eligibility analysis.

  • October 30, 2026

    Humanitarian Nonprofit Won't Face Sex Harassment Claims

    A California appeals court refused to revive claims that a former employee of actor Sean Penn's nongovernmental organization was sexually harassed on the job by a firefighter, concluding an arbitrator did not overstep when he found the worker had filed her case too late.

  • October 30, 2026

    Tesla Drivers Urge Full 9th Circ. To Save False Ad Class

    Drivers have asked the full Ninth Circuit to clarify the standard for certifying class actions accusing companies of deceptive advertising, saying they should be allowed to forge ahead with classwide claims alleging Tesla misled customers about the autonomous or self-driving capabilities of its vehicles.

  • October 30, 2026

    Theme Park Can't Short-Circuit Patron's Trip-And-Fall Case

    A split appellate panel refused to shut down a premises liability suit against a Georgia amusement park on Friday, unswayed by the company's claim that the walkway where the plaintiff tripped and fell amounted to an obvious hazard.

  • October 30, 2026

    Leonard Cohen Trustee Doesn't Need Court's OK To Sue Firm

    A California appellate court has affirmed its decision to reject an argument by the law firm Leonard Cohen hired for estate planning that it cannot be sued over its representation of the singer-songwriter's personal manager without a judge's permission.

  • October 30, 2026

    Groups Urge High Court To Maintain Halt Of Big Bend Wall

    A group of environmental advocates urged the U.S. Supreme Court to keep in place an order that blocked construction of barriers along the Big Bend border, arguing immigration officials exceeded their authority when they circumvented certain environmental laws.

  • October 30, 2026

    1st Circ. Affirms Toss Of Challenge To DHS Records Rule

    Counsel for asylum-seekers and immigrants facing removal lack standing to challenge a U.S. Department of Homeland Security policy requiring them to obtain their clients' immigration and visa records via the Freedom of Information Act rather than discovery, the First Circuit has found.

  • October 30, 2026

    Judge Opens Ethics Inquiry Into DOJ's Golf Course Candor

    A D.C. federal judge opened an inquiry Friday into whether Trump administration attorneys and officials violated their ethical obligations to the court when they repeatedly told her that there were no plans to close East Potomac Golf Course for an overhaul at President Donald Trump's behest.

  • October 30, 2026

    Tire-Makers Urge 6th Circ. Not To Revive Price-Fixing Suit

    Tire manufacturers including Bridgestone, Goodyear and Michelin have told the Sixth Circuit that a lower court was right to toss a price-fixing case against them after finding the COVID-19 pandemic was the likely cause of price increases, not a conspiracy.

  • October 30, 2026

    DOJ Backs Ex-Wisconsin Judge's ICE Obstruction Conviction

    The U.S. Department of Justice told the Seventh Circuit that the high-profile conviction of a former Wisconsin state court judge for interfering with an ICE arrest was not compromised by her position on the bench or by jury instructions.

  • October 30, 2026

    Defamation Litigation Roundup: Benny Johnson, Mariah Carey

    In this month's review of defamation fights, Law360 highlights separate lawsuits against two conservative political figures accused of sharing false and disparaging online content, one brought by a left-wing streamer and another by protesters of Immigration and Customs Enforcement activities in Illinois.

  • October 29, 2026

    9th Circ. Revives Tequila-Maker's TM Fight With Sutter Home

    The Ninth Circuit on Thursday reversed a ruling that blocked Roar Spirits LLC from registering two El Bandido Yankee tequila trademarks, holding that a reasonable factfinder could conclude that differences between El Bandido Yankee and Sutter Home Winery's Bandit boxed wine trademark make it unlikely consumers would confuse the brands.

  • October 29, 2026

    Texas Court Backs Mom's Consent To Search Son's Room

    The highest criminal court in Texas ruled Thursday that law enforcement were justified in believing they could search a man's bedroom without violating his Fourth Amendment rights because he lived at home with his mother, and she granted police access to search her entire home. 

  • October 29, 2026

    Utah Officials Say 10th Circ. Rightly Revived Psilocybin Case

    County and local officials in Provo City, Utah, urged the Tenth Circuit not to give a religious group a second chance at arguing that it shouldn't be prosecuted for using psilocybin in its practices, slamming the church's arguments as "overblown."

  • October 29, 2026

    WTA Appeals Ruling Keeping Tennis Antitrust Suit Alive

    The corporate and commercial entity that operates the Women's Tennis Association said Wednesday it will file an interlocutory appeal challenging a New York federal judge's ruling last month denying its bid to force antitrust claims brought by tennis players into arbitration.

  • October 29, 2026

    Colo. Justices Won't Review Hospital's Injunction Compliance

    The Colorado Supreme Court declined Thursday to take up transgender youth patients' challenge to a Denver judge's ruling that discharged their contempt citation against Children's Hospital Colorado for not resuming providing medical gender-affirming care to transgender adolescents.

  • October 29, 2026

    Panel Says Municipalities Can't Be Sued Under Colo. FCA Law

    In a matter of first impression, the Colorado Court of Appeals Thursday found that a municipality can't be held liable under the Colorado False Claims Act because a municipality isn't a "person" under the statute.

  • October 29, 2026

    7th Circ. Probes Trump's Challenge Of Ill. Sanctuary Laws

    The Seventh Circuit pressed the Trump administration Thursday to address how refusal by Illinois and other sanctuary jurisdictions to help federal officers take custody of immigrants leaving state jails amounts to unlawful interference with federal immigration law, while also expressing skepticism that such cooperation amounts to unconstitutional commandeering of local law enforcement resources.

  • October 29, 2026

    EMT Immunity Doesn't Cover Driving, Wash. Justices Say

    Emergency medical technicians' qualified immunity from negligence claims in Washington does not extend to driving ambulances, a divided state Supreme Court held Thursday, ruling that the transportation of patients falls outside EMTs' statutory immunity for rendering emergency services.

  • October 29, 2026

    Gov't Urges Court To Dismiss $50B Ligado Takings Case

    The federal government has urged the U.S. Court of Federal Claims to dismiss Ligado's attempt to secure $50 billion over claims the Pentagon prevented the company from using valuable spectrum rights it bought for exclusive use to build a terrestrial wireless network.

Expert Analysis

  • How 'Settled Expectations' Affect Amazon's Patent Program

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    Whether the U.S. Supreme Court decides to weigh in on the U.S. Patent and Trademark Office's "settled expectations" framework could have significant consequences for how patent owners and accused sellers approach disputes in Amazon's patent evaluation process, says Barry Greenbaum at Olshan Frome.

  • Fla. Justices Give Trial Judges More Dismissal Discretion

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    The Florida Supreme Court's recent decision in Publix Supermarkets Inc. v. Goga confirmed that appellate courts should not apply a heightened standard when reviewing severe sanctions for fraud on the court, granting greater deference to trial courts, says Brent Hartman at RumbergerKirk.

  • Opinion

    2nd Circ. Tylenol Ruling Misapplies Daubert Gatekeeping

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    The Second Circuit's recent ruling in Rutledge v. Walgreen Co., holding that a lower court should not have excluded experts alleging links between prenatal acetaminophen use and autism, threatens to swallow the Daubert standard by limiting courts' consideration of scientific consensus in assessing reliability of expert testimony, say attorneys at Benesch.

  • Limiting Employer Risk If Calif. Case Upends Time Rounding

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    The California Supreme Court's holdings in recent years suggest that it may tighten the rules for — or even eliminate — time clock rounding when it decides Camp v. Home Depot, so employers should consider taking preemptive steps to guard against large potential liability, says Jacqueline Crispino at the Jhaveri-Weeks Firm.

  • AG Watch: Va. Auto Renewal Law Clears Enforcement Path

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    The most consequential aspect of recent amendments to Virginia's automatic renewal law is the enforcement authority it creates, giving the attorney general a clear statutory pathway to pursue cases involving subscription-related compliance failures under the Virginia Consumer Protection Act, says Chuck Slemp at Cozen O'Connor.

  • 4th Circ. Boeing Class Cert. Ruling May Have Limited Reach

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    While the Fourth Circuit's recent decision to reverse class certification against Boeing appears to potentially create a circuit split or heighten the standards for achieving class certification, that conclusion overlooks the decision's very specific circumstances, and its impact will likely be limited outside the circuit, say attorneys at Bleichmar Fonti.

  • Fed. Circ.'s Shaping Of Tech Patent Doctrine Resembles EPO's

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    The Federal Circuit's recent decision in Ceiva v. Amazon crystallizes an informal U.S. heuristic, "a technological solution to a technological problem," rewarding emphasis of a traceable chain from a problem to a solution — a lesson similar to the European Patent Office's "technical character" terminology, says Brandon Theiss at AddyHart.

  • Opinion

    After Monsanto, Defense Bar Must Build Case Against Lohr

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    The U.S. Supreme Court's recent decision in Monsanto v. Durnell has helped to demolish the foundation for its problematic 1996 ruling in Medtronic v. Lohr — so now defense counsel should lay the groundwork for the high court to overturn Lohr, say attorneys at Blank Rome.

  • Justices' FTC Ruling Weakens Qui Tam's Constitutional Base

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    The U.S. Supreme Court’s holding in Trump v. Slaughter, expanding presidential control over those exercising executive power, suggests that courts may be receptive to arguments challenging the constitutional foundations of the False Claims Act’s qui tam mechanism, says Daniel Passeser at Wiggin.

  • 9th Circ. Rule Block Unlikely To Deter FinCEN Cartel Focus

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    The Ninth Circuit recently blocked the Financial Crimes Enforcement Unit's border cash reporting rule, interpreting it as an impermissible use of an emergency anti-money laundering tool, but regulators are more likely to see the opinion as a road map for building a more defensible rule, say attorneys at Bradley Arant.

  • 5 Financial Statement Fraud Red Flags To Spot Post-Sripetch

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    The U.S. Supreme Court recently held in Sripetch v. U.S. Securities and Exchange Commission that disgorgement exists to strip a wrongdoer of unjust enrichment, not merely to compensate victims for what they lost, shifting the work at the center of securities fraud cases in five ways, says Rand Manasse at Green Lane Partners.

  • QVC Ch. 11 Confirmation Shows Independent Directors' Value

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    QVC's recently confirmed Chapter 11 plan joins a growing body of restructuring precedent demonstrating that well-functioning independent director frameworks can create the evidentiary and governance foundation necessary to resolve complex intercompany disputes, preserve value and secure judicial approval of contested transactions, say attorneys at Choate.

  • Series

    Being A Sommelier Makes Me A Better Lawyer

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    Being a sommelier has quietly shaped how I practice law by changing the way I think, communicate and connect with people, and offers a constant reminder that expertise is about making your knowledge useful and accessible to others, says Kara Du at Sheppard.

  • MF Doom IP Suit Highlights Hurdles For Trademark Claims

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    A recent lawsuit involving unauthorized merchandise bearing MF Doom's name and likeness is likely a preview of how infringement and counterfeit cases against online marketplaces will be defended going forward, shedding light on how intellectual property counsel can avoid dismissal of their claims, say Purdue Global Law School professor Scott Mortman and Southwestern Law School student Eden Burkow.

  • Calif. Drug Ruling Affirms Defect-Centric Liability Framework

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    The California Supreme Court's decision in Gilead Tenofovir Cases this week rejects a novel duty-to-innovate theory of negligence that could have reshaped product liability exposure well beyond the pharmaceutical industry, instead signaling that negligence claims premised on nondefective products are unlikely to succeed, say attorneys at Dechert.

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