Appellate

  • May 19, 2026

    Mich. Panel Says Gauze, Gloves Not Tax-Exempt Prosthetics

    A Michigan appellate court panel has affirmed a tax ruling against a medical equipment company, holding that prescription gauze, bandages, gloves, wound dressings and related supplies sold to disabled patients do not qualify as tax-exempt prosthetic devices under the state's General Sales Tax Act. 

  • May 19, 2026

    Ohio Panel Says Incompetence Doesn't Affect State Of Mind

    An Ohio appeals court has ruled that sufficient evidence exists that a man had the state of mind necessary to commit burglary and kidnapping offenses despite later being declared mentally incompetent to stand trial and confined in a mental hospital.

  • May 19, 2026

    Ala. Power Co. Must Face Coal Ash Claims, 11th Circ. Says

    The Eleventh Circuit has revived a suit alleging Alabama Power Co.'s plan to cap a 21-million-ton coal ash dump violates federal regulations, ruling that the environmental group suing the company clearly had standing and that its suit "should not have been dismissed."

  • May 19, 2026

    DC Urges Panel To Uphold National Guard Injunction

    The District of Columbia said neither federal law nor the D.C. Code authorizes the president's deployment of the D.C. National Guard for law-enforcement activities in the district, urging the D.C. Circuit to uphold an injunction barring the deployment.

  • May 19, 2026

    2nd Circ. Rejects Defunct Soccer League Antitrust Appeal

    A Second Circuit panel on Tuesday refused to grant the North American Soccer League a new antitrust trial against Major League Soccer and soccer's U.S. governing body, concluding that the defunct league waived any arguments about market definition, and even if it didn't, its assertions still fail.

  • May 19, 2026

    FTC Wants 5th Circ. To Pause Appeal In Merger Filing Case

    The Federal Trade Commission asked the Fifth Circuit to put its appeal on hold in a case challenging the agency's effort to overhaul its premerger filing requirements, to give enforcers time to consider developing a new revision.

  • May 19, 2026

    Seeborg's Term As Calif. Northern District Chief Judge To End

    Chief District Judge Richard Seeborg is expected to conclude his time as the top judge for the Northern District of California in July, according to a spokesperson for the judiciary, to be succeeded by U.S. District Judge Yvonne Gonzalez Rogers.

  • May 19, 2026

    Non-Clients Say Katten Attys' 'Double-Cross' Bars Immunity

    Two onetime Katten Muchin Rosenman LLP attorneys accused of violating a joint defense agreement in a federal criminal healthcare fraud investigation should not be able to avail themselves of a Texas attorney immunity doctrine, according to two co-defendants who allege they were offered as "sacrificial lambs" in a "double-cross that would make good fiction."

  • May 19, 2026

    Colo. Justices Say Deceit Law Covers Indirect Actions

    A man's conviction for attempting to influence a public servant was upheld by the Colorado Supreme Court, which ruled that a state law covers defendants who use another person to pass along false information to a public official.

  • May 19, 2026

    Fed. Circ. Restores 2 Patent Suits On Same Standing Issue

    The Federal Circuit on Tuesday reinstated a pair of patent infringement suits from patent owners that licensed their intellectual property to other parties, finding that the companies met the minimum constitutional requirements to show they had standing to sue.

  • May 19, 2026

    Feds Say High Court Should Skip Religious Bias Vax Fight

    The U.S. solicitor general urged the U.S. Supreme Court not to wade into a religious bias case challenging New York's COVID-19 vaccine mandate for healthcare workers, arguing that a Second Circuit decision backing the case's dismissal did not undermine federal civil rights law.

  • May 19, 2026

    Pa. Justices Debate State's Immunity In Roadway Death Suit

    Pennsylvania Supreme Court justices seemed torn Tuesday between the idea that the state's Department of Transportation doesn't "own" everything above and below its roadways and the concept that the agency could duck liability for obvious risks like falling branches or crumbling bridges.

  • May 19, 2026

    Anthropic Says Defense Dept. Smeared It Over AI Red Lines

    Potential splits emerged Tuesday between D.C. Circuit judges questioning the legality of the U.S. Department of Defense's move to bar Anthropic from government contracting, with the AI company claiming it had been targeted and smeared as a national security threat for nothing more than a contract dispute.

  • May 19, 2026

    Fed. Circ. Won't Rehear Chemical Co.'s Duty Refund Dispute

    The Federal Circuit won't reconsider its rejection of a chemical manufacturer's argument that federal law required its claim for a petroleum derivative duty refund to be processed automatically, despite the company's claim that the court misconstrued the relevant law and precedent.

  • May 19, 2026

    Ex-Marketing Workers Take 401(k) Forfeiture Suit To 2nd Circ.

    Two former marketing company employees said they're going to ask the Second Circuit to revive their proposed class action alleging that 401(k) plan forfeitures were misused after a New York federal judge dismissed their case in April.

  • May 19, 2026

    Mass. Justices Say Profs Can Face Student Harassment Suits

    Massachusetts' highest court found Tuesday that the state's sexual harassment laws allow for suits against individuals in the academic world as well as their educational institutions, reviving a claim against a former MIT-affiliated lab director.

  • May 19, 2026

    Aspiring Georgia Justices Take Ethics Case To High Court

    A pair of plaintiffs attorneys running to unseat Republican-appointed justices on the Georgia Supreme Court asked the U.S. Supreme Court to vacate an Eleventh Circuit ruling that allowed Georgia's judicial watchdog to issue public statements about ethics violations they are accused of committing.

  • May 18, 2026

    Boeing Owed Duty To Worker's Future Kid, Wash. Panel Says

    Boeing must face claims that a factory worker's on-the-job chemical exposure caused birth defects in his child, a Washington Court of Appeals panel said in a published ruling Monday, finding that an employer "may be liable for negligence towards an employee's not-yet-conceived offspring."

  • May 18, 2026

    FirstEnergy Urges 6th Circ. To Again Nix Investors' Class Cert.

    FirstEnergy Corp. is once again asking the Sixth Circuit to curb a class action alleging it defrauded investors by hiding its involvement in a $1.3 billion bribery scandal, urging the court to overturn class certification a second time.

  • May 18, 2026

    8th Circ. Backs Mother-Son Convictions In Reservation Murder

    A split Eighth Circuit panel has upheld the sentences of a mother and son convicted of murdering a man on the Cheyenne River Sioux Indian Reservation, rejecting their claims that home surveillance camera footage of the two beating the victim should not have been admitted because of alleged tampering.

  • May 18, 2026

    Marlboro Smoker Was Victim Of Ubiquitous Ads, Jury Hears

    A Florida jury heard opening arguments Monday in a trial over the lung cancer death of a woman who started smoking at a time when Philip Morris was "wallpapering" the nation with pro-smoking messages, her family's lawyer said.

  • May 18, 2026

    Unsafe Carriers Seem Doomed After Freight Broker Ruling

    The U.S. Supreme Court's recent holding that freight brokers can be held liable under state law for the negligent hiring of motor carriers that cause auto collisions is a "monumental" win for highway safety, plaintiffs attorneys said, as dangerous "fly-by-night" trucking companies could be put out of business.

  • May 18, 2026

    7th Circ. Considers Reviving Claims In Wind Farm Contract Row

    A Seventh Circuit panel seemed unconvinced Monday that a jury improperly awarded an Illinois wind farm contractor nominal damages in a subcontractor termination dispute, but suggested the $1 award may still be unwound if the court decides the subcontractor's claims were improperly kept from trial.

  • May 18, 2026

    Madigan Ruling May Offer High Court New Bribery Test

    The Seventh Circuit found enough "overwhelming" evidence last month to sustain the conviction of former Illinois House Speaker Michael Madigan, but a U.S. Supreme Court that's spent years narrowing the reach of public corruption laws may be interested in whether prosecutors proved a sufficiently specific quid pro quo.

  • May 18, 2026

    1st Circ. Keeps Union's Contract With VA Intact During Appeal

    The First Circuit denied a U.S. Department of Veterans Affairs request to shelve its contract with a union representing government workers during an appeal, while also pausing a lower court's order that the VA must abide by grievance procedures in the contract. 

Expert Analysis

  • Series

    Adapting To Private Practice: 5 Tips From Ex-SEC Unit Chief

    Author Photo

    My move to private practice has reaffirmed my belief in the value of adaptability, collaboration and strategic thinking — qualities that are essential not only for successful client outcomes, but also for sustained professional satisfaction, says Dabney O’Riordan at Fried Frank.

  • 5 Drug Pricing Policy Developments To Watch In 2026

    Author Photo

    2026 may prove to be a critical year for drug pricing in the U.S., with potential major shifts including several legislative initiatives moving forward after being in the works for years, and more experimentation on the horizon concerning GLP-1s and Section 340B pricing, say attorneys at Manatt.

  • 2026 Int'l Arbitration Trends: Awards Against Sovereign States

    Author Photo

    The enforcement of arbitral awards against sovereign states is one of the most contentious and rapidly evolving areas in international arbitration, with three defining issues on the 2026 horizon: the scope of sovereign immunity, assignability of rights, and availability of fraud and corruption defenses, say attorneys at Cleary.

  • Series

    Law School's Missed Lessons: How To Start A Law Firm

    Author Photo

    Launching and sustaining a law firm requires skills most law schools don't teach, but every lawyer should understand a few core principles that can make the leap calculated rather than reckless, says Sam Katz at Athlaw.

  • Opinion

    What Justices Got Right In Candidate Standing Ruling

    Author Photo

    The U.S. Supreme Court's decision this month in Bost v. Illinois State Board of Elections broadens standing for candidates challenging state election rules, marking a welcome shift from other decisions that have impeded access to federal courts, says Daniel Tokaji at the University of Wisconsin Law School.

  • Justices' Med Mal Ruling May Hurt Federal Anti-SLAPP Suits

    Author Photo

    The U.S. Supreme Court's recent decision in Berk v. Choy restricts the application of certain state laws in diversity actions in federal court — and while the ruling concerned affidavit requirements in medical malpractice suits, it may also affect the use of anti-SLAPP statutes in federal litigation, says Travis Chance at Brownstein Hyatt.

  • Fed. Circ. Patent Decisions In 2025: An Empirical Review

    Author Photo

    In 2025, the Federal Circuit's increased output was not enough to keep up with its ever-growing patent case load, and patent owners and applicants fared poorly overall as the court's affirmance rate fell, says Dan Bagatell at Perkins Coie.

  • Key False Claims Act Trends From The Last Year

    Author Photo

    The False Claims Act remains a powerful enforcement tool after some record verdicts and settlements in 2025, and while traditional fraud areas remain a priority, new initiatives are raising questions about its expanding application, says Veronica Nannis at Joseph Greenwald.

  • Series

    Hosting Exchange Students Makes Me A Better Lawyer

    Author Photo

    Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.

  • Postconviction Law In 2026: A Recalibration, Not A Revolution

    Author Photo

    As the U.S. Supreme Court prepares to issue decisions in several federal postconviction cases in the coming months, the justices appear focused on restoring coherence to a system in which sentencing modification, collateral review and finality increasingly overlap, and success for practitioners will depend on strategic clarity, say attorneys at the Law Offices of Alan Ellis.

  • How Mediation Can Lead To Better Environmental Settlements

    Author Photo

    The Tenth Circuit's recent directive to the parties litigating Denver Water's expansion of the Gross Reservoir and Dam to mediate their dispute is a reminder that mediation in environmental matters can save time and money, and achieve a settlement that helps both sides reach their goals, says Heidi Friedman at Thompson Hine.

  • How A 1947 Tugboat Ruling May Shape Work Product In AI Era

    Author Photo

    Rapid advances in generative artificial intelligence test work-product principles first articulated in the U.S. Supreme Court’s nearly 80-year-old Hickman v. Taylor decision, as courts and ethics bodies confront whether disclosure of attorneys’ AI prompts and outputs would reveal their thought processes, say Larry Silver and Sasha Burton at Langsam Stevens.

  • Opinion

    Faulty Legal Assumptions Obscure Police Self-Defense Law

    Author Photo

    As illustrated by the public commentary surrounding the shooting of Renee Nicole Good by an immigration agent, lawyers sometimes have mistaken assumptions about the applicability of self-defense when law enforcement officers deploy deadly force, but the governing legal standard is clear, says Markus Funk at White & Case.

  • 2026 Int'l Arbitration Trends: Tariffs Drive Transformation

    Author Photo

    In 2025, the Trump administration's sweeping tariffs triggered an unprecedented wave of trade-related disputes — and this, along with evolving M&A practices, the challenges of enforcing arbitral awards against sovereign states, and the role of emerging technologies, will continue to drive international arbitration trends this year, say attorneys at Cleary.

  • Takeaways From 7th Circ.'s Bank Fraud Conviction Reversal

    Author Photo

    The Seventh Circuit’s recent decision in U.S. v. Robinson, holding that a bank fraud conviction must be grounded in a clear misrepresentation to the financial institution itself, signals that the court will not hesitate to correct substantive errors, even in unpreserved challenges, say attorneys at Quinn Emanuel.

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.