Appellate

  • 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 To Ax 'Outdated' Flores Migrant Kids Pact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.

  • June 02, 2026

    4th Circ. Says Worker Can't Revive Wage Classes After Deal

    The Fourth Circuit dismissed a former auto parts worker's appeal of an order decertifying wage and hour classes and a collective action, finding Tuesday he lost standing when he voluntarily settled his individual claims.

  • June 02, 2026

    Generics Makers Tell 3rd Circ. Buyers Too Few For Class

    Two pharmaceutical companies embroiled in decadelong litigation over the alleged price-fixing of generic drugs told a Third Circuit panel on Tuesday that groups of drug buyers either didn't have the numbers necessary to support class certification or were not clearly identifiable.

  • June 02, 2026

    Justices Urged To Address Tax Fraud Deadline Split

    A woman urged the U.S. Supreme Court on Tuesday to reconcile the appellate courts' split over the period to assess taxes against a taxpayer in cases when a third party commits fraud, saying the IRS even admitted that the conflict creates "intolerable results."

  • June 02, 2026

    LA Says DOJ's Pot Shift Can't Sway Dormant Commerce Case

    Los Angeles urged the Ninth Circuit on Monday to dispose of a dormant commerce clause challenge to the city's cannabis licensure program, saying the federal rescheduling of medical marijuana should not influence the case.

Expert Analysis

  • Opinion

    High Court's Abortion Pill Stay Reinforces Appellate Principles

    Author Photo

    The U.S. Supreme Court's recent order in Danco Laboratories v. Louisiana, staying a Fifth Circuit ruling that reinstated an in-person requirement for dispensing the abortion medicine mifepristone, should be seen not as a definitive ruling on reproductive rights, but as an affirmation of a more disciplined jurisdictional reality, says Daniel Nardo at Nardo & Associates.

  • Series

    Studying Foreign Languages Makes Me A Better Lawyer

    Author Photo

    Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

  • 6th Circ. Ruling Highlights Split On Labor Cost Depreciation

    Author Photo

    The Sixth Circuit's recent decision in Schoening Investment v. Cincinnati Casualty throws into relief the fine lines of courts' varying interpretations of whether a commercial property insurer may justifiably depreciate labor costs to determine the actual cash value of damage, says Nabila Rahim at Zelle.

  • 6th Circ. Ruling Broadest So Far In Wave Of Habeas Decisions

    Author Photo

    The Sixth Circuit’s recent opinion in Lopez-Campos v. Raycraft provides the most developed structural reasoning among rulings in a widening circuit split over mandatory detention after undocumented entry into the U.S., and supplies immigration practitioners a template for due process arguments in favor of habeas relief, says Kemal Hepsen at Mandamus Lawyers.

  • Opinion

    Murdaugh Reversal Masks Deeper Justice System Issues

    Author Photo

    The South Carolina Supreme Court's recent reversal of Alex Murdaugh's murder conviction leans heavily on improper jury influence by an ex-county clerk of court while underbilling other errors in the case, which are emblematic of larger issues with the justice system, says Barry Edwards at Fair Trial Analysis.

  • Del. Justices' Ripeness Ruling Shields Advance Notice Bylaws

    Author Photo

    The Delaware Supreme Court’s recent decision dismissing two AES and Owens Corning stockholder challenges of advance notice bylaws as unripe provides corporations more room to insulate their nomination procedures from activist pressure, say attorneys at Reed Smith.

  • How The High Court Expanded Freight Broker Liability

    Author Photo

    After the U.S. Supreme Court's decision in Montgomery v. Caribe Transport II that freight brokers may be liable for selecting unsafe motor carriers, the key question will be whether brokers used reasonable care in selecting a given motor carrier, with the concurring opinion offering some clues as to what reasonable care might look like, says Marc Blubaugh at Benesch.

  • 'Anderson Method' Ruling Shows Copyright Limits In Fitness

    Author Photo

    The Ninth Circuit's ruling in Tracy Anderson Mind and Body v. Megan Roup, finding that sequences of exercises developed and recorded by Tracy Anderson were not copyrightable choreographic works, is a reminder that even highly creative fitness programming can fall outside the scope of copyright protection, says Meredith Bobber Strauss at Michelman & Robinson.

  • 2nd Circ.'s Cantero Redo Complicates Mortgage Escrow Issue

    Author Photo

    The Second Circuit's recent decision in Cantero v. Bank of America reflects the absence of definitiveness in mortgage escrow preemption jurisprudence, leaving lenders to navigate conflicting state rules and pricing challenges amid a deepening circuit split, say attorneys at Sullivan & Cromwell.

  • 3 Rulings Show How Creditors Make Civil RICO Claims Stick

    Author Photo

    An Arizona federal court's recent decision concerning UniCredit Bank Austria is one of few in which creditors' claims against debtors for Racketeer Influenced and Corrupt Organizations Act violations have survived motions to dismiss, and these claims' substantial benefits make the rulings worth analyzing for guidance, says Brian Asher at Asher Research.

  • What Fed. Circ.'s Poultry Patent Ruling Says About 'About'

    Author Photo

    The Federal Circuit's recent decision in Enviro Tech v. Safe Foods highlights how approximation language in patent claims affects not only litigation outcomes, but also portfolio value, competitive positioning and prosecution strategy, say attorneys at Foley & Lardner.

  • Class Actions At The Circuit Courts: May Lessons

    Author Photo

    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings from cases involving allegations of Title VII violations, the Employment Retirement Income Security Act, prison dental care violations and overcharging for PACER access.

  • Texas Ruling Makes Avoiding Appraisal Nearly Impossible

    Author Photo

    By deciding that a coverage dispute doesn't nullify an appraisal clause, the Texas Supreme Court, in its recent Ace American Insurance ruling, makes appraisal nearly unavoidable in state personal auto and residential property disputes, says David Winter at Norton Rose.

  • Series

    NY Times Word Puzzles Make Me A Better Lawyer

    Author Photo

    Every morning I let The New York Times humble me with word games, which offer a chance to recalibrate my brain before the day's chaos arrives and remind me that a solution — whether to a puzzle or employment law issue — almost always exists once I find the right angle, says Amy Epstein Gluck at Pierson Ferdinand.

  • Tracking Tech Suit Is A Risk Management Reminder For Cos.

    Author Photo

    The Fifth Circuit recently heard oral argument in Rand v. Eyemart Express — an appeal that could reshape the legal landscape for businesses that deploy tracking tech on their websites — underscoring the importance of proactive risk management for companies across multiple industries, say attorneys at Blank Rome.

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.