Appellate

  • November 05, 2026

    11th Circ. Backs Order Requiring Clearer Fla. Medicaid Notices

    The Eleventh Circuit on Wednesday affirmed a lower court's ruling that Florida's notices to residents cutting their Medicaid coverage were so confusing that they violated the enrollees' due process rights by depriving them of a chance to challenge the decision.

  • November 05, 2026

    Disbarred Texas Atty Gets New Shot At $3.8M Fee-Sharing Suit

    A Texas appeals court on Thursday reinstated a disbarred attorney's suit alleging two law firms owe him more than $3.8 million in fees and costs, finding the trial court didn't have competent evidence that he worked on the suits only after he was disbarred.

  • November 05, 2026

    9th Circ. Says Lending Co. Can't Arbitrate In Snowflake MDL

    The Ninth Circuit ruled that online consumer lending platform LendingTree and an insurance comparison subsidiary cannot compel arbitration of a cybersecurity suit within multidistrict litigation over a breach of data held by cloud storage company Snowflake since the websites' design elements prevented "mutual assent" to their terms.

  • November 05, 2026

    Trump's Hush Money Conviction Examined By Wary NY Panel

    A New York State appellate court Thursday quizzed attorneys for President Donald Trump and state prosecutors over his hush-money conviction, exploring defense counsel's claims that the district attorney trespassed into federal jurisdiction by charging election violations and trampled on presidential immunity in a case "infected with multiple fatal errors."

  • November 05, 2026

    WB Must Face Claims 'The Pitt' Violates 'ER' Rights Deal

    Warner Bros. Television cannot dodge a lawsuit alleging it breached a decades-old agreement with late author Michael Crichton by producing the hit medical drama "The Pitt," a California appeals court ruled, saying the suit adequately alleges the series could be considered a derivative work of the earlier hit series "ER."

  • November 05, 2026

    Fla. Panel Finds No Error In Murder Trial Closing Arguments

    A Florida state appeals court has ruled that comments from a prosecutor telling jurors at the end of a trial that a defendant was "no longer presumed innocent" were not improper, and that a man convicted of killing his girlfriend should remain in prison.

  • November 05, 2026

    Uber Can't Arbitrate Deceptive Pricing Suit, Calif. Panel Says

    A California appellate panel on Wednesday affirmed a trial court's refusal to send a proposed class action accusing Uber of misleading riders about upfront fares to arbitration, holding that the suit seeks public injunctive relief and therefore falls outside the reach of the company's agreement.

  • November 05, 2026

    Fla. Court Says Meta Can't Dodge Child Safety Suit

    A Florida state appeals court won't quash an order denying Meta's bid to dismiss the state's suit accusing it of harming children, finding that the social media giant had failed to show it would suffer irreparable harm.

  • November 05, 2026

    Mich. Court Revives Drowning Claims Over Park Revenue

    A Michigan state appeals court panel on Wednesday revived two claims in a lawsuit against the City of Muskegon connected with the 2022 drowning death of a 19-year-old college athlete at a city park, finding that further proceedings are needed to determine if the city is shielded by government immunity.

  • November 05, 2026

    Fed. Circ. Backs Google PTAB Losses In VR Fight

    The Federal Circuit on Thursday upheld Patent Trial and Appeal Board rulings that Google LLC failed to show that some claims in a trio of virtual reality patents it was accused of infringing in California were invalid.

  • November 05, 2026

    Safety Risk Justified Officer's Gun Pat-Down, Fla. Panel Says

    A split Florida appeals court has found that police were justified in patting down a bicyclist they had stopped for not having a light on because they noticed a "bulge" under his shirt, affirming the man's conviction for unlawful possession of a firearm. 

  • November 05, 2026

    Mass. Voters Widen Records Law, Teeing Up New Legal Fights

    After voting to allow an audit of the Legislature in 2024, the Massachusetts electorate overwhelmingly passed a ballot initiative Tuesday expanding public records law to include the governor and Legislature, but experts told Law360 that another round of litigation looms.

  • November 05, 2026

    Former Pennsylvania Chief Justice Castille Dies At 82

    Ronald D. Castille, 82, former Pennsylvania Supreme Court chief justice and one-time Philadelphia district attorney, died Wednesday, according to an announcement from the court administration.

  • November 05, 2026

    New Tech, Diluted Noncompetes Drive Up Trade Secret Cases

    Artificial intelligence tools are making it easier for employees to take off with valuable trade secrets when they switch employers, while noncompete agreements are becoming more difficult to enforce, a combination that is spurring an increase in trade secret cases, experts told Law360.

  • November 05, 2026

    IRS Asks 10th Circ. To Uphold Taxes, Penalties On Ranchers

    The U.S. Tax Court properly ruled that an Oklahoma couple owe roughly $260,000 in taxes and penalties because their ranch wasn't operated for profit as they had asserted, the IRS told the Tenth Circuit, saying they lacked a profit motive to claim deductions for their expenses.

  • November 05, 2026

    Pa. AG Held Immune In Row Over Ex-Agent's Separation Deal

    A former narcotics agent for the Pennsylvania Office of the Attorney General can't sue his ex-employer for breaking his separation agreement because breached employment contracts don't fall under the exceptions to the office's sovereign immunity, a state appellate panel regretfully concluded Thursday.

  • November 05, 2026

    Full 5th Circ. Won't Hear Challenge To Machine Gun Ban

    The Fifth Circuit has denied a petition for an en banc hearing of a challenge by a Texas shooting club to the federal ban on machine guns, with nine of the judges voting against the hearing and eight voting for.

  • November 04, 2026

    5th Circ. Orders Fresh Look At Tequila Brands' TM Confusion

    A split Fifth Circuit on Wednesday revived a trademark dispute between Mexican brand "Clase Azul" and U.S. startup "Casa Azul," finding that because the Texas district court made some errors in its underlying findings, it needs to reassess the likelihood of confusion between the two companies' marks.

  • November 04, 2026

    Investors Say Internet Letter Should Support Ill. Fraud Claims

    A securities short seller that ditched fraud claims over a letter it allegedly posted online to manipulate a stock's value urged the Seventh Circuit on Wednesday to leave its dismissal win intact, saying reversal could invite a "slippery slope" of future plaintiffs satisfying venue requirements with even less sufficient claims.

  • November 04, 2026

    1st Circ. Revives Temu Suit Against IP Atty, Citing Jurisdiction

    The First Circuit has revived Chinese e-commerce company Temu's lawsuit accusing an intellectual property attorney of lying to secure settlements with a pair of clients, finding that the lower court failed to consider jurisdictional questions.

  • November 04, 2026

    Woman Tells 11th Circ. Sexual Assault Gag Clause Is Invalid

    A woman who claimed she was sexually assaulted by her former intimate partner asked the Eleventh Circuit on Wednesday to overturn a $2.7 million judgment against her for breaching a confidential agreement with the ex-partner, arguing the question of the contract's validity is one for a jury.

  • November 04, 2026

    Justices Hear Texas Challenge Of 'Unavailable' Habeas Claim

    The Texas solicitor general urged the U.S. Supreme Court during oral arguments Wednesday to overturn a decision allowing a death row prisoner's successive habeas claim for intellectual disability under new diagnostic standards, saying the challenge did not qualify for a rare exception under the Antiterrorism and Effective Death Penalty Act of 1996.

  • November 04, 2026

    Nike Scores Quick OK For Appeal In Wash. Spam Class Action

    A Washington state judge greenlighted Nike Inc.'s bid for a quick appeal Tuesday in a case accusing the apparel giant of sending customers misleading advertising emails, clearing the way for appellate review of whether alleging violations of Washington's antispam statute automatically establishes economic injury under the state's consumer protection law.

  • November 04, 2026

    Westlaw AI Fight Warrants Full Court Review, 3rd Circ. Told

    Ross Intelligence urged the full Third Circuit to revisit a copyright decision concluding that it wasn't protected by fair use when it trained its artificial intelligence legal research platform on Thomson Reuters' Westlaw headnotes, arguing that "at every turn, the panel asked the wrong question."

  • November 04, 2026

    5th Circ. Backs 'Geek Therapy' Co. In Roleplay Game IP Battle

    The Fifth Circuit on Wednesday sided with a "geek therapy" company in a suit claiming it infringed the intellectual property rights of a role-playing game developer after their partnership soured, saying a licensing agreement allowed the company to use the content of the game.

Expert Analysis

  • Courts Signal Higher FCRA Bar For Identity Theft Claims

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    Recent rulings adopting a heightened, "objectively and readily verifiable" inaccuracy standard may give credit furnishers stronger defenses to identity theft-related Fair Credit Reporting Act claims in the Ninth Circuit, while requiring them to continue documenting thorough dispute investigations, says Brian Kiolbasa at Ballard Spahr.

  • The Patent Circuit: Minding Patents' Family Histories

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    The Federal Circuit's recent decision in Epic Tech v. Pen-Tech highlights the relevance of patent families in determining whether to maintain an ongoing patent infringement litigation, and the sanctions risk that may stem from failing to account for patent relatives, say attorneys at Knobbe Martens.

  • 9th Circ. Waters Ruling Shows Sackett's Ripple Effects

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    The Ninth Circuit's recent decision in Inland Empire Waterkeeper v. Corona Clay demonstrates that the U.S. Supreme Court's "waters of the U.S." ruling in Sackett v. U.S. Environmental Protection Agency can reopen cases already tried to verdict, thus changing expectations around citizen suits and stormwater enforcement in California, says Jacob Lubarsky at Rogers Joseph.

  • Calif. High Court Ruling Eases Path To Excess Coverage Suits

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    Following a recent California Supreme Court ruling in Fox Paine v. Twin City Fire Insurance, policyholders will have an easier time sustaining suits against excess insurers, leading the latter to settle more frequently, buy back more policies, increase premiums and change policy language, says Charles Grosenick at Brown & Winters.

  • A Defense Attorney Playbook For Challenging Flock Evidence

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    As law enforcement continues to bring charges based on evidence from Flock cameras and other automated license plate readers, defense counsel should consider four key categories for discovery requests and motions to compel such evidence, says Tamar Lerer at the New Jersey Office of the Public Defender.

  • Washington Email Law Still Puts Marketers At Litigation Risk

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    Despite legislative efforts to curtail abusive litigation after the 2025 Brown v. Old Navy decision extending Washington's Commercial Electronic Mail Act to misleading email subject lines, CEMA can still trigger class actions with statutory damages, even for national campaigns run by companies with no physical presence in Washington, say attorneys at Wilson Elser.

  • How AI Could Help Judges Spot Their Own Biases

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    In close cases where there’s room for discretion, artificial intelligence could challenge judges’ implicit biases by running counterfactual tests at scale — but any judicial use of such tools would need guardrails, say Arnold Peter at Peter Law and Nancy Rapoport at University of Nevada.

  • State Of Insurance: Q3 Notes From Pennsylvania

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    Pennsylvania courts issued several noteworthy insurance decisions last quarter, offering practical guidance for insurers evaluating public policy coverage disputes, drafting umbrella policy language and defending litigation involving claim file discoverability, says Todd Leon at Marshall Dennehey.

  • How Shift In Ohio Foreclosure Appeals Alters Lenders' Risk

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    In a series of recent decisions, the Ohio Supreme Court changed who bears the risk of an erroneous foreclosure judgment while an appeal is pending, which means lenders should now budget for merits briefing, and underwriters should expect indemnity and escrow demands, says Terry Posey at Porter Wright.

  • 3 Eligibility Rulings Show Risks Of Broad Claim Constructions

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    Several recent decisions from the Federal Circuit, including its ruling in Berkeley v. W.W. Grainger, highlight the importance of identifying the inventive aspects of a patent early in the case so that patentees do not inadvertently read the inventive features out of their own claims, say attorneys at MoFo.

  • Mass. High Court Raises Bar For Trade Secret Injunctions

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    The Massachusetts Supreme Judicial Court's recent decision in Daikin v. Russo confirms that trade secret plaintiffs must prove irreparable harm under ordinary equitable principles when seeking a preliminary injunction, putting an end to potential theories of automatic presumption, says Gregory Bombard at Greenberg Traurig.

  • 3 Strategies To Reduce AI Sycophancy In Legal Work

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    The tendency of generative artificial intelligence models to tell users what they want to hear can reinforce attorneys’ confirmation bias when testing the strength of arguments, and it can’t simply be prompted away — but a few practices can help mitigate it, says Michael Ott at Ice Miller.

  • Opinion

    Justices' Climate Ruling Should Preserve State Tort Claims

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    As recent oral arguments in Suncor Energy v. Boulder County demonstrated, the case hinges on long-standing principles of federalism that allow state and local governments to protect their resources and citizens — and if the justices rule based on precedent, Suncor should lose, says William Buzbee at Georgetown University Law Center.

  • Open Issues After 2nd Circ.'s Airport Phone Search Ruling

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    While the Second Circuit’s recent U.S. v. Alisigwe decision confirms border agents' broad authority to conduct routine manual cellphone searches at ports of entry, significant questions remain about more wide-ranging forensic searches at the border, say attorneys at Baker Botts.

  • NFL Coverage Ruling Sets Limits On Long-Tail Claim Defenses

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    A New York appellate court's recent decision — holding that National Football League players who sustained neurological injuries had suffered multiple occurrences for insurance coverage purposes — may also be used to limit insurers' efforts to declaim coverage for other long-tail injury cases, including sexual abuse claims, say attorneys at SDV Fenchurch.

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