Appellate

  • November 02, 2026

    Fuel Groups Say Courts Must Stay Out Of Calif. Waiver Fight

    Groups representing the natural gas and oil industry urged the D.C. Circuit to reverse preliminary injunction rulings over the U.S. Environmental Protection Agency's procedural move sending certain Clean Air Act waivers for California to Congress, arguing that judicial review is barred.

  • November 02, 2026

    Mich. Justices To Hear Challenge To Juror Strike Rule

    The Michigan Supreme Court has agreed to review a challenge to a state criminal court rule used to strike jurors previously charged with crimes, a policy which a defendant accused of murder has argued functions as a loophole letting prosecutors exclude from the jury Black people, who are disproportionately arrested.

  • November 02, 2026

    ATM Operators To Ask DC Circ To Revive Visa, Mastercard Suit

    ATM operators gave notice that they'll ask the D.C. Circuit to revive their long-running certified class action accusing Visa and Mastercard of an anticompetitive agreement forcing them into higher network fees.

  • November 02, 2026

    Russian Billionaire Takes Yacht Forfeiture Suit To High Court

    Russian billionaire Eduard Yurievich Khudainatov urged the U.S. Supreme Court to review the federal government's seizure and sale of a $300 million superyacht, arguing that he should have been able to contest the forfeiture as the yacht's titleholder.

  • November 02, 2026

    NY Judge Admonished For Using Title To Fight Garbage Fines

    The New York State Commission on Judicial Conduct has disciplined a Brooklyn judge for "repeatedly invoking her judicial position" while contesting New York City sanitation citations for litter in front of her home.

  • November 02, 2026

    Justices Probe Late Defense In Ex-Aide's Pregnancy Bias Suit

    The U.S. Supreme Court on Monday closely scrutinized the procedures governing late-raised legal defenses amid a former political aide's fight to reinstate her pregnancy discrimination lawsuit, with some justices hinting that the case should be sent back down for review under a different federal rule set.

  • November 02, 2026

    Ill. Panel Says Accused Sex Abuser Can't Be Held Pretrial

    An Illinois state appeals court has ruled that a former state police forensic scientist accused of sexual abuse of a minor cannot be held in jail awaiting his trial because prosecutors could not prove he poses an ongoing safety risk.

  • November 02, 2026

    Split Full 9th Circ. Backs Block On ICE Voter Fraud Probe

    A Ninth Circuit majority kept in place Friday a panel's recent ruling refusing to pause an injunction blocking U.S. Immigration and Customs Enforcement agents from carrying out a "surge initiative" to question individuals in nine states about their voter status, while seven judges criticized the panel's opinion in dissent.

  • November 02, 2026

    Carroll Asks High Court To Skip Trump Defamation Appeal

    Writer E. Jean Carroll has asked the U.S. Supreme Court not to hear President Donald Trump's appeal of an $83.3 million jury verdict finding that he defamed her after she accused him of sexual assault, saying Trump waived his presidential immunity argument.

  • November 02, 2026

    Splenda Maker Says Cancer Claims Weren't Protected Speech

    Splenda maker TC Heartland LLC urged the Fourth Circuit to revive its defamation suit against a scientist over her public warnings about the sweetener, arguing that the First Amendment does not shield statements that misrepresent research or rely on concealed test results.

  • November 02, 2026

    Groups Urge Justices To Take Up Capital Group ERISA Fight

    Several employee benefits trade groups urged the U.S. Supreme Court Monday to review a Ninth Circuit ruling that refused to force arbitration of a retirement plan dispute against an investment management company, arguing the case could resolve a circuit split on the scope of relief under federal benefits law.

  • November 02, 2026

    IP To PI: Mass. Trade Secrets Attys Rethink Injunction Strategy

    A recent decision by Massachusetts' top appellate court that makes it tougher to secure preliminary injunctions in trade secrets cases will likely force Bay State attorneys to turn to strategies from other areas of intellectual property law to clear the heightened bar.

  • November 02, 2026

    DC Circ. Questions Lack Of Carbon Plan For Gas Terminal

    Judges on the D.C. Circuit on Monday pressed attorneys for the Federal Energy Regulatory Commission and the company behind a natural gas export terminal and pipeline in South Texas on why they walked away from a connected proposal for carbon sequestration near the project without explanation.

  • November 02, 2026

    Ga. Atty Wins Bid To Revive Fee-Split Suit Against Firm

    The Georgia Court of Appeals has revived an attorney's suit over compensation, finding that factual disputes should have prevented the trial court from granting summary judgment to Casino Law Group LLC.

  • November 02, 2026

    5th Circ. Skeptical Chinese Citizens Have Right To Texas Land

    A Fifth Circuit panel wants to know if Chinese citizens who wish to purchase property in Texas are arguing that everyone in the world has a constitutional right to do so, asking Monday if people globally "have the right to be treated as U.S. citizens for purposes of purchasing property in Texas."

  • November 02, 2026

    Mass. Justices Open To Sealing Insanity-Based Acquittals

    Massachusetts' highest court on Monday appeared skeptical of some of the reasons for excluding verdicts of not guilty by reason of insanity from a law that seals criminal records of the acquitted.

  • November 02, 2026

    'Our Bad': Feds' First Step Act Argument Surprises Justices

    Some U.S. Supreme Court justices considering a First Step Act case Monday appeared caught off guard by a government lawyer's argument that the defendant's impending release from prison renders the appeal moot.

  • November 02, 2026

    Fed. Circ. Probes Mattress Data In Indonesia Duty Dispute

    The U.S. Department of Commerce should be required to explain why it inconsistently approached data that contains impossibilities from an Indonesian exporter of mattresses during an antidumping duty investigation, counsel for domestic mattress importers and manufacturers told the Federal Circuit on Monday during oral arguments.

  • November 02, 2026

    High Court Rejects Trump's Bid To Set Aside 20K Calif. Ballots

    The U.S. Supreme Court on Monday quickly denied the Trump administration's request to set aside 20,000 California mail-in ballots that the federal government claims were sent to noncitizens.

  • November 02, 2026

    10th Circ. Backs Fee Award In Trade Secret Fight

    The Tenth Circuit has affirmed a Colorado federal court's finding that it lacked jurisdiction over an Illinois couple and their company, which were accused of conspiring to steal trade secrets and give them to a Chinese manufacturer of knockoff products, agreeing they should be granted $183,000 in attorney fees.

  • November 02, 2026

    Quinn Emanuel Lands Former NY State Appellate Judge

    Quinn Emanuel Urquhart & Sullivan LLP announced Monday that it has added a former associate justice of the New York State Supreme Court's Appellate Division to strengthen its ability to handle commercial litigation and appellate matters.

  • November 02, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week allowed a stockholder claim over R1 RCM Inc.'s $8.9 billion buyout to proceed, while investors in Meta Platforms Inc. sued to block a stock restructuring they say would let CEO Mark Zuckerberg sell billions of dollars in shares without giving up control of the company.

  • November 02, 2026

    Full 5th Circ. Won't Review Limited Partner Tax Ruling

    The Fifth Circuit denied a Texas business consulting company's request for the full court to review a panel's revised opinion narrowing a tax break for limited partners, saying no judges sought a rehearing.

  • November 02, 2026

    5th Circ. Keeps UPS Death Suit In Texas Federal Court

    The Fifth Circuit has reversed an order sending a woman's wrongful death claims against United Parcel Service Inc. back to Texas state court, finding the district judge should have allowed UPS to fix a procedural defect rather than remanding on their own accord.

  • October 30, 2026

    Law360 MVP Awards Go To Top Attorneys From 89 Firms

    The lawyers chosen as Law360's 2026 MVPs stand out from their peers by notching significant achievements in high-stakes litigation, complex global matters and record-setting transactions.

Expert Analysis

  • 2nd Circ. EFAA Ruling Shifts Employer Litigation Strategy

    Author Photo

    In Diaz-Roa v. Hermes Law, the Second Circuit recently held that, under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, employers can't carve out nonharassment claims and send them to arbitration, which has implications for discovery, litigation costs and resolution strategy in EFAA-covered disputes, say attorneys at Krevolin Horst.

  • DC Circ. Ruling Clarifies Standards For Buy America Waivers

    Author Photo

    The D.C. Circuit's recent decision to uphold a Federal Railroad Administration Buy America waiver offers clarifying guidance about assessing domestic availability, distinguishing manufacturing capabilities from future production plans and creating a well-supported administrative record, says Todd Overman at Bass Berry.

  • 3rd Circ. Ruling Opens Door For Fraud-On-The-Market Rethink

    Author Photo

    The Third Circuit's recent decision in Ocugen, holding that a stable stock price after publication of restated financials does not prove immateriality, could be a vehicle for the U.S. Supreme Court to overturn the doctrine undergirding certification of securities class actions, says Jonathan Richman at Brown Rudnick.

  • 5 Issues To Watch As Fed. Circ. Hears Moderna Vax IP Case

    Author Photo

    Upcoming oral arguments before the Federal Circuit in Arbutus v. Moderna will test whether patent liability protections for government contractors extend to vaccines distributed to the public, and the resolution of certain questions, such as how to define “for the government,” may be key to the outcome, say attorneys at Honigman.

  • PFAS Ruling Extinguishes A Policyholder Path To Coverage

    Author Photo

    Following an Ohio federal court's recent ruling in Fire-Dex v. Admiral Insurance, policyholders whose PFAS exposure is concentrated in workplace products will see bids for coverage fail under the occupational-disease exclusion, giving insurers a defense well suited for the category of claims that has been most resistant to pollution exclusions, say attorneys at Benesch.

  • When Insurer Insolvency Won't Trigger Excess Coverage

    Author Photo

    With its recent decision in A.R. Wilfley v. National Union Fire Insurance, the Colorado Supreme Court joins a growing national consensus enforcing clear and unambiguous anti-drop-down policy language in umbrella and excess policies, says Michael Kotula at Rivkin Radler.

  • How DC Circ. Ruling Permits Playacting Bribery Defense

    Author Photo

    The D.C. Circuit’s recent U.S. v. Burke decision appears to create a circuit split on whether prosecutors must prove public officials’ intent in bribery cases, and opens a gap between what appears to be corrupt conduct and what the law can reach, says Liz Aloi at MoFo.

  • Series

    Being In The Peace Corps Made Me A Better Lawyer

    Author Photo

    When I served in the Peace Corps, the people of the West African village where I was stationed helped me acclimate to my new surroundings and enabled me to develop problem-solving, teamwork and empathy skills that have bolstered my legal practice far beyond the ability to offer technical advice, says Brian Bewley at McGuireWoods.

  • Remote Work Ruling Clarifies Calif. Law Limits, With Caveats

    Author Photo

    Although a California state appeals court's recent decision in Saberin v. Alation confirmed that California employment laws do not operate extraterritorially merely because a company is headquartered in the state, employers shouldn't construe this as authorization to relocate decision-makers to circumvent statutory obligations, says Hallie Aylesworth at Sheppard.

  • EPA Rollback Puts Power Plant GHG Rules In Flux

    Author Photo

    The U.S. Environmental Protection Agency's recent actions on power plant greenhouse gas emissions create immediate implications for power plant operators and long-term regulatory uncertainty, while raising questions about the relationship between federal and state approaches to climate-related litigation, say attorneys at Van Ness Feldman.

  • What $5.7B Apple Verdict Reveals About Patent Risk

    Author Photo

    A California federal jury's recent $5.7 billion damages verdict against Apple exemplifies the enormous financial exposure that can occur when patent-infringing features are incorporated into many units, though the outcome is ultimately dependent on the strength of the underlying infringement, validity and damages theories, says Michael Dorfman at Barclay Damon.

  • Dissecting Dodd's, Gensler's Prediction Market Amicus Briefs

    Author Photo

    Former Sen. Chris Dodd and former U.S. Commodity Futures Trading Commission Chairman Gary Gensler's recent amicus briefs in support of New Jersey's petition for U.S. Supreme Court review of Kalshi v. Flaherty draw on legislative history to counter the CFTC's claim of federal preemption over the prediction markets, says Trace Schmeltz at Steptoe.

  • What Colo. High Court Will Weigh In Insurer Disclosure Case

    Author Photo

    In Bohanan v. Esurance, the Colorado Supreme Court will decide whether an insurance policy must be produced to a claimant notwithstanding the insurer's coverage position, and the court's interpretation of what "may be relevant to the claim," in the statute, will be paramount, say attorneys at Burg Simpson.

  • 6th Circ. Spotlights Cannabis Contract Enforceability Risks

    Author Photo

    The Sixth Circuit's recent reversal of a $31.8 million jury verdict against a subsidiary of cannabis giant Curaleaf highlights that state licenses do not necessarily provide the legal foundation needed to enforce contracts in federal court, which is a pattern that appears across many sectors, say attorneys at ArentFox Schiff.

  • Preventing HOA Bias After Wash. Ruling Highlights Risk

    Author Photo

    Because homeowners nationwide can now draw on precedent from a recent Washington state appellate decision holding that state antidiscrimination law forbids homeowners associations from biased enforcement of their rules, common-interest communities should immediately work to mitigate their expanded exposure to postsale fair housing liability, says Brett Sullivan at Fennemore.

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.