Appellate

  • July 08, 2026

    Top 5 Immigration Court Rulings Of 2026: Midyear Report

    President Donald Trump's immigration agenda has largely prevailed in federal courts so far this year, with one glaring exception: when the U.S. Supreme Court struck down his birthright citizenship executive order as unconstitutional. Here, Law360 examines five of the year's most significant decisions in immigration litigation so far.

  • July 08, 2026

    3rd Circ. Wonders If Pipeline Approval Passed CWA Muster

    The Third Circuit on Wednesday pressed New Jersey's environmental regulator to show that the revived Northeast Supply Enhancement pipeline plan complied with the Clean Water Act, considering it lacked details about how state water quality standards would be monitored.

  • July 08, 2026

    Split 3rd Circ. Revives UPMC Doc's Suit Over Anti-DEI Article

    The Third Circuit partly revived a University of Pittsburgh Medical Center cardiologist's lawsuit over the professional backlash he faced for publishing an article criticizing race-based "affirmative action" in choosing medical students, with the court majority calling his bosses' reaction a defamatory "hit job."

  • July 08, 2026

    9th Circ. Says Netflix Harassment Suit Belongs In Arbitration

    A former Netflix employee must arbitrate her lawsuit alleging the streaming giant fired her for raising concerns about its sexually charged office environment, with the Ninth Circuit ruling Wednesday that her dispute began before a law banning mandatory arbitration of sexual harassment claims took effect.

  • July 08, 2026

    Sam Smith Says Song IP Suit Fails Without Proof Of Access

    Pop singers Sam Smith and Normani and their record labels are seeking a favorable ruling in a suit claiming the 2019 song "Dancing With a Stranger" was copied from an older song with a similar name, saying that song's authors were unable to show how the defendants accessed it.

  • July 08, 2026

    Trump's $5M Loss Ordered To Be Paid Out To E. Jean Carroll

    It's time for President Donald Trump to pay a $5 million jury verdict finding he sexually abused writer E. Jean Carroll in a department store dressing room, a New York federal judge ruled on Wednesday, after the U.S. Supreme Court refused to take up the case.

  • July 08, 2026

    Mich. Justices Void LSD User's Rape Confession, Order Retrial

    The Michigan Supreme Court has granted a new trial to a man convicted of sexually assaulting his friend while on LSD, saying jurors should not have heard testimony that the defendant confessed while he was still confused and intoxicated.

  • July 08, 2026

    Authors Must Wait To Appeal Meta AI Order In 'Tidy Package'

    Authors suing Meta Platforms Inc. will have to wait to appeal a judge's order that the tech giant's use of their works to train its Llama large language model was fair use, as the judge decided Wednesday to wait until the issue can be presented along with other cases in a "tidy package."

  • July 08, 2026

    Energy Litigation To Watch In The 2nd Half Of 2026

    The energy litigation landscape for the rest of 2026 features high-profile lawsuits over climate change, including a potential moment of truth for climate tort litigation, as well as challenges to Trump administration efforts to boost fossil fuel development. Here are several energy-related lawsuits on attorneys' radar for the second half of the year.

  • July 08, 2026

    Immigration Board Rejects Asylum Tied To Conscription

    The Board of Immigration Appeals said a fear of conscription alone was not enough to establish that a Russian man was a refugee facing persecution in his home country, overturning an immigration judge's decision that granted him asylum.

  • July 08, 2026

    11th Circ. Says Classic Car Coverage Limitations Are Valid

    A specialty auto policy limiting uninsured motorist coverage to accidents that occur in a covered classic car is enforceable under Alabama law because it operates in tandem with a standard auto policy that satisfies statutory coverage requirements, the Eleventh Circuit ruled on Wednesday.

  • July 08, 2026

    1st Circ. Backs Gov't Probe Of Sex Offender's File Sharing

    The First Circuit said a Massachusetts man convicted of possessing child sexual abuse material did not have a reasonable expectation of privacy in his activity on an anonymous peer-to-peer file-sharing network, affirming a district court's ruling.

  • July 08, 2026

    5th Circ. Says Green Groups Lack Standing In LNG Fight

    A new Fifth Circuit ruling declining to review a case brought by environmental groups for lack of standing has paved the way for a deepwater liquefied natural gas project, the U.S. Department of Justice said on Wednesday.

  • July 08, 2026

    Day Pitney Can't Be Cut Off From New Counsel, Client Says

    A former Connecticut chief justice's ethics gaffe cannot preclude fellow lawyers at Day Pitney LLP from communicating with new counsel for John B. Clinton, a private equity management firm owner locked in a 13-year-old, $1.3 million corporate windup lawsuit, Clinton has urged a Connecticut state court judge to conclude.

  • July 08, 2026

    Morgan & Morgan Malpractice Fight Won't Get Another Review

    The Georgia Court of Appeals has rejected Morgan & Morgan PA's bid to challenge a trial court ruling denying the firm's summary judgment motion in a legal malpractice case brought against it by clients seeking representation in a personal injury action.

  • July 08, 2026

    8th Circ. Dismisses Appeal In US Bank Pension Fight

    The Eighth Circuit on Wednesday agreed to dismiss an appeal from a proposed class of U.S. Bank retirees who claimed their early retirement payments were unlawfully reduced, after retirees told the court earlier this month they had opted not to pursue revival of their federal benefits dispute.

  • July 08, 2026

    Biggest Rulings For Patent Attys In 2026: A Midyear Report

    The U.S. Supreme Court clarified the pleading standard for induced infringement of skinny labels, and the Federal Circuit opened the door to increased damages for patent owners. Here's what you need to know about these patent cases and other major decisions from the beginning of 2026.

  • July 08, 2026

    4 Colorado Cases To Watch For The Rest Of 2026

    A federal judge's ruling on whether the Trump administration can move U.S. Space Command's headquarters from Colorado to Alabama and a jury's determination of liability for a private prison operator in a forced labor class action are among the Colorado court cases to watch in the coming months. Here, Law360 looks at four Colorado cases to watch for during the rest of 2026.

  • July 08, 2026

    Florida Cases To Watch In The 2nd Half Of 2026

    New lawsuits over ChatGPT's role in a mass shooting on a Florida campus and a U.S. Supreme Court case that could upend most criminal trials in Florida are some of the litigation that the state's attorneys will be watching in the second half of 2026. ​​​​​​​Here, Law360 takes a look.

  • July 07, 2026

    6th Circ. Says MillerKnoll Owns Rights To Iconic Lamp Design

    The Sixth Circuit Tuesday refused to disturb a lower court's decision awarding intellectual property rights for late designer George Nelson's iconic bubble lamp to furniture company MillerKnoll, ruling that a 2006 royalty agreement authorized the company to use and own those rights.

  • July 07, 2026

    Entrepreneur Can't Sue Over Ex-Worker's Hill Testimony

    The D.C. Circuit on Tuesday nixed a multimillionaire executive's defamation suit against a former employee whose testimony to Congress helped secure passage of a law barring the arbitration of sexual assault and harassment claims, litigation that also sought to undo an arbitral award favoring the former employee.

  • July 07, 2026

    Webuild Wants Justices' Input In Row Over In-State Property

    Webuild has pressed the Third Circuit to delay sending a case over a $140 million arbitral award against the Italian construction giant back to lower court as it seeks U.S. Supreme Court review of a circuit decision reviving a Chilean company's bid to enforce the award.

  • July 07, 2026

    2nd Circ. Backs Judge's Immigration Cooperation Condition

    A Second Circuit panel on Tuesday said a New York federal judge reasonably imposed a supervised release condition that would require a Salvadoran citizen sentenced to prison in connection with an MS-13 gang shooting to cooperate with immigration authorities.

  • July 07, 2026

    Illinois Cases To Watch In 2026: Midyear Report

    Mead Johnson is set to go to trial this summer in the first case to make it to a jury in multidistrict litigation claiming baby formula caused a serious gut illness in premature infants, while the U.S. attorney's office in Chicago is facing a possible sanctions hearing over prosecutorial misconduct allegations in two Illinois cases on attorneys' radar for the rest of the year.

  • July 07, 2026

    5th Circ. Presses Ericsson Insurers On Terrorism Suit Defense

    A Fifth Circuit panel pushed insurers to explain why they should be allowed to avoid covering the defense of Ericsson Inc. against claims the company funded foreign terrorist organizations, asking Tuesday if Ericsson knew the money it gave out "was going to kill Americans."

Expert Analysis

  • Google Antitrust Case Puts Spotlight On De Facto Exclusivity

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    Mozilla's recent amicus filing in U.S. v. Google arguing that its agreement to make Google the default search engine did not amount to de facto exclusivity highlights the growing debate over traditional indicators of exclusivity, with implications for any business that uses rebates, preferred contracts or volume incentives, says Chris Gowen at WilmU Farnan School of Law.

  • Justices' Montgomery Ruling Doesn't Expand Shipper Liability

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    Whether negligent hiring liability claims against shippers will increase after the U.S. Supreme Court's decision last month in Montgomery v. Caribe Transport II is anyone's guess, but the ruling itself will have no impact on shippers' actual liability in personal injury claims relating to trucking accidents, says Ronald Leibman at McCarter & English.

  • GHG Rescission Undermines State Climate Suit Preemption

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    As the U.S. Supreme Court considers the fate of state climate litigation in Suncor Energy Inc. v. Boulder County, it must confront the fact that the U.S. Environmental Protection Agency's rescission of its greenhouse gas endangerment finding has also removed the foundation for federal preemption of state climate suits, says attorney Gregg Goldfarb.

  • 3rd Circ. Decision Sheds Light On BIPA Bank Exemption

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    The Third Circuit's recent decision in McGoveran v. Amazon illuminates how courts are extending the Illinois Biometric Information Privacy Act's financial institution carveout beyond banks and insurers to technology vendors and other businesses handling biometric data, a defendant-friendly shift that still casts uncertainty around BIPA's enforcement, say attorneys at Dorsey & Whitney.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • Series

    Moshing Makes Me A Better Lawyer

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    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • High Court Ruling Casts Doubt On Status-Based Gun Bans

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    The U.S. Supreme Court’s recent ruling in U.S. v. Hemani demonstrates that the justices are increasingly skeptical of broad theories of categorical disarmament and clarifies that dangerousness cannot simply be presumed from one's status or membership in a statutory category, such as illegal drug use, says Lee Francis at Widener Law.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

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    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • Steps For Employers After 7th Circ. BIPA Retroactivity Ruling

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    The Seventh Circuit's recent ruling in Clay v. Union Pacific sharply limits per-scan statutory damages theories in pending Biometric Information Privacy Act cases by retroactively applying a 2024 amendment, but employers should not mistake the holding for a broad safe harbor, say attorneys at Thompson Coburn.

  • How NEPA Review Has Changed Since Seven County

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    A year after the U.S. Supreme Court's decision in Seven County Infrastructure Coalition v. Eagle County instituted major changes to judicial review under the National Environmental Policy Act, courts are effectively applying the decision, but where things go from here may be up to agencies and project proponents, say attorneys at Venable.

  • A Midyear Look At Antiterrorism Act Jurisprudence And Policy

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    Plaintiffs have filed comparably fewer new actions under the Antiterrorism Act this year, though a handful of key decisions further defined the statute’s aiding-and-abetting standard and highlighted continuing risks for financial services companies, say attorneys at Skadden.

  • Justices' ICA Ruling Provides Certainty For Regulated Funds

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    The U.S. Supreme Court's recent ruling in FS Credit v. Saba that a contract-rescission provision of the Investment Company Act does not provide investors with a private right of action is a victory for the regulated fund industry, emphasizing that where Congress intended to create private remedies, it did so expressly, say attorneys at Simpson Thacher.

  • Justices' Obstruction Ruling Clears Venue-Challenge Path

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    While the U.S. Supreme Court’s recent ruling in Abouammo v. U.S. poses venue challenges for federal obstruction of justice prosecutions, it is a gift for defense counsel because it offers a clean, constitutional basis to challenge venue where a place of falsification and a place of investigation diverge, says Liz Aloi at MoFo.

  • Drawing A Line Between Settlement Pressure And Extortion

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    U.S. v. Luo, pending in the U.S. District Court for the Southern District of New York, may force courts to address anew when settlement negotiations become criminal extortion, particularly in the age of easily fabricated digital evidence, says attorney Denis Kiely.

  • Recent Cases Clarify When Risk Disclosures Trigger Liability

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    Several recent decisions highlight circumstances where risk disclosures can constitute actionable misrepresentations, providing clarity on how the Private Securities Litigation Reform Act's safe harbor and the common-law bespeaks caution doctrine apply to risk disclosures, and how publicly traded companies can guard against such claims, say attorneys at Katten.

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