Appellate

  • July 13, 2026

    2nd Circ. Orders New Trial In NYPD Search, Prosecution Suit

    A Second Circuit panel on Monday ordered a new civil trial for four New York Police Department officers found liable for busting into an apartment without a warrant and arresting one of its occupants without cause, saying the district court erroneously refused to allow jurors to hear recordings of phone calls that cast doubt on the plaintiff's credibility.

  • July 13, 2026

    Custodia Urges Justices To Take Up Fed Master Account Fight

    Crypto-focused Custodia Bank is asking the U.S. Supreme Court to take up its challenge of a Tenth Circuit ruling that backed Federal Reserve banks' discretion to deny master accounts to otherwise eligible banks, arguing the decision empowers unappointed regional bank presidents to deny "disfavored" banks access to critical payment services.

  • July 13, 2026

    2nd Circ. Upholds Cumulus' Data-Tying Order Against Nielsen

    Nielsen cannot condition media company Cumulus' access to national radio ratings data on buying its local offerings, under a Second Circuit panel decision Monday upholding, and unpausing, a district court preliminary injunction, concluding that a 10-fold price increase for the standalone product likely amounted to anticompetitive coercion.

  • July 13, 2026

    SC City Urges Justices To Skip Beach-Gear Rental Case

    The city of North Myrtle Beach, South Carolina, is opposing a bid from a beach equipment rental company asking the U.S. Supreme Court to review its challenge to city ordinances it says violate the Sherman Antitrust Act.

  • July 13, 2026

    7th Circ. Won't Reopen White Infosys Workers' Bias Suit

    The Seventh Circuit refused Monday to revive a lawsuit alleging Infosys Technologies exhibited systemic bias against workers who weren't of South Asian descent, finding no issue with the trial court's rejection of an expert who admitted he lacked experience with the name-recognition methodology he used.

  • July 13, 2026

    NJ Justices Revamp Test For Certain Zoning Variances

    The New Jersey Supreme Court revised a decades-old legal test governing use variances for "inherently beneficial" projects, ruling Monday that applicants must show that a proposed development will not substantially impair a municipality's zoning plan before a zoning board balances the project's public benefits against its downsides.

  • July 13, 2026

    GOP States Back Bid To Restore Voter Database Expansion

    A group of Republican-led states is calling on the D.C. Circuit to stay a lower court decision vacating the Trump administration's changes to a database used to verify voters' citizenship or immigration statuses, saying that a number of state laws cannot be executed if Social Security number searches are not allowed.

  • July 13, 2026

    Software Co.'s Lack Of 'Diligence' Dooms Late TM Suit Update

    A North Carolina federal judge has faulted a software company's "lack of diligence" in submitting proper paperwork to the U.S. Patent and Trademark Office and notifying the court its trademark was canceled as the judge denied the company's request to amend its lawsuit against a European rival.

  • July 13, 2026

    J&J Asks 3rd Circ. To Block Return Of Ex-Worker's Fee Claims

    Johnson & Johnson has asked the Third Circuit to keep dismissed excessive fee claims out of a proposed class action alleging the company charged employees too much for a prescription drug benefits program, arguing that the lower court correctly tossed that portion of the suit for lack of standing.

  • July 13, 2026

    2nd Circ. Rejects Bid To End NYC's Congestion Pricing

    The Second Circuit on Monday upheld New York City's congestion pricing, rejecting two suburban counties' claims that Manhattan's congestion pricing tolls are discriminatory and unconstitutionally restrict motorists' right to travel.

  • July 13, 2026

    Government Backs Tax Evader's Higher Sentence At 4th Circ.

    A West Virginia federal judge correctly handed down an enhanced sentence to a real estate appraisal business owner convicted of failing to pay employment taxes, federal prosecutors told the Fourth Circuit, urging the court to affirm the court's sentence.

  • July 13, 2026

    Ill. Conforms Property Tax Law With High Court Takings Case

    Illinois updated parts of its property tax code to clarify that tax authorities cannot keep more than a debtor owes under a bill approved by Democratic Gov. J.B. Pritzker.

  • July 13, 2026

    7th Circ. Revives Teva Suit Over Eli Lilly Generic Drug Block

    The Seventh Circuit on Monday revived a breach-of-contract lawsuit against Eli Lilly, ruling that an earlier legal settlement under which Eli Lilly agreed not to block the approval and marketing of Teva Pharmaceuticals' generic version of its osteoporosis drug Forteo didn't necessarily expire when the underlying patents did.

  • July 13, 2026

    Fed. Circ. OKs Roku's PTAB Win Axing Ecolink Patent Claims

    The Federal Circuit on Monday upheld a decision from the Patent Trial and Appeal Board invalidating six claims of a "smart" alarm device patent that was challenged by Roku Inc.

  • July 13, 2026

    Hemp Co. Tells 7th Circ. To Leave RICO Case Buried

    Hemp product maker Urb Cannabis and its affiliates are urging the Seventh Circuit to leave intact the dismissal of a hemp seller's suit alleging that Urb's products were illegal and led to a police raid on his store, saying the racketeering claims are insufficient and fail to describe the conspiracy or identify its members.

  • July 13, 2026

    Blanche Hearing To Proceed After Graham's Death

    The Senate Judiciary Committee will still hold the confirmation hearing for Todd Blanche's nomination to be attorney general on Wednesday, despite the death of committee member Sen. Lindsey Graham, R-S.C., over the weekend. 

  • July 13, 2026

    Families Cite Geofence Ruling In Newborn Blood Testing Case

    A group of parents suing the state of Michigan over the way newborn blood samples are collected and stored has asked a federal judge to revive its claims by citing recently decided U.S. Supreme Court precedent over the use of bulk cellphone data by police.

  • July 13, 2026

    Javerbaum Wurgaft Beats Challenge To Defamation Suit Win

    New Jersey law firms posting about their cases and achievements are protected by the state's anti-SLAPP law, the state's Appellate Division ruled Monday in backing the dismissal of Holtec International's suit against Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins PC over a blog post about the firm's representation of a former Holtec executive.

  • July 13, 2026

    Fed. Circ. Removes Early Sales Ban In Door Patent Case

    The Federal Circuit on Monday again threw out a preliminary injunction barring sales of insulated doors while patent litigation over them plays out, ruling an Ohio federal judge wrongly found that the patent owner and a licensee were likely to prevail in the case.

  • July 13, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week handled disputes involving corporate control, post-closing competition, executive departures, arbitration awards and shareholder litigation.

  • July 13, 2026

    Fed. Circ. Revives Google Fight Against Voice Tech Patent

    The Federal Circuit on Monday gave Google a new chance to invalidate a patent covering a voice-operated internet browsing system, saying the Patent Trial and Appeal Board needs to take another look at the company's challenge.

  • July 13, 2026

    Mass. High Court Says Prevailing Wage Skips Routine Repairs

    Massachusetts' highest court ruled Monday that routine maintenance and repair work at a privatized wastewater treatment facility does not trigger prevailing wage protections under a state special act, finding the phrase "construction and design of improvements" carries a narrower technical meaning than the workers claimed.

  • July 10, 2026

    Biggest Illinois Decisions Of 2026: Midyear Report

    One of the biggest decisions to come down in Illinois so far this year applies a 2-year-old Biometric Information Privacy Act amendment retroactively in an appellate ruling experts anticipate will deflate settlement values even though it came from a federal court.

  • July 10, 2026

    Davis Wright Atty Hit With Sanctions After Winning Sanctions

    After defending six-figure sanctions of plaintiffs lawyers for "a reckless course of prolonging litigation," a Davis Wright Tremaine LLP attorney is facing his own six-figure sanctions, with a California magistrate judge finding he "unnecessarily burdened" opposing counsel despite warnings dating back years about "improper litigation tactics."

  • July 10, 2026

    Ill. Appeals Court Upholds $45M Talc Verdict Against J&J

    A split Illinois state appeals court on Friday refused to disturb a jury's verdict awarding $45 million to the family of a woman who developed mesothelioma and died after using Johnson & Johnson's talc baby powder for decades, ruling that her case warranted both wrongful death and shortened life damages.

Expert Analysis

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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

  • Securities Class Cert., 5 Years After Goldman Ruling

    Author Photo

    The U.S. Supreme Court's 2021 decision in Goldman Sachs Group v. Arkansas Teacher Retirement System has not only armed defendants in securities cases with more arguments in individual class certification fights, but may also be providing greater certainty and finality in class certification battles, say attorneys at Skadden.

  • Opinion

    Md., Colo. Climate Rulings Point To Need For Federal Solution

    Author Photo

    As the U.S. Supreme Court prepares to review the Colorado Supreme Court's 2025 ruling in Boulder County v. Suncor U.S. Inc., which green-lit a state-level climate lawsuit, a recent conflicting ruling from the Maryland Supreme Court underscores why a uniform federal answer on climate litigation is needed now, says Phil Goldberg at Shook Hardy.

  • High Court's FCC Ruling Adds To Comms Industry Paradox

    Author Photo

    The Supreme Court's recent decision in Federal Communications Commission v. AT&T, finding that the FCC's informal forfeiture process survives Seventh Amendment scrutiny, opens some doors for regulated entities, but the practical effect may be surprisingly constrained, says Jonathan Marashlian at The CommLaw Group.

  • Series

    Founding An Autism Academy Made Me A Better Lawyer

    Author Photo

    Starting a nonprofit autism school with no building, no funding model and no guarantee that families would trust us taught me the importance of mission, patience and purpose — lessons that sharpened my practice and showed how meaningful work outside the office can make lawyers better, says Phillip Russell at Ogletree Deakins.

  • Why Private Sector Should Watch Gov't DEI Firing Class Bid

    Author Photo

    Former federal employees' class certification attempt in Fell v. Trump is worth following, as their challenge of the Office of Personnel Management's elimination of DEI positions raises questions about commonality in employee classes and protections for nonminority advocacy that reach beyond the public sector, says Shaun Southworth at Southworth PC.

  • When Do Murals Qualify For IP Protection?

    Author Photo

    Artist Robert Wyland recently sued FIFA for painting over his 1999 "Ocean Life" mural to make room for a World Cup promotion in Dallas, spotlighting questions over the extent to which copyright law and the Visual Artists Rights Act protect different types of art, say attorneys at Armstrong Teasdale.

  • How Justices' Habeas Ruling Limits Compassionate Release

    Author Photo

    The U.S. Supreme Court's recent holding in Fernandez v. U.S. that a federal prisoner who challenges their conviction's validity must do so through habeas, not compassionate release, considerably narrows the universe of arguments that can support a sentence reduction, says attorney Elizabeth Franklin-Best.

  • The Banking Issue Hiding In Justices' Freight Broker Ruling

    Author Photo

    While the U.S. Supreme Court’s recent liability preemption ruling in Montgomery v. Caribe Transport was front-page news for the transportation industry, the banking industry seems to have missed that the decision exposes freight broker lenders to credit, documentation and litigation issues, say attorneys at Barack Ferrazzano.

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.