Appellate

  • July 28, 2026

    Texas Panel Says Sysco Can't Arbitrate Driver Injury Claim

    A Texas appeals court on Tuesday found that Sysco USA I Inc. cannot compel arbitration in a delivery driver's injury suit, as the driver is exempt from the Federal Arbitration Act as a transportation worker.

  • July 28, 2026

    340B Appellate Cases To Watch In The 2nd Half Of 2026

    Drugmakers are pressing appellate judges in the back half of 2026 to strike down state laws blocking them from restricting 340B contract pharmacy arrangements. Law360 Healthcare Authority has the cases to watch.

  • July 28, 2026

    Nielsen Says 2nd Circ. Ruling Makes Courts Price Regulators

    Nielsen has asked the Second Circuit to reconsider a ruling upholding an injunction in a case from Cumulus accusing it of tying sales of its national radio ratings data to its local offerings, telling the appeals court the ruling turns judges into price regulators.

  • July 28, 2026

    Minn. Schools' Hail Damage May Be Covered, 8th Circ. Says

    The Eighth Circuit revived a Minnesota school district's suit seeking coverage for hail damage to the roofs of two schools, finding that the damage may fall outside a cosmetic damage exclusion if it weakened the roofs' ability to withstand the elements to the same extent as before the storm.

  • July 27, 2026

    7th Circ. Revives Suit Over Chobani's 'Sugar Free' Labeling

    The Seventh Circuit Monday resurrected a proposed class action claiming Chobani misled customers by labeling its yogurt as "sugar free," ruling that the naturally occurring sweetener in the yogurt constitutes a sugar under federal regulation and thus the customers have plausibly alleged consumer deception.

  • July 27, 2026

    Wash. Panel Revives Island Health Wage, Break Class Action

    A Washington Court of Appeals panel has reinstated a worker's proposed class action accusing public hospital district Island Health of denying employees meal breaks and illegally rounding time worked when calculating wages, finding Monday that a trial court wrongly concluded the claims must be arbitrated under a union agreement.

  • July 27, 2026

    US Reps Tell DC Circ. ICE Oversight Notice Policy Is Unlawful

    Lawmakers have urged the D.C. Circuit to affirm a pause on a policy requiring seven days' notice for congressional oversight visits to immigration detention facilities, saying a lower court correctly held they could challenge the policy and would likely succeed.

  • July 27, 2026

    Speech Concerns Could Sink Maine Lobster Fishers' Suit

    A panel of First Circuit judges Monday closely scrutinized the Maine lobster industry's lawsuit over a sustainable seafood report that told consumers to avoid lobster, raising doubts that the lobster fishers can overcome a bar on group defamation claims. 

  • July 27, 2026

    NY AG Urges 2nd Circ. To Deny Kalshi Sports Bet Ban Shield

    New York regulators urged the Second Circuit to deny Kalshi's request for an emergency order that would allow the prediction market company to continue conducting business in New York while its challenge to the state's gambling laws is resolved, arguing the company's operations are both prohibited and predatory.

  • July 27, 2026

    Fed. Circ. Clears Boston Scientific In $49M Stent Patent Case

    The Federal Circuit on Monday overturned a $49.4 million patent judgment against Boston Scientific, ruling that the company's drug-eluting coronary stents did not infringe a patent owned by the University of Texas System and that the patent is invalid.

  • July 27, 2026

    7th Circ. Asked To Clarify Copyright Prevailing Party Status

    A man who successfully defended himself from being held liable for damages when he was sued by a food photography company that claimed his photo of raw meat on Facebook counted as copyright infringement has asked the Seventh Circuit to find that he's the "prevailing party" for purposes of seeking attorney fees.

  • July 27, 2026

    11th Circ. Won't Revive Cop's Sex Harassment Lawsuit

    The Eleventh Circuit declined to revive a former detention deputy's sexual harassment and malicious prosecution lawsuit against two officers with the Seminole County Sheriff's Office, affirming a Florida district court's decision to free the sheriff and a sergeant from the suit.

  • July 27, 2026

    Railroads, Feds Spar Over Train Crew Size Rule In 11th Circ.

    Railroads have told the Eleventh Circuit that the Federal Railroad Administration failed to properly justify its 2024 two-person train crew rule, saying the agency flip-flopped from its previous determination that such a rule was unnecessary.

  • July 27, 2026

    4th Circ. Says Inmate Can Represent Himself At Sentencing

    The Fourth Circuit held Monday that the Sixth Amendment rights of a South Carolina man were violated when a judge denied him the ability to represent himself during sentencing because he did not make the request prior to the start of his drug-trafficking trial.

  • July 27, 2026

    Mich. Justices Reject Federal Double Jeopardy Rule

    The Michigan Supreme Court has significantly expanded the state's constitutional protection against double jeopardy, finding prosecutors can be barred from retrying a criminal defendant following a mistrial, even if they did not specifically intend to provoke the defense into requesting one. 

  • July 27, 2026

    Conn. Panel Says Bad Atty Advice Warrants New Murder Trial

    A Connecticut appeals court granted a new trial to a man convicted of murder after finding that during initial plea negotiations, an attorney representing him gave him bad advice on whether his codefendant would testify in his case.

  • July 27, 2026

    11th Circ. Nixes Disinfectant-Spraying Worker's ADA Suit

    The Eleventh Circuit refused Monday to reopen a now-deceased Georgia county employee's lawsuit alleging she was fired for taking precautions to protect herself during the COVID-19 pandemic due to her health problems, concluding she was let go for spraying co-workers with disinfectant rather than her disabilities.

  • July 27, 2026

    Conn. Justices Clarify Guilt-Inference Jury Instructions

    The Connecticut Supreme Court placed new guardrails around consciousness-of-guilt jury charges in criminal trials, refusing Monday to rewrite model instructions or toss a conviction but cautioning trial judges to convey the positions of both prosecutors and defendants in a "neutral and balanced" manner.

  • July 27, 2026

    DC Circ. Overturns Its Own Holocaust Art Ruling

    The D.C. Circuit has substantially vacated its ruling ending long-running litigation brought by the descendants of a Hungarian Jewish art collector seeking the return of a priceless art collection looted by the Nazis, citing the passage of a new law.

  • July 27, 2026

    Google Can't Get 2nd Try At Eliminating Network-1 Patent

    A New York federal judge has denied Google's request for a second attempt at invalidating a patent asserted by a patent licensing company, rejecting its arguments that a Federal Circuit decision from last month made another try necessary.

  • July 27, 2026

    Fertilizer Biz Asks Justices To Reverse Idaho Tribal Land Swap

    An Idaho agribusiness is asking the U.S. Supreme Court to undo a Ninth Circuit decision that invalidated a U.S. Department of the Interior land transfer over tribal concerns of contamination from a planned fertilizer plant expansion, arguing the ruling undermines the country's food security, thousands of jobs and millions in economic activity.

  • July 27, 2026

    NJ Justices Set 3rd-Party Legal Fee Rules In Criminal Cases

    The New Jersey Supreme Court on Monday set forth parameters for third-party legal fee arrangements in criminal cases, upholding a murder conviction on the grounds that no conflict of interest resulted from a state witness paying his lawyer and finding that third‑party payments don't create per se conflicts of interest.

  • July 27, 2026

    Ga. Gov. Appoints Attys To Judgeship, DA Roles

    Georgia Gov. Brian Kemp has appointed a Dodd & Burnham partner and the managing partner of Walker Hulbert Gray and Moore LLP to serve as Superior Court judges and two attorneys as district attorneys.

  • July 27, 2026

    10th Circ. Upholds Colo.'s $3-A-Day Rental Car Fee

    The Tenth Circuit upheld Colorado's up-to-$3-a-day congestion impact fee on short-term vehicle rentals Monday, ruling that the charge falls on consumers rather than airport rental car companies.

  • July 27, 2026

    Hemp Co. Says DEA Defied Farm Bill By Banning HHC

    A North Carolina hemp company challenging the legality of a recent U.S. Drug Enforcement Administration rule designating a psychoactive hemp-derived compound as a Schedule I substance has told the Fourth Circuit that the agency defied Congress when it issued the rule.

Expert Analysis

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q2

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    The year's second quarter brought several notable banking law developments to New York, including a proposal to align state stablecoin rules with the federal Genius Act, fresh fair lending and cybersecurity guidance from state regulators, and a significant Second Circuit holding on preemption, say attorneys at Ashurst Perkins Coie.

  • PacifiCorp Ruling Shows Limits Of Aggregate Wildfire Loss Models

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    An Oregon appeals court's recent decision in James v. PacifiCorp illustrates that in litigation involving multiple wildfires, materially different causation theories, and evidence tied to particular fires and locations, a single undifferentiated damages model is vulnerable to attack, say Paige Van Oosten and Jason Kim at Hunton and Kevin Cahill at FTI Consulting.

  • Roundup

    The Most Talked-About Supreme Court Decisions Of 2026

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    This term, 11 U.S. Supreme Court decisions quickly became hot topics among Law360's guest writers.

  • A New Defense For Medicaid Fraud Cases In Texas

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    The Texas Supreme Court decision in LabCorp v. Texas last month, finding that the state's False Claims Act requires proof that an omission is material, is among the first to establish that the government's lack of reaction to the defendant's disclosures rendered alleged omissions immaterial, say attorneys at Sheppard.

  • Fighting The Evidentiary Risks Of Deepfakes In Court

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    Though courts and federal rules are only slowly developing frameworks for assessing digital evidence that could have been created or generated by artificial intelligence, litigators should understand what steps they'll likely need to take to successfully challenge potentially deepfaked exhibits — and fight questions about the authenticity of their own, say attorneys at MoFo.

  • Justices' Cuba Ruling Narrowly Recasts Sovereign Immunity

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    The U.S. Supreme Court recently allowed Exxon Mobil's bid for $1 billion in damages for Cuban-seized property to proceed, but the ruling's doctrinal significance is in treating the Helms-Burton Act as a later, specific and self-contained statutory displacement of the default jurisdictional immunity regime, says Josep Galvez at 4-5 Gray's Inn.

  • 'Tiger King' Funeral Clip Ruling Offers Fair Use Road Map

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    The Tenth Circuit's decision in Whyte Monkee v. Netflix that the streaming service's use of another party's funeral footage in the docuseries "Tiger King" constituted fair use lays out a framework for producers to apply the four statutory fair use factors to their own projects, says Frank D’Angelo at Loeb & Loeb.

  • Justices Stand On Statutory Specifics In Cisco And Landor

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    With its June 23 decisions in Cisco Systems Inc. v. Doe and Landor v. Louisiana Department of Corrections and Public Safety, the U.S. Supreme Court doubled down on the critical point that the statute invoked in a federal claim must authorize a private lawsuit and the remedy sought, says Patrick Judd at Phelps Dunbar.

  • Justices' Concurrences Foretell Fault Line On Appeal Waivers

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    The U.S. Supreme Court recently ruled 8-1 in Hunter v. U.S. that appeal waivers that produce a miscarriage of justice are unenforceable, but the decision's concurrences indicate future divisions over whether this exception will be used as a rare safety valve or to police ordinary but troubling plea errors, say attorneys at RJO.

  • How Montgomery Ruling Will Affect Cos. Across Supply Chain

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    Since the U.S. Supreme Court's May 14 decision in Montgomery v. Caribe Transport II, the immediate focus has been on freight brokers and negligent carrier-selection claims, but the ripple effects may extend to shippers, logistics providers, insurers, transportation managers and other participants in the supply chain, say attorneys at Quintairos Prieto.

  • High Court's FCC Fine Ruling Reframes Agency Enforcement

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    The U.S. Supreme Court's recent decision in Federal Communications Commission v. AT&T sweeps aside uncertainty about what kinds of regulatory enforcement trigger a Seventh Amendment right, say attorneys at Squire Patton.

  • How 6th Circ. Tightened NLRB Injunction Standard

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    The Sixth Circuit's recent ruling in Kerwin v. Trinity Health Grand Haven Hospital, dissolving a Section 10(j) injunction obtained by the National Labor Relations Board against an employer that refused to bargain, will make it harder for the NLRB to obtain injunctions while prosecuting unfair labor practice proceedings, say attorneys at Bass Berry.

  • After Durnell, Connecting Science And Causation Will Be Key

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    The U.S. Supreme Court's June 25 decision in Monsanto v. Durnell narrowed label-based failure-to-warn claims — meaning that going forward, viable theories will depend even more on whether experts can reliably connect scientific evidence to the causal proposition the law requires, says Alex Smolak at Weill Cornell Medicine-Qatar.

  • Series

    Choral Singing Makes Me A Better Lawyer

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    Singing in the New York City Bar Chorus — a hobby partly inspired by the late U.S. District Judge Richard Owen, who infused my clerkship year with opera music — has improved my legal career by refining my abilities to listen, exude confidence and develop emotional intelligence, says Bonnie Baker at Friedman Kaplan.

  • Attorney Mental Health Is An Ethical Obligation In The AI Era

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    As attorneys cope with the increasing unpredictability that artificial intelligence and constant policy changes have created, particularly in practice areas where they carry the emotional weight of clients’ most consequential life events, otherwise soft discussions about self-care are a matter of professional competence, says attorney Jack Jrada.

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