Appellate

  • November 06, 2026

    Wood 'Farm' Not Agricultural For Zoning, Mass. Court Says

    A Massachusetts wood processing business that imports the majority of its timber from other sites cannot escape zoning regulations under agricultural or "right to farm" exceptions, the state's intermediate-level appeals court said Friday.

  • November 06, 2026

    Defeated Texas Justice Being Considered For Federal Bench

    With the clock ticking on Republicans' control of the Senate, President Donald Trump is considering putting a Texas Supreme Court justice who just lost reelection on the federal bench.

  • November 06, 2026

    10th Circ. Lifts Block On New NCAA Eligibility Rule

    The Tenth Circuit on Friday reversed a lower court's preliminary decision that would have granted another year of eligibility to thousands of NCAA athletes, finding that the trial judge erred by defining the relevant market for antitrust review as all Division I athletics in the United States.

  • November 05, 2026

    Kartri Infringed Curtain Patents But Not Willfully, Judge Rules

    A New York federal judge on Thursday let stand a ruling that a shower curtain distributor infringed patents for hookless curtains, but determined that the infringement was not willful and cleared the curtains' manufacturer of infringement, more than a year after the Federal Circuit overturned a $4 million judgment against them.

  • November 05, 2026

    Colo. Panel Clarifies Reach Of Noncompete Statute

    Colorado employers may face penalties if they try to enforce a void noncompete agreement entered into before a recent law change on these restrictive covenants, a state appellate court held Thursday in a ruling of first impression.

  • November 05, 2026

    Tesla Wins New Trial Bid After $42.5M Crash Verdict

    The Indiana Supreme Court has ordered a new trial on whether Tesla can be held vicariously liable for a motorcycle crash caused by an employee driving a company truck, finding a jury should determine whether the worker was acting in the scope of his employment when he struck the motorcyclist.

  • November 05, 2026

    5th Circ. Pushes Texas To Explain ESG Energy Boycott Law

    A Fifth Circuit panel pushed the state of Texas to explain how a law restricting state investments with businesses that want to cut their reliance on fossil fuels passes constitutional muster, saying Thursday there "seems to be an arbitrariness" in the law.

  • November 05, 2026

    Ritz-Carlton Loses Bid To Cut $122M Colo. Tax Assessment

    A Colorado Court of Appeals panel affirmed a $122 million assessment of a Ritz-Carlton timeshare location, finding that Colorado law doesn't recognize the fractional-ownership model used at the Colorado mountain property.

  • November 05, 2026

    Fla. Panel Rejects Arbitration Bid In $10M Investment Suit

    A Florida appeals court Wednesday declined to order arbitration in a dispute between a Swiss private trust company and an asset manager over a $10 million investment, saying there was no indication the parties were bound to an underlying arbitration clause.

  • November 05, 2026

    DOJ Says Bannon Trial Was Unfair In Push To Toss Conviction

    Federal prosecutors Thursday renewed their bid to vacate Steve Bannon's contempt-of-Congress conviction and dismiss the indictment with prejudice, telling a Washington, D.C., federal judge they have significant doubts about the fairness of his trial because circuit precedent barred him from arguing he had not "willfully" defied a congressional subpoena.

  • November 05, 2026

    In Moderna Row, Fed. Circ. Mulls What's 'For The Government'

    The Federal Circuit on Thursday took a critical look at a lower court's decision concluding that Moderna had to face Arbutus' infringement claims over its COVID-19 vaccines, with one judge repeatedly asking why Moderna's vaccine efforts weren't "for the government" within the meaning of a statutory shield for contractors.

  • November 05, 2026

    Mich. Woman Says Ousted Atty Can't Appeal For State

    A woman who was charged with involuntary manslaughter in an unusual citizen-initiated criminal prosecution after her son crashed his car, killing his passenger, has asked a Michigan state appeals court to rebuff a private attorney's attempt to restore his role as special prosecutor pursuing the case on behalf of the victim's family.

  • 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.

Expert Analysis

  • Fighting Class Cert. In Wash. False Email Promo Cases

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    Retailers facing a recent wave of class actions alleging their email promotions violated the Washington Commercial Electronic Mail Act may be able to demonstrate that sending individualized, customer-specific messages produced experiences too diverse to be adjudicated on a classwide basis, say attorneys at Benesch.

  • Calif. Decision Shows Limits Of Self-Serving Testimony

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    A California appellate court's recent opinion in a dispute between two home renovation partners is a reminder that where there are admissions or undisputed documentary evidence, litigants need more than self-serving testimony to overcome summary judgment, says Tyler Palmer at Tucker Ellis.

  • Where The 3 Prediction Market Appellate Rulings Diverge

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    Although the recent Third, Sixth and Ninth Circuit opinions concerning prediction markets overlap on some issues, they differ on key statutory questions, deepening a circuit split over both the classification of sports event contracts and the scope of federal preemption, says Levi Giovanetto at Sheppard.

  • Health Plan Takeaways After 2nd Circ. No Surprises Act Ruling

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    While the Second Circuit's recent ruling in East Coast Advanced Plastic Surgery v. Cigna gives health plans breathing room in finding that healthcare providers cannot enforce out-of-network billing dispute resolution awards in court, sponsors should not assume that declining to pay awards will go unaddressed by regulators, say attorneys at Thompson Hine.

  • 8th Circ. Ruling Limits Receiver Insurance Recovery Rights

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    The Eighth Circuit's recent ruling in King v. Texas Insurance illustrates a practical limit on receivership powers: A receiver may marshal insurance proceeds belonging to the estate but cannot expand the insured's contractual rights or make policy proceeds collectible unless the coverage triggers are satisfied, say attorneys at Kutak Rock.

  • Series

    Mentalism Makes Me A Better Lawyer

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    Convincing strangers I can read their minds may seem like an unusual second career for a legal practitioner, but both disciplines share several important requirements, including trust and preparation, says Warren Biro at Manatt.

  • Perspectives

    Illinois Should Vacate Convictions Tainted By Racist Counsel

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    After the Illinois Supreme Court’s recent suspension of a public defender’s law license over racist online threats, prosecutors should move to vacate the convictions of every Black client he represented, as an attorney’s racial animus is a serious conflict of interest akin to structural error, says Adam Murphy at Fordham Law.

  • W.Va. Case Could Be An Existential Threat To Citizen Suits

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    Environmental citizen suits supplement enforcement by federal agencies that can't be in all places at all times — but litigants in a West Virginia federal court are arguing that such suits are unconstitutional, and those arguments could gain ground in the current legal landscape, says David Romine at Langsam Stevens.

  • Why And How To Build A Neurodiversity-Informed Practice

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    By better understanding neurodiversity and implementing simple accommodations for clients with autism, ADHD or learning differences, attorneys can build stronger relationships with those who may otherwise struggle to obtain and benefit from legal services, while developing good habits that will benefit everyone they represent, says Ting Cheung at Sanford Heisler.

  • Series

    Illinois Banking Brief: All The Notable Legal Updates In Q3

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    Recent banking developments in Illinois include significant new consumer protection legislation, three meaningful Seventh Circuit decisions, and a high-profile constitutional challenge to the state's new digital asset tax, say attorneys at Barnes & Thornburg.

  • New Suits Raise Stakes After 7th Circ. 'Zero Sugar' Ruling

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    The Seventh Circuit's recent ruling in Franco v. Chobani that "zero sugar" claims on allulose-sweetened products are not preempted has sparked a wave of lawsuits, and companies can no longer assume that federal allulose guidance is a safe harbor, say attorneys at Bradley Arant.

  • Patent Eligibility Bulletin: Claim Solutions, Not Results

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    In the third quarter of the year, two Federal Circuit decisions illustrated that claims sharing the same disclosure can fall on opposite sides of the patent eligibility line, depending on the specific nuances of tech patents' claims, says Reilley Keane at Banner Witcoff.

  • Prediction Market Case Tests Novel Insider Trading Theory

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    The government's argument in its case against a soldier accused of using classified information to bet on Venezuelan President Nicolás Maduro's capture would represent a sea change in how insider trading wire fraud has been prosecuted for decades, says Alex Blanchard at Holland & Knight.

  • 3 Illinois Updates That Bolster Mortgage Lender Enforcement

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    Illinois lenders can use clarifications from recent legislative and judicial developments — a law defining the limitations period for home equity loans and two rulings on quiet title actions and lien expirations during foreclosures — to sharpen their enforcement tools and better protect their mortgage rights, says Stephanie Mulcahy at Hinshaw.

  • Series

    Mich. Banking Brief: All The Notable Legal Updates In Q3

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    We are at an inflection point for Michigan financial services law, with a state Supreme Court decision recently overruling more than 25 years of precedent on the Michigan Consumer Protection Act, and pending legislation that could significantly shift the regulatory landscape, say attorneys and advisers at Dykema.

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