Appellate

  • May 01, 2026

    Media Matters Says Justices' New Ruling Secures Its FTC Win

    The U.S. Supreme Court just handed down a decision in favor of an anti-abortion pregnancy center that a left-leaning media watchdog says supports its argument that a district court had the power to block a Federal Trade Commission subpoena before the agency tried to enforce it.

  • May 01, 2026

    Fla. Jury Hears Menthol Smoker Succumbed To Addiction

    A Florida jury heard in opening arguments Friday that a woman who died of lung cancer after smoking R.J. Reynolds cigarettes was a victim of the severely addictive nature of nicotine, something her lawyers said even the U.S. surgeon general didn't acknowledge until 1988.

  • May 01, 2026

    Texas High Court Revives Delta-8 THC Restrictions

    The Lone Star State's health commissioner has the power to ban manufactured delta-8 THC goods, the Texas Supreme Court ruled Friday, lifting a lower court's order that had allowed hemp companies to keep selling these products while they sued the state.

  • May 01, 2026

    Boeing, DOJ Say No Need For Full 5th Circ. Review Of NPA

    Boeing and the federal government have said the full Fifth Circuit doesn't need to revisit a panel's decision declining to upend the U.S. Department of Justice's nonprosecution agreement with Boeing closing out allegations the American aerospace giant conspired to defraud safety regulators about its 737 Max jets.

  • May 01, 2026

    FTC, DOJ Say ABA Reliance Limits Law School Competition

    The Federal Trade Commission and the U.S. Department of Justice Antitrust Division told the Tennessee Supreme Court the American Bar Association's monopoly over law school accreditations is driving up the cost of legal education.

  • May 01, 2026

    2nd Circ. Urged To Remand Fed-Blocked Mortgage Program

    Major banking industry groups have urged the Second Circuit to remand to the Federal Reserve Board its order blocking a New York bank's proposed cash guarantee program for homebuyers, arguing the decision relied on a flawed legal interpretation that would effectively erase a key pathway for banks to pursue "complementary" nonbank activities.

  • May 01, 2026

    EV Battery Plant Fight Belongs In Arbitration, Ga. Panel Says

    The Georgia Court of Appeals on Friday said a trial court should have ruled that arbitration was the right venue for a case over millions in allegedly unpaid bills for construction work a subcontractor performed on a Georgia electric vehicle battery facility.

  • May 01, 2026

    Pa. AG Has No Place In Grid Project Fight, High Court Told

    Transmission developer Transource Pennsylvania LLC on Friday urged the U.S. Supreme Court to reject a plea by Pennsylvania's attorney general to intervene in Third Circuit proceedings that allowed the company's project to proceed despite its rejection by state utility regulators.

  • May 01, 2026

    Legal Meth Does Not Exist, 7th Circ. Says

    A Seventh Circuit panel upheld the conviction of an Illinois methamphetamine dealer who represented himself at trial, rejecting his argument that "some methamphetamine is legal," including the type he confessed to selling to police informants.

  • May 01, 2026

    1st Circ. Lets NH Emissions Program End During Appeal

    The First Circuit allowed New Hampshire to continue the repeal of its motor vehicle emissions inspection and maintenance program after a federal district judge preliminarily blocked the state from doing so, finding the state will likely prevail on appeal.

  • May 01, 2026

    5th Circ. Pauses Mail-Order Access To Abortion Pills

    The Fifth Circuit on Friday reinstated an in-person dispensing requirement for the abortion medication mifepristone, blocking mail-order access while a challenge to a Biden administration regulation brought by Louisiana officials moves forward.

  • May 01, 2026

    Fla. Panel Orders Resentencing Over Counsel Offer Error

    A Florida appeals court on Friday ruled that a woman found guilty of first-degree murder must be resentenced because she was not provided with a renewed offer for a lawyer after she represented herself during her trial.

  • May 01, 2026

    5 Argument Sessions Benefits Attys Should Watch In May

    HP, Siemens and Honeywell will defend victories in 401(k) forfeiture suits at the Ninth and Third circuits, while union pensioners will battle over life insurance and early retirement benefits at the Tenth and Seventh circuits. Here, Law360 looks at five coming oral argument sessions that benefits attorneys may want to keep an eye on.

  • May 01, 2026

    Split 4th Circ. Says 'Abandoned' Backpack Can Be Searched

    The Fourth Circuit has ruled that evidence recovered from a backpack discarded during a West Virginia police chase can be used as part of a federal drug possession case because the bag's owner forfeited a reasonable expectation of privacy by abandoning it.

  • May 01, 2026

    11th Circ. Backs NLRB In Row Over Plant Guards' Status

    The Eleventh Circuit on Friday affirmed the National Labor Relations Board's ruling that lieutenants who oversee guards at a Florida power plant are not union-ineligible supervisors, backing the board's finding that they don't use judgment when writing up lower-level workers.

  • May 01, 2026

    DOJ Asks 4th Circ. To Revive Children's Hospital Subpoena

    The U.S. Department of Justice is asking the Fourth Circuit to reverse a district court order quashing its subpoena of transgender minor records from Children's National Hospital in Maryland, arguing that the patients' families — who sued to block the subpoena — lacked standing to bring a HIPAA challenge.

  • May 01, 2026

    How Paul Clement Does It All

    For most lawyers, getting to argue before the U.S. Supreme Court is a once-in-a-lifetime event, but for a select few, it's a common occurrence. Clement & Murphy PLLC name partner Paul Clement is one of those lawyers. 

  • May 01, 2026

    Pizzeria Urges 6th Circ. To Strike Fed's Debit Swipe-Fee Cap

    A Kentucky restaurant is urging the Sixth Circuit to overturn the Federal Reserve Board's cap on debit-card swipe fees for large banks, arguing the cap was set too high and was wrongly upheld by a lower court last year.

  • May 01, 2026

    Texas Plastics Co. Seeks To Nix Full Captive Rules In 5th Circ.

    A plastics company is appealing a Texas district court's decision to partially vacate IRS regulations that listed captive insurance as potentially abusive tax avoidance schemes and will ask the Fifth Circuit to strike down the entire set of regulations, according to a notice.

  • May 01, 2026

    Texas Panel Finds No Shield For Paralegal From Stalking Suit

    A Texas appeals court has refused to throw out a suit from an attorney alleging a paralegal stalked, harassed and threatened her, finding that the paralegal's statements and communications aren't shielded by the Texas Citizens Participation Act.

  • May 01, 2026

    NY Court Nixes Assault Plea Over Unsuppressed Statements

    A New York City man sentenced to three years probation in 2022 for assault should have been allowed to suppress statements he made to an arresting officer, a New York appeals court has said, vacating his guilty plea.

  • May 01, 2026

    Ex-Bondi Adviser Tapped As Fraud Task Force's Chief Lawyer

    Ousted U.S. Attorney General Pam Bondi's former adviser is taking on a new role as general counsel for the White House's fraud task force.

  • April 30, 2026

    Defamation Litigation Roundup: Loomer, Patel, Carroll

    In this month's review of defamation fights, Law360 explores a Florida federal court ruling rejecting a suit by right-wing provocateur Laura Loomer against a popular comedian, as well as developments in a case by former real estate executives against a trade publication for reporting on sexual assault allegations against them.

  • April 30, 2026

    5 States Join Bid To Block $6.2B Nexstar-Tegna Merger

    Five states on Thursday joined a coalition of others who sued to challenge Nexstar Media Group Inc.'s then-proposed $6.2 billion merger with Tegna Inc., alleging in an amended antitrust complaint that the currently frozen deal will eliminate consumers' choices for local news and diminish diversity in news coverage.

  • April 30, 2026

    Mich. Appeals Court Revives Bounce House Back Injury Suit

    A Michigan court has revived a negligence suit brought by a 29-year-old man who claims he was seriously injured when he performed a backflip in a bounce house at an indoor children's amusement facility, saying a jury should decide if Family and Friends Funland should have had an employee supervising the inflatable playscape.

Expert Analysis

  • Series

    Mich. Banking Brief: All The Notable Legal Updates In Q1

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    Michigan's financial services sector saw several significant developments in 2026's first quarter, including the state Department of Insurance and Financial Services' issuance of a bulletin on the use of artificial intelligence and the Michigan House's introduction of a bill based on the Model Money Transmission Modernization Act, say attorneys at Dykema.

  • Pension Case Offers Entertainment Work Exception Insights

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    A recent Ninth Circuit decision clarified that any amount of entertainment work can satisfy the entertainment industry exception under the Multiemployer Pension Plan Amendments Act, reinforcing that statutory language, rather than evolving business models, dictates withdrawal liability outcomes, say attorneys at Seyfarth.

  • Justices' Ruling Stresses Quick Action Against Absconders

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    Following the U.S. Supreme Court's recent holding in Rico v. U.S. that a supervised release term is not automatically extended when a defendant absconds, probation officers and prosecutors risk being unable to address later violations if they don't act promptly to secure warrants, say attorneys at Winston & Strawn.

  • Justices May Hesitate To Limit Courts' Arbitration Review

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    Based on Monday's argument in Jules v. Andre Balazs, the U.S. Supreme Court seems poised to preserve federal jurisdiction over arbitral award enforcement stemming from actions originated in federal court, a holding that would markedly limit the court's 2022 Walters v. Badgerow decision, says Ashwini Jayaratnam at DarrowEverett.

  • Series

    Ultramarathons Make Me A Better Lawyer

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    Completing a 100-mile ultramarathon was tougher, more humbling and more rewarding than I ever imagined, and the experience highlighted how long-distance running has sharpened my ability to adapt to the evolving nature of antitrust law and strengthened my resolve to handle demanding, unforeseen challenges, says Dan Oakes at Axinn.

  • State FARA Laws Pose Unique Constitutional Challenges

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    Several states have recently enacted foreign agent registration and disclosure regimes that were modeled after the Foreign Agents Registration Act, but these state laws raise several constitutional questions, including concerns about preemption, speech and petition, and vagueness, says Alexandra Langton at Covington.

  • Series

    Pa. Banking Brief: All The Notable Legal Updates In Q1

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    The first quarter of 2026 brought several consequential developments for Pennsylvania financial institutions, including the state banking department's first assessment overhaul in 10 years, a bill prohibiting interchange fees on card transaction sales taxes and a federal appeals court's upholding of a $52 million enforcement action, say attorneys at Gross McGinley.

  • Determining When Engineered Biologics May Be Patentable

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    The Federal Circuit's recent decision in Regenxbio v. Sarepta, concluding that engineered cells with DNA from different organisms are not patent-ineligible natural phenomena, raises questions surrounding what framework courts will use to evaluate the patent eligibility of engineered biologics moving forward, says Robert Frederickson at Goodwin.

  • In First For DOJ, Action Signals New CFIUS Enforcement Era

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    The U.S. Department of Justice is seeking judicial enforcement of a divestment order, an unprecedented action for the agency that ushers in a new phase for the Committee on Foreign Investment in the United States, one in which judicial proceedings complement administrative oversight and presidential divestment orders may be enforced through litigation, says attorney Sohan Dasgupta.

  • 6th Circ. Can Extend Insurance Valuation Clarity Beyond Auto

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    In rehearing Clippinger v. State Farm, the Sixth Circuit can align itself with the recent drumbeat of other circuits rejecting class certification of auto total loss claims and set standards that apply to similar claims brought under homeowners and other types of insurance policies, say attorneys at Jackson Walker.

  • 9th Circ. Ruling Clarifies Doc Protection Limits In Gov't Probes

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    The Ninth Circuit's recent decision in Kalbers v. U.S. Department of Justice confirms that Rule 6(e) provides robust protections when documents are in the government's possession only through a grand jury subpoena, emphasizing for companies the importance of careful labeling from the outset of an investigation, say attorneys at Cooley.

  • Berk May Spur More Pushback Against Med Mal Gatekeeping

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    The U.S. Supreme Court’s recent decision in Berk v. Choy may appear to be a run-of-the-mill reminder that a federal procedural rule trumps its state counterpart, but it could inspire more challenges to state-created prerequisites to filing medical malpractice lawsuits, say attorneys at Decof Mega.

  • Getting The Most Out Of Learning And Development Programs

    Excerpt from Practical Guidance
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    Junior associates can better develop the legal, business and interpersonal skills they need for long-term success by approaching their firms’ learning and development programs armed with five tips for getting the most out of these resources, says Lauren Hakala at Reed Smith.

  • A Shift In Fed. Circ.'s Approach To Patent Summary Judgment

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    The Federal Circuit's recent decision in Range of Motion v. Armaid may come to be seen as a seminal opinion for potentially exposing and entrenching the Federal Circuit's movement away from its previous framework for identifying obvious noninfringement cases, says Nicholas Nowak at Nowak IP Group.

  • Considering The Risks That Arise When IP Outlives Its Owner

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    Federal and state court decisions show that the statutory regime for each category of intellectual property promises continuity after the owner's death, but the law does not provide a succession framework for how those rights are to be exercised, says Erin Daly at Daly Law & Strategy.

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