Appellate

  • November 04, 2026

    4 Argument Sessions For Benefits Attys To Watch In Nov.

    JPMorgan Chase & Co. will defend its win in a 401(k) forfeiture suit at the Ninth Circuit, Aetna will ask the Second Circuit to push a multiemployer health plan's suit into arbitration, and the Tenth Circuit hears from pharmacy benefit managers who want an opioid nuisance battle moved to federal court. Here, Law360 looks at four arguments that benefits attorneys may want to keep an eye on in November.

  • November 04, 2026

    1st Circ. Sees Mass. Promise To Robinhood As 'Cold Comfort'

    First Circuit judges on Wednesday appeared sympathetic to Robinhood's bid to have a federal court determine if Massachusetts can regulate prediction markets, with two judges calling the state's temporary promise not to sue the fintech platform "cold comfort." 

  • November 04, 2026

    6th Circ. Backs UAW, Ford Win In Discrimination Suit

    The Sixth Circuit on Wednesday refused to revive a former Ford employee's lawsuit claiming that the United Auto Workers failed to properly represent him after he was wrongfully terminated, ruling that the claims he lodged against the company and the union are time barred.

  • November 04, 2026

    Mass. Justices Doubt Nantucket's Rationale For PFML Denial

    Massachusetts' highest court appeared to push back Wednesday on assertions by Nantucket that it cannot implement the state's Paid Family and Medical Leave Act for employees of the island enclave, despite a town meeting vote, because some of its unions have not agreed to bargain over the cost.

  • November 04, 2026

    9th Circ. Won't Rehear Kalshi's Nevada Sports Betting Fight

    The Ninth Circuit on Wednesday rejected Kalshi's request to rehear its dispute with the state of Nevada, following a panel decision that cleared the way for the state's gaming regulators to pursue the prediction market platform over its sports event contracts.

  • November 04, 2026

    Lender Says Del. Court Wrongly Voided $20M Loan Liens

    A lender urged the Delaware Supreme Court on Wednesday to revive its claim to $20.4 million in security interests tied to loans to collapsed technology company Bitwise Industries, saying a contract protected it even if the company's executives lacked authority to pledge real estate as collateral.

  • November 04, 2026

    Full 11th Circ. Won't Reconsider Ga. Easement Value Cut

    The Eleventh Circuit denied three Georgia partners' requests for the full court to review a panel's split decision to slash the value of a conservation easement they donated from $18 million to $1 million, saying no judges sought a rehearing.

  • November 04, 2026

    States Ask DC Circ. To Revisit DOE Coal Plant Order Ruling

    A West Virginia-led coalition urged the full D.C. Circuit to revisit a panel ruling scrapping a U.S. Department of Energy order directing a retiring coal-fired power plant to remain open, arguing it improperly limited the department's powers "at a hard moment for the grid."

  • November 04, 2026

    5th Circ. Backs NLRB Bargaining Order For Hyatt Operator

    The Fifth Circuit has upheld a National Labor Relations Board decision ordering a Texas Hyatt hotel operator to bargain with a UNITE HERE local, ruling that the company failed to establish that the union interfered with the employees' free choice when they voted for representation.

  • November 03, 2026

    Incumbents Reelected In Michigan Supreme Court Race

    Michigan Supreme Court Justices Megan Cavanagh and Noah Hood appear to have won reelection Tuesday, preserving the six-justice Democratic majority on the high court.

  • November 03, 2026

    Dems To Win 1st Texas Supreme Court Seats In Over 30 Years

    Voters were on track early Wednesday to breaking a decadeslong streak for Republicans by electing Democrats to the Texas Supreme Court for the first time in more than 30 years, with all four Democratic challengers on their way to unseating the Republican incumbents.

  • November 03, 2026

    3 Wash. Supreme Court Justices Poised To Keep Seats

    Three incumbent Washington State Supreme Court justices held off challengers in Tuesday's election, and King County Superior Court judges emerged as front-runners for two other open spots on the state high court, according to preliminary results.

  • November 03, 2026

    Democratic Senate Flip Reshapes Trump's Judicial Outlook

    Democrats winning control of the U.S. Senate on Tuesday leaves the Trump administration a narrow window to fill dozens of judicial vacancies under a Republican majority, with key GOP lawmakers saying they will use the lame-duck session to confirm as many conservative judges as possible.

  • November 03, 2026

    NY AG Letitia James Defeats Holtzman Vogel Partner

    New York Attorney General Letitia James on Tuesday won a third term by defeating Holtzman Vogel partner Saritha Komatireddy.

  • November 03, 2026

    Justice Earls Keeps NC Supreme Court Seat In Win For Dems

    Incumbent Justice Anita Earls preserved her seat on the North Carolina Supreme Court on Tuesday, delivering Democrats a key victory in their effort to reclaim a majority on the state's highest court.

  • November 03, 2026

    Fla. Panel Told Stormwater Plan Disregards Clean Water Law

    West Palm Beach asked a Florida state appeals court on Tuesday to rescind a permit for a stormwater management project along a forest preserve, saying a regional agency failed to consider state legislation strengthening water quality standards. 

  • November 03, 2026

    4th Circ. Keeps CIA Officers' Appeal Rights In DEI Firing Suit

    All but one of the Fourth Circuit's judges voted to deny the federal government's request for an en banc rehearing of a panel's split decision that allowed CIA officers to appeal terminations that were allegedly due to their involvement with assignments related to DEI and accessibility, according to a Tuesday order.

  • November 03, 2026

    Ga. Court Affirms Toss Of $7.5M Verdict In Patient Death Suit

    A Georgia appeals court on Tuesday affirmed a trial judge's decision to wipe out a jury's $7.5 million verdict against healthcare providers accused of negligently discharging an emergency room patient who was later hit and killed by a car, saying the plaintiffs failed to prove the providers' alleged negligence caused the death.

  • November 03, 2026

    States, Others Back Argentina Sovereign Immunity Challenge

    Fourteen states, a U.S. senator from Missouri and others are urging the U.S. Supreme Court to reverse a Second Circuit decision overturning a New York judge's $16 billion judgment against Argentina in a case that arose from its nationalization of YPF SA, the country's largest oil and gas exploration company.

  • November 03, 2026

    NJ Panel Revives Damages Over $36K Campaign Wire Error

    A New Jersey appellate panel held that Valley National Bank, as subrogee for state Sen. Jon Bramnick's campaign, is entitled to punitive damages in its third-party complaint against JPMorgan Chase Bank NA and others seeking the repayment of $36,000 mistakenly deposited in the wrong account, finding that the parties that received the funds ignored repeated requests to return them.

  • November 03, 2026

    Youth File Fresh Appeal In Colo. Hospital Gender Care Suit

    Transgender youth patients of Children's Hospital Colorado have brought yet another challenge to a judge's discharge of their contempt citation against the hospital for not resuming providing them medical gender-affirming care, this time asking the Colorado Court of Appeals to weigh in on whether the hospital complied with an injunction.

  • November 03, 2026

    Troops Urge Justices To Delay Review Of Military Trans Ban

    A group of transgender servicemembers have asked the U.S. Supreme Court to decline to review the Trump administration's ban on transgender individuals serving in the military for now, saying the government's current appeal of a narrow circuit court ruling against the policy is premature and incomplete.

  • November 03, 2026

    Justices Seem Open To Colo. Catholic Schools' Bias Claims

    The U.S. Supreme Court appeared receptive Tuesday to a push by Catholic parishes to be exempted from a requirement under Colorado's universal preschool program that ties funding to the acceptance of a nondiscrimination mandate, with Justice Brett Kavanaugh saying the case poses a "clash" between religious and LGBTQ+ rights.

  • November 03, 2026

    2nd Circ. Denies Kalshi, Coinbase Enforcement Shields

    A Second Circuit panel on Tuesday rebuffed separate bids by Kalshi and Coinbase to temporarily shield their sports contracts from New York and Connecticut gambling regulators after the judges appeared unconvinced by the platforms' attempts to draw lines between sports event contracts and sports bets.

  • November 03, 2026

    Past Losses Haunt Colo.'s Universal Preschool Law Defense

    For eight years, Colorado has repeatedly met a skeptical U.S. Supreme Court when defending antidiscrimination laws against religious objectors. Now, that poor track record seems likely to doom the state's latest attempt to protect its universal preschool program's equal opportunity mandate from Catholic challengers.

Expert Analysis

  • Opinion

    Calif. Bill Goes Too Far In Trying To Regulate Attorney AI Use

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    California’s first-in-the-nation act regulating how attorneys and arbitrators use generative artificial intelligence will likely soon become law, but read broadly, the provisions may dissuade lawyers from employing AI at all, thereby depriving them of key work tools, says Joshua Wurtzel at Schlam Stone.

  • Wis. Coverage Ruling Rejects Strict Ensuing Loss Test

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    In Cincinnati Insurance v. Ropicky, the Wisconsin Supreme Court recently examined the relationship between an insurance policy's construction defect exclusion and ensuing loss exception, providing policyholders support in claiming that an additional cause may produce covered damage despite an excluded condition being part of the loss sequence, says Alexander Hopkins at SDV Fenchurch.

  • The Preemption Gap In Prediction Market High Court Petitions

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    The Supreme Court is considering three certiorari petitions following a split in prediction market litigation between the Third and Ninth circuits, but one of the petitions would not allow the court to reach the express preemption question, which would leave the dispute half-resolved, says Jordan Garman at Withers.

  • 5th Circ. Embedding Decision Could Recast Copyright Claims

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    The Fifth Circuit's decision in Emmerich v. Particle Media addresses decades of ambiguity surrounding whether embedded content can constitute copyright infringement, potentially affecting how defense counsel fight against such claims, say attorneys at Greenberg Glusker.

  • A Texas Ruling May Offer Guidance On Freight Broker Liability

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    The U.S. Supreme Court's decision in Montgomery v. Caribe Transport removed federal preemption defenses to freight broker negligent-selection claims, and a July verdict in Texas against C.H. Robinson raised further questions about how brokers can achieve compliance — but another recent Texas decision involving Home Depot may offer some answers, say attorneys at Baker Donelson.

  • 9th Circ. Ruling Raises Bar For Arbitration Pacts Via Email

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    The Ninth Circuit's recent holding in Rickes v. Thermo Fisher that the mere delivery of an email doesn't establish an employee's assent to the arbitration agreement underscores that rollout processes should both give employees notice of the agreement and create evidence of their assent, say attorneys at Sullivan & Cromwell.

  • Opinion

    Fed. Circ. Should Redefine Functionality In Design Patents

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    The Federal Circuit should establish a framework for identifying the relevant article of manufacture to which functionality analysis applies, in order to enhance doctrinal clarity and better reflect the statutory foundations of design patent law, say attorneys at Knobbe Martens.

  • 9th Circ. Ruling Marks New Chapter In Risk Factor Tug-Of-War

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    The Ninth Circuit's recent dismissal of a securities fraud class action against SunPower is the latest in a growing line of cases addressing whether, if ever, a company's risk factor disclosures can give rise to potential liability, an area where the law remains unsettled, say attorneys at Alston & Bird.

  • Where AI Patent Risk Begins And How Records Can Help

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    The Federal Circuit's recent decision in Dental Monitoring v. Align highlights the importance of documenting how artificial intelligence-assisted inventions work, and how humans contributed, as such records can support inventorship, written description, eligibility and definiteness requirements, say attorneys at Sterne Kessler.

  • Harvard Morgue Deal Shows Stakes Of Good Faith Immunity

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    Harvard's recent $53 million payment to settle lawsuits concerning body part thefts from its medical school morgue spotlights the state’s Uniform Anatomical Gift Act, which only extends good faith immunity to anatomical donation stakeholders if certain conditions are met, says Christina Strong at Dilworth Paxson.

  • 4 Words In A 1980 Law Could Redraw Bank Lending

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    The Tenth Circuit's interpretation of a single phrase in the Depository Institutions Deregulation and Monetary Control Act could reshape interstate bank lending, requiring banks and fintechs to document loan-making functions, monitor repayment triggers, and reassess true lender and contractual risks, say attorneys at Sheppard.

  • Series

    Law School's Missed Lessons: Cultivating Good Judgment

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    Law schools generally overlook the role that solid judgment skills play in real-world practice, but attorneys can bridge the gap by strengthening their abilities to assess a case’s strengths and weaknesses, develop and execute effective strategies, and provide clear recommendations to clients, says Manny Caixeiro at Venable.

  • New Del. Corp. Law's Technical Tweaks Bring Broad Changes

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    While the new amendments to the Delaware General Corporation Law, which took effect on Aug. 1, appear technical, they have broad implications for wound-down corporations and carry personal exposure for whoever signed the certificate of dissolution, hinting at where entity law is heading next, says Ashwin Ram at Buchalter.

  • 5th Circ. Ruling Hints At Loper Bright's Effect On OSHA Suits

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    The Fifth Circuit's recent decision in Exxon Mobil v. Occupational Safety and Health Review Commission relied on Loper Bright to narrow the scope of illnesses that employers must record, signaling that courts may continue to scrutinize agency assertions that deference is due, say attorneys at Ogletree.

  • Loper Bright Unlikely To Upend DEA Rescheduling Challenges

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    As cannabis industry stakeholders await a U.S. Drug Enforcement Administration ruling on broader cannabis rescheduling, the U.S. Supreme Court's 2024 decision in Loper Bright to eliminate judicial deference to agency decisions should not dramatically affect cannabis rescheduling litigation risk, but it could marginally strengthen proponents' hand if the DEA denies rescheduling, say attorneys at Dentons.

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