Appellate

  • October 30, 2026

    Fed. Circ. Backs Sonos In Google Encryption Patent Fight

    The Federal Circuit on Friday said it won't reinstate Google's allegations that Sonos infringed a wireless technology patent, agreeing with how a California federal judge interpreted key language in the patent when looking at two of the search engine giant's infringement theories.

  • October 30, 2026

    Up Next At High Court: Religious Liberty & Unpled Defenses

    The U.S. Supreme Court will begin its November sitting by hearing oral arguments in a case challenging the constitutionality of Colorado's universal preschool program and a dispute asking the justices to settle a circuit split over whether defendants in civil lawsuits can seek summary judgment based on unpled affirmative defenses.

  • October 30, 2026

    Google Search Judge 'Increasingly Concerned' By Fix Delays

    Nearly a year after issuing his final mandates ordering Google to prop up search engine rivals with data and syndicated search results, a D.C. federal judge expressed concern during a hearing Friday that the process of readying the monopolization fixes won by the U.S. Department of Justice continues to drag on.

  • October 30, 2026

    4th Circ. Probes Class Cert. In Utility Group 401(k) Fee Suit

    The Fourth Circuit on Friday wrestled with an electric utility trade group's bid to undo class certification of a suit alleging excessive fees were charged to a 401(k) plan comprising workers from hundreds of employers, weighing the impact of recent precedent that revoked certification in another retirement plan suit.

  • October 30, 2026

    3rd Circ. Judge Notes 'Privilege' Of Voting In Pa. Ballot Fight

    A Third Circuit judge said Thursday that he believed there was "no indefeasible individual right to vote," splitting from his colleagues in an appeal over fee awards in an election case to opine on collective rights, who can enforce them and who benefits from litigation over election rules.

  • October 30, 2026

    Fed. Circ. Upholds BeSang Patent, Keeps Micron Ruling Intact

    The Federal Circuit on Friday affirmed the Patent Trial and Appeal Board's rejection of Micron Technology's and Intel Corp.'s challenges to a BeSang Inc. computer memory patent, but also upheld a ruling that led BeSang to concede Micron doesn't infringe.

  • October 30, 2026

    Alleged Stalker's Car Search Lawful, Texas High Court Rules

    The highest criminal court in Texas has ruled that a man cannot suppress evidence that he had an illegal firearm in his car because a vehicle inventory taken by police did not violate his Fourth Amendment rights, even if the search did not follow department policy.

  • October 30, 2026

    $9.1M Fee Award Against ChromaDex Erased By Fed. Circ.

    The Federal Circuit Friday overturned a $9.1 million attorney fee award issued to Elysium Health Inc. stemming from a patent infringement case brought by ChromaDex and Dartmouth College, ruling that a district judge had not gone far enough in his patent eligibility analysis.

  • October 30, 2026

    Humanitarian Nonprofit Won't Face Sex Harassment Claims

    A California appeals court refused to revive claims that a former employee of actor Sean Penn's nongovernmental organization was sexually harassed on the job by a firefighter, concluding an arbitrator did not overstep when he found the worker had filed her case too late.

  • October 30, 2026

    Tesla Drivers Urge Full 9th Circ. To Save False Ad Class

    Drivers have asked the full Ninth Circuit to clarify the standard for certifying class actions accusing companies of deceptive advertising, saying they should be allowed to forge ahead with classwide claims alleging Tesla misled customers about the autonomous or self-driving capabilities of its vehicles.

  • October 30, 2026

    Theme Park Can't Short-Circuit Patron's Trip-And-Fall Case

    A split appellate panel refused to shut down a premises liability suit against a Georgia amusement park on Friday, unswayed by the company's claim that the walkway where the plaintiff tripped and fell amounted to an obvious hazard.

  • October 30, 2026

    Leonard Cohen Trustee Doesn't Need Court's OK To Sue Firm

    A California appellate court has affirmed its decision to reject an argument by the law firm Leonard Cohen hired for estate planning that it cannot be sued over its representation of the singer-songwriter's personal manager without a judge's permission.

  • October 30, 2026

    Groups Urge High Court To Maintain Halt Of Big Bend Wall

    A group of environmental advocates urged the U.S. Supreme Court to keep in place an order that blocked construction of barriers along the Big Bend border, arguing immigration officials exceeded their authority when they circumvented certain environmental laws.

  • October 30, 2026

    1st Circ. Affirms Toss Of Challenge To DHS Records Rule

    Counsel for asylum-seekers and immigrants facing removal lack standing to challenge a U.S. Department of Homeland Security policy requiring them to obtain their clients' immigration and visa records via the Freedom of Information Act rather than discovery, the First Circuit has found.

  • October 30, 2026

    Judge Opens Ethics Inquiry Into DOJ's Golf Course Candor

    A D.C. federal judge opened an inquiry Friday into whether Trump administration attorneys and officials violated their ethical obligations to the court when they repeatedly told her that there were no plans to close East Potomac Golf Course for an overhaul at President Donald Trump's behest.

  • October 30, 2026

    Tire-Makers Urge 6th Circ. Not To Revive Price-Fixing Suit

    Tire manufacturers including Bridgestone, Goodyear and Michelin have told the Sixth Circuit that a lower court was right to toss a price-fixing case against them after finding the COVID-19 pandemic was the likely cause of price increases, not a conspiracy.

  • October 30, 2026

    DOJ Backs Ex-Wisconsin Judge's ICE Obstruction Conviction

    The U.S. Department of Justice told the Seventh Circuit that the high-profile conviction of a former Wisconsin state court judge for interfering with an ICE arrest was not compromised by her position on the bench or by jury instructions.

  • October 30, 2026

    Defamation Litigation Roundup: Benny Johnson, Mariah Carey

    In this month's review of defamation fights, Law360 highlights separate lawsuits against two conservative political figures accused of sharing false and disparaging online content, one brought by a left-wing streamer and another by protesters of Immigration and Customs Enforcement activities in Illinois.

  • October 29, 2026

    9th Circ. Revives Tequila-Maker's TM Fight With Sutter Home

    The Ninth Circuit on Thursday reversed a ruling that blocked Roar Spirits LLC from registering two El Bandido Yankee tequila trademarks, holding that a reasonable factfinder could conclude that differences between El Bandido Yankee and Sutter Home Winery's Bandit boxed wine trademark make it unlikely consumers would confuse the brands.

  • October 29, 2026

    Texas Court Backs Mom's Consent To Search Son's Room

    The highest criminal court in Texas ruled Thursday that law enforcement were justified in believing they could search a man's bedroom without violating his Fourth Amendment rights because he lived at home with his mother, and she granted police access to search her entire home. 

  • October 29, 2026

    Utah Officials Say 10th Circ. Rightly Revived Psilocybin Case

    County and local officials in Provo City, Utah, urged the Tenth Circuit not to give a religious group a second chance at arguing that it shouldn't be prosecuted for using psilocybin in its practices, slamming the church's arguments as "overblown."

  • October 29, 2026

    WTA Appeals Ruling Keeping Tennis Antitrust Suit Alive

    The corporate and commercial entity that operates the Women's Tennis Association said Wednesday it will file an interlocutory appeal challenging a New York federal judge's ruling last month denying its bid to force antitrust claims brought by tennis players into arbitration.

  • October 29, 2026

    Colo. Justices Won't Review Hospital's Injunction Compliance

    The Colorado Supreme Court declined Thursday to take up transgender youth patients' challenge to a Denver judge's ruling that discharged their contempt citation against Children's Hospital Colorado for not resuming providing medical gender-affirming care to transgender adolescents.

  • October 29, 2026

    Panel Says Municipalities Can't Be Sued Under Colo. FCA Law

    In a matter of first impression, the Colorado Court of Appeals Thursday found that a municipality can't be held liable under the Colorado False Claims Act because a municipality isn't a "person" under the statute.

  • October 29, 2026

    7th Circ. Probes Trump's Challenge Of Ill. Sanctuary Laws

    The Seventh Circuit pressed the Trump administration Thursday to address how refusal by Illinois and other sanctuary jurisdictions to help federal officers take custody of immigrants leaving state jails amounts to unlawful interference with federal immigration law, while also expressing skepticism that such cooperation amounts to unconstitutional commandeering of local law enforcement resources.

Expert Analysis

  • 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.

  • Money Transmission Issue Looms For Prediction Markets

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    The circuit split recently created by the Ninth Circuit's ruling in Kalshi v. Assad has implications reaching beyond gaming regulation as, depending on the ultimate characterization of prediction market event contracts, platforms may face differing obligations under federal and state money transmission laws, say attorneys at Manatt.

  • The Deep Split Over Mandatory Detention, And What's Next

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    The government’s mandatory detention policy for noncitizens who entered the U.S. without inspection has led to a spate of decisions this year, with nine circuits rejecting the government's reading of the Immigration and Nationality Act against two that have accepted it, making the issue ripe for U.S. Supreme Court review, says attorney Kemal Hepsen.

  • Intersecting Investigation Risks Loom In Next Congress

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    Taken together, two July D.C. Circuit decisions and a recent U.S. Department of Justice opinion on executive privilege may affect the procedural defenses and privilege protections available to targets of oversight in the upcoming Congress, and companies should begin preparing now, say attorneys at WilmerHale.

  • Vanda Ruling Offers New Guide To Generic Labeling Disputes

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    The D.C. Circuit's recent decision in Vanda Pharmaceuticals v. U.S. Food and Drug Administration is significant for its guidance on when generic-drug labeling remains sufficiently similar to brand labeling and when a difference requires a statutory exception, says Shashank Upadhye at Upadhye Tang.

  • 9th Circ. Comet Ruling Spotlights Trade Secret Proof Burdens

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    The Ninth Circuit’s recent decision to vacate a $40 million verdict awarded to Comet Technologies in its trade secret dispute with XP Power underscores how the burden of proof differs between federal and state law, giving litigants a fresh perspective on several issues, including how a jury should be instructed, say attorneys at Cooley.

  • Attorneys Using AI May Have Ethical Duty To Redact Docs

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    The trajectory of legal ethics guidance in recent years strongly suggests that as redaction technology becomes more accessible, the failure to use it when uploading highly confidential materials into artificial intelligence tools will become increasingly difficult to defend as reasonable, say attorneys at Lewis Brisbois.

  • Minn. Ruling Expands Insureds' Right To Independent Counsel

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    If upheld on appeal, a recent decision by a Minnesota appellate court — Fabyanske Westra Hart & Thomson v. Western National Mutual Insurance — will give Minnesota policyholders a stronger basis to demand independent counsel when an insurer accepts a defense under a reservation of rights, say attorneys at Stoel Rives.

  • Series

    Juggling And Unicycling Make Me A Better Lawyer

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    Because I juggle (sometimes with fire) and ride the unicycle, friends and family used to joke that I should join the circus, but I pursued the practice of law instead and learned that my hobbies benefit my profession in several important ways, says Morgan Eddy at Smith Currie.

  • The Future Of DOL Judge Removal Challenges After Slaughter

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    The U.S. Supreme Court's recent ruling in Trump v. Slaughter calls into question whether U.S. Department of Labor administrative law judges exercising significant governmental authority remain insulated from presidential removal, but the answer depends on the governing statute, its severability provisions and other factors, says Mark Ishu at Conn Maciel.

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