Appellate

  • July 30, 2026

    9th Circ. Reverses Hologenix CEO's Tortious Interference Loss

    A Ninth Circuit panel reversed a $2.5 million judgment Thursday against Hologenix CEO Seth Casden by finding a district court erred in ruling the executive is not immune from a tortious interference claim while also reversing a Lanham Act disgorgement award totaling nearly $3 million.

  • July 30, 2026

    Split 4th Circ. Says NC Vape Sale Limits Pass Preemption Test

    A divided Fourth Circuit on Thursday refused to block a new North Carolina law that regulates and prohibits the sale of certain e-cigarette or "vape" products, saying a coalition of vape retailers and manufacturers are not likely to prevail on their theory that the statute is preempted by federal law.

  • July 30, 2026

    Enbridge Loses 7th Circ. Wis. Trespass Row, Gets $5.2M Redo

    The Seventh Circuit upheld a decision holding that Enbridge Energy is trespassing on Wisconsin tribal lands, but vacated and remanded a $5.2 million restitution order and timeline for a portion of the Line 5 pipeline's removal, saying the company needs a "reasonable opportunity" to complete the proposed reroute.

  • July 30, 2026

    Valve Scores Quick Appeal In Gamer Arbitration Clause Fight

    A Seattle federal judge on Thursday granted Valve Corp.'s bid for a quick appeal of an order declining to halt antitrust arbitrations brought by hundreds of individual gamers, pausing the litigation for the video game developer to seek the Ninth Circuit's input on whether the arbitrations can proceed under its subscriber terms.  

  • July 30, 2026

    Disney, Cameron Get 'Avatar' Sequels IP Suit Nixed, For Now

    A California federal judge Thursday tossed an author's suit accusing the Walt Disney Co., film director James Cameron and Cameron's production company of ripping off the author's work to create "Avatar" movie sequels, saying any substantial similarities between the works should be better fleshed out should the writer amend his complaint again.

  • July 30, 2026

    Tesla Tells Justices USPTO Is 'Gutting' Patent Reviews

    Tesla Inc. has become the latest company to ask the U.S. Supreme Court to review limits that the U.S. Patent and Trademark Office has put on patent challenges, arguing that the office is "gutting" the review system created by the America Invents Act.

  • July 30, 2026

    Health Plans Ask 2nd Circ. To Revive Celgene Cancer Drug Row

    Health plans and pharmacies backed by Cigna are asking the Second Circuit to revive a proposed class action alleging Bristol-Myers Squibb Co. and its Celgene subsidiary fraudulently obtained patents, filed sham lawsuits and paid off generic-drug makers to maintain a monopoly on the blockbuster blood cancer drug Pomalyst.

  • July 30, 2026

    Wells Fargo Can't Collect $4M 'Stranger' Policy, 8th Circ. Says

    The Eighth Circuit on Thursday upheld a ruling that an insurer does not have to pay out a $4 million life insurance policy to Wells Fargo Bank NA, finding the policy taken out on the now-deceased man was void because it was obtained through a scheme meant to benefit investors.

  • July 30, 2026

    2 More Circuits Reject No-Bond Rule For Interior ICE Arrests

    Split Seventh Circuit and Ninth Circuit panels ruled Thursday that noncitizens arrested in the interior U.S. cannot be detained without bond, joining four other circuits that have rejected the Trump administration's policy of subjecting these noncitizens to mandatory detention.

  • July 30, 2026

    PLO Asks Justice Sotomayor To Halt $655M Terror Judgment

    The Palestine Liberation Organization has asked the U.S. Supreme Court to stay enforcement of a $655.5 million terrorism judgment, saying the Second Circuit had no power to revive a decade-old award that had already become legally void.

  • July 30, 2026

    11th Circ. Revives Nonprofit's Bias Suit Over COVID Grants

    The Eleventh Circuit on Wednesday revived part of a Florida nonprofit's suit challenging the denial of two COVID-19 relief grants, finding that the group had sufficiently alleged it was discriminated against because of racial bias and its association with a pan-African movement.

  • July 30, 2026

    Wash. Justices Say University Owed Duty In Hazing Death Suit

    The Washington State Supreme Court said in a 5-4 ruling Thursday that Washington State University had a duty to protect a student who died of alcohol poisoning following a hazing ritual at an off-campus party, including by taking steps to ensure fraternities were following rules against alcohol misuse and hazing.

  • July 30, 2026

    4th Circ. Urged To Keep Trump Trans Health Orders Blocked

    A group of transgender individuals and advocacy groups urged the Fourth Circuit to uphold a nationwide injunction they won against Trump administration executive orders banning federal funding of gender-affirming care for individuals under the age of 19.

  • July 30, 2026

    8th Circ. Agrees Chartreuse Color Can't Save Hose Maker's TM

    The Eighth Circuit on Thursday declined to revive a trademark that was asserted in a case brought by a water hose manufacturer against a competitor, agreeing with a federal judge who ruled the chartreuse color of the hoses was a functional feature and therefore invalidated the trademark.

  • July 30, 2026

    Fla. Panel Says Gun Selfie Was Fair Evidence In Murder Case

    A Florida state appellate court upheld a murder conviction for a man sentenced to life in prison for the shooting death of a woman over several pairs of sneakers, ruling that a selfie of the shooter brandishing a handgun wasn't prejudicial in the case. 

  • July 30, 2026

    8th Circ. Revives Iowa Vape Restrictions Law

    Iowa can start enforcing a state law that restricts the sale of some e-cigarettes, after the Eighth Circuit on Thursday determined that the policy was not preempted by federal tobacco law and overturned a lower court's ruling that blocked officials from implementing it.

  • July 30, 2026

    Resolution Copper Creates $54M Trust For Ariz., NM Tribes

    Resolution Copper Co. said it established a $54 million trust that will provide annual funding to 11 Indigenous nations that have cultural and ancestral ties to a sacred Arizona worship site that's facing destruction to make way for a multibillion-dollar mining operation.

  • July 30, 2026

    Fed. Circ. OKs Samsung Win Over Patent Tied To $81M Award

    The Federal Circuit on Thursday upheld a Patent Trial and Appeal Board decision invalidating a patent covering standard-essential 5G wireless network technology that Samsung was directed to pay $81 million for infringing, rejecting G+ Communications LLC's procedural and evidentiary arguments.

  • July 30, 2026

    Split NJ High Court Backs Walmart In Snowy Lot Injury Suit

    The New Jersey Supreme Court ruled Thursday that Walmart didn't create the "unusual circumstances" required to make it liable for injuries suffered by a customer who slipped on a snowy parking lot, drawing a sharp dissent from justices who said the majority's take shunned case law and "bedrock tort principles" and misread case law.

  • July 30, 2026

    Minn. Sued Over Dairy Expansion Environmental Review

    Advocacy groups in Minnesota are suing the state over its decision not to provide a government document that outlines the potential environmental effects of the proposed West River Dairy expansion, arguing significant impacts to air and water quality were ignored.

  • July 30, 2026

    Skechers Can't Run From Manufacturer Tax, Mass. Court Says

    Skechers must pay nearly $200,000 in back excise taxes and interest, a Massachusetts intermediate appellate court said Thursday, rejecting the shoe brand's argument that it is not a manufacturer.

  • July 30, 2026

    WDTX Jury Awards $1.5M In Lighting Patent Retrial

    A Texas federal jury has awarded Chinese company Jiaxing Super Lighting almost $1.5 million in damages from rivals found to have infringed an LED tube lamp patent, a year after the Federal Circuit ordered a new trial.

  • July 30, 2026

    5th Circ. Upholds Plea Term Requiring Mental Health Meds

    The Fifth Circuit has ruled that a Texas man still cannot overturn a special sentencing condition requiring him to take prescribed mental health medication even despite the U.S. Supreme Court granting the man's appeal and setting a new standard for exceptions to appeal waivers in plea deals.

  • July 30, 2026

    6th Circ. Orders Look At IRS Resignation Deal In Bias Suit

    An Ohio federal court must decide whether an IRS worker gave up her disability bias and retaliation claims against the U.S. Treasury Department in a resignation agreement, a split Sixth Circuit panel ruled, refusing to weigh the merits of an appeal she brought before entering the deal.

  • July 30, 2026

    2nd Circ. Revives Decongestant 'Maximum Strength' Claims

    The Second Circuit on Thursday revived claims in multidistrict litigation alleging makers of oral decongestants misled consumers by labeling their products as "maximum strength," while finding the bulk of the remaining claims were preempted by federal regulation.

Expert Analysis

  • A Midyear Look At Antiterrorism Act Jurisprudence And Policy

    Author Photo

    Plaintiffs have filed comparably fewer new actions under the Antiterrorism Act this year, though a handful of key decisions further defined the statute’s aiding-and-abetting standard and highlighted continuing risks for financial services companies, say attorneys at Skadden.

  • Justices' ICA Ruling Provides Certainty For Regulated Funds

    Author Photo

    The U.S. Supreme Court's recent ruling in FS Credit v. Saba that a contract-rescission provision of the Investment Company Act does not provide investors with a private right of action is a victory for the regulated fund industry, emphasizing that where Congress intended to create private remedies, it did so expressly, say attorneys at Simpson Thacher.

  • Justices' Obstruction Ruling Clears Venue-Challenge Path

    Author Photo

    While the U.S. Supreme Court’s recent ruling in Abouammo v. U.S. poses venue challenges for federal obstruction of justice prosecutions, it is a gift for defense counsel because it offers a clean, constitutional basis to challenge venue where a place of falsification and a place of investigation diverge, says Liz Aloi at MoFo.

  • Drawing A Line Between Settlement Pressure And Extortion

    Author Photo

    U.S. v. Luo, pending in the U.S. District Court for the Southern District of New York, may force courts to address anew when settlement negotiations become criminal extortion, particularly in the age of easily fabricated digital evidence, says attorney Denis Kiely.

  • Recent Cases Clarify When Risk Disclosures Trigger Liability

    Author Photo

    Several recent decisions highlight circumstances where risk disclosures can constitute actionable misrepresentations, providing clarity on how the Private Securities Litigation Reform Act's safe harbor and the common-law bespeaks caution doctrine apply to risk disclosures, and how publicly traded companies can guard against such claims, say attorneys at Katten.

  • Securities Class Cert., 5 Years After Goldman Ruling

    Author Photo

    The U.S. Supreme Court's 2021 decision in Goldman Sachs Group v. Arkansas Teacher Retirement System has not only armed defendants in securities cases with more arguments in individual class certification fights, but may also be providing greater certainty and finality in class certification battles, say attorneys at Skadden.

  • Opinion

    Md., Colo. Climate Rulings Point To Need For Federal Solution

    Author Photo

    As the U.S. Supreme Court prepares to review the Colorado Supreme Court's 2025 ruling in Boulder County v. Suncor U.S. Inc., which green-lit a state-level climate lawsuit, a recent conflicting ruling from the Maryland Supreme Court underscores why a uniform federal answer on climate litigation is needed now, says Phil Goldberg at Shook Hardy.

  • High Court's FCC Ruling Adds To Comms Industry Paradox

    Author Photo

    The Supreme Court's recent decision in Federal Communications Commission v. AT&T, finding that the FCC's informal forfeiture process survives Seventh Amendment scrutiny, opens some doors for regulated entities, but the practical effect may be surprisingly constrained, says Jonathan Marashlian at The CommLaw Group.

  • Series

    Founding An Autism Academy Made Me A Better Lawyer

    Author Photo

    Starting a nonprofit autism school with no building, no funding model and no guarantee that families would trust us taught me the importance of mission, patience and purpose — lessons that sharpened my practice and showed how meaningful work outside the office can make lawyers better, says Phillip Russell at Ogletree Deakins.

  • Why Private Sector Should Watch Gov't DEI Firing Class Bid

    Author Photo

    Former federal employees' class certification attempt in Fell v. Trump is worth following, as their challenge of the Office of Personnel Management's elimination of DEI positions raises questions about commonality in employee classes and protections for nonminority advocacy that reach beyond the public sector, says Shaun Southworth at Southworth PC.

  • When Do Murals Qualify For IP Protection?

    Author Photo

    Artist Robert Wyland recently sued FIFA for painting over his 1999 "Ocean Life" mural to make room for a World Cup promotion in Dallas, spotlighting questions over the extent to which copyright law and the Visual Artists Rights Act protect different types of art, say attorneys at Armstrong Teasdale.

  • How Justices' Habeas Ruling Limits Compassionate Release

    Author Photo

    The U.S. Supreme Court's recent holding in Fernandez v. U.S. that a federal prisoner who challenges their conviction's validity must do so through habeas, not compassionate release, considerably narrows the universe of arguments that can support a sentence reduction, says attorney Elizabeth Franklin-Best.

  • The Banking Issue Hiding In Justices' Freight Broker Ruling

    Author Photo

    While the U.S. Supreme Court’s recent liability preemption ruling in Montgomery v. Caribe Transport was front-page news for the transportation industry, the banking industry seems to have missed that the decision exposes freight broker lenders to credit, documentation and litigation issues, say attorneys at Barack Ferrazzano.

  • Insurance Ruling Extends NY Bad Faith To 3rd-Party Coverage

    Author Photo

    In Renergy v. Mt. Hawley Insurance, a New York federal court recently granted a policyholder leave to amend its complaint to clarify a bad faith claims handling cause of action, confirming, after nearly 20 years, that bad faith damages are available in the third-party liability context, say attorneys at Barnes & Thornburg.

  • Opinion

    Rule Of Law Requires Gov't Engagement With Bar, Not Retreat

    Author Photo

    A federal agency's absence from national and local bar conferences, most recently illustrated by the U.S. Department of Justice's withdrawal from a New York City Bar Association white collar conference, disserves the bar, the government lawyers themselves and, ultimately, the administration of justice, says Muhammad Faridi at Linklaters.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Appellate archive.