Appellate

  • October 28, 2026

    Electronics Maker Says $48.5M Tax Suit Wrongly Tossed

    Electronics manufacturer Flex Ltd. urged the Delaware Supreme Court on Wednesday to revive its bid for a $48.5 million tax distribution from its Nextracker Inc. spinoff, arguing the companies' agreements entitled it to the money, while Nextracker maintained Flex had agreed to bear the tax costs.

  • October 28, 2026

    Versata Wants Ford To Pay Interest Atop Restored $82M Award

    Versata Software Inc. wants a Michigan federal court to tack on at least $37.7 million to a reinstated $82.3 million contract award against Ford Motor Co. and said the court should finalize that win while both sides prepare for a new trade secret damages trial.

  • October 28, 2026

    Fla. Appeals Court Says Porsche Must Face $300M Suit

    A Florida state appeals court Wednesday affirmed a ruling that German automaker Porsche AG must face a $300 million lawsuit brought by The Collection LLC, a Miami luxury car dealership accusing the carmaker of strong-arm tactics by withholding inventory over a disagreement to build a new facility.

  • October 28, 2026

    Split Ohio High Court Says Stalking Defendant Skipped Step

    The Ohio Supreme Court on Wednesday ruled that a pro se litigant who was the subject of a civil stalking protection order failed to correctly preserve his objections to the order, meaning a state appeals court is not required to consider them.

  • October 28, 2026

    Full Fed. Circ. Won't Eye Network IP Ruling In Amazon's Favor

    The full Federal Circuit on Wednesday declined to take up a split panel ruling that let Amazon escape infringement claims stemming from a network patent held by AlterWAN Inc.

  • October 28, 2026

    NJ Municipal Judge Admonished Over Palestinian Attire

    A New Jersey municipal judge was admonished Wednesday by the state supreme court after he admitted his decision to wear pro-Palestine clothing to a judicial training conference fell short of the standards and expectations of his position.

  • October 28, 2026

    6th Circ. Won't Hear Fear-Based Claim Outside Removal Order

    The Sixth Circuit said it lacked jurisdiction to review the denial of a Honduran national's bid to avoid being sent back to Honduras for fear of persecution because he did not directly challenge his final removal order, overturning prior circuit precedent.

  • October 28, 2026

    Celgene Defends Dismissal Of Cancer Drug Antitrust Suit

    Bristol-Myers Squibb Co. and its subsidiary Celgene Corp. urged the Second Circuit to uphold the dismissal of health plans' proposed antitrust class action alleging that the drugmaker fraudulently obtained patents for the cancer drug Pomalyst, saying it properly disclosed materials to the patent office and filed valid patent infringement lawsuits against generic-drug makers. 

  • October 28, 2026

    Wood Smith Beats Suit Over Nixed Atty Defamation Claims

    Wood Smith Henning & Berman LLP has escaped a malpractice suit stemming from an allegedly improperly drafted settlement agreement in an employment dispute, with a California appeals court finding that the agreement did not shield an opposing attorney from an ex-Wood Smith client's defamation claims.

  • October 28, 2026

    4th Circ. Judge Wary Of NC Abortion Drug Law Challenge

    A Fourth Circuit judge on Wednesday sharply questioned the attorney for a physician challenging North Carolina restrictions on the abortion medication mifepristone, citing case law he said treats federal rules as a "floor and not a ceiling" on what states can require.

  • October 28, 2026

    5th Circ. Backs Liberty Mutual Unit In Pileup Coverage Dispute

    A Liberty Mutual unit owes no coverage to contractors for a Texas interstate construction project who are facing lawsuits over a fatal 130-vehicle pileup caused by a historic winter storm, the Fifth Circuit said, finding that the suits did not allege bodily injury arising out of the contractors' work.

  • October 28, 2026

    NY Judges Question Court Agency's Withholding Of Records

    Two judges on a New York state appeals court panel pushed back on arguments by the state's Office of Court Administration that no reports related to investigations of court personnel can be considered final under the state Freedom of Information Law until all proceedings have concluded.

  • October 28, 2026

    5th Circ. Bars Immunity In Texas A&M Wage Retaliation Suit

    Government officials can't use a special legal protection to escape lawsuits accusing them of punishing workers who complain about their pay, the Fifth Circuit found, allowing a former Texas A&M University adviser to pursue her claim that her supervisor fired her over a paycheck dispute.

  • October 27, 2026

    Feds Face Uphill Climb To Set Aside 20K Ballots In Calif.

    A California federal judge indicated Tuesday he'll deny the Trump administration's request for an order requiring California to set aside mail-in ballots for some 20,000 voters the federal government says are "likely" noncitizens, noting that the government can prosecute any illegal voters before California's Dec. 3 ballot cure deadline.

  • October 27, 2026

    At 4th Circ., DOJ Admits But Downplays Goldstein Trial Errors

    The U.S. Department of Justice late Tuesday acknowledged that it confused key statutory terms related to jury instructions at famed appellate advocate Tom Goldstein's criminal trial, while also insisting "the government's mistake here was understandable" and shouldn't upend a jury's guilty verdict.

  • October 27, 2026

    11th Circ. Says Justices' Ruling Unravels Sentence Reduction

    An Eleventh Circuit panel on Tuesday reversed a Florida federal judge's decision to reduce on compassionate-release grounds the 39-year sentence of a man convicted of robbing drug dealers, citing the U.S. Supreme Court's recent opinion in a similar case, Rutherford v. U.S.

  • October 27, 2026

    3 Federal Circuit Clashes To Watch In November

    A high-stakes case that will determine whether the U.S. government should face patent infringement claims over Moderna's COVID-19 vaccines and Labcorp's appeal of a nine-figure patent verdict against it are among the arguments the Federal Circuit will hear in November.

  • October 27, 2026

    10th Circ. Backs Trooper Killer's Violent Crime Charge

    The Tenth Circuit ruled that a man convicted of killing an Oklahoma state trooper nearly 30 years ago cannot have a portion of his conviction dropped, finding Tuesday that under federal law, killing a law enforcement officer in furtherance of a drug offense meets the definition of a crime of violence. 

  • October 27, 2026

    Permit Bill Speeds Up Project Fights With Appeals Court Push

    U.S. Senate permitting legislation could reduce courtroom time for energy project developers by funneling more lawsuits challenging federal agency decisions directly to appeals courts, though attorneys caution that it isn't necessarily a silver bullet for faster litigation results.

  • October 27, 2026

    Texas Appeals Court Weighs Mootness In Uri Victims Appeal

    A Texas appeals court wanted to know if an appeal before them concerning thousands of victims of a deadly winter storm was moot, pressing Tuesday for counsel to explain what the court should do with a finding by an MDL court that the victim's expert witness was inadmissible.

  • October 27, 2026

    Ga. Panel Lets Lyft Escape Liability In Driver Assault Suit

    A Georgia appellate court ruled Tuesday that Lyft was properly dismissed from a suit by a passenger who was badly beaten by his driver, ruling that reports of unsafe driving and suspected drug or alcohol use did not make the driver's violent assault reasonably foreseeable.

  • October 27, 2026

    5-Hour Energy Sellers Ask 9th Circ. To Revive Antitrust Fight

    Family-owned wholesalers urged the Ninth Circuit to revive antitrust claims Tuesday alleging 5-Hour Energy violated price discrimination law by providing Costco with disproportionate promotional support, arguing the court wrongly applied an "extremely narrow view of antitrust injury."

  • October 27, 2026

    CrowdStrike Wants Fed. Circ. To Ship Patent Case To Calif.

    Cybersecurity company CrowdStrike wants the Federal Circuit to force a Texas federal judge to send a suit accusing it of infringing a series of patents owned by an arm of Arizona State University to California.

  • October 27, 2026

    Texas Panel Reinstates Home Invasion Shooting Convictions

    A Texas appeals court on Tuesday reversed a lower court's grant of a new trial to a man convicted of shooting his ex-wife five times during a home invasion, ruling he did not prove the evidence against him was insufficient or that a prosecutor's arguments during the initial trial were improper.

  • October 27, 2026

    Courts Take On Lilly GLP-1 Ads, J&J Mesothelioma Trial, More

    Law360 Healthcare Authority looks at a Novo Nordisk loss in its challenge to Eli Lilly's GLP-1 advertising, an Ohio verdict in wrongful death litigation over Johnson & Johnson's talc baby powder and other legal news from the past week.

Expert Analysis

  • Series

    Ballet Makes Me A Better Lawyer

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    A lifetime of learning and performing ballet taught me that success — whether in dance or practicing law — comes only through hours of thorough preparation, boundless energy and relentless effort, says Sharon Katz-Pearlman at Greenberg Traurig.

  • Rejection Of NLRB Successor Bar Renews An Employer Tool

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    Although the D.C. Circuit's recent ruling in Hospital Menonita v. National Labor Relations Board does not allow purchasers to disregard incumbent unions, employers acquiring a unionized business have regained a tool to challenge a union's majority support, say attorneys at Bass Berry.

  • NY Ethics Opinion Warns Attys On Qui Tam Deception

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    A recent New York State Bar Association ethics opinion cautions that counsel representing whistleblowers may not induce, supervise or facilitate a client's deceptive prefiling investigations, creating a potential vulnerability for qui tam complaints built on questionable evidence-gathering methods, say attorneys at Sidley.

  • Pa. Anti-SLAPP Ruling Shows Risks Of Atty Defamation Suits

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    A Pennsylvania federal court’s recent Lento Law Group v. Estrada ruling addressed an unsettled question about mandatory fee-shifting provisions in the state’s anti-SLAPP law — and illustrates why attorneys should think twice before suing former clients over negative online reviews, say attorneys at Pietragallo Gordon.

  • 9th Circ. 'Bad Spaniels' Ruling Rewrites TM Dilution Playbook

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    The Ninth Circuit’s recent ruling that each element of the Jack Daniel's packaging parodied by the Bad Spaniels dog toy must be independently assessed for fame narrows trademark owners' ability to use a flagship mark's halo effect to protect the entire brand from tarnishment, say attorneys at Reed Smith.

  • Fed. Circ. In July: Meeting The Enablement Requirement

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    The Federal Circuit's decision in Wyeth v. AstraZeneca last month exemplifies when a generalized conception of an invention is insufficient to enable the full scope of asserted patent infringement claims, and may lead to more enablement challenges, say attorneys at Knobbe Martens.

  • Calif. Ruling Opens Del. Cos. Up To Stockholder Inspection

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    A California appellate court's recent decision in Salamon v. Orchid Global underscores that despite last year's amendments to the Delaware General Corporation Law, Delaware companies with principal operations in California remain subject to California's broader and more stockholder-protective inspection regime, say attorneys at Sheppard.

  • What 9th Circ. Devas Ruling Means For AI Infrastructure Deals

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    The Ninth Circuit's recent confirmation of a $2 billion arbitration award in Devas Multimedia's arbitration against a state-owned commercial arm of India’s space agency creates a cross-border enforcement road map for disputes that are bound to arise from the current generation of artificial intelligence infrastructure deals, says Fernanda Merouco at Davis Wright.

  • 9th Circ. Wage Ruling Shows Arbitration Pacts Are Still Useful

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    After years of uncertainty for California employers, the Ninth Circuit’s recent Cocom v. ABM Aviation decision signals that workplace arbitration agreements remain a powerful and enforceable tool — if thoughtfully drafted and employment-focused, says Benjamin Runge at Thompson Coburn.

  • Series

    Taekwondo Makes Me A Better Lawyer

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    Taekwondo has taught me to recognize when to fight for a position and when to focus on finding a solution, and that the best outcomes are often achieved by solving problems — all of which has improved my work as a bankruptcy lawyer, mediator and Subchapter V trustee, says Amy Denton Mayer at Berger Singerman.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses seven recent rulings from cases involving Class Action Fairness Act jurisdiction, appellate jurisdiction, attorney fees and employment rights.

  • 3rd Circ. Hotel Ruling Flags Key Issues In Dynamic Pricing

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    The Third Circuit's recent decision in Cornish-Adebiyi v. Caesars Entertainment relies on allegations that competitors used nonpublic data to set real-time rates considered exorbitant, highlighting both the potential risks and substantial benefits of utilizing emerging technologies, say attorneys at Baker McKenzie.

  • 4th Circ. Class Cert. Ruling Offers Tips For Damages Experts

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    The Fourth Circuit's recent decision reversing class certification in litigation against Boeing raises the cost of a bare-bones damages model proposal for plaintiffs, but it also clarifies what a defensible proposal should contain, say Alok Khare and Erica Rose at FTI Consulting.

  • Opinion

    'Plain Meaning' Requires Plainer Meaning In IP Litigation

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    The Federal Circuit's recent decision in Socket Solutions v. Import Global highlights the frequent ambiguity surrounding courts' references to "plain meaning" in patent claim construction — an ambiguity that should be resolved by courts, not litigants, say attorneys at Klarquist Sparkman.

  • What To Know As Legal Duty To Consider AI Takes Shape

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    While the U.K. Jurisdiction Taskforce’s recent statement on liability for artificial intelligence harms is nonbinding for both U.K. and U.S. lawyers, it highlights the importance of being able to distinguish between the availability of a tool and a professional obligation to use it, say Jonny Frank and Michael Costa at StoneTurn.

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