Appellate

  • August 28, 2026

    House Eyes Vote To Lock Supreme Court At 9 Justices

    The House returns from recess on Monday, and its agenda could include a vote to keep the number of U.S. Supreme Court justices at nine.

  • August 28, 2026

    Minnesota Urges Justices To Reject Foster Parents' ICWA Bid

    The Minnesota Attorney General's Office said two foster parents' challenge to the Indian Child Welfare Act is far from over, because even if they could clear a jurisdictional bar, the Supreme Court will likely remand the dispute and leave the couple's equal protection question to be litigated another day.

  • August 28, 2026

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen shoe brand Crocs bring an appeal against the chief executive of the U.K.'s Intellectual Property Office, singer Alanis Morissette sued by the former head of operations at Live Nation Israel and the son of convicted fraudster Guo Wengui file an appeal against the Chapter 11 trustee controlling his father's bankruptcy estate. 

  • August 28, 2026

    4 Arguments For Benefits Attys To Watch In September

    The Fifth Circuit will weigh Louisiana's bid to block telehealth access to the abortion drug mifepristone, while the Fourth Circuit will hear Lockheed Martin's challenge to a trial court decision that kept a pension de-risking suit alive. Here's a look at these and other argument sessions that should be on benefits attorneys' radar next month.

  • August 27, 2026

    5th Circ. Diverts From 9th Circ.'s Copyright Server Test

    The Fifth Circuit Thursday refused to adopt what's known as the server test, which considers where online content is stored when assessing copyright liability, although it ultimately still declined to disturb a lower court's dismissal of copyright infringement claims against news aggregator NewsBreak.

  • August 27, 2026

    PBMs Hammer Opioid Judge In Last-Ditch Gambit At 6th Circ.

    An Ohio federal judge knowingly flouted a Sixth Circuit rebuke by forcing two of the largest remaining defendants in multidistrict opioid litigation to either "settle for enormous sums or litigate for years hundreds of cases," says a Thursday petition urging the appeals court to intervene.

  • August 27, 2026

    La. Town Says 5th Circ. Insurance Decision Should Stand

    A Louisiana town is pressing the U.S. Supreme Court to pass on reviewing a Fifth Circuit decision nixing an arbitration order in a dispute with its insurers over coverage for hurricane damage, calling the case "mundane" and not worthy of the high court's attention.

  • August 27, 2026

    Meta Can't Arbitrate Deceptive Ads Suit, 7th Circ. Rules

    Meta Platforms cannot steer a media company's ad deception antitrust claims away from court and into arbitration, the Seventh Circuit ruled on Thursday, saying the case falls outside the agreement Meta is trying to enforce.

  • August 27, 2026

    'We Are Not Afraid To Try This Case,' Says Rep. McIver's Atty

    Rep. LaMonica McIver, D-N.J., and her legal team Thursday outlined her options following the appeals court decision affirming that charges against her arising from her oversight visit to an immigration detention facility can move forward.

  • August 27, 2026

    Chamber Says FTC's Meta Appeal Trying To 'Rewrite' Law

    The U.S. Chamber of Commerce and other amicus filers urged the D.C. Circuit not to revive the Federal Trade Commission monopolization lawsuit targeting Meta's purchases of WhatsApp and Instagram, taking issue Thursday with how the FTC characterizes social media competition, consumer behavior and the law allowing it to sue.

  • August 27, 2026

    Officer Assaults Not Always Violent Crimes, 8th Circ. Says

    An Eighth Circuit panel has ruled that assault against a federal employee is not categorically a crime of violence, saying U.S. Supreme Court precedent demands proof of more physical force than a conviction under the federal statute requires.  

  • August 27, 2026

    Quectel Owes $3M For Infringing Philips Patent, Jury Says

    A Delaware federal jury awarded $3 million in damages Thursday and found Quectel Wireless Solutions had willfully infringed a telecommunications patent held by Dutch consumer electronics giant Philips.

  • August 27, 2026

    5th Circ. Backs FDA, Pharma Cos. In GLP-1 Shortage Fight

    The U.S. Food and Drug Administration did not unlawfully remove blockbuster GLP-1 medications made by Eli Lilly & Co. and Novo Nordisk from the national drug shortage list, the Fifth Circuit ruled Thursday, handing a loss to compounding pharmacies that produce copycat doses of the drugs.

  • August 27, 2026

    2nd Circ. Backs Lyft In Wheelchair Access, Disability Bias Suit

    The Second Circuit on Thursday rejected certified class claims from Westchester County, New York, residents accusing Lyft of systematically discriminating against disabled riders, saying the plaintiffs' suggestions for increasing the availability of wheelchair-accessible vehicles weren't reasonable.

  • August 27, 2026

    6th Circ. Rules Mich. Doesn't Own Unclaimed Accounts

    The Sixth Circuit revived proposed class claims accusing Michigan officials of violating property owners' due process rights by keeping interest earned on unclaimed financial accounts, holding that the state takes custody of abandoned property but does not take ownership of it. 

  • August 27, 2026

    3rd Circ. Backs Conviction, Life Term For Carjacking 'Spree'

    The Third Circuit on Thursday upheld the conviction and life sentence of a New Jersey man for a carjacking "spree," ruling that the trial court correctly barred evidence related to the arresting officer's past drunken-driving conviction.

  • August 27, 2026

    Grocers' Microcaptive Valid For Tax Benefits, 7th Circ. Told

    Chicagoland grocery chain owners' in-house insurance arrangement is a valid insurance transaction "and should be respected as such," they told the Seventh Circuit, saying their business should be allowed to claim microcaptive tax benefits to reduce its taxable income.

  • August 27, 2026

    Rising Star: Jones Day's David J. Feder

    Jones Day LLP partner David Feder has successfully steered thousands of cases as part of sprawling multidistrict litigation involving the herbicide paraquat and secured favorable rulings for Boeing in multiple California environmental cases, earning him a spot among the appellate attorneys under age 40 honored by Law360 as Rising Stars.

  • August 27, 2026

    11th Circ. Holds Real Estate Financier Liable For $56M Loan

    The Eleventh Circuit has found that a Florida real estate financier triggered default on a $56.3 million loan for three Houston, Austin and Dallas-area properties in Texas by filing for bankruptcy protection after assigning one property's management to a new entity, in a ruling favoring hotel lender Access Point Financial.

  • August 27, 2026

    1st Circ. Won't Revisit Discretionary Immigration Relief Denial

    The First Circuit said it lacks jurisdiction to review parts of a Jamaican citizen's bid to remain in the U.S. after entering as a tourist in 2004, noting he was later convicted of passport fraud and only sought asylum in 2016.

  • August 27, 2026

    DC Circ. Says Challenges To Pa. Power Plant Orders Can Wait

    A D.C. Circuit panel granted the Trump administration's push to pause consolidated cases challenging orders that blocked a Pennsylvania power plant from retiring while litigation over similar orders involving a Michigan power plant play out.

  • August 27, 2026

    Womble Bond Asks To Drop Dutch Software Client Over Rift

    Womble Bond Dickinson is looking to pull its representation of a Dutch software company after five years of a bitter trademark battle, citing a "fundamental disagreement" that has allegedly made it impossible for the firm to move forward as counsel of record.

  • August 27, 2026

    Claims Court Halts BMW's $38M Tax Bid Over COVID Tolling

    The U.S. Court of Federal Claims paused reviewing luxury automaker BMW's $38.4 million tax refund suit until an appeals court issues a decision in a similar case over the tolling of a COVID-19-era filing deadline.

  • August 27, 2026

    Fed. Circ. Hands Losses To Apple On 3 Smart Mobile Patents

    Smart Mobile Technologies LLC came out victorious in a set of Federal Circuit decisions Thursday in a patent fight involving Apple Inc., with the appeals court refusing to revive the tech giant's challenges to certain patent claims and reversing the Patent Trial and Appeal Board's invalidation of other claims.

  • August 26, 2026

    5th Circ. Upholds Drug Negotiations In Blow To Big Pharma

    Medicare's landmark program of drug price negotiations doesn't flout constitutional provisions involving the separation of powers, due process or excessive fines, the Fifth Circuit ruled late Wednesday, delivering a fresh blow to the pharmaceutical industry's campaign to tee up U.S. Supreme Court review.

Expert Analysis

  • How Pfizer Won Fed. Circ. Patent Dispute By 1 Carbon Atom

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    The Federal Circuit's recent refusal to revive a patent in Enanta Pharmaceuticals v. Pfizer over an alleged typo creating a one-atom difference in a COVID-19 treatment application hands defendants a template for potentially converting a triable fact question into an early dispositive ruling, say attorneys at Polsinelli.

  • What To Know Before Justices Rule In Title IX Employee Case

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    The U.S. Supreme Court is poised to decide whether Title IX protections extend to employees alleging sex discrimination in Crowther v. Board of Regents of the University System of Georgia, which could have significant implications for higher education institutions and their employees, say attorneys at Ropes & Gray.

  • Fed. Circ. Ruling Highlights The Cost Of Incorrect Inventorship

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    The Federal Circuit's recent decision in Fortress Iron v. Digger Specialties, affirming that a fencing company's patents were invalid due to a missing co-inventor, is a reminder that confirming correct inventorship should be a critical part of every patent invalidity workup, say attorneys at Neal Gerber.

  • Future Of Fed Independence Shaky After Justices' Ruling

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    The U.S. Supreme Court's recent ruling in Trump v. Cook preserved the Federal Reserve's formal independence but could invite the president to remove board members with just modest protections, leaving the central bank's autonomy uncertain and potentially setting up fresh clashes over other agencies, says Steven Schwinn at the University of Chicago.

  • Series

    Mich. Banking Brief: All The Notable Legal Updates In Q2

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    The second quarter brought several notable financial services law developments to Michigan, including a U.S. Supreme Court ruling on state tax foreclosures, progress on a money transmission modernization bill package, and continued legislative momentum on cryptocurrency and mortgage lending, say attorneys at Dykema.

  • Justices' Ruling Alters Playing Field For State Subpoena Suits

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    The U.S. Supreme Court’s decision in First Choice Women’s Resource Centers v. Davenport will spark more federal court challenges to state subpoenas, but procedural defenses will block some merits decisions, so plaintiffs must carefully time and manage parallel federal and state proceedings, say attorneys at Troutman.

  • Looking At Drake's Diss Track Appeal Through An IP Lens

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    Though Drake's pending Second Circuit appeal over UMG's promotion of Kendrick Lamar's "Not Like Us" is formally about defamation, it shows that IP considerations can help identify records showing how a work traveled, which may guide courts when deciding context, says attorney Abdul Abdullahi.

  • Series

    Bass Fishing Makes Me A Better Lawyer

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    Landing a trophy striped bass and closing a big deal both require cultivating the patience to finesse — not force — your way to desired outcomes, changing course when your old approach isn’t working and learning from the ones that got away, says Jon Ruiss at Alston & Bird.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q2

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    The year's second quarter brought several notable banking law developments to New York, including a proposal to align state stablecoin rules with the federal Genius Act, fresh fair lending and cybersecurity guidance from state regulators, and a significant Second Circuit holding on preemption, say attorneys at Ashurst Perkins Coie.

  • PacifiCorp Ruling Shows Limits Of Aggregate Wildfire Loss Models

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    An Oregon appeals court's recent decision in James v. PacifiCorp illustrates that in litigation involving multiple wildfires, materially different causation theories, and evidence tied to particular fires and locations, a single undifferentiated damages model is vulnerable to attack, say Paige Van Oosten and Jason Kim at Hunton and Kevin Cahill at FTI Consulting.

  • Roundup

    The Most Talked-About Supreme Court Decisions Of 2026

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    This term, 11 U.S. Supreme Court decisions quickly became hot topics among Law360's guest writers.

  • A New Defense For Medicaid Fraud Cases In Texas

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    The Texas Supreme Court decision in LabCorp v. Texas last month, finding that the state's False Claims Act requires proof that an omission is material, is among the first to establish that the government's lack of reaction to the defendant's disclosures rendered alleged omissions immaterial, say attorneys at Sheppard.

  • Fighting The Evidentiary Risks Of Deepfakes In Court

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    Though courts and federal rules are only slowly developing frameworks for assessing digital evidence that could have been created or generated by artificial intelligence, litigators should understand what steps they'll likely need to take to successfully challenge potentially deepfaked exhibits — and fight questions about the authenticity of their own, say attorneys at MoFo.

  • Justices' Cuba Ruling Narrowly Recasts Sovereign Immunity

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    The U.S. Supreme Court recently allowed Exxon Mobil's bid for $1 billion in damages for Cuban-seized property to proceed, but the ruling's doctrinal significance is in treating the Helms-Burton Act as a later, specific and self-contained statutory displacement of the default jurisdictional immunity regime, says Josep Galvez at 4-5 Gray's Inn.

  • 'Tiger King' Funeral Clip Ruling Offers Fair Use Road Map

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    The Tenth Circuit's decision in Whyte Monkee v. Netflix that the streaming service's use of another party's funeral footage in the docuseries "Tiger King" constituted fair use lays out a framework for producers to apply the four statutory fair use factors to their own projects, says Frank D’Angelo at Loeb & Loeb.

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