Appellate

  • July 15, 2026

    Wash. Panel Says Prosecutor-Victim Doesn't DQ Colleagues

    A Washington appellate panel has held that a trial court judge erred in disqualifying a county prosecutor's office from handling charges against a driver who crashed into one of its attorneys during a police pursuit.

  • July 15, 2026

    Fed. Circ. Gives Pa. Biz A 2nd Go At $1.5M Tax Penalty Refund

    The Federal Circuit gave a Pennsylvania electrical contractor another chance to pursue a $1.53 million refund claim for penalties paid to the Internal Revenue Service after its owner pled guilty to criminal tax evasion, according to an opinion published Wednesday.

  • July 15, 2026

    What To Watch In Massachusetts In The 2nd Half Of 2026

    As midsummer approaches, Massachusetts attorneys are focused on much more than just the Red Sox winning streak and the fallout from the Jaylen Brown trade; from a headline-grabbing federal prosecution to the midterm elections to cases that could shape the state's noncompete laws, practitioners have plenty on their radar in the latter half of the year.

  • July 15, 2026

    GM Robotaxi 'Sign-In Wrap' Sends Injury Suit To Arbitration

    A California appeals court has sent a man's injury suit against General Motors' autonomous vehicle subsidiary to arbitration, saying the "sign-in wrap" agreement he assented to as a customer to Cruise LLC's service was sufficiently conspicuous and would give a reasonable consumer notice of the arbitration clause.

  • July 15, 2026

    Mich. Justices Toss Murder Confession Over Miranda Violation

    A murder suspect's statements to Detroit police can't be used at his upcoming trial because officers continued engaging with him after he requested a court-appointed attorney, the Michigan Supreme Court ruled Tuesday, holding that police violated his constitutional right to counsel. 

  • July 15, 2026

    Personal Injury & Med Mal Cases To Watch In 2nd Half Of 2026

    A trial in a suit brought by 29 states accusing Meta's Facebook and Instagram of causing young people to become addicted and a third bellwether trial in the Uber sexual assault multidistrict litigation are among the cases injury and malpractice attorneys will be following closely in the second half of 2026.

  • July 15, 2026

    The Biggest Copyright Rulings Of 2026: A Midyear Report

    The U.S. Supreme Court issued a major opinion that limited contributory copyright liability for internet service providers, while a major verdict in a Digital Millennium Copyright Act case could hint at what's to come in artificial intelligence litigation. Here are Law360's picks for the top copyright rulings for the first half of 2026.

  • July 15, 2026

    Successor's Appointment Was Late, Retired Fla. Judge Says

    A recently retired Florida state judge told the Florida Supreme Court that his challenge of Gov. Ron DeSantis' failure to appoint someone to succeed him is moot since the governor had filled the vacancy, but argued that the appointment had an illegal delay of 25 days.

  • July 15, 2026

    9th Circ. Won't Revive Flea, Tick Meds Suit Against Bayer

    A Ninth Circuit panel gave short shrift to Tevra Brand LLC's bid to revive an antitrust suit alleging Bayer HealthCare LLC used exclusive contracts to lock up the market for a flea and tick treatment for dogs and cats, preserving Bayer's jury win.

  • July 15, 2026

    Fed. Circ. Won't Reopen Challenges To Biometric Sensor IP

    Assa Abloy lost its bid to reinstate challenges to a pair of biometric sensor patents Wednesday when the Federal Circuit backed Patent Trial and Appeal Board decisions that the Swedish manufacturing company failed to show claims in the patents were invalid.

  • July 15, 2026

    Harwood Lloyd Must Face DQ Bid Over Hiring Ex-NJ Judge

    A New Jersey state appellate court on Wednesday revived a bid to disqualify Harwood Lloyd LLP from a probate matter based on how a retired judge awarded fees to a firm attorney before joining the firm himself.

  • July 15, 2026

    Biz, Benefits Groups Tell 4th Circ. To Nix 401(k) Forfeiture Suit

    A trio of business and benefits groups asked the Fourth Circuit to uphold the dismissal of a suit claiming Northrop Grumman improperly used forfeited 401(k) cash to fund its plan contributions, stating it would be "exceedingly odd" for the case to proceed against federal regulations allowing the practice.

  • July 15, 2026

    New Jersey Appellate Division To Get New Chief Judge

    New Jersey Appellate Division Judge Heidi Willis Currier will assume leadership of the division effective Sept. 1 upon the retirement of current Chief Judge Thomas Sumners, the judiciary announced Wednesday.

  • July 15, 2026

    New Conn. High Court Rules Put Filers On Hook For AI Errors

    The Connecticut Appellate and Supreme Courts have published new generative artificial intelligence rules which took immediate effect this week, outlining additional paths for sanctions as the justices weigh the fate of a landlord's attorney who admitted his filings contained ChatGPT-induced errors.

  • July 15, 2026

    DC Circ. Affirms Ratings For Alignment Medicare Plans

    The D.C. Circuit sided with the Centers for Medicare & Medicaid Services regarding its decision not to discard certain unfavorable surveys for Alignment Healthcare's Medicare Advantage plans, saying there is no indication of an administrative error.

  • July 15, 2026

    Minn. Tax Court Right On $108M Building Value, Justices Told

    The Minnesota Tax Court operated within its discretion to give 80% weight to Hennepin County's appraisal of a Minneapolis office building and 20% to the owner's, the county told the state Supreme Court, urging it to uphold the property's valuation.

  • July 15, 2026

    Health Co. Nears Deal To End Telemarketing Co. Breach Fight

    A Florida judge agreed Wednesday to hold off on deciding a motion to stay proceedings in a breach of contract action brought by a telemarketing company that federal regulators accuse of selling $91 million in fake Obamacare plans, after the defendants told the court they're close to a settlement.

  • July 15, 2026

    1st Circ. Says Sending GE PCB Suit To State Court Was Error

    A First Circuit panel has reversed an order remanding to state court a woman's suit over General Electric Co.'s alleged improper disposal of polychlorinated biphenyls, or PCBs, saying the trial court wrongly concluded that GE couldn't take advantage of the federal officer removal statute.

  • July 15, 2026

    Wash. Chief Justice Draws 3 Challengers In Bid For 4th Term

    A former public defender, a naval officer-turned-tax attorney and a family law practitioner are each vying this election season to unseat a veteran Washington State Supreme Court justice who's penned some of the high court's most significant opinions of the last two decades.

  • July 14, 2026

    4th Circ. Affirms Tort Atty's $25M Extortion Conviction

    The Fourth Circuit on Tuesday affirmed the conviction of a medical malpractice attorney for attempting to extort the University of Maryland Medical System out of $25 million, despite his argument that his self-representation at trial was not competent.

  • July 14, 2026

    Mich. Panel Reinstates $1.5M Engineering Malpractice Verdict

    A Michigan appeals court on Monday reinstated a $1.5 million professional negligence verdict against an engineering company, ruling that the trial court improperly changed the jury's award to damages for breach of contract.

  • July 14, 2026

    4th Circ. Revives Jamaican's Case Over Rejected Filings

    A Fourth Circuit panel said immigration judges violated a deported Jamaican man's right to due process when they held he missed a window to reopen removal proceedings after an electronic filing system and court clerk both refused to accept his motion.

  • July 14, 2026

    Fed. Circ. Won't Rethink Utah Tribal Shooting Death Decision

    The Federal Circuit will not reconsider its ruling that the government cannot be held liable for a police-involved shooting on reservation lands that ended in the death of a Utah tribe's member.

  • July 14, 2026

    9th Circ. Erases Comet's $40M Trade Secret Verdict

    A split Ninth Circuit panel on Tuesday overturned Comet Technologies USA's $40 million trade secret verdict against XP Power and ordered a new trial, holding in a precedential decision that the jury was wrongly instructed that XP had to prove Comet's claimed secrets could have been lawfully discovered or reverse-engineered.

  • July 14, 2026

    4th Circ. Sends $166M Arbitral Judgment Back To Trial Court

    The Fourth Circuit ruled Tuesday that a trial court must determine if a $166 million arbitral award against convicted insurance mogul Greg Lindberg can stand under North Carolina law, reversing a lower court's confirmation of the award under the Federal Arbitration Act.

Expert Analysis

  • Revisiting TransUnion's Underused Standing Rule, 5 Years On

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    The Ninth Circuit Court of Appeals' recent use of the U.S. Supreme Court’s now five-year-old TransUnion v. Ramirez rule specifying that the "mere risk of future harm" isn't concrete enough to support a damages claim presents an opportunity to revisit this underutilized standing rule, say attorneys at Horvitz & Levy.

  • 5 Things Associates Must Ask About Their Firm's Merger Plan

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    The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

  • Uncertainty Looms After Justices' Withdrawal Liability Ruling

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    The U.S. Supreme Court's recent holding in M&K Employee Solutions v. Trustees of the IAM National Pension Fund increases the unpredictability of withdrawal liability assessments, so employers should prepare for a range of assessments and be equipped to challenge unreasonable ones, say attorneys at Winston Taylor.

  • CFTC Trading Rule Can't Police Prediction Markets Yet

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    The Commodity Futures Trading Commission’s recent efforts to police insider trading in prediction markets through a post-Dodd-Frank anti-fraud rule exposes doctrinal gaps around misappropriation theory, leaving platforms to fill the void with win-rate-based surveillance, says attorney Tamara de Silva.

  • Columbia Software IP Ruling Tests Royalty Damages Model

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    The Federal Circuit's recent decision in Columbia University v. Gen Digital, vacating a damages verdict involving foreign software sales, provides guidance on ambiguities surrounding the worldwide royalty damages model established by the court's decision in Brumfield v. IBG two years ago, say attorneys at Munger Tolles.

  • Turning To The Courts When PBM Reform Falls Short

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    The effectiveness of state laws intended to regulate pharmacy benefit managers remains uncertain, but litigation — utilizing tried-and-true theories like breach of contract and fair dealing — offers another mechanism through which stakeholders may seek relief from PBMs, say attorneys at Reed Smith.

  • Opinion

    Immigration Appeals Rule Would Prevent Meaningful Review

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    Justice Stephen Breyer’s book “Making Our Democracy Work” offers a useful lens through which to consider what is at stake for the Executive Office for Immigration Review's legitimacy as the government asks the D.C. Circuit to revive an interim final rule that would have fast-tracked decisions by Board of Immigration Appeals, says Tara Kennedy at Kennedy Law.

  • 2 'Rocket Dockets' And The Rules That Propel Them

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    The fastest civil trial courts in the country are currently in the Eastern District of Virginia and the Southern District of Florida, and their chief judges provide insights into the court rules that keep them ahead, says Robert Tata at Hunton.

  • Retailer Risk Reduction Tips As Email Marketing Suits Surge

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    Amid a flood of email marketing lawsuits following last year's Washington Supreme Court ruling in Brown v. Old Navy, retailers seeking to avoid high litigation costs can take several steps to reduce risks by focusing on their email subject lines advertising sales, says Gonzalo Mon at Kelley Drye.

  • Why Nuclear Licensees Must Watch 2nd Circ.'s Holtec Review

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    In reviewing a New York federal court's preemption ruling concerning disposal of nuclear materials, the Second Circuit must confront the lower court's recognition of a purpose-based path to field preemption, which could be game-changing for nuclear material licensees, says Andrew Averbach at Womble Bond.

  • Calif. Ruling Lowers Bar For Health Data Breach Claims

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    The California Supreme Court's ruling in J.M. v. Illuminate Education offers protection for non-healthcare companies that maintain health-related data but also adopts a new and more plaintiff-favorable standard for breach of confidentiality that companies maintaining any health-related data should address, say attorneys at Cooley.

  • Florida Atty Fees Ruling Could End Expert Testimony Mandate

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    For over 60 years, Florida appellate courts have required an evidentiary hearing and expert testimony to support the reasonableness of an attorney fee award, but the Florida Sixth District Court of Appeal's recent Ruffenach v. Deutsche Bank National Trust ruling could make substantive changes to this requirement, say attorneys at RumbergerKirk.

  • Texas Ruling Leaves Key Oil Royalty Question Unresolved

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    The Texas Supreme Court's recent decision in Fasken Oil and Ranch v. Puig clarifies that royalty reservations containing “free of cost forever” language do not bar deduction of post-production costs — but it leaves open whether prices producers report to royalty owners should reflect what unaffiliated buyers would pay, says Robert Foss at Hinds Feat Advisors.

  • Justices Widen Path For Confiscated Cuban Property Claims

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    For Americans holding claims to confiscated Cuban property, the U.S. Supreme Court’s recent decision in Havana Docks v. Royal Caribbean Cruises means that the expiration of their property interest is no longer a bar and that any company using such property is now a potential defendant, say attorneys at Bracewell.

  • Your Next Litigation Hold Should Cover AI Chat Logs

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    The Delaware Chancery Court’s recent decision in Fortis Advisors v. Krafton to treat a CEO’s artificial intelligence chats as substantive evidence is being read as a discovery warning to litigators, but there is a second duty-to-preserve lesson that is especially pertinent to in-house counsel, say attorneys at Faegre Drinker.

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