Appellate

  • October 22, 2026

    X Wins Reversal Of $8.3M Boulder Office Rent Judgment

    A Colorado Court of Appeals panel unanimously reversed an $8.3 million judgment against social media company X Corp. in favor of its former landlord after the panel found Thursday that the lower court incorrectly interpreted a contract provision outlining the distribution of a nearly $5.8 million tenant improvement allowance.

  • October 22, 2026

    Roundup MDL Atty Fund 'Cries Out' For Review, 9th Circ. Told

    Plaintiffs' firms urged the Ninth Circuit to reverse a ruling Thursday requiring them to contribute 8% of their recovery fees to a common benefit fund in multidistrict litigation over Monsanto's Roundup weed killer, arguing the judge ignored a special master's recommendation and the issue "cries out for some appellate supervision."

  • October 22, 2026

    Conn. Justices Seek To Define 'In Custody' For Habeas Cases

    The Connecticut Supreme Court wrestled Thursday with the definition of the term "in custody" for purposes of habeas jurisdiction, with multiple justices asking the state to clarify when a person's liberty has been restricted enough that a judge can hear his or her claims for relief.

  • October 22, 2026

    BNSF Can Keep Trial Win In Worker Injury Suit, Panel Says

    A Missouri appellate court on Wednesday affirmed a defense verdict for BNSF in an injury lawsuit accusing the railroad of causing a worker's injury through negligence, saying certain jury instructions were not improper.

  • October 22, 2026

    Voltage Can't Keep Shoals ITC Appeal Alive At Fed. Circ.

    The Federal Circuit on Thursday allowed Shoals Technologies Group LLC to drop its appeal of a U.S. International Trade Commission decision that Voltage LLC didn't infringe its solar power patent after prevailing in another case, even though Voltage opposed the dismissal request.

  • October 22, 2026

    9th Circ. Affirms Verdict Clearing Shyamalan Of Infringement

    The Ninth Circuit on Thursday upheld a jury's decision clearing Apple Inc. and filmmaker M. Night Shyamalan of allegations that they stole an independent filmmaker's work for the Apple TV show "Servant," rejecting arguments of improper jury instructions.

  • October 22, 2026

    6th Circ. Weighs Ford's $13M Trade Secrets Verdict

    A panel of the Sixth Circuit on Thursday questioned whether Ford should have to surrender $13.2 million in profits from a vehicle interface module after a jury found the automaker misappropriated a supplier's trade secrets, pressing attorneys on whether the award improperly included profits generated by features unrelated to the disputed technology.

  • October 22, 2026

    6th Circ. Backs Insurance Co. In Shipwreck Benefits Fight

    The Sixth Circuit backed an insurance company's win in a dispute over prejudgment interest connected to life insurance proceeds from an individual who disappeared after his fishing vessel shipwrecked off the Florida coast, holding a lower court properly denied an estate-side request for relief in the case.

  • October 22, 2026

    Mushroom Farm Arbitration Stance Perplexes Wash. Justices

    Washington Supreme Court justices struggled Thursday with a mushroom grower's argument that a lower court correctly forced workers to arbitrate claims that they were wrongfully terminated for organizing, questioning whether the farm's change in ownership just before the firings had any bearing on the disputed arbitration clause.

  • October 22, 2026

    Full 9th Circ. Won't Review Surgical Robot Antitrust Fight

    The full Ninth Circuit declined to reconsider an appellate panel's recent decision reviving a surgical repair company's antitrust suit alleging Intuitive Surgical blocked third parties from supplying parts for its popular da Vinci surgery robot, according to an order issued Thursday.

  • October 22, 2026

    J&J Says Justices' Denial Backs Tossing Fee Suit At 3rd Circ.

    Johnson & Johnson told the Third Circuit Thursday that the U.S. Supreme Court's recent decision not to take up a group of executives' federal benefits dispute backed its position in an appeal from J&J workers who alleged their health plans were saddled with excessive prescription drug fees.

  • October 22, 2026

    Fla. High Court Clarifies Proof Rule In ICWA Custody Cases

    The Florida Supreme Court on Thursday upheld a decision terminating a mother's custody of her Native American daughter, ruling in an opinion that lower courts don't have to use an evidence standard under the federal Indian Child Welfare Act in parental rights cases. 

  • October 22, 2026

    Zurich Gets 11th Circ. To Shrink Solar Co.'s Coverage Win

    Zurich American Insurance convinced the Eleventh Circuit on Thursday to narrow First Solar Electric LLC's $12.2 million jury win in a coverage dispute over rain damage, but the appeals court backed the bulk of damages awarded to the Georgia solar farm.

  • October 22, 2026

    FTC's Meador Questions 'Reliance' On Hovenkamp Treatise

    Federal Trade Commission member Mark Meador vouched Thursday for an "aggregation" theory of antitrust violations that can combine conduct that may not be anticompetitive individually, in a Houston speech that also took direct aim at a foundational academic treatise of modern competition law.

  • October 22, 2026

    NJ Panel Lets Nursing Home Arbitrate Resident Death Suit

    A New Jersey state appeals court on Thursday declined to disturb an order forcing a widow to arbitrate medical negligence and wrongful death claims against a nursing home, agreeing it didn't waive its right to arbitration by participating in litigation for over a year.

  • October 22, 2026

    Fla. Justices Say Presuit Notice Requirement Isn't Retroactive

    A Florida statute requiring policyholders to notify state regulators before filing suit against an insurer does not apply retroactively to policies purchased before the law went into effect, the Florida Supreme Court ruled Thursday.

  • October 22, 2026

    Tribe Says Low Crossings Undercut Border Wall Argument

    The Tohono O'odham Nation is renewing its push for the D.C. Circuit to do what a district judge refused and block border wall construction through its Arizona reservation pending the tribe's appeal, arguing that a brief pause in construction would pose little risk with border crossings at record lows.

  • October 22, 2026

    10x Genomics Ends Patent Fight Against Parse In Delaware

    10x Genomics has told a Delaware federal judge it will no longer pursue a patent case against Parse Biosciences Inc. over methods of analyzing genetic information, a move following the Federal Circuit's refusal to revive the remaining three patents-at-issue.

  • October 22, 2026

    NC Gov. Hauls Election Board Appointment Fight To Top Court

    North Carolina Gov. Josh Stein is taking a constitutional challenge over who has the authority to appoint members to the state and county election boards to the state's highest court, asking the justices to decide whether legislators lawfully transferred that power from his office to the state auditor.

  • October 22, 2026

    5th Circ. Orders New Look At IRS' Loss On FBAR Jury Rights

    A Texas federal court must revisit its 2025 ruling that the IRS violated a woman's jury-trial rights by imposing a $1 million civil penalty for failing to report foreign bank accounts, the Fifth Circuit said, ordering another review in light of a U.S. Supreme Court decision.

  • October 22, 2026

    Transpo Tracker: CH Robinson Verdict, Tesla Class Action

    In our latest Law360 Transportation Tracker, a Dallas County judge confirmed a blockbuster $604 million verdict against freight broker C.H. Robinson, while the Ninth Circuit dismantled a certified class action accusing Tesla of misleading consumers about its cars' self-driving capabilities.

  • October 22, 2026

    Hospital Tells DC Circ. Talks Tainted Nurses Union Election

    A hospital urged the D.C. Circuit to reverse a National Labor Relations Board decision affirming its obligation to bargain with the Oregon Nurses Association, saying the board misapplied precedent when it excused the union's campaigning immediately before a representation election.

  • October 22, 2026

    10th Circ. Revives Iranian Man's ICE Detention Challenge

    A split Tenth Circuit panel ruled that a district court erred in denying an Iranian national's habeas petition, holding that district courts have authority to review the legality of an immigrant's detention separately from any challenge to a final order of removal.

  • October 22, 2026

    Conn., Cook County, Ill., Defend AR-15 Bans At Supreme Court

    Officials in Cook County, Illinois, and Connecticut are urging the U.S. Supreme Court to uphold laws banning semiautomatic AR-15-style rifles, arguing that their laws are consistent with historical analogs restricting "unusually dangerous" weapons.

  • October 22, 2026

    Texas Judge Probe Shows Lack Of Mental Impairment Process

    Fifth Circuit officials have done a reasonable job of handling a rare situation involving a Texas federal judge who appears to be undergoing a mental health crisis, but the episode highlights that a more standardized way of dealing with federal judges experiencing mental impairment needs to be established, experts and scholars say.

Expert Analysis

  • Notable Q2 Updates In Insurance Class Actions

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    After 2026's second quarter, there is more authority rejecting class certification on total loss valuation theories from courts at the federal circuit, federal district and state appellate level — along with a resolution of a novel issue of depreciation on a wildfire claim, says Kevin Zimmerman at BakerHostetler.

  • 10th Circ. Ruling Undermines False Ad 'Two Clicks' Rule

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    The Tenth Circuit’s recent ruling in KetoNatural Pet Foods v. Hill's Pet Nutrition substantially challenges a long-standing assumption that a company can avoid responsibility for promotional claims simply because the consumer encountered them by clicking a hyperlink to a third-party website, say attorneys at Venable.

  • How Drug Trial Prediction Markets Pose Insider Trading Risks

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    Multiple prediction market platforms have recently announced plans to offer event contracts related to clinical trial outcomes and regulatory decisions, creating new insider trading risks by expanding the group of people possessing related material nonpublic information far beyond traditional corporate insiders, say attorneys at King & Spalding.

  • Mich. Ruling Gives Consumer Protection Law Its Teeth Back

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    The Michigan Supreme Court's recent decision in Attorney General v. Eli Lilly, overruling key holdings in two earlier cases, means that Michigan businesses can no longer defeat allegations of deceptive conduct under the state's consumer protection law simply by pointing to any governmental regulation of the business, say attorneys at DiCello Levitt.

  • Series

    Law School's Missed Lessons: Surviving A Long Trial

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    Most of law school trial advocacy is geared toward the sprint of trying a short case, but beyond managing a cross-examination or closing argument, effectively handling the marathon of a lengthy trial requires the ability to maintain composure, organization and credibility with the jury, says Mihir Elchuri at Hirschler.

  • A Deepening Patent-Trademark Divide Over Irreparable Harm

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    Recent Federal Circuit decisions, along with legislation being considered in Congress, may exacerbate the differences that patent owners and trademark owners face when seeking to stop infringement before irreparable harm is caused, say attorneys at BakerHostetler.

  • 7th Circ. Ruling May Reduce Litigation Risk For Text Marketers

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    The recent Seventh Circuit holding in Steidinger v. Blackstone Medical Services that unwanted marketing text messages are not telephone calls under the Telephone Consumer Protection Act may strengthen companies' responses to presuit demand letters and early-stage litigation claims premised on do-not-call text theories, say attorneys at Holland & Knight.

  • How Calif. Ruling Defines Drug Cos.' R&D Responsibilities

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    The California Supreme Court's recent ruling in the Gilead Tenofovir Cases, which held that drugmakers have no duty to bring allegedly safer alternatives to market more quickly, is a win for pharmaceutical companies — but not a grant of blanket immunity for all early-stage drug development decisions, say attorneys at King & Spalding.

  • Whiskey Business: Parsing The 9th Circ. Jack Daniel's IP Toss

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    The Ninth Circuit's recent ruling in VIP Products v. Jack Daniel's, holding a toy did not tarnish the whiskey maker's trademarks, gives fact-finders great latitude by showing that there may exist no categories of per se tarnishing content, says attorney Sara Gold.

  • Calif. Justices' Ruling Reshapes Midcase Appeal Strategy

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    The California Supreme Court's recent decision in Maniago v. Desert Cardiology Consultants holds that voluntary dismissal cannot be used as a shortcut to appellate review of interlocutory orders, resolving a long-running appellate split and pushing litigants to use alternative procedural tools, says Josh Patashnik at Ashurst Perkins Coie.

  • Fed. Circ.'s Thermostat Ruling Holds Patent Jury Trial Lessons

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    The Federal Circuit's recent decision in Ollnova v. Ecobee, throwing out a $11.5 million patent infringement award, clarifies key rules for jury verdict forms and sends an important message on patent subject matter eligibility, says Bijal Vakil at Skadden.

  • 5 IP Licensing Lessons From Fed. Circ. Asphalt Ruling

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    The Federal Circuit's recent decision in A.L.M. v. Zydex, concerning infringement of asphalt-related patents, clarifies what licensing terms are considered sufficiently exclusionary for constitutional standing, and provides helpful guidance for ensuring the enforceability of patent rights, say attorneys at Sterne Kessler.

  • Series

    Going To Hardcore Shows Makes Me A Better Lawyer

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    While government contracts law and the hardcore scene may seem entirely unrelated, in my experience, both are about community, focus, being prepared for the unexpected and managing chaos, says Isaac Natter at Fluet.

  • 9th Circ. Ruling Exposes A Flaw In Federal Trade Secrets Law

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    The Ninth Circuit's recent decision in Comet Technologies v. XP Power, addressing a difference between the federal Defend Trade Secrets Act and California's Uniform Trade Secrets Act, shows why the DTSA's requirement that claimed trade secrets not be readily ascertainable is inherently problematic, say attorneys at Buchalter.

  • Opinion

    Birthright Citizenship Dissents Belie Originalist Interpretation

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    The three dissents in the U.S. Supreme Court's recent birthright citizenship decision clashed with originalist readings of the Constitution, applying the 14th Amendment more narrowly than its drafters, and by applying contemporary and living document approaches to constitutional interpretation, says Ediberto Roman at Florida International University.

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