Appellate

  • May 08, 2026

    Mich. Panel Backs School In Ex-Coach's Race Bias Suit

    A Michigan appellate panel affirmed the dismissal of a former Saginaw Township girls basketball coach's race discrimination suit, ruling that he failed to show a school district's investigation into alleged improper recruiting served as a pretext for racial bias. 

  • May 08, 2026

    Tort Report: Tesla's Legal Exposure Seen As High As $14.5B

    A new report stating that Tesla faces billions in legal liabilities and a $140 million football brain injury verdict against the NCAA lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • May 08, 2026

    Transpo Tracker: Boeing 737 Max, John Deere Deal

    In our latest Law360 Transportation Tracker, Boeing is still contending with litigation associated with the 737 Max 8 jets, while a proposed $99 million class settlement could end farmers' right-to-repair claims against agricultural equipment maker John Deere and an appeals court decertified a class of 90,000 State Farm policyholders accusing the insurer of systematically undervaluing totaled vehicles.

  • May 08, 2026

    Fla. Panel Revives Homeowners' Storm Damage Suit

    A Florida appeals court on Friday revived a couple's suit claiming their home insurer wrongfully refused to fully pay a claim for storm damage, saying the lower court erroneously disposed of the case based on the insurer's pretrial motion to exclude the couple's evidence of damages.

  • May 08, 2026

    Vartabedian Katz Sanctioned Over Atty Privilege Violation

    A Texas state court has leveled $120,000 in sanctions against Vartabedian Katz Hester & Haynes LLP for wrongfully obtaining privileged information through discussions with a former in-house counsel of Pioneer Natural Resources in connection with a dispute over oil and gas leases.

  • May 08, 2026

    3rd Circ. Rejects NJ Man's Bid To Revisit $40M Tax Conviction

    The Third Circuit has declined to reconsider upholding the conviction of a man who raked in $40 million from filing false tax returns.

  • May 08, 2026

    Cop Testimony In Pot Case Wasn't 'Harmless,' Fla. Panel Says

    A man sentenced to four years for drug possession with an intent to sell after an officer testified that the intent was shown by the amount of marijuana he possessed, along with baggies and a scale, must have his conviction connected to selling reversed, a Florida appeals court said on Friday.

  • May 08, 2026

    Panel Revives Fight Over Late Burrito Chain Founder's IRA

    Massachusetts' intermediate-level appeals court Friday revived a dispute over who is entitled to the Charles Schwab individual retirement account of the late founder of Anna's Taqueria, a popular Boston-area Mexican restaurant chain.

  • May 08, 2026

    Top Atty In DOJ Appeal Over Law Firm Exec Orders To Depart

    The lead federal prosecutor on the Trump administration's appeal to reinstate executive orders targeting four law firms is stepping down from his government role at the end of May, he publicly announced this week.

  • May 08, 2026

    4th Circ. Backs Toss Of Fired Worker's Whistleblower Suit

    The Fourth Circuit upheld the dismissal of a home health salesperson's suit claiming he was fired out of retaliation for complaining about sexual comments made at a company picnic, ruling the lower court used the correct legal standard to throw out his case.

  • May 08, 2026

    Texas Justices Say Nicotine Pouches Taxable As Tobacco

    The Texas Supreme Court on Friday found that oral nicotine pouches are taxable as tobacco products under state law, as they are made from "tobacco substitutes" through a combination of nicotine extracted from tobacco leaves and plant compounds.

  • May 08, 2026

    Fed. Circ. Weighs Timing Concerns In Tariff Exclusion Denials

    A Federal Circuit panel on Friday largely let attorneys do the talking while attempting to suss out whether the U.S. Department of Commerce properly justified blocking the country's largest vegetable canner from securing tariff exclusions for its imported tin.

  • May 08, 2026

    NY Appeals Court Orders New Trial In Sex Abuse Case

    A New York state appeals court has ordered a new trial for a man convicted of sexual assault, finding he was wrongly denied a short adjournment before prosecutors presented a last-minute witness to rebut his alibi.

  • May 08, 2026

    Prosecutors Oppose Move To Put Off Goldstein Sentencing

    Federal prosecutors are claiming that SCOTUSBlog founder Thomas Goldstein may have violated his pretrial release conditions when he racked up over $1.7 million in gambling income last year, telling a federal judge not to delay sentencing for the famed U.S. Supreme Court lawyer.

  • May 08, 2026

    11th Circ. Backs Alabama State University In Pay Bias Suit

    The Eleventh Circuit on Friday scuttled an equal pay lawsuit from a former athletics official at Alabama State University, finding she failed to identify a male counterpart who performed similar work and yet was paid more.

  • May 08, 2026

    DOL Benefits Chief Warns Of 'Bad Faith' Focus On ESG, DEI

    The top official for the U.S. Department of Labor's employee benefits subagency said at a trade association conference Friday that agency investigations will focus on benefit plan managers' loyalty conflicts, including disloyal pursuits of socially conscious investing or diversity goals.

  • May 07, 2026

    Judiciary Panel Punts AI Rules, Mulls Judges' Survey Results

    Buckle up: Efforts to modernize evidentiary rules amid artificial intelligence fears are getting bumpy, as judiciary advisers Thursday agreed to dramatically delay action while digesting an AI survey of nearly 1,000 judges and organizing a symposium of litigators and tech pros.

  • May 07, 2026

    11th Circ. Won't Revive Volkswagen Driver's Oil Leak Suit

    The Eleventh Circuit declined to revive a Volkswagen driver's proposed class action claiming her SUV suffered from a defect that caused it to leak oil, ruling Thursday she hasn't plausibly alleged the issue rendered the vehicle unsafe, considering she drove it more than 57,000 miles two years before the issue emerged.

  • May 07, 2026

    Fed. Circ. Judges Stuck On Drug Efficacy's Role In Patents

    A Federal Circuit panel struggled Thursday to pin down where the line is between patent enablement on cancer drug patents and U.S. Food and Drug Administration standards, as a Pfizer unit tried to revive its $107 million jury victory over AstraZeneca.

  • May 07, 2026

    Judges Clash On Whether Kelly Urged Order Disobedience

    A D.C. Circuit panel appeared to be headed for a split decision on Defense Secretary Pete Hegseth's appeal of a district court order stopping him from dropping Sen. Mark Kelly's U.S. Navy rank, with judges clashing over whether Kelly ever told service members to disobey lawful orders.

  • May 07, 2026

    Trump Campaign Exits Sex Assault Suit, Manager Appeals

    Days after President Donald Trump's 2016 campaign settled negligence claims in a former aide's sexual assault lawsuit, an ex-campaign manager accused of rape faced doubts from New York state appellate judges that he could escape the case with their help.

  • May 07, 2026

    6th Circ. Tosses Ohio's Out-Of-State Wine Limits

    The Sixth Circuit has struck down as unconstitutional Ohio's restrictions on out-of-state retailers' ability to sell wine directly to consumers in the Buckeye State.

  • May 07, 2026

    NC Panel Rules Prior Verdict Bars Hospital Negligence Case

    A divided North Carolina state appeals court panel pulled the plug on a couple's negligence case against a local hospital, finding their suit is bound by a verdict in a separate, near-identical lawsuit in which a jury cleared the same hospital of wrongdoing.

  • May 07, 2026

    9th Circ. Backs Lead Choice In Super Micro Investor Fraud Suit

    A Ninth Circuit panel has refused to undo a California federal court order rejecting Crain Walnut Shelling's bid to lead a securities class action against Super Micro Computers Inc., concluding Thursday the lower court properly determined other investors had shown the nut processor wasn't fit to spearhead the case.

  • May 07, 2026

    'If It Quacks': Judge Hints Kalshi's Biz Is Sports Gambling

    Fourth Circuit judges appeared dubious Thursday as counsel for Kalshi explained why its "sports event contracts" can only be regulated by the U.S. Commodity Futures Trading Commission rather than state gambling laws, with one judge remarking, "If it quacks, you know, it's a duck. Right? It's gambling isn't it?"

Expert Analysis

  • How 10 Years Of Case Law Have Shaped The DTSA

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    As the Defend Trade Secrets Act reaches its 10th anniversary, attorneys at Ropes & Gray examine recent DTSA case law and highlight key takeaways regarding pleading requirements, damages and risk factors.

  • The Ethics And Practicalities Of Representing AI Agents

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    With autonomous artificial intelligence agents now able to take action without explicit instructions from — or the awareness of — their human owners, the bar must confront whether existing frameworks like informed consent and client privilege will be sufficient on the day an AI agent calls seeking counsel, say attorneys at Morrison Cohen.

  • Notable Q1 Updates In Insurance Class Actions

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    Notable insurance class action decisions from the first quarter of the year included reminders about the statute of limitations as a key defense for claims relating to allegedly deficient forms, the importance of focus on the specific contract at issue and further guidance on the contours of Rule 23, says Kevin Zimmerman at BakerHostetler.

  • 9th Circ.'s Silence Prolongs Uncertainty On Cemex Framework

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    By affirming a bargaining order in Cemex Construction Materials v. National Labor Relations Board without opining on the NLRB’s 2023 expansion of its authority to issue such orders, the Ninth Circuit avoided direct conflict with the Sixth Circuit’s rejection of the same framework, prolonging uncertainty for employers facing union elections, say attorneys at Dinsmore & Shohl.

  • Arguments Show Justices Vacillating On Geofence Warrants

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    Questions and statements by the justices during recent oral arguments in Chatrie v. U.S., probing the Fourth Amendment limits of geofence warrants, revealed a Supreme Court that is skeptical of the government’s most sweeping claims, uncomfortable with the petitioner’s broadest theories and searching for a narrow off-ramp, say attorneys at Rogers Joseph.

  • Surveying The CFTC Campaign To Control Prediction Markets

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    The U.S. Commodity Futures Trading Commission is simultaneously asserting exclusive jurisdiction over prediction markets and signaling aggressive enforcement within them, a combination that will reshape the regulatory landscape for event contract platforms — pending the outcome of several court cases throughout the country and a likely circuit split, say attorneys at Paul Weiss.

  • Series

    Speed Jigsaw Puzzling Makes Me A Better Lawyer

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    My passion for speed puzzling — I can complete a 500-piece jigsaw puzzle in under 50 minutes — has sharpened my legal skills in more ways than one, with both disciplines requiring patience, precision and the ability to keep the bigger picture in mind while working through the details, says Tazia Statucki at Proskauer.

  • Documenting Business Purpose After IRS' 10th Circ. Win

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    Following the Tenth Circuit’s recent Liberty Global v. U.S. decision, which held the economic substance doctrine does not require a threshold relevancy determination, taxpayers can prepare for potential audits by maintaining contemporaneous documentation and taking other steps that demonstrate the business purpose of transactions, say attorneys at Crowell & Moring.

  • Why White Collar Juries Resist 'Honest Mistake' Defenses

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    Cases like the bribery conviction of a Cincinnati City Council member recently vacated by the U.S. Supreme Court show juries often reject “I made an honest mistake” as a white collar defense, but attorneys who understand why jurors convict defendants who made reasonable but flawed decisions can strategize around this, says Jonathan Porter at Husch Blackwell.

  • High Court's Cox Ruling Leaves ISP Copyright Rules Intact

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    Though some commentators predicted a cataclysmic impact from the U.S. Supreme Court's recent decision in Cox v. Sony, in actuality the decision correctly maintains the status quo for internet providers' copyright infringement liability, says Courtney Sarnow at CM Law.

  • Banks Face Cloudy Rate Horizons As Opt-Outs Spread

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    Banks and fintechs are grappling with a fragmented, fast-changing consumer lending landscape as more states consider opting out of preemption under the Depository Institutions and Monetary Control Act, which may ultimately lead to a decrease in interstate lending and access to credit, says Marc Franson at Chapman and Cutler.

  • A Core Weakness In The Challenge To Birthright Citizenship

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    The government’s recent oral arguments against birthright citizenship in Trump v. Barbara would have the Supreme Court use modern immigration classifications as markers for a constitutional boundary that is not expressed in the Fourteenth Amendment, making the theory easier to administer but weaker as a matter of text and history, says attorney Tara Kennedy.

  • 1st Circ. Ruling Offers Post-Muldrow Tips For Handling PIPs

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    The First Circuit's recent ruling in Walsh v. HNTB, one of the first circuit-level applications of Muldrow's lowered adverse employment action threshold, indicates that performance improvement plans can remain on solid footing if they don't affect the terms of employment, says Sasha Thaler at Constangy.

  • Building Codes Ruling May Inform AI Copyright Arguments

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    The Third Circuit's recent decision in ASTM v. UpCodes, finding that republication of copyrighted building codes incorporated into binding law likely constitutes fair use, may help shape intellectual property strategy for standards organizations, rights holders and potentially even AI stakeholders, says Mitesh Patel at Reed Smith.

  • Enviro Ruling And A New Law Signal Shift In La. Legacy Cases

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    Together, a Louisiana state court decision in WMH Farms v. Apache Corp. and an incoming statutory regime signal a sea change for legacy litigation in Louisiana, as courts make it harder to establish proof of contamination, and lawmakers narrow available remedies once contamination is proven, says Philip Wood at Jones Walker.

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