Appellate

  • May 19, 2026

    Split 8th Circ. Revives Challenge To NHTSA Brake Light View

    A split Eighth Circuit panel revived a lawsuit Monday by two Arkansas-based distributors of pulsing brake lights, ruling the companies can challenge the National Highway Traffic Safety Administration's letters declaring the products illegal and laying out plans to "threaten" customers with fines.

  • May 19, 2026

    Fed. Circ. Rehearing Sought In $18M Penile Implant Dispute

    The Federal Circuit has been asked to have another look at a decision that largely reversed a California federal jury verdict that awarded $18.3 million to International Medical Devices Inc. in a trade secret case related to penile implants.

  • May 19, 2026

    Hanna Wants 3rd Circ. To Weigh Homebuyers' Antitrust Suit

    Hanna Holdings Inc. urged a Pennsylvania federal court to let the Third Circuit weigh in on the lower court's dismissal orders for a proposed antitrust class action that accuses the real estate brokerage of conspiring with other parties to artificially inflate buyer-broker commission fees.

  • May 19, 2026

    Payroll Vendor Not Care Workers' Employer, 3rd Circ. Says

    A payroll services vendor for Pennsylvania's Medicaid-funded home care program cannot be held jointly liable for unpaid overtime because it did not exercise significant control over caregivers, the Third Circuit ruled Tuesday, affirming the company's bench trial win.

  • May 19, 2026

    11th Circ. Says Two-Dismissal Rule Sinks Boat Insurer's Claim

    An Eleventh Circuit panel on Tuesday said an insurer cannot file its action seeking to avoid coverage for a boat fire a third time, determining that its two previous voluntary dismissals barred any further litigation, even if the first dismissal was by mutual agreement.

  • May 19, 2026

    TikTok Says 'Market Exploitation' Doesn't Give NC Jurisdiction

    TikTok is pushing the North Carolina Supreme Court to throw out claims by the state's attorney general alleging it deceptively marketed its platform as safe for minors, saying the "market exploitation" theory would in effect allow any business that operates on the internet to be hauled into any state court.

  • May 19, 2026

    Revoking Workers' Comp A 'Slippery Slope,' Pa. Justice Says

    A Pennsylvania Supreme Court justice Tuesday warned that cutting off workers' compensation benefits for disregarding a doctor's general health advice, such as not smoking, could be a "slippery slope" that leads to the end of coverage for many across the state.

  • May 19, 2026

    Ill. Justices Wary Of Uber's Push To Arbitrate Fatal Crash Suit

    Illinois Supreme Court justices on Tuesday pressed an attorney for Uber to explain how a widow's arbitration agreement through her own ride-sharing account is applicable to the wrongful death claims she has filed on behalf of her husband, who died as a passenger on a ride booked through his own Uber app. 

  • May 19, 2026

    NJ Plans To Take 3rd Circ. Kalshi Loss To US Supreme Court

    New Jersey plans to seek U.S. Supreme Court review of a recent Third Circuit decision that upheld an injunction on the state's attempt to ban sports prediction markets, according to a joint status report filed by the state and KalshiEx LLC in New Jersey federal court. 

  • May 19, 2026

    Panel Says Solar Cos. Lack Standing Over Grid Upgrade Bill

    The D.C. Circuit on Tuesday tossed solar development companies' claims that a regional transmission organization's flawed methodology led to an assignment of $311 million in grid upgrade costs to facilitate their grid connection requests, finding the developers lack standing.

  • May 19, 2026

    Pa. Panel Won't Undo Arbitration In Airbnb Death Case

    The Pennsylvania Superior Court on Tuesday rejected an appeal by the estate of a man who died while staying at an Airbnb property, saying a recent state high court ruling bars it from reviewing a trial court's decision to send the case to arbitration.

  • May 19, 2026

    Mich. Panel Says Gauze, Gloves Not Tax-Exempt Prosthetics

    A Michigan appellate court panel has affirmed a tax ruling against a medical equipment company, holding that prescription gauze, bandages, gloves, wound dressings and related supplies sold to disabled patients do not qualify as tax-exempt prosthetic devices under the state's General Sales Tax Act. 

  • May 19, 2026

    Ohio Panel Says Incompetence Doesn't Affect State Of Mind

    An Ohio appeals court has ruled that sufficient evidence exists that a man had the state of mind necessary to commit burglary and kidnapping offenses despite later being declared mentally incompetent to stand trial and confined in a mental hospital.

  • May 19, 2026

    Ala. Power Co. Must Face Coal Ash Claims, 11th Circ. Says

    The Eleventh Circuit has revived a suit alleging Alabama Power Co.'s plan to cap a 21-million-ton coal ash dump violates federal regulations, ruling that the environmental group suing the company clearly had standing and that its suit "should not have been dismissed."

  • May 19, 2026

    DC Urges Panel To Uphold National Guard Injunction

    The District of Columbia said neither federal law nor the D.C. Code authorizes the president's deployment of the D.C. National Guard for law-enforcement activities in the district, urging the D.C. Circuit to uphold an injunction barring the deployment.

  • May 19, 2026

    2nd Circ. Rejects Defunct Soccer League Antitrust Appeal

    A Second Circuit panel on Tuesday refused to grant the North American Soccer League a new antitrust trial against Major League Soccer and soccer's U.S. governing body, concluding that the defunct league waived any arguments about market definition, and even if it didn't, its assertions still fail.

  • May 19, 2026

    FTC Wants 5th Circ. To Pause Appeal In Merger Filing Case

    The Federal Trade Commission asked the Fifth Circuit to put its appeal on hold in a case challenging the agency's effort to overhaul its premerger filing requirements, to give enforcers time to consider developing a new revision.

  • May 19, 2026

    Seeborg's Term As Calif. Northern District Chief Judge To End

    Chief District Judge Richard Seeborg is expected to conclude his time as the top judge for the Northern District of California in July, according to a spokesperson for the judiciary, to be succeeded by U.S. District Judge Yvonne Gonzalez Rogers.

  • May 19, 2026

    Non-Clients Say Katten Attys' 'Double-Cross' Bars Immunity

    Two onetime Katten Muchin Rosenman LLP attorneys accused of violating a joint defense agreement in a federal criminal healthcare fraud investigation should not be able to avail themselves of a Texas attorney immunity doctrine, according to two co-defendants who allege they were offered as "sacrificial lambs" in a "double-cross that would make good fiction."

  • May 19, 2026

    Colo. Justices Say Deceit Law Covers Indirect Actions

    A man's conviction for attempting to influence a public servant was upheld by the Colorado Supreme Court, which ruled that a state law covers defendants who use another person to pass along false information to a public official.

  • May 19, 2026

    Fed. Circ. Restores 2 Patent Suits On Same Standing Issue

    The Federal Circuit on Tuesday reinstated a pair of patent infringement suits from patent owners that licensed their intellectual property to other parties, finding that the companies met the minimum constitutional requirements to show they had standing to sue.

  • May 19, 2026

    Feds Say High Court Should Skip Religious Bias Vax Fight

    The U.S. solicitor general urged the U.S. Supreme Court not to wade into a religious bias case challenging New York's COVID-19 vaccine mandate for healthcare workers, arguing that a Second Circuit decision backing the case's dismissal did not undermine federal civil rights law.

  • May 19, 2026

    Pa. Justices Debate State's Immunity In Roadway Death Suit

    Pennsylvania Supreme Court justices seemed torn Tuesday between the idea that the state's Department of Transportation doesn't "own" everything above and below its roadways and the concept that the agency could duck liability for obvious risks like falling branches or crumbling bridges.

  • May 19, 2026

    Anthropic Says Defense Dept. Smeared It Over AI Red Lines

    Potential splits emerged Tuesday between D.C. Circuit judges questioning the legality of the U.S. Department of Defense's move to bar Anthropic from government contracting, with the AI company claiming it had been targeted and smeared as a national security threat for nothing more than a contract dispute.

  • May 19, 2026

    Fed. Circ. Won't Rehear Chemical Co.'s Duty Refund Dispute

    The Federal Circuit won't reconsider its rejection of a chemical manufacturer's argument that federal law required its claim for a petroleum derivative duty refund to be processed automatically, despite the company's claim that the court misconstrued the relevant law and precedent.

Expert Analysis

  • A Fed. Circ. Blueprint For Drafting Medical Device Patents

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    The Federal Circuit's decision in Constellation Designs v. LG last month, among other recent rulings, underscores the importance of emphasizing engineering, rather than clinical goals, when drafting patent claims for medical devices and software as a medical device, says Brandon Theiss at Volpe Koenig.

  • Decoding Arbitral Disputes: EU's Arb. Defense From Russia

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    The EU's latest package of restrictive measures against Russia marks a significant shift from merely resisting Russian jurisdictional tactics to proactively protecting arbitration and exclusive jurisdiction agreements, elevating the procedural importance of dispute resolution clauses, says Josep Galvez at 4-5 Gray's Inn Square.

  • Becoming The Biz-Savvy GC That Portfolio Companies Need

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    Candidates for general counsel roles at private equity-backed portfolio companies should prioritize proving their sector-specific experience, commercial judgment and ease with uncertainty — and attorneys hoping to be candidates in five to 10 years should start working on those skills now, says Dimitri Mastrocola at Major Lindsey.

  • Nielsen Appeal Tests Antitrust Limits Of Pricing And Bundling

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    In Cumulus v. Nielsen, the Second Circuit is considering a structural pattern in which a monopolist exploits upstream market power to foreclose downstream competition, which could potentially offer broad insight into how courts will assess exclusionary bundling and pricing defenses under antitrust law, says Luke Hasskamp at Bona Law.

  • Series

    Judges On AI: How Courts Can Survive The Tech Revolution

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    Colorado Supreme Court Justice Maria Berkenkotter and Colorado Court of Appeals Judge Lino Lipinsky de Orlov discuss how artificial intelligence has already fundamentally altered the legal system and offer tips for courts navigating deepfakes, hallucinations and a gap in access to AI tools.

  • 'Skinny Label' Arguments Spotlight Induced Infringement Risk

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    Recent oral arguments before the U.S. Supreme Court in Hikma Pharmaceuticals v. Amarin Pharma highlight the uncertain boundary between lawful generic competition through so-called skinny labels and induced patent infringement, with potential implications for patent holders’ communication, enforcement and causation strategies across industries, says Anton Hopen at Trenam.

  • A Framework For Habeas Relief After 5th Circ. Bond Ruling

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    Following the Fifth Circuit’s recent Buenrostro-Mendez v. Bondi decision foreclosing statutory bond for detained nonimmigrants not deemed admitted to the U.S., lawyers should adopt a framework that requests habeas relief pursuant to the Fifth Amendment’s due process clause, says Kemal Hepsen at Mandamus Lawyers.

  • 4th Circ. Ruling Will Rewrite Class Action Litigation Strategies

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    The Fourth Circuit's recent decision in Oliver v. Navy Federal Credit Union is the first from a federal circuit court to hold that motions to strike are inappropriate vehicles for challenging class allegations at the pleading stage, invalidating a tactic that had been used for decades, says Jim Francis at Francis Mailman.

  • Startup Founder Disputes Increasingly Turn On Governance

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    Recent Delaware developments suggest that as courts place increasing emphasis on board process, independence and oversight in founder-led startups, the growing intersection of governance, technology risk and investor oversight is accelerating both the emergence and escalation of founder disputes, says mediator Frank Burke.

  • 3 AI Adoption Mistakes GCs Should Avoid

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    The pressure in-house legal teams face to quickly adopt artificial intelligence tools, combined with budget constraints and the need to evaluate a crowded market of options, sets the stage for implementation mistakes that are often difficult to undo, says former 23andMe general counsel Guy Chayoun.

  • Series

    Playing Basketball Makes Me A Better Lawyer

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    My grandfather used to say "I wear your jersey" as shorthand for wholly committing to support someone with loyalty and integrity — ideals that have shaped my life on the basketball court and in legal practice, says Tracy Schimelfenig at Schimelfenig Legal.

  • Salt-N-Pepa Suit May Shake Up Music Copyright Issue

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    James v. UMG Recordings is a copyright termination rights case that provides an opportunity for the Second Circuit to make concrete choices about grant language, authorship, work-for-hire status and survival of derivative works, says attorney Abdul Abdullahi.

  • Opinion

    5th Circ.'s Abortion Pill Order Is Shaky On Multiple Grounds

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    The Fifth Circuit's recent order in Louisiana v. U.S. Food and Drug Administration, reinstating an in-person dispensing requirement for the abortion medication mifepristone, seems to turn federalism upside-down, and is also questionable for several other reasons, says Gregory Curtner at Curtner Law.

  • Series

    The Biz Court Digest: Georgia Court Has Business On Its Mind

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    Thanks to recent legislation, the Georgia State-wide Business Court will soon offer business litigants greater access to the court than ever before, further enhancing the court's emphasis on efficiency, predictability and accessibility for sophisticated commercial disputes, says former GSBC judge Walt Davis at Jones Day.

  • 5 Takeaways From Justices' Subpoena Fight Ruling

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    The U.S. Supreme Court's recent decision in First Choice v. Davenport fortifies a line of First Amendment associational privacy cases stretching back nearly 70 years, and ensures that organizations subject to government demands for donor information have a meaningful federal forum in which to defend their constitutional rights, say attorneys at DLA Piper.

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