Appellate

  • October 19, 2026

    What The Justices Won't Hear: A Roundup Of Cert Denials

    The U.S. Supreme Court declined to take up cases from Google, a U.S. Navy contractor, and other appellate hopefuls on Monday, according to an order list.

  • October 19, 2026

    Ga. High Court Won't Hear Oral Args In Judge's Ethics Case

    The Georgia Supreme Court has denied a request to hold oral arguments for a probate court judge facing ethics charges for delaying several cases.

  • October 19, 2026

    US Seeks High Court Argument Time In Arizona Voter ID Fight

    The federal government is asking the high court to allow it to argue in favor of the Republican National Committee's bid to reverse a Ninth Circuit decision over two Arizona voting laws, saying it has a substantial interest in federal voting laws and their proper interpretation.

  • October 19, 2026

    Supreme Court To Tackle Admissions Bias Circuit Split

    The U.S. Supreme Court said Monday that it will decide what type of evidence is needed to claim facially neutral admissions policies are racially discriminatory, after turning away two similar cases in the three years since the justices barred the use of affirmative action in higher education.

  • October 19, 2026

    4 Justices Sit Out Appeal, Leaving Copyright Ruling Intact

    The U.S. Supreme Court on Monday left intact a far-reaching Fifth Circuit ruling holding that U.S. copyright termination can recapture foreign rights conveyed in a worldwide grant, not by denying an appeal from major music publishers, but because four justices sat out and left the court without enough members to hear the case.

  • October 19, 2026

    Psilocybin Church Leader Asks 10th Circ. To Redo Ruling

    The founder of a Utah church that uses psilocybin in its practices is asking the Tenth Circuit for an en banc rehearing of a decision allowing officials to prosecute him and the church for drug use, saying the decision violates the First Amendment right to free exercise of religion.

  • October 19, 2026

    Justices Won't Test NLRB Firing Protections After Slaughter

    The U.S. Supreme Court on Monday turned away former National Labor Relations Board member Gwynne Wilcox's challenge to a split D.C. Circuit ruling allowing her firing, declining to ponder whether board members' job protections survived last term's decision in Trump v. Slaughter. 

  • October 19, 2026

    High Court To Mull Home Distilling Ban Following Circuit Split

    The U.S. Supreme Court on Monday agreed to take up a case on the federal tax code's ban on distilling whiskey at home after the Fifth Circuit found the ban unconstitutional but the Sixth Circuit upheld the ban.

  • October 19, 2026

    High Court Won't Settle Circuit Split Over Automatic Stays

    The U.S. Supreme Court on Monday refused to take up a petition asking it to resolve a circuit split over whether state-level proceedings should be automatically stayed during appeals of orders remanding cases from federal to state court.

  • October 19, 2026

    High Court Denies Review Of Navy Contract Termination Suit

    The U.S. Supreme Court on Monday declined to consider a federal contractor's dispute over the Navy's early termination of a fixed-price agreement due to staffing failures, after an appellate panel determined that the government had a right to cancel the contract for default.

  • October 19, 2026

    Justices Remand 3rd Circ. Arbitration Ruling

    The U.S. Supreme Court on Monday vacated and remanded a Third Circuit decision dismissing on jurisdictional grounds a bid by litigation funder Burford Capital to arbitrate a dispute relating to German antitrust litigation.

  • October 19, 2026

    Justices Want SG's Input On Block Of Iowa Immigration Law

    The U.S. Supreme Court on Monday called for the solicitor general's view on whether Iowa can implement a law allowing state officials to arrest previously deported noncitizens and requiring state judges to order that those individuals must leave the U.S.

  • October 19, 2026

    Justices Won't Take Up Fired Black Counselor's Bias Suit

    The U.S. Supreme Court refused Monday to review the dismissal of a Black career counselor's race bias suit alleging a government contractor that aids veterans fired her out of discrimination, declining an invitation to revisit an evidentiary framework set in a landmark 1973 ruling.

  • October 19, 2026

    Justices Reject 9/11 Plea Deals

    The U.S. Supreme Court on Monday declined to tackle two cases challenging former Defense Secretary Lloyd Austin's decision to yank back plea deals that had already been inked with three 9/11 co-conspirators.

  • October 19, 2026

    High Court Won't Hear Google's 'Settled Expectations' Case

    The U.S. Supreme Court on Monday refused to take up a case in which Google argued that the U.S. Patent and Trademark Office has exceeded its authority by using the age of patents as a reason to refuse to review them.

  • October 19, 2026

    Justices Won't Hear Challenge To Chicago Towing Practices

    The U.S. Supreme Court refused on Monday to take up the constitutionality of Chicago's vehicle booting, towing, impounding and disposal practices, with two justices expressing "serious concerns" over the idea of leaving the Seventh Circuit's blessing in place.

  • October 19, 2026

    High Court Skips Blackbeard Shipwreck Copyright Clash

    The U.S. Supreme Court on Monday declined to hear a videographer's long-running copyright case over photos and videos they took of the famous pirate Blackbeard's shipwreck off the coast of North Carolina.

  • October 19, 2026

    Justices Decline To Consider Police Raid Takings Circuit Split

    The U.S. Supreme Court declined Monday to review a pair of cases that ask whether there is a police power exemption to the Fifth Amendment's takings clause, a question that has fractured the lower courts.

  • October 16, 2026

    2nd Circ. Denies Rehearing In Tylenol Autism Suits

    The Second Circuit on Friday denied a bid by Tylenol maker Kenvue and several retailers to reconsider its ruling that a district court improperly excluded expert testimony for plaintiffs who claim prenatal exposure to the over-the-counter pain reliever causes autism and ADHD.

  • October 16, 2026

    Texas Court Tosses $60M Security Guard Scuffle Verdict

    A Texas appeals court Friday tossed a roughly $60 million verdict and castigated the trial court for creating a record "rife with error" after the lower court wrongly included several corporate entities in a judgment relating to a scuffle between a security guard and a patron.

  • October 16, 2026

    Fla. High Court Says 'COVID Brain' Can't Excuse Atty Blunder

    The Florida Supreme Court found an attorney guilty of misconduct over his lack of candor when questioned about an interaction with his own witness in a paternity trial, saying there's no way "COVID brain" caused him to violate a sequestration rule and lie to a judge. 

  • October 16, 2026

    Texas Court Revives REIT's Claims Over Short Seller Article

    A Texas appellate court has partially revived a suit by a farmland-centered real estate investment trust against a Texas hedge fund that allegedly helped pen a defamatory article while short selling the REIT, saying the REIT pled valid business disparagement claims.

  • October 16, 2026

    Wash. Justices Void Vague Release Term For Sex Offender

    The Washington Supreme Court has reversed a convicted child molester's community custody condition that he not possess or access "sexually exploitive materials" because the term is not clearly defined in state law, and could potentially mean many things.

  • October 16, 2026

    NORML Urges 6th Circ. To Reconsider Pot Illegality Ruling

    The National Organization for the Reform of Marijuana Laws, a leading cannabis consumer advocate, is urging the Sixth Circuit to rehear its decision throwing out a $31.8 million jury verdict for a Michigan marijuana grower, arguing federal illegality should not categorically bar contract damages against a cannabis purchaser that breached a supply deal.

  • October 16, 2026

    5th Circ. Revives Snapper Switch Suit Against Upscale Resto

    The Fifth Circuit Friday revived a proposed class action that accused a historic fine-dining Mississippi restaurant of scheming to sell inexpensive foreign fish while pricing them as more expensive premium local fish, saying in a published opinion that a diner plausibly alleged the fish mislabeling was "widespread and routine."

Expert Analysis

  • Fed. Circ. Rulings Emphasize Adjudicative Access And Review

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    Decisions from the Federal Circuit's 2026 docket indicate that the court is increasingly paying attention to whether tribunals possess authority to act, meaning practitioners will need to properly address procedural hurdles before they can argue the merits of a case, say attorneys at Reichman Jorgensen.

  • Amazon v. Perplexity Ruling Limits CFAA Reach Over AI Tools

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    The Ninth Circuit's recent decision in Amazon v. Perplexity provides important early guidance on how the Computer Fraud and Abuse Act applies to agentic artificial intelligence, and is the latest in a line of rulings in which courts have declined to stretch existing statutes to broadly regulate AI, say attorneys at Ropes & Gray.

  • Managing OSHA Mental Illness Logs After 5th Circ. Vacatur

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    Employers with facilities in multiple states need to carefully weigh their recordkeeping procedures following the Fifth Circuit’s recent decision that the Occupational Safety and Health Administration cannot require employers to log work-related mental illness, as inconsistent logs across facilities may raise other issues, say attorneys at Haynes Boone.

  • Expect More Probes After 3rd Circ. Algorithmic Pricing Ruling

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    The Third Circuit's recent decision in Cornish-Adebiyi v. Caesars Entertainment, allowing algorithmic price-fixing claims to proceed past motions to dismiss, may serve as a road map for how to contend with increased litigation risk in this developing area of antitrust law, say attorneys at BakerHostetler.

  • Series

    Being In A Band Made Me A Better Lawyer

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    Playing shows in storied New York City venues and rehearsing with my bandmates in poorly ventilated rooms helped develop the professional qualities I rely on as a litigator, including an ability to collaborate with strong-minded equals and the determination to treat each client with singular focus, says Eliad Shapiro at Herrick Feinstein.

  • 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.

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