Appellate

  • October 14, 2026

    Judge Questions Limits On National Guard Deployment

    Tensions rose in a D.C. federal courthouse Wednesday when a federal appeals court judge asked the government what the limiting principle is in the president calling up the National Guard.

  • October 14, 2026

    Ga. Justices Deem Fire Fee Illegal, Back $30M In Refunds

    A Georgia county must issue more than $30 million worth of refunds and interest to property owners to whom it charged a fire protection fee, the state's high court affirmed Wednesday, finding the fee constituted an unauthorized tax.

  • October 14, 2026

    Fed. Circ. Won't Revive UPL Patent, But Rejects Sanctions

    The Federal Circuit on Wednesday refused to bring back an agricultural fungicide patent owned by UPL Ltd. that was invalidated at the Patent Trial and Appeal Board, but also shot down a bid to sanction the Indian agrochemicals company.

  • October 14, 2026

    Fed. Circ. Affirms Toss Of Hulu Digital Advertising Patent Suit

    The Federal Circuit on Wednesday upheld a California federal judge's decision dismissing a suit brought by a patent-holding company accusing streaming giant Hulu of infringing patents covering advertising in digital media, finding the patent claims cover an abstract idea and lack an inventive concept.

  • October 14, 2026

    Feds Fight Top Court Review Of Ex-Defender's Sex Bias Suit

    The federal judiciary has urged the U.S. Supreme Court to reject a former assistant public defender's petition challenging its internal complaint process for workplace sex harassment, arguing the questions she presented weren't properly preserved in the lower courts.

  • October 14, 2026

    Ga. Atty Disbarred After Guilty Plea In Police Report Scheme

    The Georgia Supreme Court Wednesday disbarred a personal injury lawyer who pled guilty for his part in a scheme using stolen accident reports to find clients and financially benefit from settlement money.

  • October 14, 2026

    US Urges 4th Circ. To Reverse Afghan Families Entry Orders

    The Trump administration urged the Fourth Circuit to reinstate a travel ban on families seeking to join Afghan refugees granted asylum in the United States, arguing a lower court lacked authority to override the State Department's decision.

  • October 14, 2026

    1st Circ. Rejects Brown U. Prof's Challenge To Deportation

    The First Circuit has said it lacks jurisdiction to review a Brown University professor's deportation and five-year ban on trying to return to the United States, affirming a Massachusetts district judge's dismissal of her habeas petition.

  • October 14, 2026

    Voting Groups Tell High Court To Block Citizenship Proof Rule

    A number of voting rights groups are urging the Supreme Court to reject the Republican National Committee's bid to undo a Ninth Circuit ruling over two Arizona voting laws, saying the RNC failed to show that documentary proof of citizenship is necessary to vote by mail and in presidential elections.

  • October 14, 2026

    Jail Policy Referendum Needed Union Input, Pa. Justices Told

    A referendum to limit certain methods of restraining inmates at the Allegheny County Jail in Pittsburgh was void from the start because it had interfered with jail guards' safety and should have been bargained with the union, the guards' attorney told the Pennsylvania Supreme Court on Wednesday.

  • October 14, 2026

    4th Circ. Pauses Comcast DOL Appeal For High Court Case

    The Fourth Circuit put Comcast Corp.'s challenge to the U.S. Department of Labor's authority to hear a whistleblower retaliation case on hold pending a U.S. Supreme Court ruling on the agency's power to adjudicate employment disputes.

  • October 14, 2026

    4th Circ. Faults Board For Discounting Gang Death Threats

    A Fourth Circuit panel ruled an immigration appeals board erred when it refused to revisit a Honduran woman's asylum denial after gang members purportedly threatened to kill her and her daughter if they returned to that country.

  • October 14, 2026

    Pa. Property Transfer To Trust Found Subject To Tax

    A Pennsylvania man's transfer of property to his family's trust is subject to transfer tax because the trust was not an ordinary trust exempt from the tax, the state's Commonwealth Court ruled.

  • October 13, 2026

    What To Watch As Justices Weigh Video Privacy Law's Scope

    The U.S. Supreme Court is poised to hear arguments Wednesday over who can sue under the decades-old Video Privacy Protection Act in a dispute that experts say is likely to hinge on the approach the justices take to squaring the statute's original intent with the capabilities of modern tracking technologies.

  • October 13, 2026

    2nd Circ. Says Voyager's Bank Didn't Know About Fraud

    The Second Circuit has declined to revive a 53-count suit alleging Voyager Digital's former bank, Metropolitan Commercial Bank, was complicit in the now-defunct crypto lender's fraud, agreeing with the lower court that the suit failed to allege the bank knew about Voyager's fraud or aided in it.

  • October 13, 2026

    DC Circ. Mulls Whether EPA Can Set Waiver Post-Deadline

    The D.C. Circuit is set to decide if the Environmental Protection Agency is allowed to go back and change the amount of renewable fuel that gas-producing companies have to make in a given year after the deadline for doing so has passed.

  • October 13, 2026

    Kalshi Seeks Full 6th Circ. Review Of Sports Contract Ruling

    Kalshi is asking the entire bench of Sixth Circuit judges to take another look at a September ruling that declined to shield its sports event contracts from Ohio and Tennessee gambling regulators, arguing recent rule proposals from the U.S. Commodity Futures Trading Commission "substantially undermine" the appeals court's decision.

  • October 13, 2026

    Justices Won't Review 9th Circ. Revival Of Trafficking Case

    The U.S. Supreme Court on Tuesday declined to review the full Ninth Circuit's February ruling that Congress' 2023 bill clarifying civil liability for companies that "attempt to benefit" from human trafficking of Cambodian workers can apply retroactively.

  • October 13, 2026

    Del. High Court Upholds Forum Limit In Amazon Records Case

    The Delaware Supreme Court on Tuesday upheld a lower court's decision that both curtailed the type of records an Amazon shareholder can seek as it investigates alleged anticompetitive behavior at the company, and restricted where the investor can sue. 

  • October 13, 2026

    10th Circ. Skeptical Of NCAA Eligibility Injunction's Scope

    A Tenth Circuit panel appeared hesitant Tuesday to uphold an injunction issued by a Colorado federal judge that granted eligibility to thousands of NCAA athletes excluded from the organization's new eligibility rule implemented this year.

  • October 13, 2026

    Colo. Panel Probes Challenge To Large-Scale Feedlot Permit

    The Colorado Court of Appeals challenged environmental groups' opposition to a permit allowing large-scale animal feeding facilities to operate without certain monitoring requirements, but pressed counsel for both parties on Tuesday on the permit's purpose amid potential pollution to the state's waterways.

  • October 13, 2026

    Mich. High Court Forces Judge To Retire Over Misconduct

    The Michigan Supreme Court has ordered a former Jackson County judge to retire and barred him from holding judicial office again after finding he abused alcohol, sexually harassed female colleagues, interfered in court proceedings and deliberately concealed delays in issuing rulings.

  • October 13, 2026

    Justices Decline Review Of Gun Ban For Cannabis Felony

    The U.S. Supreme Court on Tuesday declined to review whether a Tenth Circuit ban on gun ownership for people convicted of nonviolent felony offenses conflicts with the high court's ruling earlier this year striking down gun regulations for drug users.

  • October 13, 2026

    Fed. Circ. Upholds Alice Ax Of Targeted Ad Patents

    The Federal Circuit on Tuesday refused to revive a series of patents relating to internet advertising in a dispute between rival ad platforms after a New York federal court found the patents didn't pass the U.S. Supreme Court's Alice test.

  • October 13, 2026

    Ex-U. Of Fla. Urologist Can't Get Sex Bias Suit Back On Track

    The Eleventh Circuit refused Tuesday to reinstate a lawsuit from a doctor who said gender discrimination got her removed from University of Florida's urology department, unpersuaded by her argument that a lower court prematurely shut down the bulk of her lawsuit.

Expert Analysis

  • 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.

  • Navigating The Limits Of Calif. Justices' Public Pension Ruling

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    Despite the California Supreme Court's recent holding that counties and cities wield discretion over classification and salary decisions for their public retirement board staff, it is important to remember that such authority is not unchecked as unreasonable rejections remain subject to judicial review, say attorneys at Reed Smith.

  • 3 Rulings Show High Court's Transnational Litigation Stance

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    The U.S. Supreme Court's most recent term closed with three consequential decisions for transnational litigation that illustrate the court's readiness to enforce a Congress-created cause of action for overseas conduct and unwillingness to create this liability itself, say attorneys at WilmerHale.

  • Del. High Court Ruling Signals Next Post-Jarkesy Phase

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    The Delaware Supreme Court recently ruled in Swan Energy v. Investor Protection Unit that the jury trial principles underlying the U.S. Supreme Court’s Jarkesy opinion do not compel the same result under the state's constitution, offering state courts a road map for the next phase of administrative enforcement litigation, says Benjamin Lajoie at Nelson Mullins.

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