Appellate

  • September 10, 2026

    Indiana Justices Probe Timing Of Religious Abortion Suit

    Indiana justices sharply questioned both sides Thursday as they wrestled with whether the state's religious freedom law can be used to protect the abortion rights of Jewish women, repeatedly asking whether the case had developed enough to warrant a ruling.

  • September 10, 2026

    Mass. Panel Says Liquor Board Can Tailor Licensing Penalty

    A Massachusetts appellate court held Thursday that revoking a wholesale alcohol supplier's license for violating common ownership rules was not mandatory, finding that state law gives regulators leeway to impose a lesser punishment. 

  • September 10, 2026

    Mass. Judge Sanctioned Over Handling Of ICE At Courthouse

    Massachusetts' highest court on Thursday sanctioned a judge over her handling of a case involving a defendant wanted by immigration agents in 2018, an incident that led to federal charges that were dismissed after the judge agreed to a disciplinary process.

  • September 10, 2026

    US Asks 1st Circ. To Back $3.3M Tax Bill For 'Survivor' Winner

    A Rhode Island federal court correctly entered a $3.3 million tax judgment against the first "Survivor" winner, the government told the First Circuit, saying the former contestant failed to refute the tax assessments and had agreed to a U.S. Tax Court decision that determined his liability and penalties.

  • September 10, 2026

    5th Circ. Upholds NAR Exit From Membership Rules Case

    The Fifth Circuit found a Texas real estate broker failed to show enough evidence in a third amended complaint to bring antitrust claims challenging rules from the National Association of Realtors that mandate trade group membership to gain access to home listings.

  • September 10, 2026

    Mich. Panel Keeps 2 Detroit-Area Candidates Off The Ballot

    A Michigan appeals court has upheld an order removing two employees of a city outside Detroit from the ballot in the November election, rejecting the city's argument that a charter provision requiring municipal employees to resign before running for elected office violates the First Amendment. 

  • September 10, 2026

    FCC Ordered To Answer Petition In Discounted Ads Fight

    The Fourth Circuit has ordered the Federal Communications Commission to answer a petition from a group of Democratic candidates seeking to block an agency action that extended discounted television and radio advertising rates to committees that buy spots in coordination with political candidates.

  • September 10, 2026

    6th Circ. Says GE Asbestos Suit Belongs In Kentucky Court

    The Sixth Circuit sent a woman's suit against General Electric Co. over her husband's asbestos-related mesothelioma back to Kentucky state court, rejecting the company's argument that the man's military service warranted removal to federal court.

  • September 10, 2026

    DuPont, Spinoffs Ink Historic $590M PFAS Deal In NC

    DuPont and its spinoffs will pay $590 million to resolve claims they contaminated North Carolina's environment with forever chemicals, marking the largest total environmental damages recovery in the state's history, Attorney General Jeff Jackson and The Chemours Co. announced Thursday.

  • September 10, 2026

    High Court Bars Mo. From Using GOP Map In Midterms

    Missouri cannot use a newly drawn congressional map that favors Republicans in the midterms, the U.S. Supreme Court ruled Thursday when it stayed a federal judge's order that would've required state election officials to use the challenged map despite the Missouri Supreme Court deeming it invalid without voter approval.

  • September 09, 2026

    Kalshi Seeks Rehearing After 9th Circ. Loss

    Kalshi on Wednesday asked the Ninth Circuit to rehear its dispute with Nevada regulators, arguing the appeals court miscast its sports event contracts as sports bets in an August opinion that cleared the way for the state's gaming regulators to pursue the prediction market platform.

  • September 09, 2026

    Wash. Officials Immune To Energy Code Suit, 9th Circ. Says

    The Ninth Circuit on Wednesday refused to revive a building industry coalition's lawsuit challenging Washington state regulations that discourage natural gas appliances in new construction, holding in a published opinion that the government officials the coalition sued are "shielded by sovereign immunity."

  • September 09, 2026

    9th Circ. Deems NCAA's 5-Year Rule Injunction Appeals Moot

    A Ninth Circuit panel on Wednesday tossed the NCAA's appeals of court orders barring it from enforcing its five-year rule to sideline two football players from the 2025 season, finding the cases are moot because the "clock has run out" on the season and the athletes' collegiate careers have wrapped.

  • September 09, 2026

    Fed. Circ. Eyes PTAB Cases That May Sink $445M Netlist Win

    A $445 million verdict against Micron Technology Inc. for infringing two Netlist Inc. computer memory patents hung in the balance Wednesday, as a Federal Circuit panel questioned Netlist's arguments that the Patent Trial and Appeal Board wrongly found claims in both patents invalid.

  • September 09, 2026

    11th Circ. Orders Resentence After Hobbs Act Guideline Shift

    The Eleventh Circuit has ruled that a Florida man must be resentenced in his robbery and firearm brandishing case because a federal court used a newer version of the U.S. Sentencing Guidelines than was in effect when the offense was committed.

  • September 09, 2026

    DC Circ. Denies Bid To Force FCC Action On News Policy

    A D.C. Circuit panel declined Wednesday to compel the Federal Communications Commission to respond to a petition seeking a repeal of its news distortion policy, saying the petitioners failed to establish that they have no other adequate means to seek relief.

  • September 09, 2026

    Texas Court Finds Most Of O'Rourke Fundraising Appeal Moot

    A Texas appellate court in a split decision found that onetime presidential hopeful Beto O'Rourke's challenge to a court order blocking fundraising for state Democrats is moot and separately ruled that a Tarrant County, Texas, court has jurisdiction over the case.

  • September 09, 2026

    Mo. Voters Ask High Court To Sort Out 'Irreconcilable' Rulings

    Voters opposed to Missouri's newly drawn congressional map that favors Republicans in the midterms asked the U.S. Supreme Court on Wednesday to lift a federal judge's order requiring state election officials to use the challenged map, which the Missouri Supreme Court deemed invalid without voter approval.

  • September 09, 2026

    Ga. Panel Upholds $8.5M Verdict Over Diabetic Driver Crash

    A Georgia appeals court on Wednesday affirmed an $8.5 million verdict against a trucking company that employed a driver with a history of failing to manage his diabetes who negligently ran another big rig off the road during a medical emergency, saying certain evidence was not improperly admitted.

  • September 09, 2026

    9th Circ. Says Duress Is No Defense For Persecution

    A Ninth Circuit panel denied an El Salvador man's appeal contesting the rejection of his bid for deportation relief, ruling there is no implied duress defense to a statutory bar that withholds such relief from people who assisted in the persecution of others.

  • September 09, 2026

    Judge Denies Validity Redo After $38M Verdict Partly Revived

    Bottler Shibuya Hoppmann and dairy company HP Hood are not entitled to a new trial on the validity of Steuben Foods' bottle sterilization patents after the Federal Circuit partly revived a $38 million infringement verdict against them, a Delaware federal judge said Wednesday.

  • September 09, 2026

    NC Justices Probe TikTok's State Contacts In Addiction Case

    The North Carolina Supreme Court grappled Wednesday with whether TikTok and its parent company should have to face the attorney general's suit alleging the app is addictive to young users, with TikTok arguing its general national business practices do not create ties to the Tar Heel State sufficient to be dragged into court there.

  • September 09, 2026

    2nd Circ. Says FDIC Need Not File Claim To Save SVB Setoff

    The Federal Deposit Insurance Corp. is not required to file a claim in the bankruptcy case of Silicon Valley Bank's former parent to preserve its defensive setoff rights, the Second Circuit found Wednesday, delivering another blow to the company in its legal battle with the regulator.

  • September 09, 2026

    White Officer Wants Justices' Take On DEI Training Lawsuit

    A white former Colorado corrections officer urged the U.S. Supreme Court to weigh in on whether mandated attendance at a single workplace diversity training that allegedly included discriminatory content is enough to warrant reinstating his race harassment lawsuit. 

  • September 09, 2026

    Texas Justices Deny Bid To Undo $37M Arbitration Award

    The Texas Supreme Court on Wednesday declined to take up a bid by a Dallas-based alternative investment company seeking to toss a $37 million arbitration award in favor of the company's former director.

Expert Analysis

  • Trump Admin's Agency Records Purge Tests Judicial Notice

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    While courts commonly take judicial notice of data in government websites and reports, the Trump administration's recent modification or wholesale deletion of these sources means that litigants must look elsewhere to support trial admission of this information, says Jon Gryskiewicz at Lewis Baach.

  • Series

    Cow Horse Makes Me A Better Lawyer

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    Moving an unwilling 800-pound cow while riding a horse at high speed is exhilarating, a little unhinged and, at least for me, a surprisingly effective training ground for litigation — both demand focus, preparation over rigid planning and the willingness to act despite fear, says Ashley Zitrin at Glenn Agre.

  • Fla. Driver Ruling Shows Renewed Focus On Privacy Standing

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    A Florida federal court's recent dismissal of a class action alleging that private driving records had been improperly used in violation of the Driver's Privacy Protection Act suggests that companies defending against privacy class actions in Florida may reconsider Article III challenges at the dismissal stage, say attorneys at Sidley.

  • Vax Ruling Offers Employer Tips For Handling Political Speech

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    A California appeals court's recent decision in Rademacher v. ABC, rejecting a "General Hospital" actor's suit alleging he was terminated for opposing a vaccine policy, demonstrates the importance of the employer's process, including neutral policies, documentation, and evidence of who knew what and when, say attorneys at Krevolin Horst.

  • O Brother, Where Art DAO? Jurisdiction Issues Abound

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    While there is a dearth of decisions examining a decentralized autonomous organization's citizenship for diversity jurisdiction purposes, Second Circuit case law has defined citizenship for other unincorporated entities, which may guide how courts evaluate an increasing number of cases involving DAOs, says Michael Mix at Morrison Cohen.

  • Protecting AI-Driven Innovation In Life Sciences IP

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    Recent developments, including the U.S. Patent and Trademark Office's evolving inventorship standards, and the impact of artificial intelligence on the "person of ordinary skill in the art" standard demand that life sciences companies elevate AI patent strategy to a top priority, says Sandra Haberny at Quinn Emanuel.

  • 2nd Circ. Ruling Notably Limits Sentencing Courts' Discretion

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    The Second Circuit’s recent decision in U.S. v. Dralle clarifies the bounds of sentencing courts’ ability to consider uncharged or co-defendant conduct without tying it to statutory sentencing factors, and it may have broader implications for limiting loss attribution in white collar and other criminal cases, say attorneys at Lowenstein Sandler.

  • High Court's Hikma Decision Reshapes 'Skinny Label' Suits

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    The U.S. Supreme Court's decision in Hikma v. Amarin marks a significant victory for generic drug manufacturers, but rather than putting an end to so-called skinny label inducement claims, it narrows and refocuses them, say attorneys at Sterne Kessler.

  • Opinion

    At High Court, Oil Cos.' Suncor Preemption Claims Fall Short

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    In Suncor Energy v. Boulder County, pending before the U.S. Supreme Court, oil and gas companies argue that municipalities' climate deception claims are equivalent to emissions standards for their industry — but the suit is ultimately incapable of imposing such standards, say Thomas McGarity at the University of Texas School of Law and James Goodwin at the Center for Progressive Reform.

  • 3 Disgorgement Questions Linger After Justices' SEC Ruling

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    While the U.S. Supreme Court’s recent decision in Sripetch v. U.S. Securities and Exchange Commission avoided placing new limits on the SEC’s disgorgement powers, it passed over several questions, including whether the commission can seek disgorgement when returning the money to investors isn't possible, says David Slovick at Kopecky Schumacher.

  • Checking For AI Errors Is Now A Two-Way Street

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    A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

  • Opinion

    Federal Circuit Should Implement Mini En Banc Process

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    To fulfill its mission of uniformity in patent law while avoiding the challenges of en banc hearings, the Federal Circuit should institute mini en bancs — allowing regular three-judge panels to exercise en banc powers unless a majority of the court says otherwise, says Joshua Sohn at the U.S. Department of Justice.

  • What's Next After Justices' Last-Mile Driver Arbitration Ruling

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    The U.S. Supreme Court's recent decision in Flowers Foods v. Brock, refusing to narrow the scope of a Federal Arbitration Act exemption for workers engaged in interstate commerce, gives previously unprotected workers access to litigation, but preserves two potentially powerful arguments for future proceedings, say attorneys at Husch Blackwell.

  • Series

    The Biz Court Digest: Shoring Up Corporate Law In Maryland

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    Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

  • How End Of SEC 'Gag Rule' Affects Free Speech Certiorari Bid

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    The Securities and Exchange Commission's recent rescission of the so-called gag rule, which forbade defendants in settlements from denying the SEC’s allegations, may sway the outcome of a petition to the Supreme Court in a case challenging the rule on First Amendment grounds, say attorneys at Troutman.

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