Appellate

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ruled that a Florida man must be resentenced in his robbery and firearm brandishing case because a federal court used a newer version of the U.S. Sentencing Guidelines than was in effect when the offense was committed.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

  • September 09, 2026

    States, Amici Ask Justices To Keep Mail Ballot Rules On Ice

    Nearly half of the states and the District of Columbia urged the U.S. Supreme Court on Wednesday to leave in place a federal judge's order blocking the U.S. Postal Service from enforcing new mail-in ballot regulations in this year's midterms, arguing the changes are a major political decision USPS had no authority to make. 

  • September 09, 2026

    Conn. Justices Doubt State's Bid To Split Spousal Claims

    The Connecticut Supreme Court appeared skeptical Wednesday of the state's assertion that government immunity laws require a separate office to consider a husband's loss of companionship claim while his wife sues UConn Health for medical malpractice in superior court, with some justices indicating split actions seemed inefficient and unworkable.

  • September 09, 2026

    3rd Circ. Stands By Upholding Lipitor Pay-For-Delay Suit Toss

    The Third Circuit has refused to rethink its decision backing a New Jersey district court's dismissal of an antitrust suit alleging Ranbaxy Laboratories Ltd. conspired to delay a generic version of the cholesterol drug Lipitor.

  • September 09, 2026

    2 House Democrats Say Trump Can't Fire Copyright Chief

    Two senior House Democrats have urged the D.C. Circuit to reject the Trump administration's claimed authority to remove Shira Perlmutter as the head of the U.S. Copyright Office, arguing that only the librarian of Congress can fire the agency's leader.

  • September 09, 2026

    Justices Call For Early Response Over Paramount Merger

    The U.S. Supreme Court is giving California and other state enforcers that are challenging Paramount Skydance Corp.'s planned $110 billion purchase of Warner Bros. until later this month to respond to Iowa and Montana's bid to block the merger challenge.

  • September 09, 2026

    Pa. Panel Orders New Trial In Chiropractor Stroke Suit

    A Pennsylvania appeals panel on Wednesday ordered a new trial in a suit alleging that a chiropractor's unnecessary treatment led to his patient's stroke, saying the trial court refused to give the jury an instruction on increased risk of harm.

  • September 09, 2026

    11th. Circ. Upholds Ga. Tax Fraudster's 12½-Year Sentence

    The Eleventh Circuit affirmed on Wednesday a12½-year prison sentence for an Atlanta man who was convicted of masterminding a fraudulent tax return scheme that brought in millions of dollars.

  • September 09, 2026

    Fla. High Court Weighs Creditor's Bid To Reach Transferee

    An intellectual property attorney who holds a $90,000 defamation judgment argued before the Florida Supreme Court on Wednesday that the state's collection and fraudulent transfer statutes allow him to get a money judgment against a third-party transferee.

  • September 09, 2026

    Texas Justices Reject Sandy Hook Families' Infowars Appeal

    The Texas Supreme Court on Wednesday denied Sandy Hook families' requests to dissolve lower appeals court orders that stopped a court-appointed receiver from assuming control of bankrupt commentator Alex Jones' website Infowars and leasing the intellectual property of its parent company Free Speech Systems LLC to satire publication The Onion.

  • September 09, 2026

    Airline Group Asks Justices To Review United Vax Bias Class

    An airline industry urged the U.S. Supreme Court on Wednesday to hear United Airlines' challenge to a Fifth Circuit ruling that preserved class status in a religious bias suit over United's COVID-19 vaccine mandate, arguing the appeals court ignored the myriad individualized issues at play.

  • September 09, 2026

    Hemorrhoid Pain Can Be A Disability, EEOC Tells 3rd Circ.

    The U.S. Equal Employment Opportunity Commission filed an amicus brief with the Third Circuit on Wednesday arguing that a former FedEx supervisor's hemorrhoid condition could rise to the level of a disability under federal anti-discrimination law, despite a trial court's conclusion otherwise.

Expert Analysis

  • Fla. Justices Give Trial Judges More Dismissal Discretion

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    The Florida Supreme Court's recent decision in Publix Supermarkets Inc. v. Goga confirmed that appellate courts should not apply a heightened standard when reviewing severe sanctions for fraud on the court, granting greater deference to trial courts, says Brent Hartman at RumbergerKirk.

  • Opinion

    2nd Circ. Tylenol Ruling Misapplies Daubert Gatekeeping

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    The Second Circuit's recent ruling in Rutledge v. Walgreen Co., holding that a lower court should not have excluded experts alleging links between prenatal acetaminophen use and autism, threatens to swallow the Daubert standard by limiting courts' consideration of scientific consensus in assessing reliability of expert testimony, say attorneys at Benesch.

  • Limiting Employer Risk If Calif. Case Upends Time Rounding

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    The California Supreme Court's holdings in recent years suggest that it may tighten the rules for — or even eliminate — time clock rounding when it decides Camp v. Home Depot, so employers should consider taking preemptive steps to guard against large potential liability, says Jacqueline Crispino at the Jhaveri-Weeks Firm.

  • AG Watch: Va. Auto Renewal Law Clears Enforcement Path

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    The most consequential aspect of recent amendments to Virginia's automatic renewal law is the enforcement authority it creates, giving the attorney general a clear statutory pathway to pursue cases involving subscription-related compliance failures under the Virginia Consumer Protection Act, says Chuck Slemp at Cozen O'Connor.

  • 4th Circ. Boeing Class Cert. Ruling May Have Limited Reach

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    While the Fourth Circuit's recent decision to reverse class certification against Boeing appears to potentially create a circuit split or heighten the standards for achieving class certification, that conclusion overlooks the decision's very specific circumstances, and its impact will likely be limited outside the circuit, say attorneys at Bleichmar Fonti.

  • Fed. Circ.'s Shaping Of Tech Patent Doctrine Resembles EPO's

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    The Federal Circuit's recent decision in Ceiva v. Amazon crystallizes an informal U.S. heuristic, "a technological solution to a technological problem," rewarding emphasis of a traceable chain from a problem to a solution — a lesson similar to the European Patent Office's "technical character" terminology, says Brandon Theiss at AddyHart.

  • Opinion

    After Monsanto, Defense Bar Must Build Case Against Lohr

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    The U.S. Supreme Court's recent decision in Monsanto v. Durnell has helped to demolish the foundation for its problematic 1996 ruling in Medtronic v. Lohr — so now defense counsel should lay the groundwork for the high court to overturn Lohr, say attorneys at Blank Rome.

  • Justices' FTC Ruling Weakens Qui Tam's Constitutional Base

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    The U.S. Supreme Court’s holding in Trump v. Slaughter, expanding presidential control over those exercising executive power, suggests that courts may be receptive to arguments challenging the constitutional foundations of the False Claims Act’s qui tam mechanism, says Daniel Passeser at Wiggin.

  • 9th Circ. Rule Block Unlikely To Deter FinCEN Cartel Focus

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    The Ninth Circuit recently blocked the Financial Crimes Enforcement Unit's border cash reporting rule, interpreting it as an impermissible use of an emergency anti-money laundering tool, but regulators are more likely to see the opinion as a road map for building a more defensible rule, say attorneys at Bradley Arant.

  • 5 Financial Statement Fraud Red Flags To Spot Post-Sripetch

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    The U.S. Supreme Court recently held in Sripetch v. U.S. Securities and Exchange Commission that disgorgement exists to strip a wrongdoer of unjust enrichment, not merely to compensate victims for what they lost, shifting the work at the center of securities fraud cases in five ways, says Rand Manasse at Green Lane Partners.

  • QVC Ch. 11 Confirmation Shows Independent Directors' Value

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    QVC's recently confirmed Chapter 11 plan joins a growing body of restructuring precedent demonstrating that well-functioning independent director frameworks can create the evidentiary and governance foundation necessary to resolve complex intercompany disputes, preserve value and secure judicial approval of contested transactions, say attorneys at Choate.

  • Series

    Being A Sommelier Makes Me A Better Lawyer

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    Being a sommelier has quietly shaped how I practice law by changing the way I think, communicate and connect with people, and offers a constant reminder that expertise is about making your knowledge useful and accessible to others, says Kara Du at Sheppard.

  • MF Doom IP Suit Highlights Hurdles For Trademark Claims

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    A recent lawsuit involving unauthorized merchandise bearing MF Doom's name and likeness is likely a preview of how infringement and counterfeit cases against online marketplaces will be defended going forward, shedding light on how intellectual property counsel can avoid dismissal of their claims, say Purdue Global Law School professor Scott Mortman and Southwestern Law School student Eden Burkow.

  • Calif. Drug Ruling Affirms Defect-Centric Liability Framework

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    The California Supreme Court's decision in Gilead Tenofovir Cases this week rejects a novel duty-to-innovate theory of negligence that could have reshaped product liability exposure well beyond the pharmaceutical industry, instead signaling that negligence claims premised on nondefective products are unlikely to succeed, say attorneys at Dechert.

  • Navigating Court Divergence On Method Claims And Venue

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    After the U.S. Supreme Court's recent Hikma v. Amarin decision putting a spotlight on the pleading standard for inducement, patent litigants must adapt to courts' differing approaches to how separate method steps affect the determination of patent venue validity, say attorneys at Weil.

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