Appellate

  • July 22, 2026

    Arbitration Scholars Say 5th Circ. Botched Insurance Decision

    A group of international arbitration scholars are pressing the U.S. Supreme Court to rule that federal law determines whether a nonsignatory to an international arbitration agreement can force arbitration of a dispute, saying a Fifth Circuit decision erroneously applied state law and contributes to unpredictability.

  • July 22, 2026

    Ohio Justices Back Sparse Order Denying DNA Test

    A divided Ohio Supreme Court has ruled that a trial judge gave sufficient explanation when denying a murder defendant's request for postconviction DNA retesting, in a decision that clarifies how detailed judges must be when issuing written rulings in criminal cases.

  • July 22, 2026

    Ex-Pink Energy CEO Offers $575K To Exit Solar Fraud Case

    Plaintiffs in a fraud class action against a now-defunct solar energy company asked a Michigan federal judge on Wednesday to approve a settlement between the class and just one of the 10 defendants accused of ripping off home solar customers.

  • July 22, 2026

    9th Circ. Says BIA Rightly Nixed Father's Bid To Stay In US

    The Ninth Circuit ruled the Board of Immigration Appeals correctly denied an application from a father who said he had to stay in the U.S. to care for his children, finding Wednesday his son, who turned 21 during the pendency of his father's appeal, can't support his father's eligibility for removal cancellation.

  • July 22, 2026

    Split Fed. Circ. Won't Reinstate Injunction In Schedule A Feud

    A split Federal Circuit panel declined to reinstate an injunction against a group of retailers using Amazon and Temu to sell products that electronics company Shenzhen Jisu Technology Co. Ltd. claims infringe its design patent, disagreeing Wednesday with Shenzhen that a district judge had read an improper rule into the case.

  • July 22, 2026

    Midjourney Seeks To Narrow Disney AI Copyright Claims

    Artificial intelligence startup Midjourney has asked a California federal court to trim contributory infringement claims from a copyright lawsuit brought by Disney, Universal and Warner Bros., saying the claims fly in the face of a U.S. Supreme Court decision involving Cox Communications from earlier this year.

  • July 22, 2026

    10th Circ. Says Insurer Owed No Duty To Explain Policy

    The Tenth Circuit has affirmed an insurance company cannot be sued for bad faith over a woman's fatal liposuction surgery that resulted in a $60 million judgment, holding that under Utah law, an insurer is not obligated to explain a policy absent an ambiguity or evidence of fraud.

  • July 22, 2026

    11th Circ. Mulls Forcing Board To Testify In Book Ban Suit

    Members of a Florida school board on Wednesday told the Eleventh Circuit they shouldn't be forced to testify on their reasons for banning library books about people of color and the LGBTQ+ community, arguing their actions are protected by legislative privilege. 

  • July 22, 2026

    Exxon Convinces 5th Circ. To Scrap OSHA Mental Illness Reg

    The Fifth Circuit nixed an Occupational Safety and Health Administration rule requiring employers to keep track of employees' work-related mental illnesses, concluding that Congress didn't give the agency authority to regulate mental health in the workplace.

  • July 22, 2026

    3rd Circ. Revives Princeton Student's Sex Bias Discipline Suit

    The Third Circuit has revived a Princeton University student's suit challenging the university's decision to suspend him for two years after a Title IX investigation into allegations that he choked two female students, ruling that he was able to plausibly allege that gender motivated Princeton's decision.

  • July 22, 2026

    Mass. Court Affirms License Loss In Lotto Ticket Scheme

    An intermediate appellate court in Massachusetts on Wednesday affirmed the permanent revocation of lottery sales licenses for two convenience store owners who allegedly played significant roles in a scheme to buy winning lottery tickets from customers seeking to avoid taxes or other obligations.

  • July 22, 2026

    Boston Scientific Settles With Stryker In Spine Device IP Fight

    Boston Scientific and Stryker Corp. have reached a settlement to resolve a case in New Jersey federal court over Stryker's alleged efforts to create a back pain device that infringed a Boston Scientific patent.

  • July 22, 2026

    Safety-Net Clinics Defend Insulin Suit Revival To Justices

    Safety-net healthcare providers urged the U.S. Supreme Court not to take on the revival of their proposed antitrust class action against Sanofi-Aventis, Eli Lilly, Novo Nordisk and AstraZeneca, arguing Wednesday that the Second Circuit's decision was based on neither mere trade group lobbying nor any kind of overcharge.

  • July 22, 2026

    MillerKnoll Wins $172K Fees After Beating Bubble Lamp IP Suit

    A Michigan federal judge on Wednesday awarded MillerKnoll $172,000 in attorney fees after it defeated intellectual property claims brought by the heirs of modernist furniture designer George Nelson over his iconic bubble lamps, in a case with purportedly tens of millions of dollars at stake.

  • July 22, 2026

    Retired Judges Rip Bid To Ban Foreign-Born Federal Judges

    A group of 58 retired federal judges, appointed by presidents of both parties, on Wednesday came out strongly against recent proposals from Republican lawmakers that would require federal judges to be natural-born U.S. citizens and relinquish any citizenship that is not of the United States.

  • July 22, 2026

    Fed. Circ. Panel Stands By Invalidated Spinal Fusion IP

    The Federal Circuit on Wednesday said it won't rethink a panel's decision invalidating patent claims covering parts used to make expandable implant devices in spinal fusion surgeries that were the basis of a $9.5 million jury verdict against Life Spine Inc.

  • July 22, 2026

    Pa. Justices Say Resisting Arrest Case Lacked Valid Warrant

    The Supreme Court of Pennsylvania has held that convicting someone for resisting arrest when officers are trying to follow a warrant requires proof the underlying warrant was valid — vacating the conviction of a man arrested after a police database and dispatcher said he had bench warrants in his name.

  • July 22, 2026

    Mich. Gets Judge With Blue Slips In 1st For Trump Admin

    The U.S. Senate voted 62-36 on Wednesday to confirm Michael Martin, a longtime federal prosecutor, to the Eastern District of Michigan and Benjamin Flowers, former solicitor general of Ohio, to the Sixth Circuit.

  • July 22, 2026

    5th Circ. Stays Lower Orders In 90-Day Bond Hearing Review

    The Fifth Circuit granted the Trump administration's request to pause several habeas judgments while the court reconsiders whether the federal government has the authority to detain noncitizens for more than 90 days without providing a bond hearing.

  • July 22, 2026

    Trump's Expiring Global Tariff Is Valid, US Tells Fed. Circ.

    President Donald Trump's temporary global tariff is lawfully authorized under a statute allowing the executive branch to address serious balance-of-payment deficits, a term that can easily be construed to include the economic conditions referenced in the implementing order, the government told the Federal Circuit.

  • July 22, 2026

    Wash. Law Bars Discriminatory HOA Enforcement, Panel Says

    The Washington State Court of Appeals reversed the dismissal of the Washington State Human Rights Commission's administrative housing bias complaint against a homeowners association and other parties, ruling that the state's discrimination law stops homeowners associations from using their rules to discriminate against people.

  • July 22, 2026

    AGs Appeal Order Blocking RealPage Damages In MDL

    Attorneys general for Kentucky, Washington state, New Jersey, Maryland and D.C. have asked the Sixth Circuit to review a district court ruling barring them from seeking damages on behalf of their residents alongside private plaintiffs' settlements in a sweeping multidistrict litigation accusing landlords of using RealPage software to collude on rent prices.

  • July 22, 2026

    DOL Takes Swipe At Derisking Cases In Bristol-Myers Brief

    The U.S. Department of Labor urged the Second Circuit to shut down a suit claiming drugmaker Bristol-Myers Squibb violated federal benefits law by offloading $2.6 billion in pension liabilities to a risky annuity provider, saying benefit plans stand to suffer if courts greenlight flimsy claims of injury.

  • July 22, 2026

    9th Circ. Won't Reopen Vax Bias Suit Against Wash. Officials

    The Ninth Circuit upheld a Washington state agency's win in a suit alleging it unlawfully fired over a dozen employees rather than accommodate their religious objections to the COVID-19 vaccine, ruling they hadn't shown the agency was purposely hostile toward religion.

  • July 22, 2026

    10th Circ. Nixes Tractor Injury Verdict Over 'Obvious' Hazard

    The Tenth Circuit has reversed a jury verdict that favored a farmer who was run over by his own tractor, finding the tractor maker had no duty to warn him of the "open and obvious" hazard of getting out of, and stepping in front of, a moving tractor.

Expert Analysis

  • How Justices' Habeas Ruling Limits Compassionate Release

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    The U.S. Supreme Court's recent holding in Fernandez v. U.S. that a federal prisoner who challenges their conviction's validity must do so through habeas, not compassionate release, considerably narrows the universe of arguments that can support a sentence reduction, says attorney Elizabeth Franklin-Best.

  • The Banking Issue Hiding In Justices' Freight Broker Ruling

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    While the U.S. Supreme Court’s recent liability preemption ruling in Montgomery v. Caribe Transport was front-page news for the transportation industry, the banking industry seems to have missed that the decision exposes freight broker lenders to credit, documentation and litigation issues, say attorneys at Barack Ferrazzano.

  • Insurance Ruling Extends NY Bad Faith To 3rd-Party Coverage

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    In Renergy v. Mt. Hawley Insurance, a New York federal court recently granted a policyholder leave to amend its complaint to clarify a bad faith claims handling cause of action, confirming, after nearly 20 years, that bad faith damages are available in the third-party liability context, say attorneys at Barnes & Thornburg.

  • Opinion

    Rule Of Law Requires Gov't Engagement With Bar, Not Retreat

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    A federal agency's absence from national and local bar conferences, most recently illustrated by the U.S. Department of Justice's withdrawal from a New York City Bar Association white collar conference, disserves the bar, the government lawyers themselves and, ultimately, the administration of justice, says Muhammad Faridi at Linklaters.

  • Fed. Circ. Clarifies Standard For Contesting CICA Overrides

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    The Federal Circuit's recent holding in Life Science Logistics strengthens the hand of protesters facing an override of the Competition in Contracting Act stay, and a Court of Federal Claims decision the same day demonstrates that how a protester frames its requested relief remains critically important, says Richard Arnholt at Bass Berry.

  • The Paradoxical Duty To Adopt AI When You Can't Bill For It

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    Both billing for hours saved using artificial intelligence and preserving billable time by not adopting AI may violate rules of professional conduct, but until bar associations' ethics rules catch up to this emerging economic dilemma, firms must decide how to adjust fee structures themselves, says Ines Lassalle at Peyrot & Associates.

  • 4 Emerging Limits Of Employer Mental Health Notice Defense

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    A California appeals court's recent decision in Husband v. Target, addressing when an employer knows about an employee's undisclosed disability, leaves open questions about how changes in mental health awareness and workforce monitoring tools may raise the bar for what employers can claim not to know, says Benjamin Heller at RFZ Law.

  • Raptors Ruling Shows Risks Of Calif. Enviro Suit Intervention

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    Intervention in California environmental litigation can allow businesses to help defend agency approvals, but after a state appeals court's recent ruling in Raptors Are the Solution v. CropLife America, it is clear that intervention also carries a price — and that courts will hold parties accountable for the full arc of their litigation conduct, says Thierry Montoya at FBT Gibbons.

  • A Decade Later, Escobar Is Still Shaping FCA Cases

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    The U.S. Supreme Court's decision 10 years ago in Universal Health Services v. U.S. ex rel. Escobar changed the way in which lower courts evaluate False Claims Act cases — and the ruling remains vital in nearly every FCA case filed today, say attorneys at Bradley Arant.

  • Sripetch May Prove To Be An Empty Victory For The SEC

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    The U.S. Supreme Court's recent decision in Sripetch v. U.S. Securities and Exchange Commission held that the SEC need not prove pecuniary harm for disgorgement, but if the commission must still identify victims and distribute funds in a compensatory way, it faces the same economic problem as before the ruling, says Erin Smith at Compass Lexecon.

  • 9th Circ. Cooler Ruling Chills 1st Mover Lanham Act Claims

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    The Ninth Circuit's recent decision in Vericool World v. Igloo Products that Vericool's claim of being first-to-market with an ecocooler was not actionable under the Lanham Act largely foreclosed false advertising litigation over first mover status, so potential plaintiffs should instead look to patent counseling or intellectual property strategy for these claims, say attorneys at Manatt.

  • Mapping 5 Fronts Of The Prediction Markets Regulatory Battle

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    The legal framework governing prediction markets is under simultaneous challenge in five independent areas, and the outcomes will determine not just who can operate prediction markets, but the compliance obligations of every participant in the ecosystem, says Ivor Wolk at Manatt.

  • Patent Ruling Highlights Risks Of Late Inventorship Fixes

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    The Federal Circuit's recent decision in Implicit v. Sonos demonstrates the risk of forfeiture with retroactive correction of inventorship in inter partes review proceedings, with a clear message to the patent community that potential inventorship issues should be considered at every stage of a patent's life cycle, say attorneys at BCLP.

  • Adjusting IPR Tactics As Google Fights 'Settled Expectations'

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    Google’s petition for the U.S. Supreme Court to scrutinize the Patent Trial and Appeal Board's so-called settled expectations practice underscores why accused infringers facing older asserted patents should treat discretionary denial as a case-dispositive risk from day one, says attorney Abdul Abdullahi.

  • 3 Misconceptions About Justices' FCC Fines Ruling

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    The U.S. Supreme Court's June 4 Federal Communications Commission v. AT&T decision rejecting AT&T’s and Verizon’s argument that the commission's forfeiture process violates the Seventh Amendment has yielded three common reactions that misunderstand the decision as a matter of law and how the FCC actually operates, says Samuel Feder at Jenner & Block.

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