Appellate

  • July 23, 2026

    NJ Panel Backs Doc In Malpractice Case Over Missed Cancer

    A New Jersey appeals court Thursday tossed a suit accusing a doctor of negligent medical treatment which led to a three-year delay of a patient's cancer diagnosis, saying the patient's medical expert did not properly allege that the delay caused harm.

  • July 23, 2026

    Judge's Deportation Probe 'Off The Rails,' DOJ Tells DC Circ.

    The Trump administration urged the full D.C. Circuit to either order U.S. District Judge James Boasberg to terminate his criminal contempt inquiry into the administration's Alien Enemies Act removals last year, or order him to forgo live testimony in the probe.

  • July 23, 2026

    Mich. Justices Bar SORA Provision For Non-Sex Crimes

    The Michigan Supreme Court has ruled unconstitutional part of a state law that lets judges impose sex-offender registration on people convicted of any felony if they committed a sex crime before the law took effect three decades ago.

  • July 23, 2026

    11th Circ. Argues Legality Of Fishery Council Over Catch Limits

    An Eleventh Circuit panel appeared wary Thursday as it weighed whether members of a regional fishery management council were lawfully appointed, in challenge to a National Marine Fisheries Service regulation that sharply reduced how many gag grouper fish could be caught in the Gulf of Mexico.

  • July 23, 2026

    10th Circ. Won't Undo Crypto Firm Founder's 5-Year Sentence

    The Tenth Circuit refused to alter a cryptocurrency investment firm co-founder's five-year prison sentence and obligation to pay over $174,000 in restitution to victims of a fraud scheme he orchestrated, writing the district court's sentencing and loss amount estimation was reasonable.

  • July 23, 2026

    Texas Panel Overturns Abortion Injunction Against Midwife

    A Texas appellate court overturned a temporary injunction against a licensed Houston-area midwife accused by state prosecutors of violating Texas' abortion ban, finding Thursday a trial court wrongly admitted probable-cause affidavits from a related criminal case.

  • July 23, 2026

    PTAB Revives Ioengine Data Patent In Roku Reexam Case

    The Patent Trial and Appeal Board has reversed an examiner's decision to strike claims in an Ioengine LLC data processing patent that was challenged by Roku, faulting the examiner's reading and application of relevant pieces of prior art.

  • July 23, 2026

    8th Circ. Says Vendor Didn't Show Major Harm In Bank IP Fight

    The Eighth Circuit on Thursday upheld a Missouri federal judge's refusal to block Commerce Bank from using software that a vendor alleges was developed with its trade secrets, ruling the vendor failed to show it was likely to suffer harm that could not be remedied later.

  • July 23, 2026

    Panel Says Interest Must Wait Until Drilling Costs Are Repaid

    A Colorado appellate panel unanimously held Thursday in a first impression ruling that the holder of an overriding royalty interest carved out of a nonconsenting oil and gas owner's stake can't collect payments until consenting owners who fronted development costs have recovered those costs and a statutory penalty.

  • July 23, 2026

    Firm Must Share Sanctions In Door IP Suit, Fed. Circ. Says

    The Federal Circuit on Thursday refused to let a law firm off the hook for about $23,000 in sanctions implemented by a federal judge for not complying with a discovery order in a door manufacturing patent case, ruling that the judge did not improperly rely on a letter the firm said he did.

  • July 23, 2026

    Creek Freedmen Sue Tribe To Enforce Citizenship Ruling

    Members of the Muscogee Creek Black Freedmen are asking a federal court to block officials with Oklahoma's Muscogee (Creek) Nation from denying them citizenship, saying in a lawsuit brought Thursday that those governmental leaders are defying a tribal Supreme Court ruling that gave them the right.

  • July 23, 2026

    AstraZeneca Immune In Vax Trial Contract Suit, 10th Circ. Says

    The Tenth Circuit on Thursday overturned a lower court ruling that AstraZeneca lacked immunity from an experimental COVID-19 vaccine trial participant's lawsuit seeking medical compensation after she suffered debilitating injuries, saying a federal statute providing immunity for vaccine developers covers her contract breach claims.

  • July 23, 2026

    Red States Back DOT In DC Circ. Immigrant Driver Rule Fight

    Florida and 22 other GOP-leaning states have urged the D.C. Circuit to uphold the U.S. Department of Transportation's new restrictions on commercial drivers' licenses for foreign truckers, saying motorists and highways must be protected from threats posed by large commercial vehicles driven by unqualified truckers.

  • July 23, 2026

    2nd Circ. Revives Fired Benefit Fund Worker's ADA Suit

    The Second Circuit said Thursday that an ex-employee should get a second shot at his claim that a union benefit fund failed to accommodate his pulmonary embolism complications, stating the lower court needed to weigh disputes about whether his request to change service routes was reasonable.

  • July 23, 2026

    Squires To Review 2024 PTAB Ax That Followed Vidal Ruling

    U.S. Patent and Trademark Office Director John Squires on Thursday said he is going to review a 2-year-old Patent Trial and Appeal Board decision that found claims in an EagleView Technologies patent on measuring roofs to be invalid.

  • July 23, 2026

    CGL Cases To Watch In The 2nd Half Of 2026

    Heading into the back half of 2026, insurance attorneys can expect federal and state courts to interpret how general liability policy language applies to some of the industry's biggest emerging risks. Law360 Insurance Authority breaks down three CGL-related cases.

  • July 23, 2026

    Mich. Parent Tells 6th Circ. School Limited Her Free Speech

    Counsel for a Michigan parental rights advocate told a Sixth Circuit panel on Thursday that a cease and desist letter from a Lowell Area Schools administrator barring her from contacting teachers directly violated the parent's First Amendment rights, even though the letter provided a process for Stefanie Boone to communicate through administrators.

  • July 23, 2026

    Seagate Urges Justices Not To Review NHK Antitrust Case

    Seagate Technology LLC is urging the U.S. Supreme Court not to review a Ninth Circuit decision reviving portions of its price-fixing suit against NHK Spring Co. Ltd., arguing that NHK's petition mischaracterizes how the Ninth Circuit applied the Foreign Trade and Antitrust Improvements Act.

  • July 23, 2026

    Hawaii, Green Groups Fight EPA Rebuff Of Regional Haze Plan

    Hawaii and environmental groups asked the Ninth Circuit on Wednesday to overturn a U.S. Environmental Protection Agency decision to partially reject a plan the Aloha State submitted to improve air quality in national parks that would have retired some older power plants.

  • July 23, 2026

    Colo. Panel Clarifies Worker Retaliation Claim Requirements

    The Colorado Court of Appeals held for the first time Thursday that two Colorado statutes meant to close gender pay gaps do not require workers to allege gender discrimination, partially reviving a former human services caseworker's retaliation case against the county department she had worked for.

  • July 23, 2026

    Colo. Panel Clarifies Reach Of Insurer Responsibility Law

    The Colorado Insurance Code's reference to "unfair business practices" in a statute governing insurers' responsibility for the acts of their producers is not limited to various "unfair methods of competition" and "unfair or deceptive acts or practices," a state appeals court said in a matter of first impression Thursday.

  • July 23, 2026

    Mich. High Court Says Pot Smell Not Grounds For Car Search

    Police can't search a vehicle without a warrant based only on probable cause that someone committed a civil marijuana infraction, the Michigan Supreme Court ruled Wednesday, finding that the state's interest in enforcing a minor violation doesn't outweigh a driver's Fourth Amendment rights. 

  • July 23, 2026

    Mo. Panel Says Exclusion Bars Mallinckrodt Opioid Coverage

    A Missouri appellate court upheld a win for a group of insurers on their arguments that a "your products" policy exclusion applied to bar coverage of alleged damages from drugmaker Mallinckrodt's unbranded marketing of opioid products.

  • July 23, 2026

    Ga. Panel Says Closed Courtroom For Child Testimony OK

    The Georgia Court of Appeals has ruled that a man convicted of sex crimes was given a fair trial even though the courtroom was temporarily closed while his 12-year-old victim was allowed to testify because state law requires that the identity of juvenile witnesses be protected.

  • July 23, 2026

    Pa. AG Criticizes 'Inadequate' Felony Murder Sentence Bill

    Pennsylvania Attorney General Dave Sunday has urged lawmakers to reject a proposed new sentencing framework for people convicted of second-degree murder, calling a proposal amended Thursday too lenient even as a deadline set by the state's Supreme Court draws near.

Expert Analysis

  • 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.

  • SEC Disgorged Fund Distribution Is Next Query After Sripetch

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    Following the Supreme Court's Sripetch v. U.S. Securities and Exchange Commission decision, investor harm isn't required for the SEC to obtain a disgorgement award, but future cases must resolve whether the commission will be freed from a requirement to distribute disgorged funds to the victims of alleged misconduct, says Daniel Walfish at Katsky Korins.

  • If Upheld, Wash. Millionaire Tax Could Upend State Law

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    The Washington Supreme Court could open the door to broader income, rental and corporate taxes if it defies precedent and the historically established desires of voters by redefining the state constitution's concepts of “income” and “property” to uphold a new tax on wages over $1 million, says Richard Birmingham at Davis Wright.

  • 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.

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