Appellate

  • July 21, 2026

    Fed. Circ. Restarts Treadmill Patent Infringement Case

    The Federal Circuit on Tuesday revived a case in which treadmill maker Woodway USA Inc. sued exercise equipment company Lifecore Fitness Inc., saying Lifecore was granted a win based on an overly narrow claim construction.

  • July 21, 2026

    Wyeth's Patent Loss Has Attys Focusing On Dosage

    The Federal Circuit's holding that a Pfizer unit's cancer treatment patents are invalid highlights the risk of including dosages in patents without sufficient proof that those dosages work, attorneys say.

  • July 21, 2026

    DC Circ. Affirms Argentina Must Pay $391M Arbitral Award

    The D.C. Circuit on Tuesday affirmed the enforcement of a $391 million arbitral award issued against Argentina in a 17-year-old dispute over the renationalization of its state-owned airline, rejecting arguments that the petition was filed too late.

  • July 21, 2026

    Humana 401(k) Forfeiture Suit Will Wait For 6th Circ. Appeal

    A proposed class action against health insurance provider Humana alleging the company misallocated millions from employee 401(k) forfeitures was paused by a Kentucky federal judge on Tuesday to wait for the outcome of a similar suit against regional grocery giant Meijer currently awaiting a ruling in the Sixth Circuit.

  • July 21, 2026

    Centripetal IP Survives Fed. Circ. Despite 'Ghost In The Room'

    A Federal Circuit panel on Tuesday backed a Patent Trial and Appeal Board decision that declined to strike some claims in a cybersecurity patent owned by Centripetal Networks LLC, even if a "ghost in the room" suggests that it's preserving unpatentable claims.

  • July 21, 2026

    Apple's Bid To Invalidate Speech Patent Revived On Appeal

    The Federal Circuit on Tuesday gave Apple Inc. another opportunity to show that claims in a Zentian Ltd. speech recognition patent are invalid, faulting the Patent Trial and Appeal Board's decision to uphold the patent, which is at issue in a California infringement suit.

  • July 21, 2026

    2nd Circ. Bars Student's Habeas Case In Removal Fight

    A Second Circuit panel ruled Tuesday that a Vermont federal judge should not have ordered U.S. Immigration and Customs Enforcement to release Palestinian green-card holder Mohsen Mahdawi because his claims should have been funneled through the immigration court process.

  • July 21, 2026

    7th Circ. Probes Offset Restitution In Hytera-Motorola Dispute

    Seventh Circuit judges appeared amenable Tuesday to Motorola's argument that an Illinois federal judge wrongly refused to order Hytera to pay restitution for stealing trade secrets and improperly treated Hytera's payments in parallel civil litigation as offsets in the criminal case, effectively nullifying Motorola's punitive damages award.

  • July 21, 2026

    Pa. Justices Reverse Joint Fee Liability For Custody Atty

    An attorney representing a mother in a contentious child custody dispute does not owe the father and his attorney more than $10,000 in fees, the Pennsylvania Supreme Court ruled Tuesday, finding the Superior Court misapplied a previous opinion.

  • July 21, 2026

    NJ's First Solicitor General Stepping Down In September

    New Jersey's first-ever solicitor general, Jeremy Feigenbaum, is stepping down in September after having represented the Garden State in a number of high-profile cases, including a series of arguments before the U.S. Supreme Court, the state attorney general's office announced Tuesday.

  • July 21, 2026

    Mich. Panel Revives Forklift Injury Suit Against Meijer

    A warehouse worker whose leg was crushed between a forklift and a metal desk at a Meijer Inc. distribution center can proceed with his negligence suit after a Michigan appellate panel ruled a jury must decide whether faulty brakes, inadequate maintenance or his own actions caused the accident. 

  • July 21, 2026

    Reagan-Appointed NC Federal Judge To Take Senior Status

    U.S. District Judge Terrence William Boyle of the Eastern District of North Carolina plans to take senior status — a form of semi-retirement that gives federal judges a reduced caseload — at a date yet to be determined, according to a recent update from the federal judiciary.

  • July 21, 2026

    Reed Smith Loses Bid To Pause Ex-Worker's Gender Bias Suit

    A New Jersey judge on Tuesday rejected Reed Smith LLP's motion to pause discovery in a gender discrimination lawsuit brought by a former employee, finding that the firm had not proved irreparable harm if the case advanced while an interlocutory appeal on the scope of damages proceeds.

  • July 21, 2026

    Pa. Justices Deny Insurance Exclusion In Sex Trafficking Law

    Pennsylvania's laws against human trafficking don't translate into a "public policy" that justifies insurers denying coverage to a Philadelphia hotel accused of turning a blind eye to trafficking, the state's Supreme Court ruled Tuesday.

  • July 21, 2026

    Ex-Justice Screened From Vik's $65M Deutsche Bank Suit

    Former Connecticut Supreme Court Chief Justice Richard A. Robinson has been screened from participating in billionaire Alexander Vik and his daughter's vexatious litigation and $65 million stock sale turnover lawsuit against Deutsche Bank, according to the financial institution's lawyers at Day Pitney LLP.

  • July 21, 2026

    6th Circ. Tests Retroactive Michigan Sex Offender Rules

    Michigan Assistant Attorney General Eric Jamison told a Sixth Circuit panel Tuesday that if it finds the Michigan Sex Offender Registration Act, or SORA, unconstitutional, it must also find its federal counterpart, the Sex Offender Registration and Notification Act, or SORNA, unconstitutional.

  • July 21, 2026

    NJ Panel Rules Town Board Can Redo Warehouse Review

    A New Jersey appeals court rejected a developer's request for automatic approval of its development plan in a local warehouse district, siding with a trial judge in finding a local planning board correctly sought to scrutinize its own jurisdiction over the project.

  • July 21, 2026

    NJ Panel Backs Big Box Denial Over Traffic Study Gaps

    A New Jersey appellate panel on Tuesday reversed a lower court ruling that vacated a planning board's rejection of a proposed one-story, 161,000-square-foot big box retail project.

  • July 21, 2026

    Guam Group Says Air Force Can't Skip Review Of Detonations

    A nonprofit in Guam asked the U.S. Supreme Court to affirm a ruling that the U.S. Air Force shirked environmental review duties when it applied to renew a permit to detonate expired munitions, as well as reject the agency's attempts to avoid them.

  • July 21, 2026

    Wash. Tribe, Enviro Org. Say FERC Hydro Delay Imperils Sites

    A Washington tribe and an environmental group are asking the Ninth Circuit to deny a Federal Energy Regulatory Commission bid to hold a challenge against the agency's issuance of a hydroelectric license in abeyance, arguing that it won't stop the project from moving toward construction that will destroy resources.

  • July 21, 2026

    Minn. County Urges State Justices Review School Tax Break

    A Minnesota childcare center that missed a filing deadline related to a property tax exemption for educational institutions should not have been allowed to appeal the matter to the state tax court, a county told the state Supreme Court, urging it to review the case.

  • July 21, 2026

    4th Circ. Asks SC Justices To Weigh In On Heater Death Suit

    The Fourth Circuit has certified a question to the South Carolina Supreme Court in a suit alleging the defective design of a propane heater led to the death of a man using it, asking the justices to determine if adequate labeling precludes a defect claim under state law.

  • July 21, 2026

    DC Circ. Says NLRB 'Successor Bar' Conflicts With Labor Law

    A split D.C. Circuit panel said Tuesday that the National Labor Relations Board's practice of insulating unions from removal after businesses change hands defies federal labor law, applying a landmark 2024 U.S. Supreme Court ruling that scaled back courts' deference to federal agencies.

  • July 20, 2026

    Panel Revives Malpractice Suit Against Criminal Defense Atty

    A Washington state appellate panel Monday revived legal malpractice claims against a public defense attorney who failed to correct an erroneous sentencing document that placed his client on supervised probation, when a plea deal instead called for unsupervised probation.

  • July 20, 2026

    NJ Court Backs Utility In Motorist's Tree-Fall Injury Suit

    A New Jersey man who suffered a "catastrophic" spinal cord injury after a tree fell on his car while driving cannot pursue damages against Jersey Central Power & Light Co., a state appeals court ruled Monday, saying utilities have no duty to cut vegetation to keep passing motorists safe.

Expert Analysis

  • Retailer Risk Reduction Tips As Email Marketing Suits Surge

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    Amid a flood of email marketing lawsuits following last year's Washington Supreme Court ruling in Brown v. Old Navy, retailers seeking to avoid high litigation costs can take several steps to reduce risks by focusing on their email subject lines advertising sales, says Gonzalo Mon at Kelley Drye.

  • Why Nuclear Licensees Must Watch 2nd Circ.'s Holtec Review

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    In reviewing a New York federal court's preemption ruling concerning disposal of nuclear materials, the Second Circuit must confront the lower court's recognition of a purpose-based path to field preemption, which could be game-changing for nuclear material licensees, says Andrew Averbach at Womble Bond.

  • Calif. Ruling Lowers Bar For Health Data Breach Claims

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    The California Supreme Court's ruling in J.M. v. Illuminate Education offers protection for non-healthcare companies that maintain health-related data but also adopts a new and more plaintiff-favorable standard for breach of confidentiality that companies maintaining any health-related data should address, say attorneys at Cooley.

  • Florida Atty Fees Ruling Could End Expert Testimony Mandate

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    For over 60 years, Florida appellate courts have required an evidentiary hearing and expert testimony to support the reasonableness of an attorney fee award, but the Florida Sixth District Court of Appeal's recent Ruffenach v. Deutsche Bank National Trust ruling could make substantive changes to this requirement, say attorneys at RumbergerKirk.

  • Texas Ruling Leaves Key Oil Royalty Question Unresolved

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    The Texas Supreme Court's recent decision in Fasken Oil and Ranch v. Puig clarifies that royalty reservations containing “free of cost forever” language do not bar deduction of post-production costs — but it leaves open whether prices producers report to royalty owners should reflect what unaffiliated buyers would pay, says Robert Foss at Hinds Feat Advisors.

  • Justices Widen Path For Confiscated Cuban Property Claims

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    For Americans holding claims to confiscated Cuban property, the U.S. Supreme Court’s recent decision in Havana Docks v. Royal Caribbean Cruises means that the expiration of their property interest is no longer a bar and that any company using such property is now a potential defendant, say attorneys at Bracewell.

  • Your Next Litigation Hold Should Cover AI Chat Logs

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    The Delaware Chancery Court’s recent decision in Fortis Advisors v. Krafton to treat a CEO’s artificial intelligence chats as substantive evidence is being read as a discovery warning to litigators, but there is a second duty-to-preserve lesson that is especially pertinent to in-house counsel, say attorneys at Faegre Drinker.

  • Opinion

    High Court's Abortion Pill Stay Reinforces Appellate Principles

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    The U.S. Supreme Court's recent order in Danco Laboratories v. Louisiana, staying a Fifth Circuit ruling that reinstated an in-person requirement for dispensing the abortion medicine mifepristone, should be seen not as a definitive ruling on reproductive rights, but as an affirmation of a more disciplined jurisdictional reality, says Daniel Nardo at Nardo & Associates.

  • Series

    Studying Foreign Languages Makes Me A Better Lawyer

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    Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

  • 6th Circ. Ruling Highlights Split On Labor Cost Depreciation

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    The Sixth Circuit's recent decision in Schoening Investment v. Cincinnati Casualty throws into relief the fine lines of courts' varying interpretations of whether a commercial property insurer may justifiably depreciate labor costs to determine the actual cash value of damage, says Nabila Rahim at Zelle.

  • 6th Circ. Ruling Broadest So Far In Wave Of Habeas Decisions

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    The Sixth Circuit’s recent opinion in Lopez-Campos v. Raycraft provides the most developed structural reasoning among rulings in a widening circuit split over mandatory detention after undocumented entry into the U.S., and supplies immigration practitioners a template for due process arguments in favor of habeas relief, says Kemal Hepsen at Mandamus Lawyers.

  • Opinion

    Murdaugh Reversal Masks Deeper Justice System Issues

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    The South Carolina Supreme Court's recent reversal of Alex Murdaugh's murder conviction leans heavily on improper jury influence by an ex-county clerk of court while underbilling other errors in the case, which are emblematic of larger issues with the justice system, says Barry Edwards at Fair Trial Analysis.

  • Del. Justices' Ripeness Ruling Shields Advance Notice Bylaws

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    The Delaware Supreme Court’s recent decision dismissing two AES and Owens Corning stockholder challenges of advance notice bylaws as unripe provides corporations more room to insulate their nomination procedures from activist pressure, say attorneys at Reed Smith.

  • How The High Court Expanded Freight Broker Liability

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    After the U.S. Supreme Court's decision in Montgomery v. Caribe Transport II that freight brokers may be liable for selecting unsafe motor carriers, the key question will be whether brokers used reasonable care in selecting a given motor carrier, with the concurring opinion offering some clues as to what reasonable care might look like, says Marc Blubaugh at Benesch.

  • 'Anderson Method' Ruling Shows Copyright Limits In Fitness

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    The Ninth Circuit's ruling in Tracy Anderson Mind and Body v. Megan Roup, finding that sequences of exercises developed and recorded by Tracy Anderson were not copyrightable choreographic works, is a reminder that even highly creative fitness programming can fall outside the scope of copyright protection, says Meredith Bobber Strauss at Michelman & Robinson.

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