Appellate

  • September 17, 2026

    Ohio Panel Says Police Car Not 'Public Place' Under ID Law

    A split Ohio state appeals court has ruled the back of a police cruiser does not qualify as a "public place" under state law, reversing a man's conviction for refusing to identify himself after he was placed in the back of a patrol car.

  • September 17, 2026

    Industry Groups, IP Attys Back High Court PTAB Denials Case

    The bar association for the Patent Trial and Appeal Board, a group of intellectual property law attorneys and others have urged the U.S. Supreme Court to scrutinize the discretionary denial policies of current U.S. Patent and Trademark Office leadership.

  • September 17, 2026

    GE Vernova, Vineyard Wind Drop Dispute Over Payment

    Vineyard Wind I LLC and a GE Vernova subsidiary have dropped their legal dispute over a $300,000 bill for work on turbines off the Massachusetts coast, according to Wednesday court filings.

  • September 17, 2026

    Fed. Circ. Approves $3.2M In Atty Fees In Diamond IP Case

    The Federal Circuit on Thursday affirmed a $3.2 million award of attorney fees to Fenix Diamonds LLC from the Carnegie Institution of Washington and its bankrupt former patent licensee M7D Corp., agreeing with a district judge that the asserted patent infringement claims were objectively baseless.

  • September 17, 2026

    'Bad Middle School Art' Tests Penn State's Counterfeit Bid

    A Third Circuit panel appeared reluctant Thursday to treat all of Vintage Brand's retro Penn State merchandise as counterfeit, even as the judges expressed skepticism about the print-on-demand retailer's broader bid to overturn a jury verdict finding that its unlicensed use of university marks infringed Penn State's trademarks.

  • September 17, 2026

    Firm Partners Can't Get Employment Tax Break, 2nd Circ. Says

    The Second Circuit held Thursday that $141.5 million in partnership income distributed to an investment company's principals was subject to self-employment taxes, following the Fifth Circuit's narrow interpretation for determining eligibility for a self-employment tax exemption for limited partners.

  • September 17, 2026

    Family Tells 11th Circ. Tesla Can't Undo $243M Crash Verdict

    The estate of a woman killed in a crash and her boyfriend are urging the Eleventh Circuit not to throw out a $243 million verdict against Tesla Inc., saying the jury heard enough evidence to conclude that the Tesla driver who hit them was misled about the safety of the vehicle's "Autopilot" feature and that defects in the vehicle led to the crash.

  • September 17, 2026

    7th Circ. Backs Concrete Co. In $23M Pension Exit Fight

    The Seventh Circuit turned down a multiemployer pension fund's bid to reinstate a $23 million withdrawal liability bill against a concrete company, splitting Thursday with two other appellate courts on interpreting how an employer's prior partial withdrawal applies to a future complete exit.

  • September 17, 2026

    Full Fed. Circ. Won't Rethink Pfizer's Paxlovid IP Win

    The full Federal Circuit on Thursday won't disturb a panel's refusal to revive a patent that Enanta Pharmaceuticals had accused Pfizer of infringing through its blockbuster Paxlovid COVID-19 treatment.

  • September 17, 2026

    Sonic Wins Appeal Bid To Arbitrate Suit Over Worker's Death

    The mother of a Sonic employee who was fatally shot in 2023 must arbitrate her wrongful death suit against the restaurant, Texas appellate justices said Thursday, finding that she didn't meet her burden showing Sonic substantially invoked the court process in a way that conflicted with its right to compel arbitration. 

  • September 17, 2026

    Fed. Circ. Tosses Protest Over Navy Contract Exception

    The Federal Circuit upheld the dismissal of a protest regarding an exception the U.S. Navy created and later removed under a solicitation seeking up to $10 billion in engineering and program management services, finding much of the protest moot.

  • September 17, 2026

    Fed. Circ. Reverses Denial Of Catheter Patent Claim

    The Federal Circuit on Thursday threw out a Patent Trial and Appeal Board decision that refused to give patent protection to the first claim in an Incept LLC medical catheter patent, saying the board needs to take another look.

  • September 17, 2026

    Minn. Homeowner Asks Justices To Undo Costs Order

    A self-represented Minnesota homeowner's effort to throw out tax court order recovering a county's litigation costs in a property valuation dispute will go before the state Supreme Court, according to a writ of certiorari filed Thursday.

  • September 17, 2026

    1st Circ. Lets HUD Shift $1.3B In Homelessness Aid

    A First Circuit panel said the U.S. Department of Housing and Urban Development may redirect $1.3 billion in homelessness funding from programs that focus on permanent housing to those supporting temporary shelter and assistance, finding the Trump administration likely was not required to go through a notice-and-comment procedure.

  • September 17, 2026

    For Single-Party FTC, Easier Suits May Come With A Cost

    The Federal Trade Commission has ditched its historical multimember, multiparty ethos for a one-party regime in which fewer dissents might make it easier for Chairman Andrew Ferguson to pursue his agenda, but it also forecloses the potential "moderating influence" that comes with winning broad buy-in from commissioners of two parties.

  • September 16, 2026

    Detroit Must Face Negligence Claim Over Ambulance Crash

    Detroit must face claims that an ambulance driver negligently killed a patient he was transporting by running a red light at high speeds without emergency lights on and causing a crash that made it roll over, a Michigan state appeals court has ruled, saying a jury needs to hear the evidence.

  • September 16, 2026

    Texas Supreme Court Weighs Bankruptcy Exemption For LLC

    Texas Supreme Court justices pushed a man who declared bankruptcy to spell out why his share in a limited liability company should get exempt status, asking Wednesday if any states have ruled that interest in an LLC is exempt property during bankruptcy.

  • September 16, 2026

    3rd Circ. Says Most Strip Searches Require Warrants

    A Third Circuit panel on Wednesday ruled that police cannot conduct warrantless strip searches outside of jails or prisons absent consent or an emergency, but found that Pennsylvania officers who unconstitutionally searched a man enjoy qualified immunity from his civil rights claims because the limitation was not clearly established at the time.

  • September 16, 2026

    Texas Justices Press Mall Owner On Mass Shooting Liability

    The Texas Supreme Court justices wanted the owner of an outlet mall in Allen, Texas, that saw a devastating mass shooting to explain why a case brought by the victims should be tossed, saying Wednesday that dismissal might remove incentives for businesses to protect customers.

  • September 16, 2026

    11th Circ. Leaves Softball Coach's Sex Bias Win Intact

    The Eleventh Circuit on Wednesday upheld a $300,000 verdict for a women's softball coach who said Alabama State University suspended her due to sex discrimination, unpersuaded by the school's argument that the suspension wasn't an adequate basis for a bias claim.

  • September 16, 2026

    10th Circ. Won't Revive Doctor's Age, Sex Bias Suit

    The Tenth Circuit has backed a Utah medical clinic and hospital's win in an emergency trauma physician's lawsuit claiming she was fired because of her age and sex, ruling that the physician failed to show the clinic's reason for terminating her was pretextual.

  • September 16, 2026

    Split Conn. High Court Won't Shield Yale Accuser's Name

    In a 4-3 opinion Wednesday, the Connecticut Supreme Court said a trial judge correctly dismissed a sexual assault accuser's emergency 2024 request to remove her name from transcripts in the long-closed criminal prosecution of former Yale student Saifullah Khan, ruling the trial court lost jurisdiction after a jury's 2018 acquittal.

  • September 16, 2026

    9th Circ. Greenlights Blocking Kalshi Contracts On Tribal Land

    The Ninth Circuit on Wednesday reversed an order denying California tribes' request for a preliminary injunction seeking to block Kalshi and Robinhood from offering sports-event contracts on tribal lands, finding the tribes will likely win their Indian Gaming Regulatory Act claims, and "this is the 'stuff' of sports betting."

  • September 16, 2026

    1st Circ. Seems Torn Over Health Plan Surcharge For Smokers

    A First Circuit panel appeared divided Wednesday over whether a casino company is required to refund tobacco use fees after smokers on the company's health plan complete a tobacco cessation program.

  • September 16, 2026

    EPA's Policy Repeals May Spell Exit From Climate Regulation

    The U.S. Environmental Protection Agency's latest move to undo Biden-era greenhouse gas emissions rules lays legal groundwork for the agency to completely abandon climate change regulation, though it remains to be seen whether courts will endorse a full-blown retreat.

Expert Analysis

  • 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.

  • 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.

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