Appellate

  • June 25, 2026

    NJ Court Says Comptroller's Subpoena To Private Vendor Valid

    The Appellate Division of New Jersey Superior Court on Thursday said the state comptroller's office subpoena to a private company that provides services to charter schools is valid, holding that the watchdog agency can issue a subpoena to a vendor as part of an investigation.

  • June 25, 2026

    Fla. Panel Affirms Walmart Liability In Contractor Shock Injury

    A Florida appellate court affirmed a final judgment finding Walmart negligent for a service technician's shock-induced injury during the installation of an automatic door, ruling that an exception barred the retailer from asserting an independent contractor defense to avoid a duty owed to the worker.

  • June 25, 2026

    9th Circ. Says Farmworkers' Attys Deserve Higher Fee

    The Ninth Circuit has ordered a Washington federal court to increase an attorney fee award for farmworkers who successfully challenged the federal government's agricultural wage survey methodology, finding the lower court's explanation for slashing the award by 75% was insufficient.

  • June 25, 2026

    Conn. Justices Say Local Rent Board Can Enter Eviction Fight

    The Connecticut Supreme Court on Thursday allowed a municipal fair rent commission to get involved in a landlord-tenant eviction action in state court, finding the local body clearly has an interest in advocating for its statutory right to adjudicate complaints and enforce its own orders.

  • June 25, 2026

    11th Circ. Challenges Exclusion In Arson Death Dispute

    An Eleventh Circuit panel appeared skeptical of a property insurer's argument that an exclusion for a failure to maintain an apartment complex freed it from defending the owner in a wrongful death suit stemming from arson.

  • June 25, 2026

    5th Circ. Backs FDA's Block On Vape Marketing

    The Fifth Circuit affirmed the U.S. Food and Drug Administration's decision to block two vape companies from marketing their menthol-flavored e-cigarette products after finding the benefits to adult smokers didn't outweigh the risk to minors.

  • June 25, 2026

    Mich. Justices Revive BAC Proof In Fatal Crash Prosecution

    The Michigan Supreme Court ruled that a jury should be allowed to hear evidence that a motorcyclist killed in a traffic collision may have been intoxicated at the time of the crash, reversing lower court decisions that excluded the evidence from a criminal prosecution against the driver of the other vehicle.

  • June 25, 2026

    Allstate Not Liable For Contractor's Spam Calls, 7th Circ. Says

    Allstate Insurance Co. can't be held vicariously liable for a subcontractor's spam calls to a man on a do-not-call list because the insurer did not know the company had been hired and could not be directly linked to allowing that extra layer of marketing, the Seventh Circuit said Wednesday.

  • June 25, 2026

    3rd Circ. Vexed By Diabetic Worker's Atty, AI Issues

    A Third Circuit panel questioned Thursday whether a hospital employee's disclosure of her diabetes was "too little, too late" to trigger an accommodation after she was written up for sleeping on the job — and whether her attorneys should be sanctioned for filing a minor motion that appeared to include AI-hallucinated citations.

  • June 25, 2026

    Mich. Panel Says Detroit Schools Can't Use Tax For Bond Debt

    The Detroit Public Schools Community District and its predecessor have lost a bid to continue collecting an operating tax after an emergency loan is paid off, with an appellate court panel finding state law does not allow the tax to be levied to pay off other long-term debts. 

  • June 25, 2026

    4th Circ. Says Supply Co.'s Foreign Member Kills Diversity

    The Fourth Circuit on Thursday declined to reinstate a medical supply company's contract dispute against a U.K. corporation over COVID-19 test kits, after finding that the lack of a U.S. citizen on the supply company's side destroys the court's diversity jurisdiction to hear the case.  

  • June 25, 2026

    8th Circ. Backs Immunity In DAPL Protest Injury Dispute

    A panel of the Eighth Circuit has upheld a decision to dismiss a challenge by an environmentalist who was severely injured by North Dakota law enforcement during a protest over the Dakota Access pipeline, finding the officers are entitled to immunity and her claims of 14th Amendment violations do not meet a "shocks the conscience" threshold.

  • June 25, 2026

    Senate Confirming Judges Faster Than In Trump's 1st Term

    The Senate has confirmed 45 judges in the second Trump term, outpacing the rate of his first administration, Senate Republicans announced on Thursday.

  • June 25, 2026

    7th Circ. Won't Reinstate Trans Bus Driver's Bias Suit

    The Seventh Circuit declined to revive a transgender bus driver's suit claiming the Chicago Transit Authority fired him due to his gender identity, ruling he failed to show the decision was driven by prejudice rather than claims that he took medical leave that wasn't approved.

  • June 25, 2026

    11th Circ. Revives Cheerleading 'Worlds' Trademark Suit

    The Eleventh Circuit has revived U.S. All Star Federation's lawsuit alleging a rival ripped off the competitive cheerleading organizational body's signature event's name, saying there were factual issues over the nature of the trademarks at issue.

  • June 25, 2026

    High Court Strikes Down Hawaii Gun Restrictions

    The U.S. Supreme Court ruled Thursday that a Hawaii law banning people from bringing firearms onto private property open to the public without express permission from the owner violates the Second and 14th amendments.

  • June 25, 2026

    Justices Let Trump End Temporary Status For Haiti, Syria

    The U.S. Supreme Court on Thursday gave the green light to the Trump administration to move forward with ending temporary protected status for Haitians and Syrians, ruling that courts are barred from reviewing such determinations.

  • June 25, 2026

    Monsanto Wins High Court Fight Over Roundup Cancer Warnings

    The U.S. Supreme Court on Thursday handed Monsanto a win in its long-running litigation battle over the labeling of alleged cancer risks of its bestselling weedkiller Roundup, clearing the path for a $7.25 billion settlement to end thousands of suits facing the Bayer AG unit by finding that the state law claims underlying a $1.25 million jury verdict are barred.

  • June 25, 2026

    Justices Say Asylum Rights Begin On US Soil

    The U.S. Supreme Court on Thursday ruled that federal immigration officials can turn away noncitizens without valid travel documents who haven't physically crossed the southern border when U.S. ports of entry are at capacity.

  • June 24, 2026

    Atty DQ Over Inadvertent Doc Disclosure Overturned

    A California state appeals court has upended the disqualification of defense counsel in a sexual battery suit, saying documents undermining the case that were accidentally produced via a Dropbox link were not privileged.

  • June 24, 2026

    Mich. Tribe Says BCBS Hid Facts Behind ERISA Time Bar

    Counsel for the Saginaw Chippewa Indian Tribe of Michigan told a Sixth Circuit panel Wednesday that claims against Blue Cross Blue Shield that it did not seek lower, Medicare-like rates for the tribe's plan members should not be time-barred because tribe members did not know until 2014 that the insurance company had been overpaying for coverage.

  • June 24, 2026

    4th Circ. Says Cyber Co. Owes Nothing In Licensing Row

    The Fourth Circuit has said a Virginia federal court got it right the second time when dispensing with a long-running dispute between cybersecurity company Vir2us and a cloud-enabled cybersecurity firm that Vir2us says owes it royalties under a patent licensing deal.

  • June 24, 2026

    Mass. SJC Backs DNA Testing In Self-Defense Murder Bid

    A man who was convicted in 2007 of murdering his girlfriend should have been allowed to ask for DNA testing of the handles of knives he said she attacked him with, Massachusetts' highest court said Wednesday.

  • June 24, 2026

    Split 2nd Circ. Denies Bail To NYPD Bribery Case Cooperator

    A split Second Circuit panel has denied bail for a man once described by prosecutors as "one of the single most important" cooperating witnesses in the recent history of the Southern District of New York while he appeals his conviction in a police bribery scheme.

  • June 24, 2026

    Fla. Panel Reverses Multiplied Atty Fee In Irma Coverage Row

    A Florida state appeals court on Wednesday affirmed the award of $389,362 in attorney fees for a firm that represented a homeowner in a Hurricane Irma coverage dispute, but found that a lower court unjustifiably multiplied the award to bring it up to roughly $1 million.

Expert Analysis

  • 3 Rulings Show How Creditors Make Civil RICO Claims Stick

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    An Arizona federal court's recent decision concerning UniCredit Bank Austria is one of few in which creditors' claims against debtors for Racketeer Influenced and Corrupt Organizations Act violations have survived motions to dismiss, and these claims' substantial benefits make the rulings worth analyzing for guidance, says Brian Asher at Asher Research.

  • What Fed. Circ.'s Poultry Patent Ruling Says About 'About'

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    The Federal Circuit's recent decision in Enviro Tech v. Safe Foods highlights how approximation language in patent claims affects not only litigation outcomes, but also portfolio value, competitive positioning and prosecution strategy, say attorneys at Foley & Lardner.

  • Class Actions At The Circuit Courts: May Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings from cases involving allegations of Title VII violations, the Employment Retirement Income Security Act, prison dental care violations and overcharging for PACER access.

  • Texas Ruling Makes Avoiding Appraisal Nearly Impossible

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    By deciding that a coverage dispute doesn't nullify an appraisal clause, the Texas Supreme Court, in its recent Ace American Insurance ruling, makes appraisal nearly unavoidable in state personal auto and residential property disputes, says David Winter at Norton Rose.

  • Series

    NY Times Word Puzzles Make Me A Better Lawyer

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    Every morning I let The New York Times humble me with word games, which offer a chance to recalibrate my brain before the day's chaos arrives and remind me that a solution — whether to a puzzle or employment law issue — almost always exists once I find the right angle, says Amy Epstein Gluck at Pierson Ferdinand.

  • Tracking Tech Suit Is A Risk Management Reminder For Cos.

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    The Fifth Circuit recently heard oral argument in Rand v. Eyemart Express — an appeal that could reshape the legal landscape for businesses that deploy tracking tech on their websites — underscoring the importance of proactive risk management for companies across multiple industries, say attorneys at Blank Rome.

  • Series

    Law School's Missed Lesson: Diagnose Before Arguing

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    Law school often skips over explicitly teaching students how to determine what kind of problem a case presents before they commit to a particular doctrinal path, which risks building arguments that are internally coherent but externally misaligned, says Melanie Oxhorn at Kobre & Kim.

  • A Fed. Circ. Blueprint For Drafting Medical Device Patents

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    The Federal Circuit's decision in Constellation Designs v. LG last month, among other recent rulings, underscores the importance of emphasizing engineering, rather than clinical goals, when drafting patent claims for medical devices and software as a medical device, says Brandon Theiss at Volpe Koenig.

  • Decoding Arbitral Disputes: EU's Arb. Defense From Russia

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    The EU's latest package of restrictive measures against Russia marks a significant shift from merely resisting Russian jurisdictional tactics to proactively protecting arbitration and exclusive jurisdiction agreements, elevating the procedural importance of dispute resolution clauses, says Josep Galvez at 4-5 Gray's Inn Square.

  • Becoming The Biz-Savvy GC That Portfolio Companies Need

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    Candidates for general counsel roles at private equity-backed portfolio companies should prioritize proving their sector-specific experience, commercial judgment and ease with uncertainty — and attorneys hoping to be candidates in five to 10 years should start working on those skills now, says Dimitri Mastrocola at Major Lindsey.

  • Nielsen Appeal Tests Antitrust Limits Of Pricing And Bundling

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    In Cumulus v. Nielsen, the Second Circuit is considering a structural pattern in which a monopolist exploits upstream market power to foreclose downstream competition, which could potentially offer broad insight into how courts will assess exclusionary bundling and pricing defenses under antitrust law, says Luke Hasskamp at Bona Law.

  • Series

    Judges On AI: How Courts Can Survive The Tech Revolution

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    Colorado Supreme Court Justice Maria Berkenkotter and Colorado Court of Appeals Judge Lino Lipinsky de Orlov discuss how artificial intelligence has already fundamentally altered the legal system and offer tips for courts navigating deepfakes, hallucinations and a gap in access to AI tools.

  • 'Skinny Label' Arguments Spotlight Induced Infringement Risk

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    Recent oral arguments before the U.S. Supreme Court in Hikma Pharmaceuticals v. Amarin Pharma highlight the uncertain boundary between lawful generic competition through so-called skinny labels and induced patent infringement, with potential implications for patent holders’ communication, enforcement and causation strategies across industries, says Anton Hopen at Trenam.

  • A Framework For Habeas Relief After 5th Circ. Bond Ruling

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    Following the Fifth Circuit’s recent Buenrostro-Mendez v. Bondi decision foreclosing statutory bond for detained nonimmigrants not deemed admitted to the U.S., lawyers should adopt a framework that requests habeas relief pursuant to the Fifth Amendment’s due process clause, says Kemal Hepsen at Mandamus Lawyers.

  • 4th Circ. Ruling Will Rewrite Class Action Litigation Strategies

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    The Fourth Circuit's recent decision in Oliver v. Navy Federal Credit Union is the first from a federal circuit court to hold that motions to strike are inappropriate vehicles for challenging class allegations at the pleading stage, invalidating a tactic that had been used for decades, says Jim Francis at Francis Mailman.

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