Appellate

  • August 20, 2026

    AmEx Waived Arbitration By Refusing Fees, 1st Circ. Says

    American Express forfeited its right to insist on arbitration in a proposed class action by merchants challenging the company's swipe-fee rules when it failed to pay its share of the arbitrator's fees, estimated to be $17 million, the First Circuit has ruled.

  • August 20, 2026

    Conn. Justices Let Parole Outcomes Impact Resentencing

    Judges at sentence modification hearings can consider the decisions of the state parole board as part of a broader array of evidence, the Connecticut Supreme Court ruled Thursday in turning down an appeal from an elderly convict who lost his bid for release from prison.

  • August 20, 2026

    9th Circ. Widens Arbitration Split, But Will High Court Step In?

    The Ninth Circuit issued a decision last week foreclosing the use of the legal concept that a dispute over the enforcement of an international arbitral award might be better heard elsewhere, contributing to a circuit split that could result in the U.S. Supreme Court finally addressing an issue it has previously eschewed.

  • August 19, 2026

    Firms Cut From $101M Anthropic Atty Fees Appeal To 9th Circ.

    Two law firms involved in securing artificial intelligence company Anthropic's $1.5 billion copyright settlement with a class of authors and publishers are appealing to the Ninth Circuit an order excluding them from attorney fees awarded to court-appointed class counsel.

  • August 19, 2026

    5th Circ. Tells FDA To 'Rethink' Rule Behind E-Cig Rejection

    The Fifth Circuit on Wednesday agreed with vaping companies that the U.S. Food and Drug Administration overstepped its authority when it repeatedly blocked approval of flavored e-cigarettes without a notice-and-comment period, holding that the repeated denials constitute a rule that the agency must "rethink" or readopt properly.

  • August 19, 2026

    Amazon Wants Full 9th Circ. To Rethink Block On Perplexity AI

    Amazon is pressing the full Ninth Circuit to consider a lower court's injunction preventing Perplexity's "uniquely reckless" artificial intelligence tool from purchasing items for users on Amazon, arguing that a panel erred in lifting the block earlier this month.

  • August 19, 2026

    German Entrepreneur's Dad Can't Nix SEC Tab, 1st Circ. Rules

    The First Circuit on Wednesday affirmed a judgment against the father of German billionaire Michael Gastauer, saying the parent "waited too long" to object to a lower court's personal jurisdiction over him as a relief defendant in a case concerning his son's alleged participation in an international pump-and-dump scheme.

  • August 19, 2026

    2nd Circ. Revives Signature Bank Investor Suit Against Execs

    The Second Circuit on Wednesday revived a shareholder lawsuit over alleged misstatements about Signature Bank's health ahead of its 2023 collapse, finding that a New York federal court was wrong to toss the case because securities fraud claims against the defunct bank do not transfer to the Federal Deposit Insurance Corp. as the banks' receiver.

  • August 19, 2026

    Abbott Deal Ends Appeal After $495M Baby Formula Trial Loss

    Abbott Laboratories Inc. has struck a deal with a family that won a $495 million judgment against the U.S. pharmaceutical company in a bellwether trial over claims that its baby formula caused a premature baby to suffer a disabling condition, after a midlevel appellate court upheld the win, according to court filings.

  • August 19, 2026

    1st Circ. Says Apellis Disclosures Weren't 'Half-Truths'

    A First Circuit panel on Wednesday affirmed the dismissal of a securities fraud lawsuit accusing Apellis Pharmaceuticals and some of its top executives of misleading investors about the safety testing of the company's eye drug Syfovre, finding no actionable claim the company told "half-truths" about potential side effects of inflammation that can lead to blindness. 

  • August 19, 2026

    3rd Circ. Urged To Revisit Arbitration Doctrine In Award Fight

    An asset management firm required to pay about $11 million in administrative fees and interest has asked the Third Circuit to reconsider its opinion upholding a doctrine under which arbitrators are barred from revisiting their prior decisions, saying it conflicts with binding Third Circuit precedent.

  • August 19, 2026

    Generac Investors Ask 7th Circ. To Revive COVID Sales Suit

    A pension fund has urged the Seventh Circuit to revive a securities class action accusing home generator company Generac Holdings Inc. and its top brass of failing to keep up with a surge in business during the COVID-19 pandemic, arguing the lower court erroneously found that the statements challenged by the suit were immaterial.

  • August 19, 2026

    7th Circ. Backs Developer's Conviction In Bank Fraud Case

    The Seventh Circuit affirmed Tuesday a real estate developer's conviction for his role in a multimillion-dollar embezzlement scheme at a now-shuttered Chicago bank, saying while the line "separating an improper lending relationship from criminality was not obvious in this case," the government presented enough evidence for jurors to conclude he knowingly participated in the fraud.

  • August 19, 2026

    Double Patenting Ripe For Fresh Fed. Circ. Look Amid Debate

    The already complex doctrine of obviousness-type double patenting may now be more tangled following a decision and a brief from the patent office seemingly taking different views on a key issue, but that could set the stage for the Federal Circuit to provide clarity, attorneys say.

  • August 19, 2026

    Air Force Urges Justices Not To 'Engraft' NEPA Onto RCRA

    The Air Force on Wednesday urged the U.S. Supreme Court to reject a Guam nonprofit's assertion that the military branch should have completed an environmental review before it applied to renew a hazardous waste permit allowing it to detonate expired munitions on the island.

  • August 19, 2026

    Fed. Circ. Backs PTAB's Ax Of 10x Genomics Patent Claims

    The Federal Circuit declined Wednesday to save claims in a trio of 10x Genomics patents covering nucleic acid analysis methods, affirming decisions from the Patent Trial and Appeal Board that sided with Parse Biosciences Inc.'s obviousness challenges to the claims.

  • August 19, 2026

    11th Circ. Won't Revive Ex-Deputy's Suit Over Affair Fallout

    A former Georgia deputy and his wife cannot revive their lawsuit accusing county officials of violating their constitutional rights after it was revealed that the deputy was having an extramarital affair with an official's wife while on duty, the Eleventh Circuit said Wednesday.

  • August 19, 2026

    Pro-Business Foundation Backs J&J's Stelara Antitrust Win

    Insurer CareFirst's bid to revive an antitrust lawsuit against Johnson & Johnson over its acquisition of patents affecting competitors would throw cold water over drug company mergers, burden government regulators and strip the issue of intent out of antitrust enforcement, according to an amicus brief filed by the Washington Legal Foundation.

  • August 19, 2026

    8th Circ. Backs $1B Broker Commissions Settlement

    The Eighth Circuit decided Wednesday to affirm a more than $1 billion class action settlement that's supposed to resolve antitrust claims against the National Association of Realtors and multiple real estate brokerages, which were accused of running an anticompetitive scheme that involved the brokerages following NAR rules that artificially inflated buyer-broker commissions.

  • August 19, 2026

    NJ Justices Bar Abuse Claims Against Nat'l Boys & Girls Club

    The New Jersey Supreme Court held Wednesday that the national Boys & Girls Clubs of America can't face litigation in the state over decades‑old abuse allegations at a Jersey City affiliate, finding the claims do not stem from the national organization's ties to the state.

  • August 19, 2026

    Ohio Court Won't Unseal Files Sought In Wrongful Death Suit

    The Ohio Supreme Court on Wednesday ruled that sealed criminal court records should not be unsealed so that they can be used in a civil wrongful death lawsuit, saying there is no evidence the records were improperly restricted.

  • August 19, 2026

    6th Circ. Backs Blue Cross Over Reimbursement Rate Dispute

    The Sixth Circuit on Wednesday upheld Blue Cross Blue Shield of Michigan's defeat of a lawsuit alleging it shortchanged several medical providers despite promising higher reimbursement rates before a La-Z-Boy employee received care, ruling the providers' claims were superseded by federal benefits law.

  • August 19, 2026

    Immigration Board Says Migrants Get 1 Shot To Reopen Case

    The Immigration and Nationality Act generally limits noncitizens in immigration proceedings to only one motion to reopen a case, the Board of Immigration Appeals ruled, adding that statutory restriction cannot be equitably tolled, either.

  • August 19, 2026

    Pa. Judge Rejects $360M Offset In Generics Antitrust Case

    The Pennsylvania federal judge overseeing antitrust multidistrict litigation against generic-drug makers over alleged price-fixing has rejected a request by the pharmaceutical company defendants to set off any potential award to insurance company plaintiff Humana Inc. by $360 million given its success in separate litigation.

  • August 19, 2026

    Fla. Court Cuts Teen's Convictions In Police Shooting Case

    A Florida appellate panel on Wednesday reversed two attempted first-degree murder convictions for a juvenile who shot at an unmarked vehicle containing four police detectives, saying the evidence only supported attempted second-degree murder.

Expert Analysis

  • Salt-N-Pepa Suit May Shake Up Music Copyright Issue

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    James v. UMG Recordings is a copyright termination rights case that provides an opportunity for the Second Circuit to make concrete choices about grant language, authorship, work-for-hire status and survival of derivative works, says attorney Abdul Abdullahi.

  • Opinion

    5th Circ.'s Abortion Pill Order Is Shaky On Multiple Grounds

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    The Fifth Circuit's recent order in Louisiana v. U.S. Food and Drug Administration, reinstating an in-person dispensing requirement for the abortion medication mifepristone, seems to turn federalism upside-down, and is also questionable for several other reasons, says Gregory Curtner at Curtner Law.

  • Series

    The Biz Court Digest: Georgia Court Has Business On Its Mind

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    Thanks to recent legislation, the Georgia State-wide Business Court will soon offer business litigants greater access to the court than ever before, further enhancing the court's emphasis on efficiency, predictability and accessibility for sophisticated commercial disputes, says former GSBC judge Walt Davis at Jones Day.

  • 5 Takeaways From Justices' Subpoena Fight Ruling

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    The U.S. Supreme Court's recent decision in First Choice v. Davenport fortifies a line of First Amendment associational privacy cases stretching back nearly 70 years, and ensures that organizations subject to government demands for donor information have a meaningful federal forum in which to defend their constitutional rights, say attorneys at DLA Piper.

  • Where The Preemption Fight Over Prediction Markets Stands

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    While the Third Circuit's recent ruling in Kalshi v. Flaherty remains a significant win for the federal government in its quest to regulate prediction markets, the Fourth, Sixth and Ninth Circuits appear more skeptical, indicating that this fight is likely headed for the Supreme Court, says Johnny ElHachem at Holland & Knight.

  • Md. Justices' State Climate Tort Ban May Shape National Path

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    The Maryland Supreme Court’s recent ruling that federal law preempted state-level deceptive marketing tort claims brought by several municipalities could offer the U.S. Supreme Court a road map to use in the pending Suncor Energy v. Boulder County case to exclude states from the business of regulating global emissions, say attorneys at ArentFox Schiff.

  • 4 Emerging Approaches To AI Protective Order Language

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    Over the last year, at least five federal district courts have issued or analyzed specific protective order provisions restricting the use of generative artificial intelligence platforms with protected materials, establishing that proactive AI-specific provisions are now standard practice and demonstrating that no single model works for every case, says Joel Bush at Kilpatrick.

  • What Justices Are Focusing On In 'Skinny Label' Patent Case

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    Though Hikma v. Amarin appears to be a patent dispute that could reshape inducement doctrine in the pharmaceutical context, oral argument suggests the U.S. Supreme Court may treat this as primarily a pleading-stage dispute, with important unresolved questions lurking beneath the surface, says Shashank Upadhye at Upadhye Tang.

  • Employer Tips After 4th Circ. Rejects Trimmed Suit Deadlines

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    The Fourth Circuit's recent holding in Thomas v. EOTech that employers cannot use contractual provisions to shorten statutory filing periods for Title VII or Age Discrimination in Employment Act claims offers a warning for employers to review any such documents and reassess their litigation risk, say attorneys at Ogletree.

  • Binance Win Shows Constraints On Anti-Terrorism Act Claims

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    The Southern District of New York's recent ruling in Troell v. Binance illustrates that the Second Circuit's earlier decision in Ashley v. Deutsche Bank is holding weight with courts, and companies facing aiding and abetting risk should thus monitor evolving case law and assess exposure based on nexus allegations, say attorneys at Freshfields.

  • Understanding The Insider Trading Gap In Prediction Markets

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    While the first-ever insider trading indictment involving a prediction market — the recent prosecution of a service member involved in the capture of Nicolás Maduro — comprised extreme facts and straightforward legal theories, future cases will test the bounds of insider trading law, say attorneys at Baker McKenzie.

  • Heppner Ruling Left AI Privilege Risk For Lawyers Unresolved

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    While a New York federal judge’s recent ruling in U.S. v. Heppner resolved a privilege question surrounding client-side artificial intelligence use, it did not address how to mitigate the risks that can arise when confidential information enters the operative context of an AI system used by an attorney, says Jianfei Chen at Quarles & Brady​​​​​​​.

  • How 10 Years Of Case Law Have Shaped The DTSA

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    As the Defend Trade Secrets Act reaches its 10th anniversary, attorneys at Ropes & Gray examine recent DTSA case law and highlight key takeaways regarding pleading requirements, damages and risk factors.

  • The Ethics And Practicalities Of Representing AI Agents

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    With autonomous artificial intelligence agents now able to take action without explicit instructions from — or the awareness of — their human owners, the bar must confront whether existing frameworks like informed consent and client privilege will be sufficient on the day an AI agent calls seeking counsel, say attorneys at Morrison Cohen.

  • Notable Q1 Updates In Insurance Class Actions

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    Notable insurance class action decisions from the first quarter of the year included reminders about the statute of limitations as a key defense for claims relating to allegedly deficient forms, the importance of focus on the specific contract at issue and further guidance on the contours of Rule 23, says Kevin Zimmerman at BakerHostetler.

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