Appellate

  • July 17, 2026

    Top Gov't Contracting Decisions Of 2026: Midyear Report

    The U.S. Supreme Court and federal circuit courts decided several consequential cases impacting contractors this year, including weighing whether contractors can immediately appeal district court denials of their immunity claims and clarifying what a successful protester needs to challenge an agency's decision to continue a contract during a bid protest.

  • July 16, 2026

    Kioxia Hit With $229M Verdict In Viasat Memory Patent Suit

    Japanese memory device company Kioxia owes Viasat more than $229 million for infringing the American communication company's flash memory patent, a Texas federal jury determined Thursday.

  • July 16, 2026

    Meta Can't Keep Certain Docs Secret In DC Social Media Row

    Washington, D.C.'s highest court refused to make a trial court vacate discovery orders requiring Meta to disclose certain communications concerning internal research related to the well-being of young social media users, saying Thursday that Meta failed to show it had a "clear and indisputable" right to such relief.

  • July 16, 2026

    FDA, Drugmakers Urge 5th Circ. To Allow Abortion Pill By Mail

    The U.S. Food and Drug Administration and the makers of the abortion medication mifepristone have urged the Fifth Circuit not to reinstate an in-person dispensing requirement, arguing that doing so would disrupt the government's ongoing review of the drug, "threaten chaos" and defy the U.S. Supreme Court.

  • July 16, 2026

    Calif. Justices Put Kibosh On Appeal Strategy In Med Mal Case

    The California Supreme Court on Thursday clarified the state's final judgment rule and held that a voluntary dismissal intended to speed up appellate review of adverse trial court rulings in a medical malpractice case essentially forfeited the case for the plaintiffs.

  • July 16, 2026

    Fed. Circ. Asked Not To Shift Moderna Vax Patent Case To Gov't

    Drugmakers like Novartis, former federal judges, a startup group and others have urged the Federal Circuit to reject calls to shift liability in a COVID-19 vaccine patent suit against Moderna to the federal government, saying that doing so would undermine patent rights.

  • July 16, 2026

    NJ Justices Clarify FCA Amendment In Reviving Bank Suit

    The New Jersey Supreme Court on Thursday revived whistleblower claims accusing Bank of America, Wells Fargo and other financial giants of fraud in the setting of interest rates on certain municipal bonds, saying that a lower court improperly blocked the attorney general from exercising authority in the litigation.

  • July 16, 2026

    Feds Tell 11th Circ. It Can't Hear BP Offshore Drilling Case

    The federal government has told the Eleventh Circuit it doesn't have jurisdiction to hear an appeal from conservation groups challenging the Trump administration's approval of BP PLC's Kaskida offshore oil and gas drilling project in the Gulf of Mexico.

  • July 16, 2026

    Colorado County Housing Fee Upheld On Appeal

    A Colorado mountain community's housing impact fee methodology for residential homes survived a challenge from a Texas property developer attempting to overturn a roughly $250,000 permit fee for an 11,300-square-foot home after the Colorado Court of Appeals ruled Thursday that the fee complies with state law.

  • July 16, 2026

    7th Circ. Shuts Down Fired Firefighter's Free Speech Suit

    The Seventh Circuit declined Thursday to revive a fired Chicago firefighter's suit claiming his free speech rights were violated when he was terminated over racially offensive Facebook posts, agreeing with the city that the racist nature of the posts undermined trust in public safety services.

  • July 16, 2026

    Wells Fargo, Ocwen Seek Win In ERISA Suit 2nd Circ. Revived

    Wells Fargo and Ocwen asked a New York federal judge for a pretrial win in a suit from union pension fund trustees accusing the companies of mishandling home loans tied to employee pension fund investments, after the Second Circuit partially knocked out the companies' earlier win in March.

  • July 16, 2026

    Mich. Appeals Panel Says Tax Sale Claims Must Follow Statute

    The Michigan Court of Appeals has affirmed a lower court's dismissal of a suit brought by former property owners seeking the return of surplus proceeds from tax foreclosure sales, saying in a published opinion the property owners did not follow the necessary statutory process when filing their complaint.

  • July 16, 2026

    Noncitizens Awaiting U Visas Not Entitled To Leave, Reenter

    The Eleventh Circuit said noncitizens who were victims of the Parkland high school shooting, and their families, are not entitled to leave and reenter the country while awaiting their special visas for assisting law enforcement in investigating the crime.

  • July 16, 2026

    11th Circ. Affirms Quarry Valuation Sank $23M Easement Perk

    A 103-acre tract's best alternative use is not an aggregate quarry, the 11th Circuit ruled Thursday, rejecting the valuation that supported a partnership's $23 million deduction claim for donating the Georgia property as a conservation easement.

  • July 16, 2026

    'Top Gun' Article Heirs Ask Justices To Review Similarity Test

    The heirs of the journalist whose 1983 magazine article inspired the original "Top Gun" movie have asked the U.S. Supreme Court to revive their copyright lawsuit over "Top Gun: Maverick" and resolve what they call a circuit split over how courts should compare allegedly similar works.

  • July 16, 2026

    5th Circ. Upholds Gun Ban Against Domestic Abuser

    The Fifth Circuit ruled that a man convicted of domestic violence cannot have his right to own a firearm restored despite the U.S. Supreme Court's expansion of gun rights in recent years, and that Congress did not exceed its constitutional authority by limiting his Second Amendment rights.

  • July 16, 2026

    NC Panel Tells State Bar To Rethink Ex-Judge's Suspension

    The North Carolina Court of Appeals has partially reversed a disciplinary order against a former state court judge facing a suspension of his law license for a string of alleged misconduct on and off the bench, finding certain professional violations he is accused of committing lacked evidentiary support.

  • July 16, 2026

    Calif. Tells 9th Circ. AI Disclosure Law Helps Consumers

    The state of California has pressed the Ninth Circuit to affirm a district court's decision denying xAI's injunction request against a state law requiring artificial intelligence companies to disclose what's included in training their models, saying the law advanced "an important governmental interest" in providing transparency to the public.

  • July 16, 2026

    Fed. Circ. Revives Commerce's Korean Steel Duty Findings

    The U.S. Department of Commerce can adjust its countervailable duty rate for a South Korean steel manufacturer by reconsidering earlier determinations, a Federal Circuit panel said Thursday, reversing a trade court ruling that made the department stick with its older findings.

  • July 16, 2026

    Mich. Justices Back Conviction Despite 'Medical Torture' Flub

    The Michigan Supreme Court has ruled that a child abuse expert for the prosecution should not have told jurors in a child abuse trial that she diagnosed a young victim with "medical torture," but it unanimously concluded that the error did not warrant a new trial because other evidence overwhelmingly supported the conviction. 

  • July 16, 2026

    NJ Panel Says Insurer, Not Driver, Owed Auto Damage Proof

    A New Jersey appellate panel held Thursday that the burden of proof was on an insurer, not a driver, in a coverage dispute stemming from a blown head gasket that rendered her vehicle inoperable, vacating the insurer's win and remanding for a new trial.

  • July 16, 2026

    3rd Circ. Partly Revives Hospitals' ERISA Suit Against Cigna

    The Third Circuit on Thursday revived some ERISA contract claims in a New Jersey hospital network's suit alleging Cigna underpaid out-of-network reimbursements by $114 million, but backed the dismissal of the network's fiduciary duty claims.

  • July 16, 2026

    Fed. Circ. Vacates $12.7M Copyright Award Against Gov't

    The Federal Circuit on Thursday vacated a $12.7 million copyright award against the federal government over unauthorized copies of software for a project on military health records, holding that the trial judge improperly relied on the project's later cancellation and awarded enhanced damages for willful infringement against the government.

  • July 16, 2026

    2nd Circ. Shields Switzerland From Credit Suisse Bond Suit

    In a published opinion Thursday, the Second Circuit affirmed the dismissal of a $372 million bondholder suit against Switzerland over the 2023 collapse of Credit Suisse AG and the reduction in value of $17.3 billion of debt securities, agreeing with a New York judge that the country is immune from being sued in U.S. district court.

  • July 16, 2026

    Pa. Appeals Panel Reinstates Union's FMLA Arbitration Win

    A Pennsylvania appeals panel on Thursday said a lower court was wrong to scrap an arbitrator's conclusion that a school district violated a collective bargaining agreement by forcing a teacher recovering from surgery to use leave guaranteed by federal law to cover her absence.

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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