Appellate

  • July 22, 2026

    Fed. Circ. Panel Stands By Invalidated Spinal Fusion IP

    The Federal Circuit on Wednesday said it won't rethink a panel's decision invalidating patent claims covering parts used to make expandable implant devices in spinal fusion surgeries that were the basis of a $9.5 million jury verdict against Life Spine Inc.

  • July 22, 2026

    Pa. Justices Say Resisting Arrest Case Lacked Valid Warrant

    The Supreme Court of Pennsylvania has held that convicting someone for resisting arrest when officers are trying to follow a warrant requires proof the underlying warrant was valid — vacating the conviction of a man arrested because a police database and dispatcher said he had bench warrants in his name.

  • July 22, 2026

    Mich. Gets Judge With Blue Slips In 1st For Trump Admin

    The U.S. Senate voted 62-36 on Wednesday to confirm Michael Martin, a longtime federal prosecutor, to the Eastern District of Michigan and Benjamin Flowers, former solicitor general of Ohio, to the Sixth Circuit.

  • July 22, 2026

    5th Circ. Stays Lower Orders In 90-Day Bond Hearing Review

    The Fifth Circuit granted the Trump administration's request to pause several habeas judgments while the court reconsiders whether the federal government has the authority to detain noncitizens for more than 90 days without providing a bond hearing.

  • July 22, 2026

    Trump's Expiring Global Tariff Is Valid, US Tells Fed. Circ.

    President Donald Trump's temporary global tariff is lawfully authorized under a statute allowing the executive branch to address serious balance-of-payment deficits, a term that can easily be construed to include the economic conditions referenced in the implementing order, the government told the Federal Circuit.

  • July 22, 2026

    Wash. Law Bars Discriminatory HOA Enforcement, Panel Says

    The Washington State Court of Appeals reversed the dismissal of the Washington State Human Rights Commission's administrative housing bias complaint against a homeowners association and other parties, ruling that the state's discrimination law stops homeowners associations from using their rules to discriminate against people.

  • July 22, 2026

    AGs Appeal Order Blocking RealPage Damages In MDL

    Attorneys general for Kentucky, Washington state, New Jersey, Maryland and D.C. have asked the Sixth Circuit to review a district court ruling barring them from seeking damages on behalf of their residents alongside private plaintiffs' settlements in a sweeping multidistrict litigation accusing landlords of using RealPage software to collude on rent prices.

  • July 22, 2026

    DOL Takes Swipe At Derisking Cases In Bristol-Myers Brief

    The U.S. Department of Labor urged the Second Circuit to shut down a suit claiming drugmaker Bristol-Myers Squibb violated federal benefits law by offloading $2.6 billion in pension liabilities to a risky annuity provider, saying benefit plans stand to suffer if courts greenlight flimsy claims of injury.

  • July 22, 2026

    9th Circ. Won't Reopen Vax Bias Suit Against Wash. Officials

    The Ninth Circuit upheld a Washington state agency's win in a suit alleging it unlawfully fired over a dozen employees rather than accommodate their religious objections to the COVID-19 vaccine, ruling they hadn't shown the agency was purposely hostile toward religion.

  • July 22, 2026

    10th Circ. Nixes Tractor Injury Verdict Over 'Obvious' Hazard

    The Tenth Circuit has reversed a jury verdict that favored a farmer who was run over by his own tractor, finding the tractor maker had no duty to warn him of the "open and obvious" hazard of getting out of, and stepping in front of, a moving tractor.

  • July 21, 2026

    DC Circ. Affirms HHS Authority Over 340B Rebate Plans

    The D.C. Circuit on Tuesday upheld a lower court's finding that U.S. Department of Health and Human Services has the authority to block or approve drugmakers' efforts to implement rebates instead of discounts under the 340B drug-pricing program.

  • July 21, 2026

    Trump, DOJ Sued For Firing Court-Appointed Seattle US Atty

    Roger Rogoff, a former Washington state judge who was sworn in as Seattle's new U.S. attorney last week and then swiftly fired by the Trump administration, filed a federal lawsuit Tuesday against President Donald Trump and the U.S. Department of Justice, saying their "attempt to fire him cannot stand."

  • July 21, 2026

    7th Circ. Affirms NYT, Getty Photogs Not Targeted By Cops

    A Seventh Circuit panel Tuesday affirmed a lower court's ruling that photojournalists for The New York Times and Getty who say they were struck by foam baton rounds while documenting civil unrest at the Kenosha County courthouse in 2020 were not intentionally targeted or singled out by officers.

  • July 21, 2026

    Data Capture Alone Doesn't Violate Calif. License Plate Law

    A California state appeals court has refused to revive a proposed class action that accused a vehicle location data company of unlawfully collecting drivers' data through automatic license plate readers, saying in a published opinion that the suit's plaintiff couldn't lean on his "subjective belief" that his privacy was invaded.

  • July 21, 2026

    NJ Court Revives Challenge To Prom Season Motel Rental Limits

    A New Jersey appeals court on Monday revived a constitutional challenge to a municipal ordinance banning anyone under 21 from booking a hotel or motel room during prom and graduation season, giving Jersey Shore motel owners another chance to argue that the ordinance violates would-be hotel customers' constitutional rights, at least under the state constitution.

  • July 21, 2026

    Pa. Justices Reject Prior Case, End 'Open Fields Doctrine'

    The Pennsylvania Supreme Court on Tuesday issued stronger protections for private property owners, holding that the state's charter protects against an "open fields doctrine" that allows state game authorities to search a property without a warrant for game violations.

  • July 21, 2026

    DC Circ. Orders SEC To Rethink FINRA Arbitration Challenge

    The U.S. Securities and Exchange Commission's "largely boilerplate" letter rejecting financial service company Thrivent's bid to challenge the Financial Industry Regulatory Authority's arbitration authority didn't offer enough explanation to secure it judicial deference, a D.C. Circuit panel ruled Tuesday.

  • July 21, 2026

    7th Circ. Told To Keep Judge's MAGA Firing Fight In Fed. Court

    A retired judge looking to hold the Illinois Supreme Court liable for canceling his temporary reinstatement over a pro-MAGA opinion column told the Seventh Circuit Monday that his case belongs in federal court, saying he has no unbiased state court forum because his claims "would inevitably reach defendants themselves."

  • July 21, 2026

    7th Circ. Backs UChicago, TIAA In Spousal Pension Fight

    The Seventh Circuit backed a Wisconsin federal court's decision to hand the University of Chicago and its pension plan manager TIAA an early win in a dispute over a deceased worker's spousal pension benefits, and declined to certify a question about power of attorney authority to the Wisconsin Supreme Court.

  • July 21, 2026

    Full Fed. Circ. Won't Review Apple's ITC Loss Against Masimo

    The full slate of Federal Circuit judges will not reconsider a panel's determination that Apple has infringed Masimo Corp.'s blood oxygen monitor patents in a high-profile case that led to some Apple Watch imports being banned.

  • July 21, 2026

    DC Circ. Backs Nuclear Plant Enviro Review Rules

    The D.C. Circuit on Tuesday upheld the U.S. Nuclear Regulatory Commission's updated rules for renewing nuclear power plant licenses, rejecting arguments from antinuclear groups that the rules don't adequately account for climate change risks.

  • July 21, 2026

    2nd Circ. Won't Be Savior For 'Made In Heaven' Koons IP Case

    The Second Circuit on Tuesday declined to save a prop and set designer's suit accusing artist Jeff Koons of copyright infringement with his "Made in Heaven" series from the late 20th century, saying the prominence of the works should have gotten the designer's attention sooner.

  • July 21, 2026

    Ohio Can't Pause Halt Of Hemp Law During Appeal, Judge Says

    Ohio lost its bid Monday in federal court to be allowed to enforce a new law that reclassifies hemp products as marijuana, as a judge rejected the state's arguments that the hemp product manufacturers and sellers waited too long to file their lawsuit.

  • July 21, 2026

    Chamber Asks 2nd Circ. To Back Toss Of Pepsi Smoking Suit

    A New York federal judge rightly tossed allegations that Pepsi violated federal benefits law by making employees who smoke pay more for health insurance, the nation's largest business lobby argued in an amicus brief, urging the Second Circuit to affirm dismissal of the suit.

  • July 21, 2026

    Texas Appeals Court Revives Ex-CEO's Claims Against REIT

    A Texas appeals court on Tuesday revived claims brought by the former CEO of Houston-based Whitestone REIT accusing his ex-employer of ousting him without cause, saying that the REIT failed to show it should win as a matter of law.

Expert Analysis

  • Justices' Review Of Atty Fees Could Reshape Pipeline Takings

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    With the U.S. Supreme Court's decision to review Hoffmann v. WBI Energy Transmission, property owners' right to recover attorney fees for appropriations under the Natural Gas Act is at stake, potentially leading to a choice between a depressed land valuation or court costs that could exceed any rewards, says attorney Sophia Holley.

  • How 2nd Circ. Raised The Bar For Pleading Securities Fraud

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    In Huey v. Anavex, the Second Circuit recently appeared to increase the burden on securities fraud plaintiffs in pleading loss causation where no immediate share price decline follows the corrective disclosure, generating new questions that district courts must grapple with, say attorneys at Skadden.

  • Trade Secret Practice Tips From The 1st Half Of 2026

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    Intellectual property attorneys should consider what several significant developments in 2026 thus far mean for how they protect, litigate and value trade secrets, focusing on new state noncompete bans, cases scrutinizing how plaintiffs identify trade secrets and federal rulings on damages doctrines, say attorneys at Faegre Drinker.

  • Yellow Corp. WARN Act Appeal Refines Layoff Guidance

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    A Delaware federal court's recent upholding of a bankruptcy court's disallowance of unions' federal Worker Adjustment and Retraining Notification Act claims against Yellow underscores that fact-specific notices and thoughtful timing are essential for distressed companies implementing layoffs, say attorneys at King & Spalding.

  • High Court Rulings Could Alter Agency Strategy For Cos.

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    The U.S. Supreme Court's recent decisions in Trump v. Slaughter and Trump v. Cook mark major turning points in the law of independent agencies and in how regulated companies should think about federal enforcement, rulemaking and agency-facing strategy, say attorneys at Holtzman Vogel.

  • Opinion

    Justices' Parole Ruling Degrades Green Card Holders' Rights

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    The U.S. Supreme Court’s recent decision in Blanche v. Lau, holding that U.S. Customs and Border Protection officers can parole a returning lawful permanent resident without clear and convincing evidence of a crime, weakens the statutory and practical protections Congress intended, say attorneys at Cyrus D. Mehta & Partners.

  • 3rd Circ. ERISA Ruling Stresses Process Over Perfect Returns

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    The Third Circuit's recent decision in Quest Diagnostics affirms that a sound fiduciary process — not perfect investment returns — defeats Employee Retirement Income Security Act claims, signaling that courts will keep scrutinizing how fiduciaries decide, and sponsors who can show their work should remain protected, say attorneys at Nixon Peabody.

  • Fed. Circ. Licensing Rulings Shed Light On Patentee Standing

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    Two recent decisions from the Federal Circuit provide a useful framework for evaluating whether a patent license agreement preserves a sufficient exclusionary interest to support future patent infringement claims, say attorneys at Venable.

  • Asylum Ruling Signals Larger Separation Of Powers Battle

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    The U.S. Supreme Court’s recent decision in Mullin v. Al Otro Lado that border officials may turn away asylum-seekers without inspection is part of a broader conversation about the reach of institutional safeguards that subject governmental authority to legal constraint, says Dree Collopy at American University's Washington College of Law.

  • Solar's Momentum At Mid-2026 Will Help It Overcome Snags

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    The rapid expansion of U.S. solar development in the first half of 2026 is likely to continue its pace, even amid ongoing shifts in federal trade policy and supply chain regulations, obstacles to permitting reform, and an increasing divide between states enacting policies to encourage or stymie project development, say attorneys at Beveridge & Diamond.

  • How Justices Stayed Off The Geofence In Location Data Case

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    The U.S. Supreme Court's recent Chatrie v. United States decision reaffirms Fourth Amendment protections for location data but avoids more complicated questions about geofence warrants, say attorneys at Adams Duerk.

  • Remote Work Rulings Show ADA Fights Hinge On Process

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    Two opposite outcomes in recent Fifth Circuit and D.C. federal court cases underscore that the legality of denying employees' disability accommodation requests for remote work depends less on broad policy and more on how it's applied, says Paul Sweeney at Ice Miller.

  • Fed Autonomy Rests On Narrow Exception After Justices Rule

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    The U.S. Supreme Court’s recent decisions in Trump v. Cook and Trump v. Slaughter expand presidential removal power while temporarily preserving the Federal Reserve’s independence, but there is uncertainty about which of the Fed’s authorities fall within the court’s narrow monetary-policy exception, says Keith Bradley at Squire Patton.

  • Series

    Being A Magician Makes Me A Better Lawyer

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    The skills I've developed as a lifelong magician have translated directly into tangible benefits in the courtroom because performing magic and trying cases both live at the intersection of psychology, storytelling, timing and disciplined rehearsal, says Mark Dombroff at Fox Rothschild.

  • How Litigants Are Testing Conversion Therapy Ruling's Scope

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    Litigants are already using the U.S. Supreme Court’s recent Chiles v. Salazar ruling, which applied strict scrutiny to Colorado’s conversion therapy ban, to challenge laws limiting algorithmic rental pricing, artificial intelligence-based discrimination and anti-union employer speech, and courts must soon decide Chiles’ First Amendment limits, say attorneys at O'Melveny.

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