Appellate

  • 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.

  • July 21, 2026

    DC Circ. Sides With FCC In Spectrum Revamp Row

    The D.C. Circuit on Tuesday rejected challenges to the Federal Communications Commission's overhaul of the 4.9 gigahertz public safety band, ruling that the Spectrum Act gave AT&T partner FirstNet broad authority to build its network without confining it to just one band.

  • July 21, 2026

    Mullen Fights To Keep Patent Suit Against Samsung Alive

    Mullen on Tuesday opposed a magistrate judge's recommendation that the court find invalid its patents covering location-based services on mobile devices asserted against Samsung, saying it is at odds with a recent Federal Circuit decision.

  • July 21, 2026

    Class Cert. In Avandia MDL Undone For Lacking Stats

    The Third Circuit undid class certification for a group of health plans claiming GlaxoSmithKline deceptively marketed its diabetes drug Avandia, with a panel majority ruling Tuesday the plans needed stronger statistical analysis to show links between the marketing, the revelation of side effects and a drop in sales.

  • July 21, 2026

    10th Circ. Backs Kan. Library's Ban On Protest Signs Inside

    A Kansas public library can prohibit protesting and the display of signs inside its property, the Tenth Circuit held Tuesday in finding the library's policies prohibiting disruptive behavior did not violate the First Amendment.

  • July 21, 2026

    Invisalign Maker Align Keeps PTAB Wins At Fed. Circ.

    The Patent Trial and Appeal Board properly invalidated claims in two Dental Monitoring SAS orthodontia patents, the Federal Circuit affirmed Tuesday.

  • July 21, 2026

    Mich. Panel Revives Health Providers' No-Fault Coverage Suit

    A Michigan state appeals court revived a suit brought by medical providers seeking to recover no-fault benefits for treatments they provided to a woman injured in a crash, saying a trial judge failed to consider lesser sanctions for a discovery violation before barring key witnesses and effectively ending the case.

  • July 21, 2026

    Peter Navarro Loses DC Circ. Appeal Of Contempt Conviction

    The D.C. Circuit Tuesday upheld Trump White House adviser Peter Navarro's contempt of Congress conviction, saying President Donald Trump never invoked executive privilege to allow Navarro to flout congressional subpoenas concerning the Jan. 6, 2021, attack on the U.S. Capitol.

  • July 21, 2026

    High Court Ruling Doesn't Impact Pipeline Fight, 9th Circ. Told

    California and environmental groups have told the Ninth Circuit that a recent U.S. Supreme Court decision clarifying federal arbitration jurisdictional lines has no bearing on their lawsuit challenging the Trump administration's assertion of jurisdiction over an in-state oil pipeline system.

  • July 21, 2026

    Arbitration Valid In Tax Privacy Suit, H&R Block Tells 9th Circ.

    A California federal judge wrongly denied H&R Block's bid to make two filers arbitrate allegations that it unlawfully shared private data with Meta and Google, the tax preparation company told the Ninth Circuit, disputing the district court's finding that an underlying arbitration agreement is too unfair.

  • July 21, 2026

    DC Circ. Revives Challenge To EPA's $3B Grant Cut

    The D.C. Circuit on Tuesday revived a lawsuit challenging the U.S. Environmental Protection Agency's termination of nearly $3 billion in environmental justice grants, saying a district court had neglected a key jurisdictional question when it dismissed the suit.

Expert Analysis

  • 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.

  • How Justices' TPS Ruling Affects Workforce Planning

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    The U.S. Supreme Court’s recent holding in Mullin v. Doe that courts lack jurisdiction to review temporary protected status determinations greenlights the end of TPS for thousands of Syrian and Haitian nationals, and means employers must reevaluate TPS-designees' employability while avoiding discriminatory document practices, says attorney Richard Herman.

  • How Pfizer Won Fed. Circ. Patent Dispute By 1 Carbon Atom

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    The Federal Circuit's recent refusal to revive a patent in Enanta Pharmaceuticals v. Pfizer over an alleged typo creating a one-atom difference in a COVID-19 treatment application hands defendants a template for potentially converting a triable fact question into an early dispositive ruling, say attorneys at Polsinelli.

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