Appellate

  • 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.

  • July 16, 2026

    8th Circ. Rejects Rehearing Bid Over Spotty Murder Video

    The Eighth Circuit won't rethink an order that upheld the sentences of a mother and son convicted of the murder of a man on the Cheyenne River Sioux Indian Reservation, after the pair argued that footage of the incident shouldn't have been admitted because of gaps in the recording.

  • July 16, 2026

    Blue-Slip-Backed Trump Judge Selections Advance

    The first two judicial nominations of the second Trump administration to receive supportive blue slips from Democratic senators advanced to the Senate floor Thursday.

  • July 16, 2026

    Nonprofits Back Ex-Defender's High Court Sex Bias Petition

    The Georgia Association for Women Lawyers and the Legal Accountability Project have asked the U.S. Supreme Court for permission to file an amicus curiae brief in support of Caryn Devins Strickland and her effort to get the high court to review her sex harassment case against the judiciary.

  • July 16, 2026

    Fed. Circ. Backs Canon PTAB Wins Over Inkjet Sensor Patents

    The Federal Circuit on Thursday upheld the Patent Trial and Appeal Board's decisions to invalidate all claims Canon had challenged in three Slingshot Printing patents covering chips and temperature sensors in inkjet printers.

  • July 16, 2026

    Immigration Board Clarifies Burden To Argue Bad Counsel

    The Board of Immigration Appeals has clarified the requirements to reopen removal proceedings due to ineffective counsel, saying a copy of a bar complaint and proof of its filing are needed, or an explanation as to why one wasn't filed.

  • July 16, 2026

    Aramark Asks Full 5th Circ. To Nix Aetna ERISA Arbitration Bid

    Food services company Aramark urged the full Fifth Circuit to deny Aetna's request to arbitrate allegations that it cost Aramark millions by bungling health benefits claims, arguing that the insurer is attempting to twist U.S. Supreme Court precedent to kick the case out of court.

  • July 16, 2026

    3 Sitting Judges Eye Montoya-Lewis' Wash. High Court Spot

    Since Washington Supreme Court Justice Raquel Montoya-Lewis announced in January she wouldn't seek a second term on the high court, three sitting judges have entered the race for her open seat: a Seattle state trial court judge, a member of Washington's Court of Appeals and a superior court judge in rural Mason County.

  • July 15, 2026

    Circuit-By-Circuit Guide To The US Supreme Court's Term

    Federal appeals courts had wide-ranging successes and struggles during the U.S. Supreme Court's recently completed term: One had its best showing in years following its worst showing in years; one felt déjà vu after recently starting to find favor with the justices; and one saw its reputation for independence occupy a rare role in the Supreme Court spotlight.

  • July 15, 2026

    Intel, Google Fight 'Free Rein' Given To USPTO Head

    Intel and Google have asked the U.S. Supreme Court to vacate a Federal Circuit ruling upholding the U.S. Patent and Trademark Office's precedent allowing Patent Trial and Appeal Board petitions to be denied based on related litigation, saying the ruling essentially gives the patent office director "free rein."

  • July 15, 2026

    Oil Giants Can't Move Chicago's Climate Suit, 7th Circ. Says

    The Seventh Circuit on Wednesday kept the city of Chicago's climate deception suit against BP, Shell and other oil giants in Illinois state court, saying the oil companies could not lean on their fuel production for the federal government to remove the case to federal court.

  • July 15, 2026

    Texas Appeals Court Flips $9M Misrepresentation Verdict

    A Texas appellate court reversed a $9 million verdict awarded to an energy engineering and construction company, saying the construction company failed to show economic harm beyond the loss of a contractual benefit and therefore its negligent misrepresentation claim was barred.

  • July 15, 2026

    Mich. Panel Backs No-Contact Order, Sets Constitutional Test

    A woman convicted of methamphetamine possession lost her appeal of a probation condition restricting contact with her husband after a Michigan appellate panel ruled the limitation was justified by her rehabilitation, while also establishing a new legal standard for reviewing probation conditions that affect constitutional rights. 

  • July 15, 2026

    NC's WakeMed Hit With $18.2M Verdict Over Birth Injury Claim

    A North Carolina hospital system was hit with an $18.2 million jury verdict over claims its doctor botched a delivery, causing a newborn to lose all ability to use his left arm for life.

  • July 15, 2026

    Acorda Can't Add $66M To Award In Ampyra Royalty Fight

    The Second Circuit on Wednesday refused to alter an arbitral award issued to Acorda Therapeutics to include nearly $66 million beyond the $16.6 million it won in a multiple sclerosis drug dispute, saying the company "slept on its rights" and couldn't change the result now.

  • July 15, 2026

    DOJ Asks DC Circ. To Stay USDA Grant Revival Order

    The Trump administration is asking the D.C. Circuit to pause a district judge's injunction ordering the U.S. Department of Agriculture to reinstate more than $100 million in land access program grants aimed at assisting "underserved" farmers, arguing that the case belongs in the Court of Federal Claims.

  • July 15, 2026

    10th Circ. Judge Urges Inmate Sex Consent Precedent Review

    A federal appeals court judge in the Tenth Circuit said that underlying case law in the circuit surrounding sexual relationships between incarcerated people and their jailers should be revisited, and that the circuit should stop assuming these relationships can be consensual.

  • July 15, 2026

    Mich. Panel Says Missed Fee Doesn't Bar Jury Trial

    The Michigan Court of Appeals said in a published opinion that a trial court should not have denied a jury trial in a civil case where, two years into proceedings, it was discovered that the plaintiff never paid the fee required by Michigan statute to have a jury trial.

  • July 15, 2026

    4th Circ. Rejects Golden Corral's COVID-19 Coverage Do-Over

    The Fourth Circuit on Wednesday declined to walk back a North Carolina federal judge's five-year-old decision denying Golden Corral insurance coverage for pandemic-era business interruption losses, finding a belated state Supreme Court victory for policyholders in another case doesn't merit a redo.

  • July 15, 2026

    2nd Circ. Revives NY Provider's BCBS Underpayment Suit

    The Second Circuit on Wednesday revived a New York healthcare provider's suit accusing out-of-state Blue Cross Blue Shield licensees of underpaying insurance claims, saying the carriers' long-standing business relationship with a New York licensee to obtain preferential prices in the state supports jurisdiction there.

  • July 15, 2026

    9th Circ. Revives PPP Fraud Suit Against Calif. Mortgage Co.

    The Ninth Circuit Wednesday revived whistleblower entity Relator LLC's lawsuit accusing a California mortgage lender and its founder of making false statements in a federal loan application, saying in a published opinion that information backing Relator's allegations was not already publicly available so as to bar its claims.

  • July 15, 2026

    Trump Swiftly Fires Court-Appointed Seattle US Atty

    Almost immediately after being sworn in as Seattle's new U.S. attorney Wednesday morning, former King County Superior Court judge and federal prosecutor Roger Rogoff was fired by President Donald Trump.

  • July 15, 2026

    CIT Judge Says Order Incoming For Next Tariff Refund Phase

    The U.S. Court of International Trade judge overseeing U.S. Customs and Border Protection's development of a duty refund system for tariffs struck down by the U.S. Supreme Court forecast new directions for the government as it prepares another phase of its tariff refund system, according to an order published Wednesday.

  • July 15, 2026

    Pa. Panel Backs Benefits For Giant Eagle Worker Hit By Car

    A Pittsburgh pharmacy technician can get workers' compensation after she was hit by a car during her 15-minute lunch break, since the break was limited enough to fall under the "personal comfort doctrine" in state law, a divided appellate court ruled Wednesday.

Expert Analysis

  • Series

    Cow Horse Makes Me A Better Lawyer

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    Moving an unwilling 800-pound cow while riding a horse at high speed is exhilarating, a little unhinged and, at least for me, a surprisingly effective training ground for litigation — both demand focus, preparation over rigid planning and the willingness to act despite fear, says Ashley Zitrin at Glenn Agre.

  • Fla. Driver Ruling Shows Renewed Focus On Privacy Standing

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    A Florida federal court's recent dismissal of a class action alleging that private driving records had been improperly used in violation of the Driver's Privacy Protection Act suggests that companies defending against privacy class actions in Florida may reconsider Article III challenges at the dismissal stage, say attorneys at Sidley.

  • Vax Ruling Offers Employer Tips For Handling Political Speech

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    A California appeals court's recent decision in Rademacher v. ABC, rejecting a "General Hospital" actor's suit alleging he was terminated for opposing a vaccine policy, demonstrates the importance of the employer's process, including neutral policies, documentation, and evidence of who knew what and when, say attorneys at Krevolin Horst.

  • O Brother, Where Art DAO? Jurisdiction Issues Abound

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    While there is a dearth of decisions examining a decentralized autonomous organization's citizenship for diversity jurisdiction purposes, Second Circuit case law has defined citizenship for other unincorporated entities, which may guide how courts evaluate an increasing number of cases involving DAOs, says Michael Mix at Morrison Cohen.

  • Protecting AI-Driven Innovation In Life Sciences IP

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    Recent developments, including the U.S. Patent and Trademark Office's evolving inventorship standards, and the impact of artificial intelligence on the "person of ordinary skill in the art" standard demand that life sciences companies elevate AI patent strategy to a top priority, says Sandra Haberny at Quinn Emanuel.

  • 2nd Circ. Ruling Notably Limits Sentencing Courts' Discretion

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    The Second Circuit’s recent decision in U.S. v. Dralle clarifies the bounds of sentencing courts’ ability to consider uncharged or co-defendant conduct without tying it to statutory sentencing factors, and it may have broader implications for limiting loss attribution in white collar and other criminal cases, say attorneys at Lowenstein Sandler.

  • High Court's Hikma Decision Reshapes 'Skinny Label' Suits

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    The U.S. Supreme Court's decision in Hikma v. Amarin marks a significant victory for generic drug manufacturers, but rather than putting an end to so-called skinny label inducement claims, it narrows and refocuses them, say attorneys at Sterne Kessler.

  • Opinion

    At High Court, Oil Cos.' Suncor Preemption Claims Fall Short

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    In Suncor Energy v. Boulder County, pending before the U.S. Supreme Court, oil and gas companies argue that municipalities' climate deception claims are equivalent to emissions standards for their industry — but the suit is ultimately incapable of imposing such standards, say Thomas McGarity at the University of Texas School of Law and James Goodwin at the Center for Progressive Reform.

  • 3 Disgorgement Questions Linger After Justices' SEC Ruling

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    While the U.S. Supreme Court’s recent decision in Sripetch v. U.S. Securities and Exchange Commission avoided placing new limits on the SEC’s disgorgement powers, it passed over several questions, including whether the commission can seek disgorgement when returning the money to investors isn't possible, says David Slovick at Kopecky Schumacher.

  • Checking For AI Errors Is Now A Two-Way Street

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    A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

  • Opinion

    Federal Circuit Should Implement Mini En Banc Process

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    To fulfill its mission of uniformity in patent law while avoiding the challenges of en banc hearings, the Federal Circuit should institute mini en bancs — allowing regular three-judge panels to exercise en banc powers unless a majority of the court says otherwise, says Joshua Sohn at the U.S. Department of Justice.

  • What's Next After Justices' Last-Mile Driver Arbitration Ruling

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    The U.S. Supreme Court's recent decision in Flowers Foods v. Brock, refusing to narrow the scope of a Federal Arbitration Act exemption for workers engaged in interstate commerce, gives previously unprotected workers access to litigation, but preserves two potentially powerful arguments for future proceedings, say attorneys at Husch Blackwell.

  • Series

    The Biz Court Digest: Shoring Up Corporate Law In Maryland

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    Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

  • How End Of SEC 'Gag Rule' Affects Free Speech Certiorari Bid

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    The Securities and Exchange Commission's recent rescission of the so-called gag rule, which forbade defendants in settlements from denying the SEC’s allegations, may sway the outcome of a petition to the Supreme Court in a case challenging the rule on First Amendment grounds, say attorneys at Troutman.

  • 2nd Circ.'s Embedded Video Ruling May Protect Publishers

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    The Second Circuit's recent decision in Richardson v. Townsquare, dismissing an infringement claim arising from an embedding of a YouTube-hosted interview, reaffirms a potent defense for publishers who regularly use social media platforms' embed functionality, says Amanda Harris at Jassy Vick.

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