Appellate

  • 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.

  • July 21, 2026

    DC Circ. Backs FAA In Conn. Airport Fight After Seven County

    The D.C. Circuit ruled Tuesday that the Federal Aviation Administration sufficiently analyzed the environmental impacts of a regional Connecticut airport expansion project, saying the U.S. Supreme Court's Seven County ruling made clear that courts cannot override agencies' reasonable National Environmental Policy Act judgments or explanations.

  • July 21, 2026

    NJ High Court Affirms No Arbitration For PIP Fraud Suits

    The New Jersey Supreme Court on Tuesday affirmed that insurance fraud and racketeering claims can't be forced into the state's personal injury protection arbitration system, finding the process too narrow for complex fraud litigation.

  • July 21, 2026

    Canon Notches Another Fed. Circ. Win In Inkjet Patent Fight

    The Federal Circuit on Tuesday declined to reboot claims in a Slingshot Printing patent covering a printhead for an inkjet printer challenged by Canon at the Patent Trial and Appeal Board, less than a week after the appeals court backed decisions invalidating claims in three similar patents.

  • July 21, 2026

    High Court To Hear Alaskan Pilot Plane Forfeiture Case

    The U.S. Supreme Court has agreed to review a case in which the Alaska Supreme Court held that a pilot must forfeit his $95,000 plane to the state for transporting a six-pack of beer in a dry village.

  • July 21, 2026

    Fed. Circ. Restarts Treadmill Patent Infringement Case

    The Federal Circuit on Tuesday revived a case in which treadmill maker Woodway USA Inc. sued exercise equipment company Lifecore Fitness Inc., saying Lifecore was granted a win based on an overly narrow claim construction.

  • July 21, 2026

    Wyeth's Patent Loss Has Attys Focusing On Dosage

    The Federal Circuit's holding that a Pfizer unit's cancer treatment patents are invalid highlights the risk of including dosages in patents without sufficient proof that those dosages work, attorneys say.

Expert Analysis

  • Justices' Montgomery Ruling Doesn't Expand Shipper Liability

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    Whether negligent hiring liability claims against shippers will increase after the U.S. Supreme Court's decision last month in Montgomery v. Caribe Transport II is anyone's guess, but the ruling itself will have no impact on shippers' actual liability in personal injury claims relating to trucking accidents, says Ronald Leibman at McCarter & English.

  • GHG Rescission Undermines State Climate Suit Preemption

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    As the U.S. Supreme Court considers the fate of state climate litigation in Suncor Energy Inc. v. Boulder County, it must confront the fact that the U.S. Environmental Protection Agency's rescission of its greenhouse gas endangerment finding has also removed the foundation for federal preemption of state climate suits, says attorney Gregg Goldfarb.

  • 3rd Circ. Decision Sheds Light On BIPA Bank Exemption

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    The Third Circuit's recent decision in McGoveran v. Amazon illuminates how courts are extending the Illinois Biometric Information Privacy Act's financial institution carveout beyond banks and insurers to technology vendors and other businesses handling biometric data, a defendant-friendly shift that still casts uncertainty around BIPA's enforcement, say attorneys at Dorsey & Whitney.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • Series

    Moshing Makes Me A Better Lawyer

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    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • High Court Ruling Casts Doubt On Status-Based Gun Bans

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    The U.S. Supreme Court’s recent ruling in U.S. v. Hemani demonstrates that the justices are increasingly skeptical of broad theories of categorical disarmament and clarifies that dangerousness cannot simply be presumed from one's status or membership in a statutory category, such as illegal drug use, says Lee Francis at Widener Law.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

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    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • Steps For Employers After 7th Circ. BIPA Retroactivity Ruling

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    The Seventh Circuit's recent ruling in Clay v. Union Pacific sharply limits per-scan statutory damages theories in pending Biometric Information Privacy Act cases by retroactively applying a 2024 amendment, but employers should not mistake the holding for a broad safe harbor, say attorneys at Thompson Coburn.

  • How NEPA Review Has Changed Since Seven County

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    A year after the U.S. Supreme Court's decision in Seven County Infrastructure Coalition v. Eagle County instituted major changes to judicial review under the National Environmental Policy Act, courts are effectively applying the decision, but where things go from here may be up to agencies and project proponents, say attorneys at Venable.

  • A Midyear Look At Antiterrorism Act Jurisprudence And Policy

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    Plaintiffs have filed comparably fewer new actions under the Antiterrorism Act this year, though a handful of key decisions further defined the statute’s aiding-and-abetting standard and highlighted continuing risks for financial services companies, say attorneys at Skadden.

  • Justices' ICA Ruling Provides Certainty For Regulated Funds

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    The U.S. Supreme Court's recent ruling in FS Credit v. Saba that a contract-rescission provision of the Investment Company Act does not provide investors with a private right of action is a victory for the regulated fund industry, emphasizing that where Congress intended to create private remedies, it did so expressly, say attorneys at Simpson Thacher.

  • Justices' Obstruction Ruling Clears Venue-Challenge Path

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    While the U.S. Supreme Court’s recent ruling in Abouammo v. U.S. poses venue challenges for federal obstruction of justice prosecutions, it is a gift for defense counsel because it offers a clean, constitutional basis to challenge venue where a place of falsification and a place of investigation diverge, says Liz Aloi at MoFo.

  • Drawing A Line Between Settlement Pressure And Extortion

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    U.S. v. Luo, pending in the U.S. District Court for the Southern District of New York, may force courts to address anew when settlement negotiations become criminal extortion, particularly in the age of easily fabricated digital evidence, says attorney Denis Kiely.

  • Recent Cases Clarify When Risk Disclosures Trigger Liability

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    Several recent decisions highlight circumstances where risk disclosures can constitute actionable misrepresentations, providing clarity on how the Private Securities Litigation Reform Act's safe harbor and the common-law bespeaks caution doctrine apply to risk disclosures, and how publicly traded companies can guard against such claims, say attorneys at Katten.

  • Securities Class Cert., 5 Years After Goldman Ruling

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    The U.S. Supreme Court's 2021 decision in Goldman Sachs Group v. Arkansas Teacher Retirement System has not only armed defendants in securities cases with more arguments in individual class certification fights, but may also be providing greater certainty and finality in class certification battles, say attorneys at Skadden.

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