Appellate

  • August 31, 2026

    Jones Day Vet Returns After 'Intense' Run In High DOJ Post

    An appellate attorney who fought some of the second Trump administration's biggest legal battles — involving immigration, the environment, spending conditions and more — is rejoining Jones Day after more than a year in the U.S. Department of Justice's top ranks, the firm announced Monday.

  • August 31, 2026

    How Did Litigants Fare In Judge Albright's 55 Patent Trials?

    U.S. District Judge Alan Albright oversaw more than 50 patent trials between his 2018 arrival on the bench and planned Monday departure, and in a surprise for many attorneys, there was a near-even split between victories for patent owners and accused infringers.

  • August 31, 2026

    Mich. Court Upholds 2 Probate Ballot Decisions

    A Michigan state appeals court on Friday issued rulings in two disputes over the November ballot for the Wayne County Probate Court, allowing Vanessa Moss to remain on the ballot while affirming the exclusion of Susan L. Hubbard, in separate challenges over campaign finance filings and nominating petition signatures. 

  • August 31, 2026

    5th Circ. Hints At Dismissal Of Abortion Travel Assistance Suit

    A Fifth Circuit panel seemed hesitant of a bid by abortion-rights nonprofits to revive their lawsuit challenging Texas laws enacted before Roe v. Wade was overturned that made it a felony to aid a woman seeking an abortion out of state, saying Fifth Circuit precedent already undid the laws.

  • August 31, 2026

    6th Circ. Says Binoculars Justified Search Of Suspect's Truck

    A Sixth Circuit panel has ruled a man accused of stalking his estranged wife in Tennessee cannot suppress guns and other evidence found in his truck, saying binoculars left in plain view on his center console gave officers reason to search the vehicle without a warrant.

  • August 31, 2026

    Fed. Circ. Upholds Block On MSN Cancer Drug In Exelixis Win

    The Federal Circuit on Monday rejected MSN Laboratories' argument that three Exelixis patents on the blockbuster cancer drug Cabometyx are invalid, while dismissing as moot an appeal on a fourth patent, a ruling Exelixis said will block MSN's generic version until 2030.

  • August 31, 2026

    Ill. Panel Says E-Monitoring Law Doesn't Bar Pretrial Release

    An Illinois state appeals court has vacated a trial court's decision to keep a teenage murder defendant incarcerated before trial, saying a state law forbidding electronic home monitoring for people convicted of serious crimes does not apply to those released on bond pending trial.

  • August 31, 2026

    Conn. Justices Order Murder Retrial Over 'Misleading' Deal

    The Connecticut Supreme Court on Monday ordered the retrial of a man convicted for allegedly orchestrating the murder of a woman pregnant with his child, finding a prosecutor failed to correct misleading testimony that a key cooperating witness had no "deal" with the government.

  • August 31, 2026

    Senators Say Roblox, Discord Can't Arbitrate Sex Abuse Suit

    Sens. Dick Durbin, Richard Blumenthal and Kirsten Gillibrand are urging a California state appeals court to reject Discord Inc. and Roblox Corp.'s bid to compel arbitration in a suit from a teenager alleging he was groomed and abused on the platforms.

  • August 31, 2026

    DC Circ. Sides With FERC On Pipeline Project Approval

    The Federal Energy Regulatory Commission made no mistake when it greenlit a project to improve the East Tennessee Natural Gas pipeline and to allow the energy company to push the cost of those improvements along to customers, the D.C. Circuit has ruled.

  • August 31, 2026

    5th Circ. Judges Cast Doubt On Fight Over La. LNG Permit

    A Fifth Circuit panel on Monday expressed skepticism that environmental groups had standing to challenge Louisiana's approval of a preconstruction permit for a major liquefied natural gas export terminal in Cameron Parish.

  • August 31, 2026

    States Ask Fed. Circ. To Revive Their Temporary Tariff Claims

    Two dozen states pushed the Federal Circuit on Monday to revive their specific claims against now-expired temporary tariffs while simultaneously pushing the panel to otherwise back the U.S. Court of International Trade's ruling that the tariffs were illegal.

  • August 31, 2026

    9th Circ. Revives Salvadoran's Bid For Torture Protection

    The Ninth Circuit has faulted the Board of Immigration Appeals for creating a "quantitative evidence" requirement in assessing a Salvadoran's bid under the Convention Against Torture to avoid deportation to El Salvador, saying that no such requirement exists.

  • August 31, 2026

    Paul Mitchell Urges 9th Circ. To Untangle False Ad Class

    Paul Mitchell urged the Ninth Circuit Monday to decertify a class of customers alleging the company deceptively concealed its animal testing in China while touting its U.S. haircare products as cruelty-free, arguing there's no evidence that all class members saw and relied on its cruelty-free labels before their purchases.

  • August 31, 2026

    3rd Circ. OKs Ex-Biofuel Execs' Fraud Subsidy Convictions

    The Third Circuit upheld two former biofuels executives' fraud convictions tied to IRS and EPA fuel subsidies, denying them a retrial based on claims that a Pennsylvania lower court improperly refused to provide jurors more information on the agencies' regulations.

  • August 31, 2026

    11th Circ. Upholds $800K Award In Venezuelan Takeover Suit

    The Eleventh Circuit on Monday upheld an $800,000 jury verdict that found two former Miami bank directors accused of working for the Venezuelan government were liable for the bank's financial difficulties.

  • August 31, 2026

    Ramey Wants Full Fed. Circ. To Reconsider $207K Sanctions

    William Ramey of Ramey LLP has urged the full Federal Circuit to review his liability for more than $207,000 in sanctions in a client's patent infringement suit against Volkswagen, arguing that his notices of appeal were faulty but still adequately identified him as a party.

  • August 31, 2026

    Investors Can't Escape Danish Tax Fraud Case, 2nd Circ. Says

    Four investors and their pension plans owe $476 million for their role in a tax fraud scheme against the Danish government, the Second Circuit affirmed Monday, rejecting the investors' contention that they are beyond the reach of Danish revenue collectors.

  • August 31, 2026

    GOP Asks Justices To Lift Block In Campaign Ad Pricing Case

    Republican fundraising committees have asked the U.S. Supreme Court to lift a Fourth Circuit order blocking the Federal Communications Commission from extending discounted television and radio advertising rates to committees that buy spots in coordination with political candidates, arguing the lower court prematurely jumped into the review process.

  • August 31, 2026

    Kioxia Seeks To Undo 'Tainted' $229M Viasat IP Verdict

    Kioxia Corp. urged a Texas federal court Friday to throw out a $229 million patent verdict for Viasat Inc. and order a new trial or grant it a win, arguing that "numerous errors tainted the jury's award."

  • August 31, 2026

    Fed. Circ. Affirms Samsung Didn't Infringe Mobile Tech Patent

    The Federal Circuit on Monday upheld a lower court's decision to deny a new trial in a case accusing Samsung of infringing a mobile device technology patent, saying Samsung had shown "ample" evidence cutting against infringement.

  • August 31, 2026

    High Court Allows Trump To Continue Ballroom Construction

    A split U.S. Supreme Court ruled Monday that President Donald Trump can continue construction of a new White House ballroom while litigation over the project's legality continues. 

  • August 31, 2026

    Erie Bus Dispatchers Aren't Union-Exempt Supervisors

    Seven dispatchers at the Metropolitan Transit Authority for Erie, Pennsylvania, are not "supervisors" exempt from membership in the authority's labor union, since their roles in scheduling overtime or reporting rule infractions were constrained by their contract and only occasionally crossed the line into supervision, the Pennsylvania Commonwealth Court ruled Monday.

  • August 31, 2026

    General Dynamics Beats Widow's Workers' Comp Bid

    A Connecticut appeals court upheld the denial of a widow's claim for workers' compensation after her husband had a cardiac event she said was caused by work stress at General Dynamics, ruling an administrative law judge was fair to attribute his death to his pre-existing heart disease.

  • August 31, 2026

    Washington Litigation Group Makes Another High-Profile Hire

    Washington Litigation Group, a D.C.-based boutique firm that says it aims to protect the rule of law, announced another high-profile hire on Monday, bringing on an attorney who argued Trump v. Slaughter, the U.S. Supreme Court case that addressed the constitutionality of independent agencies.

Expert Analysis

  • Fed. Circ. Rulings Emphasize Adjudicative Access And Review

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    Decisions from the Federal Circuit's 2026 docket indicate that the court is increasingly paying attention to whether tribunals possess authority to act, meaning practitioners will need to properly address procedural hurdles before they can argue the merits of a case, say attorneys at Reichman Jorgensen.

  • Amazon v. Perplexity Ruling Limits CFAA Reach Over AI Tools

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    The Ninth Circuit's recent decision in Amazon v. Perplexity provides important early guidance on how the Computer Fraud and Abuse Act applies to agentic artificial intelligence, and is the latest in a line of rulings in which courts have declined to stretch existing statutes to broadly regulate AI, say attorneys at Ropes & Gray.

  • Managing OSHA Mental Illness Logs After 5th Circ. Vacatur

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    Employers with facilities in multiple states need to carefully weigh their recordkeeping procedures following the Fifth Circuit’s recent decision that the Occupational Safety and Health Administration cannot require employers to log work-related mental illness, as inconsistent logs across facilities may raise other issues, say attorneys at Haynes Boone.

  • Expect More Probes After 3rd Circ. Algorithmic Pricing Ruling

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    The Third Circuit's recent decision in Cornish-Adebiyi v. Caesars Entertainment, allowing algorithmic price-fixing claims to proceed past motions to dismiss, may serve as a road map for how to contend with increased litigation risk in this developing area of antitrust law, say attorneys at BakerHostetler.

  • Series

    Being In A Band Made Me A Better Lawyer

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    Playing shows in storied New York City venues and rehearsing with my bandmates in poorly ventilated rooms helped develop the professional qualities I rely on as a litigator, including an ability to collaborate with strong-minded equals and the determination to treat each client with singular focus, says Eliad Shapiro at Herrick Feinstein.

  • Notable Q2 Updates In Insurance Class Actions

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    After 2026's second quarter, there is more authority rejecting class certification on total loss valuation theories from courts at the federal circuit, federal district and state appellate level — along with a resolution of a novel issue of depreciation on a wildfire claim, says Kevin Zimmerman at BakerHostetler.

  • 10th Circ. Ruling Undermines False Ad 'Two Clicks' Rule

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    The Tenth Circuit’s recent ruling in KetoNatural Pet Foods v. Hill's Pet Nutrition substantially challenges a long-standing assumption that a company can avoid responsibility for promotional claims simply because the consumer encountered them by clicking a hyperlink to a third-party website, say attorneys at Venable.

  • How Drug Trial Prediction Markets Pose Insider Trading Risks

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    Multiple prediction market platforms have recently announced plans to offer event contracts related to clinical trial outcomes and regulatory decisions, creating new insider trading risks by expanding the group of people possessing related material nonpublic information far beyond traditional corporate insiders, say attorneys at King & Spalding.

  • Mich. Ruling Gives Consumer Protection Law Its Teeth Back

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    The Michigan Supreme Court's recent decision in Attorney General v. Eli Lilly, overruling key holdings in two earlier cases, means that Michigan businesses can no longer defeat allegations of deceptive conduct under the state's consumer protection law simply by pointing to any governmental regulation of the business, say attorneys at DiCello Levitt.

  • Series

    Law School's Missed Lessons: Surviving A Long Trial

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    Most of law school trial advocacy is geared toward the sprint of trying a short case, but beyond managing a cross-examination or closing argument, effectively handling the marathon of a lengthy trial requires the ability to maintain composure, organization and credibility with the jury, says Mihir Elchuri at Hirschler.

  • A Deepening Patent-Trademark Divide Over Irreparable Harm

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    Recent Federal Circuit decisions, along with legislation being considered in Congress, may exacerbate the differences that patent owners and trademark owners face when seeking to stop infringement before irreparable harm is caused, say attorneys at BakerHostetler.

  • 7th Circ. Ruling May Reduce Litigation Risk For Text Marketers

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    The recent Seventh Circuit holding in Steidinger v. Blackstone Medical Services that unwanted marketing text messages are not telephone calls under the Telephone Consumer Protection Act may strengthen companies' responses to presuit demand letters and early-stage litigation claims premised on do-not-call text theories, say attorneys at Holland & Knight.

  • How Calif. Ruling Defines Drug Cos.' R&D Responsibilities

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    The California Supreme Court's recent ruling in the Gilead Tenofovir Cases, which held that drugmakers have no duty to bring allegedly safer alternatives to market more quickly, is a win for pharmaceutical companies — but not a grant of blanket immunity for all early-stage drug development decisions, say attorneys at King & Spalding.

  • Whiskey Business: Parsing The 9th Circ. Jack Daniel's IP Toss

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    The Ninth Circuit's recent ruling in VIP Products v. Jack Daniel's, holding a toy did not tarnish the whiskey maker's trademarks, gives fact-finders great latitude by showing that there may exist no categories of per se tarnishing content, says attorney Sara Gold.

  • Calif. Justices' Ruling Reshapes Midcase Appeal Strategy

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    The California Supreme Court's recent decision in Maniago v. Desert Cardiology Consultants holds that voluntary dismissal cannot be used as a shortcut to appellate review of interlocutory orders, resolving a long-running appellate split and pushing litigants to use alternative procedural tools, says Josh Patashnik at Ashurst Perkins Coie.

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