Appellate

  • October 08, 2026

    Coastal County Tells Texas Justices It's Free To Tax Stored Oil

    A Texas county's property tax on stored oil that companies said was bound for export doesn't violate the import-export clause of the U.S. Constitution, the county told the state's high court Thursday, saying a significant amount of oil remained in the state.

  • October 08, 2026

    Man Appeals $10M Tax Bill Over Unreported Company Income

    A man is appealing a U.S. Tax Court order that found he owes around $10.4 million in taxes and penalties for failing to report company funds he used for personal expenses such as luxury cars, according to a notice filed Thursday.

  • October 08, 2026

    7th Circ. Backs Ex-Chicago Atty's Tax Fraud Conviction

    The Seventh Circuit affirmed a man's two-and-a-half-year prison sentence for tax fraud, witness tampering and contempt Thursday, rejecting his argument that the government didn't present sufficient evidence to prove that he was guilty of filing false corporate and individual income tax returns.

  • October 08, 2026

    2nd Circ. Says Filed Rate Doctrine Bars Utility Bond Claims

    The Second Circuit has declined to revive a suit alleging Bloomberg LP reclassified certain utility company bonds to hike interest rates paid by electricity customers, finding that customers cannot challenge such rates because the utilities filed the interest rates with state regulators before issuing the bonds.

  • October 08, 2026

    DOT Tells 2nd Circ. Congestion Pricing Fight In Wrong Court

    The Trump administration doubled down on its efforts to eliminate New York's congestion pricing, telling the Second Circuit that the underlying contract dispute was heard in the wrong court and that it shouldn't be handcuffed to now-disfavored policies of earlier administrations anyway.

  • October 08, 2026

    11th Circ. Backs Home Insurer In Debris Feud Coverage Row

    A Georgia federal court had jurisdiction over a homeowners insurance coverage dispute when it determined that a Peach State couple wasn't entitled to coverage for a suit brought by their neighbors over debris left on a shared property line, the Eleventh Circuit ruled Thursday.

  • October 08, 2026

    Nikola's Pardoned Ex-CEO Seeks To Flip Ch. 11 Claim Ruling

    The former CEO of electric-truck maker Nikola has asked the Third Circuit to review a Delaware federal judge's decision that his nearly $70 million bankruptcy claim against his former company was properly subordinated in the debtor's Chapter 11, despite a pardon from President Donald Trump.

  • October 08, 2026

    11th Circ. Voids Fla. Septic Permit Ban Over New FWS Rule

    The Eleventh Circuit issued a win Thursday for Florida environmental regulators who had been ordered to temporarily stop issuing new septic tank permits over concerns for the well-being of manatees, saying the lower court relied on a federal rule that was no longer valid.

  • October 08, 2026

    Pa. Justices To Hear Philly's Suit Over Opioid-Spurred Crime

    The Pennsylvania Supreme Court has agreed to weigh in on whether the city of Philadelphia can sue CVS Pharmacy Inc. and other stores under state public nuisance laws for allegedly exacerbating the opioid epidemic with their prescription drug sales.

  • October 08, 2026

    New Fraud Division Flexes Might In Latest Enforcement Policy

    The National Fraud Enforcement Division's new corporate enforcement policy emphasizes the quick pursuit of certain types of fraud through data analysis and staff resources, expands the target list beyond traditional healthcare providers and highlights the division's growing dominance within the U.S. Department of Justice, experts say.

  • October 08, 2026

    Fla. Panel Reverses Atty Fees Award In Atty's POA Dispute

    A Florida appellate court has reversed an attorney fees award in a property purchase dispute involving a Florida attorney, a local property owners association and other parties.

  • October 08, 2026

    High Court Puts 4th Circ. Political Ad Rate Ruling On Ice

    The U.S. Supreme Court on Thursday stayed a Fourth Circuit ruling that directed the Federal Communications Commission to review an agency staff decision requiring broadcasters charge the lowest political ad rates for committees tied to candidates.

  • October 08, 2026

    Pa. Legislators Want More Time To Regulate 'Skill Games'

    Three Pennsylvania lawmakers and a coalition of "skill games" operators want the state Supreme Court to extend a deadline before police start seizing the game terminals, hoping to give the state Legislature more time to pass a law governing the games after the court found them to be illegal slot machines.

  • October 08, 2026

    Fed. Circ. Presses Inventor On SAWS Bias Challenge

    Federal Circuit judges appeared skeptical of an inventor's argument that the U.S. Patent and Trademark Office's controversial and now discontinued "sensitive" patent applications program derailed his application for a patent on a type of internal combustion engine in violation of his constitutional rights.

  • October 08, 2026

    2nd Circ. Spikes Yale Health Workers' Vax Mandate Challenge

    The Second Circuit shut down a suit Thursday from workers who claimed Yale New Haven Health violated their rights by subjecting them to a COVID-19 vaccine mandate, saying their constitutional claims were doomed by a lack of state involvement.

  • October 08, 2026

    US Drops Appeal Of $49M In Grants Won By Wind Farm

    The U.S. government dropped its Federal Circuit appeal of a lower court's approval of $49.4 million in additional renewable energy cash grants for the country's second-largest wind farm, ending a 13-year dispute over the grant amount.

  • October 07, 2026

    Uncertainty Surrounds Judge Newman's 11th Circ. Transfer

    Chief Justice John Roberts' order to transfer the Federal Circuit Judicial Council's disability investigation of a suspended 99-year-old judge to another court offers the neutral evaluation the judge has long been asking for, but attorneys are concerned about the transparency of the proceeding.

  • October 07, 2026

    9th Circ. OKs 90-Day Stay For Maker Of Eye Drops

    The Ninth Circuit isn't going to rehear its decision preserving a win in a case accusing the maker of Clear Eyes drops of illegal price discrimination in favor of Costco, but it will hold off on issuing the mandate while the eye drop maker appeals to the U.S. Supreme Court.

  • October 07, 2026

    1st Circ. Clearing Appeals Over Old FCC Jail Phone Cap Order

    The First Circuit is clearing up a tangle of appeals it has on its plate challenging the Federal Communications Commission's prison phone rate caps after the agency threw a wrench in the plan by updating those regulations post-oral argument.

  • October 07, 2026

    5th Circ. Ponders Stanford Scheme Receiver's $30M Fee Bid

    A Fifth Circuit judge on Wednesday questioned the rationale for restraining a portion of a receiver's fees, as the lawyer who clawed back $2.8 billion for victims of Robert Allen Stanford's multibillion-dollar Ponzi scheme argued he was entitled to $30 million.

  • October 07, 2026

    Eldercare Co.'s Wage Class Fight Bound For Wash. High Court

    Washington's highest court agreed Tuesday to take up whether an appellate panel rightly revived two workers' proposed wage-and-hour class action against an eldercare provider despite the plaintiffs' membership in a separate class action against the company that was previously settled.

  • October 07, 2026

    Ritz-Carlton Fights Condo $55M Property Tax Hike On Appeal

    A Colorado Court of Appeals panel Wednesday probed whether 54 condominium units at the Ritz-Carlton should be valued as whole fee-simple units, or at a lower valuation to accommodate the fractional-ownership model used at the Colorado mountain property.

  • October 07, 2026

    States Urge Justices To Fix Prediction Markets' Legal 'Chaos'

    A coalition of 39 states and the District of Columbia urged the U.S. Supreme Court on Wednesday to resolve a circuit split over the regulation of prediction markets like Kalshi, saying the industry's "aggressive theory of preemption" threatens states' sovereignty and ability to protect their residents. 

  • October 07, 2026

    Feds Back High Court Review Of Robinhood Disclosure Suit

    The Trump administration urged the U.S. Supreme Court Wednesday to take up Robinhood Markets Inc.'s bid to clarify securities issuers' liability for omitting material interim financial information from registration statements, saying the Ninth Circuit erroneously imposes liability by "collapsing" two elements of a misleading-omissions violation.

  • October 07, 2026

    Jets' Arbitration Bid In Firing Case Meets Skeptical Panel

    A New Jersey appellate court on Wednesday questioned the New York Jets' bid to limit a federal arbitration exemption to sexual harassment victims and reporters, probing whether the law might also protect an employee who claims she was fired because of harassment allegations involving others.

Expert Analysis

  • Patent Eligibility Bulletin: New USPTO Guidance And AI Risks

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    In the second quarter of 2026, the U.S. Patent and Trademark Office updated its subject matter eligibility declarations in line with its increasingly permissive patent eligibility stance, while the Federal Circuit rigorously applied the Alice framework in a decision that highlighted risks facing patent claims that utilize artificial intelligence and machine learning, say attorneys at Banner Witcoff.

  • State Of Insurance: Q2 Notes From Illinois

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    The second quarter of 2026 featured a trio of auto insurance opinions from Illinois' appellate courts, addressing a notice requirement, narrowing insurers' exposure for delayed payment of underinsured motorist claims, and creating a district split on coverage for employee-drivers under employers' policies, says Matthew Fortin at BatesCarey.

  • Why Courts Are Pushing Back On Greenwashing Laws

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    Recent Fourth Circuit and California federal court decisions blocking state greenwashing statutes on First Amendment grounds reveal a tension at the heart of environmental marketing regulation — while states want clarity, courts aren't prepared to let legislatures flatly ban categories of truthful commercial speech, say attorneys at DLA Piper.

  • 11th Circ. Opioid Appeal May Shift Public Nuisance Coverage

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    The Eleventh Circuit's recent ruling certifying to the Florida and Georgia Supreme Courts the question of whether insurers must provide coverage against suits claiming policyholders improperly distributed opioids may ultimately result in a counterbalance to the Delaware line of cases denying coverage for government opioid suits, say attorneys at Pillsbury.

  • Series

    Teaching SEC Investigations Makes Me A Better Lawyer

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    Instructing a law school course on U.S. Securities and Exchange Commission investigations has made me a more thoughtful, deliberate practitioner because it requires me to continually reassess and challenge what I know about securities law enforcement, how I know it and how best to explain it, says David Chase at Miami Law.

  • Monsanto Ruling Bolsters Generic Drug Labeling Preemption

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    The U.S. Supreme Court's recent decision in Monsanto Co. v. Durnell concerns herbicide labeling regulated by the Federal Insecticide, Fungicide, and Rodenticide Act, but also carries weighty implications for preemption of state law labeling claims against drug manufacturers, say Terry Henry and Ann Querns at Blank Rome and Melanie Leney at Aurobindo Pharma.

  • Justices' Tax Sale Ruling Tees Up Auction Fairness Battles

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    The U.S. Supreme Court’s recent decision in Pung v. Isabella County, Michigan, that taxpayers are not entitled to fair market value of real property seized to satisfy a tax debt shifts attention to the fairness of state and local auction procedures, and whether taxpayers claiming surplus proceeds face unwarranted hurdles, say attorneys at Miller Canfield.

  • Why The 2nd Circ. Upheld Beneficial Ownership Blockers

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    The Second Circuit recently held that a properly drafted contractual blocker — which caps an investor's beneficial ownership below 10% and automatically voids any transaction that would breach the cap — shields the investor from Section 16(b) liability, demonstrating that blockers have teeth, say attorneys at Sheppard.

  • Patent Eligibility Reforms Keep Chasing The Wrong Fixes

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    Repeated efforts to create a consistent, predictable patent eligibility standard under Section 101 have centered on replacing judge-made exceptions with new statutory language, but the better fix is to align examination standards with how courts actually apply eligibility doctrine, says former Patent Trial and Appeal Board judge Amee Shah.

  • Opinion

    Qualified Immunity Bill's Reach Goes Beyond Federal Officers

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    The federal Qualified Immunity Abolition Act, introduced earlier this year and described by the bill sponsors as a federal-officer measure, would in actuality reach the entire universe of Section 1983 defendants, a distinction that matters as much to defense counsel as to plaintiffs, says attorney V. James DeSimone.

  • Where The Justices Aligned In Appellate Authority Ruling

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    The real story of the U.S. Supreme Court’s recent ruling in T.M. v. University of Maryland Medical System Corp., finding that a doctrine designed to curtail duplicative litigation prevents federal district courts from reviewing state court decisions, is in how the justices together revisited an obscure, century-old jurisdictional doctrine, says Alex Dimitrief at Zeughauser Group.

  • How High Court Pepsi Case Could Brew TM Strategy Shift

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    The U.S. Supreme Court's forthcoming decision in RiseandShine v. PepsiCo will determine whether a judge or jury decides trademark strength in infringement disputes, which could meaningfully change early-stage motion practice, discovery and what evidence is needed to prove a mark is strong, says Rachel Scobie at Merchant & Gould.

  • State Of Insurance: Q2 Notes From Pennsylvania

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    Todd Leon at Marshall Dennehey highlights notable second-quarter insurance developments in Pennsylvania, including federal court opinions providing guidance on first-party and third-party insurance coverage principles, and a pending bill seeking to regulate health insurers' use of artificial intelligence.

  • High Court, SEC Proposals Set Stage For Further Fund Reform

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    The U.S. Supreme Court's recent decision in FS Credit Opportunities v. Saba Capital Master Fund and the U.S. Securities and Exchange Commission's proposed rulemaking packages aimed at public market reforms provide a constructive backdrop for considering additional innovations to the listed fund structure, say attorneys at Debevoise.

  • Series

    Judges On AI: Examining Administrative, Organizational Uses

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    U.S. District Judge Alan Albright of the Western District of Texas examines how artificial intelligence could transform a court's ability to deal with administrative work and organize materials when preparing for hearings or drafting opinions, thereby affording judges more time to resolve contested issues.

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