Appellate

  • September 02, 2026

    Thomson Reuters Cyberattack Hits North American Courts

    A recent cyberattack on Thomson Reuters' court management software affected files associated with court systems in 11 states, the U.S. Virgin Islands and Canada, and may have exposed sealed documents and individuals' personal information, according to a Wednesday announcement from the technology and information services company.

  • September 02, 2026

    Fla. Appeals Court Cuts Murder Conviction To Manslaughter

    A Florida appeals court Wednesday reversed a man's conviction for second-degree murder, holding that his fatal shooting of his sister's boyfriend following a domestic incident was an "impulsive overreaction" and he should therefore be convicted of manslaughter instead.

  • September 02, 2026

    Fed. Circ. Won't Bring Back Pediatric Supplement Patent

    The Federal Circuit on Wednesday declined to revive a patent covering a pediatric vitamin D supplement after some claims were found to be unpatentable by the Patent Trial and Appeal Board, finding no abuse of discretion in the board's logic.

  • September 02, 2026

    Public Access Gets Win In Ex-Fla. GOP Chair's Records Case

    A Florida appellate court ruled Wednesday in favor of public access to investigative records involving the former chairman of the Sunshine State's Republican Party, finding that only legislators can create exemptions under the state's Public Records Act. 

  • September 02, 2026

    FCC Staff Are Making Big Decisions, But The Tactic Isn't New

    When an arm of the Federal Communications Commission that deals with broadcast competition waived one of the country's signature media ownership rules without a full FCC vote this year, it wasn't the first time agency staff had been entrusted with a major decision by the FCC's politically appointed chair.

  • September 02, 2026

    House Rejects Amendment To Fix Court At 9 Justices

    The House failed to pass a proposed constitutional amendment on Wednesday that would keep the number of U.S. Supreme Court justices at nine.

  • September 02, 2026

    Fla. Driver's Conviction Upheld Over 'Intentional' Gate Damage

    A rideshare driver who damaged a malfunctioning community gate could have stopped trying to force it open or called the police for help, a Florida state appeals court said Wednesday in upholding the driver's felony conviction for criminal mischief.

  • September 02, 2026

    3rd Circ. Says 2nd Circ. Case Is No Cause To Review Deportation

    The Third Circuit has upheld an immigration appeals board's denial of a noncitizen's latest challenge to his 2011 removal order following a drug conviction, finding a change in law from the Second Circuit doesn't warrant reopening or reconsidering his case.

  • September 02, 2026

    Fed. Circ. Backs Micron's PTAB Wins Over Netlist

    Micron took home a series of wins at the Federal Circuit on Wednesday in its multifaceted patent battle against Netlist, with the court upholding invalidations of five computer memory patents.

  • September 02, 2026

    2nd Circ. Says PBM Opioid Crisis Suits Belong In Fed. Court

    Local New York governments can't keep dozens of suits alleging two of the nation's largest pharmacy benefit managers contributed to the opioid epidemic in state court, a Second Circuit panel held Wednesday, finding the litigation alleges "indivisible" federal and non-federal conduct by the PBMs.

  • September 02, 2026

    Fla. Trump Resort Beats Suit Over Guest's Foot Amputation

    A Florida appeals court on Wednesday tossed a suit seeking to hold the Trump International Beach Resort liable for the amputation of a guest's foot after he walked on a hot pool deck, saying the hot surface was an open and obvious condition.

  • September 02, 2026

    10th Circ. Says Vape Shops Fumbled Utah Flavor Ban Appeal

    The Tenth Circuit dismissed an appeal brought by vape businesses challenging Utah's flavored e-cigarette ban, ruling that the companies picked the wrong order to bring to it on appeal.

  • September 02, 2026

    Casino Urges High Court To Stay Bargaining Order Mandate

    A Las Vegas casino asked the U.S. Supreme Court to halt a D.C. Circuit mandate enforcing a bargaining order issued by the National Labor Relations Board, claiming the mandate should be stayed pending the casino's petition for high court review of the circuit court's recent decision in the case.

  • September 02, 2026

    11th Circ. OKs Refusal Of $1.5M Offer To End $140M Tax Debt

    The Eleventh Circuit rebuffed a software company founder's $1.5 million offer to settle his $140 million tax debt from 1999, ruling Wednesday that the IRS properly rejected the lowball offer in a case tied to sham arrangements.

  • September 02, 2026

    11th Circ. Revives Some Of Pot Co.'s License Bias Claims

    The Eleventh Circuit revived Wednesday a cannabis company's suit against Georgia regulators over a denied production license, saying the company showed it suffered an injury from the state's "pay to play" system and had the right to bring a lawsuit despite cannabis being federally illegal.

  • September 02, 2026

    Contractor Seeks Redo After Fed. Circ. Vacates $12.7M Award

    A software developer has urged the en banc Federal Circuit to rethink a panel's decision vacating a $12.7 million award against the federal government over unauthorized copies of the company's software, saying the panel wrongly endorsed a hypothetical negotiation between the parties to calculate damages.

  • September 02, 2026

    8th Circ. OKs 15-Year Sentence For Facebook Body Part Seller

    The Eighth Circuit has ruled that an apprentice mortician sentenced to 15 years in prison for selling human remains on Facebook must stay in prison, because even though the punishment is an upward departure from sentencing guidelines, it is fair based on the nature of the crime.

  • September 02, 2026

    9th Circ. Denies Funko's Bid To Revisit Investor Dispute

    The Ninth Circuit said Wednesday it would not reconsider its decision to revive a proposed class action accusing Funko Inc. of failing to warn investors about tens of millions of dollars' worth of excess toys the company eventually wrote off.

  • September 02, 2026

    DOJ Says Trump's Jan. 6 Speech Was An Official Act

    The U.S. Department of Justice argued Tuesday that President Donald Trump was carrying out one of his office's "most important functions" when he urged protesters to head to the Capitol on Jan. 6, 2021, and "fight like hell," so the D.C. Circuit should deem his speech official conduct.

  • September 02, 2026

    Ga. Panel Weighs Bid To Toss Blood Evidence In Crash Case

    The Georgia Court of Appeals on Wednesday considered whether a trial court should have suppressed blood sample evidence in the case of a man arrested and charged with vehicular homicide after colliding with a church van in Habersham County.

  • September 02, 2026

    NJ Urges Justices To Resolve Kalshi Sports Betting Split

    New Jersey regulators on Wednesday asked the U.S. Supreme Court to address the newly emerged circuit split around prediction market regulation, filing a long-awaited petition that challenged a Third Circuit decision blocking the state from pursuing Kalshi's sports event contracts as unlicensed bets.

  • September 02, 2026

    Proskauer Hires Goodwin Procter's Supreme Court Co-Head

    Proskauer Rose LLP has added the former co-head of Goodwin Procter LLP's Supreme Court practice as the co-head of its compensation and benefits litigation practice, the firm announced Wednesday.

  • September 02, 2026

    Hall Booth Can't Pause NC Malpractice Claims, Court Told

    A court-appointed receiver has blasted Hall Booth Smith PC's bid in the North Carolina state appeals court to pause legal malpractice claims against the firm related to a wrongful conviction judgment, calling the move "nothing but a collateral attack" in state court on a federal order appointing the receiver.

  • September 02, 2026

    10th Circ. Overturns School's Win In Title IX Abuse Liability Suit

    The Tenth Circuit has revived three women's claims that their former university mishandled their allegations of sexual assault and harassment by their basketball coach's husband, finding a New Mexico federal court too narrowly construed Title IX precedent when it found the school had no control over the man.

  • September 02, 2026

    1st Circ. Says Son's Asthma Not Enough To Stop Removal

    The First Circuit has refused to reverse a removal order for a Salvadoran citizen, finding that providing asthma medication for his 17-year-old son is not an exceptional hardship that could halt the process.

Expert Analysis

  • Patent Ruling Highlights Risks Of Late Inventorship Fixes

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    The Federal Circuit's recent decision in Implicit v. Sonos demonstrates the risk of forfeiture with retroactive correction of inventorship in inter partes review proceedings, with a clear message to the patent community that potential inventorship issues should be considered at every stage of a patent's life cycle, say attorneys at BCLP.

  • Adjusting IPR Tactics As Google Fights 'Settled Expectations'

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    Google’s petition for the U.S. Supreme Court to scrutinize the Patent Trial and Appeal Board's so-called settled expectations practice underscores why accused infringers facing older asserted patents should treat discretionary denial as a case-dispositive risk from day one, says attorney Abdul Abdullahi.

  • 3 Misconceptions About Justices' FCC Fines Ruling

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    The U.S. Supreme Court's June 4 Federal Communications Commission v. AT&T decision rejecting AT&T’s and Verizon’s argument that the commission's forfeiture process violates the Seventh Amendment has yielded three common reactions that misunderstand the decision as a matter of law and how the FCC actually operates, says Samuel Feder at Jenner & Block.

  • SEC Disgorged Fund Distribution Is Next Query After Sripetch

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    Following the Supreme Court's Sripetch v. U.S. Securities and Exchange Commission decision, investor harm isn't required for the SEC to obtain a disgorgement award, but future cases must resolve whether the commission will be freed from a requirement to distribute disgorged funds to the victims of alleged misconduct, says Daniel Walfish at Katsky Korins.

  • If Upheld, Wash. Millionaire Tax Could Upend State Law

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    The Washington Supreme Court could open the door to broader income, rental and corporate taxes if it defies precedent and the historically established desires of voters by redefining the state constitution's concepts of “income” and “property” to uphold a new tax on wages over $1 million, says Richard Birmingham at Davis Wright.

  • Trump Admin's Agency Records Purge Tests Judicial Notice

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    While courts commonly take judicial notice of data in government websites and reports, the Trump administration's recent modification or wholesale deletion of these sources means that litigants must look elsewhere to support trial admission of this information, says Jon Gryskiewicz at Lewis Baach.

  • 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.

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