Appellate

  • September 22, 2026

    Judge Sinks Patent Judgments Against Chilisin In Cyntec Suit

    A California federal judge has nullified judgments against Chilisin Electronics Corp. in a patent case from Cyntec Co. over Cyntec's failure to disclose an agreement to license a pair of its patents to Apple, while also agreeing to sanction Cyntec's counsel.

  • September 22, 2026

    Ga. Justices Say UM Claims Can Settle Before Liability Claims

    The Georgia Supreme Court on Tuesday held that the state's intermediate appellate court wrongly found that a man injured in a car crash was required to exhaust the at-fault driver's liability coverage before settling a claim for uninsured motorist coverage with his own insurer.

  • September 22, 2026

    8th Circ. Questions Iowa's Bid To Unblock Parts Of PBM Law

    The Eighth Circuit on Tuesday appeared skeptical of the state of Iowa's bid to have the appellate court unblock parts of its law limiting pharmacy benefit managers' power to set drug prices, with multiple judges questioning different aspects of the state's standing and federal preemption analysis.

  • September 21, 2026

    Due Process Not Limited In Bond Hearing Suit, 9th Circ. Says

    The Ninth Circuit held in a published opinion Monday that a certified class of asylum-seekers apprehended well within the U.S. border can challenge their detentions, rejecting the government's contention that the U.S. Supreme Court limited their due process rights.

  • September 21, 2026

    Rude Comments Fall Short Of Stalking, Fla. Panel Says

    A Florida appeals court has ruled there was insufficient evidence to sustain a stalking injunction against a woman who was described as "bullying" her neighbor by making mean comments about the neighbor's weight and a disability.

  • September 21, 2026

    Colo. Justices Say Insolvency Can't Trigger Excess Coverage

    The Colorado Supreme Court ruled that an umbrella or excess policy issuer isn't liable to drop down and provide first-dollar coverage when a scheduled underlying insurer becomes insolvent, according to the justices' opinion, issued Monday.

  • September 21, 2026

    2nd Circ. Skeptical Of Fired United Worker's Grievance Claim

    The Second Circuit gave a cool reception Monday to a former United Airlines employee's attempt to force arbitration of a grievance over his firing after a Teamsters local declined to pursue it, with judges suggesting it was the union's right to advance the claim as it saw appropriate.

  • September 21, 2026

    3rd Circ. Upholds 'Pattern' Penalty For Child Rapist

    The Third Circuit ruled Monday that a Pennsylvania man who kidnapped and sexually abused a child multiple times qualifies for a pattern crimes enhancement, ruling that although the crimes occurred over a matter of hours, they qualified as separate events.

  • September 21, 2026

    4th Circ. Won't Rethink Cutting $22M Wells Fargo Judgment

    The Fourth Circuit declined Monday to reconsider its decision cutting nearly $2.9 million from a former Wells Fargo employee's $22 million jury award and overturning portions of the verdict in his disability discrimination suit against the financial giant.

  • September 21, 2026

    FERC Wrongly Segmented Pipeline's Water Eval, DC Circ. Told

    Environmental groups have told the D.C. Circuit that the Federal Energy Regulatory Commission botched its analysis of the effects of a Williams Cos. unit's pipeline expansion project on streams and other aquatic resources in Virginia and North Carolina.

  • September 21, 2026

    Ill. Panel Says News Report Bars Law Firm's FCA Suit

    An Illinois appellate court on Friday upheld the dismissal of a whistleblower lawsuit brought by Forde & O'Meara LLP accusing a company of secretly assigning its interests in unpaid state bills to unapproved entities to duck taxes, agreeing that a prior public disclosure of the alleged scheme in a news report bars the firm's claims.

  • September 21, 2026

    Colo. Justices Uphold Ski Waiver Ruling Against Snowboarder

    A snowboarder released his claims against a ski resort and employee when he signed an online liability waiver to buy a season pass while his injury suit was still active, the Colorado Supreme Court ruled Monday, handing down a decision in a closely watched case for the state's ski industry.

  • September 21, 2026

    Mass. Court Affirms Toss Of Gun Evidence In 22-Judge Ruling

    An evenly split Massachusetts Appeals Court on Monday let stand a judge's suppression of a gun found by Boston police officers during an inventory search prior to a vehicle being towed, in a rare ruling involving all but three of the intermediate appellate court's 25 judges.

  • September 21, 2026

    Ill. Court Won't Undo $41M Stroke Malpractice Verdict

    An Illinois appeals panel won't upend a $41 million verdict against OSF Healthcare System in a suit over a man's debilitating stroke, saying Illinois law tolls the statute of limitations based on the plaintiff's disability, regardless of if his wife or attorneys could have filed suit.

  • September 21, 2026

    Fed. Circ. Says Profit Measurement Patents Ineligible

    The Federal Circuit on Monday said claims in a trio of patents relating to management profit measures were not patent-eligible, handing a win to software company Teradata Operations Inc. and industrial supply business W. W. Grainger Inc. in a suit accusing them of infringement.

  • September 21, 2026

    Ohio Justices Nix Data Center Voter Poll Over Citizen Suits

    The Ohio Supreme Court has rejected a proposed ballot question that would change the zoning code in Wilmington, Ohio, and expand residents' lawsuit powers to enforce standards for data center developments, in a decision following a proposed $4 billion Amazon Web Services project in the area.

  • September 21, 2026

    Varian, Gov't Appeal Foreign Dividend Decision To 9th Circ.

    Varian Medical Systems Inc. is appealing a U.S. Tax Court decision that it owes more than $7.2 million to the Internal Revenue Service as a result of the court limiting its deemed dividends deduction, while the government is also appealing, according to filings in the Ninth Circuit.

  • September 21, 2026

    FedEx Seeks High Court Review Of 6th Circ. Pension Ruling

    FedEx has asked the U.S. Supreme Court to review the Sixth Circuit's decision to revive two proposed class actions alleging Kellogg's and FedEx's outdated actuarial assumptions shortchanged joint-and-survivor benefits for retirees, claiming the circuit court's "erroneous" interpretation of federal benefits law warrants high court review.

  • September 21, 2026

    2nd Circ. Seems Hesitant To Kick PwC Bias Suit To Arbitration

    The Second Circuit appeared skeptical Monday of PricewaterhouseCoopers LLP's push to compel arbitration of a former worker's suit alleging discriminatory harassment, with one judge saying the company is advocating for an "extraordinary understanding" of a 2022 law barring mandatory arbitration of sexual harassment claims.

  • September 21, 2026

    Minn. Tax Court Correct On Childcare Break, Justices Told

    A Minnesota childcare center was entitled to judicial review of the denial of a property tax exemption despite failing to meet an initial deadline, it told the state Supreme Court, urging the court to uphold a state tax court decision that allowed the break.

  • September 21, 2026

    IRS Asks 5th Circ. To Pause Microcaptive Rules Case

    The IRS asked the Fifth Circuit to stay briefing in a global tax services provider's bid to revive its challenge to the agency's reporting rules for microcaptive insurance companies pending the resolution of a related case before the appeals court.

  • September 21, 2026

    2nd Circ. Gives Ex-LVMH Atty A New Shot At Retaliation Case

    The Second Circuit on Monday reinstated retaliation claims brought by a former LVMH attorney who alleged that the French luxury brand fired her for reporting sexual misconduct, concluding that her refusal to engage in settlement discussions could constitute legally protected activity.

  • September 21, 2026

    Immigration Board Suspends Atty Who Didn't Answer Notice

    A federal immigration appeals board suspended a Colorado-based attorney from practicing before it for one year after she did not respond to a discipline request filed after she was suspended from practicing in Washington state.

  • September 18, 2026

    Ex-DOJ Chief Lambastes 'Abuses Of Power' In Goldstein Case

    The U.S. Department of Justice constantly made false statements in its criminal case against famed appellate advocate Tom Goldstein, and his convictions must be erased because "prosecutorial misconduct pervaded every stage of the proceedings," a former DOJ prosecutor told the Fourth Circuit.

  • September 18, 2026

    Split 7th Circ. Rejects NLRB's Bid To Reinstate Union

    A split Seventh Circuit panel on Friday upheld a decision denying the National Labor Relations Board's bid to reinstate a truck-seller's union, with the majority finding that the union hasn't shown irreparable harm justifying such "extraordinary relief," while a dissenting judge criticized the majority for making harm nearly impossible to show.

Expert Analysis

  • 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.

  • Fed. Circ.'s Thermostat Ruling Holds Patent Jury Trial Lessons

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    The Federal Circuit's recent decision in Ollnova v. Ecobee, throwing out a $11.5 million patent infringement award, clarifies key rules for jury verdict forms and sends an important message on patent subject matter eligibility, says Bijal Vakil at Skadden.

  • 5 IP Licensing Lessons From Fed. Circ. Asphalt Ruling

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    The Federal Circuit's recent decision in A.L.M. v. Zydex, concerning infringement of asphalt-related patents, clarifies what licensing terms are considered sufficiently exclusionary for constitutional standing, and provides helpful guidance for ensuring the enforceability of patent rights, say attorneys at Sterne Kessler.

  • Series

    Going To Hardcore Shows Makes Me A Better Lawyer

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    While government contracts law and the hardcore scene may seem entirely unrelated, in my experience, both are about community, focus, being prepared for the unexpected and managing chaos, says Isaac Natter at Fluet.

  • 9th Circ. Ruling Exposes A Flaw In Federal Trade Secrets Law

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    The Ninth Circuit's recent decision in Comet Technologies v. XP Power, addressing a difference between the federal Defend Trade Secrets Act and California's Uniform Trade Secrets Act, shows why the DTSA's requirement that claimed trade secrets not be readily ascertainable is inherently problematic, say attorneys at Buchalter.

  • Opinion

    Birthright Citizenship Dissents Belie Originalist Interpretation

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    The three dissents in the U.S. Supreme Court's recent birthright citizenship decision clashed with originalist readings of the Constitution, applying the 14th Amendment more narrowly than its drafters, and by applying contemporary and living document approaches to constitutional interpretation, says Ediberto Roman at Florida International University.

  • Navigating The Limits Of Calif. Justices' Public Pension Ruling

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    Despite the California Supreme Court's recent holding that counties and cities wield discretion over classification and salary decisions for their public retirement board staff, it is important to remember that such authority is not unchecked as unreasonable rejections remain subject to judicial review, say attorneys at Reed Smith.

  • 3 Rulings Show High Court's Transnational Litigation Stance

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    The U.S. Supreme Court's most recent term closed with three consequential decisions for transnational litigation that illustrate the court's readiness to enforce a Congress-created cause of action for overseas conduct and unwillingness to create this liability itself, say attorneys at WilmerHale.

  • Del. High Court Ruling Signals Next Post-Jarkesy Phase

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    The Delaware Supreme Court recently ruled in Swan Energy v. Investor Protection Unit that the jury trial principles underlying the U.S. Supreme Court’s Jarkesy opinion do not compel the same result under the state's constitution, offering state courts a road map for the next phase of administrative enforcement litigation, says Benjamin Lajoie at Nelson Mullins.

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