Appellate

  • July 27, 2026

    11th Circ. Nixes Disinfectant-Spraying Worker's ADA Suit

    The Eleventh Circuit refused Monday to reopen a now-deceased Georgia county employee's lawsuit alleging she was fired for taking precautions to protect herself during the COVID-19 pandemic due to her health problems, concluding she was let go for spraying co-workers with disinfectant rather than her disabilities.

  • July 27, 2026

    Conn. Justices Clarify Guilt-Inference Jury Instructions

    The Connecticut Supreme Court placed new guardrails around consciousness-of-guilt jury charges in criminal trials, refusing Monday to rewrite model instructions or toss a conviction but cautioning trial judges to convey the positions of both prosecutors and defendants in a "neutral and balanced" manner.

  • July 27, 2026

    DC Circ. Overturns Its Own Holocaust Art Ruling

    The D.C. Circuit has substantially vacated its ruling ending long-running litigation brought by the descendants of a Hungarian Jewish art collector seeking the return of a priceless art collection looted by the Nazis, citing the passage of a new law.

  • July 27, 2026

    Google Can't Get 2nd Try At Eliminating Network-1 Patent

    A New York federal judge has denied Google's request for a second attempt at invalidating a patent asserted by a patent licensing company, rejecting its arguments that a Federal Circuit decision from last month made another try necessary.

  • July 27, 2026

    Fertilizer Biz Asks Justices To Reverse Idaho Tribal Land Swap

    An Idaho agribusiness is asking the U.S. Supreme Court to undo a Ninth Circuit decision that invalidated a U.S. Department of the Interior land transfer over tribal concerns of contamination from a planned fertilizer plant expansion, arguing the ruling undermines the country's food security, thousands of jobs and millions in economic activity.

  • July 27, 2026

    NJ Justices Set 3rd-Party Legal Fee Rules In Criminal Cases

    The New Jersey Supreme Court on Monday set forth parameters for third-party legal fee arrangements in criminal cases, upholding a murder conviction on the grounds that no conflict of interest resulted from a state witness paying his lawyer and finding that third‑party payments don't create per se conflicts of interest.

  • July 27, 2026

    Ga. Gov. Appoints Attys To Judgeship, DA Roles

    Georgia Gov. Brian Kemp has appointed a Dodd & Burnham partner and the managing partner of Walker Hulbert Gray and Moore LLP to serve as Superior Court judges and two attorneys as district attorneys.

  • July 27, 2026

    10th Circ. Upholds Colo.'s $3-A-Day Rental Car Fee

    The Tenth Circuit upheld Colorado's up-to-$3-a-day congestion impact fee on short-term vehicle rentals Monday, ruling that the charge falls on consumers rather than airport rental car companies.

  • July 27, 2026

    Hemp Co. Says DEA Defied Farm Bill By Banning HHC

    A North Carolina hemp company challenging the legality of a recent U.S. Drug Enforcement Administration rule designating a psychoactive hemp-derived compound as a Schedule I substance has told the Fourth Circuit that the agency defied Congress when it issued the rule.

  • July 27, 2026

    Cannabis In The Courts: A Midyear Litigation Review

    In the first half of 2026, lawsuits taking aim at recent federal shifts in cannabis policy, a federal ban on marijuana users owning firearms and purported residency criteria in state cannabis licensure programs were argued in multiple courts across the country.

  • July 27, 2026

    Trump Admin Appeals Partial Block On Mail Ballot Order

    The Trump administration has asked the U.S. Supreme Court to step in after the First Circuit declined on Saturday to lift a lower court's order prohibiting the administration from enforcing restrictions on mail-in balloting in 23 states and the District of Columbia in this year's general election.

  • July 27, 2026

    Pa. Felony Murder Bill Deadline Expires With No New Rules

    The deadline for Pennsylvania lawmakers to pass new sentencing rules for second-degree murder has passed, after the state Supreme Court didn't act Friday on a request to extend the delay on their ruling that mandatory life sentences for second-degree murder are unconstitutional.

  • July 24, 2026

    2nd Circ. Partly Revives NYC Employee's Disability Case

    The Second Circuit Friday vacated a lower court's dismissal of a New York City employee's suit claiming the city failed to accommodate his disability, although it said the trial court was correct in tossing the employee's discrimination and retaliation claims.

  • July 24, 2026

    1st Circ. Won't Stay Decision Blocking $100K H-1B Visa Fee

    The First Circuit on Friday refused to stay a Massachusetts federal court's order throwing out President Donald Trump's $100,000 fee for certain skilled-worker visas while the administration appeals the ruling.

  • July 24, 2026

    Abbott Wins 7th Circ. Fight Over Baby Formula Warning

    The Seventh Circuit on Friday refused to revive a woman's claims that Abbott Laboratories failed to warn about the dangers of a Similac-brand infant formula her baby drank before dying of a serious gastrointestinal disease, saying she failed to show that her suggested alternative warning would have saved her baby.

  • July 24, 2026

    'False Innuendo': Sanctioned Davis Wright Atty Rips Fee Bid

    A Davis Wright Tremaine LLP partner sanctioned for subpoena tactics is fiercely contesting a plaintiffs firm's six-figure fee bid, telling a California federal court that the request misleadingly cites alleged misconduct in separate litigation, reflecting a "naked attempt to prejudice the court's view of counsel."

  • July 24, 2026

    5th Circ. Partly Upholds Block On Texas Content Filtering Law

    A Fifth Circuit panel on Friday affirmed in part a lower court's injunction blocking Texas' new law forcing companies to filter content for underage users, though it said other portions of the law, including an age-verification requirement, were permissible.

  • July 24, 2026

    Panel Asks Fla. Justices To Clarify Right-To-Counsel Rule

    A Florida appeals court has concluded that while a man's sexual battery conviction should remain in place, the state's highest court should determine whether the Florida Constitution allows attorney-client conversations during a recess when barred by a trial judge.

  • July 24, 2026

    4th Circ. Backs Parental Limits Under Juvenile Visa Program

    The Fourth Circuit affirmed Friday that the parents of immigrant children who receive visas through a special classification for kids who have been abused, neglected or abandoned cannot seek a path to legal residency through their children.

  • July 24, 2026

    Apple Beats Bid To Revive COVID App Antitrust Suit

    The D.C. Circuit on Friday refused to revive an antitrust lawsuit that accuses Apple of unlawfully tying its iPhone to its App Store and monopolizing access to COVID-19 tracing apps, saying an app developer that sued the tech giant failed to plausibly allege relevant product markets for its claims.

  • July 24, 2026

    9th Circ. Revives Ex-Kaiser Worker's Vaccine Bias Suit

    A Ninth Circuit panel Friday revived a former Kaiser Permanente employee's discrimination suit accusing The Permanente Medical Group Inc. of unlawfully firing her for refusing a mandatory COVID-19 vaccine, ruling that the worker adequately informed the company of the vaccine's conflict with her sincerely held religious beliefs.

  • July 24, 2026

    11th Circ. Revives Challenge To Ga. Gun Carry Age Limits

    The Eleventh Circuit revived a challenge to a Georgia statute that prohibits adults under the age of 21 from obtaining weapons carry licenses and carrying handguns in public on Friday, sending the case back to a lower court to consider it in light of recent U.S. Supreme Court precedent.

  • July 24, 2026

    Fla. Panel To Prosecutors: 'Double-Check' Charging Docs

    Florida appellate judges reversed a man's fentanyl trafficking conviction Friday after finding the substance found on him during a traffic stop was not fentanyl, but a fentanyl derivative, remarking, "'issues like this should be avoided by the state taking a moment to double-check its charging documents.'"

  • July 24, 2026

    Mich. Panel Allows School Shooting Threat Case To Proceed

    A former high school senior accused of threatening to shoot his principal and teachers failed to escape criminal charges by claiming First Amendment protection, a Michigan Court of Appeals panel has ruled, saying the teen went beyond mere talk when he bought a shotgun and tried to buy two pistols.

  • July 24, 2026

    Full Fed. Circ. Urged To Reconsider Pfizer's Paxlovid IP Win

    Enanta Pharmaceuticals is asking the Federal Circuit to rethink its June refusal to revive a patent it had asserted against Pfizer over its COVID-19 treatment Paxlovid, saying the court acted beyond its authority.

Expert Analysis

  • Fed. Circ. Clarifies Standard For Contesting CICA Overrides

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    The Federal Circuit's recent holding in Life Science Logistics strengthens the hand of protesters facing an override of the Competition in Contracting Act stay, and a Court of Federal Claims decision the same day demonstrates that how a protester frames its requested relief remains critically important, says Richard Arnholt at Bass Berry.

  • The Paradoxical Duty To Adopt AI When You Can't Bill For It

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    Both billing for hours saved using artificial intelligence and preserving billable time by not adopting AI may violate rules of professional conduct, but until bar associations' ethics rules catch up to this emerging economic dilemma, firms must decide how to adjust fee structures themselves, says Ines Lassalle at Peyrot & Associates.

  • 4 Emerging Limits Of Employer Mental Health Notice Defense

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    A California appeals court's recent decision in Husband v. Target, addressing when an employer knows about an employee's undisclosed disability, leaves open questions about how changes in mental health awareness and workforce monitoring tools may raise the bar for what employers can claim not to know, says Benjamin Heller at RFZ Law.

  • Raptors Ruling Shows Risks Of Calif. Enviro Suit Intervention

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    Intervention in California environmental litigation can allow businesses to help defend agency approvals, but after a state appeals court's recent ruling in Raptors Are the Solution v. CropLife America, it is clear that intervention also carries a price — and that courts will hold parties accountable for the full arc of their litigation conduct, says Thierry Montoya at FBT Gibbons.

  • A Decade Later, Escobar Is Still Shaping FCA Cases

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    The U.S. Supreme Court's decision 10 years ago in Universal Health Services v. U.S. ex rel. Escobar changed the way in which lower courts evaluate False Claims Act cases — and the ruling remains vital in nearly every FCA case filed today, say attorneys at Bradley Arant.

  • Sripetch May Prove To Be An Empty Victory For The SEC

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    The U.S. Supreme Court's recent decision in Sripetch v. U.S. Securities and Exchange Commission held that the SEC need not prove pecuniary harm for disgorgement, but if the commission must still identify victims and distribute funds in a compensatory way, it faces the same economic problem as before the ruling, says Erin Smith at Compass Lexecon.

  • 9th Circ. Cooler Ruling Chills 1st Mover Lanham Act Claims

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    The Ninth Circuit's recent decision in Vericool World v. Igloo Products that Vericool's claim of being first-to-market with an ecocooler was not actionable under the Lanham Act largely foreclosed false advertising litigation over first mover status, so potential plaintiffs should instead look to patent counseling or intellectual property strategy for these claims, say attorneys at Manatt.

  • Mapping 5 Fronts Of The Prediction Markets Regulatory Battle

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    The legal framework governing prediction markets is under simultaneous challenge in five independent areas, and the outcomes will determine not just who can operate prediction markets, but the compliance obligations of every participant in the ecosystem, says Ivor Wolk at Manatt.

  • 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.

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