Appellate

  • July 21, 2026

    DC Circ. Affirms Argentina Must Pay $391M Arbitral Award

    The D.C. Circuit on Tuesday affirmed the enforcement of a $391 million arbitral award issued against Argentina in a 17-year-old dispute over the renationalization of its state-owned airline, rejecting arguments that the petition was filed too late.

  • July 21, 2026

    Humana 401(k) Forfeiture Suit Will Wait For 6th Circ. Appeal

    A proposed class action against health insurance provider Humana alleging the company misallocated millions from employee 401(k) forfeitures was paused by a Kentucky federal judge on Tuesday to wait for the outcome of a similar suit against regional grocery giant Meijer currently awaiting a ruling in the Sixth Circuit.

  • July 21, 2026

    Centripetal IP Survives Fed. Circ. Despite 'Ghost In The Room'

    A Federal Circuit panel on Tuesday backed a Patent Trial and Appeal Board decision that declined to strike some claims in a cybersecurity patent owned by Centripetal Networks LLC, even if a "ghost in the room" suggests that it's preserving unpatentable claims.

  • July 21, 2026

    Apple's Bid To Invalidate Speech Patent Revived On Appeal

    The Federal Circuit on Tuesday gave Apple Inc. another opportunity to show that claims in a Zentian Ltd. speech recognition patent are invalid, faulting the Patent Trial and Appeal Board's decision to uphold the patent, which is at issue in a California infringement suit.

  • July 21, 2026

    2nd Circ. Bars Student's Habeas Case In Removal Fight

    A Second Circuit panel ruled Tuesday that a Vermont federal judge should not have ordered U.S. Immigration and Customs Enforcement to release Palestinian green-card holder Mohsen Mahdawi because his claims should have been funneled through the immigration court process.

  • July 21, 2026

    7th Circ. Probes Offset Restitution In Hytera-Motorola Dispute

    Seventh Circuit judges appeared amenable Tuesday to Motorola's argument that an Illinois federal judge wrongly refused to order Hytera to pay restitution for stealing trade secrets and improperly treated Hytera's payments in parallel civil litigation as offsets in the criminal case, effectively nullifying Motorola's punitive damages award.

  • July 21, 2026

    Pa. Justices Reverse Joint Fee Liability For Custody Atty

    An attorney representing a mother in a contentious child custody dispute does not owe the father and his attorney more than $10,000 in fees, the Pennsylvania Supreme Court ruled Tuesday, finding the Superior Court misapplied a previous opinion.

  • July 21, 2026

    NJ's First Solicitor General Stepping Down In September

    New Jersey's first-ever solicitor general, Jeremy Feigenbaum, is stepping down in September after having represented the Garden State in a number of high-profile cases, including a series of arguments before the U.S. Supreme Court, the state attorney general's office announced Tuesday.

  • July 21, 2026

    Mich. Panel Revives Forklift Injury Suit Against Meijer

    A warehouse worker whose leg was crushed between a forklift and a metal desk at a Meijer Inc. distribution center can proceed with his negligence suit after a Michigan appellate panel ruled a jury must decide whether faulty brakes, inadequate maintenance or his own actions caused the accident. 

  • July 21, 2026

    Reagan-Appointed NC Federal Judge To Take Senior Status

    U.S. District Judge Terrence William Boyle of the Eastern District of North Carolina plans to take senior status — a form of semi-retirement that gives federal judges a reduced caseload — at a date yet to be determined, according to a recent update from the federal judiciary.

  • July 21, 2026

    Reed Smith Loses Bid To Pause Ex-Worker's Gender Bias Suit

    A New Jersey judge on Tuesday rejected Reed Smith LLP's motion to pause discovery in a gender discrimination lawsuit brought by a former employee, finding that the firm had not proved irreparable harm if the case advanced while an interlocutory appeal on the scope of damages proceeds.

  • July 21, 2026

    Pa. Justices Deny Insurance Exclusion In Sex Trafficking Law

    Pennsylvania's laws against human trafficking don't translate into a "public policy" that justifies insurers denying coverage to a Philadelphia hotel accused of turning a blind eye to trafficking, the state's Supreme Court ruled Tuesday.

  • July 21, 2026

    Ex-Justice Screened From Vik's $65M Deutsche Bank Suit

    Former Connecticut Supreme Court Chief Justice Richard A. Robinson has been screened from participating in billionaire Alexander Vik and his daughter's vexatious litigation and $65 million stock sale turnover lawsuit against Deutsche Bank, according to the financial institution's lawyers at Day Pitney LLP.

  • July 21, 2026

    6th Circ. Tests Retroactive Michigan Sex Offender Rules

    Michigan Assistant Attorney General Eric Jamison told a Sixth Circuit panel Tuesday that if it finds the Michigan Sex Offender Registration Act, or SORA, unconstitutional, it must also find its federal counterpart, the Sex Offender Registration and Notification Act, or SORNA, unconstitutional.

  • July 21, 2026

    NJ Panel Rules Town Board Can Redo Warehouse Review

    A New Jersey appeals court rejected a developer's request for automatic approval of its development plan in a local warehouse district, siding with a trial judge in finding a local planning board correctly sought to scrutinize its own jurisdiction over the project.

  • July 21, 2026

    NJ Panel Backs Big Box Denial Over Traffic Study Gaps

    A New Jersey appellate panel on Tuesday reversed a lower court ruling that vacated a planning board's rejection of a proposed one-story, 161,000-square-foot big box retail project.

  • July 21, 2026

    Guam Group Says Air Force Can't Skip Review Of Detonations

    A nonprofit in Guam asked the U.S. Supreme Court to affirm a ruling that the U.S. Air Force shirked environmental review duties when it applied to renew a permit to detonate expired munitions, as well as reject the agency's attempts to avoid them.

  • July 21, 2026

    Wash. Tribe, Enviro Org. Say FERC Hydro Delay Imperils Sites

    A Washington tribe and an environmental group are asking the Ninth Circuit to deny a Federal Energy Regulatory Commission bid to hold a challenge against the agency's issuance of a hydroelectric license in abeyance, arguing that it won't stop the project from moving toward construction that will destroy resources.

  • July 21, 2026

    Minn. County Urges State Justices Review School Tax Break

    A Minnesota childcare center that missed a filing deadline related to a property tax exemption for educational institutions should not have been allowed to appeal the matter to the state tax court, a county told the state Supreme Court, urging it to review the case.

  • July 21, 2026

    4th Circ. Asks SC Justices To Weigh In On Heater Death Suit

    The Fourth Circuit has certified a question to the South Carolina Supreme Court in a suit alleging the defective design of a propane heater led to the death of a man using it, asking the justices to determine if adequate labeling precludes a defect claim under state law.

  • July 21, 2026

    DC Circ. Says NLRB 'Successor Bar' Conflicts With Labor Law

    A split D.C. Circuit panel said Tuesday that the National Labor Relations Board's practice of insulating unions from removal after businesses change hands defies federal labor law, applying a landmark 2024 U.S. Supreme Court ruling that scaled back courts' deference to federal agencies.

  • July 20, 2026

    Panel Revives Malpractice Suit Against Criminal Defense Atty

    A Washington state appellate panel Monday revived legal malpractice claims against a public defense attorney who failed to correct an erroneous sentencing document that placed his client on supervised probation, when a plea deal instead called for unsupervised probation.

  • July 20, 2026

    NJ Court Backs Utility In Motorist's Tree-Fall Injury Suit

    A New Jersey man who suffered a "catastrophic" spinal cord injury after a tree fell on his car while driving cannot pursue damages against Jersey Central Power & Light Co., a state appeals court ruled Monday, saying utilities have no duty to cut vegetation to keep passing motorists safe.

  • July 20, 2026

    4th Circ. Upholds Conviction Despite Closed Court Testimony

    The Fourth Circuit on Monday ruled that a North Carolina man was given a fair trial even though the courtroom was temporarily closed after a witness believed someone in the audience was trying to intimidate them.

  • July 20, 2026

    10th Circ. Backs Debt Collector In FCRA Identity Theft Dispute

    A Georgia-based debt collection company does not have to face a $500,000 jury verdict that it failed to reasonably investigate a disputed debt involving identity theft, the Tenth Circuit ruled Monday, joining other circuits in holding that it's up to the consumer to show the underlying information was incorrect.

Expert Analysis

  • 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.

  • 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.

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