Appellate

  • July 22, 2026

    10th Circ. Says Insurer Owed No Duty To Explain Policy

    The Tenth Circuit has affirmed an insurance company cannot be sued for bad faith over a woman's fatal liposuction surgery that resulted in a $60 million judgment, holding that under Utah law, an insurer is not obligated to explain a policy absent an ambiguity or evidence of fraud.

  • July 22, 2026

    11th Circ. Mulls Forcing Board To Testify In Book Ban Suit

    Members of a Florida school board on Wednesday told the Eleventh Circuit they shouldn't be forced to testify on their reasons for banning library books about people of color and the LGBTQ+ community, arguing their actions are protected by legislative privilege. 

  • July 22, 2026

    Exxon Convinces 5th Circ. To Scrap OSHA Mental Illness Reg

    The Fifth Circuit nixed an Occupational Safety and Health Administration rule requiring employers to keep track of employees' work-related mental illnesses, concluding that Congress didn't give the agency authority to regulate mental health in the workplace.

  • July 22, 2026

    3rd Circ. Revives Princeton Student's Sex Bias Discipline Suit

    The Third Circuit has revived a Princeton University student's suit challenging the university's decision to suspend him for two years after a Title IX investigation into allegations that he choked two female students, ruling that he was able to plausibly allege that gender motivated Princeton's decision.

  • July 22, 2026

    Mass. Court Affirms License Loss In Lotto Ticket Scheme

    An intermediate appellate court in Massachusetts on Wednesday affirmed the permanent revocation of lottery sales licenses for two convenience store owners who allegedly played significant roles in a scheme to buy winning lottery tickets from customers seeking to avoid taxes or other obligations.

  • July 22, 2026

    Boston Scientific Settles With Stryker In Spine Device IP Fight

    Boston Scientific and Stryker Corp. have reached a settlement to resolve a case in New Jersey federal court over Stryker's alleged efforts to create a back pain device that infringed a Boston Scientific patent.

  • July 22, 2026

    Safety-Net Clinics Defend Insulin Suit Revival To Justices

    Safety-net healthcare providers urged the U.S. Supreme Court not to take on the revival of their proposed antitrust class action against Sanofi-Aventis, Eli Lilly, Novo Nordisk and AstraZeneca, arguing Wednesday that the Second Circuit's decision was based on neither mere trade group lobbying nor any kind of overcharge.

  • July 22, 2026

    MillerKnoll Wins $172K Fees After Beating Bubble Lamp IP Suit

    A Michigan federal judge on Wednesday awarded MillerKnoll $172,000 in attorney fees after it defeated intellectual property claims brought by the heirs of modernist furniture designer George Nelson over his iconic bubble lamps, in a case with purportedly tens of millions of dollars at stake.

  • July 22, 2026

    Retired Judges Rip Bid To Ban Foreign-Born Federal Judges

    A group of 58 retired federal judges, appointed by presidents of both parties, on Wednesday came out strongly against recent proposals from Republican lawmakers that would require federal judges to be natural-born U.S. citizens and relinquish any citizenship that is not of the United States.

  • July 22, 2026

    Fed. Circ. Panel Stands By Invalidated Spinal Fusion IP

    The Federal Circuit on Wednesday said it won't rethink a panel's decision invalidating patent claims covering parts used to make expandable implant devices in spinal fusion surgeries that were the basis of a $9.5 million jury verdict against Life Spine Inc.

  • July 22, 2026

    Pa. Justices Say Resisting Arrest Case Lacked Valid Warrant

    The Supreme Court of Pennsylvania has held that convicting someone for resisting arrest when officers are trying to follow a warrant requires proof the underlying warrant was valid — vacating the conviction of a man arrested after a police database and dispatcher said he had bench warrants in his name.

  • July 22, 2026

    Mich. Gets Judge With Blue Slips In 1st For Trump Admin

    The U.S. Senate voted 62-36 on Wednesday to confirm Michael Martin, a longtime federal prosecutor, to the Eastern District of Michigan and Benjamin Flowers, former solicitor general of Ohio, to the Sixth Circuit.

  • July 22, 2026

    5th Circ. Stays Lower Orders In 90-Day Bond Hearing Review

    The Fifth Circuit granted the Trump administration's request to pause several habeas judgments while the court reconsiders whether the federal government has the authority to detain noncitizens for more than 90 days without providing a bond hearing.

  • July 22, 2026

    Trump's Expiring Global Tariff Is Valid, US Tells Fed. Circ.

    President Donald Trump's temporary global tariff is lawfully authorized under a statute allowing the executive branch to address serious balance-of-payment deficits, a term that can easily be construed to include the economic conditions referenced in the implementing order, the government told the Federal Circuit.

  • July 22, 2026

    Wash. Law Bars Discriminatory HOA Enforcement, Panel Says

    The Washington State Court of Appeals reversed the dismissal of the Washington State Human Rights Commission's administrative housing bias complaint against a homeowners association and other parties, ruling that the state's discrimination law stops homeowners associations from using their rules to discriminate against people.

  • July 22, 2026

    AGs Appeal Order Blocking RealPage Damages In MDL

    Attorneys general for Kentucky, Washington state, New Jersey, Maryland and D.C. have asked the Sixth Circuit to review a district court ruling barring them from seeking damages on behalf of their residents alongside private plaintiffs' settlements in a sweeping multidistrict litigation accusing landlords of using RealPage software to collude on rent prices.

  • July 22, 2026

    DOL Takes Swipe At Derisking Cases In Bristol-Myers Brief

    The U.S. Department of Labor urged the Second Circuit to shut down a suit claiming drugmaker Bristol-Myers Squibb violated federal benefits law by offloading $2.6 billion in pension liabilities to a risky annuity provider, saying benefit plans stand to suffer if courts greenlight flimsy claims of injury.

  • July 22, 2026

    9th Circ. Won't Reopen Vax Bias Suit Against Wash. Officials

    The Ninth Circuit upheld a Washington state agency's win in a suit alleging it unlawfully fired over a dozen employees rather than accommodate their religious objections to the COVID-19 vaccine, ruling they hadn't shown the agency was purposely hostile toward religion.

  • July 22, 2026

    10th Circ. Nixes Tractor Injury Verdict Over 'Obvious' Hazard

    The Tenth Circuit has reversed a jury verdict that favored a farmer who was run over by his own tractor, finding the tractor maker had no duty to warn him of the "open and obvious" hazard of getting out of, and stepping in front of, a moving tractor.

  • July 21, 2026

    DC Circ. Affirms HHS Authority Over 340B Rebate Plans

    The D.C. Circuit on Tuesday upheld a lower court's finding that U.S. Department of Health and Human Services has the authority to block or approve drugmakers' efforts to implement rebates instead of discounts under the 340B drug-pricing program.

  • July 21, 2026

    Trump, DOJ Sued For Firing Court-Appointed Seattle US Atty

    Roger Rogoff, a former Washington state judge who was sworn in as Seattle's new U.S. attorney last week and then swiftly fired by the Trump administration, filed a federal lawsuit Tuesday against President Donald Trump and the U.S. Department of Justice, saying their "attempt to fire him cannot stand."

  • July 21, 2026

    7th Circ. Affirms NYT, Getty Photogs Not Targeted By Cops

    A Seventh Circuit panel Tuesday affirmed a lower court's ruling that photojournalists for The New York Times and Getty who say they were struck by foam baton rounds while documenting civil unrest at the Kenosha County courthouse in 2020 were not intentionally targeted or singled out by officers.

  • July 21, 2026

    Data Capture Alone Doesn't Violate Calif. License Plate Law

    A California state appeals court has refused to revive a proposed class action that accused a vehicle location data company of unlawfully collecting drivers' data through automatic license plate readers, saying in a published opinion that the suit's plaintiff couldn't lean on his "subjective belief" that his privacy was invaded.

  • July 21, 2026

    NJ Court Revives Challenge To Prom Season Motel Rental Limits

    A New Jersey appeals court on Monday revived a constitutional challenge to a municipal ordinance banning anyone under 21 from booking a hotel or motel room during prom and graduation season, giving Jersey Shore motel owners another chance to argue that the ordinance violates would-be hotel customers' constitutional rights, at least under the state constitution.

  • July 21, 2026

    Pa. Justices Reject Prior Case, End 'Open Fields Doctrine'

    The Pennsylvania Supreme Court on Tuesday issued stronger protections for private property owners, holding that the state's charter protects against an "open fields doctrine" that allows state game authorities to search a property without a warrant for game violations.

Expert Analysis

  • 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.

  • Checking For AI Errors Is Now A Two-Way Street

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    A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

  • Opinion

    Federal Circuit Should Implement Mini En Banc Process

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    To fulfill its mission of uniformity in patent law while avoiding the challenges of en banc hearings, the Federal Circuit should institute mini en bancs — allowing regular three-judge panels to exercise en banc powers unless a majority of the court says otherwise, says Joshua Sohn at the U.S. Department of Justice.

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