Appellate

  • July 30, 2026

    8th Circ. Revives Iowa Vape Restrictions Law

    Iowa can start enforcing a state law that restricts the sale of some e-cigarettes, after the Eighth Circuit on Thursday determined that the policy was not preempted by federal tobacco law and overturned a lower court's ruling that blocked officials from implementing it.

  • July 30, 2026

    Resolution Copper Creates $54M Trust For Ariz., NM Tribes

    Resolution Copper Co. said it established a $54 million trust that will provide annual funding to 11 Indigenous nations that have cultural and ancestral ties to a sacred Arizona worship site that's facing destruction to make way for a multibillion-dollar mining operation.

  • July 30, 2026

    Fed. Circ. OKs Samsung Win Over Patent Tied To $81M Award

    The Federal Circuit on Thursday upheld a Patent Trial and Appeal Board decision invalidating a patent covering standard-essential 5G wireless network technology that Samsung was directed to pay $81 million for infringing, rejecting G+ Communications LLC's procedural and evidentiary arguments.

  • July 30, 2026

    Split NJ High Court Backs Walmart In Snowy Lot Injury Suit

    The New Jersey Supreme Court ruled Thursday that Walmart didn't create the "unusual circumstances" required to make it liable for injuries suffered by a customer who slipped on a snowy parking lot, drawing a sharp dissent from justices who said the majority's take shunned case law and "bedrock tort principles" and misread case law.

  • July 30, 2026

    Minn. Sued Over Dairy Expansion Environmental Review

    Advocacy groups in Minnesota are suing the state over its decision not to provide a government document that outlines the potential environmental effects of the proposed West River Dairy expansion, arguing significant impacts to air and water quality were ignored.

  • July 30, 2026

    Skechers Can't Run From Manufacturer Tax, Mass. Court Says

    Skechers must pay nearly $200,000 in back excise taxes and interest, a Massachusetts intermediate appellate court said Thursday, rejecting the shoe brand's argument that it is not a manufacturer.

  • July 30, 2026

    WDTX Jury Awards $1.5M In Lighting Patent Retrial

    A Texas federal jury has awarded Chinese company Jiaxing Super Lighting almost $1.5 million in damages from rivals found to have infringed an LED tube lamp patent, a year after the Federal Circuit ordered a new trial.

  • July 30, 2026

    5th Circ. Upholds Plea Term Requiring Mental Health Meds

    The Fifth Circuit has ruled that a Texas man still cannot overturn a special sentencing condition requiring him to take prescribed mental health medication even despite the U.S. Supreme Court granting the man's appeal and setting a new standard for exceptions to appeal waivers in plea deals.

  • July 30, 2026

    6th Circ. Orders Look At IRS Resignation Deal In Bias Suit

    An Ohio federal court must decide whether an IRS worker gave up her disability bias and retaliation claims against the U.S. Treasury Department in a resignation agreement, a split Sixth Circuit panel ruled, refusing to weigh the merits of an appeal she brought before entering the deal.

  • July 30, 2026

    2nd Circ. Revives Decongestant 'Maximum Strength' Claims

    The Second Circuit on Thursday revived claims in multidistrict litigation alleging makers of oral decongestants misled consumers by labeling their products as "maximum strength," while finding the bulk of the remaining claims were preempted by federal regulation.

  • July 30, 2026

    Mich. Justices Overrule Longtime Med Mal Filing Rule

    The Michigan Supreme Court on Wednesday overturned a 20-year-old precedent that had barred many wrongful death medical malpractice lawsuits, ruling personal representatives may use the state's medical malpractice tolling statute to extend the time for filing claims after serving a required notice of intent to sue. 

  • July 30, 2026

    2nd Circ. Revives Migrant's Classwide Declaratory Relief Bid

    A New York federal court erred in decertifying a class seeking declaratory relief regarding government procedures on bond hearings for immigration detainees, the Second Circuit ruled Wednesday, finding the court improperly considered factors outside the federal procedural rule governing class actions.

  • July 30, 2026

    Kalshi Sports Offerings Appear On Shaky Ground At 6th Circ.

    A Sixth Circuit panel looked askance at Kalshi's push to have its sports event contracts shielded from state gambling regulators Thursday, pointedly questioning the prediction market giant about the difference between its offerings and traditional sports bets.

  • July 30, 2026

    Ohio Panel Says Burnt Pot Smell Justified Vehicle Search

    An Ohio appeals court has ruled that even though marijuana is legal in the state, law enforcement can use visible signs of the drug's use as probable cause to search a vehicle, as driving while intoxicated is still a crime.

  • July 30, 2026

    Ill. Atty Sanctioned For AI Slop In Starbucks Bias Suit

    A unanimous Illinois appeals court sanctioned an attorney representing a former Starbucks employee in a workplace discrimination suit after determining that he submitted briefs using false citations and quotations hallucinated by artificial intelligence software.

  • July 30, 2026

    NJ Appeals Court Approves Docs Release In Atty Bribery Case

    A former Bayonne mayoral candidate accused of accepting a bribe from an attorney is entitled to limited access to communications related to the investigation in his case, a New Jersey state appeals court ruled Thursday.

  • July 30, 2026

    Fed. Circ. Revives Schmeisser Gun Magazine Patent Suit

    The Federal Circuit on Thursday reversed a Wyoming judge's decision that found a firearm patent invalid as indefinite, reviving a preliminary injunction against a Bosnian gun part-maker that the lower court had dissolved.

  • July 30, 2026

    J&J Pans Talc Claimant's 'Absurd' Bid To Nix $25M Appeal

    In a sharply worded memo, Johnson & Johnson told the Connecticut Appellate Court that it should deny a "nonsensical" dismissal motion from a real estate developer who won a $25 million asbestos-related cancer verdict, defending its appeal of the trial court outcome as timely.

  • July 30, 2026

    Broward Sheriff Can't Duck Parkland Shooting Claims

    A Florida appeals court said Wednesday that the Broward County Sheriff must face claims from victims of the 2018 high school mass shooting in Parkland, Florida, ruling that sovereign immunity does not apply to negligence claims regarding the events on the day of the shooting.

  • July 30, 2026

    Army Asks 4th Circ. To Rethink Boarding School Burial Ruling

    The U.S. Army wants the Fourth Circuit to rethink a decision that says it must return the remains of two Indigenous children from a former Indian boarding school cemetery to a Nebraska tribe, arguing that if not reversed, it will cause confusion, likely spur more litigation and slow repatriation.

  • July 30, 2026

    3M Wins 11th Circ. Bid To Fight PFAS Suit In Federal Court

    An Eleventh Circuit panel said a judge should have let 3M Co. fight an Alabama town's lawsuit over forever chemical contamination in federal court based on its defense that some pollution may stem from firefighting foams made for the U.S. military.

  • July 30, 2026

    9th Circ. Rules 401(k) Plan Arbitration Clause Unenforceable

    A split Ninth Circuit panel refused Thursday to force individual arbitration of a former asset management company worker's proposed class action alleging 401(k) self-dealing, ruling that an arbitration provision in retirement plan documents was unenforceable because it sought to nullify rights guaranteed by federal benefits law.

  • July 30, 2026

    DA Says Trump's NY Hush Money Conviction Must Stand

    New York prosecutors told a state appellate court that President Donald Trump's 34-count felony conviction for falsifying business records is "unaffected" by the U.S. Supreme Court's watershed presidential immunity decision and should be upheld.

  • July 29, 2026

    X, Ad Group End Fight Over Alleged Ad Boycott Scheme

    Elon Musk's X will no longer pursue its claims that the World Federation of Advertisers schemed to have advertisers boycott the social media company by cutting back on or stopping ad purchases, the company and advertising trade group announced Wednesday.

  • July 29, 2026

    9th Circ. Vacates Orrick Win In Stock Transfer Deal Dispute

    The Ninth Circuit on Wednesday reversed a lower court's finding that Orrick Herrington & Sutcliffe LLP can't be held liable in a battle over a stock transfer agreement gone awry, ruling that California law does allow a party to the transfer to pursue equitable indemnity in the case.

Expert Analysis

  • 3rd Circ. ERISA Ruling Stresses Process Over Perfect Returns

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    The Third Circuit's recent decision in Quest Diagnostics affirms that a sound fiduciary process — not perfect investment returns — defeats Employee Retirement Income Security Act claims, signaling that courts will keep scrutinizing how fiduciaries decide, and sponsors who can show their work should remain protected, say attorneys at Nixon Peabody.

  • Fed. Circ. Licensing Rulings Shed Light On Patentee Standing

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    Two recent decisions from the Federal Circuit provide a useful framework for evaluating whether a patent license agreement preserves a sufficient exclusionary interest to support future patent infringement claims, say attorneys at Venable.

  • Asylum Ruling Signals Larger Separation Of Powers Battle

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    The U.S. Supreme Court’s recent decision in Mullin v. Al Otro Lado that border officials may turn away asylum-seekers without inspection is part of a broader conversation about the reach of institutional safeguards that subject governmental authority to legal constraint, says Dree Collopy at American University's Washington College of Law.

  • Solar's Momentum At Mid-2026 Will Help It Overcome Snags

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    The rapid expansion of U.S. solar development in the first half of 2026 is likely to continue its pace, even amid ongoing shifts in federal trade policy and supply chain regulations, obstacles to permitting reform, and an increasing divide between states enacting policies to encourage or stymie project development, say attorneys at Beveridge & Diamond.

  • How Justices Stayed Off The Geofence In Location Data Case

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    The U.S. Supreme Court's recent Chatrie v. United States decision reaffirms Fourth Amendment protections for location data but avoids more complicated questions about geofence warrants, say attorneys at Adams Duerk.

  • Remote Work Rulings Show ADA Fights Hinge On Process

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    Two opposite outcomes in recent Fifth Circuit and D.C. federal court cases underscore that the legality of denying employees' disability accommodation requests for remote work depends less on broad policy and more on how it's applied, says Paul Sweeney at Ice Miller.

  • Fed Autonomy Rests On Narrow Exception After Justices Rule

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    The U.S. Supreme Court’s recent decisions in Trump v. Cook and Trump v. Slaughter expand presidential removal power while temporarily preserving the Federal Reserve’s independence, but there is uncertainty about which of the Fed’s authorities fall within the court’s narrow monetary-policy exception, says Keith Bradley at Squire Patton.

  • Series

    Being A Magician Makes Me A Better Lawyer

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    The skills I've developed as a lifelong magician have translated directly into tangible benefits in the courtroom because performing magic and trying cases both live at the intersection of psychology, storytelling, timing and disciplined rehearsal, says Mark Dombroff at Fox Rothschild.

  • How Litigants Are Testing Conversion Therapy Ruling's Scope

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    Litigants are already using the U.S. Supreme Court’s recent Chiles v. Salazar ruling, which applied strict scrutiny to Colorado’s conversion therapy ban, to challenge laws limiting algorithmic rental pricing, artificial intelligence-based discrimination and anti-union employer speech, and courts must soon decide Chiles’ First Amendment limits, say attorneys at O'Melveny.

  • How Justices' TPS Ruling Affects Workforce Planning

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    The U.S. Supreme Court’s recent holding in Mullin v. Doe that courts lack jurisdiction to review temporary protected status determinations greenlights the end of TPS for thousands of Syrian and Haitian nationals, and means employers must reevaluate TPS-designees' employability while avoiding discriminatory document practices, says attorney Richard Herman.

  • How Pfizer Won Fed. Circ. Patent Dispute By 1 Carbon Atom

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    The Federal Circuit's recent refusal to revive a patent in Enanta Pharmaceuticals v. Pfizer over an alleged typo creating a one-atom difference in a COVID-19 treatment application hands defendants a template for potentially converting a triable fact question into an early dispositive ruling, say attorneys at Polsinelli.

  • What To Know Before Justices Rule In Title IX Employee Case

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    The U.S. Supreme Court is poised to decide whether Title IX protections extend to employees alleging sex discrimination in Crowther v. Board of Regents of the University System of Georgia, which could have significant implications for higher education institutions and their employees, say attorneys at Ropes & Gray.

  • Fed. Circ. Ruling Highlights The Cost Of Incorrect Inventorship

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    The Federal Circuit's recent decision in Fortress Iron v. Digger Specialties, affirming that a fencing company's patents were invalid due to a missing co-inventor, is a reminder that confirming correct inventorship should be a critical part of every patent invalidity workup, say attorneys at Neal Gerber.

  • Future Of Fed Independence Shaky After Justices' Ruling

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    The U.S. Supreme Court's recent ruling in Trump v. Cook preserved the Federal Reserve's formal independence but could invite the president to remove board members with just modest protections, leaving the central bank's autonomy uncertain and potentially setting up fresh clashes over other agencies, says Steven Schwinn at the University of Chicago.

  • Series

    Mich. Banking Brief: All The Notable Legal Updates In Q2

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    The second quarter brought several notable financial services law developments to Michigan, including a U.S. Supreme Court ruling on state tax foreclosures, progress on a money transmission modernization bill package, and continued legislative momentum on cryptocurrency and mortgage lending, say attorneys at Dykema.

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