Appellate

  • July 14, 2026

    Patent Eligibility Bill Divides Senators Over Health Costs

    Several U.S. senators expressed strong support at a hearing Tuesday for a bill aimed at expanding which inventions are eligible for patents, while others appeared to have reservations about the potential effect of the proposed changes on healthcare costs.

  • July 14, 2026

    Prosecutors Urge NC High Court To Uphold Felon Gun Ban

    Groups representing North Carolina's district attorneys and other law enforcement leaders are urging the North Carolina Supreme Court to uphold a state law barring people convicted of felonies from owning firearms, saying the U.S. Supreme Court has repeatedly held that such laws do not violate the Second Amendment.

  • July 14, 2026

    7th Circ. Says TCPA Do-Not-Call Limit Doesn't Cover Texts

    The Telephone Consumer Protection Act's do-not-call restrictions do not apply to text messages, a Seventh Circuit panel declared Tuesday, roughly six weeks after the panel expressed skepticism during oral arguments that "telephone call" could also mean "text message."

  • July 14, 2026

    Alex Jones' Co. Balks At Sandy Hook Victims' Stay Appeal

    Right-wing conspiracy theorist Alex Jones' media company has urged the Texas Supreme Court to reject a bid by victims of the Sandy Hook Elementary School shooting to license his website, Infowars, to The Onion, arguing the request is defective and the satire publication is already damaging the brand.

  • July 14, 2026

    Ex-Commissioner Urges Colo. Panel To Revive Fee Award Bid

    A former Colorado county commissioner urged the state's appellate court Tuesday to overturn a lower court decision rejecting her bid for the board of commissioners to reimburse her attorney fees for defending against a county-led misconduct investigation.

  • July 14, 2026

    8th Circ. Says Judge Must Explain Community Service Term

    A Missouri man who had his sentence commuted as one of the final official acts of President Joe Biden will continue to be incarcerated after the Eighth Circuit on Tuesday refused to overturn a finding that he violated his probation while in a halfway house.

  • July 14, 2026

    Google Is Wrong, 'Settled Expectations' Is Legal, Justices Told

    Software company VirtaMove has argued that the U.S. Supreme Court should ignore Google's challenge to the U.S. Patent and Trademark Office's policy of using the age of patents as a reason to not review them, saying Google's fight is based on a false foundation.

  • July 14, 2026

    8th Circ. Upholds K-9 Sniff Search In Iowa Meth Bust

    The Eighth Circuit has ruled that an Iowa man who pled guilty to drug possession did not have his constitutional rights violated when a police dog discovered narcotics and firearms in his car, finding that the precipitating traffic stop was not unreasonably delayed by the canine's search.

  • July 14, 2026

    Texas 3% Corporate Law Unfit For Federal Courts, 5th Circ. Told

    A Southwest Airlines Co. shareholder told the Fifth Circuit that Texas' new corporate reform law cannot bar federal lawsuits just because a shareholder owns less than a certain amount of stock, saying the appellate court should revive his lawsuit.

  • July 14, 2026

    Gov't Shouldn't Face Vax Suit Targeting Moderna, Group Says

    Conservative advocacy organization Eagle Forum Education & Legal Defense Fund on Tuesday urged the Federal Circuit to reject a proposal to shift a multibillion-dollar patent infringement case over the COVID-19 vaccine that is targeting Moderna to the federal government, saying doing so would reduce the crucial economic incentives that power innovation in the pharmaceutical industry.

  • July 14, 2026

    Norfolk Southern Asks High Court To Revisit Mallory Case

    Norfolk Southern said Tuesday that the U.S. Supreme Court's 2023 Mallory ruling invited plaintiffs lawyers to wield state business-registration laws to sue out-of-state companies, and the dispute urgently needs to be revisited to stop litigants from unconstitutionally interfering with interstate commerce.

  • July 14, 2026

    DC Circ. Asked To Force FCC's Hand On Petition Against Fox

    An advocacy group urged the D.C. Circuit Tuesday to compel the Federal Communications Commission to review Fox's character fitness as a broadcast licensee after its Philadelphia TV station aired Fox News' 2020 cable election coverage rather than let stand a staff level decision dismissing the group's petition.

  • July 14, 2026

    Mich. Panel Says Airbnb Guest Is Condo Invitee In Injury Suit

    An Airbnb guest who broke his arm after slipping on ice at a northern Michigan condominium complex can proceed with his lawsuit after a state appeals court ruled for the first time that short-term renters are invitees of condominium associations when using common areas. 

  • July 14, 2026

    10th Circ. Revives False Ad Claims Against Hill's Pet Food

    The Tenth Circuit on Tuesday revived part of a proposed class action accusing a pet food maker of falsely claiming a link between grain-free dog food and canine heart disease, holding that some of its webpages and veterinary education materials could be viewed as promoting its grain-based products through unsupported scientific claims.

  • July 14, 2026

    1st Circ. Backs CDC Ban On Importing Dogs Under 6 Months

    The First Circuit has upheld a rule requiring all dogs imported into the U.S. to be at least six months of age, saying the federal Centers for Disease Control and Prevention had shown it was a reasonable measure to fight rabies.

  • July 14, 2026

    GEO Appeals Order Letting Wash. Inspect Tacoma ICE Site

    The GEO Group Inc. has appealed to the Ninth Circuit a federal judge's order instructing the prison contractor to allow Washington state health officials access to a U.S. Immigration and Customs Enforcement processing center in Tacoma.

  • July 14, 2026

    DOJ Asks 9th Circ. Undo Trans Health Ruling Against Premera

    The federal government has backed Premera Blue Cross in its bid at the Ninth Circuit to overturn a Washington federal court's judgment that held the insurance company's coverage policy for gender dysphoria surgery is discriminatory, arguing the decision is out of line with U.S. Supreme Court precedent.

  • July 14, 2026

    DirecTV's Collusion Case Against Nexstar Survives Dismissal

    A New York federal court has refused to toss DirecTV's antitrust case accusing Nexstar Media Group of using a pair of broadcast station owners to demand excessive retransmission fees, after a split Second Circuit panel revived the claims.

  • July 14, 2026

    Fed. Circ. Won't Revive Eyewear Tech Patent Claims

    The Federal Circuit on Tuesday shot down an attempt to bring back claims in a patent covering a sensor in eyewear meant to detect human eye movement, affirming a Patent Trial and Appeal Board decision that the claims were obvious.

  • July 14, 2026

    Ceiling Tile Injury Suit Is Med Mal, Texas Panel Says

    A Texas appeals court has thrown out a woman's suit against a hospital alleging she was injured by a falling ceiling tile while waiting to give birth, saying the fact she was in the middle of medical treatment and also sought claims for lack of follow-up treatment, means her suit is medical malpractice.

  • July 14, 2026

    Justices Seek More Funds Over Increased Threats, Talk Ethics

    U.S. Supreme Court Justices Amy Coney Barrett and Elena Kagan made rare Capitol Hill appearances Tuesday, discussing the court's budget request for fiscal 2027, the "shadow docket" and ethics issues.

  • July 14, 2026

    Clinics Want Medicaid Abortion Stay Lifted After Pa. Court Win

    Allegheny Reproductive Health Center and other healthcare providers on Tuesday asked a Commonwealth Court judge to unfreeze money for Medicaid-funded abortions in Pennsylvania following the court's landmark ruling that the state's coverage exclusions for such abortions were unconstitutional.

  • July 14, 2026

    7th Circ. Backs $25K Cap On 'Business Property' Lost In Fire

    A Chubb unit properly limited coverage to $25,000 for the contents of an Illinois mansion that was destroyed in a lightning-sparked fire, the Seventh Circuit ruled, saying the use of the contents for commercial purposes barred the owner from accessing a higher $3.5 million coverage limit.

  • July 14, 2026

    Litigation Funder Can Keep Award Under Pre-Injury Case Deal

    A litigation funder can keep a $166,000 award from settlement proceeds in a personal injury case, a New Jersey state appeals court ruled Tuesday, finding the business was entitled to the payout after having covered the funding recipient's medical care.

  • July 14, 2026

    Mass. Justices Say Town's Solar Permit Denial Unjustified

    A single zoning board member's objection to tree clearing cannot be the basis for a small Massachusetts town to deny a permit for a solar array, the state's highest court ruled Tuesday.

Expert Analysis

  • Series

    Power To The Paralegals: Burnout As A Structural Problem

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    Law firm leadership can best retain their paralegals not by encouraging self-care, but by seeking top-down structural solutions for the quiet proliferation of responsibilities and the vicarious exposure to client trauma that particularly drive burnout in this vital role, says Erika Sneeringer at Brockstedt Mandalas.

  • Managing Post-IEEPA Tariff Refunds, Replacements And Risks

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    Companies and investors reeling from the rapid changes resulting from February's U.S. Supreme Court ruling that the International Emergency Economic Powers Act doesn't authorize tariffs should focus on understanding the duty refund process, the likely replacement tariffs and the operational ways they can minimize their tariff exposure, say attorneys at Debevoise.

  • 11th Circ. Ruling Reflects Shift In Digital Consent Frameworks

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    The Eleventh Circuit's recent decision in Tejon v. Zeus Networks that a browsewrap terms-of-service hyperlink was insufficiently conspicuous to bind a consumer to an arbitration agreement could accelerate a broader industry shift to clickwrap as the baseline for enforceable digital consent, say attorneys at Sheppard.

  • Class Actions At The Circuit Courts: June Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five recent rulings from cases involving allegations of internet data misuse, consumer fraud claims, immigration, insurance and First Amendment violation claims.

  • Fed. Circ. In May: Being Precise About 'About'

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    The Federal Circuit's decision in Enviro Tech v. Safe Foods last month illustrates the danger in attempting to expand claim scope with words of approximation, potentially causing claims to be invalid for lack of definiteness, say attorneys at Knobbe Martens.

  • Justices' FCC Fine Ruling May Weaken Agency Leverage

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    The U.S. Supreme Court's decision in Federal Communications Commission v. AT&T upheld the commission's forfeiture framework as consistent with Jarkesy, but it is also likely to reduce the effectiveness of the commission’s forfeiture proceedings as a collection and deterrence tool, say attorneys at Venable.

  • Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

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    An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

  • Google Antitrust Case Puts Spotlight On De Facto Exclusivity

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    Mozilla's recent amicus filing in U.S. v. Google arguing that its agreement to make Google the default search engine did not amount to de facto exclusivity highlights the growing debate over traditional indicators of exclusivity, with implications for any business that uses rebates, preferred contracts or volume incentives, says Chris Gowen at WilmU Farnan School of Law.

  • Justices' Montgomery Ruling Doesn't Expand Shipper Liability

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    Whether negligent hiring liability claims against shippers will increase after the U.S. Supreme Court's decision last month in Montgomery v. Caribe Transport II is anyone's guess, but the ruling itself will have no impact on shippers' actual liability in personal injury claims relating to trucking accidents, says Ronald Leibman at McCarter & English.

  • GHG Rescission Undermines State Climate Suit Preemption

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    As the U.S. Supreme Court considers the fate of state climate litigation in Suncor Energy Inc. v. Boulder County, it must confront the fact that the U.S. Environmental Protection Agency's rescission of its greenhouse gas endangerment finding has also removed the foundation for federal preemption of state climate suits, says attorney Gregg Goldfarb.

  • 3rd Circ. Decision Sheds Light On BIPA Bank Exemption

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    The Third Circuit's recent decision in McGoveran v. Amazon illuminates how courts are extending the Illinois Biometric Information Privacy Act's financial institution carveout beyond banks and insurers to technology vendors and other businesses handling biometric data, a defendant-friendly shift that still casts uncertainty around BIPA's enforcement, say attorneys at Dorsey & Whitney.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • Series

    Moshing Makes Me A Better Lawyer

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    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • High Court Ruling Casts Doubt On Status-Based Gun Bans

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    The U.S. Supreme Court’s recent ruling in U.S. v. Hemani demonstrates that the justices are increasingly skeptical of broad theories of categorical disarmament and clarifies that dangerousness cannot simply be presumed from one's status or membership in a statutory category, such as illegal drug use, says Lee Francis at Widener Law.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

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    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

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