Appellate

  • June 18, 2026

    Justices Allow Gun Rights For Marijuana User

    U.S. Supreme Court justices ruled Thursday that the federal government cannot bar a drug user from owning guns, saying that the prosecution of a Texas man accused of owning a gun while being a marijuana user was inconsistent with the Second Amendment right to bear arms.

  • June 18, 2026

    High Court Carves Out Exception For Criminal Appeal Waivers

    The U.S. Supreme Court ruled 8-1 Thursday that criminal defendants who agree in plea deals not to appeal their sentences can still appeal if the sentence would result in a "miscarriage of justice."

  • June 17, 2026

    Eli Lilly Urges Full Fed. Circ. To Scrap Teva's $177M IP Win

    Eli Lilly & Co. urged the full Federal Circuit Wednesday to review a panel ruling that upheld Teva's $177 million jury verdict on headache drug patents, arguing that the panel's decision runs afoul of the justices' Amgen holding and "opens a truck-sized hole in enablement and written description law."

  • June 17, 2026

    Hikma Ruling Raises Patent Pleading Bar Beyond Drug Cases

    The U.S. Supreme Court's decision this month that shut down a patent suit against Hikma Pharmaceuticals USA over a drug using a so-called skinny label could also make it more challenging to plead induced infringement in cases involving other technologies, attorneys say.

  • June 17, 2026

    Tribe Can Take Cannabis Raid Loss To 9th Circ. After Judgment

    A California federal court has cleared the way for the Round Valley Indian Tribes and three tribal members to immediately appeal to the Ninth Circuit the dismissal of their claims that two counties' cannabis enforcement raids on their reservation violated federal law.

  • June 17, 2026

    Ga. Justices Take Up Fight Over Fulton Board Seats

    The Georgia Supreme Court will hear an appeal of a ruling that Fulton County, Georgia's commission did not have to appoint two Republicans to the county's five-member elections board.

  • June 17, 2026

    Fla. Panel Backs Prison Time For Luxury Car Theft Kid

    A man found guilty of stealing luxury cars worth millions as a juvenile cannot have his 15-year prison sentence revoked, a Florida appeals court said Wednesday, finding that his youthful offender community control status was correctly rescinded after he failed to complete boot camp and committed a new crime.

  • June 17, 2026

    ITC, Masimo Tell Full Fed. Circ. To Skip Apple Watch Review

    Masimo Corp. and the U.S. International Trade Commission have pushed back on Apple's request for full Federal Circuit rehearing of a panel decision finding an older version of the Apple Watch infringes Masimo's patents, saying Wednesday the case isn't exceptional enough for such scrutiny.

  • June 17, 2026

    Amazon Urges Fed. Circ. To Halt Patent Suit In Texas

    Amazon has asked the Federal Circuit to force a Texas federal court to pause a suit accusing it of infringing a pair of Headwater Research LLC patents while a similar suit against Google plays out.

  • June 17, 2026

    Hearings Deemed Unnecessary In Some 3rd Country Removals

    The Board of Immigration Appeals said Wednesday that an immigration judge erred in determining that an evidentiary hearing was necessary before deciding whether a Cuban national should be deported to Ecuador under that country's asylum cooperative agreement with the U.S.

  • June 17, 2026

    Fla. Panel Upholds Class Cert. In Apartment Fire Suit

    A Florida appellate panel Wednesday upheld a lower court's class certification for several individuals suing a condominium association over being displaced by a Miami apartment fire, finding objective criteria were used to define the group of people seeking recovery for relocation costs and loss of personal items. 

  • June 17, 2026

    4th Circ. Won't Revive Journalists' Social Media Bias Suits

    The Fourth Circuit refused Wednesday to reopen lawsuits alleging two journalists were fired by a U.S.-funded Middle Eastern media network because they're Iraqi, concluding they couldn't overcome the organization's explanation that the employees violated its social media policy requiring neutrality.

  • June 17, 2026

    6th Circ. OKs 30-Month Medical Fraudster Kickback Sentence

    The Sixth Circuit has ruled in a published opinion that a 30-month prison sentence was correctly calculated for a Tennessee man who was convicted of violating federal anti-kickback laws with his fraudulent door-to-door medical marketing firm.

  • June 17, 2026

    Fed. Circ. Affirms No Block On Stryker Spine Device In IP Fight

    The Federal Circuit on Wednesday agreed with a lower court decision rejecting Boston Scientific Corp.'s request to temporarily block Stryker Corp. from launching a back pain device, saying Stryker made a good enough case that it didn't cause physicians to infringe a patent on the treatment.

  • June 17, 2026

    Venezuela Wins Bid To Delay Hearing In Citgo Sale Case

    The Third Circuit has agreed to a two-month postponement of oral arguments in Venezuela's challenge of a Delaware judge's order greenlighting the nearly $6 billion sale of Citgo to satisfy billions of dollars of the country's debt, days after Caracas announced that it was switching counsel.

  • June 17, 2026

    Colo. Says It's Clear: EPA Rebuffed Haze Plan To Prop Up Coal

    Colorado on Tuesday urged the Tenth Circuit to vacate the U.S. Environmental Protection Agency's rejection of the state's plan to limit regional haze, calling the agency's argument that closing a coal-fired power plant might be unconstitutional under the Fifth Amendment a "pretext for propping up" the industry.

  • June 17, 2026

    Luxottica, Ex-Worker End Pension Suit Over Annuity Benefits

    Luxottica and a former worker who challenged the company's methodology for paying annuity benefits agreed Wednesday to resolve a proposed class action, a month after the nation's highest court declined the eyewear-maker's bid to review a Second Circuit ruling keeping some of her claims out of arbitration.

  • June 17, 2026

    Employer Didn't Control Benefits In Death Case, 3rd Circ. Says

    A Third Circuit panel on Wednesday upheld the dismissal of a man's lawsuit alleging his late wife's employer improperly denied life insurance benefits, finding the employer had no control over whether benefits were paid out.

  • June 17, 2026

    Ga. High Court Allows Rape Evidence In Separate Murder Trial

    The Georgia Supreme Court has ruled that prosecutors can bring in evidence of rape and aggravated sexual battery as part of a man's parallel malice murder case in the killing of an Atlanta woman.

  • June 17, 2026

    NC Clinic, School District Must Face COVID Vax Challenge

    A North Carolina state appeals panel issued its second opinion in a lawsuit from the mother of a teenager who alleged he was vaccinated for COVID against his will, finding Wednesday that she adequately put forward constitutional claims and can pursue allegations against a school district and medical society clinic in trial court.

  • June 17, 2026

    Mich. Court Says Rental Cap Affects Senior Care Home Value

    The Michigan tax tribunal wrongly ruled that a senior care facility's low-income units shouldn't be considered when assessing the property, a state appeals court panel said, remanding the case back to determine its valuation considering the rental restrictions.

  • June 17, 2026

    Sanctioned IP Atty Tells Fed. Circ. 'Integrity' On The Line

    An attorney who was sanctioned in a trade dress infringement case due to what a judge said were his repeated misrepresentations has asked the Federal Circuit to lift the penalties against him and his client, saying his "professional and personal integrity, and my family, depends on it."

  • June 17, 2026

    Panel Says No Ban On Concealed Guns For Those Under 21

    A Florida appellate panel on Wednesday ruled against a state law prohibiting 18- to 20-year-olds from carrying concealed firearms, saying the ban is unconstitutional. 

  • June 17, 2026

    Pa. Land Trust's Exemption Must Be Revisited, Court Rules

    A Pennsylvania trial court must reconsider the charitable use of land owned by a trust under an analysis provided by the appellate Commonwealth Court and reevaluate whether the land is eligible for a charitable tax exemption, the appellate court ruled Wednesday.

  • June 17, 2026

    Trade Desk, Investor Spar Over Emails In Nevada Move Appeal

    A stockholder and The Trade Desk Inc. urged the Delaware Supreme Court on Wednesday to reach opposite conclusions about whether the advertising technology company must turn over director emails and other informal communications tied to its move from Delaware to Nevada.

Expert Analysis

  • 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.

  • What's Next After Justices' Last-Mile Driver Arbitration Ruling

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    The U.S. Supreme Court's recent decision in Flowers Foods v. Brock, refusing to narrow the scope of a Federal Arbitration Act exemption for workers engaged in interstate commerce, gives previously unprotected workers access to litigation, but preserves two potentially powerful arguments for future proceedings, say attorneys at Husch Blackwell.

  • Series

    The Biz Court Digest: Shoring Up Corporate Law In Maryland

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    Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

  • How End Of SEC 'Gag Rule' Affects Free Speech Certiorari Bid

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    The Securities and Exchange Commission's recent rescission of the so-called gag rule, which forbade defendants in settlements from denying the SEC’s allegations, may sway the outcome of a petition to the Supreme Court in a case challenging the rule on First Amendment grounds, say attorneys at Troutman.

  • 2nd Circ.'s Embedded Video Ruling May Protect Publishers

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    The Second Circuit's recent decision in Richardson v. Townsquare, dismissing an infringement claim arising from an embedding of a YouTube-hosted interview, reaffirms a potent defense for publishers who regularly use social media platforms' embed functionality, says Amanda Harris at Jassy Vick.

  • Federal Officer Removal After Justices' La. Pollution Ruling

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    In the wake of the U.S. Supreme Court's recent ruling in Chevron USA v. Plaquemines Parish, companies seeking to use federal officer removal to move litigation out of state court should ask three questions, focusing on government contract language, federally directed activity and related conduct, say attorneys at Hollingsworth.

  • Series

    Competing At Poker Makes Me A Better Lawyer

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    Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

  • Revisiting TransUnion's Underused Standing Rule, 5 Years On

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    The Ninth Circuit Court of Appeals' recent use of the U.S. Supreme Court’s now five-year-old TransUnion v. Ramirez rule specifying that the "mere risk of future harm" isn't concrete enough to support a damages claim presents an opportunity to revisit this underutilized standing rule, say attorneys at Horvitz & Levy.

  • 5 Things Associates Must Ask About Their Firm's Merger Plan

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    The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

  • Uncertainty Looms After Justices' Withdrawal Liability Ruling

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    The U.S. Supreme Court's recent holding in M&K Employee Solutions v. Trustees of the IAM National Pension Fund increases the unpredictability of withdrawal liability assessments, so employers should prepare for a range of assessments and be equipped to challenge unreasonable ones, say attorneys at Winston Taylor.

  • CFTC Trading Rule Can't Police Prediction Markets Yet

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    The Commodity Futures Trading Commission’s recent efforts to police insider trading in prediction markets through a post-Dodd-Frank anti-fraud rule exposes doctrinal gaps around misappropriation theory, leaving platforms to fill the void with win-rate-based surveillance, says attorney Tamara de Silva.

  • Columbia Software IP Ruling Tests Royalty Damages Model

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    The Federal Circuit's recent decision in Columbia University v. Gen Digital, vacating a damages verdict involving foreign software sales, provides guidance on ambiguities surrounding the worldwide royalty damages model established by the court's decision in Brumfield v. IBG two years ago, say attorneys at Munger Tolles.

  • Turning To The Courts When PBM Reform Falls Short

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    The effectiveness of state laws intended to regulate pharmacy benefit managers remains uncertain, but litigation — utilizing tried-and-true theories like breach of contract and fair dealing — offers another mechanism through which stakeholders may seek relief from PBMs, say attorneys at Reed Smith.

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