Appellate

  • October 14, 2026

    Justices Appear Wary Of Broad Reach For Video Privacy Law

    Several U.S. Supreme Court justices seemed hesitant Wednesday to take a more expansive view of the online activities protected by the Video Privacy Protection Act, raising concerns that such an approach would buck the statute's original intent and invite a flood of litigation against a wide range of companies.

  • October 14, 2026

    10th Circ. Backs Asset Freeze In SEC Case Against Biotech

    The Tenth Circuit on Wednesday backed a lower court's order freezing a biotech firm's assets in a suit brought by the U.S. Securities and Exchange Commission accusing the company and its founders of misappropriating roughly $9 million.

  • October 14, 2026

    3rd Circ. Questions Limits On Review Of Removal Orders

    The full Third Circuit on Wednesday pressed the government on its position that courts can't review removal protection claims tied to reinstated deportation orders, questioning whether that would leave some noncitizens with limited or no judicial recourse.

  • October 14, 2026

    Havana Docks Wants $440M Cruise Cos. Judgment Revived

    The Eleventh Circuit is taking up a case on remand from the U.S. Supreme Court related to a $440 million judgment against four cruise companies for trafficking in property seized by Cuba, with ex-concessionaire Havana Docks Corp. arguing a lower court decision should be reinstated.

  • October 14, 2026

    High Court Won't Pause Mich. Activist Pretrial Jail Order

    The U.S. Supreme Court has rejected a bid by a self-described "antifa" member to halt a Sixth Circuit order sending him back to jail pending charges that he cyberstalked and threatened a social media supporter of U.S. Immigration and Customs Enforcement.

  • October 14, 2026

    Texas Court Wipes Out $8.9M Verdict In Shopper Assault Suit

    A Texas appellate court has overturned an $8.9 million verdict in favor of a grocery store customer who was assaulted by another shopper and suffered severe injuries, saying a certain negligence claim was improperly submitted to the jury.

  • October 14, 2026

    DC Circ. Not Fan Of EPA's Citation Habits In Methane Appeal

    The D.C. Circuit didn't seem too sure Wednesday morning whether the U.S. Environmental Protection Agency had behaved how it ought to have when extending compliance deadlines for initiating requirements to reduce methane pollution from the oil and gas sector.

  • October 14, 2026

    3rd Circ. Backs Pa. Regulator In Pipeline Approval Fight

    The Third Circuit on Wednesday affirmed a Pennsylvania regulator's approval of a Transcontinental Gas Pipe Line Co. project, ruling there was no evidence the water quality information pushed by environmental groups would have altered the outcome of the application.

  • October 14, 2026

    2nd Circ. Skeptical Of Reviving $4.4M 'Multiplex' COVID Suit

    A Second Circuit judge cast doubt Wednesday on a Connecticut medical practice's claim that insurers owe $4.4 million for COVID-19 testing, noting that the tests at issue were actually for nearly two dozen viruses and were vastly more expensive than those that only detected the novel coronavirus.

  • October 14, 2026

    US Backs Alaska In High Court Fight Over Plane Forfeiture

    The federal government has told the U.S. Supreme Court that Alaska is well within its right to confiscate "instrumentalities of crime" and the state's attempted forfeiture of an 83-year-old bush pilot's $95,000 plane for transporting a six-pack of beer to a dry village wasn't excessive.

  • October 14, 2026

    FirstEnergy Beats 3rd Circ. Appeal In Fatal Catwalk Fall Suit

    The mother of a construction worker killed by a collapsing catwalk can't sue the former operator of a Pennsylvania power plant because she hadn't shown FirstEnergy Corp. retained sufficient control over a demolition contractor to share liability, a split Third Circuit panel ruled Wednesday.

  • October 14, 2026

    Fla. Can Seek Death Penalty After Improper Waiver, Panel Says

    A Florida appeals court on Wednesday denied a defendant's bid to reconsider a ruling that allows prosecutors to seek the death penalty against him, finding that a death penalty waiver filed in his initial murder case had been improperly applied to a later superseding indictment.

  • October 14, 2026

    9th Circ. Blocks Calif. Law Requiring Fed Agents To Show IDs

    A Ninth Circuit panel on Wednesday reversed the implementation of a California law requiring federal agents to display identification, saying the Trump administration is "certain to succeed" on its argument that the state statute violates the U.S. Constitution's supremacy clause.

  • October 14, 2026

    Mass. Top Court Rejects Trade Secret Harm 'Presumption'

    Massachusetts' highest court on Wednesday declined to rule that a strong trade secrets case can establish a presumption of irreparable harm and entitle the owner of the secrets to a preliminary injunction.

  • October 14, 2026

    Litigation Funding Partners Clash Over Shift In Del. High Court

    Priority Pre-Settlement Funding LLC and Brett K. Findler urged the Delaware Supreme Court on Wednesday to revive claims accusing Findler's former business partner of quietly shifting their litigation-finance business into hedge funds the partner controlled, while the other side argued Findler knew about the new structure, agreed to it and helped put it in place.

  • October 14, 2026

    Panel Won't Revive Doctor's MedMal Suit Against Emory

    A Georgia appeals court declined Wednesday to reinstate a doctor's lawsuit against Emory Healthcare, ruling that the doctor's bankruptcy proceedings didn't extend the state's five-year deadline for bringing medical malpractice claims.

  • October 14, 2026

    Ohio High Court Raises Bar For Preindictment Delay Claims

    The Ohio Supreme Court on Wednesday ruled that prosecutors did not illegally delay charges when they brought a homicide charge against a father nearly 16 years after his daughter died, in an opinion that undid decades of case law in the state.

  • October 14, 2026

    Jenzabar Investors Ask Del. Justices To Revive $55M Suit

    Jenzabar Inc. and former members of New Media Investors II LLC, an investment vehicle formed to hold Jenzabar securities, clashed before the Delaware Supreme Court on Wednesday over whether the investors can revive their suit seeking roughly $55.25 million tied to the higher education software company's stock warrants, even though the investment vehicle was canceled in 2017.

  • October 14, 2026

    Fed. Circ. Upholds Patent Denial In SAWS-Bias Challenge

    The Federal Circuit on Wednesday swiftly upheld the U.S. Patent and Trademark Office's decision to deny an inventor's internal combustion engine patent application after he argued his constitutional rights were violated when his case was sent to the USPTO's controversial, now-discontinued Sensitive Application Warning System, or SAWS, program.

  • October 14, 2026

    11th Circ. Says Fla. Can Enforce Social Media Teen Ban

    The Eleventh Circuit has ruled that Florida can enforce its restrictions on social media for children, vacating and reversing a preliminary injunction that blocked the state's enforcement.

  • October 14, 2026

    Trade Court Can Order Refunds Without Suits, Fed. Circ. Told

    A subset of importers shouldn't be required to file suits at the U.S. Court of International Trade to receive refunds for tariffs paid that were deemed unlawful by the U.S. Supreme Court, the U.S. Chamber of Commerce and a technology trade organization told the Federal Circuit.

  • October 14, 2026

    Pa. County Urges Appeals Court To Revive Climate Suit

    A Pennsylvania county's lawsuit that accuses oil companies of concealing the impacts of fossil fuels on climate change isn't preempted by federal law and should be revived, a state appellate court heard Wednesday.

  • October 14, 2026

    Trustee Asks 1st Circ. To Nix Shuttered Bank Owner's Claims

    A Puerto Rico federal court properly dismissed claims against a trustee appointed to administer the receivership of a shuttered online bank suspected of facilitating tax evasion and money laundering, he told the First Circuit, saying he's entitled to 11th Amendment immunity because he was sued in his official capacity.

  • October 14, 2026

    Ga. Justices Zero In On Precedent In Election Board Battle

    The Georgia Supreme Court on Wednesday considered whether a decades-old state high court ruling allows Fulton County officials to reject two of the county Republican Party's nominees for the local election board, hinting that precedent could support the county's power to turn away the would-be board members.

  • October 14, 2026

    Full Fed. Circ. Won't Review Brick Duty Definition Holding

    The Federal Circuit said Wednesday that it won't reconsider its determination that the U.S. Court of International Trade properly found duty orders on certain heat-resistant bricks lack specific chemical makeup parameters, despite a claim the ruling ran afoul of precedent and will cause "devastating harm."

Expert Analysis

  • Opinion

    Fed. Circ. Should Redefine Functionality In Design Patents

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    The Federal Circuit should establish a framework for identifying the relevant article of manufacture to which functionality analysis applies, in order to enhance doctrinal clarity and better reflect the statutory foundations of design patent law, say attorneys at Knobbe Martens.

  • 9th Circ. Ruling Marks New Chapter In Risk Factor Tug-Of-War

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    The Ninth Circuit's recent dismissal of a securities fraud class action against SunPower is the latest in a growing line of cases addressing whether, if ever, a company's risk factor disclosures can give rise to potential liability, an area where the law remains unsettled, say attorneys at Alston & Bird.

  • Where AI Patent Risk Begins And How Records Can Help

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    The Federal Circuit's recent decision in Dental Monitoring v. Align highlights the importance of documenting how artificial intelligence-assisted inventions work, and how humans contributed, as such records can support inventorship, written description, eligibility and definiteness requirements, say attorneys at Sterne Kessler.

  • Harvard Morgue Deal Shows Stakes Of Good Faith Immunity

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    Harvard's recent $53 million payment to settle lawsuits concerning body part thefts from its medical school morgue spotlights the state’s Uniform Anatomical Gift Act, which only extends good faith immunity to anatomical donation stakeholders if certain conditions are met, says Christina Strong at Dilworth Paxson.

  • 4 Words In A 1980 Law Could Redraw Bank Lending

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    The Tenth Circuit's interpretation of a single phrase in the Depository Institutions Deregulation and Monetary Control Act could reshape interstate bank lending, requiring banks and fintechs to document loan-making functions, monitor repayment triggers, and reassess true lender and contractual risks, say attorneys at Sheppard.

  • Series

    Law School's Missed Lessons: Cultivating Good Judgment

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    Law schools generally overlook the role that solid judgment skills play in real-world practice, but attorneys can bridge the gap by strengthening their abilities to assess a case’s strengths and weaknesses, develop and execute effective strategies, and provide clear recommendations to clients, says Manny Caixeiro at Venable.

  • New Del. Corp. Law's Technical Tweaks Bring Broad Changes

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    While the new amendments to the Delaware General Corporation Law, which took effect on Aug. 1, appear technical, they have broad implications for wound-down corporations and carry personal exposure for whoever signed the certificate of dissolution, hinting at where entity law is heading next, says Ashwin Ram at Buchalter.

  • 5th Circ. Ruling Hints At Loper Bright's Effect On OSHA Suits

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    The Fifth Circuit's recent decision in Exxon Mobil v. Occupational Safety and Health Review Commission relied on Loper Bright to narrow the scope of illnesses that employers must record, signaling that courts may continue to scrutinize agency assertions that deference is due, say attorneys at Ogletree.

  • Loper Bright Unlikely To Upend DEA Rescheduling Challenges

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    As cannabis industry stakeholders await a U.S. Drug Enforcement Administration ruling on broader cannabis rescheduling, the U.S. Supreme Court's 2024 decision in Loper Bright to eliminate judicial deference to agency decisions should not dramatically affect cannabis rescheduling litigation risk, but it could marginally strengthen proponents' hand if the DEA denies rescheduling, say attorneys at Dentons.

  • Money Transmission Issue Looms For Prediction Markets

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    The circuit split recently created by the Ninth Circuit's ruling in Kalshi v. Assad has implications reaching beyond gaming regulation as, depending on the ultimate characterization of prediction market event contracts, platforms may face differing obligations under federal and state money transmission laws, say attorneys at Manatt.

  • The Deep Split Over Mandatory Detention, And What's Next

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    The government’s mandatory detention policy for noncitizens who entered the U.S. without inspection has led to a spate of decisions this year, with nine circuits rejecting the government's reading of the Immigration and Nationality Act against two that have accepted it, making the issue ripe for U.S. Supreme Court review, says attorney Kemal Hepsen.

  • Intersecting Investigation Risks Loom In Next Congress

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    Taken together, two July D.C. Circuit decisions and a recent U.S. Department of Justice opinion on executive privilege may affect the procedural defenses and privilege protections available to targets of oversight in the upcoming Congress, and companies should begin preparing now, say attorneys at WilmerHale.

  • Vanda Ruling Offers New Guide To Generic Labeling Disputes

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    The D.C. Circuit's recent decision in Vanda Pharmaceuticals v. U.S. Food and Drug Administration is significant for its guidance on when generic-drug labeling remains sufficiently similar to brand labeling and when a difference requires a statutory exception, says Shashank Upadhye at Upadhye Tang.

  • 9th Circ. Comet Ruling Spotlights Trade Secret Proof Burdens

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    The Ninth Circuit’s recent decision to vacate a $40 million verdict awarded to Comet Technologies in its trade secret dispute with XP Power underscores how the burden of proof differs between federal and state law, giving litigants a fresh perspective on several issues, including how a jury should be instructed, say attorneys at Cooley.

  • Attorneys Using AI May Have Ethical Duty To Redact Docs

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    The trajectory of legal ethics guidance in recent years strongly suggests that as redaction technology becomes more accessible, the failure to use it when uploading highly confidential materials into artificial intelligence tools will become increasingly difficult to defend as reasonable, say attorneys at Lewis Brisbois.

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