Appellate

  • August 05, 2026

    11th Circ. Clarifies When Bad Atty Claim Favors Removal Redo

    The Board of Immigration Appeals erred in denying a Guatemalan national's bid to reopen his case due to ineffective counsel, the Eleventh Circuit has ruled, finding the man did not have to specifically file a complaint with the relevant state bar.

  • August 05, 2026

    NJ Justices Nix Extra COVID Pay For School Custodians

    The New Jersey Supreme Court ruled Wednesday that a state law passed during the COVID-19 pandemic properly barred school custodians from claiming extra emergency pay under their collective bargaining agreement, finding that the law required employees to be treated as if schools had stayed open.

  • August 04, 2026

    5th Circ. Confronts Intervention Row In Prairie-Chicken Suit

    A Fifth Circuit panel appeared skeptical of a U.S. government attorney's assertion that an environmental advocacy group waited too long to enter a lawsuit to contest the Trump administration's decision to scrap an endangered species listing for the lesser prairie-chicken.

  • August 04, 2026

    5th Circ. Hints Texas App Age-Check Law Needs More Review

    A Fifth Circuit panel wanted to know whether the lower court should have gone "provision by provision" before halting a Texas law that requires app store owners to block minors from downloading apps without parental consent, suggesting the lower court needed to do more while weighing the legislation's constitutionality.

  • August 04, 2026

    Colo. Panel Mulls Med Mal Retrial Bid Over Pretrial Meeting

    A Colorado man urged a state appellate court Tuesday to order a new trial in his medical malpractice lawsuit in which jurors sided with his physicians, arguing to a skeptical panel that the defense's ex parte pretrial meeting with his own treating surgeon caused him prejudicial harm.

  • August 04, 2026

    3rd Circ. Won't Give Ex-Olympus Exec Another Go At FCA Suit

    The Third Circuit has declined to revive a whistleblower suit by Olympus Corp.'s former employee who claimed he was fired after reporting FDA regulatory violations, ruling Tuesday that he failed to state a retaliation claim under the False Claims Act since he didn't link his concerns to a reasonable belief that Olympus defrauded the government.

  • August 04, 2026

    11th Circ. Backs $12M Battery IP Award, But Drops Damages

    The Eleventh Circuit on Tuesday affirmed a Florida federal jury's conclusion that a battery charger company infringed a competitor's trademarks with Amazon advertisements and other communications and upheld a $12.1 million disgorgement order — although it ordered a new trial on a separate $1.3 million damages award.

  • August 04, 2026

    DC Circ. Says Feds' $629M Settlement Belongs In Terror Fund

    The federal government must deposit $629 million earned from settled bank fraud and sanctions violation charges against a tobacco company into a fund supporting victims of state-sponsored terror, the D.C. Circuit ruled Tuesday, favoring two victims of terror attacks in Lebanon.

  • August 04, 2026

    9th Circ. Upholds Jurisdiction In $22M Chinese Debtor Case

    The Ninth Circuit ruled in a published opinion Monday that a physically present defendant need not be personally served in order for a court to have personal jurisdiction, affirming the enforcement of a $22.2 million Chinese arbitral award in a case centering on a defaulted loan.

  • August 04, 2026

    5th Circ. Revives Penske Vicarious Liability Suit

    The Fifth Circuit Tuesday revived a lawsuit alleging trucking services giant Penske Logistics LLC and its freight broker affiliate Penske Transportation Management LLC are vicariously liable for a fatal 2018 Texas collision, after the U.S. Supreme Court's recent Montgomery ruling reshaped brokers' liability exposure.

  • August 04, 2026

    DC Circ. Upholds Injunction Forcing EPA To Fund Clean Energy

    A split D.C. Circuit affirmed a lower court decision blocking the Trump administration from freezing $20 billion in clean-energy grant money Tuesday, overturning a divided circuit panel decision from September that vacated the injunction and would have allowed the administration to claw back the funding.

  • August 04, 2026

    Fla. High Court Won't Touch Reversal Of $213M 'Maya' Award

    The Florida Supreme Court said Tuesday it would not hear the appeal of a decision that reversed a $213 million judgment against a Florida hospital in favor of Maya Kowalski, the subject of the Netflix documentary "Take Care of Maya."

  • August 04, 2026

    5th Circ. Weighs KKK Act For 'Trump Train' Driver

    A Fifth Circuit judge wanted to know why the Ku Klux Klan Act should apply to a member of the "Trump Train" convoy who collided with a campaign vehicle in 2020, questioning Tuesday whether supporters of then-presidential nominee Joe Biden fell under the law's description.

  • August 04, 2026

    Mich. Trooper's Bias Claim Barred By 6-Month Notice Rule

    A state trooper's disability discrimination claim against the Michigan State Police qualifies as a personal injury claim subject to a six-month notice deadline, a Michigan appellate court has determined. 

  • August 04, 2026

    Search Rival, Advocates Back DOJ Against Google In DC Circ.

    Academics, policy experts, advocacy groups and several rivals lent their voices Tuesday to the U.S. Department of Justice's defense of its monopolization win over Google, while urging the D.C. Circuit to strengthen the "relatively modest remedies" they say leave Google able to dominate both search and artificial intelligence.

  • August 04, 2026

    Workers Should Get Back Pay In RLA Dispute, 9th Circ. Says

    A California federal judge erred by refusing to order an airline caterer to provide its workers with back pay after a healthcare dispute with a union, a split Ninth Circuit ruled Tuesday, saying the Railway Labor Act violation committed by the caterer occasioned a back pay award.

  • August 04, 2026

    Ex-Team Owner Says PR Baseball League Can't Escape Suit

    The former owner of a Puerto Rican baseball team is looking to keep his antitrust suit against the league afloat, telling a federal judge that the league's efforts to snuff out the case are premature.

  • August 04, 2026

    Day Pitney Dropped From Suit Over Ex-Justice's Involvement

    A Connecticut state court judge allowed Day Pitney LLP to withdraw from a $1.3 million corporate windup feud after the involvement of one of its partners, a former chief justice on the state Supreme Court, came to light, negating the defendants' call for an evidentiary hearing on a motion to disqualify the firm.

  • August 04, 2026

    Full 11th Circ. Says Fla. Can Enforce Drag Show Law

    A full panel of Eleventh Circuit judges on Tuesday handed a win to Florida and issued a split opinion vacating an order halting enforcement of a state law prohibiting children at drag shows, finding it wasn't unconstitutionally vague and that the lower court lacked authority to issue a broad injunction.

  • August 04, 2026

    9th Circ. Vacates Amazon's Block On Perplexity AI Bot

    The Ninth Circuit on Tuesday vacated a lower court's preliminary injunction preventing Perplexity's artificial intelligence tool from purchasing items for users on Amazon's platform, saying the online retailer is unlikely to prevail on its claim that the AI tool "accessed" its servers in violation of computer hacking laws.

  • August 04, 2026

    NJ Justices Limit Part Of Child Sex Abuse Law's Retroactivity

    The New Jersey Supreme Court said Tuesday that a 2021 amendment to the Child Sexual Abuse Act that expanded the scope of liability to public schools applies only prospectively, holding that the change was substantial and that its prospective application is confirmed by the plain language of the legislation.

  • August 04, 2026

    Fla. AG Requests Impeachment Probe Into 11th Circ. Judge

    Florida's Attorney General said Monday he is asking Congress to open an impeachment inquiry into U.S. Circuit Judge Nancy Abudu because of work she did before ascending to the Eleventh Circuit bench for the Southern Poverty Law Center.

  • August 04, 2026

    11th Circ. Lets Honeywell Move Pollution Case To Fed. Court

    The Eleventh Circuit said a Georgia city's case against Honeywell International Inc. and The Georgia Power Co. over the alleged pollution of waterways and property does not belong in state court, siding with the companies in their effort to undo a lower court's decision to remand the dispute.

  • August 04, 2026

    Climate Crisis Costs Top $8B In Indian Country, Justices Told

    More than a dozen Indigenous nations, federal Indian law professors and tribal organizations are backing Boulder County, Colorado, in the Supreme Court, telling the justices that climate change has already caused roughly $8 billion in disruptions across Indian Country, yet the federal government provides only $400 million to mitigate them.

  • August 04, 2026

    RJR Urges Fla. Appeals Court To Toss $34M Smoker Verdict

    R.J. Reynolds asked a Florida appeals court Tuesday to undo a $34.5 million verdict for the death of a 38-year-old smoker, arguing the smoker's widow never showed at trial that he relied on allegedly fraudulent statements by the tobacco company about the danger of cigarettes.

Expert Analysis

  • Monsanto Ruling Bolsters Generic Drug Labeling Preemption

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    The U.S. Supreme Court's recent decision in Monsanto Co. v. Durnell concerns herbicide labeling regulated by the Federal Insecticide, Fungicide, and Rodenticide Act, but also carries weighty implications for preemption of state law labeling claims against drug manufacturers, say Terry Henry and Ann Querns at Blank Rome and Melanie Leney at Aurobindo Pharma.

  • Justices' Tax Sale Ruling Tees Up Auction Fairness Battles

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    The U.S. Supreme Court’s recent decision in Pung v. Isabella County, Michigan, that taxpayers are not entitled to fair market value of real property seized to satisfy a tax debt shifts attention to the fairness of state and local auction procedures, and whether taxpayers claiming surplus proceeds face unwarranted hurdles, say attorneys at Miller Canfield.

  • Why The 2nd Circ. Upheld Beneficial Ownership Blockers

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    The Second Circuit recently held that a properly drafted contractual blocker — which caps an investor's beneficial ownership below 10% and automatically voids any transaction that would breach the cap — shields the investor from Section 16(b) liability, demonstrating that blockers have teeth, say attorneys at Sheppard.

  • Patent Eligibility Reforms Keep Chasing The Wrong Fixes

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    Repeated efforts to create a consistent, predictable patent eligibility standard under Section 101 have centered on replacing judge-made exceptions with new statutory language, but the better fix is to align examination standards with how courts actually apply eligibility doctrine, says former Patent Trial and Appeal Board judge Amee Shah.

  • Opinion

    Qualified Immunity Bill's Reach Goes Beyond Federal Officers

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    The federal Qualified Immunity Abolition Act, introduced earlier this year and described by the bill sponsors as a federal-officer measure, would in actuality reach the entire universe of Section 1983 defendants, a distinction that matters as much to defense counsel as to plaintiffs, says attorney V. James DeSimone.

  • Where The Justices Aligned In Appellate Authority Ruling

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    The real story of the U.S. Supreme Court’s recent ruling in T.M. v. University of Maryland Medical System Corp., finding that a doctrine designed to curtail duplicative litigation prevents federal district courts from reviewing state court decisions, is in how the justices together revisited an obscure, century-old jurisdictional doctrine, says Alex Dimitrief at Zeughauser Group.

  • How High Court Pepsi Case Could Brew TM Strategy Shift

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    The U.S. Supreme Court's forthcoming decision in RiseandShine v. PepsiCo will determine whether a judge or jury decides trademark strength in infringement disputes, which could meaningfully change early-stage motion practice, discovery and what evidence is needed to prove a mark is strong, says Rachel Scobie at Merchant & Gould.

  • State Of Insurance: Q2 Notes From Pennsylvania

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    Todd Leon at Marshall Dennehey highlights notable second-quarter insurance developments in Pennsylvania, including federal court opinions providing guidance on first-party and third-party insurance coverage principles, and a pending bill seeking to regulate health insurers' use of artificial intelligence.

  • High Court, SEC Proposals Set Stage For Further Fund Reform

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    The U.S. Supreme Court's recent decision in FS Credit Opportunities v. Saba Capital Master Fund and the U.S. Securities and Exchange Commission's proposed rulemaking packages aimed at public market reforms provide a constructive backdrop for considering additional innovations to the listed fund structure, say attorneys at Debevoise.

  • Series

    Judges On AI: Examining Administrative, Organizational Uses

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    U.S. District Judge Alan Albright of the Western District of Texas examines how artificial intelligence could transform a court's ability to deal with administrative work and organize materials when preparing for hearings or drafting opinions, thereby affording judges more time to resolve contested issues.

  • Why 4th Circ.'s Clean Water Act Injunction Ruling Matters

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    The Fourth Circuit's ruling last month in West Virginia Rivers Coalition v. Chemours, holding that a Clean Water Act permit violation does not automatically create a presumption of irreparable harm that requires a preliminary injunction, avoided a dramatic change in CWA enforcement, say attorneys at Hunton.

  • USPTO-Fed. Circ. Split Complicates Machine Learning Patents

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    The wide chasm between the USPTO's and the Federal Circuit's approach to eligibility for machine learning patents means that patent drafters must avoid functional claiming and specifications if they hope to avoid invalidation of a machine learning patent at the appellate court, says attorney Michael Kiklis.

  • How 9th Circ. 'Shadow Trading' Case May Affect Private Credit

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    Private credit firms should not wait for a result in the Ninth Circuit appeal in U.S. Securities and Exchange Commission v. Panuwat to address material nonpublic information exposure under existing statutes and take steps to ensure their internal policies and surveillance are ready for increased regulatory scrutiny, says Steve Brown at StarCompliance.

  • 4 Cert. Denials Keep Personal Jurisdiction Issues Percolating

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    After the U.S. Supreme Court's decisions in Ford Motor v. Montana and Mallory v. Norfolk Southern Railway expanded limits on personal jurisdiction, the justices' denials this term of four certiorari petitions suggest they are content to let jurisdiction questions brew in lower courts before weighing in, say attorneys at Hunton.

  • Class Actions At The Circuit Courts: July Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings involving wage and hour allegations, medical care for incarcerated individuals, oil and gas royalty payments, and nuisance claims.

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