Appellate

  • 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.

  • July 14, 2026

    5th Circ. Undoes BP Retirees' Pension Info Suit Win

    The Fifth Circuit unraveled a Texas court's judgment against BP that held the oil giant was liable to company retirees for miscommunicating their pension benefits' value following a plan conversion, holding on Tuesday that the lower court didn't perform a rigorous enough standing analysis.

Expert Analysis

  • Series

    NY Times Word Puzzles Make Me A Better Lawyer

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    Every morning I let The New York Times humble me with word games, which offer a chance to recalibrate my brain before the day's chaos arrives and remind me that a solution — whether to a puzzle or employment law issue — almost always exists once I find the right angle, says Amy Epstein Gluck at Pierson Ferdinand.

  • Tracking Tech Suit Is A Risk Management Reminder For Cos.

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    The Fifth Circuit recently heard oral argument in Rand v. Eyemart Express — an appeal that could reshape the legal landscape for businesses that deploy tracking tech on their websites — underscoring the importance of proactive risk management for companies across multiple industries, say attorneys at Blank Rome.

  • Series

    Law School's Missed Lesson: Diagnose Before Arguing

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    Law school often skips over explicitly teaching students how to determine what kind of problem a case presents before they commit to a particular doctrinal path, which risks building arguments that are internally coherent but externally misaligned, says Melanie Oxhorn at Kobre & Kim.

  • A Fed. Circ. Blueprint For Drafting Medical Device Patents

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    The Federal Circuit's decision in Constellation Designs v. LG last month, among other recent rulings, underscores the importance of emphasizing engineering, rather than clinical goals, when drafting patent claims for medical devices and software as a medical device, says Brandon Theiss at Volpe Koenig.

  • Decoding Arbitral Disputes: EU's Arb. Defense From Russia

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    The EU's latest package of restrictive measures against Russia marks a significant shift from merely resisting Russian jurisdictional tactics to proactively protecting arbitration and exclusive jurisdiction agreements, elevating the procedural importance of dispute resolution clauses, says Josep Galvez at 4-5 Gray's Inn Square.

  • Becoming The Biz-Savvy GC That Portfolio Companies Need

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    Candidates for general counsel roles at private equity-backed portfolio companies should prioritize proving their sector-specific experience, commercial judgment and ease with uncertainty — and attorneys hoping to be candidates in five to 10 years should start working on those skills now, says Dimitri Mastrocola at Major Lindsey.

  • Nielsen Appeal Tests Antitrust Limits Of Pricing And Bundling

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    In Cumulus v. Nielsen, the Second Circuit is considering a structural pattern in which a monopolist exploits upstream market power to foreclose downstream competition, which could potentially offer broad insight into how courts will assess exclusionary bundling and pricing defenses under antitrust law, says Luke Hasskamp at Bona Law.

  • Series

    Judges On AI: How Courts Can Survive The Tech Revolution

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    Colorado Supreme Court Justice Maria Berkenkotter and Colorado Court of Appeals Judge Lino Lipinsky de Orlov discuss how artificial intelligence has already fundamentally altered the legal system and offer tips for courts navigating deepfakes, hallucinations and a gap in access to AI tools.

  • 'Skinny Label' Arguments Spotlight Induced Infringement Risk

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    Recent oral arguments before the U.S. Supreme Court in Hikma Pharmaceuticals v. Amarin Pharma highlight the uncertain boundary between lawful generic competition through so-called skinny labels and induced patent infringement, with potential implications for patent holders’ communication, enforcement and causation strategies across industries, says Anton Hopen at Trenam.

  • A Framework For Habeas Relief After 5th Circ. Bond Ruling

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    Following the Fifth Circuit’s recent Buenrostro-Mendez v. Bondi decision foreclosing statutory bond for detained nonimmigrants not deemed admitted to the U.S., lawyers should adopt a framework that requests habeas relief pursuant to the Fifth Amendment’s due process clause, says Kemal Hepsen at Mandamus Lawyers.

  • 4th Circ. Ruling Will Rewrite Class Action Litigation Strategies

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    The Fourth Circuit's recent decision in Oliver v. Navy Federal Credit Union is the first from a federal circuit court to hold that motions to strike are inappropriate vehicles for challenging class allegations at the pleading stage, invalidating a tactic that had been used for decades, says Jim Francis at Francis Mailman.

  • Startup Founder Disputes Increasingly Turn On Governance

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    Recent Delaware developments suggest that as courts place increasing emphasis on board process, independence and oversight in founder-led startups, the growing intersection of governance, technology risk and investor oversight is accelerating both the emergence and escalation of founder disputes, says mediator Frank Burke.

  • 3 AI Adoption Mistakes GCs Should Avoid

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    The pressure in-house legal teams face to quickly adopt artificial intelligence tools, combined with budget constraints and the need to evaluate a crowded market of options, sets the stage for implementation mistakes that are often difficult to undo, says former 23andMe general counsel Guy Chayoun.

  • Series

    Playing Basketball Makes Me A Better Lawyer

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    My grandfather used to say "I wear your jersey" as shorthand for wholly committing to support someone with loyalty and integrity — ideals that have shaped my life on the basketball court and in legal practice, says Tracy Schimelfenig at Schimelfenig Legal.

  • Salt-N-Pepa Suit May Shake Up Music Copyright Issue

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    James v. UMG Recordings is a copyright termination rights case that provides an opportunity for the Second Circuit to make concrete choices about grant language, authorship, work-for-hire status and survival of derivative works, says attorney Abdul Abdullahi.

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