Appellate

  • October 05, 2026

    Supreme Court Won't Take Up DOD Workers' Vax Bias Suit

    The U.S. Supreme Court refused Monday to review a suit alleging the U.S. Department of Defense unlawfully refused religious requests for exemptions from COVID-19 prevention protocols, leaving in place a Fifth Circuit ruling that workers hadn't tied their beliefs to masking and testing policies.

  • October 05, 2026

    High Court Won't Review United Challenge To Vax Bias Class

    The U.S. Supreme Court declined Monday to review class certification in a religious bias lawsuit over United Airlines' COVID-19 vaccine mandate, leaving in place a Fifth Circuit ruling that found no issue with the trial court's decision.

  • October 05, 2026

    High Court Skips 'Let's Go Brandon' Sweatshirt Case

    The U.S. Supreme Court on Monday declined to review a student speech case in which Michigan school officials required two brothers to remove their "Let's Go Brandon" sweatshirts during the school day.

  • October 05, 2026

    Justices Skip 2 Patent Cases, 1 Trade Secret Dispute

    The U.S. Supreme Court on Monday rejected a trio of petitions concerning patent and trade secret litigation, declining to review questions about damages apportionment and patent eligibility.

  • October 05, 2026

    Justices Vacate 9th Circ. Ruling On Noem's TPS Authority

    The U.S. Supreme Court on Monday granted the Trump administration's request to wipe out a Ninth Circuit decision that found former Homeland Security Secretary Kristi Noem lacked the authority to vacate a temporary protected status extension for Venezuela.

  • October 05, 2026

    Justices Won't Review Pa. Judge's Removal For Political Posts

    The U.S. Supreme Court won't consider Pennsylvania's suspension of a former Philadelphia County Court of Common Pleas judge over his partisan Facebook posts, the justices announced Monday.

  • October 05, 2026

    Justices Deny Zillow's Bid To Revisit Goldman Ruling

    The U.S. Supreme Court on Monday declined Zillow's invitation to revisit a 5-year-old ruling on class certification, allowing Zillow investors to proceed as a class on claims that they were duped about the company's now-shuttered home-buying business.

  • October 05, 2026

    Justices Reject Deportation Risk Advice Case

    The U.S. Supreme Court said Monday it won't examine the issue of whether defense counsel is obligated to inform noncitizen clients in criminal proceedings about the risk of deportation present in all related legal matters, including civil cases. 

  • October 05, 2026

    Supreme Court Won't Hear Venezuela Rig Seizure Case

    The U.S. Supreme Court on Monday declined to review a D.C. Circuit opinion ordering Venezuela's state-owned oil company to face long-pending allegations of unlawfully seizing an Oklahoma-based oil drilling company's rigs.

  • October 05, 2026

    Justices Won't Disturb BP, Chevron Win In Well Cleanup Fight

    The U.S. Supreme Court on Monday declined to disturb a ruling dismissing a surety company's lawsuit claiming BP and Chevron needed to pony up $11 million to pay for offshore decommissioning costs.

  • October 05, 2026

    Justices Skip EIDP Retiree's Annuity Reduction Challenge

    The U.S. Supreme Court on Monday declined to take up a pensioner's appeal challenging agricultural chemical giant EIDP Inc. and its retirement plan administrator's decision to reduce his monthly benefits.

  • October 05, 2026

    Justices Reject Teacher's Bid To Review Rehab Act's Scope 

    The U.S. Supreme Court on Monday rejected an Arkansas substitute schoolteacher's call to review whether a federal law barring disability discrimination in federally funded programs permits workplace bias lawsuits by independent contractors.

  • October 05, 2026

    Justices Won't Review If NJ Wage Laws Exclude Immigrants

    The U.S. Supreme Court declined on Monday to review a New Jersey high court ruling that allows unauthorized immigrant workers to pursue claims under the state's wage-and-hour laws.

  • October 05, 2026

    ​​​​​​​High Court Won't Revisit Groff Religious Accommodation Test

    The U.S. Supreme Court on Monday declined an invitation by a group of Washington firefighters to clarify whether the court's landmark 2023 decision in Groff v. DeJoy requires employers accused of illegally denying religious accommodations to show that the workplace adjustments present an actual hardship.

  • October 03, 2026

    Up First At High Court: Climate Torts & Munitions Disposal

    The U.S. Supreme Court will begin its new term on Monday, when the justices consider whether state courts have the authority to hear climate change lawsuits that seek to hold fossil fuel companies liable for local damages caused by greenhouse-gas emissions and whether federal courts can hear constitutional challenges to veterans benefits laws.

  • October 03, 2026

    Justice Alito Says He's Weighing The Best Time To Retire

    U.S. Supreme Court Justice Samuel Alito has confirmed that he considered retiring at the end of the high court's latest term, and that he will continue to weigh that decision "every term." 

  • October 02, 2026

    Pa. High Court Won't Order New Rape Trial Over DA Comment

    A divided Pennsylvania Supreme Court won't order a new rape trial for a man even though a prosecutor improperly implied the man's retaining an attorney was an indicator of guilt, finding the evidence in his case is so overwhelming that it outweighed the prosecutor's error. 

  • October 02, 2026

    Teva Ruling Creates Medicare Drug 'Chaos,' Full DC Circ. Told

    The federal government asked the full D.C. Circuit on Friday to reconsider a panel ruling allowing Teva to challenge Medicare's rules for deciding which drugs qualify for price negotiations, arguing the decision invites litigation that could create drug-pricing "chaos" and cause drug prices to quickly leap by more than 550%.

  • October 02, 2026

    Trump Asks 9th Circ. To Pause Seattle US Atty Reinstatement

    The Trump administration called on the Ninth Circuit Friday to suspend a federal judge's Thursday order reinstating Roger Rogoff as U.S. attorney for the Western District of Washington, seeking to keep Charles Neil Floyd as acting head of the Seattle office pending the government's appeal.

  • October 02, 2026

    Pa. Justices Reject Federal Limits On Agency Deference

    Pennsylvania courts do not have to follow federal precedents that limit deference to a state agency's interpretation of unclear regulations, with a majority of the state's highest court finding Thursday that an agency interpretation can be one of multiple factors for analyzing an ambiguous regulation.

  • October 02, 2026

    AGs, Enviros Sue Over Rollback Of Biden-Era Fuel Standards

    The Trump administration was hit with multiple suits by a coalition of 27 attorneys general and environmental groups Friday challenging the National Highway Traffic Safety Administration's recent decision to roll back Biden-era fuel economy standards for passenger cars and light trucks.

  • October 02, 2026

    Foggy Precedent Gives Deportee Shot At Venue Appeal

    A Venezuelan man suing the U.S. over his deportation to the CECOT megaprison in El Salvador can appeal the transfer of his case from Washington, D.C., to Texas, as a D.C. federal judge has decided clarity is needed on how the court determines where to adjudicate federal tort claims. 

  • October 02, 2026

    Texas Justices Won't Review Nixed $64M Credit Suisse Verdict

    The Texas Supreme Court on Friday declined to hear an appeal of a decision that wiped away a $64 million award to a subsidiary of a Dallas investment company following alleged fraud by Credit Suisse surrounding lending for a luxury Nevada community.

  • October 02, 2026

    Venezuela Seeks Pause In 3rd Circ. Appeal Of Citgo Sale

    Venezuela has asked the Third Circuit to pause its appeal of a Delaware judge's order greenlighting the nearly $6 billion sale of Citgo just weeks before scheduled oral arguments that were already delayed, pointing Friday to a "new Venezuelan reality" under President Delcy Rodríguez.

  • October 02, 2026

    Texas Justices Agree To Hear BNSF, Zurich Asbestos Suit

    The Texas Supreme Court Friday agreed to take up Zurich American Insurance Co.'s challenge to a finding that it must continue to pay for the defense of BNSF Railway against hundreds of asbestos exposure suits.

Expert Analysis

  • Managing OSHA Mental Illness Logs After 5th Circ. Vacatur

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    Employers with facilities in multiple states need to carefully weigh their recordkeeping procedures following the Fifth Circuit’s recent decision that the Occupational Safety and Health Administration cannot require employers to log work-related mental illness, as inconsistent logs across facilities may raise other issues, say attorneys at Haynes Boone.

  • Expect More Probes After 3rd Circ. Algorithmic Pricing Ruling

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    The Third Circuit's recent decision in Cornish-Adebiyi v. Caesars Entertainment, allowing algorithmic price-fixing claims to proceed past motions to dismiss, may serve as a road map for how to contend with increased litigation risk in this developing area of antitrust law, say attorneys at BakerHostetler.

  • Series

    Being In A Band Made Me A Better Lawyer

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    Playing shows in storied New York City venues and rehearsing with my bandmates in poorly ventilated rooms helped develop the professional qualities I rely on as a litigator, including an ability to collaborate with strong-minded equals and the determination to treat each client with singular focus, says Eliad Shapiro at Herrick Feinstein.

  • Notable Q2 Updates In Insurance Class Actions

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    After 2026's second quarter, there is more authority rejecting class certification on total loss valuation theories from courts at the federal circuit, federal district and state appellate level — along with a resolution of a novel issue of depreciation on a wildfire claim, says Kevin Zimmerman at BakerHostetler.

  • 10th Circ. Ruling Undermines False Ad 'Two Clicks' Rule

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    The Tenth Circuit’s recent ruling in KetoNatural Pet Foods v. Hill's Pet Nutrition substantially challenges a long-standing assumption that a company can avoid responsibility for promotional claims simply because the consumer encountered them by clicking a hyperlink to a third-party website, say attorneys at Venable.

  • How Drug Trial Prediction Markets Pose Insider Trading Risks

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    Multiple prediction market platforms have recently announced plans to offer event contracts related to clinical trial outcomes and regulatory decisions, creating new insider trading risks by expanding the group of people possessing related material nonpublic information far beyond traditional corporate insiders, say attorneys at King & Spalding.

  • Mich. Ruling Gives Consumer Protection Law Its Teeth Back

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    The Michigan Supreme Court's recent decision in Attorney General v. Eli Lilly, overruling key holdings in two earlier cases, means that Michigan businesses can no longer defeat allegations of deceptive conduct under the state's consumer protection law simply by pointing to any governmental regulation of the business, say attorneys at DiCello Levitt.

  • Series

    Law School's Missed Lessons: Surviving A Long Trial

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    Most of law school trial advocacy is geared toward the sprint of trying a short case, but beyond managing a cross-examination or closing argument, effectively handling the marathon of a lengthy trial requires the ability to maintain composure, organization and credibility with the jury, says Mihir Elchuri at Hirschler.

  • A Deepening Patent-Trademark Divide Over Irreparable Harm

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    Recent Federal Circuit decisions, along with legislation being considered in Congress, may exacerbate the differences that patent owners and trademark owners face when seeking to stop infringement before irreparable harm is caused, say attorneys at BakerHostetler.

  • 7th Circ. Ruling May Reduce Litigation Risk For Text Marketers

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    The recent Seventh Circuit holding in Steidinger v. Blackstone Medical Services that unwanted marketing text messages are not telephone calls under the Telephone Consumer Protection Act may strengthen companies' responses to presuit demand letters and early-stage litigation claims premised on do-not-call text theories, say attorneys at Holland & Knight.

  • How Calif. Ruling Defines Drug Cos.' R&D Responsibilities

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    The California Supreme Court's recent ruling in the Gilead Tenofovir Cases, which held that drugmakers have no duty to bring allegedly safer alternatives to market more quickly, is a win for pharmaceutical companies — but not a grant of blanket immunity for all early-stage drug development decisions, say attorneys at King & Spalding.

  • Whiskey Business: Parsing The 9th Circ. Jack Daniel's IP Toss

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    The Ninth Circuit's recent ruling in VIP Products v. Jack Daniel's, holding a toy did not tarnish the whiskey maker's trademarks, gives fact-finders great latitude by showing that there may exist no categories of per se tarnishing content, says attorney Sara Gold.

  • Calif. Justices' Ruling Reshapes Midcase Appeal Strategy

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    The California Supreme Court's recent decision in Maniago v. Desert Cardiology Consultants holds that voluntary dismissal cannot be used as a shortcut to appellate review of interlocutory orders, resolving a long-running appellate split and pushing litigants to use alternative procedural tools, says Josh Patashnik at Ashurst Perkins Coie.

  • Fed. Circ.'s Thermostat Ruling Holds Patent Jury Trial Lessons

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    The Federal Circuit's recent decision in Ollnova v. Ecobee, throwing out a $11.5 million patent infringement award, clarifies key rules for jury verdict forms and sends an important message on patent subject matter eligibility, says Bijal Vakil at Skadden.

  • 5 IP Licensing Lessons From Fed. Circ. Asphalt Ruling

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    The Federal Circuit's recent decision in A.L.M. v. Zydex, concerning infringement of asphalt-related patents, clarifies what licensing terms are considered sufficiently exclusionary for constitutional standing, and provides helpful guidance for ensuring the enforceability of patent rights, say attorneys at Sterne Kessler.

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