Appellate

  • September 09, 2026

    Airline Group Asks Justices To Review United Vax Bias Class

    An airline industry urged the U.S. Supreme Court on Wednesday to hear United Airlines' challenge to a Fifth Circuit ruling that preserved class status in a religious bias suit over United's COVID-19 vaccine mandate, arguing the appeals court ignored the myriad individualized issues at play.

  • September 09, 2026

    Hemorrhoid Pain Can Be A Disability, EEOC Tells 3rd Circ.

    The U.S. Equal Employment Opportunity Commission filed an amicus brief with the Third Circuit on Wednesday arguing that a former FedEx supervisor's hemorrhoid condition could rise to the level of a disability under federal anti-discrimination law, despite a trial court's conclusion otherwise.

  • September 09, 2026

    DC Circ. Declines To Halt DOJ's Cannabis Rescheduling

    The D.C. Circuit on Wednesday rejected a bid to freeze a final U.S. Department of Justice rule rescheduling medical marijuana while opponents challenge the policy in the appellate court.

  • September 09, 2026

    Del. High Court Upholds Under-21 Handgun Restrictions

    The Delaware Supreme Court has reversed a lower court ruling against a state law restricting handgun access for most 18- to 20-year-olds, finding the measure did not violate the Delaware Constitution's right to keep and bear arms.

  • September 09, 2026

    Rise Brewing Urges Justices To Let Juries Weigh TM Strength

    RiseandShine Corp. urged the U.S. Supreme Court on Tuesday to reject what it called the Second Circuit's outlier rule allowing judges to decide the strength of a trademark, arguing in its opening merits brief that the question belongs to juries because it hinges on how ordinary consumers perceive a mark.

  • September 09, 2026

    Ex-Judge, Law Profs Urge 4th Circ. To Limit Digital Warrants

    A former federal magistrate judge and a group of law school professors from around the country have urged the Fourth Circuit to find that a geofence warrant at the heart of a major U.S. Supreme Court decision is too broad in light of the high court's ruling.

  • September 09, 2026

    Fla. Panel Nixes $8.1M Injury Verdict In SeaWorld Suit

    A Florida appeals panel on Wednesday vacated an $8.1 million verdict in favor of a mother whose child was injured at a SeaWorld Halloween event, saying the trial court wrongly found that the child was an invitee when he snuck onto a circus trampoline, jumped on it and fell off.

  • September 09, 2026

    Mass. Justices Probe $8M Waterfront Sale To Audubon Group

    A justice on Massachusetts' top court asked Wednesday whether a court-appointed receiver had a duty to investigate more lucrative offers before selling an 18-acre abandoned industrial site to a nonprofit that intends to turn the property into a wildlife sanctuary.

  • September 09, 2026

    Mass. Justices Wary Of Easing Restrictions On Noncompetes

    Massachusetts top court justices hearing a case over a state law restricting noncompete provisions appeared reluctant Wednesday to carve out high-level employees who might sign such agreements as part of a separate deal for equity or other incentives.

  • September 09, 2026

    Ga. Atty Disbarred Over Bank Theft Conviction In Fla.

    The Georgia Supreme Court on Wednesday disbarred an attorney who pled guilty to a misdemeanor after allegedly robbing a Destin, Florida, bank and fleeing with $509.

  • September 09, 2026

    Economists Tell Fed. Circ. Float Rates Bar Temporary Tariff

    President Donald Trump's temporary global tariff lacked legal justification in the current international monetary system, a group of economists, including former U.S. Treasury secretary and Federal Reserve Chair Janet Yellen, told the Federal Circuit on Wednesday in a brief supporting challenges to the duties.

  • September 09, 2026

    2nd Circ. Says Ford Firing Dispute Needs Fresh Arbitration

    Ford Motor Co. does not have to rehire a worker the company fired twice in the early 2020s, the Second Circuit ruled, ordering a new arbitration to decide whether the worker deserves reinstatement after he was fired in 2020 for harassment and again in 2023 for lying.

  • September 09, 2026

    10th Circ. Sets Redo Of Tax Fraud Case To Study Legal Advice

    The Tenth Circuit ordered a Kansas federal court to revisit a woman's assertions that ineffective counsel led her to plead guilty to bank and tax fraud charges, saying the trial court needs to further examine whether she indeed received insufficient legal advice.

  • September 09, 2026

    3rd Circ. Seems Open To Reviving Doctor's Age, Sex Bias Suit

    A Third Circuit panel appeared receptive Wednesday to a physician's push for a second chance at her age, sex and disability discrimination suit involving a denied transfer, because the judges fired pointed questions at an attorney for the hospital where she had been a resident.

  • September 09, 2026

    Murdaugh Murder Retrial Venue Shift Fueled By Bias Concern

    A South Carolina trial court has approved a request to move Alex Murdaugh's murder retrial to a different county, finding the disgraced attorney could not expect a fair trial in Colleton County, where his wife and son were killed and where he was previously convicted for the crimes.

  • September 09, 2026

    5th Circ. Appears Skeptical Of La. Abortion Pill Suit

    Louisiana's solicitor general faced tough questions Wednesday from a Fifth Circuit panel about the state's standing to challenge federal regulations that allow abortion medication to be mailed to patients in the state.

  • September 09, 2026

    3rd Circ. Vacates Approval For NJ Pipeline Project

    The Third Circuit has vacated New Jersey's approval of a water quality certification for Transcontinental Gas Pipe Line Co. LLC's proposed Northeast Supply Enhancement project, ruling that the state unlawfully deferred requirements for monitoring and corrective action and failed to explain how the project would meet water quality standards.

  • September 09, 2026

    7th Circ. Revives Tube Slide Injury Suit Against Wis. Resort

    The Seventh Circuit has given a resort-goer another shot at personal injury claims against Mont du Lac Snowsports LLC and its insurer, finding that while he may have been a trespasser on an out-of-service tube ride, there is evidence that the resort acted recklessly in allowing him to use the tubes anyway.

  • September 09, 2026

    Justice Roberts Won't Pause Dutch Software Co.'s IP Trial

    U.S. Chief Justice John Roberts on Wednesday rejected a Dutch software company's bid to postpone an upcoming trademark trial with its former U.S. partner while it petitions for review of the lower court's injunction and contempt orders.

  • September 08, 2026

    DHS Asks Justices To Revive Voter Citizenship Database

    The Trump administration asked the U.S. Supreme Court Tuesday to reinstate the U.S. Department of Homeland Security's upgraded citizenship verification database ahead of this year's midterm elections, claiming a lower court's finding that the system is unlawful threatens election integrity.

  • September 08, 2026

    Mo. Keeps GOP Election Map Despite High Court Setback

    Missouri can use a new congressional map that favors Republicans in the midterms — even though it is supposed to obtain voter approval, and the U.S. Supreme Court earlier rejected an emergency bid to reinstate it — after a federal judge paused the state high court's decision prohibiting the map's use in November.

  • September 08, 2026

    9th Circ. Upholds Former Atty's Murder-For-Hire Conviction

    The Ninth Circuit on Tuesday refused to disturb the conviction of a former New York attorney accused of arranging to pay a hitman to kill the mother of his two young children in the midst of a custody battle, ruling that it doesn't matter that his payment was made to an undercover agent rather than a person who really intended to arrange for murder.

  • September 08, 2026

    8th Circ. Backs Tribal Court In Energy Co.'s Easement Fight

    The Eighth Circuit has agreed with a tribal judge and thrown out a federal court's preliminary injunction barring him from hearing a suit brought by members of the Three Affiliated Tribes against an energy company over an easement agreement.

  • September 08, 2026

    FCC Data Breach Reg Can't End-Run Congress, 6th Circ. Told

    Now that the Sixth Circuit has decided hold a full panel rehearing of its decision upholding the FCC's expanded data breach notification rules for telecommunications carriers, conservative legal groups are coming together to urge the appellate court to reject the Biden-era rule.

  • September 08, 2026

    Amgen Tells 4th Circ. No Point In Keeping CareFirst Suit Alive

    Amgen urged the Fourth Circuit to overrule a Virginia federal judge's refusal to dismiss CareFirst's lawsuit accusing it of unlawfully delaying biosimilar competition for Enbrel, arguing that the health insurer's alleged injury was actually caused by court orders enforcing Amgen's patents.

Expert Analysis

  • 4 Emerging Limits Of Employer Mental Health Notice Defense

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    A California appeals court's recent decision in Husband v. Target, addressing when an employer knows about an employee's undisclosed disability, leaves open questions about how changes in mental health awareness and workforce monitoring tools may raise the bar for what employers can claim not to know, says Benjamin Heller at RFZ Law.

  • Raptors Ruling Shows Risks Of Calif. Enviro Suit Intervention

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    Intervention in California environmental litigation can allow businesses to help defend agency approvals, but after a state appeals court's recent ruling in Raptors Are the Solution v. CropLife America, it is clear that intervention also carries a price — and that courts will hold parties accountable for the full arc of their litigation conduct, says Thierry Montoya at FBT Gibbons.

  • A Decade Later, Escobar Is Still Shaping FCA Cases

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    The U.S. Supreme Court's decision 10 years ago in Universal Health Services v. U.S. ex rel. Escobar changed the way in which lower courts evaluate False Claims Act cases — and the ruling remains vital in nearly every FCA case filed today, say attorneys at Bradley Arant.

  • Sripetch May Prove To Be An Empty Victory For The SEC

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    The U.S. Supreme Court's recent decision in Sripetch v. U.S. Securities and Exchange Commission held that the SEC need not prove pecuniary harm for disgorgement, but if the commission must still identify victims and distribute funds in a compensatory way, it faces the same economic problem as before the ruling, says Erin Smith at Compass Lexecon.

  • 9th Circ. Cooler Ruling Chills 1st Mover Lanham Act Claims

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    The Ninth Circuit's recent decision in Vericool World v. Igloo Products that Vericool's claim of being first-to-market with an ecocooler was not actionable under the Lanham Act largely foreclosed false advertising litigation over first mover status, so potential plaintiffs should instead look to patent counseling or intellectual property strategy for these claims, say attorneys at Manatt.

  • Mapping 5 Fronts Of The Prediction Markets Regulatory Battle

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    The legal framework governing prediction markets is under simultaneous challenge in five independent areas, and the outcomes will determine not just who can operate prediction markets, but the compliance obligations of every participant in the ecosystem, says Ivor Wolk at Manatt.

  • Patent Ruling Highlights Risks Of Late Inventorship Fixes

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    The Federal Circuit's recent decision in Implicit v. Sonos demonstrates the risk of forfeiture with retroactive correction of inventorship in inter partes review proceedings, with a clear message to the patent community that potential inventorship issues should be considered at every stage of a patent's life cycle, say attorneys at BCLP.

  • Adjusting IPR Tactics As Google Fights 'Settled Expectations'

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    Google’s petition for the U.S. Supreme Court to scrutinize the Patent Trial and Appeal Board's so-called settled expectations practice underscores why accused infringers facing older asserted patents should treat discretionary denial as a case-dispositive risk from day one, says attorney Abdul Abdullahi.

  • 3 Misconceptions About Justices' FCC Fines Ruling

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    The U.S. Supreme Court's June 4 Federal Communications Commission v. AT&T decision rejecting AT&T’s and Verizon’s argument that the commission's forfeiture process violates the Seventh Amendment has yielded three common reactions that misunderstand the decision as a matter of law and how the FCC actually operates, says Samuel Feder at Jenner & Block.

  • SEC Disgorged Fund Distribution Is Next Query After Sripetch

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    Following the Supreme Court's Sripetch v. U.S. Securities and Exchange Commission decision, investor harm isn't required for the SEC to obtain a disgorgement award, but future cases must resolve whether the commission will be freed from a requirement to distribute disgorged funds to the victims of alleged misconduct, says Daniel Walfish at Katsky Korins.

  • If Upheld, Wash. Millionaire Tax Could Upend State Law

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    The Washington Supreme Court could open the door to broader income, rental and corporate taxes if it defies precedent and the historically established desires of voters by redefining the state constitution's concepts of “income” and “property” to uphold a new tax on wages over $1 million, says Richard Birmingham at Davis Wright.

  • Trump Admin's Agency Records Purge Tests Judicial Notice

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    While courts commonly take judicial notice of data in government websites and reports, the Trump administration's recent modification or wholesale deletion of these sources means that litigants must look elsewhere to support trial admission of this information, says Jon Gryskiewicz at Lewis Baach.

  • Series

    Cow Horse Makes Me A Better Lawyer

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    Moving an unwilling 800-pound cow while riding a horse at high speed is exhilarating, a little unhinged and, at least for me, a surprisingly effective training ground for litigation — both demand focus, preparation over rigid planning and the willingness to act despite fear, says Ashley Zitrin at Glenn Agre.

  • Fla. Driver Ruling Shows Renewed Focus On Privacy Standing

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    A Florida federal court's recent dismissal of a class action alleging that private driving records had been improperly used in violation of the Driver's Privacy Protection Act suggests that companies defending against privacy class actions in Florida may reconsider Article III challenges at the dismissal stage, say attorneys at Sidley.

  • Vax Ruling Offers Employer Tips For Handling Political Speech

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    A California appeals court's recent decision in Rademacher v. ABC, rejecting a "General Hospital" actor's suit alleging he was terminated for opposing a vaccine policy, demonstrates the importance of the employer's process, including neutral policies, documentation, and evidence of who knew what and when, say attorneys at Krevolin Horst.

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