Appellate

  • October 05, 2026

    9th Circ. Invited To Take A Crack At Feds' Calif. Egg Law Suit

    A California federal judge refused Friday to toss the federal government's challenge to a Golden State law banning the sale of eggs laid by hens raised in "cruel" conditions, but allowed California to file an interlocutory appeal, finding "there is substantial ground for difference of opinion" on the government's standing.

  • October 05, 2026

    High Court Revives Murder-For-Hire Plea Appeal After Hunter

    The U.S. Supreme Court on Monday vacated a Second Circuit decision dismissing the sentencing appeal of a man who pled guilty to a role in a murder-for-hire plot, telling the circuit court to take another look in light of the high court's new miscarriage-of-justice exception for criminal appeal waivers.

  • October 05, 2026

    Justices Won't Hear 10th Circ. Tulsa Officer Immunity Case

    The U.S. Supreme Court declined on Monday to review a Tenth Circuit decision denying a former Tulsa police officer qualified immunity from a civil suit alleging she used excessive force when she shot and killed an unarmed man.

  • October 05, 2026

    Worker Fired After Flu Vax Rift Can't Get High Court Traction

    The U.S. Supreme Court refused Monday to hear a Black former health system employee's challenge to the dismissal of her suit alleging that racism, as opposed to noncompliance with the company's flu vaccine requirement, got her fired.

  • October 05, 2026

    7th Circ. Rejects Ex-Club Prez's Claim Of Fake Canceled Debt

    The Seventh Circuit upheld the dismissal of a former country club president's claim that the club filed a fraudulent information return with the IRS reporting a canceled debt, saying he failed to make a case for overturning precedent that limited taxpayers' ability to seek damages for fraudulent return filings.

  • October 05, 2026

    Pepperdine Asks 9th Circ. For Another Shot At Netflix TM Suit

    Pepperdine University is urging the Ninth Circuit to revive its trademark suit over the "Waves" team name used in a Netflix sports comedy series starring Kate Hudson, arguing that the district court judge's approach, "would give the entertainment industry carte blanche to infringe trademarks at will."

  • October 05, 2026

    High Court Won't Vacate Habeas Ruling After Case Turns Moot

    The U.S. Supreme Court on Monday declined to review a Fourth Circuit ruling that blocked a federal prisoner's constitutional challenge to a sentence enhanced under the formerly mandatory federal sentencing guidelines.

  • October 05, 2026

    Mass. Justices Weigh Duties Of DAs, Judges After ICE Arrests

    Justices on Massachusetts' highest court Monday appeared willing to endorse a requirement that prosecutors and judges make formal efforts to get federal immigration officials to bring defendants in their custody to court for pending criminal cases before issuing a default warrant or dismissing a case.

  • October 05, 2026

    Groups Ask DC Circ. To Revive CMS Hemp Program Case

    A coalition of interests challenging a Centers for Medicare & Medicaid Services program to provide patients access to federally legal hemp products told the D.C. Circuit on Monday that a lower court was wrong to dismiss their petition.

  • October 05, 2026

    1st Circ. Doubts Harvard Grant Fight Belongs In Claims Court

    The First Circuit Monday appeared skeptical that a lower court erred in backing Harvard University in a suit over the Trump administration's bid to freeze more than $2 billion in grant funding, suggesting that the case had been decided in the proper venue.

  • October 05, 2026

    Justices Won't Review SC Beach Gear Rental Antitrust Case

    The U.S. Supreme Court refused a petition Monday from a beach equipment rental company seeking to revive its antitrust case accusing a South Carolina city of using its municipal ordinances to monopolize the market.

  • October 05, 2026

    Deported Mass. Student May Be Beyond 1st Circ.'s Reach

    The First Circuit on Monday hinted that it may not have the ability to revive a Massachusetts college student's immigration case because she chose to remain abroad after being deported, meaning she is no longer in federal custody.

  • October 05, 2026

    Fed. Circ. Orders Tossing Indemnity Bid On Different Grounds

    The Federal Circuit on Monday ordered a federal district judge to lift an order dismissing shopping mall owner Simon Property Group's indemnification claim against gift card company Blackhawk Network over a patent infringement case involving methods of executing card payments.

  • October 05, 2026

    Justices Won't Review Christian Worker's COVID Testing Case

    The U.S. Supreme Court opted Monday not to take up a Christian worker's challenge to a split Eighth Circuit panel decision that nixed her lawsuit alleging a Minnesota county violated her religious rights by requiring her to undergo weekly COVID-19 testing.

  • October 05, 2026

    9th Circ. Pauses Rogoff's Return As Seattle US Atty

    The Ninth Circuit has put on hold a Washington federal judge's decision to reinstate Roger Rogoff as Seattle's top federal prosecutor, a post Rogoff held for less than an hour before he was fired by President Donald Trump.

  • October 05, 2026

    DOJ, Google Want DC Circ. 'Priority' For Search Appeal

    The U.S. Department of Justice and Google jointly asked the D.C. Circuit to prioritize their cross-appeals in the search monopolization case in order to schedule oral arguments as soon as Dec. 9.

  • October 05, 2026

    Justices Pass On Fatal Drunk-Driving Qualified Immunity Case

    The U.S. Supreme Court on Monday declined to review a ruling granting qualified immunity to an Alabama sheriff's deputy who was accused of killing a passenger in a crash while driving drunk and off duty, then fleeing the scene.

  • October 05, 2026

    Justices Want SG's View On 3 Antitrust Cases

    The U.S. Supreme Court on Monday called for the solicitor general's view in antitrust cases involving hard drive component prices, allergy testing and treatment, and insulin products sold through a drug discount program.

  • October 05, 2026

    NJ Panel Tosses Geofence Warrant, Upending Robbery Case

    A New Jersey appeals court has ruled that police were incorrectly granted a geofence warrant because their application failed to establish a "nexus" between a string of gas station robberies and a potential suspect's cellphone location data.

  • October 05, 2026

    Justices Skip American Airlines Teen In-Flight Death Suit

    The U.S. Supreme Court on Monday declined to consider a case from the family of a 14-year-old teenager who died of cardiac arrest on board an American Airlines flight, which sought clarity on what's considered an accident under the Montreal Convention.

  • October 05, 2026

    Casinos Lose Bid For 3rd Circ. Redo In Room-Pricing Suit

    Atlantic City casino-hotels could not get the Third Circuit to go back on reviving a proposed class action accusing them of a price-fixing scheme for hotel rooms, according to a court order.

  • October 05, 2026

    Minn. Court Wrong To OK Childcare Tax Break, County Says

    A Minnesota childcare center missed a statutory filing deadline for a property tax break and thus should not be allowed the deduction, the state's largest county told the state Supreme Court, urging it to reverse a state tax court decision.

  • October 05, 2026

    Renters Seek Class Cert. For RealPage Antitrust Suit

    A proposed class of renters asked a Tennessee federal court to certify it for its antitrust claims, saying property management software company RealPage Inc. allowed multifamily landlords to use its revenue management products for rent price-fixing.

  • October 05, 2026

    High Court Won't Consider $30M Argentine Bondholder Claim

    Argentine bondholders claiming the Second Circuit wrongly upheld a block of over $30 million in contractual claims against Argentina won't get a chance to argue their stance at the U.S. Supreme Court, as the justices declined on Monday to review the case.

  • October 05, 2026

    11th Circ. Won't Revive Carnival Cruise Jacuzzi Hatch Fall Suit

    The Eleventh Circuit won't reinstate a cruise passenger's suit against Carnival Corp. alleging she fell down a jacuzzi maintenance hatch while aboard a 2024 cruise, saying she failed to show the cruise line had any constructive notice of the danger.

Expert Analysis

  • BIA Ruling Could Make Immigration Bond A Catch-22

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    A recent Board of Immigration Appeals decision refining the way immigration judges assess flight risk, when read broadly, could create a circular rule under which a noncitizen can be treated as a flight risk because they have too few ties to the U.S., but also because they have too many, says Georgianna Pisano Goetz at the National Immigrant Justice Center.

  • 8th Circ. Ruling Raises Bar For Seeking Disability Benefits

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    The Eighth Circuit's recent ruling in Post v. Bisignano signals that claimants seeking Social Security disability benefits may need to offer convincing proof of functional restrictions beyond their treating doctors' opinions and illustrates that the court's proclaimant jurisprudence no longer prevails, says Mark DeBofsky at DeBofsky Law.

  • Series

    Playing Bid Whist Makes Me A Better Lawyer

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    As a child, I viewed bid whist as a family tradition and a source of friendly card game competition, but as a lawyer, I see it as a tool that has helped me cultivate skills like communication, teamwork, risk assessment and composure, says Keyonn Pope at Riley Safer.

  • Teva, Wyeth Show How Claimed Advances Shape Enablement

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    Two recent Federal Circuit decisions involving method-of-treatment claims — Teva v. Eli Lilly and Wyeth v. AstraZeneca — reached opposite enablement outcomes from strikingly similar procedural postures, but a closer comparison of the cases reveals a three-step framework for understanding the court's reasoning, says Kendall Gurule at Polsinelli.

  • Opinion

    Calif. Bill Goes Too Far In Trying To Regulate Attorney AI Use

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    California’s first-in-the-nation act regulating how attorneys and arbitrators use generative artificial intelligence will likely soon become law, but read broadly, the provisions may dissuade lawyers from employing AI at all, thereby depriving them of key work tools, says Joshua Wurtzel at Schlam Stone.

  • Wis. Coverage Ruling Rejects Strict Ensuing Loss Test

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    In Cincinnati Insurance v. Ropicky, the Wisconsin Supreme Court recently examined the relationship between an insurance policy's construction defect exclusion and ensuing loss exception, providing policyholders support in claiming that an additional cause may produce covered damage despite an excluded condition being part of the loss sequence, says Alexander Hopkins at SDV Fenchurch.

  • The Preemption Gap In Prediction Market High Court Petitions

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    The Supreme Court is considering three certiorari petitions following a split in prediction market litigation between the Third and Ninth circuits, but one of the petitions would not allow the court to reach the express preemption question, which would leave the dispute half-resolved, says Jordan Garman at Withers.

  • 5th Circ. Embedding Decision Could Recast Copyright Claims

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    The Fifth Circuit's decision in Emmerich v. Particle Media addresses decades of ambiguity surrounding whether embedded content can constitute copyright infringement, potentially affecting how defense counsel fight against such claims, say attorneys at Greenberg Glusker.

  • A Texas Ruling May Offer Guidance On Freight Broker Liability

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    The U.S. Supreme Court's decision in Montgomery v. Caribe Transport removed federal preemption defenses to freight broker negligent-selection claims, and a July verdict in Texas against C.H. Robinson raised further questions about how brokers can achieve compliance — but another recent Texas decision involving Home Depot may offer some answers, say attorneys at Baker Donelson.

  • 9th Circ. Ruling Raises Bar For Arbitration Pacts Via Email

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    The Ninth Circuit's recent holding in Rickes v. Thermo Fisher that the mere delivery of an email doesn't establish an employee's assent to the arbitration agreement underscores that rollout processes should both give employees notice of the agreement and create evidence of their assent, say attorneys at Sullivan & Cromwell.

  • 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.

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