Appellate

  • September 11, 2026

    Board OKs Gov't Use Of Outside Declarations In Asylum Case

    An immigration appeals board vacated an immigration judge's grant of asylum to an Indian citizen, finding the judge erroneously put little weight on outside declarations that the federal government said contained boilerplate language resembling the Indian citizen's own declaration.

  • September 11, 2026

    High Court Urged To Take Target Case For Alice Look

    The U.S. Supreme Court should clarify its own Alice test regarding patent eligibility, according to the owner of a series of patents covering ways of finding products within a store that were invalidated under the standard in a suit against Target.

  • September 11, 2026

    DC Circ. Nixes Energy Dept.'s Order To Keep Coal Plant Open

    The D.C. Circuit on Friday wiped out a U.S. Department of Energy order to keep open a Michigan coal-fired power plant slated for retirement, saying it represents an unjustified expansion of the agency's emergency authority under the Federal Power Act.

  • September 10, 2026

    Thomson Reuters Says DOJ AI Stance Doesn't Back Ross

    Thomson Reuters told the Third Circuit Thursday in defunct legal tech startup Ross Intelligence's interlocutory appeal of a summary judgment ruling that it infringed Westlaw headnotes that a statement by the U.S. Department of Justice flagged by Ross does not support its fair-use defense.

  • September 10, 2026

    Fla. Panel Orders Murder Retrial Over Prior Shooting Evidence

    A Florida appeals court ordered a new trial for a man convicted of fatally shooting a bystander during a heated argument with a group of boys, saying the trial court erred in withholding evidence from jurors that the group had previously fired shots into his home.

  • September 10, 2026

    Bankman-Fried Asks Justices To Review His Fraud Conviction

    Incarcerated FTX founder Sam Bankman-Fried urged the U.S. Supreme Court on Thursday to review the Second Circuit's decision affirming his fraud conviction and $11 billion forfeiture order, saying now is the time to resolve whether evidence of fraud victims' losses belongs in fraudulent-inducement prosecutions and whether his "crushing fine" is constitutional.

  • September 10, 2026

    Princeton Must Face Title IX Claim Tied To Gender Bias

    A New Jersey federal judge refused to end a former Princeton University student's claims stemming from his expulsion after an investigation into his ex-romantic partner's allegations of violence, finding that a jury could conclude that gender played a role in the outcome.

  • September 10, 2026

    Feds' Cut To NY Funding In CDL Fight Justified, 2nd Circ. Told

    The Trump administration has told the Second Circuit that it's well within its rights to penalize New York by withholding $74 million in highway funds over the state's failure to revoke commercial driver's licenses that were issued to ineligible foreign drivers.

  • September 10, 2026

    DC Circ. Upholds SEC Denial Of Whistleblower Award

    The D.C. Circuit ruled Wednesday that a man who tipped off a journalist about a possible foreign bribery scheme is not entitled to a whistleblower award because he waited until a U.S. Securities and Exchange Commission investigation was well under way to present the same information to the agency.

  • September 10, 2026

    Nielsen Tells 2nd Circ. Court Altered Terms Of Cumulus Order

    Nielsen is headed back to the Second Circuit after a New York federal court changed the terms of a preliminary injunction that the appellate court had already upheld, the company said, requiring Nielsen to not only unbundle its national radio ratings data from its local offerings but also to provide that data on specific terms.

  • September 10, 2026

    6th Circ. Nixes $31.8M Pot Farm Judgment Against Curaleaf

    The Sixth Circuit on Thursday reversed a $31.8 million jury judgment against cannabis giant Curaleaf, saying the federal illegality of cannabis precluded federal courts from enforcing contracts that require parties to commit federal crimes.

  • September 10, 2026

    Fla. Panel Tosses Teen's Conviction Over Atty's Omission

    A Florida state appeals court has reversed a teenager's manslaughter conviction and sentence, finding the teen's attorney let him enter an open plea without telling him that his statements to police potentially could have been suppressed for Miranda rule violations.

  • September 10, 2026

    Jay-Z Can't Undo Buzbee's Win In Rapper's Defamation Suit

    A California state appeals court has refused to revive claims that Texas attorney Tony Buzbee defamed and extorted music superstar Jay-Z by roping him into a sexual abuse suit against Sean "Diddy" Combs, saying the case was properly thrown out under California's free speech statute.

  • September 10, 2026

    DOJ Says Records Act Chills 'Candid' White House Advice

    The Justice Department urged the D.C. Circuit to vacate a lower court's order requiring the White House to comply with the Presidential Records Act, arguing in a new brief that the 1978 statute intrudes on executive power by requiring preservation of a wide range of documents.

  • September 10, 2026

    Insurer Wants Quick 8th Circ. 401(k) Forfeiture Suit Appeal

    UnitedHealth Group asked a Minnesota federal court to allow a quick appeal of the court's June decision refusing to completely toss allegations that the company misallocated forfeitures from an employee 401(k) plan, arguing differing opinions on the validity of the claims nationwide justified early Eighth Circuit review.

  • September 10, 2026

    4th Circ. Calls No-Bond Detention Policy 'Stain' On The Nation

    The Fourth Circuit on Thursday became the ninth appellate court to declare illegal the Trump administration's detention of immigrants without bond, calling the mass detention a "stain" on the nation and comparing it to the internment of Japanese-Americans during World War II.

  • September 10, 2026

    11th Circ. Urged To Undo Trial Loss For Hospital Ratings Org

    A Florida federal court order requiring hospital ratings nonprofit Leapfrog to revoke poor safety grades it issued to five hospitals owned by Tenet Healthcare Corp. violated the First Amendment, Leapfrog told the Eleventh Circuit in a Thursday opening brief challenging its bench trial loss.

  • September 10, 2026

    Apple Watch Ban In Masimo ITC Patent Case Hits High Court

    Apple Inc. has told the U.S. Supreme Court that the Federal Circuit improperly "lowered the bar" for meeting the U.S. International Trade Commission's domestic industry requirement in patent disputes, by affirming a decision that the Apple Watch infringed Masimo Corp. patents.

  • September 10, 2026

    Biosimilars Boast Big Savings But Face IP Risks, Report Says

    There are no biosimilar drugs in development for 90% of biologic products set to lose their patent exclusivity by 2034, according to a report released Thursday by the Association for Accessible Medicines, which warned that current patent policy threatens generic-drug development. 

  • September 10, 2026

    10th Circ. Backs 72-Year-Old's Firing Over Data Misuse

    The Tenth Circuit has sided with a Colorado city in an age discrimination lawsuit brought by a utility billing specialist who was fired after accessing a prospective tenant's private account information for personal use, finding she failed to show age bias drove her termination.

  • September 10, 2026

    11th Circ. Says Concealed Gun Alone Can't Justify Fla. Stop

    The Eleventh Circuit has vacated a felon's gun-possession conviction, saying police lacked reasonable suspicion to search him after noticing a gun protruding from his hoodie pocket because Florida law treats concealed carry as presumptively legal.

  • September 10, 2026

    11th Circ. Won't Reopen Ex-School Admin's Sex Bias Suit

    The Eleventh Circuit on Thursday upheld an Alabama school board's win over a former assistant principal's lawsuit alleging she was fired because she's a woman, concluding she couldn't overcome her former employer's explanation that she'd been found in a compromising position with a male colleague several times.

  • September 10, 2026

    9th Circ. Clears Boeing Of Liability In Police Helicopter Crash

    The Ninth Circuit affirmed a ruling Wednesday tossing product liability litigation over a 2022 Huntington Beach Police Department helicopter crash that killed an officer and injured another, finding the victims' claims against Boeing and other aircraft-makers are time-barred under the General Aviation Revitalization Act's 18-year statute of repose.

  • September 10, 2026

    Fla. Panel Orders New Trial In $604K PGA Resort Fall Suit

    A Florida appeals panel has ordered a new trial and vacated a $604,000 jury verdict in a woman's trip-and-fall suit against PGA National Resort and Spa, saying the trial court wrongly treated an out-of-date administrative rule as binding law.

  • September 10, 2026

    7th Circ. Won't Revive Mail Carrier's Race Bias Suit

    The Seventh Circuit declined to revive a U.S. Postal Service carrier's discrimination suit stemming from an altercation with his supervisor, who called police to escort him off the premises, ruling Thursday no reasonable jury could say the treatment, "however disrespectful or ill-advised," had anything to do with the carrier's race.

Expert Analysis

  • 4th Circ. Class Cert. Ruling Offers Tips For Damages Experts

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    The Fourth Circuit's recent decision reversing class certification in litigation against Boeing raises the cost of a bare-bones damages model proposal for plaintiffs, but it also clarifies what a defensible proposal should contain, say Alok Khare and Erica Rose at FTI Consulting.

  • Opinion

    'Plain Meaning' Requires Plainer Meaning In IP Litigation

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    The Federal Circuit's recent decision in Socket Solutions v. Import Global highlights the frequent ambiguity surrounding courts' references to "plain meaning" in patent claim construction — an ambiguity that should be resolved by courts, not litigants, say attorneys at Klarquist Sparkman.

  • What To Know As Legal Duty To Consider AI Takes Shape

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    While the U.K. Jurisdiction Taskforce’s recent statement on liability for artificial intelligence harms is nonbinding for both U.K. and U.S. lawyers, it highlights the importance of being able to distinguish between the availability of a tool and a professional obligation to use it, say Jonny Frank and Michael Costa at StoneTurn.

  • Patent Ruling Shows Concrete Tech Solution Key To Eligibility

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    The Federal Circuit’s recent Ceiva Opco v. Amazon.com decision offers an important reminder that software-related inventions can remain patent eligible when they claim a concrete technological solution to a specific problem, says Irah Donner at Manatt.

  • Appellate Vape Rulings May Expand State Regulation Powers

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    Two recent federal appeals courts decisions rejecting Federal Food, Drug and Cosmetic Act preemption challenges to state electronic nicotine delivery systems directory laws signal an emerging appellate consensus that could significantly expand states' power to regulate vaping product sales where federal enforcement falls short, say attorneys at Troutman.

  • How Solar Fraud Case Affects Lender Oversight Of Dealers

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    The U.S. Supreme Court's refusal to review the Third Circuit's ruling in Migliore v. Sunlight Financial means that residential solar finance companies are protected from vicarious liability for deceptive acts by independent solar dealers — but lenders must still take steps to guard against dealer misconduct, says Rand Manasse at Green Lane Partners.

  • Fed. Circ. Rulings Emphasize Adjudicative Access And Review

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    Decisions from the Federal Circuit's 2026 docket indicate that the court is increasingly paying attention to whether tribunals possess authority to act, meaning practitioners will need to properly address procedural hurdles before they can argue the merits of a case, say attorneys at Reichman Jorgensen.

  • Amazon v. Perplexity Ruling Limits CFAA Reach Over AI Tools

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    The Ninth Circuit's recent decision in Amazon v. Perplexity provides important early guidance on how the Computer Fraud and Abuse Act applies to agentic artificial intelligence, and is the latest in a line of rulings in which courts have declined to stretch existing statutes to broadly regulate AI, say attorneys at Ropes & Gray.

  • 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.

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