Appellate

  • October 20, 2026

    8th Circ. Panel Doubts Investors' Medtronic Insulin Pump Suit

    The Eighth Circuit appeared skeptical Tuesday of investors' bid to revive allegations that medical device company Medtronic failed to properly communicate problems with an insulin pump device it manufactured and was ultimately recalled, with judges questioning arguments that certain interactions between the company and regulators weren't properly disclosed.

  • October 20, 2026

    New Rule On Invoking Defendant's Past Convictions Hits Snag

    A yearslong effort to make it harder for prosecutors to invoke a criminal defendant's past convictions appeared to be gaining traction — until the senior executive arm of the Judicial Conference recently intervened and the U.S. Department of Justice abruptly withdrew its support for the proposal.

  • October 20, 2026

    LA Tells 9th Circ. DOJ Pot Shift Can't Revive License Appeal

    The city of Los Angeles is urging the Ninth Circuit to throw out a challenge to its social equity cannabis licensure program, saying the Constitution's dormant commerce clause doesn't apply to marijuana regardless of recent changes to federal cannabis policy.

  • October 20, 2026

    Split DC Circ. Revives Faith Groups' Challenge To ICE Raids

    A split D.C. Circuit panel ruled Tuesday that a collection of faith groups likely have standing to challenge the Trump administration's rescission of a decades-old policy shielding houses of worship from immigration raids, holding that the congregations face a "credible threat" of enforcement, enough to be heard in court.

  • October 20, 2026

    NJ Panel Revives Hill Wallack Malpractice Suit

    A New Jersey state appeals court panel ruled Tuesday that a trial court must rethink its dismissal of a suit accusing Hill Wallack LLP of mishandling the defense of a family facing labor trafficking allegations, saying a more detailed record is needed to establish whether discovery responses were deficient.

  • October 20, 2026

    Mass. High Court Backs Ban On Under-21s Carrying Guns

    Massachusetts' highest court on Tuesday upheld a law prohibiting anyone under 21 from possessing guns, finding the restrictions are consistent with historical regulations on youth and firearms.

  • October 20, 2026

    Starbucks Seeks Full 5th Circ. Review Of NLRB Union Ruling

    Starbucks has urged the full Fifth Circuit to rehear a recent panel decision finding that the coffee chain engaged in multiple federal labor law violations to suppress a union campaign in Upstate New York, claiming the decision conflicts with U.S. Supreme Court and circuit court precedent.

  • October 20, 2026

    Ohio Justices Say Moratorium Ends Data Center Site Plan

    The Ohio Supreme Court on Tuesday unanimously rejected a data center developer's call to force Lordstown, Ohio, to consider a plan for a project submitted days before the village council enacted a ban on the construction of any new data centers.

  • October 19, 2026

    Justices Asked To Resolve Nonsignatory Arbitration Split

    A trading firm is urging the U.S. Supreme Court to finally resolve whether an arbitrator or a court should decide the proper venue for a dispute involving a nonsignatory to an arbitration agreement, as it fights a Seventh Circuit opinion keeping a putative securities class action in court.

  • October 19, 2026

    Rogoff Tells 9th Circ. Firing Furthers 'Evil' Framers Opposed

    Roger Rogoff urged the Ninth Circuit to affirm a lower judge's order reinstating him as Seattle's top federal prosecutor, asserting in a filing Friday that he's entitled to keep the court-appointed U.S. attorney position until President Donald Trump fills the role with a Senate-confirmed nominee.

  • October 19, 2026

    9th Circ. Open To Reviving P&G Shampoo 'Natural' Ad Fight

    A Ninth Circuit panel appeared open Monday to reviving a putative class action alleging The Procter & Gamble Co.'s Herbal Essences and Pantene shampoo labels dupe consumers by claiming 90% or 97% of ingredients are of "Natural Origin" or "Naturally-Derived," with two judges suggesting the case was prematurely tossed.

  • October 19, 2026

    9th Circ. Doubts Kids Agreed To Arb. Roblox Gambling Claims

    A Ninth Circuit panel doubted Monday a website owner's arguments he is entitled to a trial over whether a putative class of minors agreed to arbitrate their claims Roblox and others operated an illegal gambling business, with one judge asking if the appellant wants 9-year-olds to attest to whether they entered a contract.

  • October 19, 2026

    Nike Seeks Quick Appeal In Misleading Email Promo Suit

    Nike has asked a Washington state judge for permission to immediately appeal her decision refusing to end a proposed class action alleging it spammed customers' inboxes with emails containing misleading discount subject lines, a move that Nike says could affect over 200 similar pending cases with no-injury claims. 

  • October 19, 2026

    Justices Urged To Hear Case Targeting FINRA Enforcement

    The U.S. Supreme Court has been asked to hear a case challenging the ability of the Financial Industry Regulatory Authority to impose fines through an in-house disciplinary procedure with a broker who was penalized by the regulator, telling the justices that it was "futile" to first bring his constitutional arguments before the U.S. Securities and Exchange Commission.

  • October 19, 2026

    Texas Justices Won't Review Union Pacific Death Suit

    The Texas Supreme Court refused to undo a win for Union Pacific, which was accused of causing the death of a father of three by failing to correct an "extra-hazardous" railroad crossing with a history of near misses and collisions.

  • October 19, 2026

    Colo. Justices Agree To Hear Short-Term Rental Fee Challenge

    The Colorado Supreme Court agreed on Monday to hear, as a matter of first impression, a rental owner's challenge to the town of Breckenridge's imposition of a regulatory fee on obtaining or renewing licenses for short-term rentals.

  • October 19, 2026

    Jackson Lewis Hires Calif. DOJ Atty With Employment Chops

    An attorney who has decades of experience representing employees in wage-and-hour class actions and Fair Labor Standards Act collective actions against major companies and most recently served as supervising deputy attorney general for the California Department of Justice has joined Jackson Lewis PC.

  • October 19, 2026

    Port Of Seattle Challenges Trump Grant Terms Targeting DEI

    The Port of Seattle and several Washington cities and counties asked a federal judge to block the Trump administration from enforcing new grant conditions that would threaten $87 million in funding, arguing the restrictions lack clear standards of conduct.

  • October 19, 2026

    6th Circ. Says Mich. Prison Officials Must Face Mold Suit

    The Sixth Circuit has ruled that several Michigan prison officials are not entitled to immunity from a lawsuit alleging that they were aware of mold contamination in a women's prison that led to several incarcerated people having seizures and developing respiratory issues.

  • October 19, 2026

    Calif. Appeals Court Revives Claims In Northrop Wage Row

    A California appeals court has partially reopened a former employee's suit alleging that Northrop Grumman illegally issued multiple wage statements per pay period to some of its workers, ruling that a trial court must decide if the company's actions were in good faith before it can award damages.

  • October 19, 2026

    Split 1st Circ. Nixes Plea Over Flawed Immigration Advice

    A divided First Circuit panel upheld a decision to vacate a Venezuelan woman's drug conspiracy conviction because a lawyer incorrectly assured her that she could remain in the U.S. and "work out" her immigration status after she pled guilty.

  • October 19, 2026

    5th Circ. Unwinds Cassava Class Over 'Meme Stock' Claims

    The Fifth Circuit has overturned the class status of investors accusing Cassava Sciences Inc. of making misleading statements about clinical trial results for a potential Alzheimer's drug, saying that a lower court judge did not properly consider the company's arguments that its stock price was impacted by the "meme stock" craze.

  • October 19, 2026

    3rd Circ. Denies Church Interim Relief In Shrine Zoning Fight

    A church may be likely to win its case that a Pittsburgh-area zoning board violated its religious liberties by rejecting a shrine to the "sanctity of life," but a split Third Circuit panel ruled Monday that it did not merit a preliminary injunction because preserving the "status quo" did not require construction of the shrine.

  • October 19, 2026

    Mass. Court Affirms Doctor's Partial Win Over Insurer

    A doctor whose career was cut short after losing the use of his feet is entitled to damages from Paul Revere Life Insurance Co. for breach of contract and unfair settlement practices under state law, but cannot revive other claims tossed by a judge or extend the statute of limitations, an intermediate appellate court said Monday.

  • October 19, 2026

    Puerto Rico Towns Say Climate Suit Deadline Creates 'Trap'

    Puerto Rico municipalities have told the First Circuit that a lower court dismissing as untimely their antitrust and racketeering lawsuit saying energy companies concealed the climate change dangers of fossil fuel products "presents a trap" for any such claims.

Expert Analysis

  • Pa. Anti-SLAPP Ruling Shows Risks Of Atty Defamation Suits

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    A Pennsylvania federal court’s recent Lento Law Group v. Estrada ruling addressed an unsettled question about mandatory fee-shifting provisions in the state’s anti-SLAPP law — and illustrates why attorneys should think twice before suing former clients over negative online reviews, say attorneys at Pietragallo Gordon.

  • 9th Circ. 'Bad Spaniels' Ruling Rewrites TM Dilution Playbook

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    The Ninth Circuit’s recent ruling that each element of the Jack Daniel's packaging parodied by the Bad Spaniels dog toy must be independently assessed for fame narrows trademark owners' ability to use a flagship mark's halo effect to protect the entire brand from tarnishment, say attorneys at Reed Smith.

  • Fed. Circ. In July: Meeting The Enablement Requirement

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    The Federal Circuit's decision in Wyeth v. AstraZeneca last month exemplifies when a generalized conception of an invention is insufficient to enable the full scope of asserted patent infringement claims, and may lead to more enablement challenges, say attorneys at Knobbe Martens.

  • Calif. Ruling Opens Del. Cos. Up To Stockholder Inspection

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    A California appellate court's recent decision in Salamon v. Orchid Global underscores that despite last year's amendments to the Delaware General Corporation Law, Delaware companies with principal operations in California remain subject to California's broader and more stockholder-protective inspection regime, say attorneys at Sheppard.

  • What 9th Circ. Devas Ruling Means For AI Infrastructure Deals

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    The Ninth Circuit's recent confirmation of a $2 billion arbitration award in Devas Multimedia's arbitration against a state-owned commercial arm of India’s space agency creates a cross-border enforcement road map for disputes that are bound to arise from the current generation of artificial intelligence infrastructure deals, says Fernanda Merouco at Davis Wright.

  • 9th Circ. Wage Ruling Shows Arbitration Pacts Are Still Useful

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    After years of uncertainty for California employers, the Ninth Circuit’s recent Cocom v. ABM Aviation decision signals that workplace arbitration agreements remain a powerful and enforceable tool — if thoughtfully drafted and employment-focused, says Benjamin Runge at Thompson Coburn.

  • Series

    Taekwondo Makes Me A Better Lawyer

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    Taekwondo has taught me to recognize when to fight for a position and when to focus on finding a solution, and that the best outcomes are often achieved by solving problems — all of which has improved my work as a bankruptcy lawyer, mediator and Subchapter V trustee, says Amy Denton Mayer at Berger Singerman.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses seven recent rulings from cases involving Class Action Fairness Act jurisdiction, appellate jurisdiction, attorney fees and employment rights.

  • 3rd Circ. Hotel Ruling Flags Key Issues In Dynamic Pricing

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    The Third Circuit's recent decision in Cornish-Adebiyi v. Caesars Entertainment relies on allegations that competitors used nonpublic data to set real-time rates considered exorbitant, highlighting both the potential risks and substantial benefits of utilizing emerging technologies, say attorneys at Baker McKenzie.

  • 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.

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