Appellate

  • July 13, 2026

    7th Circ. Won't Reopen White Infosys Workers' Bias Suit

    The Seventh Circuit refused Monday to revive a lawsuit alleging Infosys Technologies exhibited systemic bias against workers who weren't of South Asian descent, finding no issue with the trial court's rejection of an expert who admitted he lacked experience with the name-recognition methodology he used.

  • July 13, 2026

    NJ Justices Revamp Test For Certain Zoning Variances

    The New Jersey Supreme Court revised a decades-old legal test governing use variances for "inherently beneficial" projects, ruling Monday that applicants must show that a proposed development will not substantially impair a municipality's zoning plan before a zoning board balances the project's public benefits against its downsides.

  • July 13, 2026

    GOP States Back Bid To Restore Voter Database Expansion

    A group of Republican-led states is calling on the D.C. Circuit to stay a lower court decision vacating the Trump administration's changes to a database used to verify voters' citizenship or immigration statuses, saying that a number of state laws cannot be executed if Social Security number searches are not allowed.

  • July 13, 2026

    Software Co.'s Lack Of 'Diligence' Dooms Late TM Suit Update

    A North Carolina federal judge has faulted a software company's "lack of diligence" in submitting proper paperwork to the U.S. Patent and Trademark Office and notifying the court its trademark was canceled as the judge denied the company's request to amend its lawsuit against a European rival.

  • July 13, 2026

    J&J Asks 3rd Circ. To Block Return Of Ex-Worker's Fee Claims

    Johnson & Johnson has asked the Third Circuit to keep dismissed excessive fee claims out of a proposed class action alleging the company charged employees too much for a prescription drug benefits program, arguing that the lower court correctly tossed that portion of the suit for lack of standing.

  • July 13, 2026

    2nd Circ. Rejects Bid To End NYC's Congestion Pricing

    The Second Circuit on Monday upheld New York City's congestion pricing, rejecting two suburban counties' claims that Manhattan's congestion pricing tolls are discriminatory and unconstitutionally restrict motorists' right to travel.

  • July 13, 2026

    Government Backs Tax Evader's Higher Sentence At 4th Circ.

    A West Virginia federal judge correctly handed down an enhanced sentence to a real estate appraisal business owner convicted of failing to pay employment taxes, federal prosecutors told the Fourth Circuit, urging the court to affirm the court's sentence.

  • July 13, 2026

    Ill. Conforms Property Tax Law With High Court Takings Case

    Illinois updated parts of its property tax code to clarify that tax authorities cannot keep more than a debtor owes under a bill approved by Democratic Gov. J.B. Pritzker.

  • July 13, 2026

    7th Circ. Revives Teva Suit Over Eli Lilly Generic Drug Block

    The Seventh Circuit on Monday revived a breach-of-contract lawsuit against Eli Lilly, ruling that an earlier legal settlement under which Eli Lilly agreed not to block the approval and marketing of Teva Pharmaceuticals' generic version of its osteoporosis drug Forteo didn't necessarily expire when the underlying patents did.

  • July 13, 2026

    Fed. Circ. OKs Roku's PTAB Win Axing Ecolink Patent Claims

    The Federal Circuit on Monday upheld a decision from the Patent Trial and Appeal Board invalidating six claims of a "smart" alarm device patent that was challenged by Roku Inc.

  • July 13, 2026

    Hemp Co. Tells 7th Circ. To Leave RICO Case Buried

    Hemp product maker Urb Cannabis and its affiliates are urging the Seventh Circuit to leave intact the dismissal of a hemp seller's suit alleging that Urb's products were illegal and led to a police raid on his store, saying the racketeering claims are insufficient and fail to describe the conspiracy or identify its members.

  • July 13, 2026

    Blanche Hearing To Proceed After Graham's Death

    The Senate Judiciary Committee will still hold the confirmation hearing for Todd Blanche's nomination to be attorney general on Wednesday, despite the death of committee member Sen. Lindsey Graham, R-S.C., over the weekend. 

  • July 13, 2026

    Families Cite Geofence Ruling In Newborn Blood Testing Case

    A group of parents suing the state of Michigan over the way newborn blood samples are collected and stored has asked a federal judge to revive its claims by citing recently decided U.S. Supreme Court precedent over the use of bulk cellphone data by police.

  • July 13, 2026

    Javerbaum Wurgaft Beats Challenge To Defamation Suit Win

    New Jersey law firms posting about their cases and achievements are protected by the state's anti-SLAPP law, the state's Appellate Division ruled Monday in backing the dismissal of Holtec International's suit against Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins PC over a blog post about the firm's representation of a former Holtec executive.

  • July 13, 2026

    Fed. Circ. Removes Early Sales Ban In Door Patent Case

    The Federal Circuit on Monday again threw out a preliminary injunction barring sales of insulated doors while patent litigation over them plays out, ruling an Ohio federal judge wrongly found that the patent owner and a licensee were likely to prevail in the case.

  • July 13, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week handled disputes involving corporate control, post-closing competition, executive departures, arbitration awards and shareholder litigation.

  • July 13, 2026

    Fed. Circ. Revives Google Fight Against Voice Tech Patent

    The Federal Circuit on Monday gave Google a new chance to invalidate a patent covering a voice-operated internet browsing system, saying the Patent Trial and Appeal Board needs to take another look at the company's challenge.

  • July 13, 2026

    Mass. High Court Says Prevailing Wage Skips Routine Repairs

    Massachusetts' highest court ruled Monday that routine maintenance and repair work at a privatized wastewater treatment facility does not trigger prevailing wage protections under a state special act, finding the phrase "construction and design of improvements" carries a narrower technical meaning than the workers claimed.

  • July 10, 2026

    Biggest Illinois Decisions Of 2026: Midyear Report

    One of the biggest decisions to come down in Illinois so far this year applies a 2-year-old Biometric Information Privacy Act amendment retroactively in an appellate ruling experts anticipate will deflate settlement values even though it came from a federal court.

  • July 10, 2026

    Davis Wright Atty Hit With Sanctions After Winning Sanctions

    After defending six-figure sanctions of plaintiffs lawyers for "a reckless course of prolonging litigation," a Davis Wright Tremaine LLP attorney is facing his own six-figure sanctions, with a California magistrate judge finding he "unnecessarily burdened" opposing counsel despite warnings dating back years about "improper litigation tactics."

  • July 10, 2026

    Ill. Appeals Court Upholds $45M Talc Verdict Against J&J

    A split Illinois state appeals court on Friday refused to disturb a jury's verdict awarding $45 million to the family of a woman who developed mesothelioma and died after using Johnson & Johnson's talc baby powder for decades, ruling that her case warranted both wrongful death and shortened life damages.

  • July 10, 2026

    Kalshi's Contracts 'Sound Like A Bet,' 9th Circ. Judge Says

    A Ninth Circuit panel appeared open Friday to preliminarily blocking Kalshi and Robinhood from offering sports contracts on tribal land, with one judge saying Kalshi's contracts "sound like a bet" subject to Native American gambling laws and another saying it "wouldn't be so unreasonable" to exclude tribes from federal oversight in this area.

  • July 10, 2026

    Nexstar-Tegna Merger Challenge Gets July 2027 Trial Date

    A California federal judge has scheduled an early July 2027 trial date in DirecTV and a coalition of states' lawsuit seeking to stop Nexstar Media Group Inc.'s integration with rival broadcast company Tegna Inc.

  • July 10, 2026

    1st Circ. Sinks Child Porn Evidence Found On Wrong Phone

    The First Circuit has upheld a lower court's ruling to suppress child pornography evidence found on a Puerto Rico man's iPhone, saying federal agents could not rely on the good faith exception after knowingly searching a device not specified in their warrant.

  • July 10, 2026

    Hospitals, Housing Targeted In 2026 As Fed Antitrust Wanes

    The U.S. Department of Justice Antitrust Division and Federal Trade Commission are confronting claims that federal antitrust enforcement is petering out even as the agencies' dockets in 2026 include actions against hospital systems' demands on insurers, rental home listings, protein industry data and criminal prosecutions.

Expert Analysis

  • Insurance Ruling Extends NY Bad Faith To 3rd-Party Coverage

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    In Renergy v. Mt. Hawley Insurance, a New York federal court recently granted a policyholder leave to amend its complaint to clarify a bad faith claims handling cause of action, confirming, after nearly 20 years, that bad faith damages are available in the third-party liability context, say attorneys at Barnes & Thornburg.

  • Opinion

    Rule Of Law Requires Gov't Engagement With Bar, Not Retreat

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    A federal agency's absence from national and local bar conferences, most recently illustrated by the U.S. Department of Justice's withdrawal from a New York City Bar Association white collar conference, disserves the bar, the government lawyers themselves and, ultimately, the administration of justice, says Muhammad Faridi at Linklaters.

  • Fed. Circ. Clarifies Standard For Contesting CICA Overrides

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    The Federal Circuit's recent holding in Life Science Logistics strengthens the hand of protesters facing an override of the Competition in Contracting Act stay, and a Court of Federal Claims decision the same day demonstrates that how a protester frames its requested relief remains critically important, says Richard Arnholt at Bass Berry.

  • The Paradoxical Duty To Adopt AI When You Can't Bill For It

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    Both billing for hours saved using artificial intelligence and preserving billable time by not adopting AI may violate rules of professional conduct, but until bar associations' ethics rules catch up to this emerging economic dilemma, firms must decide how to adjust fee structures themselves, says Ines Lassalle at Peyrot & Associates.

  • 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.

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