Appellate

  • August 04, 2026

    5th Circ. Confronts Intervention Row In Prairie-Chicken Suit

    A Fifth Circuit panel appeared skeptical of a U.S. government attorney's assertion that an environmental advocacy group waited too long to enter a lawsuit to contest the Trump administration's decision to scrap an endangered species listing for the lesser prairie-chicken.

  • August 04, 2026

    5th Circ. Hints Texas App Age-Check Law Needs More Review

    A Fifth Circuit panel wanted to know whether the lower court should have gone "provision by provision" before halting a Texas law that requires app store owners to block minors from downloading apps without parental consent, suggesting the lower court needed to do more while weighing the legislation's constitutionality.

  • August 04, 2026

    Colo. Panel Mulls Med Mal Retrial Bid Over Pretrial Meeting

    A Colorado man urged a state appellate court Tuesday to order a new trial in his medical malpractice lawsuit in which jurors sided with his physicians, arguing to a skeptical panel that the defense's ex parte pretrial meeting with his own treating surgeon caused him prejudicial harm.

  • August 04, 2026

    3rd Circ. Won't Give Ex-Olympus Exec Another Go At FCA Suit

    The Third Circuit has declined to revive a whistleblower suit by Olympus Corp.'s former employee who claimed he was fired after reporting FDA regulatory violations, ruling Tuesday that he failed to state a retaliation claim under the False Claims Act since he didn't link his concerns to a reasonable belief that Olympus defrauded the government.

  • August 04, 2026

    11th Circ. Backs $12M Battery IP Award, But Drops Damages

    The Eleventh Circuit on Tuesday affirmed a Florida federal jury's conclusion that a battery charger company infringed a competitor's trademarks with Amazon advertisements and other communications and upheld a $12.1 million disgorgement order — although it ordered a new trial on a separate $1.3 million damages award.

  • August 04, 2026

    DC Circ. Says Feds' $629M Settlement Belongs In Terror Fund

    The federal government must deposit $629 million earned from settled bank fraud and sanctions violation charges against a tobacco company into a fund supporting victims of state-sponsored terror, the D.C. Circuit ruled Tuesday, favoring two victims of terror attacks in Lebanon.

  • August 04, 2026

    9th Circ. Upholds Jurisdiction In $22M Chinese Debtor Case

    The Ninth Circuit ruled in a published opinion Monday that a physically present defendant need not be personally served in order for a court to have personal jurisdiction, affirming the enforcement of a $22.2 million Chinese arbitral award in a case centering on a defaulted loan.

  • August 04, 2026

    5th Circ. Revives Penske Vicarious Liability Suit

    The Fifth Circuit Tuesday revived a lawsuit alleging trucking services giant Penske Logistics LLC and its freight broker affiliate Penske Transportation Management LLC are vicariously liable for a fatal 2018 Texas collision, after the U.S. Supreme Court's recent Montgomery ruling reshaped brokers' liability exposure.

  • August 04, 2026

    DC Circ. Upholds Injunction Forcing EPA To Fund Clean Energy

    A split D.C. Circuit affirmed a lower court decision blocking the Trump administration from freezing $20 billion in clean-energy grant money Tuesday, overturning a divided circuit panel decision from September that vacated the injunction and would have allowed the administration to claw back the funding.

  • August 04, 2026

    Fla. High Court Won't Touch Reversal Of $213M 'Maya' Award

    The Florida Supreme Court said Tuesday it would not hear the appeal of a decision that reversed a $213 million judgment against a Florida hospital in favor of Maya Kowalski, the subject of the Netflix documentary "Take Care of Maya."

  • August 04, 2026

    5th Circ. Weighs KKK Act For 'Trump Train' Driver

    A Fifth Circuit judge wanted to know why the Ku Klux Klan Act should apply to a member of the "Trump Train" convoy who collided with a campaign vehicle in 2020, questioning Tuesday whether supporters of then-presidential nominee Joe Biden fell under the law's description.

  • August 04, 2026

    Mich. Trooper's Bias Claim Barred By 6-Month Notice Rule

    A state trooper's disability discrimination claim against the Michigan State Police qualifies as a personal injury claim subject to a six-month notice deadline, a Michigan appellate court has determined. 

  • August 04, 2026

    Search Rival, Advocates Back DOJ Against Google In DC Circ.

    Academics, policy experts, advocacy groups and several rivals lent their voices Tuesday to the U.S. Department of Justice's defense of its monopolization win over Google, while urging the D.C. Circuit to strengthen the "relatively modest remedies" they say leave Google able to dominate both search and artificial intelligence.

  • August 04, 2026

    Workers Should Get Back Pay In RLA Dispute, 9th Circ. Says

    A California federal judge erred by refusing to order an airline caterer to provide its workers with back pay after a healthcare dispute with a union, a split Ninth Circuit ruled Tuesday, saying the Railway Labor Act violation committed by the caterer occasioned a back pay award.

  • August 04, 2026

    Ex-Team Owner Says PR Baseball League Can't Escape Suit

    The former owner of a Puerto Rican baseball team is looking to keep his antitrust suit against the league afloat, telling a federal judge that the league's efforts to snuff out the case are premature.

  • August 04, 2026

    Day Pitney Dropped From Suit Over Ex-Justice's Involvement

    A Connecticut state court judge allowed Day Pitney LLP to withdraw from a $1.3 million corporate windup feud after the involvement of one of its partners, a former chief justice on the state Supreme Court, came to light, negating the defendants' call for an evidentiary hearing on a motion to disqualify the firm.

  • August 04, 2026

    Full 11th Circ. Says Fla. Can Enforce Drag Show Law

    A full panel of Eleventh Circuit judges on Tuesday handed a win to Florida and issued a split opinion vacating an order halting enforcement of a state law prohibiting children at drag shows, finding it wasn't unconstitutionally vague and that the lower court lacked authority to issue a broad injunction.

  • August 04, 2026

    9th Circ. Vacates Amazon's Block On Perplexity AI Bot

    The Ninth Circuit on Tuesday vacated a lower court's preliminary injunction preventing Perplexity's artificial intelligence tool from purchasing items for users on Amazon's platform, saying the online retailer is unlikely to prevail on its claim that the AI tool "accessed" its servers in violation of computer hacking laws.

  • August 04, 2026

    NJ Justices Limit Part Of Child Sex Abuse Law's Retroactivity

    The New Jersey Supreme Court said Tuesday that a 2021 amendment to the Child Sexual Abuse Act that expanded the scope of liability to public schools applies only prospectively, holding that the change was substantial and that its prospective application is confirmed by the plain language of the legislation.

  • August 04, 2026

    Fla. AG Requests Impeachment Probe Into 11th Circ. Judge

    Florida's Attorney General said Monday he is asking Congress to open an impeachment inquiry into U.S. Circuit Judge Nancy Abudu because of work she did before ascending to the Eleventh Circuit bench for the Southern Poverty Law Center.

  • August 04, 2026

    11th Circ. Lets Honeywell Move Pollution Case To Fed. Court

    The Eleventh Circuit said a Georgia city's case against Honeywell International Inc. and The Georgia Power Co. over the alleged pollution of waterways and property does not belong in state court, siding with the companies in their effort to undo a lower court's decision to remand the dispute.

  • August 04, 2026

    Climate Crisis Costs Top $8B In Indian Country, Justices Told

    More than a dozen Indigenous nations, federal Indian law professors and tribal organizations are backing Boulder County, Colorado, in the Supreme Court, telling the justices that climate change has already caused roughly $8 billion in disruptions across Indian Country, yet the federal government provides only $400 million to mitigate them.

  • August 04, 2026

    RJR Urges Fla. Appeals Court To Toss $34M Smoker Verdict

    R.J. Reynolds asked a Florida appeals court Tuesday to undo a $34.5 million verdict for the death of a 38-year-old smoker, arguing the smoker's widow never showed at trial that he relied on allegedly fraudulent statements by the tobacco company about the danger of cigarettes.

  • August 04, 2026

    Fed. Circ. Pulls Plug On Wall Socket Injunction In IP Case

    The Federal Circuit on Tuesday vacated an injunction temporarily blocking a company from selling its wall outlet covers while a patent infringement case proceeds against it, faulting a Florida federal court's interpretation of a pair of key claim terms.

  • August 04, 2026

    8th Circ. Backs Chemical Co. In EEOC Race Bias Lawsuit

    The Eighth Circuit on Tuesday upheld the Equal Employment Opportunity Commission's trial loss in its lawsuit alleging that a chemical company violated civil rights law by failing to prevent racial harassment against a Black employee, ruling that the agency failed to show the jury had relied on flawed jury instructions.

Expert Analysis

  • Startup Founder Disputes Increasingly Turn On Governance

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    Recent Delaware developments suggest that as courts place increasing emphasis on board process, independence and oversight in founder-led startups, the growing intersection of governance, technology risk and investor oversight is accelerating both the emergence and escalation of founder disputes, says mediator Frank Burke.

  • 3 AI Adoption Mistakes GCs Should Avoid

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    The pressure in-house legal teams face to quickly adopt artificial intelligence tools, combined with budget constraints and the need to evaluate a crowded market of options, sets the stage for implementation mistakes that are often difficult to undo, says former 23andMe general counsel Guy Chayoun.

  • Series

    Playing Basketball Makes Me A Better Lawyer

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    My grandfather used to say "I wear your jersey" as shorthand for wholly committing to support someone with loyalty and integrity — ideals that have shaped my life on the basketball court and in legal practice, says Tracy Schimelfenig at Schimelfenig Legal.

  • Salt-N-Pepa Suit May Shake Up Music Copyright Issue

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    James v. UMG Recordings is a copyright termination rights case that provides an opportunity for the Second Circuit to make concrete choices about grant language, authorship, work-for-hire status and survival of derivative works, says attorney Abdul Abdullahi.

  • Opinion

    5th Circ.'s Abortion Pill Order Is Shaky On Multiple Grounds

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    The Fifth Circuit's recent order in Louisiana v. U.S. Food and Drug Administration, reinstating an in-person dispensing requirement for the abortion medication mifepristone, seems to turn federalism upside-down, and is also questionable for several other reasons, says Gregory Curtner at Curtner Law.

  • Series

    The Biz Court Digest: Georgia Court Has Business On Its Mind

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    Thanks to recent legislation, the Georgia State-wide Business Court will soon offer business litigants greater access to the court than ever before, further enhancing the court's emphasis on efficiency, predictability and accessibility for sophisticated commercial disputes, says former GSBC judge Walt Davis at Jones Day.

  • 5 Takeaways From Justices' Subpoena Fight Ruling

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    The U.S. Supreme Court's recent decision in First Choice v. Davenport fortifies a line of First Amendment associational privacy cases stretching back nearly 70 years, and ensures that organizations subject to government demands for donor information have a meaningful federal forum in which to defend their constitutional rights, say attorneys at DLA Piper.

  • Where The Preemption Fight Over Prediction Markets Stands

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    While the Third Circuit's recent ruling in Kalshi v. Flaherty remains a significant win for the federal government in its quest to regulate prediction markets, the Fourth, Sixth and Ninth Circuits appear more skeptical, indicating that this fight is likely headed for the Supreme Court, says Johnny ElHachem at Holland & Knight.

  • Md. Justices' State Climate Tort Ban May Shape National Path

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    The Maryland Supreme Court’s recent ruling that federal law preempted state-level deceptive marketing tort claims brought by several municipalities could offer the U.S. Supreme Court a road map to use in the pending Suncor Energy v. Boulder County case to exclude states from the business of regulating global emissions, say attorneys at ArentFox Schiff.

  • 4 Emerging Approaches To AI Protective Order Language

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    Over the last year, at least five federal district courts have issued or analyzed specific protective order provisions restricting the use of generative artificial intelligence platforms with protected materials, establishing that proactive AI-specific provisions are now standard practice and demonstrating that no single model works for every case, says Joel Bush at Kilpatrick.

  • What Justices Are Focusing On In 'Skinny Label' Patent Case

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    Though Hikma v. Amarin appears to be a patent dispute that could reshape inducement doctrine in the pharmaceutical context, oral argument suggests the U.S. Supreme Court may treat this as primarily a pleading-stage dispute, with important unresolved questions lurking beneath the surface, says Shashank Upadhye at Upadhye Tang.

  • Employer Tips After 4th Circ. Rejects Trimmed Suit Deadlines

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    The Fourth Circuit's recent holding in Thomas v. EOTech that employers cannot use contractual provisions to shorten statutory filing periods for Title VII or Age Discrimination in Employment Act claims offers a warning for employers to review any such documents and reassess their litigation risk, say attorneys at Ogletree.

  • Binance Win Shows Constraints On Anti-Terrorism Act Claims

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    The Southern District of New York's recent ruling in Troell v. Binance illustrates that the Second Circuit's earlier decision in Ashley v. Deutsche Bank is holding weight with courts, and companies facing aiding and abetting risk should thus monitor evolving case law and assess exposure based on nexus allegations, say attorneys at Freshfields.

  • Understanding The Insider Trading Gap In Prediction Markets

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    While the first-ever insider trading indictment involving a prediction market — the recent prosecution of a service member involved in the capture of Nicolás Maduro — comprised extreme facts and straightforward legal theories, future cases will test the bounds of insider trading law, say attorneys at Baker McKenzie.

  • Heppner Ruling Left AI Privilege Risk For Lawyers Unresolved

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    While a New York federal judge’s recent ruling in U.S. v. Heppner resolved a privilege question surrounding client-side artificial intelligence use, it did not address how to mitigate the risks that can arise when confidential information enters the operative context of an AI system used by an attorney, says Jianfei Chen at Quarles & Brady​​​​​​​.

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