Appellate

  • August 12, 2026

    11th Circ. Backs EPA, Fertilizer Co. In 'Radioactive' Road Case

    The Eleventh Circuit on Wednesday rejected an environmental group's challenge to the U.S. Environmental Protection Agency's decision allowing the construction of a private road with a radioactive byproduct from fertilizer production, finding EPA regulations don't categorically bar such use.

  • August 12, 2026

    9th Circ. Upholds Ex-ITT Students' $12M Loan Fraud Win

    The Ninth Circuit Wednesday affirmed a $12 million judgment to former students of bankrupt for-profit college ITT Education Services Inc., saying their RICO claims against student loan servicers weren't time-barred because evidence showed the students had no way of knowing they were being scammed more than four years before they filed suit.

  • August 12, 2026

    9th Circ. Backs Extradition For Al Qaeda In Iraq-Linked Killings

    The Ninth Circuit said Wednesday that a U.S. citizen can't escape his extradition to Iraq to be tried for the murders of two Iraqi police officers because the killings constitute international terrorism, meaning he is not protected by a political-offense exception to the relevant extradition treaty.

  • August 12, 2026

    10th Circ. Upholds Phone Search In Child Porn Case

    The Tenth Circuit upheld an Oklahoma man's child pornography convictions Wednesday, rejecting his arguments that police unlawfully prolonged a traffic stop and obtained an overly broad warrant to search his cellphone.

  • August 12, 2026

    Apple Gets Brief Pause In App Store Case From High Court

    The U.S. Supreme Court issued a brief stay Wednesday in a case from Epic Games targeting Apple's App Store policies, after the district court refused to put the case on hold while the justices review a contempt order against Apple.

  • August 12, 2026

    1st Circ. Urged Not To Revive Puerto Rico Climate RICO Suit

    Fossil fuel companies have urged the First Circuit to uphold the dismissal of a racketeering and antitrust lawsuit from several Puerto Rico municipalities claiming the companies misrepresented the climate dangers of fossil fuel products in causing a pair of hurricanes.

  • August 12, 2026

    11th Circ. Says Insurer's Appeal Is Moot After Settlement

    The Eleventh Circuit has dismissed Mt. Hawley Insurance Co.'s appeal of a ruling requiring it to defend a subcontractor in a wrongful death lawsuit, saying the settlement of the underlying suit in a Florida state court divested the federal appeals court of jurisdiction.

  • August 12, 2026

    Wheelchair Isn't A 'Vehicle' For DUI Test Consent In PA

    A Pennsylvania appeals court on Wednesday rolled out its finding that a man's wheelchair does not constitute a vehicle and that his use of the device to leave the scene of a car crash did not imply consent for a blood test as part of a DUI investigation.

  • August 12, 2026

    10th Circ. Says NAR Antitrust Suit Came Too Late

    A Tenth Circuit panel found Tuesday that antitrust allegations against listing rules created by the National Association of Realtors are time-barred because the four-year statute of limitations applies to the Utah-based real estate firm's claims.

  • August 12, 2026

    Trump Tells 11th Circ. Sanctions In IRS Case Must Be Paused

    President Donald Trump urged the Eleventh Circuit on Wednesday to halt sanctions imposed by a lower court over an immunity deal that would have given him broad protections from federal tax audits and investigations, arguing he and the government have distinct interests.

  • August 12, 2026

    Squires Tells Fed. Circ. PTAB Made Error In Corteva Decision

    U.S. Patent and Trademark Office Director John Squires has asked the Federal Circuit to intervene in Inari Agriculture's appeal of a Patent Trial and Appeal Board decision upholding a Corteva patent on insect-repellent corn, saying part of the board's decision was wrong.

  • August 12, 2026

    Guo Daughter Asks Justices To Hear $60M Yacht, Escrow Row

    Exiled Chinese businessman Miles Guo's daughter has asked the U.S. Supreme Court to review decisions transferring a yacht that sold for $23 million plus a $37 million escrow fund to her father's Connecticut Chapter 11 estate, saying a Second Circuit ruling conflicts with decisions in several other circuits.

  • August 12, 2026

    Conn. Justices OK Tax Penalty For Failure To File Form

    A Connecticut town didn't err when it assessed a tax penalty on a property owner that failed to file an income report requested by the town's assessor, even though the assessor had sent the form to an old address, the state Supreme Court affirmed Wednesday.

  • August 12, 2026

    11th Circ. Reopens ADA Suit Against Florida Fire Department

    An Eleventh Circuit panel has revived a former Florida fire department employee's Americans with Disabilities Act lawsuit against his ex-employer, saying a reasonable jury could find that the department caused the former medical chief's termination by failing to accommodate his disabilities.

  • August 12, 2026

    6th Circ. Rejects Prison Worker's Excessive Force Claim

    The Sixth Circuit has rejected a Michigan prison employee's excessive force claim stemming from injuries she suffered during a hostage training exercise, ruling that she was not "seized" under the Fourth Amendment because the officers were practicing a rescue rather than carrying out an actual law enforcement operation. 

  • August 12, 2026

    Full 5th Circ. Invalidates Part Of No Surprises Act Rules

    The full Fifth Circuit partially unraveled federal regulations that implemented an arbitration system between insurers and out-of-network providers that Congress established in a 2020 law called the No Surprises Act, holding aspects of how the rules calculated payment amounts for disputed claims were unlawful.

  • August 12, 2026

    Phone Data OK Despite Warrant Delays, Mass. Justices Say

    Four months was not an unreasonable delay between police taking a suspect's cellphone and obtaining a warrant to search its contents, Massachusetts' highest court ruled Wednesday, reversing suppression of phone evidence in two unrelated cases. 

  • August 12, 2026

    Trump Repeats Call To Remove Stay On Mail-In Ballot Order

    The Trump administration prodded the U.S. Supreme Court on Wednesday to "promptly" lift a Massachusetts judge's order prohibiting the enforcement of new restrictions on mail-in ballots in 23 states and the District of Columbia in this year's midterm elections. 

  • August 12, 2026

    3rd Circ. Revives Inmate's Claim Officials Blocked Grievance

    The Third Circuit ruled Wednesday that an incarcerated man in Pennsylvania must be given a second shot at bringing claims that a prison administrator violated his constitutional rights by calling him a "snitch" for filing previous federal lawsuits against the prison.

  • August 12, 2026

    Zillow Investors Urge Justices To Reject Post-Goldman Case

    Zillow investors have asked the U.S. Supreme Court not to hear a lawsuit over the company's shuttered homebuying business, arguing that the justices should reject Zillow's request to apply a "new, stricter rule" for certifying shareholder class actions.

  • August 12, 2026

    Kalshi Uses CFTC Order To Build Case For NY Shield

    Kalshi intensified its push for the Second Circuit to shield it from a New York state lawsuit targeting its sports event contracts Wednesday, arguing a new U.S. Commodity Futures Trading Commission directive demonstrates the company's need for protection.

  • August 12, 2026

    White House Drops Appeal Over Fast-Track Immigration Rule

    The Trump administration is dropping its D.C. Circuit appeal of a lower court's order blocking sweeping Executive Office for Immigrant Review rule changes that would have fast-tracked the review of deportation orders nationwide.

  • August 12, 2026

    Mich. Panel Backs TV Station In Reporter's Sex Bias Suit

    A former WXYZ reporter lost her sex discrimination suit when a Michigan state appeals court ruled the Detroit station had legitimate reasons for paying a male reporter more and that comments about her "distracting" forehead were not direct evidence of sex bias. 

  • August 12, 2026

    9th Circ. Says Aetna Must Face Benefit Misrepresentation Suit

    The Ninth Circuit revived allegations that Aetna misrepresented how much it would pay toward a patient's $150,000 surgery, finding that federal benefits law didn't preempt a claim brought under state law because the dispute centered on the payment commitments rather than the health plan itself.

  • August 12, 2026

    Justices To Hear Ex-Fulton County DA Aide's Bias Case

    The U.S. Supreme Court has scheduled oral arguments for a former Fulton County District Attorney's Office aide's appeal seeking to revive her pregnancy discrimination claim against her employer.

Expert Analysis

  • Justices' FTC Ruling Weakens Qui Tam's Constitutional Base

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    The U.S. Supreme Court’s holding in Trump v. Slaughter, expanding presidential control over those exercising executive power, suggests that courts may be receptive to arguments challenging the constitutional foundations of the False Claims Act’s qui tam mechanism, says Daniel Passeser at Wiggin.

  • 9th Circ. Rule Block Unlikely To Deter FinCEN Cartel Focus

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    The Ninth Circuit recently blocked the Financial Crimes Enforcement Unit's border cash reporting rule, interpreting it as an impermissible use of an emergency anti-money laundering tool, but regulators are more likely to see the opinion as a road map for building a more defensible rule, say attorneys at Bradley Arant.

  • 5 Financial Statement Fraud Red Flags To Spot Post-Sripetch

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    The U.S. Supreme Court recently held in Sripetch v. U.S. Securities and Exchange Commission that disgorgement exists to strip a wrongdoer of unjust enrichment, not merely to compensate victims for what they lost, shifting the work at the center of securities fraud cases in five ways, says Rand Manasse at Green Lane Partners.

  • QVC Ch. 11 Confirmation Shows Independent Directors' Value

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    QVC's recently confirmed Chapter 11 plan joins a growing body of restructuring precedent demonstrating that well-functioning independent director frameworks can create the evidentiary and governance foundation necessary to resolve complex intercompany disputes, preserve value and secure judicial approval of contested transactions, say attorneys at Choate.

  • Series

    Being A Sommelier Makes Me A Better Lawyer

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    Being a sommelier has quietly shaped how I practice law by changing the way I think, communicate and connect with people, and offers a constant reminder that expertise is about making your knowledge useful and accessible to others, says Kara Du at Sheppard.

  • MF Doom IP Suit Highlights Hurdles For Trademark Claims

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    A recent lawsuit involving unauthorized merchandise bearing MF Doom's name and likeness is likely a preview of how infringement and counterfeit cases against online marketplaces will be defended going forward, shedding light on how intellectual property counsel can avoid dismissal of their claims, say Purdue Global Law School professor Scott Mortman and Southwestern Law School student Eden Burkow.

  • Calif. Drug Ruling Affirms Defect-Centric Liability Framework

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    The California Supreme Court's decision in Gilead Tenofovir Cases this week rejects a novel duty-to-innovate theory of negligence that could have reshaped product liability exposure well beyond the pharmaceutical industry, instead signaling that negligence claims premised on nondefective products are unlikely to succeed, say attorneys at Dechert.

  • Navigating Court Divergence On Method Claims And Venue

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    After the U.S. Supreme Court's recent Hikma v. Amarin decision putting a spotlight on the pleading standard for inducement, patent litigants must adapt to courts' differing approaches to how separate method steps affect the determination of patent venue validity, say attorneys at Weil.

  • AI, Prediction Markets Lead Securities Developments In 2026

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    Securities class actions tied to artificial intelligence and the battle over prediction market regulation both raise novel questions that courts are only beginning to address and that will continue to resonate throughout the second half of the year, say attorneys at Skadden.

  • Where Is The Line On Actionable Comms In Securities Cases?

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    Recent securities cases demonstrate the difficulty in discerning a clear difference between statements made in connection with the purchase or sale of securities and those that aren't, with that line more likely attributable to individualized factual situations than to any doctrinal differences of opinion between various courts, says Samuel Groner at Fried Frank.

  • NJ Supreme Court Ruling Exposes D&O Gaps For PE Boards

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    The New Jersey Supreme Court's recent decision in Mist Pharmaceuticals v. Berkley Insurance, barring directors and officers coverage, serves as a cautionary tale for private equity executives serving in overlapping roles at sponsor and portfolio companies, say attorneys at Reed Smith.

  • Post-Ismael Bias Cases Reinforce Familiar Employer Lessons

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    Despite the Eleventh Circuit's 2025 decision in Ismael v. Roundtree sparking concern that summary judgment could become more difficult for employers in discrimination and retaliation cases, courts continue to examine whether the employer's explanation, decision-making process and contemporaneous record tell a consistent story, say attorneys at Krevolin Horst.

  • Fed. Circ. In June: When Courts Can't Correct Patent Errors

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    The Federal Circuit's recent decision in Enanta v. Pfizer explores and clarifies the limits of what can be corrected in a patent application, even if the error is obvious, say attorneys at Knobbe Martens.

  • Challenging Detention After 5th Circ. Ends Bond Clocks

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    After the vacatur of the Fifth Circuit’s holding that the U.S. Constitution requires bond hearings for detained noncriminal noncitizens, practitioners should go back to filing habeas petitions, pending the court's en banc rehearing, says Kemal Hepsen at Mandamus Lawyers.

  • Patent Eligibility Bulletin: New USPTO Guidance And AI Risks

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    In the second quarter of 2026, the U.S. Patent and Trademark Office updated its subject matter eligibility declarations in line with its increasingly permissive patent eligibility stance, while the Federal Circuit rigorously applied the Alice framework in a decision that highlighted risks facing patent claims that utilize artificial intelligence and machine learning, say attorneys at Banner Witcoff.

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