Appellate

  • July 14, 2026

    10th Circ. Revives False Ad Claims Against Hill's Pet Food

    The Tenth Circuit on Tuesday revived part of a proposed class action accusing a pet food maker of falsely claiming a link between grain-free dog food and canine heart disease, holding that some of its webpages and veterinary education materials could be viewed as promoting its grain-based products through unsupported scientific claims.

  • July 14, 2026

    1st Circ. Backs CDC Ban On Importing Dogs Under 6 Months

    The First Circuit has upheld a rule requiring all dogs imported into the U.S. to be at least six months of age, saying the federal Centers for Disease Control and Prevention had shown it was a reasonable measure to fight rabies.

  • July 14, 2026

    GEO Appeals Order Letting Wash. Inspect Tacoma ICE Site

    The GEO Group Inc. has appealed to the Ninth Circuit a federal judge's order instructing the prison contractor to allow Washington state health officials access to a U.S. Immigration and Customs Enforcement processing center in Tacoma.

  • July 14, 2026

    DOJ Asks 9th Circ. Undo Trans Health Ruling Against Premera

    The federal government has backed Premera Blue Cross in its bid at the Ninth Circuit to overturn a Washington federal court's judgment that held the insurance company's coverage policy for gender dysphoria surgery is discriminatory, arguing the decision is out of line with U.S. Supreme Court precedent.

  • July 14, 2026

    DirecTV's Collusion Case Against Nexstar Survives Dismissal

    A New York federal court has refused to toss DirecTV's antitrust case accusing Nexstar Media Group of using a pair of broadcast station owners to demand excessive retransmission fees, after a split Second Circuit panel revived the claims.

  • July 14, 2026

    Fed. Circ. Won't Revive Eyewear Tech Patent Claims

    The Federal Circuit on Tuesday shot down an attempt to bring back claims in a patent covering a sensor in eyewear meant to detect human eye movement, affirming a Patent Trial and Appeal Board decision that the claims were obvious.

  • July 14, 2026

    Ceiling Tile Injury Suit Is Med Mal, Texas Panel Says

    A Texas appeals court has thrown out a woman's suit against a hospital alleging she was injured by a falling ceiling tile while waiting to give birth, saying the fact she was in the middle of medical treatment and also sought claims for lack of follow-up treatment, means her suit is medical malpractice.

  • July 14, 2026

    Justices Seek More Funds Over Increased Threats, Talk Ethics

    U.S. Supreme Court Justices Amy Coney Barrett and Elena Kagan made rare Capitol Hill appearances Tuesday, discussing the court's budget request for fiscal 2027, the "shadow docket" and ethics issues.

  • July 14, 2026

    Clinics Want Medicaid Abortion Stay Lifted After Pa. Court Win

    Allegheny Reproductive Health Center and other healthcare providers on Tuesday asked a Commonwealth Court judge to unfreeze money for Medicaid-funded abortions in Pennsylvania following the court's landmark ruling that the state's coverage exclusions for such abortions were unconstitutional.

  • July 14, 2026

    7th Circ. Backs $25K Cap On 'Business Property' Lost In Fire

    A Chubb unit properly limited coverage to $25,000 for the contents of an Illinois mansion that was destroyed in a lightning-sparked fire, the Seventh Circuit ruled, saying the use of the contents for commercial purposes barred the owner from accessing a higher $3.5 million coverage limit.

  • July 14, 2026

    Litigation Funder Can Keep Award Under Pre-Injury Case Deal

    A litigation funder can keep a $166,000 award from settlement proceeds in a personal injury case, a New Jersey state appeals court ruled Tuesday, finding the business was entitled to the payout after having covered the funding recipient's medical care.

  • July 14, 2026

    Mass. Justices Say Town's Solar Permit Denial Unjustified

    A single zoning board member's objection to tree clearing cannot be the basis for a small Massachusetts town to deny a permit for a solar array, the state's highest court ruled Tuesday.

  • July 14, 2026

    5th Circ. Undoes BP Retirees' Pension Info Suit Win

    The Fifth Circuit unraveled a Texas court's judgment against BP that held the oil giant was liable to company retirees for miscommunicating their pension benefits' value following a plan conversion, holding on Tuesday that the lower court didn't perform a rigorous enough standing analysis.

  • July 14, 2026

    Fla. Judge Denies Endorsing Violence In Courtroom Remarks

    A Florida state judge on Monday denied that his remarks from the bench endorsed violence and said his comments do not disqualify him from holding judicial office, but still expressed regret over the incident.

  • July 14, 2026

    News Orgs Need To Show AI Uses More Than Just Facts

    News organizations suing artificial intelligence companies for allegedly infringing their copyrighted content for AI training must show that chatbots are using the organizations' prose as opposed to merely uncopyrightable facts, or that the practice is diluting the market for human-made journalism, experts told Law360.

  • July 14, 2026

    Trump Lawyer Matthew Schwartz Confirmed To 2nd Circ.

    The Senate voted 50-45, along party lines, on Tuesday to confirm Matthew Schwartz, one of President Donald Trump's personal attorneys and a partner at Sullivan & Cromwell LLP, to the U.S. Court of Appeals for the Second Circuit.

  • July 14, 2026

    2nd Circ. Grants Bail To Critically Ill Detainee Pending Appeal

    A split Second Circuit panel ordered a detained Jamaican man facing deportation to be released on bail, and criticized a dissenting judge's conclusion that the man's life-threatening kidney disease and need for regular dialysis treatments were not an "extraordinary circumstance."

  • July 14, 2026

    1st Circ. Won't Revive Ex-Dartmouth Prof's Muslim Bias Suit

    The First Circuit upheld Dartmouth College's defeat of a former associate professor's lawsuit alleging he was denied tenure because he's Muslim and Arab, ruling he hadn't provided evidence demonstrating the Ivy League school manipulated its policies to his disadvantage.

  • July 14, 2026

    8th Circ. Won't Undo Pot User's Gun Conviction

    The Eighth Circuit won't vacate a man's conviction for possession of a firearm while being an unlawful drug user, finding that the government produced enough evidence to show that he fit historical laws disarming those who created "terror of the people."

  • July 14, 2026

    Trial, Appellate Judges Duel For Wash. Supreme Court Seat

    In one of the most-watched races for the five Washington State Supreme Court seats on the ballot this election season, a state appellate judge and a Seattle-area superior court judge are competing to succeed the high court's longest-sitting justice.

  • July 13, 2026

    9th Circ. Backs Block On FinCEN Border Cash Reporting Reqs

    The Ninth Circuit Monday affirmed a temporary block on a Trump administration rule that singles out cash-moving businesses along the southwest border for heightened anti-money laundering reporting, agreeing that a plaintiff money service business will likely suffer irreparable harm.

  • July 13, 2026

    2nd Circ. Backs NYC Law Blocking Broker Fees For Tenants

    The Second Circuit held Monday that a lower court was correct to refuse to preliminarily block a New York City law prohibiting certain landlord broker fees, ruling that the city has pointed to legitimate government interests that warrant the law.

  • July 13, 2026

    7th Circ. Nixes Clearview AI Privacy Deal Over Class Rift

    The Seventh Circuit has vacated a novel biometric privacy settlement between Clearview AI and classes of individuals who claim the company misused their public photos, saying a nationwide class representative should have signaled their agreement before the district court approved a deal containing such comparatively "meager" benefits.

  • July 13, 2026

    2nd Circ. Says Tylenol Maker Must Face Autism, ADHD Suits

    The Second Circuit said Monday that a lower court had wrongly excluded plaintiffs experts from testifying about an alleged relationship between using Tylenol during pregnancy and autism spectrum disorder and attention-deficit/hyperactivity disorder, although the panel cautioned that the decision was not political or scientific.

  • July 13, 2026

    9th Circ. Reiterates 'Prevailing Party' In Family Dollar ADA Suit

    A woman who won an order forcing a Family Dollar store to improve its accessibility is a "prevailing party" under the Americans with Disabilities Act and may recover attorney fees, the Ninth Circuit ruled Monday, saying the lower court misunderstood precedent regarding whether a plaintiff has prevailed in the litigation.

Expert Analysis

  • High Court's Hikma Decision Reshapes 'Skinny Label' Suits

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    The U.S. Supreme Court's decision in Hikma v. Amarin marks a significant victory for generic drug manufacturers, but rather than putting an end to so-called skinny label inducement claims, it narrows and refocuses them, say attorneys at Sterne Kessler.

  • Opinion

    At High Court, Oil Cos.' Suncor Preemption Claims Fall Short

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    In Suncor Energy v. Boulder County, pending before the U.S. Supreme Court, oil and gas companies argue that municipalities' climate deception claims are equivalent to emissions standards for their industry — but the suit is ultimately incapable of imposing such standards, say Thomas McGarity at the University of Texas School of Law and James Goodwin at the Center for Progressive Reform.

  • 3 Disgorgement Questions Linger After Justices' SEC Ruling

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    While the U.S. Supreme Court’s recent decision in Sripetch v. U.S. Securities and Exchange Commission avoided placing new limits on the SEC’s disgorgement powers, it passed over several questions, including whether the commission can seek disgorgement when returning the money to investors isn't possible, says David Slovick at Kopecky Schumacher.

  • Checking For AI Errors Is Now A Two-Way Street

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    A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

  • Opinion

    Federal Circuit Should Implement Mini En Banc Process

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    To fulfill its mission of uniformity in patent law while avoiding the challenges of en banc hearings, the Federal Circuit should institute mini en bancs — allowing regular three-judge panels to exercise en banc powers unless a majority of the court says otherwise, says Joshua Sohn at the U.S. Department of Justice.

  • What's Next After Justices' Last-Mile Driver Arbitration Ruling

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    The U.S. Supreme Court's recent decision in Flowers Foods v. Brock, refusing to narrow the scope of a Federal Arbitration Act exemption for workers engaged in interstate commerce, gives previously unprotected workers access to litigation, but preserves two potentially powerful arguments for future proceedings, say attorneys at Husch Blackwell.

  • Series

    The Biz Court Digest: Shoring Up Corporate Law In Maryland

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    Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

  • How End Of SEC 'Gag Rule' Affects Free Speech Certiorari Bid

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    The Securities and Exchange Commission's recent rescission of the so-called gag rule, which forbade defendants in settlements from denying the SEC’s allegations, may sway the outcome of a petition to the Supreme Court in a case challenging the rule on First Amendment grounds, say attorneys at Troutman.

  • 2nd Circ.'s Embedded Video Ruling May Protect Publishers

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    The Second Circuit's recent decision in Richardson v. Townsquare, dismissing an infringement claim arising from an embedding of a YouTube-hosted interview, reaffirms a potent defense for publishers who regularly use social media platforms' embed functionality, says Amanda Harris at Jassy Vick.

  • Federal Officer Removal After Justices' La. Pollution Ruling

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    In the wake of the U.S. Supreme Court's recent ruling in Chevron USA v. Plaquemines Parish, companies seeking to use federal officer removal to move litigation out of state court should ask three questions, focusing on government contract language, federally directed activity and related conduct, say attorneys at Hollingsworth.

  • Series

    Competing At Poker Makes Me A Better Lawyer

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    Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

  • Revisiting TransUnion's Underused Standing Rule, 5 Years On

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    The Ninth Circuit Court of Appeals' recent use of the U.S. Supreme Court’s now five-year-old TransUnion v. Ramirez rule specifying that the "mere risk of future harm" isn't concrete enough to support a damages claim presents an opportunity to revisit this underutilized standing rule, say attorneys at Horvitz & Levy.

  • 5 Things Associates Must Ask About Their Firm's Merger Plan

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    The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

  • Uncertainty Looms After Justices' Withdrawal Liability Ruling

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    The U.S. Supreme Court's recent holding in M&K Employee Solutions v. Trustees of the IAM National Pension Fund increases the unpredictability of withdrawal liability assessments, so employers should prepare for a range of assessments and be equipped to challenge unreasonable ones, say attorneys at Winston Taylor.

  • CFTC Trading Rule Can't Police Prediction Markets Yet

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    The Commodity Futures Trading Commission’s recent efforts to police insider trading in prediction markets through a post-Dodd-Frank anti-fraud rule exposes doctrinal gaps around misappropriation theory, leaving platforms to fill the void with win-rate-based surveillance, says attorney Tamara de Silva.

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