Appellate

  • 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.

  • July 13, 2026

    After Favorable Ruling, Maxell Files New Samsung ITC Suit

    Japan's Maxell Ltd. alleged in a U.S. International Trade Commission suit Friday that South Korea-based Samsung's smartphones and tablets infringe six patents, days after an ITC judge backed Maxell in a separate case and recommended an import ban on infringing Samsung devices.

  • July 13, 2026

    10th Circ. Revives Gay Bias Harassment Suit Against Walmart

    A gay New Mexico man's bias suit against Walmart was partially revived by the Tenth Circuit on Monday after the panel found the lower court incorrectly granted the company summary judgment on a hostile work environment claim after finding the alleged harassment based on the employee's sexual orientation wasn't pervasive.

  • July 13, 2026

    Trump Cuts 3M Acres From Utah Monument Protections

    President Donald Trump on Monday rolled back federal protections on the Grand Staircase-Escalante and Bears Ears national monuments in Utah, a move that environmental groups said they will fight to block in court.

  • July 13, 2026

    4th Circ. Says Manual Cellphone Searches At Border Are Legal

    The Fourth Circuit has ruled that manual searches of a cellphone at the border are legal because they are considered routine and do not require individualized suspicion by a border agent about whether a crime has occurred.

  • July 13, 2026

    Judge Newman Won't Reopen High Court Suspension Battle

    Federal Circuit Judge Pauline Newman did not ask the U.S. Supreme Court to reconsider her bid to save a suit against her fellow judges for suspending her from the bench over her refusal to undergo medical tests.

  • July 13, 2026

    2nd Circ. Orders New Trial In NYPD Search, Prosecution Suit

    A Second Circuit panel on Monday ordered a new civil trial for four New York Police Department officers found liable for busting into an apartment without a warrant and arresting one of its occupants without cause, saying the district court erroneously refused to allow jurors to hear recordings of phone calls that cast doubt on the plaintiff's credibility.

  • July 13, 2026

    Custodia Urges Justices To Take Up Fed Master Account Fight

    Crypto-focused Custodia Bank is asking the U.S. Supreme Court to take up its challenge of a Tenth Circuit ruling that backed Federal Reserve banks' discretion to deny master accounts to otherwise eligible banks, arguing the decision empowers unappointed regional bank presidents to deny "disfavored" banks access to critical payment services.

  • July 13, 2026

    2nd Circ. Upholds Cumulus' Data-Tying Order Against Nielsen

    Nielsen cannot condition media company Cumulus' access to national radio ratings data on buying its local offerings, under a Second Circuit panel decision Monday upholding, and unpausing, a district court preliminary injunction, concluding that a 10-fold price increase for the standalone product likely amounted to anticompetitive coercion.

  • July 13, 2026

    SC City Urges Justices To Skip Beach-Gear Rental Case

    The city of North Myrtle Beach, South Carolina, is opposing a bid from a beach equipment rental company asking the U.S. Supreme Court to review its challenge to city ordinances it says violate the Sherman Antitrust Act.

  • 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.

Expert Analysis

  • 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.

  • Trump Admin's Agency Records Purge Tests Judicial Notice

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    While courts commonly take judicial notice of data in government websites and reports, the Trump administration's recent modification or wholesale deletion of these sources means that litigants must look elsewhere to support trial admission of this information, says Jon Gryskiewicz at Lewis Baach.

  • Series

    Cow Horse Makes Me A Better Lawyer

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    Moving an unwilling 800-pound cow while riding a horse at high speed is exhilarating, a little unhinged and, at least for me, a surprisingly effective training ground for litigation — both demand focus, preparation over rigid planning and the willingness to act despite fear, says Ashley Zitrin at Glenn Agre.

  • Fla. Driver Ruling Shows Renewed Focus On Privacy Standing

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    A Florida federal court's recent dismissal of a class action alleging that private driving records had been improperly used in violation of the Driver's Privacy Protection Act suggests that companies defending against privacy class actions in Florida may reconsider Article III challenges at the dismissal stage, say attorneys at Sidley.

  • Vax Ruling Offers Employer Tips For Handling Political Speech

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    A California appeals court's recent decision in Rademacher v. ABC, rejecting a "General Hospital" actor's suit alleging he was terminated for opposing a vaccine policy, demonstrates the importance of the employer's process, including neutral policies, documentation, and evidence of who knew what and when, say attorneys at Krevolin Horst.

  • O Brother, Where Art DAO? Jurisdiction Issues Abound

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    While there is a dearth of decisions examining a decentralized autonomous organization's citizenship for diversity jurisdiction purposes, Second Circuit case law has defined citizenship for other unincorporated entities, which may guide how courts evaluate an increasing number of cases involving DAOs, says Michael Mix at Morrison Cohen.

  • Protecting AI-Driven Innovation In Life Sciences IP

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    Recent developments, including the U.S. Patent and Trademark Office's evolving inventorship standards, and the impact of artificial intelligence on the "person of ordinary skill in the art" standard demand that life sciences companies elevate AI patent strategy to a top priority, says Sandra Haberny at Quinn Emanuel.

  • 2nd Circ. Ruling Notably Limits Sentencing Courts' Discretion

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    The Second Circuit’s recent decision in U.S. v. Dralle clarifies the bounds of sentencing courts’ ability to consider uncharged or co-defendant conduct without tying it to statutory sentencing factors, and it may have broader implications for limiting loss attribution in white collar and other criminal cases, say attorneys at Lowenstein Sandler.

  • 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.

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