Appellate

  • October 15, 2026

    11th Circ. Nixes Fla. Manslaughter Sentencing Enhancement

    The Eleventh Circuit vacated a seven-year sentence for a man who pled guilty to illegal possession of a firearm, finding a lower court incorrectly factored in his prior conviction for attempted manslaughter as a crime of violence.

  • October 15, 2026

    Singer's Widow Says Disputed Cause Revives Crash Suit

    The wife of a country singer urged a New Jersey appellate panel Thursday to revive her suit over the helicopter crash that killed her husband, arguing that there is a genuine dispute over whether the manufacturer of the helicopter's engine is responsible for alleged defects in one of the engine components.

  • October 15, 2026

    Nunes Loses 2nd Circ. Appeal In Defamation Case

    The Second Circuit has upheld a New York federal judge's August 2025 dismissal of former U.S. Rep. Devin Nunes' defamation suit against NBCUniversal over a 2021 Rachel Maddow broadcast.

  • October 15, 2026

    Innocent Spouse Tax Relief Bid Timely Filed, 5th Circ. Told

    The U.S. Tax Court improperly concluded that a Texas woman narrowly missed a statutory filing deadline in seeking innocent spouse relief on federal income taxes and shouldn't have dismissed her case, she told the Fifth Circuit, arguing the deadline isn't jurisdictional.

  • October 15, 2026

    11th Circ. Backs Allegiant Win Over Race Bias, Retaliation Suit

    The Eleventh Circuit refused to reopen a Black former Allegiant Airlines employee's suit alleging she was fired for complaining to the CEO that white colleagues were harassing her and making racist jokes, finding she only contacted the executive after she was caught lying about an altercation with a co-worker.

  • October 15, 2026

    Missouri AG Alumni Make Their Mark In Trump 2.0

    Missouri is hundreds of miles from Washington, D.C., but the legal community of the Show-Me State has taken a significant hold in the second Trump administration.

  • October 15, 2026

    Justices Stay 4th Circ. Mandamus In FCC Political Ad Case

    The U.S. Supreme Court has stayed an order from a Fourth Circuit panel that would have required the full Federal Communications Commission to review agency staff guidance requiring broadcasters to offer discount ad rates to political committees tied to candidates.

  • October 15, 2026

    Muscogee Chief Says Court Can't Grant Freedmen Citizenship

    Muscogee (Creek) Nation Principal Chief David Hill is asking an Oklahoma federal court to dismiss a challenge that looks to block the tribe from denying citizenship to descendants of people once enslaved by the Indigenous nation, arguing that it can be achieved only through a constitutional amendment and legislative process.

  • October 15, 2026

    Ex-Marvel CEO Drops Punitive Damages Bid In DNA Feud

    The former CEO of Marvel Entertainment asked a Florida court Thursday to enter a final judgment in his long-running feud with a neighbor over the surreptitious collection of DNA evidence, after he dropped a claim for punitive damages that was the subject of a high-profile Florida Supreme Court case.

  • October 15, 2026

    Gov't Urges Justices To Reject Google, Intel Fight Over Fintiv

    The U.S. Patent and Trademark Office has urged the U.S. Supreme Court to reject Intel Corp. and Google LLC's challenge to a precedent allowing Patent Trial and Appeal Board petitions to be denied based on related litigation.

  • October 15, 2026

    Tesla Says Gov't Brief Shows USPTO Wants 'Absolute Power'

    Electric carmaker Tesla told the U.S. Supreme Court that it should take a case over the U.S. Patent and Trademark Office leadership's discretionary standards for granting or denying patent review, saying a recent government brief illustrates how the office wants "absolute power" when it comes to restricting such reviews.

  • October 15, 2026

    Comcast Hit With $213M Verdict In Streaming Patent Case

    Comcast is on the hook for $213 million after a Florida federal jury found Thursday that it infringed a rival's patent for a streaming service system, years after the telecommunications giant was cleared by the judge in the middle of an earlier trial.

  • October 15, 2026

    Calif. Pot Shop Escapes Suit Over Alleged Gummy Reaction

    A California appeals court threw out a man's fraud and unfair competition claims against a cannabis dispensary that sold him a gummy he said induced a panic attack, saying his complaint fails to indicate the dispensary or its employee knowingly misled him.

  • October 15, 2026

    11th Circ. Says Ga. Can Enforce Social Media Age Check Law

    The Eleventh Circuit struck down an injunction Thursday that blocked Georgia from enforcing its age verification law for social media platforms, finding that internet trade group NetChoice hadn't shown it was likely to prevail on its legal challenge to the statute.

  • October 14, 2026

    Justices Appear Wary Of Broad Reach For Video Privacy Law

    Several U.S. Supreme Court justices seemed hesitant Wednesday to take a more expansive view of the online activities protected by the Video Privacy Protection Act, raising concerns that such an approach would buck the statute's original intent and invite a flood of litigation against a wide range of companies.

  • October 14, 2026

    10th Circ. Backs Asset Freeze In SEC Case Against Biotech

    The Tenth Circuit on Wednesday backed a lower court's order freezing a biotech firm's assets in a suit brought by the U.S. Securities and Exchange Commission accusing the company and its founders of misappropriating roughly $9 million.

  • October 14, 2026

    3rd Circ. Questions Limits On Review Of Removal Orders

    The full Third Circuit on Wednesday pressed the government on its position that courts can't review removal protection claims tied to reinstated deportation orders, questioning whether that would leave some noncitizens with limited or no judicial recourse.

  • October 14, 2026

    Havana Docks Wants $440M Cruise Cos. Judgment Revived

    The Eleventh Circuit is taking up a case on remand from the U.S. Supreme Court related to a $440 million judgment against four cruise companies for trafficking in property seized by Cuba, with ex-concessionaire Havana Docks Corp. arguing a lower court decision should be reinstated.

  • October 14, 2026

    High Court Won't Pause Mich. Activist Pretrial Jail Order

    The U.S. Supreme Court has rejected a bid by a self-described "antifa" member to halt a Sixth Circuit order sending him back to jail pending charges that he cyberstalked and threatened a social media supporter of U.S. Immigration and Customs Enforcement.

  • October 14, 2026

    Texas Court Wipes Out $8.9M Verdict In Shopper Assault Suit

    A Texas appellate court has overturned an $8.9 million verdict in favor of a grocery store customer who was assaulted by another shopper and suffered severe injuries, saying a certain negligence claim was improperly submitted to the jury.

  • October 14, 2026

    DC Circ. Not Fan Of EPA's Citation Habits In Methane Appeal

    The D.C. Circuit didn't seem too sure Wednesday morning whether the U.S. Environmental Protection Agency had behaved how it ought to have when extending compliance deadlines for initiating requirements to reduce methane pollution from the oil and gas sector.

  • October 14, 2026

    3rd Circ. Backs Pa. Regulator In Pipeline Approval Fight

    The Third Circuit on Wednesday affirmed a Pennsylvania regulator's approval of a Transcontinental Gas Pipe Line Co. project, ruling there was no evidence the water quality information pushed by environmental groups would have altered the outcome of the application.

  • October 14, 2026

    2nd Circ. Skeptical Of Reviving $4.4M 'Multiplex' COVID Suit

    A Second Circuit judge cast doubt Wednesday on a Connecticut medical practice's claim that insurers owe $4.4 million for COVID-19 testing, noting that the tests at issue were actually for nearly two dozen viruses and were vastly more expensive than those that only detected the novel coronavirus.

  • October 14, 2026

    US Backs Alaska In High Court Fight Over Plane Forfeiture

    The federal government has told the U.S. Supreme Court that Alaska is well within its right to confiscate "instrumentalities of crime" and the state's attempted forfeiture of an 83-year-old bush pilot's $95,000 plane for transporting a six-pack of beer to a dry village wasn't excessive.

  • October 14, 2026

    FirstEnergy Beats 3rd Circ. Appeal In Fatal Catwalk Fall Suit

    The mother of a construction worker killed by a collapsing catwalk can't sue the former operator of a Pennsylvania power plant because she hadn't shown FirstEnergy Corp. retained sufficient control over a demolition contractor to share liability, a split Third Circuit panel ruled Wednesday.

Expert Analysis

  • How High Court Pepsi Case Could Brew TM Strategy Shift

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    The U.S. Supreme Court's forthcoming decision in RiseandShine v. PepsiCo will determine whether a judge or jury decides trademark strength in infringement disputes, which could meaningfully change early-stage motion practice, discovery and what evidence is needed to prove a mark is strong, says Rachel Scobie at Merchant & Gould.

  • State Of Insurance: Q2 Notes From Pennsylvania

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    Todd Leon at Marshall Dennehey highlights notable second-quarter insurance developments in Pennsylvania, including federal court opinions providing guidance on first-party and third-party insurance coverage principles, and a pending bill seeking to regulate health insurers' use of artificial intelligence.

  • High Court, SEC Proposals Set Stage For Further Fund Reform

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    The U.S. Supreme Court's recent decision in FS Credit Opportunities v. Saba Capital Master Fund and the U.S. Securities and Exchange Commission's proposed rulemaking packages aimed at public market reforms provide a constructive backdrop for considering additional innovations to the listed fund structure, say attorneys at Debevoise.

  • Series

    Judges On AI: Examining Administrative, Organizational Uses

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    U.S. District Judge Alan Albright of the Western District of Texas examines how artificial intelligence could transform a court's ability to deal with administrative work and organize materials when preparing for hearings or drafting opinions, thereby affording judges more time to resolve contested issues.

  • Why 4th Circ.'s Clean Water Act Injunction Ruling Matters

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    The Fourth Circuit's ruling last month in West Virginia Rivers Coalition v. Chemours, holding that a Clean Water Act permit violation does not automatically create a presumption of irreparable harm that requires a preliminary injunction, avoided a dramatic change in CWA enforcement, say attorneys at Hunton.

  • USPTO-Fed. Circ. Split Complicates Machine Learning Patents

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    The wide chasm between the USPTO's and the Federal Circuit's approach to eligibility for machine learning patents means that patent drafters must avoid functional claiming and specifications if they hope to avoid invalidation of a machine learning patent at the appellate court, says attorney Michael Kiklis.

  • How 9th Circ. 'Shadow Trading' Case May Affect Private Credit

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    Private credit firms should not wait for a result in the Ninth Circuit appeal in U.S. Securities and Exchange Commission v. Panuwat to address material nonpublic information exposure under existing statutes and take steps to ensure their internal policies and surveillance are ready for increased regulatory scrutiny, says Steve Brown at StarCompliance.

  • 4 Cert. Denials Keep Personal Jurisdiction Issues Percolating

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    After the U.S. Supreme Court's decisions in Ford Motor v. Montana and Mallory v. Norfolk Southern Railway expanded limits on personal jurisdiction, the justices' denials this term of four certiorari petitions suggest they are content to let jurisdiction questions brew in lower courts before weighing in, say attorneys at Hunton.

  • Class Actions At The Circuit Courts: July Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings involving wage and hour allegations, medical care for incarcerated individuals, oil and gas royalty payments, and nuisance claims.

  • Flashpoints In Focus: Employer Risk After Trans Sports Ruling

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    Following the U.S. Supreme Court's recent decision in West Virginia v. B.P.J. that allowed states to limit trans women's participation in sports, schools must carefully navigate investigations and religious accommodations, as even lawful athletics policies can lead to employment claims, say attorneys at Seyfarth.

  • Inside Differing State Approaches To Prediction Market Taxes

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    As states adopt divergent approaches to prediction market platforms through both legislation and litigation, and the landscape is anything but settled, the emerging patchwork of state taxes on prediction markets presents novel questions about characterization, preemption and compliance, say attorneys at Holland & Knight.

  • After Wash. Ruling, Paid Claim May Not End Bad Faith Risk

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    In Labeaume v. First National Insurance, a Washington appeals court recently held that the insurer's benefit payment did not preclude the plaintiff's Insurance Fair Conduct Act claim, expanding the scope of the act's cure provision and making claim documentation even more significant, says Rishabh Agny at Clyde & Co.

  • Series

    Being A Singer Makes Me A Better Lawyer

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    Before law school, I spent seven years trying to make it as a professional singer in Los Angeles, and nearly everything I learned about preparation, humility, confidence and more has followed me into my legal practice, says Jessica Caterina at Moses & Singer.

  • Justices' Review Of Atty Fees Could Reshape Pipeline Takings

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    With the U.S. Supreme Court's decision to review Hoffmann v. WBI Energy Transmission, property owners' right to recover attorney fees for appropriations under the Natural Gas Act is at stake, potentially leading to a choice between a depressed land valuation or court costs that could exceed any rewards, says attorney Sophia Holley.

  • How 2nd Circ. Raised The Bar For Pleading Securities Fraud

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    In Huey v. Anavex, the Second Circuit recently appeared to increase the burden on securities fraud plaintiffs in pleading loss causation where no immediate share price decline follows the corrective disclosure, generating new questions that district courts must grapple with, say attorneys at Skadden.

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