Appellate

  • June 26, 2026

    Del. Justices Back Trade Desk In Nevada Records Fight

    The Delaware Supreme Court on Friday upheld a Delaware Chancery Court ruling limiting a stockholder's inspection rights, affirming that The Trade Desk Inc. does not have to produce director emails and other informal communications sought in an investigation into the advertising technology company's 2024 reincorporation from Delaware to Nevada.

  • June 26, 2026

    Thermostat Patent Case Settles After Fed. Circ. Undid Verdict

    Two home automation companies have settled a case over a thermostat patent after the Federal Circuit undid an $11.5 million jury verdict awarded to one of them and faulted the judge overseeing the trial for using jury forms that collapsed all infringement allegations into a yes-no question.

  • June 25, 2026

    Robo-Surgery Co., FTC Urge 9th Circ. To Revive Antitrust Case

    Surgical Instrument Service and the Federal Trade Commission urged the Ninth Circuit on Thursday to revive the company's case accusing Intuitive Surgical of blocking third parties from refurbishing components for its da Vinci surgery robot, saying a lower court erred in requiring the U.S. Supreme Court's Kodak factors to be proven.

  • June 25, 2026

    9th Circ. Backs Removals For Child Endangerment

    A federal statute allowing noncitizens to be deported over convictions for a crime of child abuse, child neglect or child abandonment can encompass endangerment situations where a child was put in danger but not hurt, a Ninth Circuit panel ruled Thursday.

  • June 25, 2026

    CFTC, Prediction Market Trade Group Back Kalshi At 6th Circ.

    The U.S. Commodity Futures Trading Commission and a prediction market trade group are pressing the Sixth Circuit to affirm sole federal oversight of event contracts in separate briefs that argued state gambling laws are a poor fit to regulate trading on real-world events.

  • June 25, 2026

    Texas Faces Tough Questions In Tylenol Autism Appeal

    A Texas appellate court seemed skeptical Thursday of an argument that the parent entities of the company that sells Tylenol should have to defend claims that the pain reliever causes autism, suggesting that the companies don't have enough ties to Texas.

  • June 25, 2026

    Trucking Co. Can't Nix $2.8M Crash Judgment, 5th Circ. Says

    A trucking company accused of triggering a pileup on Interstate 20 in Mississippi cannot evade a $2.8 million default judgment, the Fifth Circuit ruled in a published opinion, saying "equity and justice do not compel giving" the company "a do-over now."

  • June 25, 2026

    Wash. Justices Back Climate Act Farm Fuel Exemption Regs

    The Washington Supreme Court unanimously rejected the Washington Farm Bureau's challenge to regulations surrounding a farm fuel exemption in a landmark 2021 law establishing the state's cap-and-invest program, finding Thursday the rule aligns with lawmakers' ultimate goal of curbing top greenhouse gas emitters.

  • June 25, 2026

    NJ Justices Say EMTs Immune In Brain Injury Suit

    The New Jersey Supreme Court on Thursday held that paramedics who treated a toddler's head injury, which led to a permanent brain injury, are entitled to immunity under a state statute governing emergency medical treatment, saying they acted in good faith and in accordance with the law's requirements.

  • June 25, 2026

    Feds Say Would-Be Kavanaugh Assassin Was Let Off Easy

    Both federal prosecutors and a Stephen Miller-founded public interest group believe that a Maryland federal judge let a woman accused of trying to kill U.S. Supreme Court Justice Brett Kavanaugh off too easy because of her gender identity and want the Fourth Circuit to order resentencing.

  • June 25, 2026

    Fired SpaceX Workers Can't Dodge Arbitration, 9th Circ. Told

    A SpaceX attorney Thursday urged the Ninth Circuit to revive its bid to arbitrate claims by eight former employees who say they were wrongfully terminated for complaining about CEO Elon Musk's sexually charged social media posts, saying they did not "adequately allege" sexual harassment.

  • June 25, 2026

    Calif. Justices Say Custody Credits Don't Pool Across Cases

    California's top court ruled Thursday that courts are not required to credit defendants for aggregate time served before sentencing in separate cases, reversing a state appellate court decision.

  • June 25, 2026

    Ohio Justices Reject Claims Of $115M Utility Overcharges

    The Ohio Supreme Court on Thursday rejected claims that consumers were overcharged by $115 million for electricity from aging coal-fired power plants in 2020, saying that utility regulators correctly determined that state law entitled the plants' owners to the payments.

  • June 25, 2026

    Colo. Panel Says Prehearing Objection Preserves Arb. Fight

    A Colorado Court of Appeals panel ruled Thursday that a party doesn't waive its right to object to arbitrability so long as the objection is raised prior to the arbitration hearing, even if the party participated in the arbitration proceedings for an extended period of time.

  • June 25, 2026

    AGs, Cable Orgs., Newsmax Back Nexstar Block At 9th Circ.

    A bipartisan coalition of state attorneys general have filed one of three amicus briefs urging the Ninth Circuit to fully preserve a preliminary injunction blocking Nexstar's purchase of Tegna, arguing the states challenging the deal have standing to sue and that only a broad block is appropriate.

  • June 25, 2026

    11th Circ. Judges Question Coke's View Of IRS As Arbitrary

    Judges for the Eleventh Circuit probed attorneys for Coca-Cola and the government Thursday about whether the IRS was arbitrary in abandoning its position in a closing agreement the beverage company had relied on for decades to calculate its transfer prices with related foreign suppliers.

  • June 25, 2026

    SCOTUSblog Founder Goldstein Blasts 'Inflated' DOJ Tax Math

    Convicted SCOTUSblog founder Tom Goldstein and federal prosecutors are clashing again over their dramatically divergent sentencing recommendations, with the defense accusing the government of presenting a "one-dimensional caricature" of the famed lawyer in seeking an eight-year sentence, and prosecutors accusing him of potentially deleting "secret chats" with his gambling backers.

  • June 25, 2026

    Ukrainian Firms Say Russia's Certiorari Bid Is Dead In Blasket

    Ukrainian power and gas companies looking to enforce some $242 million in arbitral awards against Russia are rebutting the country's argument that recent briefing from the Trump administration supports its certiorari petition, in which Moscow looks to challenge a D.C. Circuit decision rejecting its sovereign immunity defense.

  • June 25, 2026

    Goldman Sachs Seeking Review Of 4th Circ. Arbitration Denial

    Goldman Sachs wants the U.S. Supreme Court to take another look at a Fourth Circuit ruling shutting down the bank's attempt to arbitrate disputes over alleged automatic stay violations with a pair of debtors who had previously declared bankruptcy, pointing to an alleged circuit split.

  • June 25, 2026

    GOP Election Rules Appeal Sent To Ga. Supreme Court

    A Georgia appellate panel said Thursday that the state's justices, rather than the Georgia Court of Appeals, will need to consider whether two rules promulgated by the State Election Board violated the nondelegation doctrine of the state constitution.

  • June 25, 2026

    Clinic Manager Asks 4th Circ. To Upend 6-Year Fraud Sentence

    A clinic manager who paid patients in gift cards is challenging her six-year prison sentence, telling the Fourth Circuit on Thursday that a federal judge failed to consider other mitigating factors when sentencing her for healthcare fraud and failing to file a tax return.

  • June 25, 2026

    Netflix Urges Justices Not To Disturb 9th Circ. ERISA Docs Ruling

    Netflix urged the U.S. Supreme Court Thursday not to take up a petition from an employee health plan participant who alleged the company failed to provide him access to plan documents in violation of federal benefits law, arguing the Ninth Circuit's ruling in the case should remain in place.

  • June 25, 2026

    NJ Court Says Comptroller's Subpoena To Private Vendor Valid

    The Appellate Division of New Jersey Superior Court on Thursday said the state comptroller's office subpoena to a private company that provides services to charter schools is valid, holding that the watchdog agency can issue a subpoena to a vendor as part of an investigation.

  • June 25, 2026

    Fla. Panel Affirms Walmart Liability In Contractor Shock Injury

    A Florida appellate court affirmed a final judgment finding Walmart negligent for a service technician's shock-induced injury during the installation of an automatic door, ruling that an exception barred the retailer from asserting an independent contractor defense to avoid a duty owed to the worker.

  • June 25, 2026

    9th Circ. Says Farmworkers' Attys Deserve Higher Fee

    The Ninth Circuit has ordered a Washington federal court to increase an attorney fee award for farmworkers who successfully challenged the federal government's agricultural wage survey methodology, finding the lower court's explanation for slashing the award by 75% was insufficient.

Expert Analysis

  • 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.

  • 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.

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