Appellate

  • June 22, 2026

    Xinuos Says Judge Wrongly Recast IBM Copyright Fight

    A software company told a Second Circuit panel Monday that a New York federal judge had wrongly used her own arguments to recharacterize its copyright infringement claim against IBM into a time-barred ownership claim and give IBM a win.

  • June 22, 2026

    Atty's Bid To Void Wrongful Firing Award Revived

    A Florida appellate court revived an attorney's attempt to invalidate a nearly $353,000 award handed to a former employee in her wrongful termination case, ruling that the lawyer was entitled to challenge the judgment without satisfying the stay requirements under the state's Enforcement of Foreign Judgments Act. 

  • June 22, 2026

    Mich. Court OKs Conviction Of Man Who Filmed Traffic Stop

    A self-described First Amendment auditor who filmed a traffic stop has had his obstruction conviction upheld by a Michigan appeals court, which ruled that the right to record police did not allow him to ignore officers' lawful commands to keep a safe distance.

  • June 22, 2026

    Board Says Asylum Was Properly Denied In Light Of DUIs

    The Board of Immigration Appeals said an immigration judge reasonably denied a Cameroon man's bid for asylum based on multiple driving under the influence convictions, despite granting his application for withholding of removal to the African country.

  • June 22, 2026

    Colo. Appellate Court Says A Fist Is Not A 'Bludgeon'

    The Colorado Court of Appeals held for the first time that a fist cannot be a "bludgeon" or "simulated bludgeon" under a state law on menacing, reversing a defendant's felony menacing conviction in a split decision.

  • June 22, 2026

    Plaintiffs Ask 11th Circ. To Unfreeze Cruise Voyeurism Suits

    A group of plaintiffs suing Royal Caribbean Cruises Ltd. with allegations that one of its crew members covertly filmed them for his own gratification asked the Eleventh Circuit on Monday to undo a stay on related cases and affirm an order denying Royal Caribbean's bid to bring the cases to arbitration.

  • June 22, 2026

    Justices To Hear Fight Over Reach Of Bivens Prison Suits

    The U.S. Supreme Court agreed Monday to hear a case over whether a federal inmate can use a 1971 high court precedent to pursue damages from prison officials for allegedly failing to provide adequate medical care after a 2021 prison fight.

  • June 22, 2026

    10th Circ. Says Fire Chief Immune From Termination Suit

    A district court erred in denying a Colorado fire chief qualified immunity in a former union president's lawsuit alleging he was unlawfully terminated, the Tenth Circuit ruled Monday, finding that the former president failed to show the chief's actions violated "clearly established law."

  • June 22, 2026

    Yamaha Gets $7M Verdict Erased In Golf Cart Rollover Suit

    A Georgia appellate court panel on Monday ordered a new trial in a case in which a family won $7 million after their toddler was severely hurt in a Yamaha golf cart rollover, finding a lower court wrongly kept the motorized products maker from introducing warning label language at trial.

  • June 22, 2026

    3rd Circ. Backs Quest Over Claims Of Bad 401(k) Management

    The Third Circuit on Monday affirmed Quest Diagnostics Inc.'s victory over a proposed class action accusing the company of mismanaging its employee 401(k) plan, holding the company followed a prudent process in deciding to retain two challenged investment funds despite periods of underperformance.

  • June 22, 2026

    1st Circ. Backs Asylum Denial Due To Ability To Escape Abuse

    The First Circuit has upheld the Board of Immigration Appeals' denial of a Brazilian family's asylum case after the mother said she was repeatedly abused by her former partner, pointing to evidence that she was never unable to leave him.

  • June 22, 2026

    Philly Cops Can't Axe Daycare Owner's $4.1M Trial Verdict

    A Pennsylvania appeals panel on Monday rejected a bid from two Philadelphia police officers seeking to undo a $4.1 million verdict in favor of a daycare owner who said they beat her during the unrest following the fatal shooting of Walter Wallace, saying there's no reason to disturb the jury's findings.

  • June 22, 2026

    Feds Appeal Toss Of Ábrego García Charges

    The Trump administration said it is appealing a Tennessee federal judge's decision to throw out the human smuggling charges that it brought against Kilmar Ábrego García.

  • June 22, 2026

    Fla. Panel Revives Malpractice Suit Over Sex Offender Error

    A Florida appellate court panel revived a man's malpractice lawsuit alleging his public defender failed to investigate whether he was required to register as a sex offender, finding the attorney hadn't shown he was entitled to summary judgment. 

  • June 22, 2026

    FERC Says Texas LNG Project Is 'Environmentally Acceptable'

    The Federal Energy Regulatory Commission defended its continued approval of a liquefied natural gas project in South Texas, telling the D.C. Circuit it had addressed the court's previous concerns by expanding its analysis of the project's polluting effects.

  • June 22, 2026

    Fla. Court Vacates US Rep.'s Contempt For Flipping The Bird

    A Florida appeals court has vacated a contempt finding for Rep. Randy Fine, R-Florida, after he allegedly flipped off an opposing party during a virtual hearing, finding that the trial court should have let Fine's attorney have a break to prepare a written motion to disqualify the judge.

  • June 22, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week handled disputes involving executive compensation, take-private transactions, books and records demands, tender offers and alleged insider misconduct.

  • June 22, 2026

    Justices Won't Review Dispute Over Tax Fraud Deadline

    The U.S. Supreme Court declined on Monday to review a woman's challenge against the Internal Revenue Service over the period in which the agency can assess taxes on a taxpayer when a fraudulent third party triggers the liability.

  • June 22, 2026

    Gov't Says It Should Face Vax IP Claims, Not Moderna

    The U.S. Department of Justice has told the Federal Circuit that multibillion-dollar patent infringement litigation should be directed at the government, instead of Moderna, for the drugmaker's development and supply of COVID vaccines during the pandemic.

  • June 22, 2026

    Quinn Emanuel 'Star' Atty Named Appellate Co-Chair

    A Quinn Emanuel Urquhart & Sullivan LLP partner who has handled appeals of high-profile clients including Elon Musk and Jay-Z has been named national appellate practice co-chair, the firm announced Monday.

  • June 22, 2026

    Pa. Landowner Not Entitled To Approval Of Factory On Spec

    The developer of a proposed industrial facility in Northampton County, Pennsylvania, was not entitled to zoning approval if it could not identify a future tenant, a state appellate court ruled Monday.

  • June 22, 2026

    6th Circ. Ties Pot Biz Delays To Bureaucracy, Not A Violation

    The Sixth Circuit has thrown out a real estate developer's suit against the city of Pontiac, Michigan, and its clerk alleging they violated constitutional rights by delaying approvals of a proposed cannabis operation until it was no longer viable, saying the delays were an instance of discretionary actions in bureaucracy, not constitutional violations.

  • June 22, 2026

    Mass. Justices Approve Ballot Question On Open Primary

    A ballot question proposing to replace Massachusetts' party-based primary election system with an open primary may go to voters in November, the state's highest court said Monday.

  • June 22, 2026

    Justices Say Conviction In Patz Case Was Wrongly Overturned

    The U.S. Supreme Court on Monday reversed a Second Circuit decision that wiped out a murder conviction stemming from the 1979 disappearance of six-year-old Etan Patz due to allegedly inaccurate jury instructions.

  • June 22, 2026

    Justices Seek Solicitor General's Views On Drug Pricing Law

    The U.S. Supreme Court on Monday asked the federal government to weigh in on whether it should hear the pharmaceutical industry's challenge to Oregon's drug pricing transparency law, which drugmakers say forces them to justify pricing decisions and risks exposing trade secrets.

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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