Appellate

  • October 07, 2026

    ATG Hid Alliance In Chancery Proxy Fight, Del. Justices Told

    Empery Digital Inc. directors urged the Delaware Supreme Court on Wednesday to reverse a ruling requiring activist investor ATG Capital Opportunities Fund LP's board nominees to stand for election, arguing ATG failed to disclose an alleged voting arrangement with another stockholder, while ATG maintained the company is trying to impose disclosure requirements its bylaws do not contain.

  • October 07, 2026

    Immigration Board Orders Detention Of Unlicensed Trucker

    The Board of Immigration Appeals has ruled that a Russian native could not be released on bond, saying he posed a danger to the community because he worked as a long-haul truck driver even though he lacked a commercial driver's license.

  • October 07, 2026

    Texas Justices Push Exxon On Explosion Suit Coverage Bid

    The Texas Supreme Court pressed Exxon Mobil Corp. to explain why an AIG unit should have to pay $25 million of a $35 million settlement arising from a deadly 2013 explosion at the oil giant's refinery in Beaumont, asking Wednesday if the company had control over the workers who were injured.

  • October 07, 2026

    Ark. Panel Says Insurers Must Defend Walmart Opioid Suits

    Insurers for Walmart must defend the retail giant against underlying suits claiming its sale of prescription painkillers contributed to the opioid epidemic, an Arkansas state appeals court affirmed Wednesday, finding that the suits allege accidental conduct and are seeking damages because of bodily injury.

  • October 07, 2026

    Pa. Justices To Review Geofence Challenge Post-Chatrie

    The Pennsylvania Supreme Court agreed this week to hear a challenge to a geofence warrant just months after the U.S. Supreme Court ruled in Chatrie v. U.S. that such warrants implicate Fourth Amendment search protections.

  • October 07, 2026

    Excess Insurers Tell 4th Circ. Under Armour Owes Interest

    Five excess insurers told the Fourth Circuit that Under Armour Inc. must pay prejudgment interest on its return of $90 million in advanced coverage for defense costs, arguing a Maryland federal judge erred in determining they weren't owed interest under state law.

  • October 07, 2026

    Fed. Circ. Won't Rehear Axed $49M Verdict In Stent Fight

    The Federal Circuit on Wednesday denied a bid from the University of Texas to get a panel to rehear its patent infringement case where a $49.4 million jury verdict against Boston Scientific was overturned.

  • October 07, 2026

    5th Circ. Won't Revive Suit Against Dishwasher Water Rule

    The Fifth Circuit agreed with a Texas federal court that the Energy Policy and Conservation Act requires suits challenging federal water efficiency standards for appliances to be filed in circuit court.

  • October 07, 2026

    1st Circ. Seems Torn On DOJ Bid For Trans Care Records

    The First Circuit on Wednesday appeared divided over whether the Trump administration may access a wide array of documents related to gender-affirming care at Boston Children's Hospital, with judges asking pointed questions of lawyers on both sides.

  • October 07, 2026

    4th Circ. Says FCC Defied Congress Through Political Ad Rule

    A split Fourth Circuit panel Wednesday granted a request from Democratic candidates to force the Federal Communications Commission to issue a ruling on whether broadcasters may only charge the lowest possible rate for ads purchased by political committees attached to candidates.

  • October 07, 2026

    1st Circ. Presses NEA On 'Gender Ideology' Grant Criteria

    A First Circuit panel had sharp questions for the federal government Wednesday about its decision to disfavor National Endowment for the Arts grant applicants who "promote gender ideology," with one judge saying the arts program is supposed to be insulated from politics.

  • October 07, 2026

    3rd Circ. Upends Sandoz's $61.6M Award Against UTC

    A Third Circuit panel on Wednesday erased Sandoz Inc.'s $61.6 million award in a breach of contract case against United Therapeutics Corp., in a decision that sidesteps the major pharmaceutical company's request to reinstate a $137.2 million damages calculation that had been halved by the trial judge.

  • October 07, 2026

    8th Circ. Upholds $35,000 Costs Award In DAPL Protest Case

    An Eighth Circuit panel has upheld a lower court's award of more than $35,000 in costs to Morton County, North Dakota, and its officials in a challenge by an environmentalist who was severely injured by law enforcement during a protest over the Dakota Access pipeline.

  • October 07, 2026

    1st Circ. Skeptical Of Legal Basis For IRS-ICE Data Sharing

    The First Circuit repeatedly suggested during a hearing Wednesday that the Trump administration's use of a privacy exception in the tax code for criminal investigations to justify demanding tax records of noncitizens could allow it to target nearly anyone's private returns.

  • October 07, 2026

    Family Tells 5th Circ. Penske Can't Evade Crash Liability

    The family of a man killed in a Texas collision said a Fifth Circuit panel faithfully followed federal law when it revived its lawsuit alleging freight broker and trucking giant Penske is vicariously liable for the 2018 accident, and en banc review before the full court is unwarranted.

  • October 07, 2026

    Ga. Appeals Court Grapples With Nurses' COVID-Era Pay Fight

    A Georgia appeals court wrestled Wednesday with whether nurses who traveled to Florida for jobs at state-run COVID-19 testing sites were owed pay just for showing up in the Sunshine State — or if being assigned a shift triggered a staffing company's pay obligations. 

  • October 07, 2026

    Justices' Docs Should Belong To Public, Gov't Watchdogs Say

    Nearly two dozen government accountability groups are calling for Congress to enact a law that would make U.S. Supreme Court justices' papers government property that would someday be available to the public.

  • October 07, 2026

    Immunomedics Founder Says Deal Triggered $365M Pay Claim

    The founder of Immunomedics urged Delaware's highest court Wednesday to reinstate his roughly $365 million compensation claim against the biotechnology company, alleging Gilead Sciences Inc. became an "affiliate" when it bought Immunomedics for $21 billion and that his employment agreement therefore reaches Gilead's revenues.

  • October 07, 2026

    NC Panel Nixes Challenge To Confederate Memorial's Removal

    A nonprofit honoring Confederate soldiers has no standing to challenge the relocation of a Confederate monument to a local courthouse, a North Carolina Court of Appeals panel ruled Wednesday in affirming dismissal of the group's lawsuit.

  • October 07, 2026

    Mich. Judge Questions Push To Revive Abortion Restrictions

    A Michigan judge Wednesday called a state law requiring medical providers to give parenting information and a picture of a fetus to patients seeking an abortion a "hindrance" that is out of step with a voter-approved right to reproductive freedom.

  • October 07, 2026

    Late Notice Bars Roof Damage Coverage, 5th Circ. Affirms

    An insurer owed no coverage under a 2022 commercial property policy for damage that a Texas building sustained during a June 2018 hailstorm, the Fifth Circuit said, finding that the carrier was prejudiced by the property owner's four-year delay in providing notice.

  • October 07, 2026

    5th Circ. Backs DOL In Suit Over Withheld Plan Contributions

    The Fifth Circuit refused to upend the U.S. Department of Labor's win in a suit accusing a Louisiana contracting company executive of unlawfully keeping the insurance contributions deducted from employees' paychecks, rejecting his argument that he wasn't responsible for administering the company's benefit plans.

  • October 06, 2026

    AstraZeneca Takes Drug-Pricing Law Challenge To 4th Circ.

    AstraZeneca on Monday asked the Fourth Circuit to resurrect its suit challenging how the Centers for Medicare & Medicaid Services determines which drugs are subject to the landmark drug-pricing program, arguing that CMS is dodging limits on how many drugs can be selected by grouping some together.

  • October 06, 2026

    Racial Slur Bias Suit Revived By Calif. Justices Heads To Jury

    A Black San Francisco prosecutor's office worker was left debilitated when the city failed to take appropriate action after a co-worker called her a racial slur, her lawyer told a jury Tuesday, kicking off trial in a decade-long race bias suit that set precedent at the California Supreme Court.

  • October 06, 2026

    Tacoma Must Put Workers' Initiative To Voters, Panel Rules

    City leaders in Tacoma, Washington, have a duty to put a so-called Workers' Bill of Rights initiative to voters, a state appellate panel said Tuesday, holding in a published opinion that the city council failed to follow a charter provision requiring the council to "submit the proposal to the people."

Expert Analysis

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses seven recent rulings from cases involving Class Action Fairness Act jurisdiction, appellate jurisdiction, attorney fees and employment rights.

  • 3rd Circ. Hotel Ruling Flags Key Issues In Dynamic Pricing

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    The Third Circuit's recent decision in Cornish-Adebiyi v. Caesars Entertainment relies on allegations that competitors used nonpublic data to set real-time rates considered exorbitant, highlighting both the potential risks and substantial benefits of utilizing emerging technologies, say attorneys at Baker McKenzie.

  • 4th Circ. Class Cert. Ruling Offers Tips For Damages Experts

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    The Fourth Circuit's recent decision reversing class certification in litigation against Boeing raises the cost of a bare-bones damages model proposal for plaintiffs, but it also clarifies what a defensible proposal should contain, say Alok Khare and Erica Rose at FTI Consulting.

  • Opinion

    'Plain Meaning' Requires Plainer Meaning In IP Litigation

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    The Federal Circuit's recent decision in Socket Solutions v. Import Global highlights the frequent ambiguity surrounding courts' references to "plain meaning" in patent claim construction — an ambiguity that should be resolved by courts, not litigants, say attorneys at Klarquist Sparkman.

  • What To Know As Legal Duty To Consider AI Takes Shape

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    While the U.K. Jurisdiction Taskforce’s recent statement on liability for artificial intelligence harms is nonbinding for both U.K. and U.S. lawyers, it highlights the importance of being able to distinguish between the availability of a tool and a professional obligation to use it, say Jonny Frank and Michael Costa at StoneTurn.

  • Patent Ruling Shows Concrete Tech Solution Key To Eligibility

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    The Federal Circuit’s recent Ceiva Opco v. Amazon.com decision offers an important reminder that software-related inventions can remain patent eligible when they claim a concrete technological solution to a specific problem, says Irah Donner at Manatt.

  • Appellate Vape Rulings May Expand State Regulation Powers

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    Two recent federal appeals courts decisions rejecting Federal Food, Drug and Cosmetic Act preemption challenges to state electronic nicotine delivery systems directory laws signal an emerging appellate consensus that could significantly expand states' power to regulate vaping product sales where federal enforcement falls short, say attorneys at Troutman.

  • How Solar Fraud Case Affects Lender Oversight Of Dealers

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    The U.S. Supreme Court's refusal to review the Third Circuit's ruling in Migliore v. Sunlight Financial means that residential solar finance companies are protected from vicarious liability for deceptive acts by independent solar dealers — but lenders must still take steps to guard against dealer misconduct, says Rand Manasse at Green Lane Partners.

  • Fed. Circ. Rulings Emphasize Adjudicative Access And Review

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    Decisions from the Federal Circuit's 2026 docket indicate that the court is increasingly paying attention to whether tribunals possess authority to act, meaning practitioners will need to properly address procedural hurdles before they can argue the merits of a case, say attorneys at Reichman Jorgensen.

  • Amazon v. Perplexity Ruling Limits CFAA Reach Over AI Tools

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    The Ninth Circuit's recent decision in Amazon v. Perplexity provides important early guidance on how the Computer Fraud and Abuse Act applies to agentic artificial intelligence, and is the latest in a line of rulings in which courts have declined to stretch existing statutes to broadly regulate AI, say attorneys at Ropes & Gray.

  • Managing OSHA Mental Illness Logs After 5th Circ. Vacatur

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    Employers with facilities in multiple states need to carefully weigh their recordkeeping procedures following the Fifth Circuit’s recent decision that the Occupational Safety and Health Administration cannot require employers to log work-related mental illness, as inconsistent logs across facilities may raise other issues, say attorneys at Haynes Boone.

  • Expect More Probes After 3rd Circ. Algorithmic Pricing Ruling

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    The Third Circuit's recent decision in Cornish-Adebiyi v. Caesars Entertainment, allowing algorithmic price-fixing claims to proceed past motions to dismiss, may serve as a road map for how to contend with increased litigation risk in this developing area of antitrust law, say attorneys at BakerHostetler.

  • Series

    Being In A Band Made Me A Better Lawyer

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    Playing shows in storied New York City venues and rehearsing with my bandmates in poorly ventilated rooms helped develop the professional qualities I rely on as a litigator, including an ability to collaborate with strong-minded equals and the determination to treat each client with singular focus, says Eliad Shapiro at Herrick Feinstein.

  • Notable Q2 Updates In Insurance Class Actions

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    After 2026's second quarter, there is more authority rejecting class certification on total loss valuation theories from courts at the federal circuit, federal district and state appellate level — along with a resolution of a novel issue of depreciation on a wildfire claim, says Kevin Zimmerman at BakerHostetler.

  • 10th Circ. Ruling Undermines False Ad 'Two Clicks' Rule

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    The Tenth Circuit’s recent ruling in KetoNatural Pet Foods v. Hill's Pet Nutrition substantially challenges a long-standing assumption that a company can avoid responsibility for promotional claims simply because the consumer encountered them by clicking a hyperlink to a third-party website, say attorneys at Venable.

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