Appellate

  • August 12, 2026

    In 'Close' Call, 7th Circ. Backs FDIC In-House Enforcement

    In what the court called a "close and challenging call," the Seventh Circuit on Wednesday ruled the Federal Deposit Insurance Corp. could use in-house proceedings to adjudicate claims of unsound banking practices, rejecting a former Illinois community bank chairman's contention that such proceedings violate his right to trial by jury.

  • August 12, 2026

    Suit Over Alleged Work Trip Sex Assault Revived

    An Indiana appeals court has revived a workplace rape lawsuit against delivery contractor Catucky Derby Inc., ruling a trial court was wrong to dismiss the employee's claims that the company fostered a drinking culture that led to the owner's brother assaulting a coworker.

  • August 12, 2026

    Panel OKs Bowling Alley's Win In Alcohol Overserving Case

    A Florida appeals court on Wednesday cleared a bowling alley of liability in a suit accusing it of overserving alcohol to a customer who later caused a fatal crash while driving drunk, saying an amended complaint alleging new facts was filed too late.

  • August 12, 2026

    Ariz. Justices Rule Clergy Privilege Is Only For Confessions

    A Phoenix church pastor charged with sexually abusing a child cannot block prosecutors from using a recording of him admitting to the crime, the Arizona Supreme Court ruled Wednesday, saying the recording was not made during a protected religious confession.

  • August 12, 2026

    11th Circ. Backs EPA, Fertilizer Co. In 'Radioactive' Road Case

    The Eleventh Circuit on Wednesday rejected an environmental group's challenge to the U.S. Environmental Protection Agency's decision allowing the construction of a private road with a radioactive byproduct from fertilizer production, finding EPA regulations don't categorically bar such use.

  • August 12, 2026

    9th Circ. Upholds Ex-ITT Students' $12M Loan Fraud Win

    The Ninth Circuit Wednesday affirmed a $12 million judgment to former students of bankrupt for-profit college ITT Education Services Inc., saying their RICO claims against student loan servicers weren't time-barred because evidence showed the students had no way of knowing they were being scammed more than four years before they filed suit.

  • August 12, 2026

    9th Circ. Backs Extradition For Al Qaeda In Iraq-Linked Killings

    The Ninth Circuit said Wednesday that a U.S. citizen can't escape his extradition to Iraq to be tried for the murders of two Iraqi police officers because the killings constitute international terrorism, meaning he is not protected by a political-offense exception to the relevant extradition treaty.

  • August 12, 2026

    10th Circ. Upholds Phone Search In Child Porn Case

    The Tenth Circuit upheld an Oklahoma man's child pornography convictions Wednesday, rejecting his arguments that police unlawfully prolonged a traffic stop and obtained an overly broad warrant to search his cellphone.

  • August 12, 2026

    Apple Gets Brief Pause In App Store Case From High Court

    The U.S. Supreme Court issued a brief stay Wednesday in a case from Epic Games targeting Apple's App Store policies, after the district court refused to put the case on hold while the justices review a contempt order against Apple.

  • August 12, 2026

    1st Circ. Urged Not To Revive Puerto Rico Climate RICO Suit

    Fossil fuel companies have urged the First Circuit to uphold the dismissal of a racketeering and antitrust lawsuit from several Puerto Rico municipalities claiming the companies misrepresented the climate dangers of fossil fuel products in causing a pair of hurricanes.

  • August 12, 2026

    11th Circ. Says Insurer's Appeal Is Moot After Settlement

    The Eleventh Circuit has dismissed Mt. Hawley Insurance Co.'s appeal of a ruling requiring it to defend a subcontractor in a wrongful death lawsuit, saying the settlement of the underlying suit in a Florida state court divested the federal appeals court of jurisdiction.

  • August 12, 2026

    Wheelchair Isn't A 'Vehicle' For DUI Test Consent In PA

    A Pennsylvania appeals court on Wednesday rolled out its finding that a man's wheelchair does not constitute a vehicle and that his use of the device to leave the scene of a car crash did not imply consent for a blood test as part of a DUI investigation.

  • August 12, 2026

    10th Circ. Says NAR Antitrust Suit Came Too Late

    A Tenth Circuit panel found Tuesday that antitrust allegations against listing rules created by the National Association of Realtors are time-barred because the four-year statute of limitations applies to the Utah-based real estate firm's claims.

  • August 12, 2026

    Trump Tells 11th Circ. Sanctions In IRS Case Must Be Paused

    President Donald Trump urged the Eleventh Circuit on Wednesday to halt sanctions imposed by a lower court over an immunity deal that would have given him broad protections from federal tax audits and investigations, arguing he and the government have distinct interests.

  • August 12, 2026

    Squires Tells Fed. Circ. PTAB Made Error In Corteva Decision

    U.S. Patent and Trademark Office Director John Squires has asked the Federal Circuit to intervene in Inari Agriculture's appeal of a Patent Trial and Appeal Board decision upholding a Corteva patent on insect-repellent corn, saying part of the board's decision was wrong.

  • August 12, 2026

    Guo Daughter Asks Justices To Hear $60M Yacht, Escrow Row

    Exiled Chinese businessman Miles Guo's daughter has asked the U.S. Supreme Court to review decisions transferring a yacht that sold for $23 million plus a $37 million escrow fund to her father's Connecticut Chapter 11 estate, saying a Second Circuit ruling conflicts with decisions in several other circuits.

  • August 12, 2026

    Conn. Justices OK Tax Penalty For Failure To File Form

    A Connecticut town didn't err when it assessed a tax penalty on a property owner that failed to file an income report requested by the town's assessor, even though the assessor had sent the form to an old address, the state Supreme Court affirmed Wednesday.

  • August 12, 2026

    11th Circ. Reopens ADA Suit Against Florida Fire Department

    An Eleventh Circuit panel has revived a former Florida fire department employee's Americans with Disabilities Act lawsuit against his ex-employer, saying a reasonable jury could find that the department caused the former medical chief's termination by failing to accommodate his disabilities.

  • August 12, 2026

    6th Circ. Rejects Prison Worker's Excessive Force Claim

    The Sixth Circuit has rejected a Michigan prison employee's excessive force claim stemming from injuries she suffered during a hostage training exercise, ruling that she was not "seized" under the Fourth Amendment because the officers were practicing a rescue rather than carrying out an actual law enforcement operation. 

  • August 12, 2026

    Full 5th Circ. Invalidates Part Of No Surprises Act Rules

    The full Fifth Circuit partially unraveled federal regulations that implemented an arbitration system between insurers and out-of-network providers that Congress established in a 2020 law called the No Surprises Act, holding aspects of how the rules calculated payment amounts for disputed claims were unlawful.

  • August 12, 2026

    Phone Data OK Despite Warrant Delays, Mass. Justices Say

    Four months was not an unreasonable delay between police taking a suspect's cellphone and obtaining a warrant to search its contents, Massachusetts' highest court ruled Wednesday, reversing suppression of phone evidence in two unrelated cases. 

  • August 12, 2026

    Trump Repeats Call To Remove Stay On Mail-In Ballot Order

    The Trump administration prodded the U.S. Supreme Court on Wednesday to "promptly" lift a Massachusetts judge's order prohibiting the enforcement of new restrictions on mail-in ballots in 23 states and the District of Columbia in this year's midterm elections. 

  • August 12, 2026

    3rd Circ. Revives Inmate's Claim Officials Blocked Grievance

    The Third Circuit ruled Wednesday that an incarcerated man in Pennsylvania must be given a second shot at bringing claims that a prison administrator violated his constitutional rights by calling him a "snitch" for filing previous federal lawsuits against the prison.

  • August 12, 2026

    Zillow Investors Urge Justices To Reject Post-Goldman Case

    Zillow investors have asked the U.S. Supreme Court not to hear a lawsuit over the company's shuttered homebuying business, arguing that the justices should reject Zillow's request to apply a "new, stricter rule" for certifying shareholder class actions.

  • August 12, 2026

    Kalshi Uses CFTC Order To Build Case For NY Shield

    Kalshi intensified its push for the Second Circuit to shield it from a New York state lawsuit targeting its sports event contracts Wednesday, arguing a new U.S. Commodity Futures Trading Commission directive demonstrates the company's need for protection.

Expert Analysis

  • What Fed. Circ.'s Poultry Patent Ruling Says About 'About'

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    The Federal Circuit's recent decision in Enviro Tech v. Safe Foods highlights how approximation language in patent claims affects not only litigation outcomes, but also portfolio value, competitive positioning and prosecution strategy, say attorneys at Foley & Lardner.

  • Class Actions At The Circuit Courts: May Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings from cases involving allegations of Title VII violations, the Employment Retirement Income Security Act, prison dental care violations and overcharging for PACER access.

  • Texas Ruling Makes Avoiding Appraisal Nearly Impossible

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    By deciding that a coverage dispute doesn't nullify an appraisal clause, the Texas Supreme Court, in its recent Ace American Insurance ruling, makes appraisal nearly unavoidable in state personal auto and residential property disputes, says David Winter at Norton Rose.

  • Series

    NY Times Word Puzzles Make Me A Better Lawyer

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    Every morning I let The New York Times humble me with word games, which offer a chance to recalibrate my brain before the day's chaos arrives and remind me that a solution — whether to a puzzle or employment law issue — almost always exists once I find the right angle, says Amy Epstein Gluck at Pierson Ferdinand.

  • Tracking Tech Suit Is A Risk Management Reminder For Cos.

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    The Fifth Circuit recently heard oral argument in Rand v. Eyemart Express — an appeal that could reshape the legal landscape for businesses that deploy tracking tech on their websites — underscoring the importance of proactive risk management for companies across multiple industries, say attorneys at Blank Rome.

  • Series

    Law School's Missed Lesson: Diagnose Before Arguing

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    Law school often skips over explicitly teaching students how to determine what kind of problem a case presents before they commit to a particular doctrinal path, which risks building arguments that are internally coherent but externally misaligned, says Melanie Oxhorn at Kobre & Kim.

  • A Fed. Circ. Blueprint For Drafting Medical Device Patents

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    The Federal Circuit's decision in Constellation Designs v. LG last month, among other recent rulings, underscores the importance of emphasizing engineering, rather than clinical goals, when drafting patent claims for medical devices and software as a medical device, says Brandon Theiss at Volpe Koenig.

  • Decoding Arbitral Disputes: EU's Arb. Defense From Russia

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    The EU's latest package of restrictive measures against Russia marks a significant shift from merely resisting Russian jurisdictional tactics to proactively protecting arbitration and exclusive jurisdiction agreements, elevating the procedural importance of dispute resolution clauses, says Josep Galvez at 4-5 Gray's Inn Square.

  • Becoming The Biz-Savvy GC That Portfolio Companies Need

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    Candidates for general counsel roles at private equity-backed portfolio companies should prioritize proving their sector-specific experience, commercial judgment and ease with uncertainty — and attorneys hoping to be candidates in five to 10 years should start working on those skills now, says Dimitri Mastrocola at Major Lindsey.

  • Nielsen Appeal Tests Antitrust Limits Of Pricing And Bundling

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    In Cumulus v. Nielsen, the Second Circuit is considering a structural pattern in which a monopolist exploits upstream market power to foreclose downstream competition, which could potentially offer broad insight into how courts will assess exclusionary bundling and pricing defenses under antitrust law, says Luke Hasskamp at Bona Law.

  • Series

    Judges On AI: How Courts Can Survive The Tech Revolution

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    Colorado Supreme Court Justice Maria Berkenkotter and Colorado Court of Appeals Judge Lino Lipinsky de Orlov discuss how artificial intelligence has already fundamentally altered the legal system and offer tips for courts navigating deepfakes, hallucinations and a gap in access to AI tools.

  • 'Skinny Label' Arguments Spotlight Induced Infringement Risk

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    Recent oral arguments before the U.S. Supreme Court in Hikma Pharmaceuticals v. Amarin Pharma highlight the uncertain boundary between lawful generic competition through so-called skinny labels and induced patent infringement, with potential implications for patent holders’ communication, enforcement and causation strategies across industries, says Anton Hopen at Trenam.

  • A Framework For Habeas Relief After 5th Circ. Bond Ruling

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    Following the Fifth Circuit’s recent Buenrostro-Mendez v. Bondi decision foreclosing statutory bond for detained nonimmigrants not deemed admitted to the U.S., lawyers should adopt a framework that requests habeas relief pursuant to the Fifth Amendment’s due process clause, says Kemal Hepsen at Mandamus Lawyers.

  • 4th Circ. Ruling Will Rewrite Class Action Litigation Strategies

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    The Fourth Circuit's recent decision in Oliver v. Navy Federal Credit Union is the first from a federal circuit court to hold that motions to strike are inappropriate vehicles for challenging class allegations at the pleading stage, invalidating a tactic that had been used for decades, says Jim Francis at Francis Mailman.

  • Startup Founder Disputes Increasingly Turn On Governance

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    Recent Delaware developments suggest that as courts place increasing emphasis on board process, independence and oversight in founder-led startups, the growing intersection of governance, technology risk and investor oversight is accelerating both the emergence and escalation of founder disputes, says mediator Frank Burke.

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