Appellate

  • August 06, 2026

    11th Circ. Erases Worker's $800K Win In Dreadlock Bias Suit

    The Eleventh Circuit scrapped an $800,000 verdict in favor of a Black worker who claimed she was let go after complaining that she'd been racially targeted for wearing dreadlocks, ruling faulty jury instructions meant the security company she worked for should get a new trial.

  • August 06, 2026

    Ute Tribe Says Ex-Energy Manager Can't Evade Tribal Review

    A tribe in Utah is asking the Tenth Circuit to deny a former energy manager's bid to have a 13-year breach of contract dispute heard before a federal court, arguing that because of his "delay tactics," a trial in Ute Indian Tribal Courts has not concluded.

  • August 05, 2026

    3rd Circ. Backs Arbitrators' Change To Investment Fee Award

    The Third Circuit has upheld a doctrine under which arbitrators are barred from revisiting their prior decisions, in a dispute over the distribution of certain fees that resulted in a revised award expanding an asset manager's liability from $300,000 to nearly $7 million.

  • August 05, 2026

    Senate Dems Grill Trump's Judge Picks For 5th Circ., Alabama

    Senate Democrats on Wednesday dug into two judges nominated by the president to serve in Alabama district court and on the Fifth Circuit over their careful answers about who won the 2020 election and one's history of advocating against a ban on forced arbitration for workplace sexual harassment and assault claims.

  • August 05, 2026

    Unread Arbitration Emails Are Unenforceable, 9th Circ. Rules

    Arbitration agreements sent to workers aren't arbitration agreements assented to by workers, the Ninth Circuit held Wednesday, rejecting assertions from medical supplies giant Thermo Fisher Scientific that its arbitration-related emails — even if never read — sufficed to keep an ex-employee's proposed class action out of court.

  • August 05, 2026

    5th Circ. Wary Again Of FCC's Control Over Subsidy Program

    A panel of Fifth Circuit judges on Wednesday raised new questions about the Federal Communications Commission's oversight of the country's $9 billion annual telecom subsidy program after a U.S. Supreme Court decision kept the fund intact last summer.

  • August 05, 2026

    Texas Panel Cuts China Golf Cart-Maker From Fatal Crash Suit

    Litigation concerning a fatal golf cart rollover at a San Antonio country club that killed a passenger and severely injured another will have to proceed without the Chinese manufacturer as a defendant, a state appeals court ruled on Monday after finding Texas courts didn't have jurisdiction.

  • August 05, 2026

    Incumbent Wash. Justices On Top In Early Primary Results

    Three incumbent Washington State Supreme Court justices — including two governor appointees — led their respective primary races Wednesday, as a state trial judge edged ahead in the race for another open seat on the high court, according to preliminary election results.

  • August 05, 2026

    CREXi Wants 9th Circ. To Undo Quinn Emanuel CoStar Row DQ

    Commercial Real Estate Exchange Inc. doesn't want to replace Quinn Emanuel Urquhart & Sullivan LLP after a California federal judge disqualified the firm from defending a copyright infringement suit by CoStar, seeking Ninth Circuit intervention and a pause on the district court case.

  • August 05, 2026

    Stewart Says Patent System 'Crisis' Fueled USPTO Changes

    Coke Morgan Stewart, the deputy director of the U.S. Patent and Trademark Office who left the agency last week, said in an interview with Law360 this week that new limits on patent challenges and other policy changes she helped lead were driven by a sense that the patent system was in "a pretty significant crisis."

  • August 05, 2026

    Panel Rejects BMS Investor's Bid To 'Camouflage A Wolf'

    A New Jersey state appeals court said an investor's amended complaint over Bristol-Myers Squibb Co.'s $74 billion acquisition of Celgene Corp. was a wolf camouflaged in sheep's clothing, finding that the investor's claims of disclosure requirement shortfalls sounded more in fraud than negligence and failed to satisfy the heightened pleading standard required.

  • August 05, 2026

    NYC's Food Apps Data Law Goes Too Far, 2nd Circ. Says

    A New York City law that would require DoorDash, GrubHub and other delivery apps to share customer data with the restaurants fulfilling food orders violates the First Amendment, the Second Circuit ruled Wednesday.

  • August 05, 2026

    Fed. Circ. Backs Another Lululemon Win On Nike Patent

    The Federal Circuit on Wednesday refused to revive claims in a Nike fitness tracker patent challenged by Lululemon, affirming a Patent Trial and Appeal Board decision that the claims were invalid.

  • August 05, 2026

    Backing Penalty For 1st Misquote, Panel 'Stunned' By Another

    A solo practitioner in North Carolina sanctioned for misleading a trial court judge with a misquote in his pleadings "stunned" an appellate panel when he made yet another quotation blunder in his brief on appeal, according to a published opinion Wednesday affirming his punishment.

  • August 05, 2026

    Pa. Panel Says Screenshots Not Hearsay In Stolen Money Case

    A juvenile who was sentenced to be placed in a secure detention facility after stealing money electronically from his guardian cannot have his conviction overturned after a Pennsylvania appeals court ruled that screenshots showing money transfers in a banking app were not hearsay.

  • August 05, 2026

    9th Circ. Urged To Revisit Klamath Project ESA Ruling

    A water association is asking the Ninth Circuit to rethink a ruling that held the Endangered Species Act applies to the operation and management of an Oregon irrigation project, arguing that the appellate court left "an unworkable" framework to determine a threshold question over nondiscretionary federal agency actions.

  • August 05, 2026

    No Coverage For Assisted Living Death, Fla. Panel Says

    A Florida appellate court on Wednesday reversed a judgment that required National Assisted Living Risk Retention Group to provide coverage for a wrongful death suit from a resident's 2012 death, finding no claim was made during the relevant policy period.

  • August 05, 2026

    Ga. Panel Weighs Damages Law In $950K Walmart Fall Case

    The Georgia Court of Appeals on Wednesday considered if a new trial is warranted in a woman's slip-and-fall case against Walmart, grappling with whether her attorney's arguments to obtain a $975,000 verdict were improper under a state law amended in 2025.

  • August 05, 2026

    Netlist, Samsung Enter 5-Year Deal To End Extensive IP Feud

    Netlist and Samsung have resolved their multipronged patent fight after reaching a deal in which the South Korean electronics giant agreed to make multimillion-dollar payments to get access to a portfolio of Netlist's patents.

  • August 05, 2026

    Murdaugh Loses Jury Tampering Suit Against Ex-Court Clerk

    A South Carolina federal judge on Wednesday dismissed disgraced attorney Alex Murdaugh's jury tampering suit against a former court clerk who was found to have interfered in his murder trial, ruling there was no connection between his alleged damages and the ex-clerk's misconduct.

  • August 05, 2026

    Pa. Court Wipes Out $19M Verdict In Nursing Home Death Suit

    A Pennsylvania appeals court has vacated $19 million in damages, including $15 million in punitive damages, in a suit against nursing home operators and managers over the death of a resident, finding the trial court should have reconsidered damages after negating liability against two of the four defendants.

  • August 05, 2026

    Atty Scolded Over Bogus Cases In San Antonio School Fight

    A Texas state appellate panel on Wednesday admonished counsel for submitting a brief with four bogus case citations likely generated by artificial intelligence in defending a parent's lawsuit against a school district for suspending her fifth-grade son.

  • August 05, 2026

    High Court To Hear Intel 401(k) Suit Arguments In October

    The U.S. Supreme Court has set an October date for oral arguments in an appeal from Intel workers who argued the Ninth Circuit imposed too strict a standard when it upheld the dismissal of their lawsuit alleging their retirement savings were dragged down by underperforming investment options.

  • August 05, 2026

    DC Gun Ban Suit Paused For High Court Look At Ill. Case

    A D.C. federal judge has stayed the Trump administration's challenge to the city's prohibition on silencers and AR-15s, ordering the case to remain on ice until the U.S. Supreme Court rules on a similar challenge to semiautomatic bans in Illinois and Connecticut.

  • August 05, 2026

    Court Wrongly Nixed $750K Tax Debt Collection, 6th Circ. Told

    An Ohio federal court wrongly found that the U.S. government couldn't collect on a man's federal tax liabilities of over $750,000 via a property sale, the government told the Sixth Circuit, saying while the man's mother holds legal title to the property, he is its equitable owner.

Expert Analysis

  • Where The Justices Aligned In Appellate Authority Ruling

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    The real story of the U.S. Supreme Court’s recent ruling in T.M. v. University of Maryland Medical System Corp., finding that a doctrine designed to curtail duplicative litigation prevents federal district courts from reviewing state court decisions, is in how the justices together revisited an obscure, century-old jurisdictional doctrine, says Alex Dimitrief at Zeughauser Group.

  • 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.

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