Appellate

  • July 31, 2026

    Insulet Urges Full Fed. Circ. To Revive $59M Trade Secret Win

    Insulin product developer Insulet Corp. has asked the full Federal Circuit to hear its arguments for reinstating a jury's $59.4 million trade secret theft verdict against EOFlow Co. Ltd., saying a split panel decision overturning the award reached a timeliness issue that was not mentioned by either party.

  • July 31, 2026

    Fed. Circ. Says Sapphire-Backed Watches Must Face Duties

    Imported Richard Mille luxury watches with synthetic sapphire crystal case-backs cannot qualify for duty-free treatment, the Federal Circuit affirmed.

  • July 31, 2026

    1st Circ. Says Boston Outdoor Dining Rules Not Biased

    The First Circuit rejected claims by a group of restaurant owners in Boston's Little Italy that Mayor Michelle Wu singled them out for stricter enforcement and impact fees related to outdoor dining because they are predominantly white and of Italian descent.

  • July 31, 2026

    NJ Detention Center Access, Gun Liability: A Midyear Report

    As the second half of 2026 unfolds, New Jersey courts will grapple with disputes testing the limits of state authority and examining gun-industry accountability.

  • July 30, 2026

    Minneapolis' Former Top Public Defender Gets Disbarred

    The Minnesota Supreme Court on Wednesday disbarred Hennepin County's former chief public defender after he was convicted of felony tax evasion and found to have misappropriated client funds, calling his actions "the most serious types of attorney misconduct."

  • July 30, 2026

    9th Circ. Reverses Hologenix CEO's Tortious Interference Loss

    A Ninth Circuit panel reversed a $2.5 million judgment Thursday against Hologenix CEO Seth Casden by finding a district court erred in ruling the executive is not immune from a tortious interference claim while also reversing a Lanham Act disgorgement award totaling nearly $3 million.

  • July 30, 2026

    Split 4th Circ. Says NC Vape Sale Limits Pass Preemption Test

    A divided Fourth Circuit on Thursday refused to block a new North Carolina law that regulates and prohibits the sale of certain e-cigarette or "vape" products, saying a coalition of vape retailers and manufacturers are not likely to prevail on their theory that the statute is preempted by federal law.

  • July 30, 2026

    Enbridge Loses 7th Circ. Wis. Trespass Row, Gets $5.2M Redo

    The Seventh Circuit upheld a decision holding that Enbridge Energy is trespassing on Wisconsin tribal lands, but vacated and remanded a $5.2 million restitution order and timeline for a portion of the Line 5 pipeline's removal, saying the company needs a "reasonable opportunity" to complete the proposed reroute.

  • July 30, 2026

    Valve Scores Quick Appeal In Gamer Arbitration Clause Fight

    A Seattle federal judge on Thursday granted Valve Corp.'s bid for a quick appeal of an order declining to halt antitrust arbitrations brought by hundreds of individual gamers, pausing the litigation for the video game developer to seek the Ninth Circuit's input on whether the arbitrations can proceed under its subscriber terms.  

  • July 30, 2026

    Disney, Cameron Get 'Avatar' Sequels IP Suit Nixed, For Now

    A California federal judge Thursday tossed an author's suit accusing the Walt Disney Co., film director James Cameron and Cameron's production company of ripping off the author's work to create "Avatar" movie sequels, saying any substantial similarities between the works should be better fleshed out should the writer amend his complaint again.

  • July 30, 2026

    Tesla Tells Justices USPTO Is 'Gutting' Patent Reviews

    Tesla Inc. has become the latest company to ask the U.S. Supreme Court to review limits that the U.S. Patent and Trademark Office has put on patent challenges, arguing that the office is "gutting" the review system created by the America Invents Act.

  • July 30, 2026

    Health Plans Ask 2nd Circ. To Revive Celgene Cancer Drug Row

    Health plans and pharmacies backed by Cigna are asking the Second Circuit to revive a proposed class action alleging Bristol-Myers Squibb Co. and its Celgene subsidiary fraudulently obtained patents, filed sham lawsuits and paid off generic-drug makers to maintain a monopoly on the blockbuster blood cancer drug Pomalyst.

  • July 30, 2026

    Wells Fargo Can't Collect $4M 'Stranger' Policy, 8th Circ. Says

    The Eighth Circuit on Thursday upheld a ruling that an insurer does not have to pay out a $4 million life insurance policy to Wells Fargo Bank NA, finding the policy taken out on the now-deceased man was void because it was obtained through a scheme meant to benefit investors.

  • July 30, 2026

    2 More Circuits Reject No-Bond Rule For Interior ICE Arrests

    Split Seventh Circuit and Ninth Circuit panels ruled Thursday that noncitizens arrested in the interior U.S. cannot be detained without bond, joining four other circuits that have rejected the Trump administration's policy of subjecting these noncitizens to mandatory detention.

  • July 30, 2026

    PLO Asks Justice Sotomayor To Halt $655M Terror Judgment

    The Palestine Liberation Organization has asked the U.S. Supreme Court to stay enforcement of a $655.5 million terrorism judgment, saying the Second Circuit had no power to revive a decade-old award that had already become legally void.

  • July 30, 2026

    11th Circ. Revives Nonprofit's Bias Suit Over COVID Grants

    The Eleventh Circuit on Wednesday revived part of a Florida nonprofit's suit challenging the denial of two COVID-19 relief grants, finding that the group had sufficiently alleged it was discriminated against because of racial bias and its association with a pan-African movement.

  • July 30, 2026

    Wash. Justices Say University Owed Duty In Hazing Death Suit

    The Washington State Supreme Court said in a 5-4 ruling Thursday that Washington State University had a duty to protect a student who died of alcohol poisoning following a hazing ritual at an off-campus party, including by taking steps to ensure fraternities were following rules against alcohol misuse and hazing.

  • July 30, 2026

    4th Circ. Urged To Keep Trump Trans Health Orders Blocked

    A group of transgender individuals and advocacy groups urged the Fourth Circuit to uphold a nationwide injunction they won against Trump administration executive orders banning federal funding of gender-affirming care for individuals under the age of 19.

  • July 30, 2026

    8th Circ. Agrees Chartreuse Color Can't Save Hose Maker's TM

    The Eighth Circuit on Thursday declined to revive a trademark that was asserted in a case brought by a water hose manufacturer against a competitor, agreeing with a federal judge who ruled the chartreuse color of the hoses was a functional feature and therefore invalidated the trademark.

  • July 30, 2026

    Fla. Panel Says Gun Selfie Was Fair Evidence In Murder Case

    A Florida state appellate court upheld a murder conviction for a man sentenced to life in prison for the shooting death of a woman over several pairs of sneakers, ruling that a selfie of the shooter brandishing a handgun wasn't prejudicial in the case. 

  • July 30, 2026

    8th Circ. Revives Iowa Vape Restrictions Law

    Iowa can start enforcing a state law that restricts the sale of some e-cigarettes, after the Eighth Circuit on Thursday determined that the policy was not preempted by federal tobacco law and overturned a lower court's ruling that blocked officials from implementing it.

  • July 30, 2026

    Resolution Copper Creates $54M Trust For Ariz., NM Tribes

    Resolution Copper Co. said it established a $54 million trust that will provide annual funding to 11 Indigenous nations that have cultural and ancestral ties to a sacred Arizona worship site that's facing destruction to make way for a multibillion-dollar mining operation.

  • July 30, 2026

    Fed. Circ. OKs Samsung Win Over Patent Tied To $81M Award

    The Federal Circuit on Thursday upheld a Patent Trial and Appeal Board decision invalidating a patent covering standard-essential 5G wireless network technology that Samsung was directed to pay $81 million for infringing, rejecting G+ Communications LLC's procedural and evidentiary arguments.

  • July 30, 2026

    Split NJ High Court Backs Walmart In Snowy Lot Injury Suit

    The New Jersey Supreme Court ruled Thursday that Walmart didn't create the "unusual circumstances" required to make it liable for injuries suffered by a customer who slipped on a snowy parking lot, drawing a sharp dissent from justices who said the majority's take shunned case law and "bedrock tort principles" and misread case law.

  • July 30, 2026

    Minn. Sued Over Dairy Expansion Environmental Review

    Advocacy groups in Minnesota are suing the state over its decision not to provide a government document that outlines the potential environmental effects of the proposed West River Dairy expansion, arguing significant impacts to air and water quality were ignored.

Expert Analysis

  • Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

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    An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

  • Google Antitrust Case Puts Spotlight On De Facto Exclusivity

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    Mozilla's recent amicus filing in U.S. v. Google arguing that its agreement to make Google the default search engine did not amount to de facto exclusivity highlights the growing debate over traditional indicators of exclusivity, with implications for any business that uses rebates, preferred contracts or volume incentives, says Chris Gowen at WilmU Farnan School of Law.

  • Justices' Montgomery Ruling Doesn't Expand Shipper Liability

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    Whether negligent hiring liability claims against shippers will increase after the U.S. Supreme Court's decision last month in Montgomery v. Caribe Transport II is anyone's guess, but the ruling itself will have no impact on shippers' actual liability in personal injury claims relating to trucking accidents, says Ronald Leibman at McCarter & English.

  • GHG Rescission Undermines State Climate Suit Preemption

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    As the U.S. Supreme Court considers the fate of state climate litigation in Suncor Energy Inc. v. Boulder County, it must confront the fact that the U.S. Environmental Protection Agency's rescission of its greenhouse gas endangerment finding has also removed the foundation for federal preemption of state climate suits, says attorney Gregg Goldfarb.

  • 3rd Circ. Decision Sheds Light On BIPA Bank Exemption

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    The Third Circuit's recent decision in McGoveran v. Amazon illuminates how courts are extending the Illinois Biometric Information Privacy Act's financial institution carveout beyond banks and insurers to technology vendors and other businesses handling biometric data, a defendant-friendly shift that still casts uncertainty around BIPA's enforcement, say attorneys at Dorsey & Whitney.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • Series

    Moshing Makes Me A Better Lawyer

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    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • High Court Ruling Casts Doubt On Status-Based Gun Bans

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    The U.S. Supreme Court’s recent ruling in U.S. v. Hemani demonstrates that the justices are increasingly skeptical of broad theories of categorical disarmament and clarifies that dangerousness cannot simply be presumed from one's status or membership in a statutory category, such as illegal drug use, says Lee Francis at Widener Law.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

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    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • Steps For Employers After 7th Circ. BIPA Retroactivity Ruling

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    The Seventh Circuit's recent ruling in Clay v. Union Pacific sharply limits per-scan statutory damages theories in pending Biometric Information Privacy Act cases by retroactively applying a 2024 amendment, but employers should not mistake the holding for a broad safe harbor, say attorneys at Thompson Coburn.

  • How NEPA Review Has Changed Since Seven County

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    A year after the U.S. Supreme Court's decision in Seven County Infrastructure Coalition v. Eagle County instituted major changes to judicial review under the National Environmental Policy Act, courts are effectively applying the decision, but where things go from here may be up to agencies and project proponents, say attorneys at Venable.

  • A Midyear Look At Antiterrorism Act Jurisprudence And Policy

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    Plaintiffs have filed comparably fewer new actions under the Antiterrorism Act this year, though a handful of key decisions further defined the statute’s aiding-and-abetting standard and highlighted continuing risks for financial services companies, say attorneys at Skadden.

  • Justices' ICA Ruling Provides Certainty For Regulated Funds

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    The U.S. Supreme Court's recent ruling in FS Credit v. Saba that a contract-rescission provision of the Investment Company Act does not provide investors with a private right of action is a victory for the regulated fund industry, emphasizing that where Congress intended to create private remedies, it did so expressly, say attorneys at Simpson Thacher.

  • Justices' Obstruction Ruling Clears Venue-Challenge Path

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    While the U.S. Supreme Court’s recent ruling in Abouammo v. U.S. poses venue challenges for federal obstruction of justice prosecutions, it is a gift for defense counsel because it offers a clean, constitutional basis to challenge venue where a place of falsification and a place of investigation diverge, says Liz Aloi at MoFo.

  • Drawing A Line Between Settlement Pressure And Extortion

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    U.S. v. Luo, pending in the U.S. District Court for the Southern District of New York, may force courts to address anew when settlement negotiations become criminal extortion, particularly in the age of easily fabricated digital evidence, says attorney Denis Kiely.

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