Appellate

  • 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.

  • June 22, 2026

    High Court Leaves Intact Mich. Drone Hunting Restrictions

    The U.S. Supreme Court on Monday declined to hear a challenge to Michigan's ban on using drones to locate downed game animals, leaving in place a Sixth Circuit ruling finding the restriction does not violate the First Amendment.

  • June 22, 2026

    High Court Won't Wade Into Fight Over CBA Leave Provision

    The U.S. Supreme Court on Monday turned down a Minnesota teachers union local's bid for review of an Eighth Circuit decision that revived a taxpayer challenge to a collective bargaining agreement's policy letting workers take paid time off to work for their union.

  • June 22, 2026

    Supreme Court Won't Review HFC Reduction Law

    The U.S. Supreme Court on Monday denied a Georgia refrigerants company's petition to review a 2020 environmental law and subsequent U.S. Environmental Protection Agency regulations requiring an 85% reduction in hydrofluorocarbon consumption by 2036, rejecting a chance to either modify or replace the "intelligible principle" test in nondelegation cases.

  • June 22, 2026

    High Court Won't Hear Dolby's PTAB Interested Party Case

    The U.S. Supreme Court on Monday rejected an appeal in which Dolby sought to require Unified Patents to name the interested parties in an unsuccessful patent challenge, leaving intact a Federal Circuit decision that Dolby cannot appeal a validity decision in its favor.

  • June 22, 2026

    Justices Decline Appeal Over Monster's $272M False Ad Win

    The U.S. Supreme Court on Monday declined to review former Vital Pharmaceuticals CEO and Bang Energy founder Jack Owoc's pro se bid to undo Monster Energy Co.'s roughly $272 million false advertising win over claims that Bang drinks contained super creatine.

  • June 22, 2026

    Justices Decline To Hear 'More Than An Athlete' TM Fight

    The U.S. Supreme Court on Monday declined to review a Federal Circuit ruling that allowed a company affiliated with LeBron James to cancel a Maryland youth nonprofit's "I Am More Than An Athlete" trademark registration based on common law rights acquired during the dispute.

  • June 22, 2026

    Justices Seek Input On NJ State Bar Diversity Challenge

    The U.S. Supreme Court has asked the federal government to weigh in on a Garden State appellate court's decision that approved a New Jersey State Bar Association system for fostering diversity in its leadership that was accused of being discriminatory.

  • June 21, 2026

    DC Circ. Sends CFPB Layoff Fight Back To District Court

    The D.C. Circuit has declined to give the Trump administration an immediate green light for a plan to lay off around half of the Consumer Financial Protection Bureau's remaining workforce, instead handing it off for a Washington, D.C., federal judge to review first.

  • June 18, 2026

    Split 6th Circ. Revives Ohio's Social Media Age Limit Law

    A divided Sixth Circuit panel Thursday wiped out a lower court's order blocking an Ohio law barring social media companies from allowing children under 16 to create accounts without parental consent, ruling that the measure does not run afoul of the Constitution.

  • June 18, 2026

    NJ Panel Reverses Go-Ahead In Disabled Student Death Suit

    A New Jersey appellate panel on Thursday renewed a public school district's bid to exit a suit accusing it of causing the death of a 14-year-old special needs student, saying it was unclear whether there were "extraordinary circumstances" justifying allowing a late filed claims notice.

  • June 18, 2026

    Ex-Wells Fargo Rep Can't Get Whistleblower Pay At Fed. Circ.

    The Federal Circuit won't revive an ex-Wells Fargo employee's suit alleging the U.S. Department of Justice won't pay her share of a $2 billion payout that settled allegations the bank misled investors about troubled loans behind its residential mortgage-backed securities, ruling Thursday the U.S. Court of Federal Claims lacks jurisdiction to review the DOJ's decision.

  • June 18, 2026

    Split 9th Circ. To Rehear Ministry's Anti-LGBTQ+ Hiring Case

    The Ninth Circuit on Thursday nixed a panel's recent ruling that the First Amendment shields a Christian ministry's practice of rejecting gay job applicants, granting Washington state's bid for a full-court rehearing while drawing protest from one appellate judge that the court has "relegated religious liberty to a second-class right."

  • June 18, 2026

    Meta Can't Undo $35M Political Ad Penalty, Wash. Justices Say

    Most of the Washington State Supreme Court justices rejected Meta's First Amendment challenge to a state political advertising disclosure law in a divided opinion, while also spurning the social media giant's argument that a $35 million penalty against it violates the Constitution's prohibition on excessive fines.

  • June 18, 2026

    Bitcoin Thief Tells 2nd Circ. Resentence Violates Constitution

    Counsel for a convicted Florida bitcoin fraudster who was sentenced to 12 years in prison for failing to pay over $20 million in restitution stemming from his role in a crypto heist on Thursday told the Second Circuit that the lower court's resentencing trampled on the constitutional rights of her client, who "never got due process at any stage."

  • June 18, 2026

    Fatal Crash Was On Pathway, Not Street, Pa. Panel Rules

    A Philadelphia suburb can't be held liable for the death of a 73‑year‑old man who was allegedly run over by his older brother who was driving in a park, a Pennsylvania state appeals court ruled Thursday, saying the 9‑foot‑wide paved pathway the crash occurred on wasn't legally a street.

  • June 18, 2026

    Fla. Court Says Death Row Inmate's New Evidence Is Too Late

    The Florida Supreme Court on Thursday ruled that a death row inmate whose case has gone before the U.S. Supreme Court cannot bring a second postconviction relief motion in state court because a deadline in state law for bringing new evidence has passed.

  • June 18, 2026

    Fed. Circ. Again Revives Valve Bid To Ax Patent In $4M Verdict

    The Federal Circuit on Thursday gave Valve Corp. yet another chance to try to invalidate rival SCUF's video game controller patent underlying a $4 million verdict, ruling that, after the appeals court revived the effort, the trial judge wrongly said Valve's arguments are barred by a prior challenge.

  • June 18, 2026

    Full Fed. Circ. Skips DePuy Bid To Redo Spine Patent Dispute

    The full Federal Circuit won't revisit a panel decision that gave new life to an inventor's suit accusing DePuy Synthes Cos. of infringing his spinal realignment method patents, letting stand the decision that faulted a lower court's handling of expert testimony in the case.

  • June 18, 2026

    Split 9th Circ. Says Feds Must Follow ESA In Water Project

    A federal regulator must comply with the Endangered Species Act as it operates a water management initiative in southern Oregon and northern California, the Ninth Circuit ruled, without adjudicating particular usage rights among irrigators, tribes and others.

  • June 18, 2026

    Tort Report: Meta Set To Face Facebook Sex Trafficking Trial

    An upcoming trial in Texas for a first-of-its-kind case against Meta and claims against a health clinic owned by a U.S. senator lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • June 18, 2026

    Feds Must Still Restore 'Truthful History' In Parks Amid Appeal

    The Trump administration cannot delay restoring information about climate change, slavery and Indigenous history to National Park Service sites by the nation's 250th anniversary while it pursues an appeal, a Massachusetts federal judge ruled on Thursday.

Expert Analysis

  • 3 Rulings Show How Creditors Make Civil RICO Claims Stick

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    An Arizona federal court's recent decision concerning UniCredit Bank Austria is one of few in which creditors' claims against debtors for Racketeer Influenced and Corrupt Organizations Act violations have survived motions to dismiss, and these claims' substantial benefits make the rulings worth analyzing for guidance, says Brian Asher at Asher Research.

  • 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.

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