Appellate

  • September 17, 2026

    Michigan Court Pilot Aims To Aid Unrepresented Litigants

    The Michigan Supreme Court announced Wednesday that it is launching a pilot project, based on recent reforms in Utah and Arizona, that will allow trained nonlawyers to provide in-court support to people who cannot afford a lawyer in civil cases.

  • September 17, 2026

    2nd Circ. Upholds Removal Order Over Baseless Visa Filings

    A Second Circuit panel Thursday said immigration courts correctly determined a Philippine national granted lawful permanent resident status could be removed after a conviction for conspiring with others to submit false or misleading documents for H-1B visa applications.

  • September 17, 2026

    Ohio Panel Says Police Car Not 'Public Place' Under ID Law

    A split Ohio state appeals court has ruled the back of a police cruiser does not qualify as a "public place" under state law, reversing a man's conviction for refusing to identify himself after he was placed in the back of a patrol car.

  • September 17, 2026

    Industry Groups, IP Attys Back High Court PTAB Denials Case

    The bar association for the Patent Trial and Appeal Board, a group of intellectual property law attorneys and others have urged the U.S. Supreme Court to scrutinize the discretionary denial policies of current U.S. Patent and Trademark Office leadership.

  • September 17, 2026

    GE Vernova, Vineyard Wind Drop Dispute Over Payment

    Vineyard Wind I LLC and a GE Vernova subsidiary have dropped their legal dispute over a $300,000 bill for work on turbines off the Massachusetts coast, according to Wednesday court filings.

  • September 17, 2026

    Fed. Circ. Approves $3.2M In Atty Fees In Diamond IP Case

    The Federal Circuit on Thursday affirmed a $3.2 million award of attorney fees to Fenix Diamonds LLC from the Carnegie Institution of Washington and its bankrupt former patent licensee M7D Corp., agreeing with a district judge that the asserted patent infringement claims were objectively baseless.

  • September 17, 2026

    'Bad Middle School Art' Tests Penn State's Counterfeit Bid

    A Third Circuit panel appeared reluctant Thursday to treat all of Vintage Brand's retro Penn State merchandise as counterfeit, even as the judges expressed skepticism about the print-on-demand retailer's broader bid to overturn a jury verdict finding that its unlicensed use of university marks infringed Penn State's trademarks.

  • September 17, 2026

    Firm Partners Can't Get Employment Tax Break, 2nd Circ. Says

    The Second Circuit held Thursday that $141.5 million in partnership income distributed to an investment company's principals was subject to self-employment taxes, following the Fifth Circuit's narrow interpretation for determining eligibility for a self-employment tax exemption for limited partners.

  • September 17, 2026

    Family Tells 11th Circ. Tesla Can't Undo $243M Crash Verdict

    The estate of a woman killed in a crash and her boyfriend are urging the Eleventh Circuit not to throw out a $243 million verdict against Tesla Inc., saying the jury heard enough evidence to conclude that the Tesla driver who hit them was misled about the safety of the vehicle's "Autopilot" feature and that defects in the vehicle led to the crash.

  • September 17, 2026

    7th Circ. Backs Concrete Co. In $23M Pension Exit Fight

    The Seventh Circuit turned down a multiemployer pension fund's bid to reinstate a $23 million withdrawal liability bill against a concrete company, splitting Thursday with two other appellate courts on interpreting how an employer's prior partial withdrawal applies to a future complete exit.

  • September 17, 2026

    Full Fed. Circ. Won't Rethink Pfizer's Paxlovid IP Win

    The full Federal Circuit on Thursday won't disturb a panel's refusal to revive a patent that Enanta Pharmaceuticals had accused Pfizer of infringing through its blockbuster Paxlovid COVID-19 treatment.

  • September 17, 2026

    Sonic Wins Appeal Bid To Arbitrate Suit Over Worker's Death

    The mother of a Sonic employee who was fatally shot in 2023 must arbitrate her wrongful death suit against the restaurant, Texas appellate justices said Thursday, finding that she didn't meet her burden showing Sonic substantially invoked the court process in a way that conflicted with its right to compel arbitration. 

  • September 17, 2026

    Fed. Circ. Tosses Protest Over Navy Contract Exception

    The Federal Circuit upheld the dismissal of a protest regarding an exception the U.S. Navy created and later removed under a solicitation seeking up to $10 billion in engineering and program management services, finding much of the protest moot.

  • September 17, 2026

    Fed. Circ. Reverses Denial Of Catheter Patent Claim

    The Federal Circuit on Thursday threw out a Patent Trial and Appeal Board decision that refused to give patent protection to the first claim in an Incept LLC medical catheter patent, saying the board needs to take another look.

  • September 17, 2026

    Minn. Homeowner Asks Justices To Undo Costs Order

    A self-represented Minnesota homeowner's effort to throw out tax court order recovering a county's litigation costs in a property valuation dispute will go before the state Supreme Court, according to a writ of certiorari filed Thursday.

  • September 17, 2026

    1st Circ. Lets HUD Shift $1.3B In Homelessness Aid

    A First Circuit panel said the U.S. Department of Housing and Urban Development may redirect $1.3 billion in homelessness funding from programs that focus on permanent housing to those supporting temporary shelter and assistance, finding the Trump administration likely was not required to go through a notice-and-comment procedure.

  • September 17, 2026

    For Single-Party FTC, Easier Suits May Come With A Cost

    The Federal Trade Commission has ditched its historical multimember, multiparty ethos for a one-party regime in which fewer dissents might make it easier for Chairman Andrew Ferguson to pursue his agenda, but it also forecloses the potential "moderating influence" that comes with winning broad buy-in from commissioners of two parties.

  • September 16, 2026

    Detroit Must Face Negligence Claim Over Ambulance Crash

    Detroit must face claims that an ambulance driver negligently killed a patient he was transporting by running a red light at high speeds without emergency lights on and causing a crash that made it roll over, a Michigan state appeals court has ruled, saying a jury needs to hear the evidence.

  • September 16, 2026

    Texas Supreme Court Weighs Bankruptcy Exemption For LLC

    Texas Supreme Court justices pushed a man who declared bankruptcy to spell out why his share in a limited liability company should get exempt status, asking Wednesday if any states have ruled that interest in an LLC is exempt property during bankruptcy.

  • September 16, 2026

    3rd Circ. Says Most Strip Searches Require Warrants

    A Third Circuit panel on Wednesday ruled that police cannot conduct warrantless strip searches outside of jails or prisons absent consent or an emergency, but found that Pennsylvania officers who unconstitutionally searched a man enjoy qualified immunity from his civil rights claims because the limitation was not clearly established at the time.

  • September 16, 2026

    Texas Justices Press Mall Owner On Mass Shooting Liability

    The Texas Supreme Court justices wanted the owner of an outlet mall in Allen, Texas, that saw a devastating mass shooting to explain why a case brought by the victims should be tossed, saying Wednesday that dismissal might remove incentives for businesses to protect customers.

  • September 16, 2026

    11th Circ. Leaves Softball Coach's Sex Bias Win Intact

    The Eleventh Circuit on Wednesday upheld a $300,000 verdict for a women's softball coach who said Alabama State University suspended her due to sex discrimination, unpersuaded by the school's argument that the suspension wasn't an adequate basis for a bias claim.

  • September 16, 2026

    10th Circ. Won't Revive Doctor's Age, Sex Bias Suit

    The Tenth Circuit has backed a Utah medical clinic and hospital's win in an emergency trauma physician's lawsuit claiming she was fired because of her age and sex, ruling that the physician failed to show the clinic's reason for terminating her was pretextual.

  • September 16, 2026

    Split Conn. High Court Won't Shield Yale Accuser's Name

    In a 4-3 opinion Wednesday, the Connecticut Supreme Court said a trial judge correctly dismissed a sexual assault accuser's emergency 2024 request to remove her name from transcripts in the long-closed criminal prosecution of former Yale student Saifullah Khan, ruling the trial court lost jurisdiction after a jury's 2018 acquittal.

  • September 16, 2026

    9th Circ. Greenlights Blocking Kalshi Contracts On Tribal Land

    The Ninth Circuit on Wednesday reversed an order denying California tribes' request for a preliminary injunction seeking to block Kalshi and Robinhood from offering sports-event contracts on tribal lands, finding the tribes will likely win their Indian Gaming Regulatory Act claims, and "this is the 'stuff' of sports betting."

Expert Analysis

  • Series

    Cow Horse Makes Me A Better Lawyer

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    Moving an unwilling 800-pound cow while riding a horse at high speed is exhilarating, a little unhinged and, at least for me, a surprisingly effective training ground for litigation — both demand focus, preparation over rigid planning and the willingness to act despite fear, says Ashley Zitrin at Glenn Agre.

  • Fla. Driver Ruling Shows Renewed Focus On Privacy Standing

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    A Florida federal court's recent dismissal of a class action alleging that private driving records had been improperly used in violation of the Driver's Privacy Protection Act suggests that companies defending against privacy class actions in Florida may reconsider Article III challenges at the dismissal stage, say attorneys at Sidley.

  • Vax Ruling Offers Employer Tips For Handling Political Speech

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    A California appeals court's recent decision in Rademacher v. ABC, rejecting a "General Hospital" actor's suit alleging he was terminated for opposing a vaccine policy, demonstrates the importance of the employer's process, including neutral policies, documentation, and evidence of who knew what and when, say attorneys at Krevolin Horst.

  • O Brother, Where Art DAO? Jurisdiction Issues Abound

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    While there is a dearth of decisions examining a decentralized autonomous organization's citizenship for diversity jurisdiction purposes, Second Circuit case law has defined citizenship for other unincorporated entities, which may guide how courts evaluate an increasing number of cases involving DAOs, says Michael Mix at Morrison Cohen.

  • Protecting AI-Driven Innovation In Life Sciences IP

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    Recent developments, including the U.S. Patent and Trademark Office's evolving inventorship standards, and the impact of artificial intelligence on the "person of ordinary skill in the art" standard demand that life sciences companies elevate AI patent strategy to a top priority, says Sandra Haberny at Quinn Emanuel.

  • 2nd Circ. Ruling Notably Limits Sentencing Courts' Discretion

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    The Second Circuit’s recent decision in U.S. v. Dralle clarifies the bounds of sentencing courts’ ability to consider uncharged or co-defendant conduct without tying it to statutory sentencing factors, and it may have broader implications for limiting loss attribution in white collar and other criminal cases, say attorneys at Lowenstein Sandler.

  • High Court's Hikma Decision Reshapes 'Skinny Label' Suits

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    The U.S. Supreme Court's decision in Hikma v. Amarin marks a significant victory for generic drug manufacturers, but rather than putting an end to so-called skinny label inducement claims, it narrows and refocuses them, say attorneys at Sterne Kessler.

  • Opinion

    At High Court, Oil Cos.' Suncor Preemption Claims Fall Short

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    In Suncor Energy v. Boulder County, pending before the U.S. Supreme Court, oil and gas companies argue that municipalities' climate deception claims are equivalent to emissions standards for their industry — but the suit is ultimately incapable of imposing such standards, say Thomas McGarity at the University of Texas School of Law and James Goodwin at the Center for Progressive Reform.

  • 3 Disgorgement Questions Linger After Justices' SEC Ruling

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    While the U.S. Supreme Court’s recent decision in Sripetch v. U.S. Securities and Exchange Commission avoided placing new limits on the SEC’s disgorgement powers, it passed over several questions, including whether the commission can seek disgorgement when returning the money to investors isn't possible, says David Slovick at Kopecky Schumacher.

  • Checking For AI Errors Is Now A Two-Way Street

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    A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

  • Opinion

    Federal Circuit Should Implement Mini En Banc Process

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    To fulfill its mission of uniformity in patent law while avoiding the challenges of en banc hearings, the Federal Circuit should institute mini en bancs — allowing regular three-judge panels to exercise en banc powers unless a majority of the court says otherwise, says Joshua Sohn at the U.S. Department of Justice.

  • What's Next After Justices' Last-Mile Driver Arbitration Ruling

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    The U.S. Supreme Court's recent decision in Flowers Foods v. Brock, refusing to narrow the scope of a Federal Arbitration Act exemption for workers engaged in interstate commerce, gives previously unprotected workers access to litigation, but preserves two potentially powerful arguments for future proceedings, say attorneys at Husch Blackwell.

  • Series

    The Biz Court Digest: Shoring Up Corporate Law In Maryland

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    Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

  • How End Of SEC 'Gag Rule' Affects Free Speech Certiorari Bid

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    The Securities and Exchange Commission's recent rescission of the so-called gag rule, which forbade defendants in settlements from denying the SEC’s allegations, may sway the outcome of a petition to the Supreme Court in a case challenging the rule on First Amendment grounds, say attorneys at Troutman.

  • 2nd Circ.'s Embedded Video Ruling May Protect Publishers

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    The Second Circuit's recent decision in Richardson v. Townsquare, dismissing an infringement claim arising from an embedding of a YouTube-hosted interview, reaffirms a potent defense for publishers who regularly use social media platforms' embed functionality, says Amanda Harris at Jassy Vick.

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