Appellate

  • September 25, 2026

    Unions Urge 2nd Circ. To Back Reviving Uber, Lyft Driver Law

    A group of unions and workers' rights advocates has asked the Second Circuit to lift the block on a municipal ordinance banning Uber and Lyft from kicking drivers out of the app without a formal notice or an investigation, claiming the district court was wrong to stop the law.

  • September 25, 2026

    Supreme Court Revives DHS Voter Citizenship Database

    The Trump administration can reinstate the U.S. Department of Homeland Security's upgraded citizenship verification database ahead of this year's midterm elections, the U.S. Supreme Court ruled Friday.

  • September 25, 2026

    DC Circ. Denies Anthropic's Security Risk Suit Against DOD

    A divided D.C. Circuit panel ruled Friday the Pentagon was justified in citing national security concerns to exclude Anthropic's suite of Claude artificial intelligence models from its supply chain.

  • September 24, 2026

    Jurisdictional Skepticism Puts Eli Lilly Appeal On Thin Ice

    Eli Lilly & Co.'s bid to unwind the U.S. Food and Drug Administration's refusal to classify a developing obesity treatment as a biological product appears to suffer from jurisdictional issues that might sink the company's appeal before its resolved, a Seventh Circuit judge signaled Thursday.

  • September 24, 2026

    Split Texas Court Finds Counsel Failures In Fatal Crash Case

    The Texas Court of Criminal Appeals on Thursday vacated the felony murder conviction of a man involved in a deadly police-pursuit crash, saying in a split habeas opinion that his trial counsel was ineffective.

  • September 24, 2026

    Tata Ordered To Pay $15M In Fees In Trade Secret Case

    A Texas federal judge has ordered Tata Consultancy Services Ltd. to pay $15.3 million in attorney fees to Computer Sciences Corp., saying that amount accounts for a reasonable rate and that Tata should be "thankful" the court wasn't ordering it to pay for fees incurred from document review.

  • September 24, 2026

    Ill. Justices Say Uber Can't Arbitrate Wrongful Death Suit

    The Illinois Supreme Court ruled Thursday that Uber can't compel arbitration of wrongful death claims arising from a fatal crash, finding that a widow's separate user agreement with the company did not apply to the estate's wrongful death claims.

  • September 24, 2026

    Full 9th Circ. Asked To Revisit $2B Devas Arbitral Award

    An Indian state-owned aerospace company has urged the full Ninth Circuit to review a three-judge panel's unanimous decision to enforce a $2 billion arbitral award issued to a Bangalore-based satellite communications company, saying the decision raises important questions about the constitutional limits on jurisdiction of foreign disputes with no connection to the U.S.

  • September 24, 2026

    Trump Admin Asks Justices To Allow 3rd-Country Removals

    The Trump administration Thursday urged the U.S. Supreme Court to let it continue deporting migrants to countries other than their native country, saying a district court's order that found the government's policy on third-country removals unlawful is "fundamentally flawed."

  • September 24, 2026

    Ill. Justices Mull Closed Arb. For Chicago Police Misconduct

    Illinois Supreme Court justices wrestled Thursday with whether the city of Chicago's history of publicly adjudicating allegations of the most serious police misconduct can establish a statewide public policy requiring open proceedings, while questioning a city police union on why transparency and promoting trust in law enforcement don't justify public attendance.

  • September 24, 2026

    Ga. Appeals Court Gives Woman 2nd Shot In Carport Fight

    The Georgia Court of Appeals said Thursday a trial court should not have dismissed a woman's petition seeking review of an Atlanta Urban Design Commission decision for lack of standing, giving the woman another shot at stopping a neighbor from building a carport.

  • September 24, 2026

    Fla. Judge Seeks Journo Docs In Death Penalty Ethics Case

    A Florida appellate judge on Thursday urged a state disciplinary commission chairman to overrule an investigative panel's objections to providing communications between lawyers and newspaper reporters in connection to allegations that she attempted to influence a lower court proceeding, saying the records are needed to fight her case. 

  • September 24, 2026

    Plaintiffs Bar Says $243M Tesla Verdict Doesn't Hurt Innovation

    An association of plaintiffs attorneys is urging the Eleventh Circuit to reject Tesla Inc.'s appeal of a $243 million verdict against it in a fatal crash suit, saying products liability law and punitive damages don't hinder or put a "tax" on innovation, but rather encourage it by creating an incentive to create better, safer products.

  • September 24, 2026

    DC Circ. Questions Panhandle's Claim To Excess Tax Funds

    A D.C. Circuit judge questioned whether Panhandle Eastern Pipe Line should be allowed to pocket excess sums collected under its income tax allowance from prior years that were placed in a separate account for accumulated deferred income taxes.

  • September 24, 2026

    Immigrant Detainees Face 5th Circ. Doubts On Bond Hearings

    The full Fifth Circuit peppered detained unauthorized immigrants with questions about the constitutionality of bond hearings for pending immigration proceedings, with several judges suggesting Thursday they didn't think immigrants who "evade detention" should get to walk free in the country.

  • September 24, 2026

    NJ Says Report Can't Show Benefits Theft Case Was Targeted

    New Jersey told a state appeals court Thursday that it shouldn't have to collect more than a decade of internal investigative findings in its prosecution of two elected officials for allegedly unlawfully obtaining state health benefits, arguing that the defendants failed to meet the required threshold to warrant selective prosecution discovery.

  • September 24, 2026

    Ga. Appeals Court Backs State Ports Authority In Injury Suit

    The Georgia Court of Appeals on Thursday upheld a trial court's order granting judgment to the Georgia Ports Authority in a personal injury lawsuit from a longshoreman struck by a falling object from a crane, saying he abandoned his claims by not including credible evidence or logical reasoning in his appeal brief.

  • September 24, 2026

    Colo. Appeals Court Revives Town's Concert Easement Bid

    The Colorado Court of Appeals reversed the dismissal of a mountain town's case seeking condemnation of an easement over a concert series after finding the lower court incorrectly applied the condemnation statute and didn't allow for an ample record to be made before ruling.

  • September 24, 2026

    9th Circ. Backs Dual Deals Over Inaccessible LA Housing

    The Ninth Circuit found a whistleblower is not entitled to a portion of a $200 million settlement Los Angeles reached with federal officials to correct years of noncompliance with accessibility requirements in public housing after the plaintiff struck a separate deal in a fraud complaint over the city's conduct. 

  • September 24, 2026

    Kellogg Seeks High Court Review Of 6th Circ. Pension Ruling

    The U.S. Supreme Court should resolve a circuit split on whether actuaries must use up-to-date life expectancies when converting pension benefits from one form to another, Kellogg argued, asking the justices to scrap the Sixth Circuit's answer to the Employee Retirement Income Security Act query.

  • September 24, 2026

    3rd Circ. Eyes 'Compromise' Instruction In Equal Pay Case

    A Third Circuit panel on Thursday appeared to take issue with a district judge's suggestion that a jury "compromise" in reaching a verdict in favor of female teachers who alleged Central Bucks School District paid them less than a male colleague.

  • September 24, 2026

    5 Circuit Splits To Watch At The High Court

    The U.S. Supreme Court has been deciding fewer and fewer cases over the past three decades, with its caseload reaching a historic low just last term. While attorneys believe several factors have contributed to that trend, they say one of the most consequential is the court's apparent declining interest in resolving circuit splits. 

  • September 24, 2026

    Squires Undoes 2024 PTAB Invalidation Of EagleView Patent

    U.S. Patent and Trademark Office Director John Squires has thrown out a two-year-old Patent Trial and Appeal Board decision that found claims in an EagleView Technologies patent on measuring roofs to be invalid.

  • September 24, 2026

    1st Circ. Rejects Puerto Rico Bondholders' $8.5B Claim

    The First Circuit has upheld a ruling barring Puerto Rico electric utility bondholders from asserting an $8.5 billion claim against the island's government under its own restructuring plan.

  • September 24, 2026

    Thriving Rivals Disprove Hillrom Antitrust Suit, 3rd Circ. Told

    Hill-Rom Holdings Inc. told the Third Circuit on Thursday a Pennsylvania hospital had no evidence the equipment supplier illegally sidelined competitors from the hospital bed market, noting its deals tying discounts to exclusivity hadn't put multiple rivals out of business.

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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