Appellate

  • September 10, 2026

    Biosimilars Boast Big Savings But Face IP Risks, Report Says

    There are no biosimilar drugs in development for 90% of biologic products set to lose their patent exclusivity by 2034, according to a report released Thursday by the Association for Accessible Medicines, which warned that current patent policy threatens generic-drug development. 

  • September 10, 2026

    10th Circ. Backs 72-Year-Old's Firing Over Data Misuse

    The Tenth Circuit has sided with a Colorado city in an age discrimination lawsuit brought by a utility billing specialist who was fired after accessing a prospective tenant's private account information for personal use, finding she failed to show age bias drove her termination.

  • September 10, 2026

    11th Circ. Says Concealed Gun Alone Can't Justify Fla. Stop

    The Eleventh Circuit has vacated a felon's gun-possession conviction, saying police lacked reasonable suspicion to search him after noticing a gun protruding from his hoodie pocket because Florida law treats concealed carry as presumptively legal.

  • September 10, 2026

    11th Circ. Won't Reopen Ex-School Admin's Sex Bias Suit

    The Eleventh Circuit on Thursday upheld an Alabama school board's win over a former assistant principal's lawsuit alleging she was fired because she's a woman, concluding she couldn't overcome her former employer's explanation that she'd been found in a compromising position with a male colleague several times.

  • September 10, 2026

    9th Circ. Clears Boeing Of Liability In Police Helicopter Crash

    The Ninth Circuit affirmed a ruling Wednesday tossing product liability litigation over a 2022 Huntington Beach Police Department helicopter crash that killed an officer and injured another, finding the victims' claims against Boeing and other aircraft-makers are time-barred under the General Aviation Revitalization Act's 18-year statute of repose.

  • September 10, 2026

    Fla. Panel Orders New Trial In $604K PGA Resort Fall Suit

    A Florida appeals panel has ordered a new trial and vacated a $604,000 jury verdict in a woman's trip-and-fall suit against PGA National Resort and Spa, saying the trial court wrongly treated an out-of-date administrative rule as binding law.

  • September 10, 2026

    7th Circ. Won't Revive Mail Carrier's Race Bias Suit

    The Seventh Circuit declined to revive a U.S. Postal Service carrier's discrimination suit stemming from an altercation with his supervisor, who called police to escort him off the premises, ruling Thursday no reasonable jury could say the treatment, "however disrespectful or ill-advised," had anything to do with the carrier's race.

  • September 10, 2026

    Wash. High Court Takes Up Yakama Nation Fuel Tax Dispute

    The Washington State Supreme Court has granted a Yakama Nation fuel distributor's bid for direct review in a case challenging the state Department of Licensing's attempt to collect on a state fuel tax assessment.

  • September 10, 2026

    9th Circ. Seeks Calif. Justices' Input On USAA Rate Bias Row

    The Ninth Circuit on Thursday sought the California Supreme Court's input on a class action claiming that USAA discriminated against service members, certifying a question about whether the state insurance code prohibits insurers from charging lower-ranking military members who qualify as good drivers more than higher-ranking members who also qualify.

  • September 10, 2026

    5th Circ. Finds NC Worker Must Face Hurricane Ida Crash Suit

    The Fifth Circuit has revived claims from four people injured in a car crash with a utility worker in Louisiana following Hurricane Ida, finding that the North Carolina worker was not a "representative" of Louisiana or its municipalities, and thus not entitled to immunity under the state's natural disaster law.

  • September 10, 2026

    Colo. Judge Asked To Sanction Hospital In Gender Care Suit

    Transgender adolescent patients of Children's Hospital Colorado urged a state judge on Thursday to sanction the hospital for refusing to resume providing gender-affirming medical care for transgender youth patients, arguing that the hospital can't avoid its obligation to provide the care by blaming its providers.

  • September 10, 2026

    Patent Declaratory Judgment Actions Are Back In Vogue

    Companies facing threats of patent infringement lawsuits are increasingly embracing declaratory judgment actions, a trend attorneys attribute to two pro-patent-owner shifts: the low institution rate of Patent Trial and Appeal Board challenges and the growth of Amazon's internal patent dispute process.

  • September 10, 2026

    6th Circ. Shields Detroit Cops In Vacated-Conviction Suit

    The Sixth Circuit has ruled that qualified immunity applied to four Detroit police officers sued by a man who had spent 22 years in prison before his convictions for sexual assault and breaking and entering were thrown out, finding probable cause supported his prosecution even though dog-tracking evidence in the case was eventually discredited.

  • September 10, 2026

    9th Circ. Calls Foul On Judge's NCAA Five-Year Rule Injunction

    The NCAA's five-year eligibility limit may be a commercial rule subject to antitrust scrutiny, but a Nevada federal judge improperly blocked it to let a college baseball player keep playing with little evidence it constrained competition, the Ninth Circuit has said.

  • September 10, 2026

    DOJ Urges High Court To Revisit 9th Circ.'s Bar Of Nev. US Atty

    The Justice Department has asked the U.S. Supreme Court to revisit a recent Ninth Circuit ruling disqualifying the Trump administration's top federal prosecutor in Nevada, calling it a decision that imposes "ongoing confusion" in the executive branch.

  • September 10, 2026

    Blank Rome Atty Ouster Can't Be Appealed, Conn. Panel Rules

    The former executive director of a Connecticut public housing authority cannot challenge a judge's revocation of his Blank Rome LLP lawyer's case-specific appearance in a $16.2 million loan dispute, a state appeals court has ruled, finding a trial court decision sidelining the attorney was not a final judgment.

  • September 10, 2026

    6th Circ. Says Fatal Child Hold Excluded From Coverage

    Insurers do not have to indemnify a management services company for a child welfare agency in a lawsuit over the death of a 7-year-old who died after being restrained by workers, the Sixth Circuit said, finding the hold on the child, while improperly used, was considered an excluded professional service.

  • September 10, 2026

    1st Circ. Keeps USPS Ballot Mail Rule Blocked For Midterms

    The First Circuit on Thursday rejected a request from the U.S. Postal Service to lift a Massachusetts federal judge's order blocking new mail ballot requirements that the appellate court said would create "chaos and widespread disenfranchisement" just weeks before the November midterm elections.

  • September 10, 2026

    Indiana Justices Probe Timing Of Religious Abortion Suit

    Indiana justices sharply questioned both sides Thursday as they wrestled with whether the state's religious freedom law can be used to protect the abortion rights of Jewish women, repeatedly asking whether the case had developed enough to warrant a ruling.

  • September 10, 2026

    Mass. Panel Says Liquor Board Can Tailor Licensing Penalty

    A Massachusetts appellate court held Thursday that revoking a wholesale alcohol supplier's license for violating common ownership rules was not mandatory, finding that state law gives regulators leeway to impose a lesser punishment. 

  • September 10, 2026

    Mass. Judge Sanctioned Over Handling Of ICE At Courthouse

    Massachusetts' highest court on Thursday sanctioned a judge over her handling of a case involving a defendant wanted by immigration agents in 2018, an incident that led to federal charges that were dismissed after the judge agreed to a disciplinary process.

  • September 10, 2026

    US Asks 1st Circ. To Back $3.3M Tax Bill For 'Survivor' Winner

    A Rhode Island federal court correctly entered a $3.3 million tax judgment against the first "Survivor" winner, the government told the First Circuit, saying the former contestant failed to refute the tax assessments and had agreed to a U.S. Tax Court decision that determined his liability and penalties.

  • September 10, 2026

    5th Circ. Upholds NAR Exit From Membership Rules Case

    The Fifth Circuit found a Texas real estate broker failed to show enough evidence in a third amended complaint to bring antitrust claims challenging rules from the National Association of Realtors that mandate trade group membership to gain access to home listings.

  • September 10, 2026

    Mich. Panel Keeps 2 Detroit-Area Candidates Off The Ballot

    A Michigan appeals court has upheld an order removing two employees of a city outside Detroit from the ballot in the November election, rejecting the city's argument that a charter provision requiring municipal employees to resign before running for elected office violates the First Amendment. 

  • September 10, 2026

    FCC Ordered To Answer Petition In Discounted Ads Fight

    The Fourth Circuit has ordered the Federal Communications Commission to answer a petition from a group of Democratic candidates seeking to block an agency action that extended discounted television and radio advertising rates to committees that buy spots in coordination with political candidates.

Expert Analysis

  • How 'Settled Expectations' Affect Amazon's Patent Program

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    Whether the U.S. Supreme Court decides to weigh in on the U.S. Patent and Trademark Office's "settled expectations" framework could have significant consequences for how patent owners and accused sellers approach disputes in Amazon's patent evaluation process, says Barry Greenbaum at Olshan Frome.

  • Fla. Justices Give Trial Judges More Dismissal Discretion

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    The Florida Supreme Court's recent decision in Publix Supermarkets Inc. v. Goga confirmed that appellate courts should not apply a heightened standard when reviewing severe sanctions for fraud on the court, granting greater deference to trial courts, says Brent Hartman at RumbergerKirk.

  • Opinion

    2nd Circ. Tylenol Ruling Misapplies Daubert Gatekeeping

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    The Second Circuit's recent ruling in Rutledge v. Walgreen Co., holding that a lower court should not have excluded experts alleging links between prenatal acetaminophen use and autism, threatens to swallow the Daubert standard by limiting courts' consideration of scientific consensus in assessing reliability of expert testimony, say attorneys at Benesch.

  • Limiting Employer Risk If Calif. Case Upends Time Rounding

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    The California Supreme Court's holdings in recent years suggest that it may tighten the rules for — or even eliminate — time clock rounding when it decides Camp v. Home Depot, so employers should consider taking preemptive steps to guard against large potential liability, says Jacqueline Crispino at the Jhaveri-Weeks Firm.

  • AG Watch: Va. Auto Renewal Law Clears Enforcement Path

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    The most consequential aspect of recent amendments to Virginia's automatic renewal law is the enforcement authority it creates, giving the attorney general a clear statutory pathway to pursue cases involving subscription-related compliance failures under the Virginia Consumer Protection Act, says Chuck Slemp at Cozen O'Connor.

  • 4th Circ. Boeing Class Cert. Ruling May Have Limited Reach

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    While the Fourth Circuit's recent decision to reverse class certification against Boeing appears to potentially create a circuit split or heighten the standards for achieving class certification, that conclusion overlooks the decision's very specific circumstances, and its impact will likely be limited outside the circuit, say attorneys at Bleichmar Fonti.

  • Fed. Circ.'s Shaping Of Tech Patent Doctrine Resembles EPO's

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    The Federal Circuit's recent decision in Ceiva v. Amazon crystallizes an informal U.S. heuristic, "a technological solution to a technological problem," rewarding emphasis of a traceable chain from a problem to a solution — a lesson similar to the European Patent Office's "technical character" terminology, says Brandon Theiss at AddyHart.

  • Opinion

    After Monsanto, Defense Bar Must Build Case Against Lohr

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    The U.S. Supreme Court's recent decision in Monsanto v. Durnell has helped to demolish the foundation for its problematic 1996 ruling in Medtronic v. Lohr — so now defense counsel should lay the groundwork for the high court to overturn Lohr, say attorneys at Blank Rome.

  • Justices' FTC Ruling Weakens Qui Tam's Constitutional Base

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    The U.S. Supreme Court’s holding in Trump v. Slaughter, expanding presidential control over those exercising executive power, suggests that courts may be receptive to arguments challenging the constitutional foundations of the False Claims Act’s qui tam mechanism, says Daniel Passeser at Wiggin.

  • 9th Circ. Rule Block Unlikely To Deter FinCEN Cartel Focus

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    The Ninth Circuit recently blocked the Financial Crimes Enforcement Unit's border cash reporting rule, interpreting it as an impermissible use of an emergency anti-money laundering tool, but regulators are more likely to see the opinion as a road map for building a more defensible rule, say attorneys at Bradley Arant.

  • 5 Financial Statement Fraud Red Flags To Spot Post-Sripetch

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    The U.S. Supreme Court recently held in Sripetch v. U.S. Securities and Exchange Commission that disgorgement exists to strip a wrongdoer of unjust enrichment, not merely to compensate victims for what they lost, shifting the work at the center of securities fraud cases in five ways, says Rand Manasse at Green Lane Partners.

  • QVC Ch. 11 Confirmation Shows Independent Directors' Value

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    QVC's recently confirmed Chapter 11 plan joins a growing body of restructuring precedent demonstrating that well-functioning independent director frameworks can create the evidentiary and governance foundation necessary to resolve complex intercompany disputes, preserve value and secure judicial approval of contested transactions, say attorneys at Choate.

  • Series

    Being A Sommelier Makes Me A Better Lawyer

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    Being a sommelier has quietly shaped how I practice law by changing the way I think, communicate and connect with people, and offers a constant reminder that expertise is about making your knowledge useful and accessible to others, says Kara Du at Sheppard.

  • MF Doom IP Suit Highlights Hurdles For Trademark Claims

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    A recent lawsuit involving unauthorized merchandise bearing MF Doom's name and likeness is likely a preview of how infringement and counterfeit cases against online marketplaces will be defended going forward, shedding light on how intellectual property counsel can avoid dismissal of their claims, say Purdue Global Law School professor Scott Mortman and Southwestern Law School student Eden Burkow.

  • Calif. Drug Ruling Affirms Defect-Centric Liability Framework

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    The California Supreme Court's decision in Gilead Tenofovir Cases this week rejects a novel duty-to-innovate theory of negligence that could have reshaped product liability exposure well beyond the pharmaceutical industry, instead signaling that negligence claims premised on nondefective products are unlikely to succeed, say attorneys at Dechert.

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