Appellate

  • September 16, 2026

    EOFlow Says Fed. Circ. Right To Ax $59M Trade Secret Verdict

    EOFlow Co. Ltd. says the Federal Circuit shouldn't rethink a panel's decision allowing it to escape a $59.4 million trade secret judgment, saying insulin product developer Insulet Corp. is trying to dress up factual disputes as issues needing the full court's attention.

  • September 16, 2026

    6th Circ. Ruling Puts Cannabis Deals In Question

    The Sixth Circuit's decision reversing a $31.8 million jury judgment against cannabis giant Curaleaf on the grounds that marijuana is federally illegal is bound to have ramifications for industry players who seek redress in federal courts, attorneys told Law360.

  • September 16, 2026

    11th Circ. Asked To Overturn $184K ACA Employer Penalty

    A commercial laundry services company asked the Eleventh Circuit to reverse a Florida federal court's ruling that upheld a $184,000 payment to the IRS under the Affordable Care Act's employer shared responsibility provisions, saying it didn't receive notice of the penalty soon enough to lodge an effective appeal.

  • September 16, 2026

    US Backs Geo's Challenge To Washington Wage Law Ruling

    The Trump administration told the U.S. Supreme Court it backs The Geo Group Inc.'s challenge to a ruling that allowed Washington state to impose its minimum wage on a voluntary work program at the company's immigrant detention facility in Tacoma.

  • September 16, 2026

    Forum Clause Doesn't Sink Yacht Builder's Fla. Suit

    A Florida appellate court revived a lawsuit from a Taiwanese yacht builder alleging its insurer has refused to indemnify the manufacturer for repairs to a vessel damaged in a fire on its way to Florida, ruling Wednesday that the policy did not require the dispute to be tried in a Taiwan court.

  • September 16, 2026

    5th Circ. Says EPA Went Too Far With Chemical Ban

    The Fifth Circuit has sided with a group of chemical companies and vacated a U.S. Environmental Protection Agency rule that banned nearly all uses of methylene chloride, saying the agency went too far in evaluating the substance as a whole instead of its uses.

  • September 16, 2026

    Alaska Airlines Can Move To Appeal Sick Leave Suit Ruling

    A California federal court has allowed Alaska Airlines to immediately appeal a ruling that the state's sick leave protection law covers its flight attendants, pausing a proposed class action while the Ninth Circuit considers a question that could determine whether the case can proceed at all.

  • September 15, 2026

    Brothers Seek Justices' Clarity After Losing Stolen Skull Suit

    Two brothers who lost their bid to hold an Illinois county liable for a former coroner's secret skull-collecting practices asked the U.S. Supreme Court Monday to use their case as the vehicle for settling a deep circuit split they say a recent Seventh Circuit ruling "cemented."

  • September 15, 2026

    DC Circ. Vexed Over Migrant Kid Sponsor Approval Timeframe

    The D.C. Circuit tore into the Trump administration Tuesday morning after a government attorney refused to answer how long an Office of Refugee Resettlement approval of a sponsor for an "unaccompanied" child lasts, even when the court whittled the time down to a matter of hours.

  • September 15, 2026

    Conn. Justices Say Detective's 'Grooming' Definition Is Harmless

    The Connecticut Supreme Court on Tuesday held that a detective's explanation of the child sex abuse term "grooming" to jurors did not taint their verdict convicting a man of raping a young girl.

  • September 15, 2026

    Fed. Circ. Denies Injunction In Firearm Trigger IP Suit

    A Wyoming federal judge properly denied Rare Breed's attempt to enjoin a rival firearms company's sales while litigating a patent infringement and false advertising suit, the Federal Circuit said Tuesday.

  • September 15, 2026

    Ohio Court Allows 18-Year Gap In Rape Prosecution

    An Ohio appeals court has ruled that a nearly 18-year delay in bringing a rape charge against a man does not violate his right to a speedy trial, because the right only begins after a defendant has been formally accused of a crime.

  • September 15, 2026

    4th Circ. Probes Party Standing Over FERC Grid Planning Rule

    The Fourth Circuit on Tuesday appeared inclined to uphold the Federal Energy Regulatory Commission's broad grid planning overhaul amid a raft of challenges from certain states, transmission providers and consumer advocates, with standing issues taking center stage.

  • September 15, 2026

    Fla. Judge Won't Pause Trump-IRS Settlement Sanctions

    The Florida federal judge who barred President Donald Trump and others from citing a settlement resolving what she characterized as a sham $10 billion case against his own Internal Revenue Service won't pause her sanctions order while the president appeals to the Eleventh Circuit.

  • September 15, 2026

    Texas Court Tosses Suit Against Broker Over Colorado Wreck

    A Texas appeals court has dismissed claims against an Indiana freight broker accused of negligently hiring a trucking company whose driver allegedly caused a crash in Colorado, saying the incident was not sufficiently tied to the broker's Texas activities.

  • September 15, 2026

    DC Circ. Queries Feds On Immigrant Truck Driver Restrictions

    D.C. Circuit judges on Tuesday questioned whether the U.S. Department of Transportation reasonably justified the safety rationale for new restrictions on commercial driver's licenses for foreign truckers or whether it disproportionately relied on individuals' immigration status to promulgate an "exclusionary" rule.

  • September 15, 2026

    4th Circ. Unsure How To Weigh NC Ban On Ballot Selfies

    A Fourth Circuit judge on Tuesday said a voter and the North Carolina State Board of Elections are arguing a tale of two cases in a free speech fight over the Tar Heel state's ban on ballot selfies, saying neither side appears to be in agreement about what level of judicial review to use.

  • September 15, 2026

    FCC Seeks Input On Disputed Political Ad Rate Policy

    Federal Communications Commission staff on Tuesday sought comment on whether to set aside earlier guidance calling for the "lowest unit" rate for committee-backed political ads as the Fourth Circuit considers a Democratic bid to force the commission to review the policy.

  • September 15, 2026

    8th Circ. Revives Doctor's Suit Over COVID Speech Probes

    An Eighth Circuit panel on Tuesday revived a doctor's suit seeking an order limiting a Minnesota state medical board's ability to investigate him for his public statements related to the COVID-19 pandemic, finding a district court "set the bar too high" at the dismissal stage.

  • September 15, 2026

    Hotels, Amadeus Defend Info Exchange Win At 7th Circ.

    Luxury hotel chains and software provider Amadeus IT Group are telling the Seventh Circuit a lower court was right to toss a case accusing the hotels of exchanging sensitive information, saying the allegations are based entirely on the use of a lawful benchmarking service.

  • September 15, 2026

    Justices Told DHS Voter Citizenship Database 'Unprecedented'

    The U.S. Supreme Court should reject the Trump administration's bid to reinstate the U.S. Department of Homeland Security's upgraded citizenship verification database ahead of this year's election, a voting rights group told the court Tuesday, arguing that the administration unlawfully reinterpreted several statutes to claim that Congress authorized the changes.

  • September 15, 2026

    11th Circ. Upholds AIG's $1.8M Yacht Fire Coverage Loss

    An AIG unit cannot recoup $1.8 million from a dock builder and electrical subcontractor in connection with payments it made to a Florida policyholder whose yacht caught fire while plugged into a recently constructed dock, the Eleventh Circuit affirmed.

  • September 15, 2026

    South Sudan Central Bank Appeals $1B Award

    The Bank of South Sudan has asked the D.C. Circuit to review a federal judge's decision enforcing a more than $1 billion arbitral award arising from a defaulted $700 million loan from Qatar National Bank.

  • September 15, 2026

    Justices Urged To Skip 3rd Circ. Arbitration Question

    A German claims aggregator on Monday pressed the U.S. Supreme Court to decline to review a Third Circuit decision dismissing on jurisdictional grounds a bid by litigation funder Burford Capital to arbitrate a dispute relating to German antitrust litigation.

  • September 15, 2026

    NYC Asks 2nd Circ. To Greenlight Uber, Lyft Deactivation Law

    New York City has urged the Second Circuit to lift an injunction blocking a municipal ordinance prohibiting Uber and Lyft from "deactivating" drivers without formal notice and investigation, arguing that the lower court wrongly found that the companies would likely win their contract claims.

Expert Analysis

  • Sripetch May Prove To Be An Empty Victory For The SEC

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    The U.S. Supreme Court's recent decision in Sripetch v. U.S. Securities and Exchange Commission held that the SEC need not prove pecuniary harm for disgorgement, but if the commission must still identify victims and distribute funds in a compensatory way, it faces the same economic problem as before the ruling, says Erin Smith at Compass Lexecon.

  • 9th Circ. Cooler Ruling Chills 1st Mover Lanham Act Claims

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    The Ninth Circuit's recent decision in Vericool World v. Igloo Products that Vericool's claim of being first-to-market with an ecocooler was not actionable under the Lanham Act largely foreclosed false advertising litigation over first mover status, so potential plaintiffs should instead look to patent counseling or intellectual property strategy for these claims, say attorneys at Manatt.

  • Mapping 5 Fronts Of The Prediction Markets Regulatory Battle

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    The legal framework governing prediction markets is under simultaneous challenge in five independent areas, and the outcomes will determine not just who can operate prediction markets, but the compliance obligations of every participant in the ecosystem, says Ivor Wolk at Manatt.

  • Patent Ruling Highlights Risks Of Late Inventorship Fixes

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    The Federal Circuit's recent decision in Implicit v. Sonos demonstrates the risk of forfeiture with retroactive correction of inventorship in inter partes review proceedings, with a clear message to the patent community that potential inventorship issues should be considered at every stage of a patent's life cycle, say attorneys at BCLP.

  • Adjusting IPR Tactics As Google Fights 'Settled Expectations'

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    Google’s petition for the U.S. Supreme Court to scrutinize the Patent Trial and Appeal Board's so-called settled expectations practice underscores why accused infringers facing older asserted patents should treat discretionary denial as a case-dispositive risk from day one, says attorney Abdul Abdullahi.

  • 3 Misconceptions About Justices' FCC Fines Ruling

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    The U.S. Supreme Court's June 4 Federal Communications Commission v. AT&T decision rejecting AT&T’s and Verizon’s argument that the commission's forfeiture process violates the Seventh Amendment has yielded three common reactions that misunderstand the decision as a matter of law and how the FCC actually operates, says Samuel Feder at Jenner & Block.

  • SEC Disgorged Fund Distribution Is Next Query After Sripetch

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    Following the Supreme Court's Sripetch v. U.S. Securities and Exchange Commission decision, investor harm isn't required for the SEC to obtain a disgorgement award, but future cases must resolve whether the commission will be freed from a requirement to distribute disgorged funds to the victims of alleged misconduct, says Daniel Walfish at Katsky Korins.

  • If Upheld, Wash. Millionaire Tax Could Upend State Law

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    The Washington Supreme Court could open the door to broader income, rental and corporate taxes if it defies precedent and the historically established desires of voters by redefining the state constitution's concepts of “income” and “property” to uphold a new tax on wages over $1 million, says Richard Birmingham at Davis Wright.

  • Trump Admin's Agency Records Purge Tests Judicial Notice

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    While courts commonly take judicial notice of data in government websites and reports, the Trump administration's recent modification or wholesale deletion of these sources means that litigants must look elsewhere to support trial admission of this information, says Jon Gryskiewicz at Lewis Baach.

  • 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.

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