Appellate

  • October 05, 2026

    Justices Seek Solicitor General's Views On Tribal River Claims

    The U.S. Supreme Court on Monday sought the solicitor general's views on whether Washington tribes can pursue damages against a Canadian mining company for alleged pollution to the Columbia River.

  • October 05, 2026

    Justices Won't Wade Into Netflix ERISA Document Fight

    The U.S. Supreme Court refused Monday to take up a Netflix employee health plan participant's challenge to a Ninth Circuit ruling that said contracts between Netflix and its health plan administrators weren't subject to disclosure under federal benefits law.

  • October 05, 2026

    High Court Won't Hear Tribe's $208M Breach Of Trust Dispute

    The U.S. Supreme Court declined Monday to hear a Nevada tribe's bid to revive $208 million in breach of trust claims against the federal government, leaving intact a Federal Circuit ruling the tribe said will reduce their homelands to "useless sand without water."

  • October 05, 2026

    Justices Pass on Challenge to New York Diet Pill Law

    The U.S. Supreme Court won't take up a First Amendment challenge to a New York prohibition on the sale of weight-loss and muscle-building supplements to minors.

  • October 05, 2026

    High Court Won't Hear Madoff Feeder Funds' Clawback Appeal

    The U.S. Supreme Court on Monday denied certiorari to a group of feeder funds that invested in the Ponzi scheme of Bernard L. Madoff, which sought to challenge a Second Circuit ruling that found their $6 billion in clawback claims were barred by a securities safe harbor of the bankruptcy code.

  • October 05, 2026

    Cop Fired After Posting Rap Videos Can't Get High Court's Ear

    The U.S. Supreme Court refused Monday to review a Black police officer's lawsuit claiming he was unlawfully fired after posting homemade rap videos online, declining his invitation to revisit a landmark 1973 ruling on evidentiary standards in bias cases.

  • October 05, 2026

    Justices Won't Hear Minn. Indian Child Welfare Act Case

    The U.S. Supreme Court declined Monday to hear two foster parents' challenge to the Indian Child Welfare Act after the Minnesota Supreme Court determined they don't have standing to take on the bedrock law on claims of constitutional equal protection rights.

  • October 05, 2026

    Supreme Court Won't Take Up DOD Workers' Vax Bias Suit

    The U.S. Supreme Court refused Monday to review a suit alleging the U.S. Department of Defense unlawfully refused religious requests for exemptions from COVID-19 prevention protocols, leaving in place a Fifth Circuit ruling that workers hadn't tied their beliefs to masking and testing policies.

  • October 05, 2026

    High Court Won't Review United Challenge To Vax Bias Class

    The U.S. Supreme Court declined Monday to review class certification in a religious bias lawsuit over United Airlines' COVID-19 vaccine mandate, leaving in place a Fifth Circuit ruling that found no issue with the trial court's decision.

  • October 05, 2026

    High Court Skips 'Let's Go Brandon' Sweatshirt Case

    The U.S. Supreme Court on Monday declined to review a student speech case in which Michigan school officials required two brothers to remove their "Let's Go Brandon" sweatshirts during the school day.

  • October 05, 2026

    Justices Skip 2 Patent Cases, 1 Trade Secret Dispute

    The U.S. Supreme Court on Monday rejected a trio of petitions concerning patent and trade secret litigation, declining to review questions about damages apportionment and patent eligibility.

  • October 05, 2026

    Justices Vacate 9th Circ. Ruling On Noem's TPS Authority

    The U.S. Supreme Court on Monday granted the Trump administration's request to wipe out a Ninth Circuit decision that found former Homeland Security Secretary Kristi Noem lacked the authority to vacate a temporary protected status extension for Venezuela.

  • October 05, 2026

    Justices Won't Review Pa. Judge's Removal For Political Posts

    The U.S. Supreme Court won't consider Pennsylvania's suspension of a former Philadelphia County Court of Common Pleas judge over his partisan Facebook posts, the justices announced Monday.

  • October 05, 2026

    Justices Deny Zillow's Bid To Revisit Goldman Ruling

    The U.S. Supreme Court on Monday declined Zillow's invitation to revisit a 5-year-old ruling on class certification, allowing Zillow investors to proceed as a class on claims that they were duped about the company's now-shuttered home-buying business.

  • October 05, 2026

    Justices Reject Deportation Risk Advice Case

    The U.S. Supreme Court said Monday it won't examine the issue of whether defense counsel is obligated to inform noncitizen clients in criminal proceedings about the risk of deportation present in all related legal matters, including civil cases. 

  • October 05, 2026

    Supreme Court Won't Hear Venezuela Rig Seizure Case

    The U.S. Supreme Court on Monday declined to review a D.C. Circuit opinion ordering Venezuela's state-owned oil company to face long-pending allegations of unlawfully seizing an Oklahoma-based oil drilling company's rigs.

  • October 05, 2026

    Justices Won't Disturb BP, Chevron Win In Well Cleanup Fight

    The U.S. Supreme Court on Monday declined to disturb a ruling dismissing a surety company's lawsuit claiming BP and Chevron needed to pony up $11 million to pay for offshore decommissioning costs.

  • October 05, 2026

    Justices Skip EIDP Retiree's Annuity Reduction Challenge

    The U.S. Supreme Court on Monday declined to take up a pensioner's appeal challenging agricultural chemical giant EIDP Inc. and its retirement plan administrator's decision to reduce his monthly benefits.

  • October 05, 2026

    Justices Reject Teacher's Bid To Review Rehab Act's Scope 

    The U.S. Supreme Court on Monday rejected an Arkansas substitute schoolteacher's call to review whether a federal law barring disability discrimination in federally funded programs permits workplace bias lawsuits by independent contractors.

  • October 05, 2026

    Justices Won't Review If NJ Wage Laws Exclude Immigrants

    The U.S. Supreme Court declined on Monday to review a New Jersey high court ruling that allows unauthorized immigrant workers to pursue claims under the state's wage-and-hour laws.

  • October 05, 2026

    ​​​​​​​High Court Won't Revisit Groff Religious Accommodation Test

    The U.S. Supreme Court on Monday declined an invitation by a group of Washington firefighters to clarify whether the court's landmark 2023 decision in Groff v. DeJoy requires employers accused of illegally denying religious accommodations to show that the workplace adjustments present an actual hardship.

  • October 03, 2026

    Up First At High Court: Climate Torts & Munitions Disposal

    The U.S. Supreme Court will begin its new term on Monday, when the justices consider whether state courts have the authority to hear climate change lawsuits that seek to hold fossil fuel companies liable for local damages caused by greenhouse-gas emissions and whether federal courts can hear constitutional challenges to veterans benefits laws.

  • October 03, 2026

    Justice Alito Says He's Weighing The Best Time To Retire

    U.S. Supreme Court Justice Samuel Alito has confirmed that he considered retiring at the end of the high court's latest term, and that he will continue to weigh that decision "every term." 

  • October 02, 2026

    Pa. High Court Won't Order New Rape Trial Over DA Comment

    A divided Pennsylvania Supreme Court won't order a new rape trial for a man even though a prosecutor improperly implied the man's retaining an attorney was an indicator of guilt, finding the evidence in his case is so overwhelming that it outweighed the prosecutor's error. 

  • October 02, 2026

    Teva Ruling Creates Medicare Drug 'Chaos,' Full DC Circ. Told

    The federal government asked the full D.C. Circuit on Friday to reconsider a panel ruling allowing Teva to challenge Medicare's rules for deciding which drugs qualify for price negotiations, arguing the decision invites litigation that could create drug-pricing "chaos" and cause drug prices to quickly leap by more than 550%.

Expert Analysis

  • Series

    Playing Bid Whist Makes Me A Better Lawyer

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    As a child, I viewed bid whist as a family tradition and a source of friendly card game competition, but as a lawyer, I see it as a tool that has helped me cultivate skills like communication, teamwork, risk assessment and composure, says Keyonn Pope at Riley Safer.

  • Teva, Wyeth Show How Claimed Advances Shape Enablement

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    Two recent Federal Circuit decisions involving method-of-treatment claims — Teva v. Eli Lilly and Wyeth v. AstraZeneca — reached opposite enablement outcomes from strikingly similar procedural postures, but a closer comparison of the cases reveals a three-step framework for understanding the court's reasoning, says Kendall Gurule at Polsinelli.

  • Opinion

    Calif. Bill Goes Too Far In Trying To Regulate Attorney AI Use

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    California’s first-in-the-nation act regulating how attorneys and arbitrators use generative artificial intelligence will likely soon become law, but read broadly, the provisions may dissuade lawyers from employing AI at all, thereby depriving them of key work tools, says Joshua Wurtzel at Schlam Stone.

  • Wis. Coverage Ruling Rejects Strict Ensuing Loss Test

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    In Cincinnati Insurance v. Ropicky, the Wisconsin Supreme Court recently examined the relationship between an insurance policy's construction defect exclusion and ensuing loss exception, providing policyholders support in claiming that an additional cause may produce covered damage despite an excluded condition being part of the loss sequence, says Alexander Hopkins at SDV Fenchurch.

  • The Preemption Gap In Prediction Market High Court Petitions

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    The Supreme Court is considering three certiorari petitions following a split in prediction market litigation between the Third and Ninth circuits, but one of the petitions would not allow the court to reach the express preemption question, which would leave the dispute half-resolved, says Jordan Garman at Withers.

  • 5th Circ. Embedding Decision Could Recast Copyright Claims

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    The Fifth Circuit's decision in Emmerich v. Particle Media addresses decades of ambiguity surrounding whether embedded content can constitute copyright infringement, potentially affecting how defense counsel fight against such claims, say attorneys at Greenberg Glusker.

  • A Texas Ruling May Offer Guidance On Freight Broker Liability

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    The U.S. Supreme Court's decision in Montgomery v. Caribe Transport removed federal preemption defenses to freight broker negligent-selection claims, and a July verdict in Texas against C.H. Robinson raised further questions about how brokers can achieve compliance — but another recent Texas decision involving Home Depot may offer some answers, say attorneys at Baker Donelson.

  • 9th Circ. Ruling Raises Bar For Arbitration Pacts Via Email

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    The Ninth Circuit's recent holding in Rickes v. Thermo Fisher that the mere delivery of an email doesn't establish an employee's assent to the arbitration agreement underscores that rollout processes should both give employees notice of the agreement and create evidence of their assent, say attorneys at Sullivan & Cromwell.

  • Opinion

    Fed. Circ. Should Redefine Functionality In Design Patents

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    The Federal Circuit should establish a framework for identifying the relevant article of manufacture to which functionality analysis applies, in order to enhance doctrinal clarity and better reflect the statutory foundations of design patent law, say attorneys at Knobbe Martens.

  • 9th Circ. Ruling Marks New Chapter In Risk Factor Tug-Of-War

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    The Ninth Circuit's recent dismissal of a securities fraud class action against SunPower is the latest in a growing line of cases addressing whether, if ever, a company's risk factor disclosures can give rise to potential liability, an area where the law remains unsettled, say attorneys at Alston & Bird.

  • Where AI Patent Risk Begins And How Records Can Help

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    The Federal Circuit's recent decision in Dental Monitoring v. Align highlights the importance of documenting how artificial intelligence-assisted inventions work, and how humans contributed, as such records can support inventorship, written description, eligibility and definiteness requirements, say attorneys at Sterne Kessler.

  • Harvard Morgue Deal Shows Stakes Of Good Faith Immunity

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    Harvard's recent $53 million payment to settle lawsuits concerning body part thefts from its medical school morgue spotlights the state’s Uniform Anatomical Gift Act, which only extends good faith immunity to anatomical donation stakeholders if certain conditions are met, says Christina Strong at Dilworth Paxson.

  • 4 Words In A 1980 Law Could Redraw Bank Lending

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    The Tenth Circuit's interpretation of a single phrase in the Depository Institutions Deregulation and Monetary Control Act could reshape interstate bank lending, requiring banks and fintechs to document loan-making functions, monitor repayment triggers, and reassess true lender and contractual risks, say attorneys at Sheppard.

  • Series

    Law School's Missed Lessons: Cultivating Good Judgment

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    Law schools generally overlook the role that solid judgment skills play in real-world practice, but attorneys can bridge the gap by strengthening their abilities to assess a case’s strengths and weaknesses, develop and execute effective strategies, and provide clear recommendations to clients, says Manny Caixeiro at Venable.

  • New Del. Corp. Law's Technical Tweaks Bring Broad Changes

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    While the new amendments to the Delaware General Corporation Law, which took effect on Aug. 1, appear technical, they have broad implications for wound-down corporations and carry personal exposure for whoever signed the certificate of dissolution, hinting at where entity law is heading next, says Ashwin Ram at Buchalter.

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