Appellate

  • September 11, 2026

    Mass. Justices Eye Hardship Factor In Pension Loss Cases

    Massachusetts' highest court seemed open Friday to taking financial circumstances into account in deciding whether two former public employees should lose their pensions for committing overtime fraud, although one justice worried doing so would "invite chaos."

  • September 11, 2026

    Mich. Township Seeks To Pause Winery Events Fight

    A northern Michigan township asked a federal judge to dismiss or stay a lawsuit brought by several local wineries that claim the township is attempting to bypass a previous court ruling to block them from hosting special events, saying the township's appeal of that earlier ruling remains pending in the Sixth Circuit.

  • September 11, 2026

    Fed. Circ. Questions Medical Training Co.'s $100M Deal Theory

    A medical training startup urged the Federal Circuit on Friday to revive claims accusing Galderma of a "classic catch-and-kill strategy" to derail what it says could have been a $100 million deal with Allergan, but a three-judge panel questioned whether that theory had been properly presented below.

  • September 11, 2026

    Fed. Circ. Agrees Globus Didn't Infringe Spinal Surgery IP

    The Federal Circuit on Friday upheld a Pennsylvania federal judge's decisions clearing Globus Medical Inc. of infringing Moskowitz Family LLC spinal surgery tool patents, agreeing that language used in the patents' opening statement, or preamble, limited their scope.

  • September 11, 2026

    Corp. Transparency Law Unconstitutional, Justices Told

    The Supreme Court should find that the Corporate Transparency Act is unconstitutional to prevent a future administration from reviving its application to domestic entities, the National Small Business Association told the justices.

  • September 11, 2026

    'Quiet On Set' Makers Beat Producer's Libel Fight On Appeal

    A California appellate court Thursday reversed a lower court ruling and threw out Nickelodeon producer Dan Schneider's defamation suit against Warner Bros. Discovery and the makers of the "Quiet on Set" docuseries, finding that the series constitutes speech protected by the anti-SLAPP statute and Schneider isn't likely to win his claims.

  • September 11, 2026

    Process Flaws Doom Group Home's $13.4M Death Appeal

    A Connecticut assisted-living facility failed to preserve or brief several issues that underpinned its appeal of a $13.4 million judgment over the death of a resident, an appellate panel held Friday in upholding a trial court victory for the man's mother.

  • September 11, 2026

    Trial Errors 'Crippled Goldstein's Defense,' 4th Circ. Hears

    Appellate luminary Tom Goldstein unveiled a sweeping and forceful critique aimed at erasing his felony fraud convictions, telling the Fourth Circuit that prosecutors were hell-bent on convicting him "no matter the facts or law," disregarded a star witness' "incompetence" and benefited from a trial judge's "inexplicable" rulings.

  • September 11, 2026

    Mass. Court Revives Whistleblower Claims Against Hospital

    A former Boston Medical Center doctor will have another chance to pursue his claims that the hospital fired him in retaliation for his testimony for defendants in child abuse cases and complaints about the work of colleagues, an intermediate Massachusetts appellate court said Friday.

  • September 11, 2026

    Midterm Wins Could Help Dems Probe Trump's BigLaw Deals

    If the Democrats take back one or both chambers of Congress in the midterm elections, a big item on their oversight agenda will be to step up ongoing investigations of the deals that nine major law firms cut with the Trump administration last year.

  • September 11, 2026

    Fed. Circ. Scrutinizes Presumptive Date In Turkish Rebar Row

    A Federal Circuit panel on Friday looked to clarify the effect of the U.S. Department of Commerce's presumption that invoice dates are generally the best option for determining dates of sale during duty investigations, with a Turkish company claiming the presumption cost it $20 million.

  • September 11, 2026

    11th Circ. Puts Ex-Worker's Ga. Negligence Claim Back In Play

    The Eleventh Circuit reinstated a Georgia law negligent retention claim against a real estate and investment firm from a former worker who claimed a colleague racially harassed her, saying a lower court dropped the ball when it tossed out the case. 

  • September 11, 2026

    Board OKs Gov't Use Of Outside Declarations In Asylum Case

    An immigration appeals board vacated an immigration judge's grant of asylum to an Indian citizen, finding the judge erroneously put little weight on outside declarations that the federal government said contained boilerplate language resembling the Indian citizen's own declaration.

  • September 11, 2026

    High Court Urged To Take Target Case For Alice Look

    The U.S. Supreme Court should clarify its own Alice test regarding patent eligibility, according to the owner of a series of patents covering ways of finding products within a store that were invalidated under the standard in a suit against Target.

  • September 11, 2026

    DC Circ. Nixes Energy Dept.'s Order To Keep Coal Plant Open

    The D.C. Circuit on Friday wiped out a U.S. Department of Energy order to keep open a Michigan coal-fired power plant slated for retirement, saying it represents an unjustified expansion of the agency's emergency authority under the Federal Power Act.

  • September 10, 2026

    Thomson Reuters Says DOJ AI Stance Doesn't Back Ross

    Thomson Reuters told the Third Circuit Thursday in defunct legal tech startup Ross Intelligence's interlocutory appeal of a summary judgment ruling that it infringed Westlaw headnotes that a statement by the U.S. Department of Justice flagged by Ross does not support its fair-use defense.

  • September 10, 2026

    Fla. Panel Orders Murder Retrial Over Prior Shooting Evidence

    A Florida appeals court ordered a new trial for a man convicted of fatally shooting a bystander during a heated argument with a group of boys, saying the trial court erred in withholding evidence from jurors that the group had previously fired shots into his home.

  • September 10, 2026

    Bankman-Fried Asks Justices To Review His Fraud Conviction

    Incarcerated FTX founder Sam Bankman-Fried urged the U.S. Supreme Court on Thursday to review the Second Circuit's decision affirming his fraud conviction and $11 billion forfeiture order, saying now is the time to resolve whether evidence of fraud victims' losses belongs in fraudulent-inducement prosecutions and whether his "crushing fine" is constitutional.

  • September 10, 2026

    Princeton Must Face Title IX Claim Tied To Gender Bias

    A New Jersey federal judge refused to end a former Princeton University student's claims stemming from his expulsion after an investigation into his ex-romantic partner's allegations of violence, finding that a jury could conclude that gender played a role in the outcome.

  • September 10, 2026

    Feds' Cut To NY Funding In CDL Fight Justified, 2nd Circ. Told

    The Trump administration has told the Second Circuit that it's well within its rights to penalize New York by withholding $74 million in highway funds over the state's failure to revoke commercial driver's licenses that were issued to ineligible foreign drivers.

  • September 10, 2026

    DC Circ. Upholds SEC Denial Of Whistleblower Award

    The D.C. Circuit ruled Wednesday that a man who tipped off a journalist about a possible foreign bribery scheme is not entitled to a whistleblower award because he waited until a U.S. Securities and Exchange Commission investigation was well under way to present the same information to the agency.

  • September 10, 2026

    Nielsen Tells 2nd Circ. Court Altered Terms Of Cumulus Order

    Nielsen is headed back to the Second Circuit after a New York federal court changed the terms of a preliminary injunction that the appellate court had already upheld, the company said, requiring Nielsen to not only unbundle its national radio ratings data from its local offerings but also to provide that data on specific terms.

  • September 10, 2026

    6th Circ. Nixes $31.8M Pot Farm Judgment Against Curaleaf

    The Sixth Circuit on Thursday reversed a $31.8 million jury judgment against cannabis giant Curaleaf, saying the federal illegality of cannabis precluded federal courts from enforcing contracts that require parties to commit federal crimes.

  • September 10, 2026

    Fla. Panel Tosses Teen's Conviction Over Atty's Omission

    A Florida state appeals court has reversed a teenager's manslaughter conviction and sentence, finding the teen's attorney let him enter an open plea without telling him that his statements to police potentially could have been suppressed for Miranda rule violations.

  • September 10, 2026

    Jay-Z Can't Undo Buzbee's Win In Rapper's Defamation Suit

    A California state appeals court has refused to revive claims that Texas attorney Tony Buzbee defamed and extorted music superstar Jay-Z by roping him into a sexual abuse suit against Sean "Diddy" Combs, saying the case was properly thrown out under California's free speech statute.

Expert Analysis

  • 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.

  • 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.

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