Appellate

  • September 30, 2026

    Detainees Urge Justices To Deny Prison Co.'s Wage Appeal

    Immigrant detainees and Washington state asked the U.S. Supreme Court to reject a prison operator's bid to review a ruling on minimum wages for detention facility workers, arguing a federal agency changed the underlying rules months before the government urged the court to take the case.

  • September 30, 2026

    Crocs Takes ITC Appeal Timing Issue To Supreme Court

    Crocs Inc. wants the U.S. Supreme Court to take a look at when a federal agency's ruling becomes appealable, after the Federal Circuit found the clogs maker was too late in challenging a mixed U.S. International Trade Commission trademark ruling that generated two appeal deadlines.

  • September 30, 2026

    Mass. Panel Tosses Minor's Gun Charges Over Illegal Frisk

    Gun charges against a minor must be thrown out because Boston police did not have justification to search the minor for weapons after ordering him out of a vehicle, a Massachusetts appellate panel ruled Wednesday.

  • September 30, 2026

    Pa. Justices To Weigh If Murder Sentence Rule Is Retroactive

    The Pennsylvania Supreme Court will decide whether its March ruling ending mandatory life sentences for second-degree murder should be applied retroactively to prisoners already serving those sentences.

  • September 30, 2026

    2nd Circ. Says EFAA Bars Arbitration Of Ex-Exec's Entire Suit

    The Second Circuit ruled Wednesday that an ex-executive can keep her case in court after asserting sexual harassment claims against a Texas law firm, ruling the Ending Forced Arbitration of Sexual Harassment and Sexual Assault Act shields her whole suit from arbitration — not just her sexual misconduct claims.

  • September 30, 2026

    Bessent Owes $910K In Taxes As Limited Partner, Wyden Says

    Treasury Secretary Scott Bessent should pay more than $910,000 in payroll taxes as a hedge fund limited partner after the Second Circuit ruled that such partners are subject to the self-employment tax, Senate Finance Committee ranking member Ron Wyden said Wednesday.

  • September 29, 2026

    Bristol-Myers, Natco And More Can't Ditch Cancer Drug MDL

    A New Jersey federal judge Tuesday refused to throw out sprawling antitrust multidistrict litigation over Celgene Corp.'s cancer drug Revlimid filed against Bristol-Myers Squibb, Natco Pharma, AbbVie and other pharmaceutical companies, ruling that buyers' pay-for-delay claims are plausible at this stage in the litigation.

  • September 29, 2026

    En Banc 9th Circ. Mulls Copyright Test Change In Tattoo Case

    Counsel for a photographer who lost at trial over claims that a Kat Von D tattoo infringed his copyrighted photo of Miles Daves urged an en banc Ninth Circuit panel Tuesday to end the circuit's use of a subjective "intrinsic" test for juries to determine substantial similarity. 

  • September 29, 2026

    DOJ Says Trump Name Is Key To Kennedy Center Survival

    The U.S. Department of Justice told the D.C. Circuit the Kennedy Center's donors will flee if his name isn't put back on the building, arguing in its opening brief to the appeals court that the institution faces "financial ruin" without "appropriate recognition" for Trump.

  • September 29, 2026

    7th Circ. Skeptical Of Reviving License Plate Surveillance Suit

    A Seventh Circuit panel seemed skeptical Tuesday that it should revive two Cook County residents' lawsuit claiming the Illinois State Police subject residents to unconstitutional searches through automatic license plate reading cameras whose data is saved for months.

  • September 29, 2026

    Ministry Stance In Anti-LGBTQ+ Hiring Suit Confuses 9th Circ.

    An en banc Ninth Circuit struggled Tuesday to understand a Washington-based Christian ministry's legal stance as it sought to preserve its ability to reject job applicants who are gay, with several judges suggesting it was immune from enforcement action since the state recognized the jobs as ministerial and therefore constitutionally exempt from anti-discrimination laws.

  • September 29, 2026

    FCC Looking To Duck Mandamus In 2021 RF Exposure Order

    Five years after the D.C. Circuit told the FCC it needed to provide more in-depth reasoning for why it believes cellphones and other wireless devices don't pose a risk to humans, the agency is arguing it needs more time to sort out a response.

  • September 29, 2026

    Ga. Court Revives Go-Kart Injury Suit Over Destroyed Video

    A Georgia appellate court on Tuesday revived a suit accusing Andretti Indoor Karting & Games of causing a go-kart rider's injuries, saying the trial court applied the wrong legal standard regarding whether the facility improperly destroyed surveillance video evidence.

  • September 29, 2026

    Feds Tell 4th Circ. Ábrego García Delayed His Own Removal

    The Trump administration is telling the Fourth Circuit that a Maryland federal judge shouldn't have granted Kilmar Ábrego García protection from continued immigration detention, saying the unlawful rulings he successfully sought are what's preventing his removal to Liberia.

  • September 29, 2026

    Providence Tells Wash. Justices $230M Loss Upends CBAs

    Counsel for Providence Health & Services, Washington state's largest healthcare provider, urged the state's highest court on Tuesday to overturn workers' $230 million trial win over missed meal breaks, arguing that the judgment could put large employers at risk for complying with collective bargaining agreements.

  • September 29, 2026

    Tech Giants Tell Fed. Circ. To Spurn Squires Remand Bid

    Google, Meta and other tech giants that challenged an Express Mobile website building patent have asked the Federal Circuit to reject the U.S. Patent and Trademark Office's bid to remand the case to the patent office for further proceedings, after a panel of top Patent Trial and Appeal Board judges upheld the patent.

  • September 29, 2026

    Fla. Says 12-Juror Rule Will Upend Thousands Of Convictions

    Florida has urged the U.S. Supreme Court to keep intact a decades-old precedent that lets states use juries of fewer than 12 people in serious criminal cases, arguing that overruling the case would throw into question an overwhelming number of convictions in seven states.

  • September 29, 2026

    Target Accused Of Shorting Colo. Workers On Pay And Breaks

    A former Target employee in Arapahoe County, Colorado, claimed in state court Monday that the company is violating state wage laws by not compensating employees for all hours worked or repaying them for business-related expenses.

  • September 29, 2026

    Feds Ask 4th Circ. To Affirm Conviction In Fake Contracts Plot

    The federal government has asked the Fourth Circuit to affirm the conviction of a man accused of defrauding investors through fake NASA contracts who is looking to withdraw his guilty plea and have the trial court judge removed for bias.

  • September 29, 2026

    Cloud Fails To Upend Revvity's $4.5M Fee, Contract Win

    A Massachusetts intermediate appellate court on Tuesday affirmed a lower court's finding that Cloud Software Group LLC wrongly used a "sham audit" to justify terminating a long-term partnership with another software company in order to poach its customers.

  • September 29, 2026

    Surgical Robot Co. Says 9th Circ. 'Expands' Antitrust Law

    Intuitive Surgical asked the full Ninth Circuit to reconsider a decision reviving a surgical repair company's claims that it blocked third parties from refurbishing components for its popular da Vinci surgery robot, arguing the panel created a whole new pathway to alleging monopolization of secondary markets.

  • September 29, 2026

    After Remand, Wis. Judge Again Wipes Out Lens Patent Claims

    A Wisconsin federal judge has ruled that two patents covering eyeglass lenses were invalid after his previous order invalidating them was overturned by the Federal Circuit, ruling that an earlier patent disclosed the asserted patents' claimed methods.

  • September 29, 2026

    Ex-Worker Urges 4th Circ. To Revive Wage, Retaliation Claims

    A former worker at a sports bar in North Carolina urged the Fourth Circuit to revive her wage, retaliation and emotional distress claims, saying that a lower court improperly kept surviving claims from a jury and dismissed another on a ground that she did not have a chance to address.

  • September 29, 2026

    Summer Vacation Rules Save Texas Slip-And-Fall Suit

    A Texas appeals panel on Tuesday revived a woman's slip-and-fall suit, finding the trial court judge abused their discretion by ignoring her attorney's summer vacation designation and dismissing the case with prejudice when he was unprepared at trial.

  • September 29, 2026

    Botched Application Costs Zipper Co. $20M Tax Break

    A Georgia appeals court on Tuesday rejected a zipper maker's efforts to upend a county tax board's decision awarding it a roughly $40 million tax exemption instead of the $60 million it sought, saying the failure to attach a signed oath disclaiming fraud wasn't a trivial mistake.

Expert Analysis

  • How Justices' Habeas Ruling Limits Compassionate Release

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    The U.S. Supreme Court's recent holding in Fernandez v. U.S. that a federal prisoner who challenges their conviction's validity must do so through habeas, not compassionate release, considerably narrows the universe of arguments that can support a sentence reduction, says attorney Elizabeth Franklin-Best.

  • The Banking Issue Hiding In Justices' Freight Broker Ruling

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    While the U.S. Supreme Court’s recent liability preemption ruling in Montgomery v. Caribe Transport was front-page news for the transportation industry, the banking industry seems to have missed that the decision exposes freight broker lenders to credit, documentation and litigation issues, say attorneys at Barack Ferrazzano.

  • Insurance Ruling Extends NY Bad Faith To 3rd-Party Coverage

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    In Renergy v. Mt. Hawley Insurance, a New York federal court recently granted a policyholder leave to amend its complaint to clarify a bad faith claims handling cause of action, confirming, after nearly 20 years, that bad faith damages are available in the third-party liability context, say attorneys at Barnes & Thornburg.

  • Opinion

    Rule Of Law Requires Gov't Engagement With Bar, Not Retreat

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    A federal agency's absence from national and local bar conferences, most recently illustrated by the U.S. Department of Justice's withdrawal from a New York City Bar Association white collar conference, disserves the bar, the government lawyers themselves and, ultimately, the administration of justice, says Muhammad Faridi at Linklaters.

  • Fed. Circ. Clarifies Standard For Contesting CICA Overrides

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    The Federal Circuit's recent holding in Life Science Logistics strengthens the hand of protesters facing an override of the Competition in Contracting Act stay, and a Court of Federal Claims decision the same day demonstrates that how a protester frames its requested relief remains critically important, says Richard Arnholt at Bass Berry.

  • The Paradoxical Duty To Adopt AI When You Can't Bill For It

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    Both billing for hours saved using artificial intelligence and preserving billable time by not adopting AI may violate rules of professional conduct, but until bar associations' ethics rules catch up to this emerging economic dilemma, firms must decide how to adjust fee structures themselves, says Ines Lassalle at Peyrot & Associates.

  • 4 Emerging Limits Of Employer Mental Health Notice Defense

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    A California appeals court's recent decision in Husband v. Target, addressing when an employer knows about an employee's undisclosed disability, leaves open questions about how changes in mental health awareness and workforce monitoring tools may raise the bar for what employers can claim not to know, says Benjamin Heller at RFZ Law.

  • Raptors Ruling Shows Risks Of Calif. Enviro Suit Intervention

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    Intervention in California environmental litigation can allow businesses to help defend agency approvals, but after a state appeals court's recent ruling in Raptors Are the Solution v. CropLife America, it is clear that intervention also carries a price — and that courts will hold parties accountable for the full arc of their litigation conduct, says Thierry Montoya at FBT Gibbons.

  • A Decade Later, Escobar Is Still Shaping FCA Cases

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    The U.S. Supreme Court's decision 10 years ago in Universal Health Services v. U.S. ex rel. Escobar changed the way in which lower courts evaluate False Claims Act cases — and the ruling remains vital in nearly every FCA case filed today, say attorneys at Bradley Arant.

  • 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.

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