Appellate

  • October 02, 2026

    Full Fed. Circ. Won't Review NPE Marking, Ramey Sanctions

    The Federal Circuit on Friday said it won't rethink its ruling that patent owners must ensure that all licensees mark their products with patent information in order to recover presuit damages, nor its denial of patent attorney William Ramey's appeal of sanctions against him at a lower court.

  • October 02, 2026

    DOJ Envisions 'Full-Fledged Law Firm' To Combat Gov't Fraud

    The National Fraud Enforcement Division was created less than six months ago, but it is rapidly reshaping the U.S. Department of Justice and spurring an uptick in internal corporate investigations, white collar experts say.

  • October 02, 2026

    Nurse Can't Get 9th Circ. To Reopen COVID-19 Vax Bias Suit

    A split Ninth Circuit panel refused Friday to reinstate a lawsuit alleging an Oregon healthcare system violated the First Amendment when it refused to excuse a nurse from its COVID-19 vaccination mandate, concluding the hospital had demonstrated it would've been too difficult to let her skip the jab.

  • October 02, 2026

    6th Circ. Blocks 100s Of Opioid MDL Cases Targeting PBMs

    The Sixth Circuit on Friday overturned a pivotal decision in multidistrict opioid litigation that had dramatically expanded claims against the nation's largest pharmacy benefit managers, saying the MDL's presiding judge "clearly abused" his authority by belatedly allowing hundreds of new cases in one fell swoop.

  • October 02, 2026

    Justices Seek Worker's Input On ERISA Arbitration Denial

    The U.S. Supreme Court has asked a 401(k) plan participant to reply to investment management company Capital Group's bid for review of a split Ninth Circuit ruling that refused to kick to arbitration her suit alleging underperforming proprietary offerings in the company's retirement plan.

  • October 02, 2026

    Del. Justices Back Dismissal Of Gemini's Bausch & Lomb Suit

    The Delaware Supreme Court has upheld the dismissal of Gemini Insurance Co.'s request to block Bausch & Lomb Americas Inc. from pursuing an insurance coverage fight in Louisiana, ruling that Gemini waived its argument that the case should have been transferable to Delaware Superior Court.

  • October 02, 2026

    Roberts Wants Less Talk. Supreme Court Attorneys Disagree.

    Near the end of last term, Chief Justice John Roberts voiced his frustration with the U.S. Supreme Court's lengthening oral argument sessions and suggested the justices might tweak their format over the summer. But as the new term begins Monday, the court has yet to announce any changes, and advocates see little need for improvement.

  • October 02, 2026

    2nd Circ. Forges Own Path In Limited Partner Tax Ruling

    The Second Circuit's decision limiting a self-employment tax break for limited partners with significant managerial roles reached a conclusion similar to that of a recent Fifth Circuit ruling, but practitioners said notable differences between them create a split requiring resolution by the IRS, the U.S. Supreme Court or Congress.

  • October 02, 2026

    5 Supreme Court Cases To Watch This Fall

    The U.S. Supreme Court will convene Monday to begin its 2026 October term, which includes several cases that could determine the future of climate change tort litigation, expand religious freedoms and parental rights, and grant states authority to require proof of citizenship when individuals register for presidential elections using state forms. 

  • October 02, 2026

    4 Argument Sessions Benefits Attys Should Watch In October

    Former Intel workers' bid to convince the U.S. Supreme Court to revive their suit alleging shoddy retirement plan investments tops the list of oral arguments slated for October that benefits attorneys may want to keep an eye on. Here's a look at that case and three others teed up for argument this month.

  • October 01, 2026

    Fate Of Patent Awards Over $1B Shows Hurdles In Apple Case

    Taction Technology Inc. has secured the largest patent damages verdict in history with a $5.7 billion win against Apple Inc., but it may face an uphill battle to collect, since nearly every previous patent judgment over $1 billion was later reduced or overturned.

  • October 01, 2026

    5th Circ. Rejects Jewish Man's Bias Suit Against Franchise

    The Fifth Circuit ruled Wednesday that a Jewish man cannot become a franchisee of a Christian-only automotive franchise, saying the franchise does not discriminate against Jewish ethnicity and the law at issue does not bar religious discrimination.

  • October 01, 2026

    6th Circ. Backs Immunity In Search Of Empty Home

    Michigan state troopers who searched a vacationing couple's home while attempting to execute a bench warrant are protected by qualified immunity because existing case law has not established that such a search is a violation of constitutional rights, a Sixth Circuit panel said Wednesday.

  • October 01, 2026

    Mich. Panel Revives Child Sex Case Over Possible Entrapment

    The Michigan Court of Appeals has "conditionally reversed" a man's conviction for "child sexually abusive activity," with a panel finding that his counsel did not correctly challenge a police sting operation, causing him to be ineffectively represented at trial.

  • October 01, 2026

    Fed. Circ. Won't Rethink Vacating Contractor's $12.7M Award

    The Federal Circuit said Thursday it won't disturb a unanimous three-judge panel's decision vacating a roughly $12.7 million award a software developer won against the federal government over unauthorized software copies, denying a panel rehearing and rehearing en banc.

  • October 01, 2026

    7th Circ. Asks When Int'l Arbitration Pacts Are 'Null And Void'

    The Seventh Circuit for the first time is grappling with the grounds under which courts may determine if an international arbitration clause is null and void, with one judge questioning Thursday whether consumers should be forced to arbitrate their claims against online casino operators in Canada if Ontario law could ultimately invalidate any resulting award.

  • October 01, 2026

    $16B Ruling Faces High Court Sovereign Immunity Challenge

    The U.S. Supreme Court is being asked to review an "egregiously wrong" Second Circuit decision that overturned a New York judge's $16 billion judgment against Argentina that arose from its nationalization of YPF SA, the country's largest oil and gas exploration company.

  • October 01, 2026

    Water Utilities Say EPA Rule Defines Them Too Broadly

    The fate of a federal plan to eliminate the nation's lead drinking-water pipes may come down to a debate over the definition of a public water system.

  • October 01, 2026

    Hospital Can't Privately Contact Ex-Docs, Wash. Justices Rule

    Washington's Supreme Court split 6-3 Thursday in ruling that Virginia Mason Medical Center improperly engaged in private communications with a malpractice plaintiff's treating doctors by failing to go through formal discovery or establish the patient's knowledge or consent.

  • October 01, 2026

    NFL Concussion Claims Constitute Separate Occurrences

    A New York appeals court held Thursday that concussion-related injury claims brought by former professional football players should be treated as separate occurrences under the NFL's insurance policies, thus implicating coverage under a primary policy but not a fifth-layer excess policy.

  • October 01, 2026

    Trump Says Copyright Chief Can't Stay In Office Amid Appeal

    The Trump administration is urging the D.C. Circuit to let it remove U.S. Copyright Office leader Shira Perlmutter, arguing that the U.S. Supreme Court's decision protecting Federal Reserve Gov. Lisa Cook for now does not entitle Perlmutter to remain in office while her firing challenge proceeds.

  • October 01, 2026

    Pa. Justices Keep But Decry $250K Damages Cap In $7M Case

    The Pennsylvania Supreme Court has opted to preserve the $250,000 limit on damages claims against state agencies, with the majority of justices rejecting a constitutional challenge to the cap because it doesn't impede a plaintiff's right to a jury trial, only the amount of recovery.

  • October 01, 2026

    Aya Health Tells 9th Circ. It Needn't Seek Suits Against Itself

    Aya Healthcare urged the Ninth Circuit on Thursday to undo an order pausing its wage-and-hour arbitration bid, arguing that requiring the travel nursing agency to first notify 400,000 workers of the collective action before deciding whether arbitration is appropriate violates the Federal Arbitration Act and essentially forces Aya to solicit lawsuits against itself.

  • October 01, 2026

    Blue States Fight EPA Rollback Of Power Plant Climate Rules

    A New York-led coalition of mostly Democratic states and municipalities lodged a petition on Thursday before the D.C. Circuit challenging the U.S. Environmental Protection Agency's recent repeal of Biden-era limits on greenhouse gas emissions from fossil fuel-fired power plants.

  • October 01, 2026

    Colo. Judicial Branch Announces Death Of Former Justice

    The Colorado Judicial Branch late Thursday afternoon announced the death of former Justice Melissa Hart, who retired from the Colorado Supreme Court in December. 

Expert Analysis

  • Challenging Detention After 5th Circ. Ends Bond Clocks

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    After the vacatur of the Fifth Circuit’s holding that the U.S. Constitution requires bond hearings for detained noncriminal noncitizens, practitioners should go back to filing habeas petitions, pending the court's en banc rehearing, says Kemal Hepsen at Mandamus Lawyers.

  • Patent Eligibility Bulletin: New USPTO Guidance And AI Risks

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    In the second quarter of 2026, the U.S. Patent and Trademark Office updated its subject matter eligibility declarations in line with its increasingly permissive patent eligibility stance, while the Federal Circuit rigorously applied the Alice framework in a decision that highlighted risks facing patent claims that utilize artificial intelligence and machine learning, say attorneys at Banner Witcoff.

  • State Of Insurance: Q2 Notes From Illinois

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    The second quarter of 2026 featured a trio of auto insurance opinions from Illinois' appellate courts, addressing a notice requirement, narrowing insurers' exposure for delayed payment of underinsured motorist claims, and creating a district split on coverage for employee-drivers under employers' policies, says Matthew Fortin at BatesCarey.

  • Why Courts Are Pushing Back On Greenwashing Laws

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    Recent Fourth Circuit and California federal court decisions blocking state greenwashing statutes on First Amendment grounds reveal a tension at the heart of environmental marketing regulation — while states want clarity, courts aren't prepared to let legislatures flatly ban categories of truthful commercial speech, say attorneys at DLA Piper.

  • 11th Circ. Opioid Appeal May Shift Public Nuisance Coverage

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    The Eleventh Circuit's recent ruling certifying to the Florida and Georgia Supreme Courts the question of whether insurers must provide coverage against suits claiming policyholders improperly distributed opioids may ultimately result in a counterbalance to the Delaware line of cases denying coverage for government opioid suits, say attorneys at Pillsbury.

  • Series

    Teaching SEC Investigations Makes Me A Better Lawyer

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    Instructing a law school course on U.S. Securities and Exchange Commission investigations has made me a more thoughtful, deliberate practitioner because it requires me to continually reassess and challenge what I know about securities law enforcement, how I know it and how best to explain it, says David Chase at Miami Law.

  • Monsanto Ruling Bolsters Generic Drug Labeling Preemption

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    The U.S. Supreme Court's recent decision in Monsanto Co. v. Durnell concerns herbicide labeling regulated by the Federal Insecticide, Fungicide, and Rodenticide Act, but also carries weighty implications for preemption of state law labeling claims against drug manufacturers, say Terry Henry and Ann Querns at Blank Rome and Melanie Leney at Aurobindo Pharma.

  • Justices' Tax Sale Ruling Tees Up Auction Fairness Battles

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    The U.S. Supreme Court’s recent decision in Pung v. Isabella County, Michigan, that taxpayers are not entitled to fair market value of real property seized to satisfy a tax debt shifts attention to the fairness of state and local auction procedures, and whether taxpayers claiming surplus proceeds face unwarranted hurdles, say attorneys at Miller Canfield.

  • Why The 2nd Circ. Upheld Beneficial Ownership Blockers

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    The Second Circuit recently held that a properly drafted contractual blocker — which caps an investor's beneficial ownership below 10% and automatically voids any transaction that would breach the cap — shields the investor from Section 16(b) liability, demonstrating that blockers have teeth, say attorneys at Sheppard.

  • Patent Eligibility Reforms Keep Chasing The Wrong Fixes

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    Repeated efforts to create a consistent, predictable patent eligibility standard under Section 101 have centered on replacing judge-made exceptions with new statutory language, but the better fix is to align examination standards with how courts actually apply eligibility doctrine, says former Patent Trial and Appeal Board judge Amee Shah.

  • Opinion

    Qualified Immunity Bill's Reach Goes Beyond Federal Officers

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    The federal Qualified Immunity Abolition Act, introduced earlier this year and described by the bill sponsors as a federal-officer measure, would in actuality reach the entire universe of Section 1983 defendants, a distinction that matters as much to defense counsel as to plaintiffs, says attorney V. James DeSimone.

  • Where The Justices Aligned In Appellate Authority Ruling

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    The real story of the U.S. Supreme Court’s recent ruling in T.M. v. University of Maryland Medical System Corp., finding that a doctrine designed to curtail duplicative litigation prevents federal district courts from reviewing state court decisions, is in how the justices together revisited an obscure, century-old jurisdictional doctrine, says Alex Dimitrief at Zeughauser Group.

  • How High Court Pepsi Case Could Brew TM Strategy Shift

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    The U.S. Supreme Court's forthcoming decision in RiseandShine v. PepsiCo will determine whether a judge or jury decides trademark strength in infringement disputes, which could meaningfully change early-stage motion practice, discovery and what evidence is needed to prove a mark is strong, says Rachel Scobie at Merchant & Gould.

  • State Of Insurance: Q2 Notes From Pennsylvania

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    Todd Leon at Marshall Dennehey highlights notable second-quarter insurance developments in Pennsylvania, including federal court opinions providing guidance on first-party and third-party insurance coverage principles, and a pending bill seeking to regulate health insurers' use of artificial intelligence.

  • High Court, SEC Proposals Set Stage For Further Fund Reform

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    The U.S. Supreme Court's recent decision in FS Credit Opportunities v. Saba Capital Master Fund and the U.S. Securities and Exchange Commission's proposed rulemaking packages aimed at public market reforms provide a constructive backdrop for considering additional innovations to the listed fund structure, say attorneys at Debevoise.

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