Appellate

  • September 14, 2026

    9th Circ. Orders Review Of Border Patrol Facebook Records

    A Ninth Circuit panel on Monday conditionally vacated a man's conviction for illegally entering the U.S., ordering a district court to determine whether the government withheld evidence about the involved Border Patrol agents' activity in a Facebook group that joked about migrant deaths and hurled racist and sexist slurs.

  • September 14, 2026

    6th Circ. Revives Prisoner's Book Censorship Lawsuit

    The Sixth Circuit revived a lawsuit brought by a Michigan prisoner challenging prison officials for confiscating a book written by his sister, reversing a trial court decision that had granted summary judgment to the defendant after finding the prisoner failed to exhaust his administrative remedies under the Prison Litigation Reform Act.

  • September 14, 2026

    Colo. Justices Won't Review $3.36M Verdict Against Gas Co.

    The Colorado Supreme Court unanimously declined on Monday to hear the case of a natural gas marketing company appealing a $3.36 million jury verdict in favor of its former trading director who accused the company of failing to pay out a bonus related to his trades.

  • September 14, 2026

    5th Circ. Won't Hear 'My 600-lb Life' Reality Show Dispute

    A split Fifth Circuit refused to entertain legal questions about whether "My 600-lb Life" counts as reality television in a dispute over coverage for underlying suits brought by the show's participants, saying in a published opinion Monday that the show's producers forfeited the argument on appeal.

  • September 14, 2026

    Bove Rejects Recusal Bid Tied To DOJ Whistleblower Claims

    U.S. Circuit Judge Emil Bove declined Monday to recuse himself in a Third Circuit immigration case, saying the attorneys for the petitioner are "recycling a failed pre-confirmation political smear" on him.

  • September 14, 2026

    Calif. Panel Vacates Murder Conviction Of Pursuit Passenger

    A California appeals court has vacated the felony murder conviction of a passenger in a fatal police-pursuit crash, saying he was ineligible for the charge after a change in state law.

  • September 14, 2026

    Aetna Tells 5th Circ. DOL Can't Block Aramark Suit Arbitration

    Aetna Life Insurance Co. urged the Fifth Circuit on Monday against the U.S. Department of Labor's argument that uniform company Aramark Services Inc.'s health claims dispute with the insurer should remain in court, arguing a Texas judge erred in declining to enforce the parties' binding arbitration agreement.

  • September 14, 2026

    Mich. Justices Keep Judge Off Ballot, But 2 Urge Law Change

    The Michigan Supreme Court has declined to hear a Kalamazoo, Michigan, district court judge's challenge to her removal from the November ballot over an inaccurate affidavit of identity, leaving intact an appellate ruling that state election officials were required to reject her candidacy.

  • September 14, 2026

    9th Circ. Says Hyundai, Kia Parent Cos. Can't Slip Theft MDL

    The Ninth Circuit on Monday found that a district court wrongly dismissed insurers' claims against the Korea-based parent companies of Kia and Hyundai alleging their vehicles were susceptible to theft, saying the lower court must conduct further analysis to determine if it can exercise personal jurisdiction over them.

  • September 14, 2026

    Software Co. Urges Justices To Pause Thryv Order

    A Vermont software company has asked the U.S. Supreme Court to pause a D.C. Circuit mandate enforcing a Thryv remedy issued by the National Labor Relations Board, arguing that the high court will likely grant its upcoming petition challenging the circuit court's decision to uphold the mandate.

  • September 14, 2026

    Feds Want Justices To Skip Google 'Settled Expectations' Row

    The federal government is telling the U.S. Supreme Court that Google didn't meet the appropriate standard to get the Federal Circuit to look at the company's challenge to the U.S. Patent and Trademark Office's policy of using the age of patents as a reason not to review them.

  • September 14, 2026

    Mich. Court Affirms County Can Seize Family Cottage For Park

    Kalamazoo County can seize a family-owned cottage on a one-third-acre parcel in southwest Michigan to expand a public park, a Michigan Court of Appeals panel said, affirming a trial court decision.

  • September 14, 2026

    1st Circ. Says Hearst Info Sharing May Not Trigger VPPA

    The First Circuit appeared likely on Monday to affirm a lower court's finding that Hearst Television Inc.'s news and weather apps are not violating a 1980s-era video privacy law by disclosing users' email and geolocation data to marketing partners, suggesting that's not enough information to link individuals to specific viewed material.

  • September 14, 2026

    SF Vacancy Tax Barred By Calif. Law, Appeals Court Affirms

    San Francisco's voter-approved tax on vacant residential units penalizes property owners for keeping those off the rental market and thus violates California law, a state appeals court panel ruled, upholding a trial court.

  • September 14, 2026

    NCAA Asks 10th Circ. To Reverse Athlete Eligibility Ruling

    The NCAA has urged the Tenth Circuit to overturn a Colorado federal judge's ruling that could let thousands of college athletes who had exhausted their eligibility compete for another season, arguing the judge wrongly found they were likely to prove that excluding them from the league's newly expanded eligibility rules violates federal antitrust law.

  • September 14, 2026

    UPenn Prof Hires John Eastman For Race Bias Appeal

    A suspended University of Pennsylvania law professor has hired President Donald Trump's former attorney John Eastman to argue her Third Circuit bid to revive her case alleging the school disciplined her based on her race.

  • September 14, 2026

    Detroit, Firefighters Union Win Seniority Appeal

    The city of Detroit and its firefighters union have defeated the remaining claims of two firefighters who challenged their treatment after returning from disability retirement, with a Michigan state appeals court finding their claims either conflicted with seniority rules adopted during the city's bankruptcy or lacked sufficient support.

  • September 14, 2026

    NY Pardon Ends High Court Fight Over Immigration Detention

    A dispute before the U.S. Supreme Court over whether noncitizens subject to removal proceedings because of criminal convictions are entitled to bond hearings was rendered moot after the immigrant at the center of the case received a pardon.

  • September 14, 2026

    1st Circ. Rejects Judge's Standing Order On Deportations

    The First Circuit struck down a federal district judge's standing order that prohibited U.S. Immigration and Customs Enforcement from deporting criminal defendants unless the government resolved or permanently dropped the pending charges.

  • September 14, 2026

    ND Opposes Tribes' Bid To Keep Court-Imposed Voting Map

    North Dakota is seeking to dissolve a 2011 court-approved remedial legislative map that was put in place while a Voting Rights Act dispute brought by two tribal nations made its way to the U.S. Supreme Court, calling the tribes' request for a deferral "astonishing."

  • September 14, 2026

    IRS Asks 6th Circ. To Uphold Revamped Microcaptive Rules

    The Internal Revenue Service asked the Sixth Circuit to affirm a Tennessee federal court's ruling that a set of revised IRS rules requiring taxpayers to disclose some microcaptive insurance arrangements doesn't violate the Administrative Procedure Act, saying the U.S. Treasury Department acted within its authority in promulgating the regulations.

  • September 14, 2026

    1st Circ. Backs Travelers In RI State Worker's UIM Benefits Bid

    A Travelers unit doesn't owe underinsured motorist coverage to a Rhode Island state employee who was injured in a car crash during the scope of her employment, the First Circuit said, refusing to depart from the Rhode Island Supreme Court's recent response to a pair of certified questions.

  • September 14, 2026

    Chamber Tells Justices Plane Forfeiture Should Be Blocked

    The U.S. Chamber of Commerce and the National Association of Manufacturers are urging the U.S. Supreme Court to reaffirm the Eighth Amendment's excessive fines clause and find that the state of Alaska's seizure of a $95,000 plane over a six-pack of beer is out of proportion to the alleged harm.

  • September 14, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week saw disputes over allegedly fabricated board approvals at a telecom infrastructure startup, insider trading and child safety at Roblox Corp. and ownership of artificial intelligence technology used in legal proceedings.

  • September 14, 2026

    Neb. Justices Again Reject Challenge To Medical Marijuana

    The Nebraska Supreme Court has rejected another effort to void medical marijuana legalization ballot initiatives that voters approved by large margins, saying the cannabis reform opponent who brought the suit lacked standing to bring his complaint.

Expert Analysis

  • 5 IP Licensing Lessons From Fed. Circ. Asphalt Ruling

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    The Federal Circuit's recent decision in A.L.M. v. Zydex, concerning infringement of asphalt-related patents, clarifies what licensing terms are considered sufficiently exclusionary for constitutional standing, and provides helpful guidance for ensuring the enforceability of patent rights, say attorneys at Sterne Kessler.

  • Series

    Going To Hardcore Shows Makes Me A Better Lawyer

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    While government contracts law and the hardcore scene may seem entirely unrelated, in my experience, both are about community, focus, being prepared for the unexpected and managing chaos, says Isaac Natter at Fluet.

  • 9th Circ. Ruling Exposes A Flaw In Federal Trade Secrets Law

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    The Ninth Circuit's recent decision in Comet Technologies v. XP Power, addressing a difference between the federal Defend Trade Secrets Act and California's Uniform Trade Secrets Act, shows why the DTSA's requirement that claimed trade secrets not be readily ascertainable is inherently problematic, say attorneys at Buchalter.

  • Opinion

    Birthright Citizenship Dissents Belie Originalist Interpretation

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    The three dissents in the U.S. Supreme Court's recent birthright citizenship decision clashed with originalist readings of the Constitution, applying the 14th Amendment more narrowly than its drafters, and by applying contemporary and living document approaches to constitutional interpretation, says Ediberto Roman at Florida International University.

  • Navigating The Limits Of Calif. Justices' Public Pension Ruling

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    Despite the California Supreme Court's recent holding that counties and cities wield discretion over classification and salary decisions for their public retirement board staff, it is important to remember that such authority is not unchecked as unreasonable rejections remain subject to judicial review, say attorneys at Reed Smith.

  • 3 Rulings Show High Court's Transnational Litigation Stance

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    The U.S. Supreme Court's most recent term closed with three consequential decisions for transnational litigation that illustrate the court's readiness to enforce a Congress-created cause of action for overseas conduct and unwillingness to create this liability itself, say attorneys at WilmerHale.

  • Del. High Court Ruling Signals Next Post-Jarkesy Phase

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    The Delaware Supreme Court recently ruled in Swan Energy v. Investor Protection Unit that the jury trial principles underlying the U.S. Supreme Court’s Jarkesy opinion do not compel the same result under the state's constitution, offering state courts a road map for the next phase of administrative enforcement litigation, says Benjamin Lajoie at Nelson Mullins.

  • How 'Settled Expectations' Affect Amazon's Patent Program

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    Whether the U.S. Supreme Court decides to weigh in on the U.S. Patent and Trademark Office's "settled expectations" framework could have significant consequences for how patent owners and accused sellers approach disputes in Amazon's patent evaluation process, says Barry Greenbaum at Olshan Frome.

  • Fla. Justices Give Trial Judges More Dismissal Discretion

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    The Florida Supreme Court's recent decision in Publix Supermarkets Inc. v. Goga confirmed that appellate courts should not apply a heightened standard when reviewing severe sanctions for fraud on the court, granting greater deference to trial courts, says Brent Hartman at RumbergerKirk.

  • Opinion

    2nd Circ. Tylenol Ruling Misapplies Daubert Gatekeeping

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    The Second Circuit's recent ruling in Rutledge v. Walgreen Co., holding that a lower court should not have excluded experts alleging links between prenatal acetaminophen use and autism, threatens to swallow the Daubert standard by limiting courts' consideration of scientific consensus in assessing reliability of expert testimony, say attorneys at Benesch.

  • Limiting Employer Risk If Calif. Case Upends Time Rounding

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    The California Supreme Court's holdings in recent years suggest that it may tighten the rules for — or even eliminate — time clock rounding when it decides Camp v. Home Depot, so employers should consider taking preemptive steps to guard against large potential liability, says Jacqueline Crispino at the Jhaveri-Weeks Firm.

  • AG Watch: Va. Auto Renewal Law Clears Enforcement Path

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    The most consequential aspect of recent amendments to Virginia's automatic renewal law is the enforcement authority it creates, giving the attorney general a clear statutory pathway to pursue cases involving subscription-related compliance failures under the Virginia Consumer Protection Act, says Chuck Slemp at Cozen O'Connor.

  • 4th Circ. Boeing Class Cert. Ruling May Have Limited Reach

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    While the Fourth Circuit's recent decision to reverse class certification against Boeing appears to potentially create a circuit split or heighten the standards for achieving class certification, that conclusion overlooks the decision's very specific circumstances, and its impact will likely be limited outside the circuit, say attorneys at Bleichmar Fonti.

  • Fed. Circ.'s Shaping Of Tech Patent Doctrine Resembles EPO's

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    The Federal Circuit's recent decision in Ceiva v. Amazon crystallizes an informal U.S. heuristic, "a technological solution to a technological problem," rewarding emphasis of a traceable chain from a problem to a solution — a lesson similar to the European Patent Office's "technical character" terminology, says Brandon Theiss at AddyHart.

  • Opinion

    After Monsanto, Defense Bar Must Build Case Against Lohr

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    The U.S. Supreme Court's recent decision in Monsanto v. Durnell has helped to demolish the foundation for its problematic 1996 ruling in Medtronic v. Lohr — so now defense counsel should lay the groundwork for the high court to overturn Lohr, say attorneys at Blank Rome.

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