Appellate

  • September 29, 2026

    DC Circ. Won't Rehear Ute Tribe's 1.5M-Acre Land Fight

    An en banc D.C. Circuit won't rehear a Utah tribe's petition to overturn a decision that says it has no compensable title to 1.5 million acres in the state after the Indigenous nation argued that the lower court misinterpreted an 1880 law.

  • September 28, 2026

    Immigrants Urge Justices To Block 3rd-Country Removals

    Immigrant rights advocates urged the U.S. Supreme Court on Monday to reject the Trump administration's request to continue deporting migrants to countries other than their nations of origin, contending the policy conflicts with federal law barring people's removal to places where they face likely persecution or torture.

  • September 28, 2026

    6th Circ. Narrows Scope Of Injunction On Ohio Hemp Law

    Ohio officials can enforce much of a state law that reclassified hemp products as marijuana, the Sixth Circuit has ruled, only prohibiting state officials from enforcing on certain companies the parts that put geographical limitations on where cannabis products can be sourced.

  • September 28, 2026

    Bayer's COVID Vax IP Suits Against Moderna, Pfizer Survive

    Bayer CropScience was cleared to pursue its patent infringement suits against COVID-19 vaccine makers Pfizer, BioNTech and Moderna, after a judge sitting in Delaware upheld its cases on Monday.

  • September 28, 2026

    Alito Makes Last-Minute Recusal From Colo. Climate Case

    Justice Samuel Alito on Monday recused himself from the city and county of Boulder, Colorado's climate change tort lawsuit against Exxon Mobil Corp. and Suncor Energy, just a week before the case is set to be heard by the U.S. Supreme Court.

  • September 28, 2026

    Apple Briefs Set Stage For Challenge To Record $5.7B Verdict

    Friday's $5.7 billion verdict against Apple Inc. for infringing Taction Technology Inc.'s vibration technology patents is the largest in history, eclipsing many others that have been overturned, and filings by Apple preview its arguments for why this one should meet the same fate.

  • September 28, 2026

    CFPB Rips Bid To Ax $43M Debt-Relief Win As 'Frivolous'

    The Consumer Financial Protection Bureau has urged the Seventh Circuit to uphold a more than $43 million enforcement judgment against the former operator of a defunct debt relief provider, defending the agency's lower-court win in a case that has stretched across three presidential terms.

  • September 28, 2026

    Wash. Can Pursue Gold Mine Pollution Claims, 9th Circ. Says

    A Ninth Circuit panel revived Washington state's Clean Water Act lawsuit against the operator of the Buckhorn Mountain gold mine Monday, reversing a district court's ruling that the state's claims were barred because of another plaintiff's settlement in the consolidated case.

  • September 28, 2026

    Board Denies Khalil's 'Fallacious' Bid To End Removal Case

    The Board of Immigration Appeals denied a bid from pro-Palestinian activist Mahmoud Khalil to terminate his removal proceedings after he was found deportable on foreign policy grounds, rejecting his position that he was denied a fair hearing.

  • September 28, 2026

    9th Circ. Rules Cops' Gunpoint Arrest Constitutional

    A Ninth Circuit panel has ruled that two California police officers who allegedly aimed their guns at a compliant suspect acted reasonably and enjoyed qualified immunity protection from the man's civil rights lawsuit, reversing a district court's finding that they may have used unconstitutional excessive force.

  • September 28, 2026

    Sanction Bids In LKQ, GM Patent Case Are Rejected By Judge

    General Motors and a company that got the Federal Circuit to set more flexible standards for assessing whether a design patent is obvious had their requests to sanction each other shot down on Monday in a patent dispute over two vehicle fender designs.

  • September 28, 2026

    US Presses High Court To Skip Tesla Case Over PTAB Review

    The federal government has urged the U.S. Supreme Court to pass on Tesla Inc.'s challenge to the U.S. Patent and Trademark Office's limits on patent challenges, arguing Friday that the agency is under no obligation to grant requests for patent review.

  • September 28, 2026

    Fla. Panel Denies Standing For Partial Loss Of City Views

    A Florida state appellate panel has affirmed a Tampa property owner's dismissal of a zoning lawsuit alleging a nearby building exceeded height standards, saying that a partial obstruction of city skyline views doesn't give standing to sue. 

  • September 28, 2026

    11th Circ. Backs Sheriff In Ex-Deputy's Sex Bias Suit

    The Eleventh Circuit has affirmed a win for a Florida county sheriff in a lawsuit brought by a former deputy who claimed she was forced to resign because of her race, ruling she hadn't offered evidence from which a reasonable jury could conclude she'd endured sex discrimination.

  • September 28, 2026

    Mich. Panel Upholds 55-Year Sentence In Toddler Killing

    A man convicted of killing his girlfriend's 2-year-old daughter after subjecting her to weeks of abuse cannot overturn his murder and child abuse convictions or his minimum 55-year prison sentence, a Michigan appeals court ruled, rejecting his challenges to hearsay testimony, juror impartiality and his above-guidelines sentences.

  • September 28, 2026

    Del. High Court Adds To Vet Patent Indemnity, Strikes Interest

    The Delaware Supreme Court has issued a mixed ruling in a veterinary implant patent dispute, holding a company's founder liable for his share of a $9.8 million license and about $2.4 million more in defense fees while striking millions in prejudgment interest he had been ordered to pay.

  • September 28, 2026

    Split 7th Circ. Backs Ill. County's Win In COVID Vax Bias Suit

    The Seventh Circuit in a split decision Monday affirmed a summary judgment win for Cook County, Illinois, in a former hospital pharmacist's suit alleging she was unlawfully fired after she refused a COVID-19 vaccine, with the majority holding the county proved a religious exemption would've posed undue hardship and one dissenting judge saying the case should go to a jury.

  • September 28, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week heard arguments over whether to dismiss a derivative suit accusing UiPath Inc. insiders of misleading investors and trading on inside information, while a Match Group Inc. stockholder sued for records concerning reports of sexual assault and other violence involving users of the company's dating apps.

  • September 28, 2026

    6th Circ. To Mull Comcast Ruling In FirstEnergy Investor Suit

    The Sixth Circuit has once again agreed to hear a dispute between FirstEnergy Corp. and a group of investors who accuse the company of hiding its involvement in a $1.3 billion bribery scandal, agreeing on Monday to weigh a grant of class certification for a second time.

  • September 28, 2026

    7th Circ. Backs DHS Drug Informant's Conviction

    A former confidential informant for the U.S. Department of Homeland Security who "went rogue" during a narcotics investigation and began selling drugs on the side cannot have his conviction overturned, the Seventh Circuit ruled, saying evidence found in a warrantless search would have been discovered anyway.

  • September 28, 2026

    White Worker Gets 2nd Chance In Race Training Bias Suit

    The Ninth Circuit reinstated Monday a white worker's claims that the City of Seattle subjected him to harassment by pushing race bias trainings that caused his colleagues to villainize white people, ruling that negative comments he received about his race were enough to keep the case in court.

  • September 28, 2026

    Pa. Justices To Test Ethics Chief's Immunity In Mogul's Suit

    The Pennsylvania Supreme Court is set to examine when "high public officials" are entitled to immunity from suit, granting an allowance of appeal to one-time Philadelphia mayoral candidate and businessman Jeff Brown against the city's Board of Ethics over alleged damage to his reputation.

  • September 28, 2026

    Trump Asks Justices To Restore Fed. Prison Trans Care Ban

    The Trump administration urged the U.S. Supreme Court on Monday to halt a district court order barring the Bureau of Prisons from enforcing a ban on gender dysphoria care for transgender people incarcerated in BOP facilities, arguing the lower court stepped beyond its proper role. 

  • September 28, 2026

    'Survivor' Winner Asks 1st Circ. To Vacate $3.3M Tax Ruling

    The First Circuit should vacate a Rhode Island federal court's $3.3 million tax judgment against the first "Survivor" winner, he told the appeals court, saying a senior U.S. district judge improperly refused to review an objection he filed challenging his tax debt.

  • September 28, 2026

    Chamber Says H-1B Fee Renewal Requires Court Relief

    The U.S. Chamber of Commerce told the D.C. Circuit on Friday that President Trump's brand-new proclamation extending the $100,000 fee for new H-1B visa applications for another year confirms the need for relief in the case.

Expert Analysis

  • Attorneys Using AI May Have Ethical Duty To Redact Docs

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    The trajectory of legal ethics guidance in recent years strongly suggests that as redaction technology becomes more accessible, the failure to use it when uploading highly confidential materials into artificial intelligence tools will become increasingly difficult to defend as reasonable, say attorneys at Lewis Brisbois.

  • Minn. Ruling Expands Insureds' Right To Independent Counsel

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    If upheld on appeal, a recent decision by a Minnesota appellate court — Fabyanske Westra Hart & Thomson v. Western National Mutual Insurance — will give Minnesota policyholders a stronger basis to demand independent counsel when an insurer accepts a defense under a reservation of rights, say attorneys at Stoel Rives.

  • Series

    Juggling And Unicycling Make Me A Better Lawyer

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    Because I juggle (sometimes with fire) and ride the unicycle, friends and family used to joke that I should join the circus, but I pursued the practice of law instead and learned that my hobbies benefit my profession in several important ways, says Morgan Eddy at Smith Currie.

  • The Future Of DOL Judge Removal Challenges After Slaughter

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    The U.S. Supreme Court's recent ruling in Trump v. Slaughter calls into question whether U.S. Department of Labor administrative law judges exercising significant governmental authority remain insulated from presidential removal, but the answer depends on the governing statute, its severability provisions and other factors, says Mark Ishu at Conn Maciel.

  • DOJ Executive Privilege Opinion Portends 3rd-Party Dilemmas

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    The recent opinion from the U.S. Department of Justice’s Office of Legal Counsel concluding that executive privilege can shield the president's communications with private advisers may lead to interbranch disputes, and companies must come up with a response plan now before they’re caught in the middle, say attorneys at Gibson Dunn.

  • 2nd Circ. Ruling Lays Out Administrative Right-Of-Access Blueprint

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    In Civil Rights Corps v. LaSalle, the Second Circuit recently held that the First Amendment dictates a presumptive right of access to sealed attorney grievance proceedings, providing a framework for challenging other administrative regimes that operate behind closed doors, says Jonathan Ginsberg at Carlton Fields.

  • How 'Swap' Fight Underpins Prediction Market Enforcement

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    As courts around the country grapple with whether, and under what circumstances, event contracts qualify as swaps, federal enforcement authority hangs in the balance, with implications for companies that need to manage compliance risks during this period of legal uncertainty, say attorneys at Debevoise.

  • Fed. Circ. Dental IP Ruling Reinforces Prior Art Framework

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    The Federal Circuit's recent decision in Dental Monitoring v. Align Technology reaffirms the necessity of substantive written description support for establishing an earlier effective prior art date under the America Invents Act, and aligns Patent Trial and Appeal Board practice with district court litigation, say attorneys at Morgan Lewis.

  • Justices' Hikma Reasoning May Extend Well Beyond Pharma

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    The active steps framework announced by the U.S. Supreme Court in its Hikma v. Amarin decision, finding that Amarin failed to plausibly allege inducement of infringement, has the potential to reshape how courts evaluate inducement claims across patent, copyright and other doctrines, say attorneys at BCLP.

  • 10th Circ. Ruling Propels Emerging 'Occurrence' Consensus

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    The Tenth Circuit recently revived the Church of Jesus Christ of Latter-day Saints' bid for insurance coverage in a sexual abuse case, continuing a trend as the second circuit court to find that, where ambiguous, the definition of "occurrence" must be interpreted in favor of coverage, say attorneys at Anderson Kill.

  • The State Of Prediction Market Litigation After 9th Circ. Ruling

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    The Ninth Circuit's recent decision in Kalshi v. Assad gives state regulators significant appellate backing to enforce state gaming laws over prediction markets, creating a direct split with the Third Circuit that will likely lead to Supreme Court review of the question, say attorneys at Arnold & Porter.

  • 11th Circ. FCA Qui Tam Revival Queues Up Next Challenges

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    Though the Eleventh Circuit on Sept. 1 upheld the constitutionality of the False Claims Act's qui tam provision, it will probably face continued litigation since the appellate court declined to rule on other constitutional challenges and the decision will likely be petitioned to the U.S. Supreme Court, say attorneys at Sheppard.

  • Series

    Ballet Makes Me A Better Lawyer

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    A lifetime of learning and performing ballet taught me that success — whether in dance or practicing law — comes only through hours of thorough preparation, boundless energy and relentless effort, says Sharon Katz-Pearlman at Greenberg Traurig.

  • Rejection Of NLRB Successor Bar Renews An Employer Tool

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    Although the D.C. Circuit's recent ruling in Hospital Menonita v. National Labor Relations Board does not allow purchasers to disregard incumbent unions, employers acquiring a unionized business have regained a tool to challenge a union's majority support, say attorneys at Bass Berry.

  • NY Ethics Opinion Warns Attys On Qui Tam Deception

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    A recent New York State Bar Association ethics opinion cautions that counsel representing whistleblowers may not induce, supervise or facilitate a client's deceptive prefiling investigations, creating a potential vulnerability for qui tam complaints built on questionable evidence-gathering methods, say attorneys at Sidley.

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