Appellate

  • September 22, 2026

    Ga. Justices Say Missed Deadline Warrants Atty's Suspension

    Georgia's highest state court imposed a six-month suspension on an attorney because of his handling of a personal injury case, finding Tuesday he violated state rules by not filing required written expert reports and failed to pay for sanctions in a timely manner.

  • September 22, 2026

    1st Circ. Affirms Prison Term, Repayment In Med Bill Scheme

    The First Circuit affirmed a lower court's calculations behind a 99-month prison sentence and $6.5 million restitution order for a psychiatrist convicted of submitting $19 million in claims to insurers for thousands of sessions that never took place.

  • September 22, 2026

    Salt-N-Pepa Copyright Bid May Get New Life From 2nd Circ.

    A Second Circuit judge said Tuesday the New York federal judge who quickly dismissed Salt-N-Pepa's bid to reclaim music copyrights from Universal Music Group's UMG Recordings "was incorrect" to dismiss the hip-hop duo's lawsuit for at least two albums.

  • September 22, 2026

    Mass. Justices Grant New Trial In Fatal Parade Shooting

    Massachusetts' top court ordered a new trial Tuesday for a man accused of fatally shooting a bystander during a parade, ruling that trace amounts of gunshot residue found on his body were improperly admitted as evidence. 

  • September 22, 2026

    Fla. Justices Seek No-Pay Discipline In Judge's Ethics Case

    The Florida Supreme Court on Tuesday refused to sign off on a public reprimand and suspension for a state judge who admitted to ethics violations in connection with her election campaign, saying it would do so only if the suspension was without pay.

  • September 22, 2026

    Split Ga. High Court Dismisses Former Judge's Ethics Cases

    A split Georgia Supreme Court on Tuesday found that a former state judge committed several ethics violations, including wrongly jailing a witness in a divorce case, but tossed the charges because she resigned from the bench, although dissenting justices said the court should use its authority to discipline her.

  • September 22, 2026

    Womble Bond Can't Quit Dutch Client With TM Trial Looming

    Womble Bond Dickinson can't withdraw from a trademark feud that's dragged on for more than five years between U.S. and Dutch software companies, a North Carolina federal judge ruled, saying the firm's exit at this late stage "would be completely disruptive."

  • September 22, 2026

    Dispensary's Tax Deduction Properly Nixed, IRS Tells 9th Circ.

    The U.S. Tax Court correctly ruled that a San Francisco marijuana dispensary's expenses found to be tied to trafficking in controlled substances aren't deductible, the IRS told the Ninth Circuit, saying such a deduction shouldn't be allowed in determining an amount to settle the business's $3 million tax debt.

  • September 22, 2026

    NJ Justices Take On Atty DQ In Injury Cases After J&J Ruling

    New Jersey's Supreme Court has agreed to review the disqualification of an attorney from representing plaintiffs in several cases over injuries at Sky Zone trampoline parks after a trial court ruled the attorney's retention of a former company safety official as an expert could prejudice proceedings.

  • September 22, 2026

    Judge Sinks Patent Judgments Against Chilisin In Cyntec Suit

    A California federal judge has nullified judgments against Chilisin Electronics Corp. in a patent case from Cyntec Co. over Cyntec's failure to disclose an agreement to license a pair of its patents to Apple, while also agreeing to sanction Cyntec's counsel.

  • September 22, 2026

    Ga. Justices Say UM Claims Can Settle Before Liability Claims

    The Georgia Supreme Court on Tuesday held that the state's intermediate appellate court wrongly found that a man injured in a car crash was required to exhaust the at-fault driver's liability coverage before settling a claim for uninsured motorist coverage with his own insurer.

  • September 22, 2026

    8th Circ. Questions Iowa's Bid To Unblock Parts Of PBM Law

    The Eighth Circuit on Tuesday appeared skeptical of the state of Iowa's bid to have the appellate court unblock parts of its law limiting pharmacy benefit managers' power to set drug prices, with multiple judges questioning different aspects of the state's standing and federal preemption analysis.

  • September 21, 2026

    Due Process Not Limited In Bond Hearing Suit, 9th Circ. Says

    The Ninth Circuit held in a published opinion Monday that a certified class of asylum-seekers apprehended well within the U.S. border can challenge their detentions, rejecting the government's contention that the U.S. Supreme Court limited their due process rights.

  • September 21, 2026

    Rude Comments Fall Short Of Stalking, Fla. Panel Says

    A Florida appeals court has ruled there was insufficient evidence to sustain a stalking injunction against a woman who was described as "bullying" her neighbor by making mean comments about the neighbor's weight and a disability.

  • September 21, 2026

    Colo. Justices Say Insolvency Can't Trigger Excess Coverage

    The Colorado Supreme Court ruled that an umbrella or excess policy issuer isn't liable to drop down and provide first-dollar coverage when a scheduled underlying insurer becomes insolvent, according to the justices' opinion, issued Monday.

  • September 21, 2026

    2nd Circ. Skeptical Of Fired United Worker's Grievance Claim

    The Second Circuit gave a cool reception Monday to a former United Airlines employee's attempt to force arbitration of a grievance over his firing after a Teamsters local declined to pursue it, with judges suggesting it was the union's right to advance the claim as it saw appropriate.

  • September 21, 2026

    3rd Circ. Upholds 'Pattern' Penalty For Child Rapist

    The Third Circuit ruled Monday that a Pennsylvania man who kidnapped and sexually abused a child multiple times qualifies for a pattern crimes enhancement, ruling that although the crimes occurred over a matter of hours, they qualified as separate events.

  • September 21, 2026

    4th Circ. Won't Rethink Cutting $22M Wells Fargo Judgment

    The Fourth Circuit declined Monday to reconsider its decision cutting nearly $2.9 million from a former Wells Fargo employee's $22 million jury award and overturning portions of the verdict in his disability discrimination suit against the financial giant.

  • September 21, 2026

    FERC Wrongly Segmented Pipeline's Water Eval, DC Circ. Told

    Environmental groups have told the D.C. Circuit that the Federal Energy Regulatory Commission botched its analysis of the effects of a Williams Cos. unit's pipeline expansion project on streams and other aquatic resources in Virginia and North Carolina.

  • September 21, 2026

    Ill. Panel Says News Report Bars Law Firm's FCA Suit

    An Illinois appellate court on Friday upheld the dismissal of a whistleblower lawsuit brought by Forde & O'Meara LLP accusing a company of secretly assigning its interests in unpaid state bills to unapproved entities to duck taxes, agreeing that a prior public disclosure of the alleged scheme in a news report bars the firm's claims.

  • September 21, 2026

    Colo. Justices Uphold Ski Waiver Ruling Against Snowboarder

    A snowboarder released his claims against a ski resort and employee when he signed an online liability waiver to buy a season pass while his injury suit was still active, the Colorado Supreme Court ruled Monday, handing down a decision in a closely watched case for the state's ski industry.

  • September 21, 2026

    Mass. Court Affirms Toss Of Gun Evidence In 22-Judge Ruling

    An evenly split Massachusetts Appeals Court on Monday let stand a judge's suppression of a gun found by Boston police officers during an inventory search prior to a vehicle being towed, in a rare ruling involving all but three of the intermediate appellate court's 25 judges.

  • September 21, 2026

    Ill. Court Won't Undo $41M Stroke Malpractice Verdict

    An Illinois appeals panel won't upend a $41 million verdict against OSF Healthcare System in a suit over a man's debilitating stroke, saying Illinois law tolls the statute of limitations based on the plaintiff's disability, regardless of if his wife or attorneys could have filed suit.

  • September 21, 2026

    Fed. Circ. Says Profit Measurement Patents Ineligible

    The Federal Circuit on Monday said claims in a trio of patents relating to management profit measures were not patent-eligible, handing a win to software company Teradata Operations Inc. and industrial supply business W. W. Grainger Inc. in a suit accusing them of infringement.

  • September 21, 2026

    Ohio Justices Nix Data Center Voter Poll Over Citizen Suits

    The Ohio Supreme Court has rejected a proposed ballot question that would change the zoning code in Wilmington, Ohio, and expand residents' lawsuit powers to enforce standards for data center developments, in a decision following a proposed $4 billion Amazon Web Services project in the area.

Expert Analysis

  • 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.

  • Justices' FTC Ruling Weakens Qui Tam's Constitutional Base

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    The U.S. Supreme Court’s holding in Trump v. Slaughter, expanding presidential control over those exercising executive power, suggests that courts may be receptive to arguments challenging the constitutional foundations of the False Claims Act’s qui tam mechanism, says Daniel Passeser at Wiggin.

  • 9th Circ. Rule Block Unlikely To Deter FinCEN Cartel Focus

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    The Ninth Circuit recently blocked the Financial Crimes Enforcement Unit's border cash reporting rule, interpreting it as an impermissible use of an emergency anti-money laundering tool, but regulators are more likely to see the opinion as a road map for building a more defensible rule, say attorneys at Bradley Arant.

  • 5 Financial Statement Fraud Red Flags To Spot Post-Sripetch

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    The U.S. Supreme Court recently held in Sripetch v. U.S. Securities and Exchange Commission that disgorgement exists to strip a wrongdoer of unjust enrichment, not merely to compensate victims for what they lost, shifting the work at the center of securities fraud cases in five ways, says Rand Manasse at Green Lane Partners.

  • QVC Ch. 11 Confirmation Shows Independent Directors' Value

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    QVC's recently confirmed Chapter 11 plan joins a growing body of restructuring precedent demonstrating that well-functioning independent director frameworks can create the evidentiary and governance foundation necessary to resolve complex intercompany disputes, preserve value and secure judicial approval of contested transactions, say attorneys at Choate.

  • Series

    Being A Sommelier Makes Me A Better Lawyer

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    Being a sommelier has quietly shaped how I practice law by changing the way I think, communicate and connect with people, and offers a constant reminder that expertise is about making your knowledge useful and accessible to others, says Kara Du at Sheppard.

  • MF Doom IP Suit Highlights Hurdles For Trademark Claims

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    A recent lawsuit involving unauthorized merchandise bearing MF Doom's name and likeness is likely a preview of how infringement and counterfeit cases against online marketplaces will be defended going forward, shedding light on how intellectual property counsel can avoid dismissal of their claims, say Purdue Global Law School professor Scott Mortman and Southwestern Law School student Eden Burkow.

  • Calif. Drug Ruling Affirms Defect-Centric Liability Framework

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    The California Supreme Court's decision in Gilead Tenofovir Cases this week rejects a novel duty-to-innovate theory of negligence that could have reshaped product liability exposure well beyond the pharmaceutical industry, instead signaling that negligence claims premised on nondefective products are unlikely to succeed, say attorneys at Dechert.

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