Appellate

  • September 11, 2026

    Kalshi Can Appeal Tribe's Sports Betting Claims, Judge Says

    A Wisconsin federal judge Friday said Kalshi can appeal a ruling allowing claims brought by the Ho-Chunk Nation to proceed, saying that since the issues involved will "certainly" make their way to the U.S. Supreme Court eventually, the Seventh Circuit should consider them now.

  • September 11, 2026

    11th Circ. Ruling Won't Prevent Qui Tam Constitutional Tests

    The Eleventh Circuit's holding that the False Claims Act's provisions letting private individuals sue on the federal government's behalf pass muster under the U.S. Constitution may do little to halt the growing wave of challenges seeking to knock down those provisions.

  • September 11, 2026

    5th Circ. Says Enviro Groups Timely In Prairie-Chicken Fight

    The Fifth Circuit on Friday allowed two environmental groups to join a lawsuit over the endangered designation of the lesser prairie-chicken, saying their second request to intervene was timely filed after the Trump administration made it clear it would stop defending the designation.

  • September 11, 2026

    Tatneft Says Ukraine Is Politicizing $173M Award Appeal

    The Russian oil company Tatneft pressed the D.C. Circuit on Thursday to restart litigation aimed at enforcing a confirmed $173 million arbitral award against Ukraine, accusing the country of relying on "unsupported assertions and innuendo" to keep the case on pause indefinitely.

  • September 11, 2026

    9th Circ. Leaves VA On Hook For Homeless Vet Housing

    The full Ninth Circuit Friday refused to revisit a ruling requiring the U.S. Department of Veterans Affairs to build supportive housing for homeless disabled veterans, sparking dissents that accused judges of swapping their robes for hard hats and "bulldozing" established disability law.

  • September 11, 2026

    Abbott Can Move Baby Formula Death Suit Out Of Illinois

    An Illinois state appeals court on Friday ordered the dismissal of a product liability suit alleging Abbott Laboratories' Similac formula caused a premature Florida infant's fatal case of necrotizing enterocolitis, finding the case belongs in Florida rather than Chicago's Cook County.

  • September 11, 2026

    7th Circ. Probes Ill. Nonprofit Demographic Disclosure Law

    A Seventh Circuit panel wrestled Friday with whether Illinois' law requiring nonprofits to publicize their demographic data merely encourages diversity or unconstitutionally compels speech, with one judge questioning whether its "nudging effects" establish an injury while another highlighted legislators' statements indicating a push to influence leadership or donor decisions.

  • September 11, 2026

    Academic Publishers Tell 2nd Circ. Antitrust Case Fell Short

    Major publishers of academic journals urged the Second Circuit to reject an appeal from researchers accusing them of colluding to eliminate pay for peer reviewers and impose other restrictions, saying the case is based on ethical guidelines that do not reflect a conspiracy at all.

  • September 11, 2026

    11th Circ. Backs $620K Award In Radiology Contract Fight

    The Eleventh Circuit upheld a $620,000 arbitration award in favor of an Indian teleradiology company against a radiology provider, finding the arbitrator did not exceed his authority by interpreting the parties' long-standing services agreement.

  • September 11, 2026

    DC Circ. Probes DOT Authority To Withhold Calif. Funds

    A panel of D.C. Circuit judges grilled a Trump administration attorney Friday over the U.S. Department of Transportation's move to slash California's federal highway funding because of the state's commercial driver's licensing rules for nondomiciled drivers, wondering whether the agency had any authority to take the drastic measure.

  • September 11, 2026

    Prediction Markets' High Court Clash Looks More Imminent

    The widespread clash over whether the regulation of prediction markets falls under federal or state jurisdiction was bound to land in the U.S. Supreme Court, and a new circuit split and urgent policy questions may force the justices' hands to take up the issue.

  • September 11, 2026

    FCC Can't Avoid Final Order On Fox Philly Issue, Court Told

    A media advocacy group told the D.C. Circuit on Friday that the Federal Communications Commission cannot sidestep its duty to issue a final order on whether to dismiss a petition over Fox TV's character fitness for a broadcast license in Philadelphia.

  • September 11, 2026

    Split Fed. Circ. Backs Amazon's Win Over Network Patent Suit

    A split Federal Circuit panel Friday upheld Amazon's escape from an infringement case over an AlterWAN Inc. network patent, with the dissenting judge saying the panel needlessly went "down the rabbit hole" and arrived at a "flat wrong" claim construction.

  • September 11, 2026

    Mass. Justices Eye Hardship Factor In Pension Loss Cases

    Massachusetts' highest court seemed open Friday to taking financial circumstances into account in deciding whether two former public employees should lose their pensions for committing overtime fraud, although one justice worried doing so would "invite chaos."

  • September 11, 2026

    Mich. Township Seeks To Pause Winery Events Fight

    A northern Michigan township asked a federal judge to dismiss or stay a lawsuit brought by several local wineries that claim the township is attempting to bypass a previous court ruling to block them from hosting special events, saying the township's appeal of that earlier ruling remains pending in the Sixth Circuit.

  • September 11, 2026

    Fed. Circ. Questions Medical Training Co.'s $100M Deal Theory

    A medical training startup urged the Federal Circuit on Friday to revive claims accusing Galderma of a "classic catch-and-kill strategy" to derail what it says could have been a $100 million deal with Allergan, but a three-judge panel questioned whether that theory had been properly presented below.

  • September 11, 2026

    Fed. Circ. Agrees Globus Didn't Infringe Spinal Surgery IP

    The Federal Circuit on Friday upheld a Pennsylvania federal judge's decisions clearing Globus Medical Inc. of infringing Moskowitz Family LLC spinal surgery tool patents, agreeing that language used in the patents' opening statement, or preamble, limited their scope.

  • September 11, 2026

    Corp. Transparency Law Unconstitutional, Justices Told

    The Supreme Court should find that the Corporate Transparency Act is unconstitutional to prevent a future administration from reviving its application to domestic entities, the National Small Business Association told the justices.

  • September 11, 2026

    'Quiet On Set' Makers Beat Producer's Libel Fight On Appeal

    A California appellate court Thursday reversed a lower court ruling and threw out Nickelodeon producer Dan Schneider's defamation suit against Warner Bros. Discovery and the makers of the "Quiet on Set" docuseries, finding that the series constitutes speech protected by the anti-SLAPP statute and Schneider isn't likely to win his claims.

  • September 11, 2026

    Process Flaws Doom Group Home's $13.4M Death Appeal

    A Connecticut assisted-living facility failed to preserve or brief several issues that underpinned its appeal of a $13.4 million judgment over the death of a resident, an appellate panel held Friday in upholding a trial court victory for the man's mother.

  • September 11, 2026

    Trial Errors 'Crippled Goldstein's Defense,' 4th Circ. Hears

    Appellate luminary Tom Goldstein unveiled a sweeping and forceful critique aimed at erasing his felony fraud convictions, telling the Fourth Circuit that prosecutors were hell-bent on convicting him "no matter the facts or law," disregarded a star witness "incompetence" and benefited from a trial judge's "inexplicable" rulings.

  • September 11, 2026

    Mass. Court Revives Whistleblower Claims Against Hospital

    A former Boston Medical Center doctor will have another chance to pursue his claims that the hospital fired him in retaliation for his testimony for defendants in child abuse cases and complaints about the work of colleagues, an intermediate Massachusetts appellate court said Friday.

  • September 11, 2026

    Midterm Wins Could Help Dems Probe Trump's BigLaw Deals

    If the Democrats take back one or both chambers of Congress in the midterm elections, a big item on their oversight agenda will be to step up ongoing investigations of the deals that nine major law firms cut with the Trump administration last year.

  • September 11, 2026

    Fed. Circ. Scrutinizes Presumptive Date In Turkish Rebar Row

    A Federal Circuit panel on Friday looked to clarify the effect of the U.S. Department of Commerce's presumption that invoice dates are generally the best option for determining dates of sale during duty investigations, with a Turkish company claiming the presumption cost it $20 million.

  • September 11, 2026

    11th Circ. Puts Ex-Worker's Ga. Negligence Claim Back In Play

    The Eleventh Circuit reinstated a Georgia law negligent retention claim against a real estate and investment firm from a former worker who claimed a colleague racially harassed her, saying a lower court dropped the ball when it tossed out the case. 

Expert Analysis

  • 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.

  • Pa. Anti-SLAPP Ruling Shows Risks Of Atty Defamation Suits

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    A Pennsylvania federal court’s recent Lento Law Group v. Estrada ruling addressed an unsettled question about mandatory fee-shifting provisions in the state’s anti-SLAPP law — and illustrates why attorneys should think twice before suing former clients over negative online reviews, say attorneys at Pietragallo Gordon.

  • 9th Circ. 'Bad Spaniels' Ruling Rewrites TM Dilution Playbook

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    The Ninth Circuit’s recent ruling that each element of the Jack Daniel's packaging parodied by the Bad Spaniels dog toy must be independently assessed for fame narrows trademark owners' ability to use a flagship mark's halo effect to protect the entire brand from tarnishment, say attorneys at Reed Smith.

  • Fed. Circ. In July: Meeting The Enablement Requirement

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    The Federal Circuit's decision in Wyeth v. AstraZeneca last month exemplifies when a generalized conception of an invention is insufficient to enable the full scope of asserted patent infringement claims, and may lead to more enablement challenges, say attorneys at Knobbe Martens.

  • Calif. Ruling Opens Del. Cos. Up To Stockholder Inspection

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    A California appellate court's recent decision in Salamon v. Orchid Global underscores that despite last year's amendments to the Delaware General Corporation Law, Delaware companies with principal operations in California remain subject to California's broader and more stockholder-protective inspection regime, say attorneys at Sheppard.

  • What 9th Circ. Devas Ruling Means For AI Infrastructure Deals

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    The Ninth Circuit's recent confirmation of a $2 billion arbitration award in Devas Multimedia's arbitration against a state-owned commercial arm of India’s space agency creates a cross-border enforcement road map for disputes that are bound to arise from the current generation of artificial intelligence infrastructure deals, says Fernanda Merouco at Davis Wright.

  • 9th Circ. Wage Ruling Shows Arbitration Pacts Are Still Useful

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    After years of uncertainty for California employers, the Ninth Circuit’s recent Cocom v. ABM Aviation decision signals that workplace arbitration agreements remain a powerful and enforceable tool — if thoughtfully drafted and employment-focused, says Benjamin Runge at Thompson Coburn.

  • Series

    Taekwondo Makes Me A Better Lawyer

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    Taekwondo has taught me to recognize when to fight for a position and when to focus on finding a solution, and that the best outcomes are often achieved by solving problems — all of which has improved my work as a bankruptcy lawyer, mediator and Subchapter V trustee, says Amy Denton Mayer at Berger Singerman.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses seven recent rulings from cases involving Class Action Fairness Act jurisdiction, appellate jurisdiction, attorney fees and employment rights.

  • 3rd Circ. Hotel Ruling Flags Key Issues In Dynamic Pricing

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    The Third Circuit's recent decision in Cornish-Adebiyi v. Caesars Entertainment relies on allegations that competitors used nonpublic data to set real-time rates considered exorbitant, highlighting both the potential risks and substantial benefits of utilizing emerging technologies, say attorneys at Baker McKenzie.

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