Appellate

  • 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.

  • September 11, 2026

    Tylenol Maker Seeks 2nd Circ. Relook In Autism, ADHD Suits

    Tylenol maker Kenvue and several retailers have urged the Second Circuit to revisit its decision overturning a district court's exclusion of expert testimony for plaintiffs who claim prenatal exposure to the over-the-counter pain reliever causes autism and ADHD, saying the appeals court improperly restricted the trial court's "gatekeeping role."

  • September 11, 2026

    Attys Must Arbitrate $8 Oil To Fight $625K Sanction: 9th Circ.

    Class action lawyers slapped with six-figure sanctions for suing Walmart Inc. based on erroneous purchase information can't yet challenge the discipline, the Ninth Circuit ruled, suggesting they may first need to arbitrate grievances over an $8 bottle of avocado oil.

  • September 11, 2026

    Tesla Investors Press Del. High Court To Keep Cases In State

    Tesla Inc. investors have asked the Delaware Supreme Court to keep in the state a trio of lawsuits accusing the carmaker and its CEO, Elon Musk, of breaching their fiduciary duty, after a Chancery Court judge ruled earlier this year that the cases belong in Texas.

  • September 11, 2026

    9th Circ. Upholds Workers' $7.8M BART Vax Exemption Verdict

    The Ninth Circuit on Friday declined to disturb a $7.8 million verdict for six former San Francisco public rail employees who were let go after refusing the COVID-19 vaccine on faith-based grounds, finding that the transit system did not show that it couldn't have safely accommodated the workers.

  • September 11, 2026

    Prediction Markets Ask Justices To Settle Sports Wager Split

    Crypto.com on Friday became the third party to call on the U.S. Supreme Court to address the closely-watched circuit split on prediction market regulation, challenging a Ninth Circuit decision that allowed Nevada regulators to police certain sports event contracts since their "substance" appeared to be gambling.

  • September 11, 2026

    'Creative' Settlement Path For EPRs Shows Wording Risks

    T-Mobile's use of a contingency payment to end patent litigation with Kaifi LLC highlights the difficulty of alleged infringers challenging patents through ex parte reexaminations, a U.S. Patent and Trademark Office proceeding where they have no control, attorneys say.

Expert Analysis

  • Series

    NY Times Word Puzzles Make Me A Better Lawyer

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    Every morning I let The New York Times humble me with word games, which offer a chance to recalibrate my brain before the day's chaos arrives and remind me that a solution — whether to a puzzle or employment law issue — almost always exists once I find the right angle, says Amy Epstein Gluck at Pierson Ferdinand.

  • Tracking Tech Suit Is A Risk Management Reminder For Cos.

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    The Fifth Circuit recently heard oral argument in Rand v. Eyemart Express — an appeal that could reshape the legal landscape for businesses that deploy tracking tech on their websites — underscoring the importance of proactive risk management for companies across multiple industries, say attorneys at Blank Rome.

  • Series

    Law School's Missed Lesson: Diagnose Before Arguing

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    Law school often skips over explicitly teaching students how to determine what kind of problem a case presents before they commit to a particular doctrinal path, which risks building arguments that are internally coherent but externally misaligned, says Melanie Oxhorn at Kobre & Kim.

  • A Fed. Circ. Blueprint For Drafting Medical Device Patents

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    The Federal Circuit's decision in Constellation Designs v. LG last month, among other recent rulings, underscores the importance of emphasizing engineering, rather than clinical goals, when drafting patent claims for medical devices and software as a medical device, says Brandon Theiss at Volpe Koenig.

  • Decoding Arbitral Disputes: EU's Arb. Defense From Russia

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    The EU's latest package of restrictive measures against Russia marks a significant shift from merely resisting Russian jurisdictional tactics to proactively protecting arbitration and exclusive jurisdiction agreements, elevating the procedural importance of dispute resolution clauses, says Josep Galvez at 4-5 Gray's Inn Square.

  • Becoming The Biz-Savvy GC That Portfolio Companies Need

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    Candidates for general counsel roles at private equity-backed portfolio companies should prioritize proving their sector-specific experience, commercial judgment and ease with uncertainty — and attorneys hoping to be candidates in five to 10 years should start working on those skills now, says Dimitri Mastrocola at Major Lindsey.

  • Nielsen Appeal Tests Antitrust Limits Of Pricing And Bundling

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    In Cumulus v. Nielsen, the Second Circuit is considering a structural pattern in which a monopolist exploits upstream market power to foreclose downstream competition, which could potentially offer broad insight into how courts will assess exclusionary bundling and pricing defenses under antitrust law, says Luke Hasskamp at Bona Law.

  • Series

    Judges On AI: How Courts Can Survive The Tech Revolution

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    Colorado Supreme Court Justice Maria Berkenkotter and Colorado Court of Appeals Judge Lino Lipinsky de Orlov discuss how artificial intelligence has already fundamentally altered the legal system and offer tips for courts navigating deepfakes, hallucinations and a gap in access to AI tools.

  • 'Skinny Label' Arguments Spotlight Induced Infringement Risk

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    Recent oral arguments before the U.S. Supreme Court in Hikma Pharmaceuticals v. Amarin Pharma highlight the uncertain boundary between lawful generic competition through so-called skinny labels and induced patent infringement, with potential implications for patent holders’ communication, enforcement and causation strategies across industries, says Anton Hopen at Trenam.

  • A Framework For Habeas Relief After 5th Circ. Bond Ruling

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    Following the Fifth Circuit’s recent Buenrostro-Mendez v. Bondi decision foreclosing statutory bond for detained nonimmigrants not deemed admitted to the U.S., lawyers should adopt a framework that requests habeas relief pursuant to the Fifth Amendment’s due process clause, says Kemal Hepsen at Mandamus Lawyers.

  • 4th Circ. Ruling Will Rewrite Class Action Litigation Strategies

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    The Fourth Circuit's recent decision in Oliver v. Navy Federal Credit Union is the first from a federal circuit court to hold that motions to strike are inappropriate vehicles for challenging class allegations at the pleading stage, invalidating a tactic that had been used for decades, says Jim Francis at Francis Mailman.

  • Startup Founder Disputes Increasingly Turn On Governance

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    Recent Delaware developments suggest that as courts place increasing emphasis on board process, independence and oversight in founder-led startups, the growing intersection of governance, technology risk and investor oversight is accelerating both the emergence and escalation of founder disputes, says mediator Frank Burke.

  • 3 AI Adoption Mistakes GCs Should Avoid

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    The pressure in-house legal teams face to quickly adopt artificial intelligence tools, combined with budget constraints and the need to evaluate a crowded market of options, sets the stage for implementation mistakes that are often difficult to undo, says former 23andMe general counsel Guy Chayoun.

  • Series

    Playing Basketball Makes Me A Better Lawyer

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    My grandfather used to say "I wear your jersey" as shorthand for wholly committing to support someone with loyalty and integrity — ideals that have shaped my life on the basketball court and in legal practice, says Tracy Schimelfenig at Schimelfenig Legal.

  • Salt-N-Pepa Suit May Shake Up Music Copyright Issue

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    James v. UMG Recordings is a copyright termination rights case that provides an opportunity for the Second Circuit to make concrete choices about grant language, authorship, work-for-hire status and survival of derivative works, says attorney Abdul Abdullahi.

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