Appellate

  • 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.

  • September 28, 2026

    Burford Eyes $1.4B Of $5.7B Patent Trial Verdict Against Apple

    Burford Capital said it is entitled to $1.4 billion of last week's historic $5.7 billion patent infringement jury verdict against Apple, but the litigation funder cautioned Monday that the massive payday could still evaporate on appeal.

  • September 28, 2026

    Louis Dreyfus Appeals Bid To Arbitrate Cotton Futures Case

    Louis Dreyfus Commodities BV is appealing to the Second Circuit after a New York federal court refused its bid to force cotton futures traders to arbitrate a long-running case over the alleged manipulation of the cotton futures market.

  • September 28, 2026

    Judge's Senior Status To Open Another 5th Circ. Vacancy

    President Donald Trump will be getting another vacancy to fill on the Fifth Circuit, as Judge Leslie Southwick told him on Monday he will be taking semiretired status.

  • September 25, 2026

    Pa. Court Backs Hospital In Suit Over Employee's Suicide

    A Pennsylvania appellate court on Friday affirmed the dismissal of a lawsuit accusing WellSpan York Hospital of causing the suicide of an employee who allegedly endured racist bullying from coworkers, finding the allegations didn't support an emotional distress claim.

Expert Analysis

  • Series

    Law School's Missed Lessons: Surviving A Long Trial

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    Most of law school trial advocacy is geared toward the sprint of trying a short case, but beyond managing a cross-examination or closing argument, effectively handling the marathon of a lengthy trial requires the ability to maintain composure, organization and credibility with the jury, says Mihir Elchuri at Hirschler.

  • A Deepening Patent-Trademark Divide Over Irreparable Harm

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    Recent Federal Circuit decisions, along with legislation being considered in Congress, may exacerbate the differences that patent owners and trademark owners face when seeking to stop infringement before irreparable harm is caused, say attorneys at BakerHostetler.

  • 7th Circ. Ruling May Reduce Litigation Risk For Text Marketers

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    The recent Seventh Circuit holding in Steidinger v. Blackstone Medical Services that unwanted marketing text messages are not telephone calls under the Telephone Consumer Protection Act may strengthen companies' responses to presuit demand letters and early-stage litigation claims premised on do-not-call text theories, say attorneys at Holland & Knight.

  • How Calif. Ruling Defines Drug Cos.' R&D Responsibilities

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    The California Supreme Court's recent ruling in the Gilead Tenofovir Cases, which held that drugmakers have no duty to bring allegedly safer alternatives to market more quickly, is a win for pharmaceutical companies — but not a grant of blanket immunity for all early-stage drug development decisions, say attorneys at King & Spalding.

  • Whiskey Business: Parsing The 9th Circ. Jack Daniel's IP Toss

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    The Ninth Circuit's recent ruling in VIP Products v. Jack Daniel's, holding a toy did not tarnish the whiskey maker's trademarks, gives fact-finders great latitude by showing that there may exist no categories of per se tarnishing content, says attorney Sara Gold.

  • Calif. Justices' Ruling Reshapes Midcase Appeal Strategy

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    The California Supreme Court's recent decision in Maniago v. Desert Cardiology Consultants holds that voluntary dismissal cannot be used as a shortcut to appellate review of interlocutory orders, resolving a long-running appellate split and pushing litigants to use alternative procedural tools, says Josh Patashnik at Ashurst Perkins Coie.

  • Fed. Circ.'s Thermostat Ruling Holds Patent Jury Trial Lessons

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    The Federal Circuit's recent decision in Ollnova v. Ecobee, throwing out a $11.5 million patent infringement award, clarifies key rules for jury verdict forms and sends an important message on patent subject matter eligibility, says Bijal Vakil at Skadden.

  • 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.

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