Appellate

  • August 28, 2026

    Trump Denied New Bid To Federalize Hush Money Prosecution

    A New York federal judge on Friday again denied President Donald Trump's bid to move his criminal hush money conviction out of state court, finding as he did earlier that a federal law defense that Trump was operating in his official capacity would be meritless.

  • August 28, 2026

    House Eyes Vote To Lock Supreme Court At 9 Justices

    The House returns from recess on Monday, and its agenda could include a vote to keep the number of U.S. Supreme Court justices at nine.

  • August 28, 2026

    Minnesota Urges Justices To Reject Foster Parents' ICWA Bid

    The Minnesota Attorney General's Office said two foster parents' challenge to the Indian Child Welfare Act is far from over, because even if they could clear a jurisdictional bar, the Supreme Court will likely remand the dispute and leave the couple's equal protection question to be litigated another day.

  • August 28, 2026

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen shoe brand Crocs bring an appeal against the chief executive of the U.K.'s Intellectual Property Office, singer Alanis Morissette sued by the former head of operations at Live Nation Israel and the son of convicted fraudster Guo Wengui file an appeal against the Chapter 11 trustee controlling his father's bankruptcy estate. 

  • August 28, 2026

    4 Arguments For Benefits Attys To Watch In September

    The Fifth Circuit will weigh Louisiana's bid to block telehealth access to the abortion drug mifepristone, while the Fourth Circuit will hear Lockheed Martin's challenge to a trial court decision that kept a pension de-risking suit alive. Here's a look at these and other argument sessions that should be on benefits attorneys' radar next month.

  • August 27, 2026

    5th Circ. Diverts From 9th Circ.'s Copyright Server Test

    The Fifth Circuit Thursday refused to adopt what's known as the server test, which considers where online content is stored when assessing copyright liability, although it ultimately still declined to disturb a lower court's dismissal of copyright infringement claims against news aggregator NewsBreak.

  • August 27, 2026

    PBMs Hammer Opioid Judge In Last-Ditch Gambit At 6th Circ.

    An Ohio federal judge knowingly flouted a Sixth Circuit rebuke by forcing two of the largest remaining defendants in multidistrict opioid litigation to either "settle for enormous sums or litigate for years hundreds of cases," says a Thursday petition urging the appeals court to intervene.

  • August 27, 2026

    La. Town Says 5th Circ. Insurance Decision Should Stand

    A Louisiana town is pressing the U.S. Supreme Court to pass on reviewing a Fifth Circuit decision nixing an arbitration order in a dispute with its insurers over coverage for hurricane damage, calling the case "mundane" and not worthy of the high court's attention.

  • August 27, 2026

    Meta Can't Arbitrate Deceptive Ads Suit, 7th Circ. Rules

    Meta Platforms cannot steer a media company's ad deception antitrust claims away from court and into arbitration, the Seventh Circuit ruled on Thursday, saying the case falls outside the agreement Meta is trying to enforce.

  • August 27, 2026

    'We Are Not Afraid To Try This Case,' Says Rep. McIver's Atty

    Rep. LaMonica McIver, D-N.J., and her legal team Thursday outlined her options following the appeals court decision affirming that charges against her arising from her oversight visit to an immigration detention facility can move forward.

  • August 27, 2026

    Chamber Says FTC's Meta Appeal Trying To 'Rewrite' Law

    The U.S. Chamber of Commerce and other amicus filers urged the D.C. Circuit not to revive the Federal Trade Commission monopolization lawsuit targeting Meta's purchases of WhatsApp and Instagram, taking issue Thursday with how the FTC characterizes social media competition, consumer behavior and the law allowing it to sue.

  • August 27, 2026

    Officer Assaults Not Always Violent Crimes, 8th Circ. Says

    An Eighth Circuit panel has ruled that assault against a federal employee is not categorically a crime of violence, saying U.S. Supreme Court precedent demands proof of more physical force than a conviction under the federal statute requires.  

  • August 27, 2026

    Quectel Owes $3M For Infringing Philips Patent, Jury Says

    A Delaware federal jury awarded $3 million in damages Thursday and found Quectel Wireless Solutions had willfully infringed a telecommunications patent held by Dutch consumer electronics giant Philips.

  • August 27, 2026

    5th Circ. Backs FDA, Pharma Cos. In GLP-1 Shortage Fight

    The U.S. Food and Drug Administration did not unlawfully remove blockbuster GLP-1 medications made by Eli Lilly & Co. and Novo Nordisk from the national drug shortage list, the Fifth Circuit ruled Thursday, handing a loss to compounding pharmacies that produce copycat doses of the drugs.

  • August 27, 2026

    2nd Circ. Backs Lyft In Wheelchair Access, Disability Bias Suit

    The Second Circuit on Thursday rejected certified class claims from Westchester County, New York, residents accusing Lyft of systematically discriminating against disabled riders, saying the plaintiffs' suggestions for increasing the availability of wheelchair-accessible vehicles weren't reasonable.

  • August 27, 2026

    6th Circ. Rules Mich. Doesn't Own Unclaimed Accounts

    The Sixth Circuit revived proposed class claims accusing Michigan officials of violating property owners' due process rights by keeping interest earned on unclaimed financial accounts, holding that the state takes custody of abandoned property but does not take ownership of it. 

  • August 27, 2026

    3rd Circ. Backs Conviction, Life Term For Carjacking 'Spree'

    The Third Circuit on Thursday upheld the conviction and life sentence of a New Jersey man for a carjacking "spree," ruling that the trial court correctly barred evidence related to the arresting officer's past drunken-driving conviction.

  • August 27, 2026

    Grocers' Microcaptive Valid For Tax Benefits, 7th Circ. Told

    Chicagoland grocery chain owners' in-house insurance arrangement is a valid insurance transaction "and should be respected as such," they told the Seventh Circuit, saying their business should be allowed to claim microcaptive tax benefits to reduce its taxable income.

  • August 27, 2026

    Rising Star: Jones Day's David J. Feder

    Jones Day LLP partner David Feder has successfully steered thousands of cases as part of sprawling multidistrict litigation involving the herbicide paraquat and secured favorable rulings for Boeing in multiple California environmental cases, earning him a spot among the appellate attorneys under age 40 honored by Law360 as Rising Stars.

  • August 27, 2026

    11th Circ. Holds Real Estate Financier Liable For $56M Loan

    The Eleventh Circuit has found that a Florida real estate financier triggered default on a $56.3 million loan for three Houston, Austin and Dallas-area properties in Texas by filing for bankruptcy protection after assigning one property's management to a new entity, in a ruling favoring hotel lender Access Point Financial.

  • August 27, 2026

    1st Circ. Won't Revisit Discretionary Immigration Relief Denial

    The First Circuit said it lacks jurisdiction to review parts of a Jamaican citizen's bid to remain in the U.S. after entering as a tourist in 2004, noting he was later convicted of passport fraud and only sought asylum in 2016.

  • August 27, 2026

    DC Circ. Says Challenges To Pa. Power Plant Orders Can Wait

    A D.C. Circuit panel granted the Trump administration's push to pause consolidated cases challenging orders that blocked a Pennsylvania power plant from retiring while litigation over similar orders involving a Michigan power plant play out.

  • August 27, 2026

    Womble Bond Asks To Drop Dutch Software Client Over Rift

    Womble Bond Dickinson is looking to pull its representation of a Dutch software company after five years of a bitter trademark battle, citing a "fundamental disagreement" that has allegedly made it impossible for the firm to move forward as counsel of record.

  • August 27, 2026

    Claims Court Halts BMW's $38M Tax Bid Over COVID Tolling

    The U.S. Court of Federal Claims paused reviewing luxury automaker BMW's $38.4 million tax refund suit until an appeals court issues a decision in a similar case over the tolling of a COVID-19-era filing deadline.

  • August 27, 2026

    Fed. Circ. Hands Losses To Apple On 3 Smart Mobile Patents

    Smart Mobile Technologies LLC came out victorious in a set of Federal Circuit decisions Thursday in a patent fight involving Apple Inc., with the appeals court refusing to revive the tech giant's challenges to certain patent claims and reversing the Patent Trial and Appeal Board's invalidation of other claims.

Expert Analysis

  • Key Tips For Patenting Antibody-Drug Conjugate Inventions

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    Recent decisions highlight the significant challenges that can arise when patenting antibody-drug conjugates, which require strategic considerations for satisfying heightened written description and enablement requirements, says Xiaoban Xin at FisherBroyles.

  • Series

    Power To The Paralegals: Burnout As A Structural Problem

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    Law firm leadership can best retain their paralegals not by encouraging self-care, but by seeking top-down structural solutions for the quiet proliferation of responsibilities and the vicarious exposure to client trauma that particularly drive burnout in this vital role, says Erika Sneeringer at Brockstedt Mandalas.

  • Managing Post-IEEPA Tariff Refunds, Replacements And Risks

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    Companies and investors reeling from the rapid changes resulting from February's U.S. Supreme Court ruling that the International Emergency Economic Powers Act doesn't authorize tariffs should focus on understanding the duty refund process, the likely replacement tariffs and the operational ways they can minimize their tariff exposure, say attorneys at Debevoise.

  • 11th Circ. Ruling Reflects Shift In Digital Consent Frameworks

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    The Eleventh Circuit's recent decision in Tejon v. Zeus Networks that a browsewrap terms-of-service hyperlink was insufficiently conspicuous to bind a consumer to an arbitration agreement could accelerate a broader industry shift to clickwrap as the baseline for enforceable digital consent, say attorneys at Sheppard.

  • Class Actions At The Circuit Courts: June Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five recent rulings from cases involving allegations of internet data misuse, consumer fraud claims, immigration, insurance and First Amendment violation claims.

  • Fed. Circ. In May: Being Precise About 'About'

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    The Federal Circuit's decision in Enviro Tech v. Safe Foods last month illustrates the danger in attempting to expand claim scope with words of approximation, potentially causing claims to be invalid for lack of definiteness, say attorneys at Knobbe Martens.

  • Justices' FCC Fine Ruling May Weaken Agency Leverage

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    The U.S. Supreme Court's decision in Federal Communications Commission v. AT&T upheld the commission's forfeiture framework as consistent with Jarkesy, but it is also likely to reduce the effectiveness of the commission’s forfeiture proceedings as a collection and deterrence tool, say attorneys at Venable.

  • Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

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    An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

  • Google Antitrust Case Puts Spotlight On De Facto Exclusivity

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    Mozilla's recent amicus filing in U.S. v. Google arguing that its agreement to make Google the default search engine did not amount to de facto exclusivity highlights the growing debate over traditional indicators of exclusivity, with implications for any business that uses rebates, preferred contracts or volume incentives, says Chris Gowen at WilmU Farnan School of Law.

  • Justices' Montgomery Ruling Doesn't Expand Shipper Liability

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    Whether negligent hiring liability claims against shippers will increase after the U.S. Supreme Court's decision last month in Montgomery v. Caribe Transport II is anyone's guess, but the ruling itself will have no impact on shippers' actual liability in personal injury claims relating to trucking accidents, says Ronald Leibman at McCarter & English.

  • GHG Rescission Undermines State Climate Suit Preemption

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    As the U.S. Supreme Court considers the fate of state climate litigation in Suncor Energy Inc. v. Boulder County, it must confront the fact that the U.S. Environmental Protection Agency's rescission of its greenhouse gas endangerment finding has also removed the foundation for federal preemption of state climate suits, says attorney Gregg Goldfarb.

  • 3rd Circ. Decision Sheds Light On BIPA Bank Exemption

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    The Third Circuit's recent decision in McGoveran v. Amazon illuminates how courts are extending the Illinois Biometric Information Privacy Act's financial institution carveout beyond banks and insurers to technology vendors and other businesses handling biometric data, a defendant-friendly shift that still casts uncertainty around BIPA's enforcement, say attorneys at Dorsey & Whitney.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • Series

    Moshing Makes Me A Better Lawyer

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    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • High Court Ruling Casts Doubt On Status-Based Gun Bans

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    The U.S. Supreme Court’s recent ruling in U.S. v. Hemani demonstrates that the justices are increasingly skeptical of broad theories of categorical disarmament and clarifies that dangerousness cannot simply be presumed from one's status or membership in a statutory category, such as illegal drug use, says Lee Francis at Widener Law.

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