Appellate

  • July 30, 2026

    8th Circ. Agrees Chartreuse Color Can't Save Hose Maker's TM

    The Eighth Circuit on Thursday declined to revive a trademark that was asserted in a case brought by a water hose manufacturer against a competitor, agreeing with a federal judge who ruled the chartreuse color of the hoses was a functional feature and therefore invalidated the trademark.

  • July 30, 2026

    Fla. Panel Says Gun Selfie Was Fair Evidence In Murder Case

    A Florida state appellate court upheld a murder conviction for a man sentenced to life in prison for the shooting death of a woman over several pairs of sneakers, ruling that a selfie of the shooter brandishing a handgun wasn't prejudicial in the case. 

  • July 30, 2026

    8th Circ. Revives Iowa Vape Restrictions Law

    Iowa can start enforcing a state law that restricts the sale of some e-cigarettes, after the Eighth Circuit on Thursday determined that the policy was not preempted by federal tobacco law and overturned a lower court's ruling that blocked officials from implementing it.

  • July 30, 2026

    Resolution Copper Creates $54M Trust For Ariz., NM Tribes

    Resolution Copper Co. said it established a $54 million trust that will provide annual funding to 11 Indigenous nations that have cultural and ancestral ties to a sacred Arizona worship site that's facing destruction to make way for a multibillion-dollar mining operation.

  • July 30, 2026

    Fed. Circ. OKs Samsung Win Over Patent Tied To $81M Award

    The Federal Circuit on Thursday upheld a Patent Trial and Appeal Board decision invalidating a patent covering standard-essential 5G wireless network technology that Samsung was directed to pay $81 million for infringing, rejecting G+ Communications LLC's procedural and evidentiary arguments.

  • July 30, 2026

    Split NJ High Court Backs Walmart In Snowy Lot Injury Suit

    The New Jersey Supreme Court ruled Thursday that Walmart didn't create the "unusual circumstances" required to make it liable for injuries suffered by a customer who slipped on a snowy parking lot, drawing a sharp dissent from justices who said the majority's take shunned case law and "bedrock tort principles" and misread case law.

  • July 30, 2026

    Minn. Sued Over Dairy Expansion Environmental Review

    Advocacy groups in Minnesota are suing the state over its decision not to provide a government document that outlines the potential environmental effects of the proposed West River Dairy expansion, arguing significant impacts to air and water quality were ignored.

  • July 30, 2026

    Skechers Can't Run From Manufacturer Tax, Mass. Court Says

    Skechers must pay nearly $200,000 in back excise taxes and interest, a Massachusetts intermediate appellate court said Thursday, rejecting the shoe brand's argument that it is not a manufacturer.

  • July 30, 2026

    WDTX Jury Awards $1.5M In Lighting Patent Retrial

    A Texas federal jury has awarded Chinese company Jiaxing Super Lighting almost $1.5 million in damages from rivals found to have infringed an LED tube lamp patent, a year after the Federal Circuit ordered a new trial.

  • July 30, 2026

    5th Circ. Upholds Plea Term Requiring Mental Health Meds

    The Fifth Circuit has ruled that a Texas man still cannot overturn a special sentencing condition requiring him to take prescribed mental health medication even despite the U.S. Supreme Court granting the man's appeal and setting a new standard for exceptions to appeal waivers in plea deals.

  • July 30, 2026

    6th Circ. Orders Look At IRS Resignation Deal In Bias Suit

    An Ohio federal court must decide whether an IRS worker gave up her disability bias and retaliation claims against the U.S. Treasury Department in a resignation agreement, a split Sixth Circuit panel ruled, refusing to weigh the merits of an appeal she brought before entering the deal.

  • July 30, 2026

    2nd Circ. Revives Decongestant 'Maximum Strength' Claims

    The Second Circuit on Thursday revived claims in multidistrict litigation alleging makers of oral decongestants misled consumers by labeling their products as "maximum strength," while finding the bulk of the remaining claims were preempted by federal regulation.

  • July 30, 2026

    Mich. Justices Overrule Longtime Med Mal Filing Rule

    The Michigan Supreme Court on Wednesday overturned a 20-year-old precedent that had barred many wrongful death medical malpractice lawsuits, ruling personal representatives may use the state's medical malpractice tolling statute to extend the time for filing claims after serving a required notice of intent to sue. 

  • July 30, 2026

    2nd Circ. Revives Migrant's Classwide Declaratory Relief Bid

    A New York federal court erred in decertifying a class seeking declaratory relief regarding government procedures on bond hearings for immigration detainees, the Second Circuit ruled Wednesday, finding the court improperly considered factors outside the federal procedural rule governing class actions.

  • July 30, 2026

    Kalshi Sports Offerings Appear On Shaky Ground At 6th Circ.

    A Sixth Circuit panel looked askance at Kalshi's push to have its sports event contracts shielded from state gambling regulators Thursday, pointedly questioning the prediction market giant about the difference between its offerings and traditional sports bets.

  • July 30, 2026

    Ohio Panel Says Burnt Pot Smell Justified Vehicle Search

    An Ohio appeals court has ruled that even though marijuana is legal in the state, law enforcement can use visible signs of the drug's use as probable cause to search a vehicle, as driving while intoxicated is still a crime.

  • July 30, 2026

    Ill. Atty Sanctioned For AI Slop In Starbucks Bias Suit

    A unanimous Illinois appeals court sanctioned an attorney representing a former Starbucks employee in a workplace discrimination suit after determining that he submitted briefs using false citations and quotations hallucinated by artificial intelligence software.

  • July 30, 2026

    NJ Appeals Court Approves Docs Release In Atty Bribery Case

    A former Bayonne mayoral candidate accused of accepting a bribe from an attorney is entitled to limited access to communications related to the investigation in his case, a New Jersey state appeals court ruled Thursday.

  • July 30, 2026

    Fed. Circ. Revives Schmeisser Gun Magazine Patent Suit

    The Federal Circuit on Thursday reversed a Wyoming judge's decision that found a firearm patent invalid as indefinite, reviving a preliminary injunction against a Bosnian gun part-maker that the lower court had dissolved.

  • July 30, 2026

    J&J Pans Talc Claimant's 'Absurd' Bid To Nix $25M Appeal

    In a sharply worded memo, Johnson & Johnson told the Connecticut Appellate Court that it should deny a "nonsensical" dismissal motion from a real estate developer who won a $25 million asbestos-related cancer verdict, defending its appeal of the trial court outcome as timely.

  • July 30, 2026

    Broward Sheriff Can't Duck Parkland Shooting Claims

    A Florida appeals court said Wednesday that the Broward County Sheriff must face claims from victims of the 2018 high school mass shooting in Parkland, Florida, ruling that sovereign immunity does not apply to negligence claims regarding the events on the day of the shooting.

  • July 30, 2026

    Army Asks 4th Circ. To Rethink Boarding School Burial Ruling

    The U.S. Army wants the Fourth Circuit to rethink a decision that says it must return the remains of two Indigenous children from a former Indian boarding school cemetery to a Nebraska tribe, arguing that if not reversed, it will cause confusion, likely spur more litigation and slow repatriation.

  • July 30, 2026

    3M Wins 11th Circ. Bid To Fight PFAS Suit In Federal Court

    An Eleventh Circuit panel said a judge should have let 3M Co. fight an Alabama town's lawsuit over forever chemical contamination in federal court based on its defense that some pollution may stem from firefighting foams made for the U.S. military.

  • July 30, 2026

    9th Circ. Rules 401(k) Plan Arbitration Clause Unenforceable

    A split Ninth Circuit panel refused Thursday to force individual arbitration of a former asset management company worker's proposed class action alleging 401(k) self-dealing, ruling that an arbitration provision in retirement plan documents was unenforceable because it sought to nullify rights guaranteed by federal benefits law.

  • July 30, 2026

    DA Says Trump's NY Hush Money Conviction Must Stand

    New York prosecutors told a state appellate court that President Donald Trump's 34-count felony conviction for falsifying business records is "unaffected" by the U.S. Supreme Court's watershed presidential immunity decision and should be upheld.

Expert Analysis

  • What's Next After Justices' Last-Mile Driver Arbitration Ruling

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    The U.S. Supreme Court's recent decision in Flowers Foods v. Brock, refusing to narrow the scope of a Federal Arbitration Act exemption for workers engaged in interstate commerce, gives previously unprotected workers access to litigation, but preserves two potentially powerful arguments for future proceedings, say attorneys at Husch Blackwell.

  • Series

    The Biz Court Digest: Shoring Up Corporate Law In Maryland

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    Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

  • How End Of SEC 'Gag Rule' Affects Free Speech Certiorari Bid

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    The Securities and Exchange Commission's recent rescission of the so-called gag rule, which forbade defendants in settlements from denying the SEC’s allegations, may sway the outcome of a petition to the Supreme Court in a case challenging the rule on First Amendment grounds, say attorneys at Troutman.

  • 2nd Circ.'s Embedded Video Ruling May Protect Publishers

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    The Second Circuit's recent decision in Richardson v. Townsquare, dismissing an infringement claim arising from an embedding of a YouTube-hosted interview, reaffirms a potent defense for publishers who regularly use social media platforms' embed functionality, says Amanda Harris at Jassy Vick.

  • Federal Officer Removal After Justices' La. Pollution Ruling

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    In the wake of the U.S. Supreme Court's recent ruling in Chevron USA v. Plaquemines Parish, companies seeking to use federal officer removal to move litigation out of state court should ask three questions, focusing on government contract language, federally directed activity and related conduct, say attorneys at Hollingsworth.

  • Series

    Competing At Poker Makes Me A Better Lawyer

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    Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

  • Revisiting TransUnion's Underused Standing Rule, 5 Years On

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    The Ninth Circuit Court of Appeals' recent use of the U.S. Supreme Court’s now five-year-old TransUnion v. Ramirez rule specifying that the "mere risk of future harm" isn't concrete enough to support a damages claim presents an opportunity to revisit this underutilized standing rule, say attorneys at Horvitz & Levy.

  • 5 Things Associates Must Ask About Their Firm's Merger Plan

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    The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

  • Uncertainty Looms After Justices' Withdrawal Liability Ruling

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    The U.S. Supreme Court's recent holding in M&K Employee Solutions v. Trustees of the IAM National Pension Fund increases the unpredictability of withdrawal liability assessments, so employers should prepare for a range of assessments and be equipped to challenge unreasonable ones, say attorneys at Winston Taylor.

  • CFTC Trading Rule Can't Police Prediction Markets Yet

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    The Commodity Futures Trading Commission’s recent efforts to police insider trading in prediction markets through a post-Dodd-Frank anti-fraud rule exposes doctrinal gaps around misappropriation theory, leaving platforms to fill the void with win-rate-based surveillance, says attorney Tamara de Silva.

  • Columbia Software IP Ruling Tests Royalty Damages Model

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    The Federal Circuit's recent decision in Columbia University v. Gen Digital, vacating a damages verdict involving foreign software sales, provides guidance on ambiguities surrounding the worldwide royalty damages model established by the court's decision in Brumfield v. IBG two years ago, say attorneys at Munger Tolles.

  • Turning To The Courts When PBM Reform Falls Short

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    The effectiveness of state laws intended to regulate pharmacy benefit managers remains uncertain, but litigation — utilizing tried-and-true theories like breach of contract and fair dealing — offers another mechanism through which stakeholders may seek relief from PBMs, say attorneys at Reed Smith.

  • Opinion

    Immigration Appeals Rule Would Prevent Meaningful Review

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    Justice Stephen Breyer’s book “Making Our Democracy Work” offers a useful lens through which to consider what is at stake for the Executive Office for Immigration Review's legitimacy as the government asks the D.C. Circuit to revive an interim final rule that would have fast-tracked decisions by Board of Immigration Appeals, says Tara Kennedy at Kennedy Law.

  • 2 'Rocket Dockets' And The Rules That Propel Them

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    The fastest civil trial courts in the country are currently in the Eastern District of Virginia and the Southern District of Florida, and their chief judges provide insights into the court rules that keep them ahead, says Robert Tata at Hunton.

  • Retailer Risk Reduction Tips As Email Marketing Suits Surge

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    Amid a flood of email marketing lawsuits following last year's Washington Supreme Court ruling in Brown v. Old Navy, retailers seeking to avoid high litigation costs can take several steps to reduce risks by focusing on their email subject lines advertising sales, says Gonzalo Mon at Kelley Drye.

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