Appellate

  • September 29, 2026

    Botched Application Costs Zipper Co. $20M Tax Break

    A Georgia appeals court on Tuesday rejected a zipper maker's efforts to upend a county tax board's decision awarding it a roughly $40 million tax exemption instead of the $60 million it sought, saying the failure to attach a signed oath disclaiming fraud wasn't a trivial mistake.

  • September 29, 2026

    DC Circ. Weighs Limits On Boasberg's Contempt Inquiry

    A top Justice Department official told an en banc D.C. Circuit panel that a district judge should refer former Homeland Security Secretary Kristi Noem for contempt over the 2025 deportation flights to El Salvador and move on, saying the judge had no authority to wrap others into his inquiry.

  • September 29, 2026

    3rd Circ. Says No Contract Fees After Unripe Dismissal

    The Third Circuit held in a precedential opinion Tuesday that a district judge lacked the authority to decide a fee request stemming from a dispute between an oil and gas company and a landowner over the terms of their lease agreement.

  • September 29, 2026

    Fired Black Teacher Tells 4th Circ. To Revive Race Bias Suit

    A Black teacher is looking to reverse a summary judgment ruling in his racial bias suit favoring the charter school that fired him, telling the Fourth Circuit the school's allegedly conflicting reasons for terminating him support an inference of discrimination.

  • September 29, 2026

    NJ Panel Questions Atty's Authority In $600K Injury Settlement

    A New Jersey appellate panel Tuesday vacated a trial court's orders enforcing a $600,000 settlement in a personal injury case, sending the case back for an evidentiary hearing to determine whether counsel for one of the settling defendants had the authority to settle.

  • September 29, 2026

    Embattled Ga. Judge Looks To Oust JQC Panel Member

    A Georgia state judge said a Judicial Qualifications Commission panel member needs to step away from an ethics case against her because of the member's close friendship with a potential witness. 

  • September 29, 2026

    Full 5th Circ. Asked To Review Limited Partner Tax Ruling

    A Texas-based business consulting firm urged the Fifth Circuit's full bench to review a panel's revised opinion that narrowed a tax break for limited partners, arguing it eliminated a clear test for determining which partnership members are exempt from self-employment tax.

  • September 29, 2026

    10th Circ. Sides With Early Retirees In Union Pension Fight

    The Tenth Circuit on Tuesday backed a group of union retirees who alleged they were wrongly denied early retirement benefits from a multiemployer pension plan after they withdrew from work that was covered by a collective bargaining agreement, reviving one of their claims while rejecting an appeal from the plan's trustees.

  • September 29, 2026

    Tax Co. Urges 5th Circ. To Deny Microcaptive Rules Case Stay

    A global tax services provider asked the Fifth Circuit to deny the IRS' request to stay its challenge to the agency's reporting rules for microcaptive insurance companies pending the resolution of a similar case before the appeals court, saying it should be allowed to present its own arguments.

  • September 29, 2026

    11th Circ. Urged To Undo School's Ban On Penguins Book

    Book authors urged the Eleventh Circuit on Tuesday to overturn a Florida school's ban on a children's novel about two male penguins that partnered to raise a chick, arguing that the lower court unlawfully created a new exception for governments to regulate private speech. 

  • September 29, 2026

    Justices Allow Third-Country Removals To Resume, For Now

    The U.S. Supreme Court on Tuesday allowed the Trump administration to resume, for now, deporting immigrants to countries besides their own, while agreeing to review the legality of the practice.

  • September 29, 2026

    UCF Administrators Seek Immunity In Prof's Firing Suit

    Administrators for the University of Central Florida told the Eleventh Circuit on Tuesday that they should be entitled to qualified immunity on retaliation claims brought by a psychology professor after he posted about the death of George Floyd on social media in 2020.

  • September 29, 2026

    11th Circ. Won't Pause Sanctions Against Trump In IRS Case

    An Eleventh Circuit panel refused Tuesday to pause a district court's sanctions order barring President Donald Trump and others from citing the agreement he made to settle his $10 billion suit against the Internal Revenue Service while they appeal the order.

  • September 29, 2026

    Qualcomm Presses High Court To Ignore FedEx RPI Dispute

    Qualcomm wants the U.S. Supreme Court to skip a bid from FedEx to examine the Federal Circuit's refusal to review whether the technology company complied with real-party-in-interest requirements in a patent challenge, arguing the same type of dispute won't likely come up again.

  • September 29, 2026

    3rd Circ. Affirms Thomson Reuters' Westlaw AI Copyright Win

    The Third Circuit on Tuesday upheld Thomson Reuters' victory against Ross Intelligence Inc. in the first U.S. appellate ruling to address whether artificial intelligence training can be fair use of copyrighted material, upholding a Delaware federal court's decision that the startup infringed Westlaw headnotes by using material derived from them to develop an AI-powered legal search tool.

  • September 29, 2026

    DC Circ. Won't Rehear Ute Tribe's 1.5M-Acre Land Fight

    An en banc D.C. Circuit won't rehear a Utah tribe's petition to overturn a decision that says it has no compensable title to 1.5 million acres in the state after the Indigenous nation argued that the lower court misinterpreted an 1880 law.

  • September 28, 2026

    Immigrants Urge Justices To Block 3rd-Country Removals

    Immigrant rights advocates urged the U.S. Supreme Court on Monday to reject the Trump administration's request to continue deporting migrants to countries other than their nations of origin, contending the policy conflicts with federal law barring people's removal to places where they face likely persecution or torture.

  • September 28, 2026

    6th Circ. Narrows Scope Of Injunction On Ohio Hemp Law

    Ohio officials can enforce much of a state law that reclassified hemp products as marijuana, the Sixth Circuit has ruled, only prohibiting state officials from enforcing on certain companies the parts that put geographical limitations on where cannabis products can be sourced.

  • September 28, 2026

    Bayer's COVID Vax IP Suits Against Moderna, Pfizer Survive

    Bayer CropScience was cleared to pursue its patent infringement suits against COVID-19 vaccine makers Pfizer, BioNTech and Moderna, after a judge sitting in Delaware upheld its cases on Monday.

  • 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.

Expert Analysis

  • MF Doom IP Suit Highlights Hurdles For Trademark Claims

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    A recent lawsuit involving unauthorized merchandise bearing MF Doom's name and likeness is likely a preview of how infringement and counterfeit cases against online marketplaces will be defended going forward, shedding light on how intellectual property counsel can avoid dismissal of their claims, say Purdue Global Law School professor Scott Mortman and Southwestern Law School student Eden Burkow.

  • Calif. Drug Ruling Affirms Defect-Centric Liability Framework

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    The California Supreme Court's decision in Gilead Tenofovir Cases this week rejects a novel duty-to-innovate theory of negligence that could have reshaped product liability exposure well beyond the pharmaceutical industry, instead signaling that negligence claims premised on nondefective products are unlikely to succeed, say attorneys at Dechert.

  • Navigating Court Divergence On Method Claims And Venue

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    After the U.S. Supreme Court's recent Hikma v. Amarin decision putting a spotlight on the pleading standard for inducement, patent litigants must adapt to courts' differing approaches to how separate method steps affect the determination of patent venue validity, say attorneys at Weil.

  • AI, Prediction Markets Lead Securities Developments In 2026

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    Securities class actions tied to artificial intelligence and the battle over prediction market regulation both raise novel questions that courts are only beginning to address and that will continue to resonate throughout the second half of the year, say attorneys at Skadden.

  • Where Is The Line On Actionable Comms In Securities Cases?

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    Recent securities cases demonstrate the difficulty in discerning a clear difference between statements made in connection with the purchase or sale of securities and those that aren't, with that line more likely attributable to individualized factual situations than to any doctrinal differences of opinion between various courts, says Samuel Groner at Fried Frank.

  • NJ Supreme Court Ruling Exposes D&O Gaps For PE Boards

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    The New Jersey Supreme Court's recent decision in Mist Pharmaceuticals v. Berkley Insurance, barring directors and officers coverage, serves as a cautionary tale for private equity executives serving in overlapping roles at sponsor and portfolio companies, say attorneys at Reed Smith.

  • Post-Ismael Bias Cases Reinforce Familiar Employer Lessons

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    Despite the Eleventh Circuit's 2025 decision in Ismael v. Roundtree sparking concern that summary judgment could become more difficult for employers in discrimination and retaliation cases, courts continue to examine whether the employer's explanation, decision-making process and contemporaneous record tell a consistent story, say attorneys at Krevolin Horst.

  • Fed. Circ. In June: When Courts Can't Correct Patent Errors

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    The Federal Circuit's recent decision in Enanta v. Pfizer explores and clarifies the limits of what can be corrected in a patent application, even if the error is obvious, say attorneys at Knobbe Martens.

  • Challenging Detention After 5th Circ. Ends Bond Clocks

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    After the vacatur of the Fifth Circuit’s holding that the U.S. Constitution requires bond hearings for detained noncriminal noncitizens, practitioners should go back to filing habeas petitions, pending the court's en banc rehearing, says Kemal Hepsen at Mandamus Lawyers.

  • Patent Eligibility Bulletin: New USPTO Guidance And AI Risks

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    In the second quarter of 2026, the U.S. Patent and Trademark Office updated its subject matter eligibility declarations in line with its increasingly permissive patent eligibility stance, while the Federal Circuit rigorously applied the Alice framework in a decision that highlighted risks facing patent claims that utilize artificial intelligence and machine learning, say attorneys at Banner Witcoff.

  • State Of Insurance: Q2 Notes From Illinois

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    The second quarter of 2026 featured a trio of auto insurance opinions from Illinois' appellate courts, addressing a notice requirement, narrowing insurers' exposure for delayed payment of underinsured motorist claims, and creating a district split on coverage for employee-drivers under employers' policies, says Matthew Fortin at BatesCarey.

  • Why Courts Are Pushing Back On Greenwashing Laws

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    Recent Fourth Circuit and California federal court decisions blocking state greenwashing statutes on First Amendment grounds reveal a tension at the heart of environmental marketing regulation — while states want clarity, courts aren't prepared to let legislatures flatly ban categories of truthful commercial speech, say attorneys at DLA Piper.

  • 11th Circ. Opioid Appeal May Shift Public Nuisance Coverage

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    The Eleventh Circuit's recent ruling certifying to the Florida and Georgia Supreme Courts the question of whether insurers must provide coverage against suits claiming policyholders improperly distributed opioids may ultimately result in a counterbalance to the Delaware line of cases denying coverage for government opioid suits, say attorneys at Pillsbury.

  • Series

    Teaching SEC Investigations Makes Me A Better Lawyer

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    Instructing a law school course on U.S. Securities and Exchange Commission investigations has made me a more thoughtful, deliberate practitioner because it requires me to continually reassess and challenge what I know about securities law enforcement, how I know it and how best to explain it, says David Chase at Miami Law.

  • Monsanto Ruling Bolsters Generic Drug Labeling Preemption

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    The U.S. Supreme Court's recent decision in Monsanto Co. v. Durnell concerns herbicide labeling regulated by the Federal Insecticide, Fungicide, and Rodenticide Act, but also carries weighty implications for preemption of state law labeling claims against drug manufacturers, say Terry Henry and Ann Querns at Blank Rome and Melanie Leney at Aurobindo Pharma.

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