Appellate

  • September 09, 2026

    Airline Group Asks Justices To Review United Vax Bias Class

    An airline industry urged the U.S. Supreme Court on Wednesday to hear United Airlines' challenge to a Fifth Circuit ruling that preserved class status in a religious bias suit over United's COVID-19 vaccine mandate, arguing the appeals court ignored the myriad individualized issues at play.

  • September 09, 2026

    Hemorrhoid Pain Can Be A Disability, EEOC Tells 3rd Circ.

    The U.S. Equal Employment Opportunity Commission filed an amicus brief with the Third Circuit on Wednesday arguing that a former FedEx supervisor's hemorrhoid condition could rise to the level of a disability under federal anti-discrimination law, despite a trial court's conclusion otherwise.

  • September 09, 2026

    DC Circ. Declines To Halt DOJ's Cannabis Rescheduling

    The D.C. Circuit on Wednesday rejected a bid to freeze a final U.S. Department of Justice rule rescheduling medical marijuana while opponents challenge the policy in the appellate court.

  • September 09, 2026

    Del. High Court Upholds Under-21 Handgun Restrictions

    The Delaware Supreme Court has reversed a lower court ruling against a state law restricting handgun access for most 18- to 20-year-olds, finding the measure did not violate the Delaware Constitution's right to keep and bear arms.

  • September 09, 2026

    Rise Brewing Urges Justices To Let Juries Weigh TM Strength

    RiseandShine Corp. urged the U.S. Supreme Court on Tuesday to reject what it called the Second Circuit's outlier rule allowing judges to decide the strength of a trademark, arguing in its opening merits brief that the question belongs to juries because it hinges on how ordinary consumers perceive a mark.

  • September 09, 2026

    Ex-Judge, Law Profs Urge 4th Circ. To Limit Digital Warrants

    A former federal magistrate judge and a group of law school professors from around the country have urged the Fourth Circuit to find that a geofence warrant at the heart of a major U.S. Supreme Court decision is too broad in light of the high court's ruling.

  • September 09, 2026

    Fla. Panel Nixes $8.1M Injury Verdict In SeaWorld Suit

    A Florida appeals panel on Wednesday vacated an $8.1 million verdict in favor of a mother whose child was injured at a SeaWorld Halloween event, saying the trial court wrongly found that the child was an invitee when he snuck onto a circus trampoline, jumped on it and fell off.

  • September 09, 2026

    Mass. Justices Probe $8M Waterfront Sale To Audubon Group

    A justice on Massachusetts' top court asked Wednesday whether a court-appointed receiver had a duty to investigate more lucrative offers before selling an 18-acre abandoned industrial site to a nonprofit that intends to turn the property into a wildlife sanctuary.

  • September 09, 2026

    Mass. Justices Wary Of Easing Restrictions On Noncompetes

    Massachusetts top court justices hearing a case over a state law restricting noncompete provisions appeared reluctant Wednesday to carve out high-level employees who might sign such agreements as part of a separate deal for equity or other incentives.

  • September 09, 2026

    Ga. Atty Disbarred Over Bank Theft Conviction In Fla.

    The Georgia Supreme Court on Wednesday disbarred an attorney who pled guilty to a misdemeanor after allegedly robbing a Destin, Florida, bank and fleeing with $509.

  • September 09, 2026

    Economists Tell Fed. Circ. Float Rates Bar Temporary Tariff

    President Donald Trump's temporary global tariff lacked legal justification in the current international monetary system, a group of economists, including former U.S. Treasury secretary and Federal Reserve Chair Janet Yellen, told the Federal Circuit on Wednesday in a brief supporting challenges to the duties.

  • September 09, 2026

    2nd Circ. Says Ford Firing Dispute Needs Fresh Arbitration

    Ford Motor Co. does not have to rehire a worker the company fired twice in the early 2020s, the Second Circuit ruled, ordering a new arbitration to decide whether the worker deserves reinstatement after he was fired in 2020 for harassment and again in 2023 for lying.

  • September 09, 2026

    10th Circ. Sets Redo Of Tax Fraud Case To Study Legal Advice

    The Tenth Circuit ordered a Kansas federal court to revisit a woman's assertions that ineffective counsel led her to plead guilty to bank and tax fraud charges, saying the trial court needs to further examine whether she indeed received insufficient legal advice.

  • September 09, 2026

    3rd Circ. Seems Open To Reviving Doctor's Age, Sex Bias Suit

    A Third Circuit panel appeared receptive Wednesday to a physician's push for a second chance at her age, sex and disability discrimination suit involving a denied transfer, because the judges fired pointed questions at an attorney for the hospital where she had been a resident.

  • September 09, 2026

    Murdaugh Murder Retrial Venue Shift Fueled By Bias Concern

    A South Carolina trial court has approved a request to move Alex Murdaugh's murder retrial to a different county, finding the disgraced attorney could not expect a fair trial in Colleton County, where his wife and son were killed and where he was previously convicted for the crimes.

  • September 09, 2026

    5th Circ. Appears Skeptical Of La. Abortion Pill Suit

    Louisiana's solicitor general faced tough questions Wednesday from a Fifth Circuit panel about the state's standing to challenge federal regulations that allow abortion medication to be mailed to patients in the state.

  • September 09, 2026

    3rd Circ. Vacates Approval For NJ Pipeline Project

    The Third Circuit has vacated New Jersey's approval of a water quality certification for Transcontinental Gas Pipe Line Co. LLC's proposed Northeast Supply Enhancement project, ruling that the state unlawfully deferred requirements for monitoring and corrective action and failed to explain how the project would meet water quality standards.

  • September 09, 2026

    7th Circ. Revives Tube Slide Injury Suit Against Wis. Resort

    The Seventh Circuit has given a resort-goer another shot at personal injury claims against Mont du Lac Snowsports LLC and its insurer, finding that while he may have been a trespasser on an out-of-service tube ride, there is evidence that the resort acted recklessly in allowing him to use the tubes anyway.

  • September 09, 2026

    Justice Roberts Won't Pause Dutch Software Co.'s IP Trial

    U.S. Chief Justice John Roberts on Wednesday rejected a Dutch software company's bid to postpone an upcoming trademark trial with its former U.S. partner while it petitions for review of the lower court's injunction and contempt orders.

  • September 08, 2026

    DHS Asks Justices To Revive Voter Citizenship Database

    The Trump administration asked the U.S. Supreme Court Tuesday to reinstate the U.S. Department of Homeland Security's upgraded citizenship verification database ahead of this year's midterm elections, claiming a lower court's finding that the system is unlawful threatens election integrity.

  • September 08, 2026

    Mo. Keeps GOP Election Map Despite High Court Setback

    Missouri can use a new congressional map that favors Republicans in the midterms — even though it is supposed to obtain voter approval, and the U.S. Supreme Court earlier rejected an emergency bid to reinstate it — after a federal judge paused the state high court's decision prohibiting the map's use in November.

  • September 08, 2026

    9th Circ. Upholds Former Atty's Murder-For-Hire Conviction

    The Ninth Circuit on Tuesday refused to disturb the conviction of a former New York attorney accused of arranging to pay a hitman to kill the mother of his two young children in the midst of a custody battle, ruling that it doesn't matter that his payment was made to an undercover agent rather than a person who really intended to arrange for murder.

  • September 08, 2026

    8th Circ. Backs Tribal Court In Energy Co.'s Easement Fight

    The Eighth Circuit has agreed with a tribal judge and thrown out a federal court's preliminary injunction barring him from hearing a suit brought by members of the Three Affiliated Tribes against an energy company over an easement agreement.

  • September 08, 2026

    FCC Data Breach Reg Can't End-Run Congress, 6th Circ. Told

    Now that the Sixth Circuit has decided hold a full panel rehearing of its decision upholding the FCC's expanded data breach notification rules for telecommunications carriers, conservative legal groups are coming together to urge the appellate court to reject the Biden-era rule.

  • September 08, 2026

    Amgen Tells 4th Circ. No Point In Keeping CareFirst Suit Alive

    Amgen urged the Fourth Circuit to overrule a Virginia federal judge's refusal to dismiss CareFirst's lawsuit accusing it of unlawfully delaying biosimilar competition for Enbrel, arguing that the health insurer's alleged injury was actually caused by court orders enforcing Amgen's patents.

Expert Analysis

  • Managing OSHA Mental Illness Logs After 5th Circ. Vacatur

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    Employers with facilities in multiple states need to carefully weigh their recordkeeping procedures following the Fifth Circuit’s recent decision that the Occupational Safety and Health Administration cannot require employers to log work-related mental illness, as inconsistent logs across facilities may raise other issues, say attorneys at Haynes Boone.

  • Expect More Probes After 3rd Circ. Algorithmic Pricing Ruling

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    The Third Circuit's recent decision in Cornish-Adebiyi v. Caesars Entertainment, allowing algorithmic price-fixing claims to proceed past motions to dismiss, may serve as a road map for how to contend with increased litigation risk in this developing area of antitrust law, say attorneys at BakerHostetler.

  • Series

    Being In A Band Made Me A Better Lawyer

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    Playing shows in storied New York City venues and rehearsing with my bandmates in poorly ventilated rooms helped develop the professional qualities I rely on as a litigator, including an ability to collaborate with strong-minded equals and the determination to treat each client with singular focus, says Eliad Shapiro at Herrick Feinstein.

  • Notable Q2 Updates In Insurance Class Actions

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    After 2026's second quarter, there is more authority rejecting class certification on total loss valuation theories from courts at the federal circuit, federal district and state appellate level — along with a resolution of a novel issue of depreciation on a wildfire claim, says Kevin Zimmerman at BakerHostetler.

  • 10th Circ. Ruling Undermines False Ad 'Two Clicks' Rule

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    The Tenth Circuit’s recent ruling in KetoNatural Pet Foods v. Hill's Pet Nutrition substantially challenges a long-standing assumption that a company can avoid responsibility for promotional claims simply because the consumer encountered them by clicking a hyperlink to a third-party website, say attorneys at Venable.

  • How Drug Trial Prediction Markets Pose Insider Trading Risks

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    Multiple prediction market platforms have recently announced plans to offer event contracts related to clinical trial outcomes and regulatory decisions, creating new insider trading risks by expanding the group of people possessing related material nonpublic information far beyond traditional corporate insiders, say attorneys at King & Spalding.

  • Mich. Ruling Gives Consumer Protection Law Its Teeth Back

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    The Michigan Supreme Court's recent decision in Attorney General v. Eli Lilly, overruling key holdings in two earlier cases, means that Michigan businesses can no longer defeat allegations of deceptive conduct under the state's consumer protection law simply by pointing to any governmental regulation of the business, say attorneys at DiCello Levitt.

  • 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.

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