Appellate

  • 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.

  • 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.

Expert Analysis

  • 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.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

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    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • Steps For Employers After 7th Circ. BIPA Retroactivity Ruling

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    The Seventh Circuit's recent ruling in Clay v. Union Pacific sharply limits per-scan statutory damages theories in pending Biometric Information Privacy Act cases by retroactively applying a 2024 amendment, but employers should not mistake the holding for a broad safe harbor, say attorneys at Thompson Coburn.

  • How NEPA Review Has Changed Since Seven County

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    A year after the U.S. Supreme Court's decision in Seven County Infrastructure Coalition v. Eagle County instituted major changes to judicial review under the National Environmental Policy Act, courts are effectively applying the decision, but where things go from here may be up to agencies and project proponents, say attorneys at Venable.

  • A Midyear Look At Antiterrorism Act Jurisprudence And Policy

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    Plaintiffs have filed comparably fewer new actions under the Antiterrorism Act this year, though a handful of key decisions further defined the statute’s aiding-and-abetting standard and highlighted continuing risks for financial services companies, say attorneys at Skadden.

  • Justices' ICA Ruling Provides Certainty For Regulated Funds

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    The U.S. Supreme Court's recent ruling in FS Credit v. Saba that a contract-rescission provision of the Investment Company Act does not provide investors with a private right of action is a victory for the regulated fund industry, emphasizing that where Congress intended to create private remedies, it did so expressly, say attorneys at Simpson Thacher.

  • Justices' Obstruction Ruling Clears Venue-Challenge Path

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    While the U.S. Supreme Court’s recent ruling in Abouammo v. U.S. poses venue challenges for federal obstruction of justice prosecutions, it is a gift for defense counsel because it offers a clean, constitutional basis to challenge venue where a place of falsification and a place of investigation diverge, says Liz Aloi at MoFo.

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