Appellate

  • 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.

  • August 26, 2026

    5th Circ. Upholds Drug Negotiations In Blow To Big Pharma

    Medicare's landmark program of drug price negotiations doesn't flout constitutional provisions involving the separation of powers, due process or excessive fines, the Fifth Circuit ruled late Wednesday, delivering a fresh blow to the pharmaceutical industry's campaign to tee up U.S. Supreme Court review.

  • August 26, 2026

    9th Circ. Backs Google Privacy Deal With No Class Payouts

    A split Ninth Circuit panel Wednesday affirmed approval of a location data privacy deal that requires Google to pay $62 million to plaintiffs' counsel and third-party organizations but gives no money to individual class members, agreeing the structure was appropriate because direct distribution to all class members would be "infeasible."

  • August 26, 2026

    Oil Cos. Insist High Court Must End Colo. Climate Suit

    Exxon and Suncor Energy argued Wednesday in their latest brief urging the U.S. Supreme Court to end the city and county of Boulder, Colorado's climate change tort lawsuit against them that allowing the case to proceed would set a precedent that juries can make decisions on energy policy.

  • August 26, 2026

    5th Circ. Rejects Felon's 'Weird' Second Amendment Claim

    The Fifth Circuit upheld a Louisiana man's felon-in-possession conviction Wednesday, rejecting his challenge that a prior conviction for trying to take a police officer's pepper spray lacked a founding-era analogue sufficient to justify barring him from possessing a firearm, as well as rejecting his "weird" argument that the disarmament was unsuccessful.

  • August 26, 2026

    11th Circ. Vacates $10.25M Verdict Over Carnival Assault

    The Eleventh Circuit has vacated a $10.25 million judgment against Carnival Corp. and ordered a new trial on a passenger's suit claiming she was held in a storage closet onboard a cruise ship and was sexually assaulted by a crew member.

  • August 26, 2026

    Texas Appeals Court Affirms Injured Oil Worker's Loss

    An oil worker who was paralyzed when a wellhead fell on him failed to persuade a Texas appellate court to revive his negligence suit against the safety training contractor he blamed for the accident, with the court saying he presented no evidence that the company's training caused his injury.

  • August 26, 2026

    9th Circ. Panel Won't Revisit Boeing's $72M Trade Secret Loss

    A Ninth Circuit panel has rejected Boeing's bid for a panel rehearing of its August 2025 decision reinstating a $72 million jury verdict for electric jet startup Zunum Aero Inc. in a trade secret dispute, spurning the aerospace giant's fresh argument that the case belongs in the Federal Circuit because of the patent counterclaims involved.

  • August 26, 2026

    9th Circ. Denies Challenges To EPA Rule On Chemical Reviews

    The Ninth Circuit on Wednesday denied petitions challenging a U.S. Environmental Protection Agency rule related to when and how some new chemicals can be exempted from standard pre-manufacture review processes, ruling the agency acted in line with its statutory powers.

  • August 26, 2026

    Libertarian Org. Tells 9th Circ. Not To Let Canadian Sue Google

    The Washington Legal Foundation sought Wednesday to back Google against a British Columbia man's efforts to revive "a thematic copycat" of Epic Games' antitrust lawsuit, telling the Ninth Circuit that a California federal judge rightly deemed Google's Play Store policies too disconnected from prices paid by Canadian Android users.

  • August 26, 2026

    Fed. Circ. Brings Back Telecom Patent Challenged By Cisco

    The Federal Circuit on Wednesday restored a patent that the Patent Trial and Appeal Board found invalid after Cisco Systems Inc. challenged it, disagreeing with the claim construction the board adopted.

  • August 26, 2026

    Ga. Judge Voids $6M Life Insurance Policy As Illegal Wager

    A Georgia federal court found a $6 million life insurance policy amounted to an illegal wager and voided the contract, striking down a wealth management company's suit that challenged an insurance business' decision to renege on the policy.

  • August 26, 2026

    2nd Circ. Says Shield Law Covers Doctor In COVID Death Suit

    The Second Circuit on Wednesday affirmed the dismissal of a Connecticut estate's malpractice suit alleging a doctor negligently prescribed high doses of prednisone to an elderly COVID-19 patient who subsequently died of organ failure, finding the suit is barred under the Public Readiness and Emergency Preparedness Act.

  • August 26, 2026

    Creek Nation Refutes Tulsa DA's Stance On State Crime Cases

    The Muscogee (Creek) Nation has told the Tenth Circuit that Oklahoma's Tulsa County district attorney gets it wrong in stating that he has the authority to prosecute nonmember Native Americans for nonmajor crimes committed on the federally recognized tribe's reservation.

  • August 26, 2026

    Miami Politicians Must Face Ex-Top Cop's 1st Amendment Suit

    Three former Miami city commissioners aren't shielded by the doctrine of qualified immunity from a fired police chief's First Amendment lawsuit, but the former city manager is, the Eleventh Circuit ruled Wednesday, saying the manager didn't know he risked violating the Constitution by suspending the chief before the firing.

  • August 26, 2026

    DC Circuit Upholds Approval Of La. LNG Terminal, Pipeline

    The D.C. Circuit on Tuesday rejected a challenge to the Federal Energy Regulatory Commission's approval of a $10 billion liquefied natural gas terminal and pipeline in Louisiana, denying petitions from environmentalists saying the commission had unjustifiably dismissed threats to the climate stemming from the project.

  • August 26, 2026

    5th Circ. Won't Reopen Apex's SEC Deal For Better Terms

    The Fifth Circuit has denied Apex Clearing Corp.'s petition to revisit its settlement agreement with the U.S. Securities and Exchange Commission over the clearinghouse's purported failure to keep records of off-channel communications, finding that other firms receiving more favorable settlement terms later on was not grounds for modification.

  • August 26, 2026

    Ill. Aid-Fixing Trial Delayed As 7th Circ. Review Proceeds

    Students and several elite private universities will have to postpone their trial over an alleged financial aid fixing scheme while the Seventh Circuit reviews expert-related findings that have allowed the case to proceed as a class action, an Illinois federal judge said Wednesday.

  • August 26, 2026

    5th Circ. Revives Bank's Bid For Ponzi Proceeds

    A Washington bank will get another shot at proving it is owed more than the $2.5 million it was awarded as a Ponzi scheme victim, with the Fifth Circuit ruling a lower court didn't grant the bank due process in approving a report from the receiver handling reimbursement.

  • August 26, 2026

    Fed. Circ. Backs Expanded Duties On Chinese Canvas Imports

    Imports of a type of rolled canvas from China are subject to a duty order on certain artist canvases, a Federal Circuit panel affirmed Wednesday, rejecting an importer's claim that the coating on its products didn't promote the "adherence" of ink in the same way.

  • August 26, 2026

    Fla. Panel Lets Law Firm Appeal Bid For Doc's Income Files

    Florida's Third District Court of Appeal on Wednesday granted a petition for a writ of certiorari to the Law Offices of Adorno-Cunill & Damas PL in a malpractice case brought against it resulting from a divorce proceeding.

  • August 26, 2026

    7th Circ. Holds High Court Ruling Supports Ark. PBM Rule

    The Seventh Circuit refused Wednesday to revive a union fund's challenge to an Arkansas rule making health plans disclose pharmacy compensation and pay fees, backing a lower court's holding that the rule was in line with a 2020 U.S. Supreme Court ruling that permitted state cost regulations on pharmacy benefit managers.

  • August 26, 2026

    Ohio Justices Say Guilty Plea Needn't Be Fully Explained

    The Ohio Supreme Court on Wednesday ruled courts can presume a criminal defendant understands pleading guilty means a complete admission of guilt, even if the judge does not explicitly tell the defendant so, unless the defendant asserts his actual innocence.

  • August 26, 2026

    Samsung, Apple Warn Against Google Payment Ban

    Samsung and Apple told the D.C. Circuit that they are backing he district court's decision to reject a proposed ban on Google's payments to device distributors, with Samsung saying the ban would deprive it of the revenue it needs to help fund research and development in its mobile business unit and Apple saying it would only benefit Google at the expense of customers and third parties. 

  • August 26, 2026

    Mich. Appeals Court Upholds Probate Judge Candidate DQ

    A candidate hopeful for Wayne Probate Court judge will not appear on the ballot in November after a Michigan Court of Appeals panel on Tuesday affirmed a lower court's decision that her nominating petitions did not have enough signatures to garner her certification.

Expert Analysis

  • Justices' FTC Ruling Weakens Qui Tam's Constitutional Base

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    The U.S. Supreme Court’s holding in Trump v. Slaughter, expanding presidential control over those exercising executive power, suggests that courts may be receptive to arguments challenging the constitutional foundations of the False Claims Act’s qui tam mechanism, says Daniel Passeser at Wiggin.

  • 9th Circ. Rule Block Unlikely To Deter FinCEN Cartel Focus

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    The Ninth Circuit recently blocked the Financial Crimes Enforcement Unit's border cash reporting rule, interpreting it as an impermissible use of an emergency anti-money laundering tool, but regulators are more likely to see the opinion as a road map for building a more defensible rule, say attorneys at Bradley Arant.

  • 5 Financial Statement Fraud Red Flags To Spot Post-Sripetch

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    The U.S. Supreme Court recently held in Sripetch v. U.S. Securities and Exchange Commission that disgorgement exists to strip a wrongdoer of unjust enrichment, not merely to compensate victims for what they lost, shifting the work at the center of securities fraud cases in five ways, says Rand Manasse at Green Lane Partners.

  • QVC Ch. 11 Confirmation Shows Independent Directors' Value

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    QVC's recently confirmed Chapter 11 plan joins a growing body of restructuring precedent demonstrating that well-functioning independent director frameworks can create the evidentiary and governance foundation necessary to resolve complex intercompany disputes, preserve value and secure judicial approval of contested transactions, say attorneys at Choate.

  • Series

    Being A Sommelier Makes Me A Better Lawyer

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    Being a sommelier has quietly shaped how I practice law by changing the way I think, communicate and connect with people, and offers a constant reminder that expertise is about making your knowledge useful and accessible to others, says Kara Du at Sheppard.

  • 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.

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