Appellate

  • October 06, 2026

    Texas Justices Leery Of Banning AI Deposition Transcripts

    Texas Supreme Court justices seemed hesitant to bar attorneys outright from using artificial intelligence voice transcription software during depositions, pointing out Tuesday that multiple safeguards exist to ensure accuracy.

  • October 06, 2026

    3rd Circ. Backs Hybrid Test For Categorizing Sex Offenders

    The Third Circuit on Tuesday joined its sister circuits and adopted a "hybrid" framework to determine a sex offender's appropriate category under a federal registry law by looking at the text of state laws used to charge an offender, and weighing facts from the case.

  • October 06, 2026

    NJ Judge Backs Denial Of Painting Co.'s $350K Fee Bid

    A New Jersey federal judge rejected a painting company's challenge to a magistrate judge's ruling that denied its bid for a union pension fund to cover roughly $350,000 in legal fees, finding that the magistrate judge applied the correct legal standard in his findings.

  • October 06, 2026

    Ariz. Tribe Seeks Emergency Stop To Border Wall In DC Circ.

    The Tohono O'odham Nation is asking the D.C. Circuit for an emergency injunction pending appeal to block construction of a border wall on its Arizona reservation, telling the appellate court that the U.S. Department of Homeland Security intends to start construction as early as Monday.

  • October 06, 2026

    Fed. Circ. Overrules Albright, Sends Google IP Suit To Calif.

    The Federal Circuit on Tuesday overruled former U.S. District Judge Alan Albright's decision to keep a patent dispute between the University of Southern California and Google in the Western District of Texas, ordering the case transferred to California.

  • October 06, 2026

    DC Circ. Tells FCC To Respond In Fox Philly License Case

    The D.C. Circuit on Tuesday ordered the Federal Communications Commission to respond to an advocacy group's petition for court action to compel full commission review of a staff order that tossed a challenge to Fox TV's Philadelphia broadcast license.

  • October 06, 2026

    Texas Justices To Review Law Firms' Paxil Fees Fight

    The Texas Supreme Court has agreed to wade into a battle between two law firms over fees generated from litigation involving the antidepressant Paxil, with the dispute centering on application of the personal injury exemption in the state's anti-SLAPP statute.

  • October 06, 2026

    10th Circ. Revives Prosecution Of Utah Psilocybin Church

    The Tenth Circuit has revived a state court prosecution against a Utah church that uses the psychedelic psilocybin as a sacrament, saying the enforcement action did not violate religious freedoms and a lower district judge erred by halting it.

  • October 06, 2026

    EEOC Homes In On Causation In HR Group's 10th Circ. Appeal

    Workers don't have to show discrimination was the primary reason for a firing or other adverse action to win bias suits, the U.S. Equal Opportunity Commission told the Tenth Circuit, seeking permission to weigh in on a human resources group's challenge to an $11.5 million loss.

  • October 06, 2026

    3rd Circ. Judge Faces Ethics Complaint For Managing PR Firm

    A pair of U.S. senators from Delaware have filed an ethics complaint with the Third Circuit raising concerns over U.S. Circuit Judge Jennifer Mascott's purported operation of a public affairs agency, months after she was officially confirmed to the appellate court.

  • October 06, 2026

    Ex-FBI Analyst Says Bove Ordered Illegal Protester Probe

    A former FBI agent has come forward with a claim that when U.S. Circuit Judge Emil Bove was at the U.S. Department of Justice, he directed the Los Angeles field office to illegally investigate protesters.

  • October 06, 2026

    Judge Newman Gets Suspension Fight Moved To 11th Circ.

    Chief Justice John Roberts has transferred the Federal Circuit's investigation of suspended U.S. Circuit Judge Pauline Newman to the Eleventh Circuit, the latter court said Tuesday.

  • October 06, 2026

    DC Circ. Probes NewsGuard Over Harm From FTC Orders

    A D.C. Circuit panel probed an attorney for NewsGuard on Tuesday about the kind of harm a Federal Trade Commission investigation and merger settlement in the advertising industry caused the news ratings group.

  • October 06, 2026

    Cos. Say Trade Court Can Issue Nationwide Tariff Refunds

    The U.S. Court of International Trade has nationwide jurisdiction over matters involving trade laws, which should give it authority to order tariff refunds for importers that paid the unlawful duties whether or not they filed their own challenge at the trade court, businesses told the Federal Circuit.

  • October 06, 2026

    Justices Won't Hear Ex-Theranos Exec's Conviction Challenge

    The U.S. Supreme Court has declined to hear an appeal by Ramesh "Sunny" Balwani, former executive of the blood-testing startup Theranos, of his criminal fraud conviction and nearly 13-year prison sentence,

  • October 06, 2026

    Mass. Justices Say Image Sent To Victim Not 'Dissemination'

    Sending a secretly recorded nude image only to the subject of that photo does not amount to "dissemination" under a 2008 anti-voyeurism law, Massachusetts' highest court said Tuesday.

  • October 06, 2026

    Judge Backs Va. Tuition Pathway For Unauthorized Students

    A federal judge in Richmond rejected the Trump administration's bid to strike down Virginia laws allowing students who are unauthorized to be in the U.S. to pay in-state tuition at public universities, breaking with a Fifth Circuit ruling on Texas tuition rules and ruling that federal law doesn't preempt the state statutes.

  • October 06, 2026

    10th Circ. Says Courts Can Review Refugee Terminations

    A divided Tenth Circuit panel ruled that federal courts can review the government's finding that a refugee did not qualify for that status at the time of admission, finding that the threshold decision is nondiscretionary and thus not barred by a federal law restricting review of discretionary immigration decisions.

  • October 06, 2026

    Mich. Top Court To Hear If Touching Vehicle Is 'Occupying' It

    The Michigan Supreme Court will consider whether physical contact with a vehicle is enough to receive uninsured motorist coverage, as it hears an injured driver's plea to overturn a decision denying him coverage because only his hand was touching his truck when he was hit.

  • October 06, 2026

    7th Circ. Judge Hints Precedent Dooms Worker's Vax Fight

    A Seventh Circuit judge appeared disinclined Tuesday to restart a religious discrimination suit brought by a hospital pharmacy technician who was fired for refusing to get the COVID-19 vaccine, emphasizing that the same employer's recent win in a similar appeal is "binding authority."

  • October 06, 2026

    DC Circ. Not Sure Challenge To Border Wall Halt Still Has Legs

    The D.C. Circuit didn't seem convinced Monday morning it should breathe new life into a suit claiming that the Biden administration caused people legal injury and broke the law by not considering the environmental effects of reversing the Trump administration's border policies.

  • October 06, 2026

    Justices Seem To Support End To Intel 401(k) Fund Suit

    The U.S. Supreme Court appeared likely Tuesday to affirm a Ninth Circuit decision ending a federal benefits dispute against Intel Corp. from ex-workers who alleged that underperforming 401(k) funds breached fiduciary duties, as multiple justices indicated support for requiring that claims predicated on underperformance include meaningful comparisons.

  • October 05, 2026

    Justices Fret Any Climate Tort Ruling Will Open Pandora's Box

    U.S. Supreme Court justices Monday pondered the risks of far-reaching fallout whether they allow or restrict burgeoning lawsuits targeting oil companies, acknowledging fears of near-limitless litigation but also struggling to distinguish climate torts from famous legal battles involving tobacco and opioids.

  • October 05, 2026

    Judge Clevenger's Intellect Defined His Time On Fed. Circ.

    Newly retired Federal Circuit Judge Raymond Clevenger has an "exceptionally keen intellect" that allowed him to spot holes or new paths in cases that the parties or fellow panel members hadn't explored, his former colleagues told Law360.

  • October 05, 2026

    9th Circ. Says PREP Act Bars Pasadena COVID Policy Suit

    The Ninth Circuit on Monday refused to revive a Pasadena employee's suit challenging the city's COVID-19 safety policy for unvaccinated city employees, ruling that the city is immune from his claims under the Public Readiness and Emergency Preparedness Act.

Expert Analysis

  • Justices' Concurrences Foretell Fault Line On Appeal Waivers

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    The U.S. Supreme Court recently ruled 8-1 in Hunter v. U.S. that appeal waivers that produce a miscarriage of justice are unenforceable, but the decision's concurrences indicate future divisions over whether this exception will be used as a rare safety valve or to police ordinary but troubling plea errors, say attorneys at RJO.

  • How Montgomery Ruling Will Affect Cos. Across Supply Chain

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    Since the U.S. Supreme Court's May 14 decision in Montgomery v. Caribe Transport II, the immediate focus has been on freight brokers and negligent carrier-selection claims, but the ripple effects may extend to shippers, logistics providers, insurers, transportation managers and other participants in the supply chain, say attorneys at Quintairos Prieto.

  • High Court's FCC Fine Ruling Reframes Agency Enforcement

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    The U.S. Supreme Court's recent decision in Federal Communications Commission v. AT&T sweeps aside uncertainty about what kinds of regulatory enforcement trigger a Seventh Amendment right, say attorneys at Squire Patton.

  • How 6th Circ. Tightened NLRB Injunction Standard

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    The Sixth Circuit's recent ruling in Kerwin v. Trinity Health Grand Haven Hospital, dissolving a Section 10(j) injunction obtained by the National Labor Relations Board against an employer that refused to bargain, will make it harder for the NLRB to obtain injunctions while prosecuting unfair labor practice proceedings, say attorneys at Bass Berry.

  • After Durnell, Connecting Science And Causation Will Be Key

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    The U.S. Supreme Court's June 25 decision in Monsanto v. Durnell narrowed label-based failure-to-warn claims — meaning that going forward, viable theories will depend even more on whether experts can reliably connect scientific evidence to the causal proposition the law requires, says Alex Smolak at Weill Cornell Medicine-Qatar.

  • Series

    Choral Singing Makes Me A Better Lawyer

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    Singing in the New York City Bar Chorus — a hobby partly inspired by the late U.S. District Judge Richard Owen, who infused my clerkship year with opera music — has improved my legal career by refining my abilities to listen, exude confidence and develop emotional intelligence, says Bonnie Baker at Friedman Kaplan.

  • Attorney Mental Health Is An Ethical Obligation In The AI Era

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    As attorneys cope with the increasing unpredictability that artificial intelligence and constant policy changes have created, particularly in practice areas where they carry the emotional weight of clients’ most consequential life events, otherwise soft discussions about self-care are a matter of professional competence, says attorney Jack Jrada.

  • Tariff Refunds May Reshape Loan Covenant Calculations

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    Tariff refunds issued after the U.S. Supreme Court's Learning Resources decision may complicate borrowers' covenant calculations depending on accounting treatment, the timing of recognition, customer reimbursement obligations and credit agreement language, say attorneys at Mayer Brown.

  • The Case For Using Final-Offer Damages Forms In IP Suits

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    Recent Federal Circuit decisions, such as Ollnova v. Ecobee, that scrutinize verdict forms in patent infringement disputes potentially render the final-offer damages selection procedure more attractive, though it should not be seen as a replacement for patent damages doctrine, says Brandon Theiss at Addy Hart.

  • NY Defamation Carveout Hinges On Causation, Not Labels

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    A New York federal court's decisions in two cases involving tortious interference claims, and the recent Second Circuit ruling in Satanic Temple v. Newsweek Digital, highlight that the dispositive question for alleged defamation is whether injury flows through reputation or through direct interference with a relationship, says attorney Andrea Natale.

  • The Hidden Settlement Problem In Complex Securities Cases

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    The Second Circuit's recent decision in Knapp v. Barclays is a reminder that in securities cases with complex corporate records, the tracing picture is rarely as settled as the complaint suggests, and that conversations in the early stages require everyone to work from the same underlying facts, says Peter Kamminga at JAMS.

  • Key Tips For Patenting Antibody-Drug Conjugate Inventions

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    Recent decisions highlight the significant challenges that can arise when patenting antibody-drug conjugates, which require strategic considerations for satisfying heightened written description and enablement requirements, says Xiaoban Xin at FisherBroyles.

  • Series

    Power To The Paralegals: Burnout As A Structural Problem

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    Law firm leadership can best retain their paralegals not by encouraging self-care, but by seeking top-down structural solutions for the quiet proliferation of responsibilities and the vicarious exposure to client trauma that particularly drive burnout in this vital role, says Erika Sneeringer at Brockstedt Mandalas.

  • Managing Post-IEEPA Tariff Refunds, Replacements And Risks

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    Companies and investors reeling from the rapid changes resulting from February's U.S. Supreme Court ruling that the International Emergency Economic Powers Act doesn't authorize tariffs should focus on understanding the duty refund process, the likely replacement tariffs and the operational ways they can minimize their tariff exposure, say attorneys at Debevoise.

  • 11th Circ. Ruling Reflects Shift In Digital Consent Frameworks

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    The Eleventh Circuit's recent decision in Tejon v. Zeus Networks that a browsewrap terms-of-service hyperlink was insufficiently conspicuous to bind a consumer to an arbitration agreement could accelerate a broader industry shift to clickwrap as the baseline for enforceable digital consent, say attorneys at Sheppard.

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