Appellate

  • September 01, 2026

    McLane Model Keeps Drivers Overtime-Exempt, 9th Circ. Says

    A Ninth Circuit panel on Tuesday affirmed a lower court's ruling that truck drivers behind a proposed class action against food distributor McLane Foodservice Inc. are exempt from overtime pay, holding that the employees engaged in interstate commerce despite driving only in California.

  • September 01, 2026

    Copyright Chief Says Cook Ruling Bolsters Firing Challenge

    The U.S. Copyright Office's Shira Perlmutter has asked the D.C. Circuit to reverse a federal judge's refusal to block her firing by the Trump administration, arguing that the U.S. Supreme Court's June decision protecting Federal Reserve Gov. Lisa Cook undercuts the lower court's reason for denying her preliminary relief.

  • September 01, 2026

    Mass. Justices Uphold Plea Despite Police Corruption Claims

    The Massachusetts Supreme Judicial Court has affirmed the denial of a man's request to withdraw his guilty pleas to the murders of two women, saying he failed to show on appeal that serious Boston Police Department corruption in a related murder investigation tainted his own case.

  • September 01, 2026

    Securitas Can't Arbitrate Wage Class Action, Wash. Panel Says

    A former Securitas worker's proposed wage-and-hour class action against the guard service will move forward following a Washington appeals panel's ruling Monday that upheld a lower court's rejection of the company's bid to force the ex-employee into arbitration.

  • September 01, 2026

    4th Circ. Told Geofence Warrant Doesn't Meet New Standards

    The Fourth Circuit has been asked to rule that the geofence warrant at the heart of a major U.S. Supreme Court decision clarifying standards for location-data searches did in fact authorize an unconstitutional search in light of the high court's ruling.

  • September 01, 2026

    High Court Should Skip Ruby Tuesday Benefits Suit, SG Says

    The U.S. solicitor general has urged the Supreme Court to decline to consider a suit from former Ruby Tuesday executives alleging Regions Bank inadequately protected their retirement plan benefits that were liquidated in bankruptcy, saying the "idiosyncratic" nature of the dispute makes it a poor candidate for high court review.

  • September 01, 2026

    Toyota Can't Block Expert In Carbon Monoxide Death Suit

    A Georgia appeals court on Tuesday largely upheld rulings allowing a wrongful death and product liability case against Toyota to proceed over a fatal carbon monoxide poisoning linked to a keyless ignition vehicle, but said punitive damages were off the table.

  • September 01, 2026

    DC Circ. Reinstates Bergdahl Court-Martial Conviction

    The D.C. Circuit ruled Tuesday that a district court judge lacked jurisdiction to vacate Bowe Bergdahl's 2017 court-martial conviction for desertion, finding that only military appellate courts can directly overturn court-martial judgments and reversing a summary judgment decision that voided the conviction.

  • September 01, 2026

    7th Circ. Backs Removal Order Over Neglect Conviction

    The Seventh Circuit on Tuesday refused to halt a Mexican women's removal order, ruling that her 2012 Wisconsin state misdemeanor conviction for neglecting a child is a deportable offense that makes her ineligible for cancellation of removal.

  • September 01, 2026

    8th Circ. Backs $110M Deal For NAR Broker Fees Suit

    The Eighth Circuit sided against class action settlement objectors Tuesday and affirmed $110.6 million worth of settlements in antitrust class actions alleging the National Association of Realtors and brokerages followed anticompetitive NAR rules that artificially inflated broker commissions.

  • September 01, 2026

    Unified, Industry Orgs. Again Push Justices On PTAB Policies

    Unified Patents, Clearing House Payments subsidiary Askeladden and a series of industry groups have continued pressing the U.S. Supreme Court to accept petitions addressing the U.S. Patent and Trademark Office's patent review authority, this time in a case brought by Tesla.

  • September 01, 2026

    Colo. Panel Mulls Enviro Groups' Challenge To Emission Rule

    Environmental advocacy groups urged a Colorado appellate court to revive their challenge to a state agency's rule on emissions monitoring, arguing Tuesday that the rule allows most polluters to escape certain monitoring requirements by paying a fee, while the judges focused counsel on questions of statutory interpretation.

  • September 01, 2026

    Patent Owner Urges Fed. Circ. To Rethink Marking Decision

    A patent licensing company has urged the Federal Circuit to reconsider its ruling that patent owners must ensure that all licensees mark their products with patent information in order to recover presuit damages, saying the holding flouts the law and creates risks for patent owners.

  • September 01, 2026

    HHS Seeks 9th Circ. Review Of Tribal Opioid Clinic Order

    The U.S. Department of Health and Human Services has appealed to the Ninth Circuit for a review of a lower court order requiring the HHS' Indian Health Service to fund a Pechanga Band of Indians' opioid treatment facility.

  • September 01, 2026

    Foreign Air Carriers To Challenge FCC Altimeters Order

    The International Air Transport Association is challenging a Federal Communications Commission order requiring aircraft serving the United States to upgrade their radio altimeters but limits reimbursements to domestic carriers.

  • September 01, 2026

    DC Circ. Backs Fair Use Repairs On Med Device Software

    The D.C. Circuit on Tuesday ruled that using copyrighted data and computer programs for the purpose of repairing medical devices falls under the fair use exemption, rejecting a challenge from two industry groups that wanted to compel the Library of Congress to revise its rules on the issue.

  • September 01, 2026

    BioMarin To Get Royalties From Ascendis Under IP Settlement

    Ascendis Pharma will pay BioMarin Pharmaceutical Inc. royalties under an agreement resolving their patent disputes over competing treatments for children with a certain genetic disorder, ending proceedings at the U.S. International Trade Commission, in California federal court and other venues.

  • September 01, 2026

    11th Circ. Sends Coal Workers' Race Bias Suit To Trial

    The Eleventh Circuit reinstated a suit Tuesday from two Black workers who claimed a coal company fired them out of race bias, stating the court can't overlook evidence that a white worker fired the same day for the same conduct was allowed back while the Black employees remained terminated.

  • September 01, 2026

    Former In-House Atty May Take Whistleblower Claim To Trial

    An Illinois state appellate panel has revived a whistleblower claim a medical device company's former in-house counsel lodged alleging he was fired for refusing to "hide or park" money in the intellectual property division's budget, while upholding the company's early win on other claims.

  • September 01, 2026

    11th Circ. Backs Emory In Worker's Age Bias Suit

    The Eleventh Circuit affirmed a win for Emory University in a dispute with a former administrator who claimed she was fired due to her age, saying she waived her challenge by not objecting to a magistrate judge's report and didn't meet the heightened standard for plain error review.

  • September 01, 2026

    NLRB Urges Full DC Circ. To Respect Its Policy Views

    The National Labor Relations Board urged the full D.C. Circuit on Tuesday to rethink a recent panel decision limiting the court's regard for the agency's legal positions in a vigorous defense of the board's policymaking power after the U.S. Supreme Court scrapped a sweeping deference doctrine.

  • September 01, 2026

    Split 9th Circ. Rejects Biden-Era Entry Rule

    A now-expired Biden-era rule limiting asylum eligibility for noncitizens entering from the southern border ran afoul of the Immigration and Nationality Act, the Ninth Circuit ruled, noting the INA allows noncitizens to seek asylum regardless of how they entered.

  • September 01, 2026

    10th Circ. Revives Aviation Workers' Arbitration Fight

    The Tenth Circuit reversed a district court ruling exempting aviation customer service workers from arbitration, finding Tuesday that the lower court misread the Supreme Court's framework for determining when workers fall outside the Federal Arbitration Act by focusing on individuals rather than their job class as a whole.

  • September 01, 2026

    Machine Guns, Silencers Aren't Protected By 2nd Amendment

    A self-described "alt-right" conservative podcaster cannot have his firearms convictions overturned because a federal law banning machine guns does not violate his Second Amendment rights, the Third Circuit ruled Tuesday.

  • September 01, 2026

    Mich. Court Upholds City In Worker Racism Retaliation Suit

    A split Michigan Court of Appeals panel rejected whistleblower and civil rights claims filed by a former employee of a Detroit suburb, finding insufficient evidence to show a connection between a city councilman's alleged racist comments and her firing.

Expert Analysis

  • Opinion

    Rule Of Law Requires Gov't Engagement With Bar, Not Retreat

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    A federal agency's absence from national and local bar conferences, most recently illustrated by the U.S. Department of Justice's withdrawal from a New York City Bar Association white collar conference, disserves the bar, the government lawyers themselves and, ultimately, the administration of justice, says Muhammad Faridi at Linklaters.

  • Fed. Circ. Clarifies Standard For Contesting CICA Overrides

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    The Federal Circuit's recent holding in Life Science Logistics strengthens the hand of protesters facing an override of the Competition in Contracting Act stay, and a Court of Federal Claims decision the same day demonstrates that how a protester frames its requested relief remains critically important, says Richard Arnholt at Bass Berry.

  • The Paradoxical Duty To Adopt AI When You Can't Bill For It

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    Both billing for hours saved using artificial intelligence and preserving billable time by not adopting AI may violate rules of professional conduct, but until bar associations' ethics rules catch up to this emerging economic dilemma, firms must decide how to adjust fee structures themselves, says Ines Lassalle at Peyrot & Associates.

  • 4 Emerging Limits Of Employer Mental Health Notice Defense

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    A California appeals court's recent decision in Husband v. Target, addressing when an employer knows about an employee's undisclosed disability, leaves open questions about how changes in mental health awareness and workforce monitoring tools may raise the bar for what employers can claim not to know, says Benjamin Heller at RFZ Law.

  • Raptors Ruling Shows Risks Of Calif. Enviro Suit Intervention

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    Intervention in California environmental litigation can allow businesses to help defend agency approvals, but after a state appeals court's recent ruling in Raptors Are the Solution v. CropLife America, it is clear that intervention also carries a price — and that courts will hold parties accountable for the full arc of their litigation conduct, says Thierry Montoya at FBT Gibbons.

  • A Decade Later, Escobar Is Still Shaping FCA Cases

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    The U.S. Supreme Court's decision 10 years ago in Universal Health Services v. U.S. ex rel. Escobar changed the way in which lower courts evaluate False Claims Act cases — and the ruling remains vital in nearly every FCA case filed today, say attorneys at Bradley Arant.

  • Sripetch May Prove To Be An Empty Victory For The SEC

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    The U.S. Supreme Court's recent decision in Sripetch v. U.S. Securities and Exchange Commission held that the SEC need not prove pecuniary harm for disgorgement, but if the commission must still identify victims and distribute funds in a compensatory way, it faces the same economic problem as before the ruling, says Erin Smith at Compass Lexecon.

  • 9th Circ. Cooler Ruling Chills 1st Mover Lanham Act Claims

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    The Ninth Circuit's recent decision in Vericool World v. Igloo Products that Vericool's claim of being first-to-market with an ecocooler was not actionable under the Lanham Act largely foreclosed false advertising litigation over first mover status, so potential plaintiffs should instead look to patent counseling or intellectual property strategy for these claims, say attorneys at Manatt.

  • Mapping 5 Fronts Of The Prediction Markets Regulatory Battle

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    The legal framework governing prediction markets is under simultaneous challenge in five independent areas, and the outcomes will determine not just who can operate prediction markets, but the compliance obligations of every participant in the ecosystem, says Ivor Wolk at Manatt.

  • Patent Ruling Highlights Risks Of Late Inventorship Fixes

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    The Federal Circuit's recent decision in Implicit v. Sonos demonstrates the risk of forfeiture with retroactive correction of inventorship in inter partes review proceedings, with a clear message to the patent community that potential inventorship issues should be considered at every stage of a patent's life cycle, say attorneys at BCLP.

  • Adjusting IPR Tactics As Google Fights 'Settled Expectations'

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    Google’s petition for the U.S. Supreme Court to scrutinize the Patent Trial and Appeal Board's so-called settled expectations practice underscores why accused infringers facing older asserted patents should treat discretionary denial as a case-dispositive risk from day one, says attorney Abdul Abdullahi.

  • 3 Misconceptions About Justices' FCC Fines Ruling

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    The U.S. Supreme Court's June 4 Federal Communications Commission v. AT&T decision rejecting AT&T’s and Verizon’s argument that the commission's forfeiture process violates the Seventh Amendment has yielded three common reactions that misunderstand the decision as a matter of law and how the FCC actually operates, says Samuel Feder at Jenner & Block.

  • SEC Disgorged Fund Distribution Is Next Query After Sripetch

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    Following the Supreme Court's Sripetch v. U.S. Securities and Exchange Commission decision, investor harm isn't required for the SEC to obtain a disgorgement award, but future cases must resolve whether the commission will be freed from a requirement to distribute disgorged funds to the victims of alleged misconduct, says Daniel Walfish at Katsky Korins.

  • If Upheld, Wash. Millionaire Tax Could Upend State Law

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    The Washington Supreme Court could open the door to broader income, rental and corporate taxes if it defies precedent and the historically established desires of voters by redefining the state constitution's concepts of “income” and “property” to uphold a new tax on wages over $1 million, says Richard Birmingham at Davis Wright.

  • Trump Admin's Agency Records Purge Tests Judicial Notice

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    While courts commonly take judicial notice of data in government websites and reports, the Trump administration's recent modification or wholesale deletion of these sources means that litigants must look elsewhere to support trial admission of this information, says Jon Gryskiewicz at Lewis Baach.

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