Appellate

  • August 07, 2026

    3rd Circ. Says Pharma Co. Suit Against Merck Belongs In India

    The Third Circuit has ruled that a dispute between Merck and a defunct Indian pharmaceutical company over a terminated relationship belongs in India.

  • August 07, 2026

    Trump Needs Congress' OK To Build Ballroom, DC Circ. Says

    A split D.C. Circuit on Friday backed a district judge's block on President Donald Trump's construction of a new White House ballroom, saying Congress had not "ceded unfettered authority to the executive branch to dramatically redesign, reshape and reconstruct the White House — the People's House — to fit a particular president's desires."

  • August 07, 2026

    FCC Demanded Fine In Misleading Way, AT&T Tells 5th Circ.

    AT&T is hoping to convince the Fifth Circuit to help it get back the $57 million it paid the Federal Communications Commission for selling off people's location data, despite a U.S. Supreme Court ruling that the agency had the right to issue the fine, by arguing it was tricked into paying.

  • August 07, 2026

    Judge Says Park Signage Suit Will Continue During Appeal

    A Massachusetts judge won't pause a district court's deadlines pending the outcome of a First Circuit appeal in a dispute over a decision to remove information about climate change, slavery and Indigenous history from National Park Service sites, saying the harm to the plaintiffs outweighs any harm to the defendants.

  • August 07, 2026

    Kalshi Wants Utah Gambling Law Blocked Pending Appeal

    Kalshi has urged a federal judge to issue an injunction barring Utah from enforcing its anti-gambling laws against the company's prediction markets while it appeals a ruling holding the state could do so.

  • August 07, 2026

    Texas Docs Can't Exit Patient's Hernia Surgery Death Suit

    A Texas appellate court has refused to toss a suit accusing two doctors of causing a hernia surgery patient's death, finding that the plaintiff submitted an expert report that met the "low threshold" required under the state's medical malpractice statute.

  • August 07, 2026

    Del. High Court Won't Toss Newsom Defamation Suit

    The Delaware Supreme Court has denied Fox News' call for a mid-case review of an April ruling that allowed California Gov. Gavin Newsom's $787 million defamation suit to proceed.

  • August 07, 2026

    Hyatt Says No Rehearing Needed In $300M Rewards Tax Fight

    The Seventh Circuit doesn't need to reconsider its decision to remand a dispute over the taxability of $300 million in funds from Hyatt Hotels' loyalty rewards program to the U.S. Tax Court, the hospitality giant told the court.

  • August 07, 2026

    J&J Fax Sent To Pharmacy An Unwanted Ad, 3rd Circ. Says

    In a precedential opinion Friday, the Third Circuit ruled a two-page fax Johnson & Johnson sent to a Florida pharmacy about its drug Xarelto was an unsolicited advertisement, reversing a lower court's finding and reviving a class claim filed by the pharmacy alleging the drugmaker violated the Telephone Consumer Protection Act.

  • August 07, 2026

    Mich. Estate Can Seek Damages For Lost Caregiving Services

    The estate of a woman who died after allegedly suffering complications from improperly managed blood-thinner treatment may seek damages for the household and caregiving services she would have provided to her husband, a Michigan appellate panel ruled Thursday.

  • August 07, 2026

    Immigrant Groups Seek 1st Circ. Stay On TPS Work Limits

    A coalition of immigration advocacy groups, a union and its affiliate asked the First Circuit to step in after a Massachusetts federal judge declined to freeze a one-year work authorization cap for those with temporary protected status, arguing that its members will suffer irreparable harm without immediate relief.

  • August 07, 2026

    Trump Renews Bid To Oust Fed's Cook Over Mortgage Claims

    The White House has notified Federal Reserve Gov. Lisa Cook that President Donald Trump is "considering" moving again to oust her from the central bank, setting up another potential legal battle after the U.S. Supreme Court blocked her removal in June.

  • August 07, 2026

    NY Court Says Town's Cannabis Zoning Rule Preempted

    A New York intermediate appellate court has found that the state's marijuana law preempts localities from enforcing more stringent location policies for marijuana stores than what is found in state law.

  • August 07, 2026

    Conn. $226K Atty Fund Seizure Holds Up At Appeals Court

    A Connecticut appeals court held Friday that an attorney who successfully challenged his 90-day suspension was not entitled to dismissal of a related order forfeiting the contents of his trust account, leaving the dispute ready for the Connecticut Supreme Court to weigh in again.

  • August 07, 2026

    CoStar Fights CREXi Bid To Stay Suit Over Quinn Emanuel DQ

    CoStar is urging a California federal court to reject a bid by Commercial Real Estate Exchange Inc., or CREXi, to pause a copyright suit while CREXi asks the Ninth Circuit to undo the disqualification of its Quinn Emanuel Urquhart & Sullivan LLP attorneys, arguing the stay request is "unsupported by law."

  • August 07, 2026

    Fla. Justices Say They Can't Force Gov.'s Judge Picks

    The Florida Supreme Court on Friday ruled that a former state appellate judge's petition to appoint a successor is moot because the vacancy was filled while the case was pending, adding that only the governor has the power to pick replacements. 

  • August 07, 2026

    5th Circ. Revives Afghan's Asylum Bid Over Translation Error

    The Fifth Circuit said immigration officials' doubts about an Afghan man's claims that he served as security personnel for high-ranking government officials in Afghanistan were not supported by the record, finding the inconsistencies in his testimony were not meaningful.

  • August 07, 2026

    Senator Considers Ethics Complaint Against 3rd Circ. Judge

    Sen. Chris Coons, D-Del., has indicated he is weighing whether to pursue ethics charges against U.S. Circuit Judge Jennifer Mascott of the Third Circuit in the wake of a news report stating she operated a public affairs agency from the bench.

  • August 07, 2026

    NJ Panel Says Arbitrators Don't Have To Disclose Remote Ties

    A New Jersey appellate panel on Friday rejected a former hospital employee's argument that an arbitrator's prior role as corporate counsel for a hospital her attorney had previously sued created a conflict of interest, ruling that such remote relationships don't create a conflict.

  • August 07, 2026

    Cornell Can't Strike Jury Demand In Recordkeeping Fee Suit

    A New York federal judge denied Cornell University's request to strike a jury trial demand in a class action alleging that excessive recordkeeping fees dragged down workers' retirement plan savings, saying the class is entitled to a jury because the complaint sought both legal and equitable remedies.

  • August 07, 2026

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen Cleary Gottlieb sue a former client it advised on the proposed sale of a holding company and the continuation of litigation between pharma giants Merck Sharp & Dohme and Merck KGaA over rights to the Merck name in the U.K.

  • August 07, 2026

    ERISA Recap: 6 Important Rulings From July

    The Ninth Circuit rejected a fund manager's bid to force a 401(k) suit into arbitration, a district court tossed a pension de-risking suit, and the D.C. Circuit unraveled a union pension fund's $13 million withdrawal liability win.

  • August 07, 2026

    Key Senator Backs Blanche, Likely Securing AG Confirmation

    Acting Attorney General Todd Blanche appears to have locked down the votes needed for his bid to be attorney general after Sen. Bill Cassidy, R-La., said Friday that he would support the nomination.

  • August 06, 2026

    Union Pacific Appeal Revives Environmental Insurance Claims

    A Washington appeals panel Thursday revived Union Pacific Railroad Co.'s insurance claims around environmental liability at four sites in Washington and Oregon, ruling that the locations fell outside the scope of the railroad's decades-old settlement agreements with U.S. Fire Insurance Co.

  • August 06, 2026

    TitleMax Rebuffed In 4th Circ. Bid To Halt Pa. Usury Case

    The Fourth Circuit has cleared Pennsylvania's banking regulator to continue its pursuit of $52.7 million in penalties from TitleMax for alleged interest-rate violations, rejecting a bid by the title lender's South Carolina arm to block the out-of-state enforcement proceeding. 

Expert Analysis

  • Columbia Software IP Ruling Tests Royalty Damages Model

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    The Federal Circuit's recent decision in Columbia University v. Gen Digital, vacating a damages verdict involving foreign software sales, provides guidance on ambiguities surrounding the worldwide royalty damages model established by the court's decision in Brumfield v. IBG two years ago, say attorneys at Munger Tolles.

  • Turning To The Courts When PBM Reform Falls Short

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    The effectiveness of state laws intended to regulate pharmacy benefit managers remains uncertain, but litigation — utilizing tried-and-true theories like breach of contract and fair dealing — offers another mechanism through which stakeholders may seek relief from PBMs, say attorneys at Reed Smith.

  • Opinion

    Immigration Appeals Rule Would Prevent Meaningful Review

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    Justice Stephen Breyer’s book “Making Our Democracy Work” offers a useful lens through which to consider what is at stake for the Executive Office for Immigration Review's legitimacy as the government asks the D.C. Circuit to revive an interim final rule that would have fast-tracked decisions by Board of Immigration Appeals, says Tara Kennedy at Kennedy Law.

  • 2 'Rocket Dockets' And The Rules That Propel Them

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    The fastest civil trial courts in the country are currently in the Eastern District of Virginia and the Southern District of Florida, and their chief judges provide insights into the court rules that keep them ahead, says Robert Tata at Hunton.

  • Retailer Risk Reduction Tips As Email Marketing Suits Surge

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    Amid a flood of email marketing lawsuits following last year's Washington Supreme Court ruling in Brown v. Old Navy, retailers seeking to avoid high litigation costs can take several steps to reduce risks by focusing on their email subject lines advertising sales, says Gonzalo Mon at Kelley Drye.

  • Why Nuclear Licensees Must Watch 2nd Circ.'s Holtec Review

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    In reviewing a New York federal court's preemption ruling concerning disposal of nuclear materials, the Second Circuit must confront the lower court's recognition of a purpose-based path to field preemption, which could be game-changing for nuclear material licensees, says Andrew Averbach at Womble Bond.

  • Calif. Ruling Lowers Bar For Health Data Breach Claims

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    The California Supreme Court's ruling in J.M. v. Illuminate Education offers protection for non-healthcare companies that maintain health-related data but also adopts a new and more plaintiff-favorable standard for breach of confidentiality that companies maintaining any health-related data should address, say attorneys at Cooley.

  • Florida Atty Fees Ruling Could End Expert Testimony Mandate

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    For over 60 years, Florida appellate courts have required an evidentiary hearing and expert testimony to support the reasonableness of an attorney fee award, but the Florida Sixth District Court of Appeal's recent Ruffenach v. Deutsche Bank National Trust ruling could make substantive changes to this requirement, say attorneys at RumbergerKirk.

  • Texas Ruling Leaves Key Oil Royalty Question Unresolved

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    The Texas Supreme Court's recent decision in Fasken Oil and Ranch v. Puig clarifies that royalty reservations containing “free of cost forever” language do not bar deduction of post-production costs — but it leaves open whether prices producers report to royalty owners should reflect what unaffiliated buyers would pay, says Robert Foss at Hinds Feat Advisors.

  • Justices Widen Path For Confiscated Cuban Property Claims

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    For Americans holding claims to confiscated Cuban property, the U.S. Supreme Court’s recent decision in Havana Docks v. Royal Caribbean Cruises means that the expiration of their property interest is no longer a bar and that any company using such property is now a potential defendant, say attorneys at Bracewell.

  • Your Next Litigation Hold Should Cover AI Chat Logs

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    The Delaware Chancery Court’s recent decision in Fortis Advisors v. Krafton to treat a CEO’s artificial intelligence chats as substantive evidence is being read as a discovery warning to litigators, but there is a second duty-to-preserve lesson that is especially pertinent to in-house counsel, say attorneys at Faegre Drinker.

  • Opinion

    High Court's Abortion Pill Stay Reinforces Appellate Principles

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    The U.S. Supreme Court's recent order in Danco Laboratories v. Louisiana, staying a Fifth Circuit ruling that reinstated an in-person requirement for dispensing the abortion medicine mifepristone, should be seen not as a definitive ruling on reproductive rights, but as an affirmation of a more disciplined jurisdictional reality, says Daniel Nardo at Nardo & Associates.

  • Series

    Studying Foreign Languages Makes Me A Better Lawyer

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    Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

  • 6th Circ. Ruling Highlights Split On Labor Cost Depreciation

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    The Sixth Circuit's recent decision in Schoening Investment v. Cincinnati Casualty throws into relief the fine lines of courts' varying interpretations of whether a commercial property insurer may justifiably depreciate labor costs to determine the actual cash value of damage, says Nabila Rahim at Zelle.

  • 6th Circ. Ruling Broadest So Far In Wave Of Habeas Decisions

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    The Sixth Circuit’s recent opinion in Lopez-Campos v. Raycraft provides the most developed structural reasoning among rulings in a widening circuit split over mandatory detention after undocumented entry into the U.S., and supplies immigration practitioners a template for due process arguments in favor of habeas relief, says Kemal Hepsen at Mandamus Lawyers.

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