Appellate

  • September 11, 2026

    Attys Must Arbitrate $8 Oil To Fight $625K Sanction: 9th Circ.

    Class action lawyers slapped with six-figure sanctions for suing Walmart Inc. based on erroneous purchase information can't yet challenge the discipline, the Ninth Circuit ruled, suggesting they may first need to arbitrate grievances over an $8 bottle of avocado oil.

  • September 11, 2026

    Tesla Investors Press Del. High Court To Keep Cases In State

    Tesla Inc. investors have asked the Delaware Supreme Court to keep in the state a trio of lawsuits accusing the carmaker and its CEO, Elon Musk, of breaching their fiduciary duty, after a Chancery Court judge ruled earlier this year that the cases belong in Texas.

  • September 11, 2026

    9th Circ. Upholds Workers' $7.8M BART Vax Exemption Verdict

    The Ninth Circuit on Friday declined to disturb a $7.8 million verdict for six former San Francisco public rail employees who were let go after refusing the COVID-19 vaccine on faith-based grounds, finding that the transit system did not show that it couldn't have safely accommodated the workers.

  • September 11, 2026

    Prediction Markets Ask Justices To Settle Sports Wager Split

    Crypto.com on Friday became the third party to call on the U.S. Supreme Court to address the closely-watched circuit split on prediction market regulation, challenging a Ninth Circuit decision that allowed Nevada regulators to police certain sports event contracts since their "substance" appeared to be gambling.

  • September 11, 2026

    'Creative' Settlement Path For EPRs Shows Wording Risks

    T-Mobile's use of a contingency payment to end patent litigation with Kaifi LLC highlights the difficulty of alleged infringers challenging patents through ex parte reexaminations, a U.S. Patent and Trademark Office proceeding where they have no control, attorneys say.

  • September 11, 2026

    Calif. Panel Upholds Probation Therapy Terms

    A California state appeals court Friday affirmed probation terms requiring a man with substance abuse and personality disorders to attend therapy sessions at his probation officer's direction, finding trial courts have broad discretion in such matters.

  • September 11, 2026

    Kalshi Can Appeal Tribe's Sports Betting Claims, Judge Says

    A Wisconsin federal judge Friday said Kalshi can appeal a ruling allowing claims brought by the Ho-Chunk Nation to proceed, saying that since the issues involved will "certainly" make their way to the U.S. Supreme Court eventually, the Seventh Circuit should consider them now.

  • September 11, 2026

    11th Circ. Ruling Won't Prevent Qui Tam Constitutional Tests

    The Eleventh Circuit's holding that the False Claims Act's provisions letting private individuals sue on the federal government's behalf pass muster under the U.S. Constitution may do little to halt the growing wave of challenges seeking to knock down those provisions.

  • September 11, 2026

    5th Circ. Says Enviro Groups Timely In Prairie-Chicken Fight

    The Fifth Circuit on Friday allowed two environmental groups to join a lawsuit over the endangered designation of the lesser prairie-chicken, saying their second request to intervene was timely filed after the Trump administration made it clear it would stop defending the designation.

  • September 11, 2026

    Tatneft Says Ukraine Is Politicizing $173M Award Appeal

    The Russian oil company Tatneft pressed the D.C. Circuit on Thursday to restart litigation aimed at enforcing a confirmed $173 million arbitral award against Ukraine, accusing the country of relying on "unsupported assertions and innuendo" to keep the case on pause indefinitely.

  • September 11, 2026

    9th Circ. Leaves VA On Hook For Homeless Vet Housing

    The full Ninth Circuit Friday refused to revisit a ruling requiring the U.S. Department of Veterans Affairs to build supportive housing for homeless disabled veterans, sparking dissents that accused judges of swapping their robes for hard hats and "bulldozing" established disability law.

  • September 11, 2026

    Abbott Can Move Baby Formula Death Suit Out Of Illinois

    An Illinois state appeals court on Friday ordered the dismissal of a product liability suit alleging Abbott Laboratories' Similac formula caused a premature Florida infant's fatal case of necrotizing enterocolitis, finding the case belongs in Florida rather than Chicago's Cook County.

  • September 11, 2026

    7th Circ. Probes Ill. Nonprofit Demographic Disclosure Law

    A Seventh Circuit panel wrestled Friday with whether Illinois' law requiring nonprofits to publicize their demographic data merely encourages diversity or unconstitutionally compels speech, with one judge questioning whether its "nudging effects" establish an injury while another highlighted legislators' statements indicating a push to influence leadership or donor decisions.

  • September 11, 2026

    Academic Publishers Tell 2nd Circ. Antitrust Case Fell Short

    Major publishers of academic journals urged the Second Circuit to reject an appeal from researchers accusing them of colluding to eliminate pay for peer reviewers and impose other restrictions, saying the case is based on ethical guidelines that do not reflect a conspiracy at all.

  • September 11, 2026

    11th Circ. Backs $620K Award In Radiology Contract Fight

    The Eleventh Circuit upheld a $620,000 arbitration award in favor of an Indian teleradiology company against a radiology provider, finding the arbitrator did not exceed his authority by interpreting the parties' long-standing services agreement.

  • September 11, 2026

    DC Circ. Probes DOT Authority To Withhold Calif. Funds

    A panel of D.C. Circuit judges grilled a Trump administration attorney Friday over the U.S. Department of Transportation's move to slash California's federal highway funding because of the state's commercial driver's licensing rules for nondomiciled drivers, wondering whether the agency had any authority to take the drastic measure.

  • September 11, 2026

    Prediction Markets' High Court Clash Looks More Imminent

    The widespread clash over whether the regulation of prediction markets falls under federal or state jurisdiction was bound to land in the U.S. Supreme Court, and a new circuit split and urgent policy questions may force the justices' hands to take up the issue.

  • September 11, 2026

    FCC Can't Avoid Final Order On Fox Philly Issue, Court Told

    A media advocacy group told the D.C. Circuit on Friday that the Federal Communications Commission cannot sidestep its duty to issue a final order on whether to dismiss a petition over Fox TV's character fitness for a broadcast license in Philadelphia.

  • September 11, 2026

    Split Fed. Circ. Backs Amazon's Win Over Network Patent Suit

    A split Federal Circuit panel Friday upheld Amazon's escape from an infringement case over an AlterWAN Inc. network patent, with the dissenting judge saying the panel needlessly went "down the rabbit hole" and arrived at a "flat wrong" claim construction.

  • September 11, 2026

    Mass. Justices Eye Hardship Factor In Pension Loss Cases

    Massachusetts' highest court seemed open Friday to taking financial circumstances into account in deciding whether two former public employees should lose their pensions for committing overtime fraud, although one justice worried doing so would "invite chaos."

  • September 11, 2026

    Mich. Township Seeks To Pause Winery Events Fight

    A northern Michigan township asked a federal judge to dismiss or stay a lawsuit brought by several local wineries that claim the township is attempting to bypass a previous court ruling to block them from hosting special events, saying the township's appeal of that earlier ruling remains pending in the Sixth Circuit.

  • September 11, 2026

    Fed. Circ. Questions Medical Training Co.'s $100M Deal Theory

    A medical training startup urged the Federal Circuit on Friday to revive claims accusing Galderma of a "classic catch-and-kill strategy" to derail what it says could have been a $100 million deal with Allergan, but a three-judge panel questioned whether that theory had been properly presented below.

  • September 11, 2026

    Fed. Circ. Agrees Globus Didn't Infringe Spinal Surgery IP

    The Federal Circuit on Friday upheld a Pennsylvania federal judge's decisions clearing Globus Medical Inc. of infringing Moskowitz Family LLC spinal surgery tool patents, agreeing that language used in the patents' opening statement, or preamble, limited their scope.

  • September 11, 2026

    Corp. Transparency Law Unconstitutional, Justices Told

    The Supreme Court should find that the Corporate Transparency Act is unconstitutional to prevent a future administration from reviving its application to domestic entities, the National Small Business Association told the justices.

  • September 11, 2026

    'Quiet On Set' Makers Beat Producer's Libel Fight On Appeal

    A California appellate court Thursday reversed a lower court ruling and threw out Nickelodeon producer Dan Schneider's defamation suit against Warner Bros. Discovery and the makers of the "Quiet on Set" docuseries, finding that the series constitutes speech protected by the anti-SLAPP statute and Schneider isn't likely to win his claims.

Expert Analysis

  • Series

    The Biz Court Digest: Shoring Up Corporate Law In Maryland

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    Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

  • How End Of SEC 'Gag Rule' Affects Free Speech Certiorari Bid

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    The Securities and Exchange Commission's recent rescission of the so-called gag rule, which forbade defendants in settlements from denying the SEC’s allegations, may sway the outcome of a petition to the Supreme Court in a case challenging the rule on First Amendment grounds, say attorneys at Troutman.

  • 2nd Circ.'s Embedded Video Ruling May Protect Publishers

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    The Second Circuit's recent decision in Richardson v. Townsquare, dismissing an infringement claim arising from an embedding of a YouTube-hosted interview, reaffirms a potent defense for publishers who regularly use social media platforms' embed functionality, says Amanda Harris at Jassy Vick.

  • Federal Officer Removal After Justices' La. Pollution Ruling

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    In the wake of the U.S. Supreme Court's recent ruling in Chevron USA v. Plaquemines Parish, companies seeking to use federal officer removal to move litigation out of state court should ask three questions, focusing on government contract language, federally directed activity and related conduct, say attorneys at Hollingsworth.

  • Series

    Competing At Poker Makes Me A Better Lawyer

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    Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

  • Revisiting TransUnion's Underused Standing Rule, 5 Years On

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    The Ninth Circuit Court of Appeals' recent use of the U.S. Supreme Court’s now five-year-old TransUnion v. Ramirez rule specifying that the "mere risk of future harm" isn't concrete enough to support a damages claim presents an opportunity to revisit this underutilized standing rule, say attorneys at Horvitz & Levy.

  • 5 Things Associates Must Ask About Their Firm's Merger Plan

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    The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

  • Uncertainty Looms After Justices' Withdrawal Liability Ruling

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    The U.S. Supreme Court's recent holding in M&K Employee Solutions v. Trustees of the IAM National Pension Fund increases the unpredictability of withdrawal liability assessments, so employers should prepare for a range of assessments and be equipped to challenge unreasonable ones, say attorneys at Winston Taylor.

  • CFTC Trading Rule Can't Police Prediction Markets Yet

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    The Commodity Futures Trading Commission’s recent efforts to police insider trading in prediction markets through a post-Dodd-Frank anti-fraud rule exposes doctrinal gaps around misappropriation theory, leaving platforms to fill the void with win-rate-based surveillance, says attorney Tamara de Silva.

  • 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.

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