Appellate

  • September 10, 2026

    DOJ Says Records Act Chills 'Candid' White House Advice

    The Justice Department urged the D.C. Circuit to vacate a lower court's order requiring the White House to comply with the Presidential Records Act, arguing in a new brief that the 1978 statute intrudes on executive power by requiring preservation of a wide range of documents.

  • September 10, 2026

    Insurer Wants Quick 8th Circ. 401(k) Forfeiture Suit Appeal

    UnitedHealth Group asked a Minnesota federal court to allow a quick appeal of the court's June decision refusing to completely toss allegations that the company misallocated forfeitures from an employee 401(k) plan, arguing differing opinions on the validity of the claims nationwide justified early Eighth Circuit review.

  • September 10, 2026

    4th Circ. Calls No-Bond Detention Policy 'Stain' On The Nation

    The Fourth Circuit on Thursday became the ninth appellate court to declare illegal the Trump administration's detention of immigrants without bond, calling the mass detention a "stain" on the nation and comparing it to the internment of Japanese-Americans during World War II.

  • September 10, 2026

    11th Circ. Urged To Undo Trial Loss For Hospital Ratings Org

    A Florida federal court order requiring hospital ratings nonprofit Leapfrog to revoke poor safety grades it issued to five hospitals owned by Tenet Healthcare Corp. violated the First Amendment, Leapfrog told the Eleventh Circuit in a Thursday opening brief challenging its bench trial loss.

  • September 10, 2026

    Apple Watch Ban In Masimo ITC Patent Case Hits High Court

    Apple Inc. has told the U.S. Supreme Court that the Federal Circuit improperly "lowered the bar" for meeting the U.S. International Trade Commission's domestic industry requirement in patent disputes, by affirming a decision that the Apple Watch infringed Masimo Corp. patents.

  • September 10, 2026

    Biosimilars Boast Big Savings But Face IP Risks, Report Says

    There are no biosimilar drugs in development for 90% of biologic products set to lose their patent exclusivity by 2034, according to a report released Thursday by the Association for Accessible Medicines, which warned that current patent policy threatens generic-drug development. 

  • September 10, 2026

    10th Circ. Backs 72-Year-Old's Firing Over Data Misuse

    The Tenth Circuit has sided with a Colorado city in an age discrimination lawsuit brought by a utility billing specialist who was fired after accessing a prospective tenant's private account information for personal use, finding she failed to show age bias drove her termination.

  • September 10, 2026

    11th Circ. Says Concealed Gun Alone Can't Justify Fla. Stop

    The Eleventh Circuit has vacated a felon's gun-possession conviction, saying police lacked reasonable suspicion to search him after noticing a gun protruding from his hoodie pocket because Florida law treats concealed carry as presumptively legal.

  • September 10, 2026

    11th Circ. Won't Reopen Ex-School Admin's Sex Bias Suit

    The Eleventh Circuit on Thursday upheld an Alabama school board's win over a former assistant principal's lawsuit alleging she was fired because she's a woman, concluding she couldn't overcome her former employer's explanation that she'd been found in a compromising position with a male colleague several times.

  • September 10, 2026

    9th Circ. Clears Boeing Of Liability In Police Helicopter Crash

    The Ninth Circuit affirmed a ruling Wednesday tossing product liability litigation over a 2022 Huntington Beach Police Department helicopter crash that killed an officer and injured another, finding the victims' claims against Boeing and other aircraft-makers are time-barred under the General Aviation Revitalization Act's 18-year statute of repose.

  • September 10, 2026

    Fla. Panel Orders New Trial In $604K PGA Resort Fall Suit

    A Florida appeals panel has ordered a new trial and vacated a $604,000 jury verdict in a woman's trip-and-fall suit against PGA National Resort and Spa, saying the trial court wrongly treated an out-of-date administrative rule as binding law.

  • September 10, 2026

    7th Circ. Won't Revive Mail Carrier's Race Bias Suit

    The Seventh Circuit declined to revive a U.S. Postal Service carrier's discrimination suit stemming from an altercation with his supervisor, who called police to escort him off the premises, ruling Thursday no reasonable jury could say the treatment, "however disrespectful or ill-advised," had anything to do with the carrier's race.

  • September 10, 2026

    Wash. High Court Takes Up Yakama Nation Fuel Tax Dispute

    The Washington State Supreme Court has granted a Yakama Nation fuel distributor's bid for direct review in a case challenging the state Department of Licensing's attempt to collect on a state fuel tax assessment.

  • September 10, 2026

    9th Circ. Seeks Calif. Justices' Input On USAA Rate Bias Row

    The Ninth Circuit on Thursday sought the California Supreme Court's input on a class action claiming that USAA discriminated against service members, certifying a question about whether the state insurance code prohibits insurers from charging lower-ranking military members who qualify as good drivers more than higher-ranking members who also qualify.

  • September 10, 2026

    5th Circ. Finds NC Worker Must Face Hurricane Ida Crash Suit

    The Fifth Circuit has revived claims from four people injured in a car crash with a utility worker in Louisiana following Hurricane Ida, finding that the North Carolina worker was not a "representative" of Louisiana or its municipalities, and thus not entitled to immunity under the state's natural disaster law.

  • September 10, 2026

    Colo. Judge Asked To Sanction Hospital In Gender Care Suit

    Transgender adolescent patients of Children's Hospital Colorado urged a state judge on Thursday to sanction the hospital for refusing to resume providing gender-affirming medical care for transgender youth patients, arguing that the hospital can't avoid its obligation to provide the care by blaming its providers.

  • September 10, 2026

    Patent Declaratory Judgment Actions Are Back In Vogue

    Companies facing threats of patent infringement lawsuits are increasingly embracing declaratory judgment actions, a trend attorneys attribute to two pro-patent-owner shifts: the low institution rate of Patent Trial and Appeal Board challenges and the growth of Amazon's internal patent dispute process.

  • September 10, 2026

    6th Circ. Shields Detroit Cops In Vacated-Conviction Suit

    The Sixth Circuit has ruled that qualified immunity applied to four Detroit police officers sued by a man who had spent 22 years in prison before his convictions for sexual assault and breaking and entering were thrown out, finding probable cause supported his prosecution even though dog-tracking evidence in the case was eventually discredited.

  • September 10, 2026

    9th Circ. Calls Foul On Judge's NCAA Five-Year Rule Injunction

    The NCAA's five-year eligibility limit may be a commercial rule subject to antitrust scrutiny, but a Nevada federal judge improperly blocked it to let a college baseball player keep playing with little evidence it constrained competition, the Ninth Circuit has said.

  • September 10, 2026

    DOJ Urges High Court To Revisit 9th Circ.'s Bar Of Nev. US Atty

    The Justice Department has asked the U.S. Supreme Court to revisit a recent Ninth Circuit ruling disqualifying the Trump administration's top federal prosecutor in Nevada, calling it a decision that imposes "ongoing confusion" in the executive branch.

  • September 10, 2026

    Blank Rome Atty Ouster Can't Be Appealed, Conn. Panel Rules

    The former executive director of a Connecticut public housing authority cannot challenge a judge's revocation of his Blank Rome LLP lawyer's case-specific appearance in a $16.2 million loan dispute, a state appeals court has ruled, finding a trial court decision sidelining the attorney was not a final judgment.

  • September 10, 2026

    6th Circ. Says Fatal Child Hold Excluded From Coverage

    Insurers do not have to indemnify a management services company for a child welfare agency in a lawsuit over the death of a 7-year-old who died after being restrained by workers, the Sixth Circuit said, finding the hold on the child, while improperly used, was considered an excluded professional service.

  • September 10, 2026

    1st Circ. Keeps USPS Ballot Mail Rule Blocked For Midterms

    The First Circuit on Thursday rejected a request from the U.S. Postal Service to lift a Massachusetts federal judge's order blocking new mail ballot requirements that the appellate court said would create "chaos and widespread disenfranchisement" just weeks before the November midterm elections.

  • September 10, 2026

    Indiana Justices Probe Timing Of Religious Abortion Suit

    Indiana justices sharply questioned both sides Thursday as they wrestled with whether the state's religious freedom law can be used to protect the abortion rights of Jewish women, repeatedly asking whether the case had developed enough to warrant a ruling.

  • September 10, 2026

    Mass. Panel Says Liquor Board Can Tailor Licensing Penalty

    A Massachusetts appellate court held Thursday that revoking a wholesale alcohol supplier's license for violating common ownership rules was not mandatory, finding that state law gives regulators leeway to impose a lesser punishment. 

Expert Analysis

  • 3 Rulings Show How Creditors Make Civil RICO Claims Stick

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    An Arizona federal court's recent decision concerning UniCredit Bank Austria is one of few in which creditors' claims against debtors for Racketeer Influenced and Corrupt Organizations Act violations have survived motions to dismiss, and these claims' substantial benefits make the rulings worth analyzing for guidance, says Brian Asher at Asher Research.

  • What Fed. Circ.'s Poultry Patent Ruling Says About 'About'

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    The Federal Circuit's recent decision in Enviro Tech v. Safe Foods highlights how approximation language in patent claims affects not only litigation outcomes, but also portfolio value, competitive positioning and prosecution strategy, say attorneys at Foley & Lardner.

  • Class Actions At The Circuit Courts: May Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings from cases involving allegations of Title VII violations, the Employment Retirement Income Security Act, prison dental care violations and overcharging for PACER access.

  • Texas Ruling Makes Avoiding Appraisal Nearly Impossible

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    By deciding that a coverage dispute doesn't nullify an appraisal clause, the Texas Supreme Court, in its recent Ace American Insurance ruling, makes appraisal nearly unavoidable in state personal auto and residential property disputes, says David Winter at Norton Rose.

  • Series

    NY Times Word Puzzles Make Me A Better Lawyer

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    Every morning I let The New York Times humble me with word games, which offer a chance to recalibrate my brain before the day's chaos arrives and remind me that a solution — whether to a puzzle or employment law issue — almost always exists once I find the right angle, says Amy Epstein Gluck at Pierson Ferdinand.

  • Tracking Tech Suit Is A Risk Management Reminder For Cos.

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    The Fifth Circuit recently heard oral argument in Rand v. Eyemart Express — an appeal that could reshape the legal landscape for businesses that deploy tracking tech on their websites — underscoring the importance of proactive risk management for companies across multiple industries, say attorneys at Blank Rome.

  • Series

    Law School's Missed Lesson: Diagnose Before Arguing

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    Law school often skips over explicitly teaching students how to determine what kind of problem a case presents before they commit to a particular doctrinal path, which risks building arguments that are internally coherent but externally misaligned, says Melanie Oxhorn at Kobre & Kim.

  • A Fed. Circ. Blueprint For Drafting Medical Device Patents

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    The Federal Circuit's decision in Constellation Designs v. LG last month, among other recent rulings, underscores the importance of emphasizing engineering, rather than clinical goals, when drafting patent claims for medical devices and software as a medical device, says Brandon Theiss at Volpe Koenig.

  • Decoding Arbitral Disputes: EU's Arb. Defense From Russia

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    The EU's latest package of restrictive measures against Russia marks a significant shift from merely resisting Russian jurisdictional tactics to proactively protecting arbitration and exclusive jurisdiction agreements, elevating the procedural importance of dispute resolution clauses, says Josep Galvez at 4-5 Gray's Inn Square.

  • Becoming The Biz-Savvy GC That Portfolio Companies Need

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    Candidates for general counsel roles at private equity-backed portfolio companies should prioritize proving their sector-specific experience, commercial judgment and ease with uncertainty — and attorneys hoping to be candidates in five to 10 years should start working on those skills now, says Dimitri Mastrocola at Major Lindsey.

  • Nielsen Appeal Tests Antitrust Limits Of Pricing And Bundling

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    In Cumulus v. Nielsen, the Second Circuit is considering a structural pattern in which a monopolist exploits upstream market power to foreclose downstream competition, which could potentially offer broad insight into how courts will assess exclusionary bundling and pricing defenses under antitrust law, says Luke Hasskamp at Bona Law.

  • Series

    Judges On AI: How Courts Can Survive The Tech Revolution

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    Colorado Supreme Court Justice Maria Berkenkotter and Colorado Court of Appeals Judge Lino Lipinsky de Orlov discuss how artificial intelligence has already fundamentally altered the legal system and offer tips for courts navigating deepfakes, hallucinations and a gap in access to AI tools.

  • 'Skinny Label' Arguments Spotlight Induced Infringement Risk

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    Recent oral arguments before the U.S. Supreme Court in Hikma Pharmaceuticals v. Amarin Pharma highlight the uncertain boundary between lawful generic competition through so-called skinny labels and induced patent infringement, with potential implications for patent holders’ communication, enforcement and causation strategies across industries, says Anton Hopen at Trenam.

  • A Framework For Habeas Relief After 5th Circ. Bond Ruling

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    Following the Fifth Circuit’s recent Buenrostro-Mendez v. Bondi decision foreclosing statutory bond for detained nonimmigrants not deemed admitted to the U.S., lawyers should adopt a framework that requests habeas relief pursuant to the Fifth Amendment’s due process clause, says Kemal Hepsen at Mandamus Lawyers.

  • 4th Circ. Ruling Will Rewrite Class Action Litigation Strategies

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    The Fourth Circuit's recent decision in Oliver v. Navy Federal Credit Union is the first from a federal circuit court to hold that motions to strike are inappropriate vehicles for challenging class allegations at the pleading stage, invalidating a tactic that had been used for decades, says Jim Francis at Francis Mailman.

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