Appellate

  • October 14, 2026

    Fed. Circ. Won't Revive UPL Patent, But Rejects Sanctions

    The Federal Circuit on Wednesday refused to bring back an agricultural fungicide patent owned by UPL Ltd. that was invalidated at the Patent Trial and Appeal Board, but also shot down a bid to sanction the Indian agrochemicals company.

  • October 14, 2026

    Fed. Circ. Affirms Toss Of Hulu Digital Advertising Patent Suit

    The Federal Circuit on Wednesday upheld a California federal judge's decision dismissing a suit brought by a patent-holding company accusing streaming giant Hulu of infringing patents covering advertising in digital media, finding the patent claims cover an abstract idea and lack an inventive concept.

  • October 14, 2026

    Feds Fight Top Court Review Of Ex-Defender's Sex Bias Suit

    The federal judiciary has urged the U.S. Supreme Court to reject a former assistant public defender's petition challenging its internal complaint process for workplace sex harassment, arguing the questions she presented weren't properly preserved in the lower courts.

  • October 14, 2026

    Ga. Atty Disbarred After Guilty Plea In Police Report Scheme

    The Georgia Supreme Court Wednesday disbarred a personal injury lawyer who pled guilty for his part in a scheme using stolen accident reports to find clients and financially benefit from settlement money.

  • October 14, 2026

    US Urges 4th Circ. To Reverse Afghan Families Entry Orders

    The Trump administration urged the Fourth Circuit to reinstate a travel ban on families seeking to join Afghan refugees granted asylum in the United States, arguing a lower court lacked authority to override the State Department's decision.

  • October 14, 2026

    1st Circ. Rejects Brown U. Prof's Challenge To Deportation

    The First Circuit has said it lacks jurisdiction to review a Brown University professor's deportation and five-year ban on trying to return to the United States, affirming a Massachusetts district judge's dismissal of her habeas petition.

  • October 14, 2026

    Voting Groups Tell High Court To Block Citizenship Proof Rule

    A number of voting rights groups are urging the Supreme Court to reject the Republican National Committee's bid to undo a Ninth Circuit ruling over two Arizona voting laws, saying the RNC failed to show that documentary proof of citizenship is necessary to vote by mail and in presidential elections.

  • October 14, 2026

    Jail Policy Referendum Needed Union Input, Pa. Justices Told

    A referendum to limit certain methods of restraining inmates at the Allegheny County Jail in Pittsburgh was void from the start because it had interfered with jail guards' safety and should have been bargained with the union, the guards' attorney told the Pennsylvania Supreme Court on Wednesday.

  • October 14, 2026

    4th Circ. Pauses Comcast DOL Appeal For High Court Case

    The Fourth Circuit put Comcast Corp.'s challenge to the U.S. Department of Labor's authority to hear a whistleblower retaliation case on hold pending a U.S. Supreme Court ruling on the agency's power to adjudicate employment disputes.

  • October 14, 2026

    4th Circ. Faults Board For Discounting Gang Death Threats

    A Fourth Circuit panel ruled an immigration appeals board erred when it refused to revisit a Honduran woman's asylum denial after gang members purportedly threatened to kill her and her daughter if they returned to that country.

  • October 14, 2026

    Pa. Property Transfer To Trust Found Subject To Tax

    A Pennsylvania man's transfer of property to his family's trust is subject to transfer tax because the trust was not an ordinary trust exempt from the tax, the state's Commonwealth Court ruled.

  • October 13, 2026

    What To Watch As Justices Weigh Video Privacy Law's Scope

    The U.S. Supreme Court is poised to hear arguments Wednesday over who can sue under the decades-old Video Privacy Protection Act in a dispute that experts say is likely to hinge on the approach the justices take to squaring the statute's original intent with the capabilities of modern tracking technologies.

  • October 13, 2026

    2nd Circ. Says Voyager's Bank Didn't Know About Fraud

    The Second Circuit has declined to revive a 53-count suit alleging Voyager Digital's former bank, Metropolitan Commercial Bank, was complicit in the now-defunct crypto lender's fraud, agreeing with the lower court that the suit failed to allege the bank knew about Voyager's fraud or aided in it.

  • October 13, 2026

    DC Circ. Mulls Whether EPA Can Set Waiver Post-Deadline

    The D.C. Circuit is set to decide if the Environmental Protection Agency is allowed to go back and change the amount of renewable fuel that gas-producing companies have to make in a given year after the deadline for doing so has passed.

  • October 13, 2026

    Kalshi Seeks Full 6th Circ. Review Of Sports Contract Ruling

    Kalshi is asking the entire bench of Sixth Circuit judges to take another look at a September ruling that declined to shield its sports event contracts from Ohio and Tennessee gambling regulators, arguing recent rule proposals from the U.S. Commodity Futures Trading Commission "substantially undermine" the appeals court's decision.

  • October 13, 2026

    Justices Won't Review 9th Circ. Revival Of Trafficking Case

    The U.S. Supreme Court on Tuesday declined to review the full Ninth Circuit's February ruling that Congress' 2023 bill clarifying civil liability for companies that "attempt to benefit" from human trafficking of Cambodian workers can apply retroactively.

  • October 13, 2026

    Del. High Court Upholds Forum Limit In Amazon Records Case

    The Delaware Supreme Court on Tuesday upheld a lower court's decision that both curtailed the type of records an Amazon shareholder can seek as it investigates alleged anticompetitive behavior at the company, and restricted where the investor can sue. 

  • October 13, 2026

    10th Circ. Skeptical Of NCAA Eligibility Injunction's Scope

    A Tenth Circuit panel appeared hesitant Tuesday to uphold an injunction issued by a Colorado federal judge that granted eligibility to thousands of NCAA athletes excluded from the organization's new eligibility rule implemented this year.

  • October 13, 2026

    Colo. Panel Probes Challenge To Large-Scale Feedlot Permit

    The Colorado Court of Appeals challenged environmental groups' opposition to a permit allowing large-scale animal feeding facilities to operate without certain monitoring requirements, but pressed counsel for both parties on Tuesday on the permit's purpose amid potential pollution to the state's waterways.

  • October 13, 2026

    Mich. High Court Forces Judge To Retire Over Misconduct

    The Michigan Supreme Court has ordered a former Jackson County judge to retire and barred him from holding judicial office again after finding he abused alcohol, sexually harassed female colleagues, interfered in court proceedings and deliberately concealed delays in issuing rulings.

  • October 13, 2026

    Justices Decline Review Of Gun Ban For Cannabis Felony

    The U.S. Supreme Court on Tuesday declined to review whether a Tenth Circuit ban on gun ownership for people convicted of nonviolent felony offenses conflicts with the high court's ruling earlier this year striking down gun regulations for drug users.

  • October 13, 2026

    Fed. Circ. Upholds Alice Ax Of Targeted Ad Patents

    The Federal Circuit on Tuesday refused to revive a series of patents relating to internet advertising in a dispute between rival ad platforms after a New York federal court found the patents didn't pass the U.S. Supreme Court's Alice test.

  • October 13, 2026

    Ex-U. Of Fla. Urologist Can't Get Sex Bias Suit Back On Track

    The Eleventh Circuit refused Tuesday to reinstate a lawsuit from a doctor who said gender discrimination got her removed from University of Florida's urology department, unpersuaded by her argument that a lower court prematurely shut down the bulk of her lawsuit.

  • October 13, 2026

    Mass. Panel Backs State Police Leader's July 4 Staffing Memo

    The head of the Massachusetts State Police has the power to prohibit officers from taking time off around the Independence Day holiday, the state's intermediate-level appeals court said Tuesday, affirming that the matter is not subject to collective bargaining.

  • October 13, 2026

    Wash. School District Defends Trans Policy At High Court

    A Washington state school district rebuked a suit challenging its permissive transgender athlete policies Tuesday, telling the U.S. Supreme Court that the legal fight is not nearly ripe enough for high court scrutiny. 

Expert Analysis

  • Opinion

    Fed. Circ. Should Redefine Functionality In Design Patents

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    The Federal Circuit should establish a framework for identifying the relevant article of manufacture to which functionality analysis applies, in order to enhance doctrinal clarity and better reflect the statutory foundations of design patent law, say attorneys at Knobbe Martens.

  • 9th Circ. Ruling Marks New Chapter In Risk Factor Tug-Of-War

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    The Ninth Circuit's recent dismissal of a securities fraud class action against SunPower is the latest in a growing line of cases addressing whether, if ever, a company's risk factor disclosures can give rise to potential liability, an area where the law remains unsettled, say attorneys at Alston & Bird.

  • Where AI Patent Risk Begins And How Records Can Help

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    The Federal Circuit's recent decision in Dental Monitoring v. Align highlights the importance of documenting how artificial intelligence-assisted inventions work, and how humans contributed, as such records can support inventorship, written description, eligibility and definiteness requirements, say attorneys at Sterne Kessler.

  • Harvard Morgue Deal Shows Stakes Of Good Faith Immunity

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    Harvard's recent $53 million payment to settle lawsuits concerning body part thefts from its medical school morgue spotlights the state’s Uniform Anatomical Gift Act, which only extends good faith immunity to anatomical donation stakeholders if certain conditions are met, says Christina Strong at Dilworth Paxson.

  • 4 Words In A 1980 Law Could Redraw Bank Lending

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    The Tenth Circuit's interpretation of a single phrase in the Depository Institutions Deregulation and Monetary Control Act could reshape interstate bank lending, requiring banks and fintechs to document loan-making functions, monitor repayment triggers, and reassess true lender and contractual risks, say attorneys at Sheppard.

  • Series

    Law School's Missed Lessons: Cultivating Good Judgment

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    Law schools generally overlook the role that solid judgment skills play in real-world practice, but attorneys can bridge the gap by strengthening their abilities to assess a case’s strengths and weaknesses, develop and execute effective strategies, and provide clear recommendations to clients, says Manny Caixeiro at Venable.

  • New Del. Corp. Law's Technical Tweaks Bring Broad Changes

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    While the new amendments to the Delaware General Corporation Law, which took effect on Aug. 1, appear technical, they have broad implications for wound-down corporations and carry personal exposure for whoever signed the certificate of dissolution, hinting at where entity law is heading next, says Ashwin Ram at Buchalter.

  • 5th Circ. Ruling Hints At Loper Bright's Effect On OSHA Suits

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    The Fifth Circuit's recent decision in Exxon Mobil v. Occupational Safety and Health Review Commission relied on Loper Bright to narrow the scope of illnesses that employers must record, signaling that courts may continue to scrutinize agency assertions that deference is due, say attorneys at Ogletree.

  • Loper Bright Unlikely To Upend DEA Rescheduling Challenges

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    As cannabis industry stakeholders await a U.S. Drug Enforcement Administration ruling on broader cannabis rescheduling, the U.S. Supreme Court's 2024 decision in Loper Bright to eliminate judicial deference to agency decisions should not dramatically affect cannabis rescheduling litigation risk, but it could marginally strengthen proponents' hand if the DEA denies rescheduling, say attorneys at Dentons.

  • Money Transmission Issue Looms For Prediction Markets

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    The circuit split recently created by the Ninth Circuit's ruling in Kalshi v. Assad has implications reaching beyond gaming regulation as, depending on the ultimate characterization of prediction market event contracts, platforms may face differing obligations under federal and state money transmission laws, say attorneys at Manatt.

  • The Deep Split Over Mandatory Detention, And What's Next

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    The government’s mandatory detention policy for noncitizens who entered the U.S. without inspection has led to a spate of decisions this year, with nine circuits rejecting the government's reading of the Immigration and Nationality Act against two that have accepted it, making the issue ripe for U.S. Supreme Court review, says attorney Kemal Hepsen.

  • Intersecting Investigation Risks Loom In Next Congress

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    Taken together, two July D.C. Circuit decisions and a recent U.S. Department of Justice opinion on executive privilege may affect the procedural defenses and privilege protections available to targets of oversight in the upcoming Congress, and companies should begin preparing now, say attorneys at WilmerHale.

  • Vanda Ruling Offers New Guide To Generic Labeling Disputes

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    The D.C. Circuit's recent decision in Vanda Pharmaceuticals v. U.S. Food and Drug Administration is significant for its guidance on when generic-drug labeling remains sufficiently similar to brand labeling and when a difference requires a statutory exception, says Shashank Upadhye at Upadhye Tang.

  • 9th Circ. Comet Ruling Spotlights Trade Secret Proof Burdens

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    The Ninth Circuit’s recent decision to vacate a $40 million verdict awarded to Comet Technologies in its trade secret dispute with XP Power underscores how the burden of proof differs between federal and state law, giving litigants a fresh perspective on several issues, including how a jury should be instructed, say attorneys at Cooley.

  • Attorneys Using AI May Have Ethical Duty To Redact Docs

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    The trajectory of legal ethics guidance in recent years strongly suggests that as redaction technology becomes more accessible, the failure to use it when uploading highly confidential materials into artificial intelligence tools will become increasingly difficult to defend as reasonable, say attorneys at Lewis Brisbois.

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