Appellate

  • September 17, 2026

    9th Circ. Revives Laos' $5M Enforcement Bid In Casino Case

    The Ninth Circuit on Thursday revived the government of Laos' bid to enforce some $5 million in arbitral awards against an entrepreneur who was not party to an underlying arbitration stemming from an ill-fated casino venture, saying a lower court should have taken a closer look at the government's arguments.

  • September 17, 2026

    Appeals Court Skeptical Biz Court Is Wrong Place For Perot Suit

    Texas appellate judges seemed skeptical Thursday of a Dallas businessman's claim that the Texas Business Court doesn't have jurisdiction over his multimillion-dollar suit against Ross Perot Jr., saying the money at stake seems to make the case a fit for the Business Court.

  • September 17, 2026

    Texas Court Lets NC Bishop's Confession Testimony Stand

    The Texas Court of Criminal Appeals declined to review a ruling that affirmed the admission of a North Carolina bishop's testimony about a man's murder confession, prompting a pointed dissent Thursday over a lower court's application of another state's law.

  • September 17, 2026

    NFL Agent Blocked From Defending Poaching Suit, 3rd Circ. Told

    Counsel for NFL agent Todd France told a Third Circuit panel Thursday that his client was deprived of the opportunity to fight allegations that he poached another agent's client, asking the court to vacate an $810,846 arbitration award against him.

  • September 17, 2026

    7th Circ. Questions Illinois' Out-Of-State Liquor Delivery Ban

    The Seventh Circuit seemed unsure Thursday whether it should back a district court decision tossing two wine collectors' constitutional claim against an Illinois law barring out-of-state retailers delivering alcohol to in-state customers, questioning the state's underlying reasoning for the ban.

  • September 17, 2026

    NY Urges 2nd Circ. To Halt DOT Efforts Vs. Congestion Pricing

    New York transportation agencies have urged the Second Circuit to shut down the Trump administration's continued efforts to eliminate congestion pricing, saying the federal government doesn't have free rein to renege on cooperative agreements without justification.

  • September 17, 2026

    Ex-FCC Leaders Call ABC Probe Attack On Free Speech

    A bipartisan group of former top officials at the Federal Communications Commission on Thursday urged a D.C. federal court to put a halt to the agency's ongoing probe of ABC's Disney-owned stations, calling it an attack on free speech.

  • September 17, 2026

    10th Circ. Debates Bid To Revive Colo. Atty Fee Law Challenge

    Colorado residents and community watch groups urged the Tenth Circuit on Thursday to revive their constitutional challenge against a Colorado law that mandates attorney fee awards to local governments in certain land use disputes, fielding court questions on the case's reviewability and whether sovereign immunity applies.

  • September 17, 2026

    Justices Told Fed. Circ. Erred In Veterinary Software Feud

    A healthcare consulting services company wants the U.S. Supreme Court to review the Federal Circuit's refusal to revive its copyright and contract claims in a fight over rights to healthcare software for a U.S. Army veterinary records system.

  • September 17, 2026

    EPA Sued Over Power Plant Greenhouse Gas Rule Repeal

    Environmental and public health groups on Thursday sued the U.S. Environmental Protection Agency over its repeal of greenhouse gas emissions standards for power plants, accusing the agency of renouncing its legal obligation to tackle climate change-related pollution from the power sector.

  • September 17, 2026

    Michigan Court Pilot Aims To Aid Unrepresented Litigants

    The Michigan Supreme Court announced Wednesday that it is launching a pilot project, based on recent reforms in Utah and Arizona, that will allow trained nonlawyers to provide in-court support to people who cannot afford a lawyer in civil cases.

  • September 17, 2026

    2nd Circ. Upholds Removal Order Over Baseless Visa Filings

    A Second Circuit panel Thursday said immigration courts correctly determined a Philippine national granted lawful permanent resident status could be removed after a conviction for conspiring with others to submit false or misleading documents for H-1B visa applications.

  • September 17, 2026

    Ohio Panel Says Police Car Not 'Public Place' Under ID Law

    A split Ohio state appeals court has ruled the back of a police cruiser does not qualify as a "public place" under state law, reversing a man's conviction for refusing to identify himself after he was placed in the back of a patrol car.

  • September 17, 2026

    Industry Groups, IP Attys Back High Court PTAB Denials Case

    The bar association for the Patent Trial and Appeal Board, a group of intellectual property law attorneys and others have urged the U.S. Supreme Court to scrutinize the discretionary denial policies of current U.S. Patent and Trademark Office leadership.

  • September 17, 2026

    GE Vernova, Vineyard Wind Drop Dispute Over Payment

    Vineyard Wind I LLC and a GE Vernova subsidiary have dropped their legal dispute over a $300,000 bill for work on turbines off the Massachusetts coast, according to Wednesday court filings.

  • September 17, 2026

    Fed. Circ. Approves $3.2M In Atty Fees In Diamond IP Case

    The Federal Circuit on Thursday affirmed a $3.2 million award of attorney fees to Fenix Diamonds LLC from the Carnegie Institution of Washington and its bankrupt former patent licensee M7D Corp., agreeing with a district judge that the asserted patent infringement claims were objectively baseless.

  • September 17, 2026

    'Bad Middle School Art' Tests Penn State's Counterfeit Bid

    A Third Circuit panel appeared reluctant Thursday to treat all of Vintage Brand's retro Penn State merchandise as counterfeit, even as the judges expressed skepticism about the print-on-demand retailer's broader bid to overturn a jury verdict finding that its unlicensed use of university marks infringed Penn State's trademarks.

  • September 17, 2026

    Firm Partners Can't Get Employment Tax Break, 2nd Circ. Says

    The Second Circuit held Thursday that $141.5 million in partnership income distributed to an investment company's principals was subject to self-employment taxes, following the Fifth Circuit's narrow interpretation for determining eligibility for a self-employment tax exemption for limited partners.

  • September 17, 2026

    Family Tells 11th Circ. Tesla Can't Undo $243M Crash Verdict

    The estate of a woman killed in a crash and her boyfriend are urging the Eleventh Circuit not to throw out a $243 million verdict against Tesla Inc., saying the jury heard enough evidence to conclude that the Tesla driver who hit them was misled about the safety of the vehicle's "Autopilot" feature and that defects in the vehicle led to the crash.

  • September 17, 2026

    7th Circ. Backs Concrete Co. In $23M Pension Exit Fight

    The Seventh Circuit turned down a multiemployer pension fund's bid to reinstate a $23 million withdrawal liability bill against a concrete company, splitting Thursday with two other appellate courts on interpreting how an employer's prior partial withdrawal applies to a future complete exit.

  • September 17, 2026

    Full Fed. Circ. Won't Rethink Pfizer's Paxlovid IP Win

    The full Federal Circuit on Thursday won't disturb a panel's refusal to revive a patent that Enanta Pharmaceuticals had accused Pfizer of infringing through its blockbuster Paxlovid COVID-19 treatment.

  • September 17, 2026

    Sonic Wins Appeal Bid To Arbitrate Suit Over Worker's Death

    The mother of a Sonic employee who was fatally shot in 2023 must arbitrate her wrongful death suit against the restaurant, Texas appellate justices said Thursday, finding that she didn't meet her burden showing Sonic substantially invoked the court process in a way that conflicted with its right to compel arbitration. 

  • September 17, 2026

    Fed. Circ. Tosses Protest Over Navy Contract Exception

    The Federal Circuit upheld the dismissal of a protest regarding an exception the U.S. Navy created and later removed under a solicitation seeking up to $10 billion in engineering and program management services, finding much of the protest moot.

  • September 17, 2026

    Fed. Circ. Reverses Denial Of Catheter Patent Claim

    The Federal Circuit on Thursday threw out a Patent Trial and Appeal Board decision that refused to give patent protection to the first claim in an Incept LLC medical catheter patent, saying the board needs to take another look.

  • September 17, 2026

    Minn. Homeowner Asks Justices To Undo Costs Order

    A self-represented Minnesota homeowner's effort to throw out tax court order recovering a county's litigation costs in a property valuation dispute will go before the state Supreme Court, according to a writ of certiorari filed Thursday.

Expert Analysis

  • How 6th Circ. Tightened NLRB Injunction Standard

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    The Sixth Circuit's recent ruling in Kerwin v. Trinity Health Grand Haven Hospital, dissolving a Section 10(j) injunction obtained by the National Labor Relations Board against an employer that refused to bargain, will make it harder for the NLRB to obtain injunctions while prosecuting unfair labor practice proceedings, say attorneys at Bass Berry.

  • After Durnell, Connecting Science And Causation Will Be Key

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    The U.S. Supreme Court's June 25 decision in Monsanto v. Durnell narrowed label-based failure-to-warn claims — meaning that going forward, viable theories will depend even more on whether experts can reliably connect scientific evidence to the causal proposition the law requires, says Alex Smolak at Weill Cornell Medicine-Qatar.

  • Series

    Choral Singing Makes Me A Better Lawyer

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    Singing in the New York City Bar Chorus — a hobby partly inspired by the late U.S. District Judge Richard Owen, who infused my clerkship year with opera music — has improved my legal career by refining my abilities to listen, exude confidence and develop emotional intelligence, says Bonnie Baker at Friedman Kaplan.

  • Attorney Mental Health Is An Ethical Obligation In The AI Era

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    As attorneys cope with the increasing unpredictability that artificial intelligence and constant policy changes have created, particularly in practice areas where they carry the emotional weight of clients’ most consequential life events, otherwise soft discussions about self-care are a matter of professional competence, says attorney Jack Jrada.

  • Tariff Refunds May Reshape Loan Covenant Calculations

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    Tariff refunds issued after the U.S. Supreme Court's Learning Resources decision may complicate borrowers' covenant calculations depending on accounting treatment, the timing of recognition, customer reimbursement obligations and credit agreement language, say attorneys at Mayer Brown.

  • The Case For Using Final-Offer Damages Forms In IP Suits

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    Recent Federal Circuit decisions, such as Ollnova v. Ecobee, that scrutinize verdict forms in patent infringement disputes potentially render the final-offer damages selection procedure more attractive, though it should not be seen as a replacement for patent damages doctrine, says Brandon Theiss at Addy Hart.

  • NY Defamation Carveout Hinges On Causation, Not Labels

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    A New York federal court's decisions in two cases involving tortious interference claims, and the recent Second Circuit ruling in Satanic Temple v. Newsweek Digital, highlight that the dispositive question for alleged defamation is whether injury flows through reputation or through direct interference with a relationship, says attorney Andrea Natale.

  • The Hidden Settlement Problem In Complex Securities Cases

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    The Second Circuit's recent decision in Knapp v. Barclays is a reminder that in securities cases with complex corporate records, the tracing picture is rarely as settled as the complaint suggests, and that conversations in the early stages require everyone to work from the same underlying facts, says Peter Kamminga at JAMS.

  • Key Tips For Patenting Antibody-Drug Conjugate Inventions

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    Recent decisions highlight the significant challenges that can arise when patenting antibody-drug conjugates, which require strategic considerations for satisfying heightened written description and enablement requirements, says Xiaoban Xin at FisherBroyles.

  • Series

    Power To The Paralegals: Burnout As A Structural Problem

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    Law firm leadership can best retain their paralegals not by encouraging self-care, but by seeking top-down structural solutions for the quiet proliferation of responsibilities and the vicarious exposure to client trauma that particularly drive burnout in this vital role, says Erika Sneeringer at Brockstedt Mandalas.

  • Managing Post-IEEPA Tariff Refunds, Replacements And Risks

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    Companies and investors reeling from the rapid changes resulting from February's U.S. Supreme Court ruling that the International Emergency Economic Powers Act doesn't authorize tariffs should focus on understanding the duty refund process, the likely replacement tariffs and the operational ways they can minimize their tariff exposure, say attorneys at Debevoise.

  • 11th Circ. Ruling Reflects Shift In Digital Consent Frameworks

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    The Eleventh Circuit's recent decision in Tejon v. Zeus Networks that a browsewrap terms-of-service hyperlink was insufficiently conspicuous to bind a consumer to an arbitration agreement could accelerate a broader industry shift to clickwrap as the baseline for enforceable digital consent, say attorneys at Sheppard.

  • Class Actions At The Circuit Courts: June Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five recent rulings from cases involving allegations of internet data misuse, consumer fraud claims, immigration, insurance and First Amendment violation claims.

  • Fed. Circ. In May: Being Precise About 'About'

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    The Federal Circuit's decision in Enviro Tech v. Safe Foods last month illustrates the danger in attempting to expand claim scope with words of approximation, potentially causing claims to be invalid for lack of definiteness, say attorneys at Knobbe Martens.

  • Justices' FCC Fine Ruling May Weaken Agency Leverage

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    The U.S. Supreme Court's decision in Federal Communications Commission v. AT&T upheld the commission's forfeiture framework as consistent with Jarkesy, but it is also likely to reduce the effectiveness of the commission’s forfeiture proceedings as a collection and deterrence tool, say attorneys at Venable.

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