Appellate

  • September 15, 2026

    Pa. Appellate Panel Scolds Attys In $18.5M Med Mal Case

    Attorneys from Burns White LLC and Philadelphia personal injury firm Bosworth & Associates both got a dressing-down from a Pennsylvania appellate panel over their conduct in a medical malpractice case, though the court upheld the $18.5 million jury verdict for the plaintiff.

  • September 15, 2026

    4th Circ. Appears Split On Reviving Comey, James Indictments

    Partisan splits were apparent Tuesday on the Fourth Circuit panel hearing the Trump administration's challenge to a federal district judge's dismissal of the indictments of former FBI Director James Comey and New York Attorney General Letitia James, with two of the three judges appearing to agree an improper appointment doomed the cases.

  • September 15, 2026

    Justices Urged To Leave Global Copyright Ruling Intact

    A Louisiana songwriter has asked the U.S. Supreme Court not to touch a ruling that allowed him to recover worldwide rights to the 1960s hit song "Double Shot (Of My Baby's Love)," saying a group of music companies had rushed the issue to the justices when only a single circuit court had weighed in.

  • September 15, 2026

    AIG Can Depose Former Texas Fraud Chief In Conduent Trial

    AIG can depose the former chief of the Civil Medicaid Fraud Division of the Texas Attorney General's Office as part of a trial to determine if the $236 million Medicaid settlement between the office and Conduent State Healthcare LLC was the result of fraud, a Delaware state court ruled.

  • September 15, 2026

    Empery Digital Loses Bid To Appeal Proxy Fight Ruling In Del.

    The Delaware Chancery Court has refused to let digital asset company Empery immediately appeal a ruling requiring it to put an activist investor's director slate on the ballot, finding the post-trial decision did not raise a novel legal issue warranting review before final judgment in the case.

  • September 14, 2026

    DOD's HIV-Positive Enlistee Ban Is 'Irrational,' 4th Circ. Told

    An attorney for people barred from joining the military for being HIV-positive called the policy irrational at a Monday en banc hearing at the Fourth Circuit, as some judges asked why they should scuttle that policy and overstep deference normally afforded to military leaders.

  • September 14, 2026

    5th Circ. Frees Ericsson Insurers In Terrorism Funding Row

    The Fifth Circuit found that multiple insurers have no duty to defend Ericsson Inc. against claims the company funded foreign terrorist organizations, saying that the suit brought by two groups of American victims of terrorist attacks alleged the company committed grave harm.

  • September 14, 2026

    7th Circ. Questions Union's Bid To Picket On Casino Sidewalk

    The Seventh Circuit seemed skeptical Monday of a Teamsters local's bid to picket on sidewalks outside a Caesars-owned casino as hundreds of employees work to unionize, suggesting the property seems too private to let the bargaining unit engage in its otherwise constitutionally protected activity.

  • September 14, 2026

    Fed. Circ. Saves Broadcom IP Suit, Says License Was Intact

    The Federal Circuit on Monday breathed new life into a company's patent and copyright infringement case against Broadcom Inc., saying in a precedential opinion that the plaintiff company didn't lose its right to bring the action when it switched its business to intellectual property enforcement.

  • September 14, 2026

    Fed. Circ. Vacates $486K, $4M Patent Trial Wins For NCS

    The Federal Circuit on Monday vacated NCS Multistage Inc.'s $486,400 trial victory over Nine Energy Service and its $4 million win against TCO Group, in a pair of disputes about the same oil well drilling patent.

  • September 14, 2026

    9th Circ. Rejects Challenge To Wash. Abortion Coverage Law

    Revisiting a church's First Amendment challenge to a Washington law mandating that certain health insurance plans include abortion coverage, a divided Ninth Circuit panel Monday concluded that the Cedar Park Assembly of God failed to point to evidence that Washington's Reproductive Parity Act targets religious conduct.

  • September 14, 2026

    Apple Urges High Court To Nix App Store Contempt Order

    Apple urged the U.S. Supreme Court on Monday to overturn a Ninth Circuit ruling that upheld a civil contempt order stemming from its decision to charge commissions to developers' transactions that steer users to cheaper outside payment methods to make purchases, saying it shouldn't be punished for violating the "spirit" of an injunction.

  • September 14, 2026

    ERISA Smoking Suit Must Be Arbitrated, Dollar General Says

    The Sixth Circuit should scuttle a proposed Employee Retirement Income Security Act class action against Dollar General by reviving and granting the company's motion to compel individual arbitration, Dollar General argued, saying a Tennessee federal judge didn't follow the right procedure when dispensing with the motion.

  • September 14, 2026

    Colo. Justices Clarify Requirement For Reviving Jury Trial Bid

    Colorado justices clarified Monday a rule on whether and when a party can revive a previously waived jury trial right by filing an amended pleading, unanimously rejecting a group of companies' argument that they timely revived their bid for a jury trial in a property damage dispute.

  • September 14, 2026

    Cumulus Tells 2nd Circ. Even Brief Stay Of Nielsen Order Is Bad

    Cumulus Media says it's going to be irreparably harmed if the Second Circuit doesn't lift the administrative stay it put in place stopping a preliminary injunction that Nielsen is challenging for the second time from going into effect while the appellate court looks at the matter.

  • September 14, 2026

    Pa. Top Court Snapshot: Ex-Sacks Weston Atty Discipline Case

    The Pennsylvania Supreme Court returns from its summer recess with arguments on exceptions to sovereign immunity, and which criteria to apply to an immigrant seeking in-home care benefits.

  • September 14, 2026

    Supreme Court Blocks USPS Mail Ballot Rules For Midterms

    The U.S. Postal Service cannot enforce new mail-in ballot regulations ahead of this year's midterm elections, the U.S. Supreme Court ruled Monday, agreeing with an earlier First Circuit order that maintained a prohibition on the purported election integrity measures taking effect.

  • September 14, 2026

    Pa. Panel Says Vigilante Video Doesn't Violate Wiretap Act

    The Pennsylvania Superior Court on Monday upheld a man's child pornography conviction, saying a vigilante group's video of his admissions, which police used to obtain a search warrant, did not violate the state's wiretap and recording law.

  • September 14, 2026

    9th Circ. Orders Review Of Border Patrol Facebook Records

    A Ninth Circuit panel on Monday conditionally vacated a man's conviction for illegally entering the U.S., ordering a district court to determine whether the government withheld evidence about the involved Border Patrol agents' activity in a Facebook group that joked about migrant deaths and hurled racist and sexist slurs.

  • September 14, 2026

    6th Circ. Revives Prisoner's Book Censorship Lawsuit

    The Sixth Circuit revived a lawsuit brought by a Michigan prisoner challenging prison officials for confiscating a book written by his sister, reversing a trial court decision that had granted summary judgment to the defendant after finding the prisoner failed to exhaust his administrative remedies under the Prison Litigation Reform Act.

  • September 14, 2026

    Colo. Justices Won't Review $3.36M Verdict Against Gas Co.

    The Colorado Supreme Court unanimously declined on Monday to hear the case of a natural gas marketing company appealing a $3.36 million jury verdict in favor of its former trading director who accused the company of failing to pay out a bonus related to his trades.

  • September 14, 2026

    5th Circ. Won't Hear 'My 600-lb Life' Reality Show Dispute

    A split Fifth Circuit refused to entertain legal questions about whether "My 600-lb Life" counts as reality television in a dispute over coverage for underlying suits brought by the show's participants, saying in a published opinion Monday that the show's producers forfeited the argument on appeal.

  • September 14, 2026

    Bove Rejects Recusal Bid Tied To DOJ Whistleblower Claims

    U.S. Circuit Judge Emil Bove declined Monday to recuse himself in a Third Circuit immigration case, saying the attorneys for the petitioner are "recycling a failed pre-confirmation political smear" on him.

  • September 14, 2026

    Calif. Panel Vacates Murder Conviction Of Pursuit Passenger

    A California appeals court has vacated the felony murder conviction of a passenger in a fatal police-pursuit crash, saying he was ineligible for the charge after a change in state law.

  • September 14, 2026

    Aetna Tells 5th Circ. DOL Can't Block Aramark Suit Arbitration

    Aetna Life Insurance Co. urged the Fifth Circuit on Monday against the U.S. Department of Labor's argument that uniform company Aramark Services Inc.'s health claims dispute with the insurer should remain in court, arguing a Texas judge erred in declining to enforce the parties' binding arbitration agreement.

Expert Analysis

  • 5 IP Licensing Lessons From Fed. Circ. Asphalt Ruling

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    The Federal Circuit's recent decision in A.L.M. v. Zydex, concerning infringement of asphalt-related patents, clarifies what licensing terms are considered sufficiently exclusionary for constitutional standing, and provides helpful guidance for ensuring the enforceability of patent rights, say attorneys at Sterne Kessler.

  • Series

    Going To Hardcore Shows Makes Me A Better Lawyer

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    While government contracts law and the hardcore scene may seem entirely unrelated, in my experience, both are about community, focus, being prepared for the unexpected and managing chaos, says Isaac Natter at Fluet.

  • 9th Circ. Ruling Exposes A Flaw In Federal Trade Secrets Law

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    The Ninth Circuit's recent decision in Comet Technologies v. XP Power, addressing a difference between the federal Defend Trade Secrets Act and California's Uniform Trade Secrets Act, shows why the DTSA's requirement that claimed trade secrets not be readily ascertainable is inherently problematic, say attorneys at Buchalter.

  • Opinion

    Birthright Citizenship Dissents Belie Originalist Interpretation

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    The three dissents in the U.S. Supreme Court's recent birthright citizenship decision clashed with originalist readings of the Constitution, applying the 14th Amendment more narrowly than its drafters, and by applying contemporary and living document approaches to constitutional interpretation, says Ediberto Roman at Florida International University.

  • Navigating The Limits Of Calif. Justices' Public Pension Ruling

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    Despite the California Supreme Court's recent holding that counties and cities wield discretion over classification and salary decisions for their public retirement board staff, it is important to remember that such authority is not unchecked as unreasonable rejections remain subject to judicial review, say attorneys at Reed Smith.

  • 3 Rulings Show High Court's Transnational Litigation Stance

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    The U.S. Supreme Court's most recent term closed with three consequential decisions for transnational litigation that illustrate the court's readiness to enforce a Congress-created cause of action for overseas conduct and unwillingness to create this liability itself, say attorneys at WilmerHale.

  • Del. High Court Ruling Signals Next Post-Jarkesy Phase

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    The Delaware Supreme Court recently ruled in Swan Energy v. Investor Protection Unit that the jury trial principles underlying the U.S. Supreme Court’s Jarkesy opinion do not compel the same result under the state's constitution, offering state courts a road map for the next phase of administrative enforcement litigation, says Benjamin Lajoie at Nelson Mullins.

  • How 'Settled Expectations' Affect Amazon's Patent Program

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    Whether the U.S. Supreme Court decides to weigh in on the U.S. Patent and Trademark Office's "settled expectations" framework could have significant consequences for how patent owners and accused sellers approach disputes in Amazon's patent evaluation process, says Barry Greenbaum at Olshan Frome.

  • Fla. Justices Give Trial Judges More Dismissal Discretion

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    The Florida Supreme Court's recent decision in Publix Supermarkets Inc. v. Goga confirmed that appellate courts should not apply a heightened standard when reviewing severe sanctions for fraud on the court, granting greater deference to trial courts, says Brent Hartman at RumbergerKirk.

  • Opinion

    2nd Circ. Tylenol Ruling Misapplies Daubert Gatekeeping

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    The Second Circuit's recent ruling in Rutledge v. Walgreen Co., holding that a lower court should not have excluded experts alleging links between prenatal acetaminophen use and autism, threatens to swallow the Daubert standard by limiting courts' consideration of scientific consensus in assessing reliability of expert testimony, say attorneys at Benesch.

  • Limiting Employer Risk If Calif. Case Upends Time Rounding

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    The California Supreme Court's holdings in recent years suggest that it may tighten the rules for — or even eliminate — time clock rounding when it decides Camp v. Home Depot, so employers should consider taking preemptive steps to guard against large potential liability, says Jacqueline Crispino at the Jhaveri-Weeks Firm.

  • AG Watch: Va. Auto Renewal Law Clears Enforcement Path

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    The most consequential aspect of recent amendments to Virginia's automatic renewal law is the enforcement authority it creates, giving the attorney general a clear statutory pathway to pursue cases involving subscription-related compliance failures under the Virginia Consumer Protection Act, says Chuck Slemp at Cozen O'Connor.

  • 4th Circ. Boeing Class Cert. Ruling May Have Limited Reach

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    While the Fourth Circuit's recent decision to reverse class certification against Boeing appears to potentially create a circuit split or heighten the standards for achieving class certification, that conclusion overlooks the decision's very specific circumstances, and its impact will likely be limited outside the circuit, say attorneys at Bleichmar Fonti.

  • Fed. Circ.'s Shaping Of Tech Patent Doctrine Resembles EPO's

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    The Federal Circuit's recent decision in Ceiva v. Amazon crystallizes an informal U.S. heuristic, "a technological solution to a technological problem," rewarding emphasis of a traceable chain from a problem to a solution — a lesson similar to the European Patent Office's "technical character" terminology, says Brandon Theiss at AddyHart.

  • Opinion

    After Monsanto, Defense Bar Must Build Case Against Lohr

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    The U.S. Supreme Court's recent decision in Monsanto v. Durnell has helped to demolish the foundation for its problematic 1996 ruling in Medtronic v. Lohr — so now defense counsel should lay the groundwork for the high court to overturn Lohr, say attorneys at Blank Rome.

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