Appellate

  • 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. 

  • October 13, 2026

    2nd Circ. Seems Doubtful Of RTX Corp. Investors' Appeal

    A Second Circuit panel Tuesday seemed leery of RTX Corp. investors' bid to revive allegations that the aerospace manufacturer violated securities laws by concealing an aircraft engine defect, with several judges pointing out how the complaint seemed to lack allegations that executives knew different disclosures were necessary.

Expert Analysis

  • What To Know As Legal Duty To Consider AI Takes Shape

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    While the U.K. Jurisdiction Taskforce’s recent statement on liability for artificial intelligence harms is nonbinding for both U.K. and U.S. lawyers, it highlights the importance of being able to distinguish between the availability of a tool and a professional obligation to use it, say Jonny Frank and Michael Costa at StoneTurn.

  • Patent Ruling Shows Concrete Tech Solution Key To Eligibility

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    The Federal Circuit’s recent Ceiva Opco v. Amazon.com decision offers an important reminder that software-related inventions can remain patent eligible when they claim a concrete technological solution to a specific problem, says Irah Donner at Manatt.

  • Appellate Vape Rulings May Expand State Regulation Powers

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    Two recent federal appeals courts decisions rejecting Federal Food, Drug and Cosmetic Act preemption challenges to state electronic nicotine delivery systems directory laws signal an emerging appellate consensus that could significantly expand states' power to regulate vaping product sales where federal enforcement falls short, say attorneys at Troutman.

  • How Solar Fraud Case Affects Lender Oversight Of Dealers

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    The U.S. Supreme Court's refusal to review the Third Circuit's ruling in Migliore v. Sunlight Financial means that residential solar finance companies are protected from vicarious liability for deceptive acts by independent solar dealers — but lenders must still take steps to guard against dealer misconduct, says Rand Manasse at Green Lane Partners.

  • Fed. Circ. Rulings Emphasize Adjudicative Access And Review

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    Decisions from the Federal Circuit's 2026 docket indicate that the court is increasingly paying attention to whether tribunals possess authority to act, meaning practitioners will need to properly address procedural hurdles before they can argue the merits of a case, say attorneys at Reichman Jorgensen.

  • Amazon v. Perplexity Ruling Limits CFAA Reach Over AI Tools

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    The Ninth Circuit's recent decision in Amazon v. Perplexity provides important early guidance on how the Computer Fraud and Abuse Act applies to agentic artificial intelligence, and is the latest in a line of rulings in which courts have declined to stretch existing statutes to broadly regulate AI, say attorneys at Ropes & Gray.

  • Managing OSHA Mental Illness Logs After 5th Circ. Vacatur

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    Employers with facilities in multiple states need to carefully weigh their recordkeeping procedures following the Fifth Circuit’s recent decision that the Occupational Safety and Health Administration cannot require employers to log work-related mental illness, as inconsistent logs across facilities may raise other issues, say attorneys at Haynes Boone.

  • Expect More Probes After 3rd Circ. Algorithmic Pricing Ruling

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    The Third Circuit's recent decision in Cornish-Adebiyi v. Caesars Entertainment, allowing algorithmic price-fixing claims to proceed past motions to dismiss, may serve as a road map for how to contend with increased litigation risk in this developing area of antitrust law, say attorneys at BakerHostetler.

  • Series

    Being In A Band Made Me A Better Lawyer

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    Playing shows in storied New York City venues and rehearsing with my bandmates in poorly ventilated rooms helped develop the professional qualities I rely on as a litigator, including an ability to collaborate with strong-minded equals and the determination to treat each client with singular focus, says Eliad Shapiro at Herrick Feinstein.

  • Notable Q2 Updates In Insurance Class Actions

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    After 2026's second quarter, there is more authority rejecting class certification on total loss valuation theories from courts at the federal circuit, federal district and state appellate level — along with a resolution of a novel issue of depreciation on a wildfire claim, says Kevin Zimmerman at BakerHostetler.

  • 10th Circ. Ruling Undermines False Ad 'Two Clicks' Rule

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    The Tenth Circuit’s recent ruling in KetoNatural Pet Foods v. Hill's Pet Nutrition substantially challenges a long-standing assumption that a company can avoid responsibility for promotional claims simply because the consumer encountered them by clicking a hyperlink to a third-party website, say attorneys at Venable.

  • How Drug Trial Prediction Markets Pose Insider Trading Risks

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    Multiple prediction market platforms have recently announced plans to offer event contracts related to clinical trial outcomes and regulatory decisions, creating new insider trading risks by expanding the group of people possessing related material nonpublic information far beyond traditional corporate insiders, say attorneys at King & Spalding.

  • Mich. Ruling Gives Consumer Protection Law Its Teeth Back

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    The Michigan Supreme Court's recent decision in Attorney General v. Eli Lilly, overruling key holdings in two earlier cases, means that Michigan businesses can no longer defeat allegations of deceptive conduct under the state's consumer protection law simply by pointing to any governmental regulation of the business, say attorneys at DiCello Levitt.

  • Series

    Law School's Missed Lessons: Surviving A Long Trial

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    Most of law school trial advocacy is geared toward the sprint of trying a short case, but beyond managing a cross-examination or closing argument, effectively handling the marathon of a lengthy trial requires the ability to maintain composure, organization and credibility with the jury, says Mihir Elchuri at Hirschler.

  • A Deepening Patent-Trademark Divide Over Irreparable Harm

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    Recent Federal Circuit decisions, along with legislation being considered in Congress, may exacerbate the differences that patent owners and trademark owners face when seeking to stop infringement before irreparable harm is caused, say attorneys at BakerHostetler.

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