Appellate

  • August 31, 2026

    GOP Asks Justices To Lift Block In Campaign Ad Pricing Case

    Republican fundraising committees have asked the U.S. Supreme Court to lift a Fourth Circuit order blocking the Federal Communications Commission from extending discounted television and radio advertising rates to committees that buy spots in coordination with political candidates, arguing the lower court prematurely jumped into the review process.

  • August 31, 2026

    Kioxia Seeks To Undo 'Tainted' $229M Viasat IP Verdict

    Kioxia Corp. urged a Texas federal court Friday to throw out a $229 million patent verdict for Viasat Inc. and order a new trial or grant it a win, arguing that "numerous errors tainted the jury's award."

  • August 31, 2026

    Fed. Circ. Affirms Samsung Didn't Infringe Mobile Tech Patent

    The Federal Circuit on Monday upheld a lower court's decision to deny a new trial in a case accusing Samsung of infringing a mobile device technology patent, saying Samsung had shown "ample" evidence cutting against infringement.

  • August 31, 2026

    High Court Allows Trump To Continue Ballroom Construction

    A split U.S. Supreme Court ruled Monday that President Donald Trump can continue construction of a new White House ballroom while litigation over the project's legality continues. 

  • August 31, 2026

    Erie Bus Dispatchers Aren't Union-Exempt Supervisors

    Seven dispatchers at the Metropolitan Transit Authority for Erie, Pennsylvania, are not "supervisors" exempt from membership in the authority's labor union, since their roles in scheduling overtime or reporting rule infractions were constrained by their contract and only occasionally crossed the line into supervision, the Pennsylvania Commonwealth Court ruled Monday.

  • August 31, 2026

    General Dynamics Beats Widow's Workers' Comp Bid

    A Connecticut appeals court upheld the denial of a widow's claim for workers' compensation after her husband had a cardiac event she said was caused by work stress at General Dynamics, ruling an administrative law judge was fair to attribute his death to his pre-existing heart disease.

  • August 31, 2026

    Washington Litigation Group Makes Another High-Profile Hire

    Washington Litigation Group, a D.C.-based boutique firm that says it aims to protect the rule of law, announced another high-profile hire on Monday, bringing on an attorney who argued Trump v. Slaughter, the U.S. Supreme Court case that addressed the constitutionality of independent agencies.

  • August 31, 2026

    3rd Circ. Frees Ford From Suit Over Unidentified Airbag Defect

    The Third Circuit on Monday sided with Ford Motor Co. in a suit by a Virgin Islands woman who alleges that she was injured when her airbag spontaneously went off, causing her to crash, finding that she can't rely on the accident as her sole evidence of a defect.

  • August 31, 2026

    NJ Legal Malpractice Suit Revived Over Expert Rulings

    A New Jersey state appellate court on Monday revived a legal malpractice suit over an underlying medical malpractice action, saying a trial court was wrong to exclude the plaintiffs' legal expert and subsequently dismiss the case for lack of expert testimony.

  • August 31, 2026

    Fed. Circ. OKs PTAB Axing Some SpaceTime3D Claims

    The Federal Circuit on Monday affirmed a pair of rulings from the Patent Trial and Appeal Board that found two patents and some claims in a third patent covering graphical user interface technology held by SpaceTime3D Inc. were unpatentable, siding with challenges made by Apple and Google.

  • August 31, 2026

    9th Circ. Faults Notice Errors In Jamaican's Deportation Case

    A Jamaican citizen's due process rights were violated when the federal government failed to properly notify him about its appeals of decisions granting him withholding of removal, the Ninth Circuit ruled, noting that he's been in immigration detention since 2021.

  • August 31, 2026

    Fla. Panel Urges Justices To Revisit Theft-Valuation Precedent

    A Florida appellate panel has urged the state's highest court to rethink how the value of stolen items is calculated, saying a nearly 50-year-old precedent has struggled to account for depreciation in electronic items and led to numerous overturned grand-theft convictions.

  • August 31, 2026

    Rising Star: Ahmad Zavitsanos' Kelsi Stayart White

    In the past year, Ahmad Zavitsanos & Mensing PLLC partner Kelsi Stayart White beat a $14 million lawsuit with a novel procedural argument and set precedent on civil barratry claims while winning a case before the Texas Supreme Court, earning her a spot as one of the appellate attorneys under age 40 honored by Law360 as Rising Stars.

  • August 31, 2026

    Ga. Appeals Court Finds Facebook Evidence Error Harmless

    The Georgia Court of Appeals upheld the denial of a new trial for a man convicted of home invasion and other offenses tied to the attack of an elderly man in his garage, saying the lower court allowing Facebook evidence in the case was harmless. 

  • August 31, 2026

    6th Circ. Backs $450K Punitive Award For Mich. Farmworkers

    A Sixth Circuit panel has upheld a $450,000 punitive damages award for five Guatemalan farmworkers who accused a West Michigan agricultural labor contractor and its owners of trafficking-related and wage law abuses, ruling that the award was constitutionally permissible despite the jury awarding only economic compensatory damages.

  • August 31, 2026

    Feds Say New USPS Mail-In Ballot Rule Isn't A 'Takeover'

    A new U.S. Postal Service rule compelling states to submit voters' names to the federal government and redesign envelopes in order to have mail-in ballots delivered in November imposes "modest" requirements and is not a "federal takeover of elections," the Trump administration told a Massachusetts federal judge in a weekend filing.

  • August 31, 2026

    Korean Bank Whistleblower Suit May Be Bound For Arbitration

    The Second Circuit on Monday asked if whistleblower retaliation claims by four former compliance executives at the New York arm of a Korean bank should have been sent to arbitration — and if a judge should have bothered with the bank's dismissal bid.

  • August 31, 2026

    8th Circ. Backs Social Security Disability Benefits Denial

    The Eighth Circuit affirmed the dismissal of a worker's suit challenging the Social Security Administration's denial of her bid for disability benefits, finding it was fair game for an administrative law judge to credit an agency doctor's opinion that she was more physically capable than she had claimed.

  • August 28, 2026

    'Troubled' 7th Circ. Finds No Harm From Benesch Atty Conflict

    While "troubled" by an ex-Benesch Friedlander Coplan & Aronoff LLP partner's decision to take on a client's trade secrets suit while negotiating a move from Benesch to the defendant company's outside counsel, the Seventh Circuit agreed Friday that the displeased client cannot pursue her legal malpractice claim.

  • August 28, 2026

    Patent Marking Case Will Shape License Talks And Damages

    A Federal Circuit ruling that patent owners must ensure that all licensees mark their products with patent information in order to recover presuit damages will complicate licensing talks and give defendants a route to limit or escape damages in some cases, attorneys say.

  • August 28, 2026

    25K Workers 'Out Of Luck': Feds Defend Layoffs At 9th Circ.

    The federal government Friday urged the Ninth Circuit to reverse a finding that the U.S. Office of Personnel Management wrongfully fired 25,000 probationary workers shortly after President Donald Trump took office, arguing that the OPM was operating well within its statutory authority, the district court lacked jurisdiction, and the workers are "simply out of luck."

  • August 28, 2026

    Uber Text Doesn't Bind Guest Rider To Arbitrate, DC Circ. Says

    Uber cannot force into arbitration a passenger who sued over a crash in which he was severely injured when the ride was requested by his wife since he never created an account or agreed to the ride-hailing company's terms of service, the D.C. Circuit said in a published opinion Friday.

  • August 28, 2026

    Rapper's Lyrics Rhymed With The Crimes, 8th Circ. Says

    An Eighth Circuit panel upheld the marijuana and firearms convictions of Arkansas rapper Bankroll Freddie, saying Friday his lyrics were properly allowed as evidence against him because they showed he knew drug and gun terminology.

  • August 28, 2026

    Ind. Panel Affirms $3.5M Med Mal Verdict Over Amputated Leg

    An Indiana appellate panel on Friday upheld a $3.5 million verdict — later reduced to $1.25 million — in a suit accusing a doctor of negligently causing a patient's leg amputation, rejecting the doctor's argument that an alleged juror-tampering incident led to an unfair trial.

  • August 28, 2026

    Industries, States Take Soot Rule Fight To Supreme Court

    A coalition of industry groups and 25 states led by Kentucky and West Virginia have asked the U.S. Supreme Court to review a D.C. Circuit decision that upheld a challenged rule imposing tighter nationwide limits on soot pollution.

Expert Analysis

  • 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.

  • Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

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    An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

  • Google Antitrust Case Puts Spotlight On De Facto Exclusivity

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    Mozilla's recent amicus filing in U.S. v. Google arguing that its agreement to make Google the default search engine did not amount to de facto exclusivity highlights the growing debate over traditional indicators of exclusivity, with implications for any business that uses rebates, preferred contracts or volume incentives, says Chris Gowen at WilmU Farnan School of Law.

  • Justices' Montgomery Ruling Doesn't Expand Shipper Liability

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    Whether negligent hiring liability claims against shippers will increase after the U.S. Supreme Court's decision last month in Montgomery v. Caribe Transport II is anyone's guess, but the ruling itself will have no impact on shippers' actual liability in personal injury claims relating to trucking accidents, says Ronald Leibman at McCarter & English.

  • GHG Rescission Undermines State Climate Suit Preemption

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    As the U.S. Supreme Court considers the fate of state climate litigation in Suncor Energy Inc. v. Boulder County, it must confront the fact that the U.S. Environmental Protection Agency's rescission of its greenhouse gas endangerment finding has also removed the foundation for federal preemption of state climate suits, says attorney Gregg Goldfarb.

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