Appellate

  • August 10, 2026

    IBM Defeats Software Co. In Copyright Fight At 2nd Circ.

    A software company failed to persuade the Second Circuit to undo a federal judge's decision allowing IBM to dodge a copyright suit, with the appellate court on Monday agreeing the case was time-barred.

  • August 10, 2026

    Fed. Circ. Backs Axing Of Digital Chart Patents Under Alice

    The Federal Circuit on Monday said a California federal court was right to find that patents covering digital interactive charts are invalid under the U.S. Supreme Court's Alice decision, saying the patents "provide no meaningful limitation to the abstract idea" of creating charts.

  • August 10, 2026

    Ex-Altria Worker Gets Partial 4th Circ. Win In 401(k) Fight

    The Fourth Circuit revived part of an ex-Altria worker's suit claiming the company didn't move quick enough to liquidate his 401(k) assets so he could invest the cash in anticipation of a stock market bump, finding Monday he was improperly denied a contract document for the plan's record keeper.

  • August 10, 2026

    School Board Wins Appeal Over Football Game Fatal Shooting

    A New Jersey appellate court on Monday held that the Pleasantville Board of Education can't be held civilly liable for the death of a 10-year-old boy who was shot at a high school football game, ruling that the boy's estate was unable to demonstrate that the school board acted with deliberate indifference to any foreseeable danger.

  • August 10, 2026

    Meta Loses Appeal Days Before Social Media Trial Begins

    The Ninth Circuit said Monday it lacks jurisdictional authority over Meta's appeal in a social-media-addiction multidistrict litigation at this stage, saying Section 230 of the Communications Decency Act can provide a defense to liability but not immunity from a lawsuit.

  • August 10, 2026

    Fed. Circ. Won't Hit Refresh On Patent Claims Against Netflix

    The Federal Circuit on Monday refused to restore a content streaming patent Netflix was accused of infringing, agreeing with the Patent Trial and Appeal Board that an earlier patent rendered the claims of the patent invalid.

  • August 10, 2026

    11th Circ. Backs Unions In Members' Race Bias Suit

    The Eleventh Circuit upheld a win Monday for a pipe fitters union in a lawsuit alleging it routinely passing over Black journeyman pipe fitters for work assignments in favor of white workers, finding the claims failed to show that the unions had established discriminatory referral practices.

  • August 10, 2026

    11th Circ. Affirms Ga. University System's Win In Bias Suit

    The Eleventh Circuit on Monday upheld a win for the University System of Georgia in a disability discrimination case brought by a former respiratory therapy student who alleged he was improperly found to be endangering patients' safety and given a failing grade as punishment.

  • August 10, 2026

    Mich. Transit Authority Can Call County Atty In Board Dispute

    The Bay Area Transportation Authority may call a Grand Traverse County attorney as a witness in a dispute over appointments to its board, a Michigan appellate panel ruled, finding the attorney's late addition to the witness list would not prejudice the county.

  • August 10, 2026

    Fed. Circ. Reverses PTAB On Prior Art Issue Over Dental IP

    The Federal Circuit on Monday reversed a Patent Trial and Appeal Board decision that invalidated a group of claims in a Dental Monitoring SAS dental imaging patent, finding that a previous provisional patent application was missing a written description and thus can't be used as prior art.

  • August 10, 2026

    8th Circ. Nixes Native American Worker's Race Bias Suit

    The Eighth Circuit on Monday upheld a clinical research institute's defeat of a lawsuit from a former manager who said she was laid off because she's Native American, siding with the institute's assertion that she was let go for budgetary reasons because her position was funded with internal money.

  • August 10, 2026

    Fed. Circ. Reverses Ax Of Commerce Duty Review Deadline

    The U.S. Department of Commerce's 15-day preliminary deadline for indicating interest in a sunset review of duty orders is within the department's statutory authority, a Federal Circuit panel ruled, reversing a U.S. Court of International Trade ruling spiking the deadline.

  • August 10, 2026

    Mich. Panel Revives Sewage Damage Suits Over Service Fight

    Minor procedural variations in service do not warrant dismissal of a case as long as defendants are adequately informed of the pending litigation, a Michigan Court of Appeals panel said in a published opinion Thursday.

  • August 10, 2026

    Conn. Justices Order New Murder Trial Over Cell Data Flub

    The Connecticut Supreme Court on Monday said a lower court was correct to vacate a felony murder conviction based on a defense lawyer's failure to question a police expert about an animation that purported to pinpoint a defendant's cellphone movements based on tower location data.

  • August 10, 2026

    Mass. Court Says Insurer Must Defend Doctor In Stalking Case

    Massachusetts' highest court has ruled that an insurance company must defend a doctor in disciplinary proceedings for allegedly stalking and harassing a patient to whom he prescribed an addictive medication for several years.

  • August 10, 2026

    NJ Justices Rule No Purpose Needed In Takings Ordinances

    The New Jersey Supreme Court on Monday held that municipalities do not need to state the public purpose for which private property is being taken within the measure authorizing condemnation, backing a lower court's finding that a borough properly used eminent domain to take over a 50-room motel where it plans to provide parking and electric vehicle charging.

  • August 10, 2026

    3rd Circ. Shuts Down Driver's CBS, Teamsters Retaliation Suit

    The Third Circuit declined Monday to reinstate a driver's suit claiming he was blocked from working on CBS film sets out of age bias and for complaining that Teamsters leaders were handing jobs to their friends, ruling that his case fell apart because the union didn't make hiring decisions.

  • August 10, 2026

    Biz Owners Appeal Morgan Lewis Win In Tax Shelter Suit

    A pair of business owners asked the Florida Supreme Court to reverse a decision affirming judgment in favor of Morgan Lewis & Bockius LLP in a dispute over whether the law firm had routed income through illegal tax shelters.

  • August 10, 2026

    ND Says High Court Ruling Sinks Tribes' VRA Claims

    North Dakota Secretary of State Michael Howe is asking for a judgment on the pleadings on two tribal nations' challenge to the state's 2021 legislative map following a U.S. Supreme Court ruling regarding Section 2 of the Voting Rights Act, saying it's "manifestly obvious" that there's no longer a viable claim.

  • August 10, 2026

    Electrolux Seeks DC Circ. Review Of IAM Pension's $32M Win

    Appliance manufacturer Electrolux is turning to the D.C. Circuit to challenge a $32 million arbitration award in favor of an International Association of Machinists pension fund after a trial court upheld the award last month over the company's objections.

  • August 07, 2026

    Senate Confirms Todd Blanche To Be AG

    The U.S. Senate voted 50-49 in the early hours of Saturday to confirm acting Attorney General Todd Blanche to the permanent position.

  • August 07, 2026

    1st Circ. Agrees Feds Can't Block Climate, Infrastructure Funds

    The First Circuit on Friday endorsed a Rhode Island federal court's decision requiring the Trump administration to unfreeze congressionally approved funding for infrastructure, agriculture, climate and other initiatives, saying conservation nonprofits are likely to succeed on their claim that the funding cuts were unlawful.

  • August 07, 2026

    7th Circ. Upholds Samsung Win In Biometric Privacy Suit

    The Seventh Circuit on Friday declined to disturb a lower court's dismissal of a proposed biometric privacy class action from Samsung phone and tablet users, ruling the users hadn't plausibly alleged that Samsung has their data.

  • August 07, 2026

    3rd Circ. Says Pharma Co. Suit Against Merck Belongs In India

    The Third Circuit has ruled that a dispute between Merck and a defunct Indian pharmaceutical company over a terminated relationship belongs in India.

  • August 07, 2026

    Trump Needs Congress' OK To Build Ballroom, DC Circ. Says

    A split D.C. Circuit on Friday backed a district judge's block on President Donald Trump's construction of a new White House ballroom, saying Congress had not "ceded unfettered authority to the executive branch to dramatically redesign, reshape and reconstruct the White House — the People's House — to fit a particular president's desires."

Expert Analysis

  • Columbia Software IP Ruling Tests Royalty Damages Model

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    The Federal Circuit's recent decision in Columbia University v. Gen Digital, vacating a damages verdict involving foreign software sales, provides guidance on ambiguities surrounding the worldwide royalty damages model established by the court's decision in Brumfield v. IBG two years ago, say attorneys at Munger Tolles.

  • Turning To The Courts When PBM Reform Falls Short

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    The effectiveness of state laws intended to regulate pharmacy benefit managers remains uncertain, but litigation — utilizing tried-and-true theories like breach of contract and fair dealing — offers another mechanism through which stakeholders may seek relief from PBMs, say attorneys at Reed Smith.

  • Opinion

    Immigration Appeals Rule Would Prevent Meaningful Review

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    Justice Stephen Breyer’s book “Making Our Democracy Work” offers a useful lens through which to consider what is at stake for the Executive Office for Immigration Review's legitimacy as the government asks the D.C. Circuit to revive an interim final rule that would have fast-tracked decisions by Board of Immigration Appeals, says Tara Kennedy at Kennedy Law.

  • 2 'Rocket Dockets' And The Rules That Propel Them

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    The fastest civil trial courts in the country are currently in the Eastern District of Virginia and the Southern District of Florida, and their chief judges provide insights into the court rules that keep them ahead, says Robert Tata at Hunton.

  • Retailer Risk Reduction Tips As Email Marketing Suits Surge

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    Amid a flood of email marketing lawsuits following last year's Washington Supreme Court ruling in Brown v. Old Navy, retailers seeking to avoid high litigation costs can take several steps to reduce risks by focusing on their email subject lines advertising sales, says Gonzalo Mon at Kelley Drye.

  • Why Nuclear Licensees Must Watch 2nd Circ.'s Holtec Review

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    In reviewing a New York federal court's preemption ruling concerning disposal of nuclear materials, the Second Circuit must confront the lower court's recognition of a purpose-based path to field preemption, which could be game-changing for nuclear material licensees, says Andrew Averbach at Womble Bond.

  • Calif. Ruling Lowers Bar For Health Data Breach Claims

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    The California Supreme Court's ruling in J.M. v. Illuminate Education offers protection for non-healthcare companies that maintain health-related data but also adopts a new and more plaintiff-favorable standard for breach of confidentiality that companies maintaining any health-related data should address, say attorneys at Cooley.

  • Florida Atty Fees Ruling Could End Expert Testimony Mandate

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    For over 60 years, Florida appellate courts have required an evidentiary hearing and expert testimony to support the reasonableness of an attorney fee award, but the Florida Sixth District Court of Appeal's recent Ruffenach v. Deutsche Bank National Trust ruling could make substantive changes to this requirement, say attorneys at RumbergerKirk.

  • Texas Ruling Leaves Key Oil Royalty Question Unresolved

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    The Texas Supreme Court's recent decision in Fasken Oil and Ranch v. Puig clarifies that royalty reservations containing “free of cost forever” language do not bar deduction of post-production costs — but it leaves open whether prices producers report to royalty owners should reflect what unaffiliated buyers would pay, says Robert Foss at Hinds Feat Advisors.

  • Justices Widen Path For Confiscated Cuban Property Claims

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    For Americans holding claims to confiscated Cuban property, the U.S. Supreme Court’s recent decision in Havana Docks v. Royal Caribbean Cruises means that the expiration of their property interest is no longer a bar and that any company using such property is now a potential defendant, say attorneys at Bracewell.

  • Your Next Litigation Hold Should Cover AI Chat Logs

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    The Delaware Chancery Court’s recent decision in Fortis Advisors v. Krafton to treat a CEO’s artificial intelligence chats as substantive evidence is being read as a discovery warning to litigators, but there is a second duty-to-preserve lesson that is especially pertinent to in-house counsel, say attorneys at Faegre Drinker.

  • Opinion

    High Court's Abortion Pill Stay Reinforces Appellate Principles

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    The U.S. Supreme Court's recent order in Danco Laboratories v. Louisiana, staying a Fifth Circuit ruling that reinstated an in-person requirement for dispensing the abortion medicine mifepristone, should be seen not as a definitive ruling on reproductive rights, but as an affirmation of a more disciplined jurisdictional reality, says Daniel Nardo at Nardo & Associates.

  • Series

    Studying Foreign Languages Makes Me A Better Lawyer

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    Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

  • 6th Circ. Ruling Highlights Split On Labor Cost Depreciation

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    The Sixth Circuit's recent decision in Schoening Investment v. Cincinnati Casualty throws into relief the fine lines of courts' varying interpretations of whether a commercial property insurer may justifiably depreciate labor costs to determine the actual cash value of damage, says Nabila Rahim at Zelle.

  • 6th Circ. Ruling Broadest So Far In Wave Of Habeas Decisions

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    The Sixth Circuit’s recent opinion in Lopez-Campos v. Raycraft provides the most developed structural reasoning among rulings in a widening circuit split over mandatory detention after undocumented entry into the U.S., and supplies immigration practitioners a template for due process arguments in favor of habeas relief, says Kemal Hepsen at Mandamus Lawyers.

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