Appellate

  • September 30, 2026

    Bessent Owes $910K In Taxes As Limited Partner, Wyden Says

    Treasury Secretary Scott Bessent should pay more than $910,000 in payroll taxes as a hedge fund limited partner after the Second Circuit ruled that such partners are subject to the self-employment tax, Senate Finance Committee ranking member Ron Wyden said Wednesday.

  • September 29, 2026

    Bristol-Myers, Natco And More Can't Ditch Cancer Drug MDL

    A New Jersey federal judge Tuesday refused to throw out sprawling antitrust multidistrict litigation over Celgene Corp.'s cancer drug Revlimid filed against Bristol-Myers Squibb, Natco Pharma, AbbVie and other pharmaceutical companies, ruling that buyers' pay-for-delay claims are plausible at this stage in the litigation.

  • September 29, 2026

    En Banc 9th Circ. Mulls Copyright Test Change In Tattoo Case

    Counsel for a photographer who lost at trial over claims that a Kat Von D tattoo infringed his copyrighted photo of Miles Daves urged an en banc Ninth Circuit panel Tuesday to end the circuit's use of a subjective "intrinsic" test for juries to determine substantial similarity. 

  • September 29, 2026

    DOJ Says Trump Name Is Key To Kennedy Center Survival

    The U.S. Department of Justice told the D.C. Circuit the Kennedy Center's donors will flee if his name isn't put back on the building, arguing in its opening brief to the appeals court that the institution faces "financial ruin" without "appropriate recognition" for Trump.

  • September 29, 2026

    7th Circ. Skeptical Of Reviving License Plate Surveillance Suit

    A Seventh Circuit panel seemed skeptical Tuesday that it should revive two Cook County residents' lawsuit claiming the Illinois State Police subject residents to unconstitutional searches through automatic license plate reading cameras whose data is saved for months.

  • September 29, 2026

    Ministry Stance In Anti-LGBTQ+ Hiring Suit Confuses 9th Circ.

    An en banc Ninth Circuit struggled Tuesday to understand a Washington-based Christian ministry's legal stance as it sought to preserve its ability to reject job applicants who are gay, with several judges suggesting it was immune from enforcement action since the state recognized the jobs as ministerial and therefore constitutionally exempt from anti-discrimination laws.

  • September 29, 2026

    FCC Looking To Duck Mandamus In 2021 RF Exposure Order

    Five years after the D.C. Circuit told the FCC it needed to provide more in-depth reasoning for why it believes cellphones and other wireless devices don't pose a risk to humans, the agency is arguing it needs more time to sort out a response.

  • September 29, 2026

    Ga. Court Revives Go-Kart Injury Suit Over Destroyed Video

    A Georgia appellate court on Tuesday revived a suit accusing Andretti Indoor Karting & Games of causing a go-kart rider's injuries, saying the trial court applied the wrong legal standard regarding whether the facility improperly destroyed surveillance video evidence.

  • September 29, 2026

    Feds Tell 4th Circ. Ábrego García Delayed His Own Removal

    The Trump administration is telling the Fourth Circuit that a Maryland federal judge shouldn't have granted Kilmar Ábrego García protection from continued immigration detention, saying the unlawful rulings he successfully sought are what's preventing his removal to Liberia.

  • September 29, 2026

    Providence Tells Wash. Justices $230M Loss Upends CBAs

    Counsel for Providence Health & Services, Washington state's largest healthcare provider, urged the state's highest court on Tuesday to overturn workers' $230 million trial win over missed meal breaks, arguing that the judgment could put large employers at risk for complying with collective bargaining agreements.

  • September 29, 2026

    Tech Giants Tell Fed. Circ. To Spurn Squires Remand Bid

    Google, Meta and other tech giants that challenged an Express Mobile website building patent have asked the Federal Circuit to reject the U.S. Patent and Trademark Office's bid to remand the case to the patent office for further proceedings, after a panel of top Patent Trial and Appeal Board judges upheld the patent.

  • September 29, 2026

    Fla. Says 12-Juror Rule Will Upend Thousands Of Convictions

    Florida has urged the U.S. Supreme Court to keep intact a decades-old precedent that lets states use juries of fewer than 12 people in serious criminal cases, arguing that overruling the case would throw into question an overwhelming number of convictions in seven states.

  • September 29, 2026

    Target Accused Of Shorting Colo. Workers On Pay And Breaks

    A former Target employee in Arapahoe County, Colorado, claimed in state court Monday that the company is violating state wage laws by not compensating employees for all hours worked or repaying them for business-related expenses.

  • September 29, 2026

    Feds Ask 4th Circ. To Affirm Conviction In Fake Contracts Plot

    The federal government has asked the Fourth Circuit to affirm the conviction of a man accused of defrauding investors through fake NASA contracts who is looking to withdraw his guilty plea and have the trial court judge removed for bias.

  • September 29, 2026

    Cloud Fails To Upend Revvity's $4.5M Fee, Contract Win

    A Massachusetts intermediate appellate court on Tuesday affirmed a lower court's finding that Cloud Software Group LLC wrongly used a "sham audit" to justify terminating a long-term partnership with another software company in order to poach its customers.

  • September 29, 2026

    Surgical Robot Co. Says 9th Circ. 'Expands' Antitrust Law

    Intuitive Surgical asked the full Ninth Circuit to reconsider a decision reviving a surgical repair company's claims that it blocked third parties from refurbishing components for its popular da Vinci surgery robot, arguing the panel created a whole new pathway to alleging monopolization of secondary markets.

  • September 29, 2026

    After Remand, Wis. Judge Again Wipes Out Lens Patent Claims

    A Wisconsin federal judge has ruled that two patents covering eyeglass lenses were invalid after his previous order invalidating them was overturned by the Federal Circuit, ruling that an earlier patent disclosed the asserted patents' claimed methods.

  • September 29, 2026

    Ex-Worker Urges 4th Circ. To Revive Wage, Retaliation Claims

    A former worker at a sports bar in North Carolina urged the Fourth Circuit to revive her wage, retaliation and emotional distress claims, saying that a lower court improperly kept surviving claims from a jury and dismissed another on a ground that she did not have a chance to address.

  • September 29, 2026

    Summer Vacation Rules Save Texas Slip-And-Fall Suit

    A Texas appeals panel on Tuesday revived a woman's slip-and-fall suit, finding the trial court judge abused their discretion by ignoring her attorney's summer vacation designation and dismissing the case with prejudice when he was unprepared at trial.

  • September 29, 2026

    Botched Application Costs Zipper Co. $20M Tax Break

    A Georgia appeals court on Tuesday rejected a zipper maker's efforts to upend a county tax board's decision awarding it a roughly $40 million tax exemption instead of the $60 million it sought, saying the failure to attach a signed oath disclaiming fraud wasn't a trivial mistake.

  • September 29, 2026

    DC Circ. Weighs Limits On Boasberg's Contempt Inquiry

    A top Justice Department official told an en banc D.C. Circuit panel that a district judge should refer former Homeland Security Secretary Kristi Noem for contempt over the 2025 deportation flights to El Salvador and move on, saying the judge had no authority to wrap others into his inquiry.

  • September 29, 2026

    3rd Circ. Says No Contract Fees After Unripe Dismissal

    The Third Circuit held in a precedential opinion Tuesday that a district judge lacked the authority to decide a fee request stemming from a dispute between an oil and gas company and a landowner over the terms of their lease agreement.

  • September 29, 2026

    Fired Black Teacher Tells 4th Circ. To Revive Race Bias Suit

    A Black teacher is looking to reverse a summary judgment ruling in his racial bias suit favoring the charter school that fired him, telling the Fourth Circuit the school's allegedly conflicting reasons for terminating him support an inference of discrimination.

  • September 29, 2026

    NJ Panel Questions Atty's Authority In $600K Injury Settlement

    A New Jersey appellate panel Tuesday vacated a trial court's orders enforcing a $600,000 settlement in a personal injury case, sending the case back for an evidentiary hearing to determine whether counsel for one of the settling defendants had the authority to settle.

  • September 29, 2026

    Embattled Ga. Judge Looks To Oust JQC Panel Member

    A Georgia state judge said a Judicial Qualifications Commission panel member needs to step away from an ethics case against her because of the member's close friendship with a potential witness. 

Expert Analysis

  • 10th Circ. Ruling Propels Emerging 'Occurrence' Consensus

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    The Tenth Circuit recently revived the Church of Jesus Christ of Latter-day Saints' bid for insurance coverage in a sexual abuse case, continuing a trend as the second circuit court to find that, where ambiguous, the definition of "occurrence" must be interpreted in favor of coverage, say attorneys at Anderson Kill.

  • The State Of Prediction Market Litigation After 9th Circ. Ruling

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    The Ninth Circuit's recent decision in Kalshi v. Assad gives state regulators significant appellate backing to enforce state gaming laws over prediction markets, creating a direct split with the Third Circuit that will likely lead to Supreme Court review of the question, say attorneys at Arnold & Porter.

  • 11th Circ. FCA Qui Tam Revival Queues Up Next Challenges

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    Though the Eleventh Circuit on Sept. 1 upheld the constitutionality of the False Claims Act's qui tam provision, it will probably face continued litigation since the appellate court declined to rule on other constitutional challenges and the decision will likely be petitioned to the U.S. Supreme Court, say attorneys at Sheppard.

  • Series

    Ballet Makes Me A Better Lawyer

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    A lifetime of learning and performing ballet taught me that success — whether in dance or practicing law — comes only through hours of thorough preparation, boundless energy and relentless effort, says Sharon Katz-Pearlman at Greenberg Traurig.

  • Rejection Of NLRB Successor Bar Renews An Employer Tool

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    Although the D.C. Circuit's recent ruling in Hospital Menonita v. National Labor Relations Board does not allow purchasers to disregard incumbent unions, employers acquiring a unionized business have regained a tool to challenge a union's majority support, say attorneys at Bass Berry.

  • NY Ethics Opinion Warns Attys On Qui Tam Deception

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    A recent New York State Bar Association ethics opinion cautions that counsel representing whistleblowers may not induce, supervise or facilitate a client's deceptive prefiling investigations, creating a potential vulnerability for qui tam complaints built on questionable evidence-gathering methods, say attorneys at Sidley.

  • Pa. Anti-SLAPP Ruling Shows Risks Of Atty Defamation Suits

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    A Pennsylvania federal court’s recent Lento Law Group v. Estrada ruling addressed an unsettled question about mandatory fee-shifting provisions in the state’s anti-SLAPP law — and illustrates why attorneys should think twice before suing former clients over negative online reviews, say attorneys at Pietragallo Gordon.

  • 9th Circ. 'Bad Spaniels' Ruling Rewrites TM Dilution Playbook

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    The Ninth Circuit’s recent ruling that each element of the Jack Daniel's packaging parodied by the Bad Spaniels dog toy must be independently assessed for fame narrows trademark owners' ability to use a flagship mark's halo effect to protect the entire brand from tarnishment, say attorneys at Reed Smith.

  • Fed. Circ. In July: Meeting The Enablement Requirement

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    The Federal Circuit's decision in Wyeth v. AstraZeneca last month exemplifies when a generalized conception of an invention is insufficient to enable the full scope of asserted patent infringement claims, and may lead to more enablement challenges, say attorneys at Knobbe Martens.

  • Calif. Ruling Opens Del. Cos. Up To Stockholder Inspection

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    A California appellate court's recent decision in Salamon v. Orchid Global underscores that despite last year's amendments to the Delaware General Corporation Law, Delaware companies with principal operations in California remain subject to California's broader and more stockholder-protective inspection regime, say attorneys at Sheppard.

  • What 9th Circ. Devas Ruling Means For AI Infrastructure Deals

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    The Ninth Circuit's recent confirmation of a $2 billion arbitration award in Devas Multimedia's arbitration against a state-owned commercial arm of India’s space agency creates a cross-border enforcement road map for disputes that are bound to arise from the current generation of artificial intelligence infrastructure deals, says Fernanda Merouco at Davis Wright.

  • 9th Circ. Wage Ruling Shows Arbitration Pacts Are Still Useful

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    After years of uncertainty for California employers, the Ninth Circuit’s recent Cocom v. ABM Aviation decision signals that workplace arbitration agreements remain a powerful and enforceable tool — if thoughtfully drafted and employment-focused, says Benjamin Runge at Thompson Coburn.

  • Series

    Taekwondo Makes Me A Better Lawyer

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    Taekwondo has taught me to recognize when to fight for a position and when to focus on finding a solution, and that the best outcomes are often achieved by solving problems — all of which has improved my work as a bankruptcy lawyer, mediator and Subchapter V trustee, says Amy Denton Mayer at Berger Singerman.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses seven recent rulings from cases involving Class Action Fairness Act jurisdiction, appellate jurisdiction, attorney fees and employment rights.

  • 3rd Circ. Hotel Ruling Flags Key Issues In Dynamic Pricing

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    The Third Circuit's recent decision in Cornish-Adebiyi v. Caesars Entertainment relies on allegations that competitors used nonpublic data to set real-time rates considered exorbitant, highlighting both the potential risks and substantial benefits of utilizing emerging technologies, say attorneys at Baker McKenzie.

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