Appellate

  • August 20, 2026

    Disbarred Atty Can't Keep Alive Suit Against NJ Ethics Officials

    The Third Circuit has refused to revive a disbarred attorney's suit against two New Jersey Office of Attorney Ethics lawyers, finding a district judge who recused herself from the case did not enter any substantive orders after granting the motion to recuse.

  • August 20, 2026

    2nd Circ. Says Justices' Remand Can't Save Immigrant's Case

    The Second Circuit rejected a Chinese citizen's bid to avoid removal after he pleaded guilty to theft by deception under New Jersey law and forgery under New York law, analyzing what "conviction" means after the U.S. Supreme Court remanded the case.

  • August 20, 2026

    Mich. Panel Rejects $2.5M Malpractice Suit Over Bank Debt

    An attorney failed to show a law firm and two lawyers derailed his efforts to settle a PNC Bank debt and caused him to ultimately pay more than $2.5 million, a Michigan appellate court has ruled, upholding the dismissal of his malpractice suit. 

  • August 20, 2026

    Under Armour Fights Ex-Supplier's Bid For Antitrust Appeal

    Under Armour wants to keep moving toward a November trial for an ex-supplier's tortious interference claims, arguing that a request to pause the case for an immediate appeal of trimmed antitrust allegations rested on the slim chance the Third Circuit would reverse dismissal of those claims.

  • August 20, 2026

    AmEx Waived Arbitration By Refusing Fees, 1st Circ. Says

    American Express forfeited its right to insist on arbitration in a proposed class action by merchants challenging the company's swipe-fee rules when it failed to pay its share of the arbitrator's fees, estimated to be $17 million, the First Circuit has ruled.

  • August 20, 2026

    Conn. Justices Let Parole Outcomes Impact Resentencing

    Judges at sentence modification hearings can consider the decisions of the state parole board as part of a broader array of evidence, the Connecticut Supreme Court ruled Thursday in turning down an appeal from an elderly convict who lost his bid for release from prison.

  • August 20, 2026

    9th Circ. Widens Arbitration Split, But Will High Court Step In?

    The Ninth Circuit issued a decision last week foreclosing the use of the legal concept that a dispute over the enforcement of an international arbitral award might be better heard elsewhere, contributing to a circuit split that could result in the U.S. Supreme Court finally addressing an issue it has previously eschewed.

  • August 19, 2026

    Firms Cut From $101M Anthropic Atty Fees Appeal To 9th Circ.

    Two law firms involved in securing artificial intelligence company Anthropic's $1.5 billion copyright settlement with a class of authors and publishers are appealing to the Ninth Circuit an order excluding them from attorney fees awarded to court-appointed class counsel.

  • August 19, 2026

    5th Circ. Tells FDA To 'Rethink' Rule Behind E-Cig Rejection

    The Fifth Circuit on Wednesday agreed with vaping companies that the U.S. Food and Drug Administration overstepped its authority when it repeatedly blocked approval of flavored e-cigarettes without a notice-and-comment period, holding that the repeated denials constitute a rule that the agency must "rethink" or readopt properly.

  • August 19, 2026

    Amazon Wants Full 9th Circ. To Rethink Block On Perplexity AI

    Amazon is pressing the full Ninth Circuit to consider a lower court's injunction preventing Perplexity's "uniquely reckless" artificial intelligence tool from purchasing items for users on Amazon, arguing that a panel erred in lifting the block earlier this month.

  • August 19, 2026

    German Entrepreneur's Dad Can't Nix SEC Tab, 1st Circ. Rules

    The First Circuit on Wednesday affirmed a judgment against the father of German billionaire Michael Gastauer, saying the parent "waited too long" to object to a lower court's personal jurisdiction over him as a relief defendant in a case concerning his son's alleged participation in an international pump-and-dump scheme.

  • August 19, 2026

    2nd Circ. Revives Signature Bank Investor Suit Against Execs

    The Second Circuit on Wednesday revived a shareholder lawsuit over alleged misstatements about Signature Bank's health ahead of its 2023 collapse, finding that a New York federal court was wrong to toss the case because securities fraud claims against the defunct bank do not transfer to the Federal Deposit Insurance Corp. as the banks' receiver.

  • August 19, 2026

    Abbott Deal Ends Appeal After $495M Baby Formula Trial Loss

    Abbott Laboratories Inc. has struck a deal with a family that won a $495 million judgment against the U.S. pharmaceutical company in a bellwether trial over claims that its baby formula caused a premature baby to suffer a disabling condition, after a midlevel appellate court upheld the win, according to court filings.

  • August 19, 2026

    1st Circ. Says Apellis Disclosures Weren't 'Half-Truths'

    A First Circuit panel on Wednesday affirmed the dismissal of a securities fraud lawsuit accusing Apellis Pharmaceuticals and some of its top executives of misleading investors about the safety testing of the company's eye drug Syfovre, finding no actionable claim the company told "half-truths" about potential side effects of inflammation that can lead to blindness. 

  • August 19, 2026

    3rd Circ. Urged To Revisit Arbitration Doctrine In Award Fight

    An asset management firm required to pay about $11 million in administrative fees and interest has asked the Third Circuit to reconsider its opinion upholding a doctrine under which arbitrators are barred from revisiting their prior decisions, saying it conflicts with binding Third Circuit precedent.

  • August 19, 2026

    Generac Investors Ask 7th Circ. To Revive COVID Sales Suit

    A pension fund has urged the Seventh Circuit to revive a securities class action accusing home generator company Generac Holdings Inc. and its top brass of failing to keep up with a surge in business during the COVID-19 pandemic, arguing the lower court erroneously found that the statements challenged by the suit were immaterial.

  • August 19, 2026

    7th Circ. Backs Developer's Conviction In Bank Fraud Case

    The Seventh Circuit affirmed Tuesday a real estate developer's conviction for his role in a multimillion-dollar embezzlement scheme at a now-shuttered Chicago bank, saying while the line "separating an improper lending relationship from criminality was not obvious in this case," the government presented enough evidence for jurors to conclude he knowingly participated in the fraud.

  • August 19, 2026

    Double Patenting Ripe For Fresh Fed. Circ. Look Amid Debate

    The already complex doctrine of obviousness-type double patenting may now be more tangled following a decision and a brief from the patent office seemingly taking different views on a key issue, but that could set the stage for the Federal Circuit to provide clarity, attorneys say.

  • August 19, 2026

    Air Force Urges Justices Not To 'Engraft' NEPA Onto RCRA

    The Air Force on Wednesday urged the U.S. Supreme Court to reject a Guam nonprofit's assertion that the military branch should have completed an environmental review before it applied to renew a hazardous waste permit allowing it to detonate expired munitions on the island.

  • August 19, 2026

    Fed. Circ. Backs PTAB's Ax Of 10x Genomics Patent Claims

    The Federal Circuit declined Wednesday to save claims in a trio of 10x Genomics patents covering nucleic acid analysis methods, affirming decisions from the Patent Trial and Appeal Board that sided with Parse Biosciences Inc.'s obviousness challenges to the claims.

  • August 19, 2026

    11th Circ. Won't Revive Ex-Deputy's Suit Over Affair Fallout

    A former Georgia deputy and his wife cannot revive their lawsuit accusing county officials of violating their constitutional rights after it was revealed that the deputy was having an extramarital affair with an official's wife while on duty, the Eleventh Circuit said Wednesday.

  • August 19, 2026

    Pro-Business Foundation Backs J&J's Stelara Antitrust Win

    Insurer CareFirst's bid to revive an antitrust lawsuit against Johnson & Johnson over its acquisition of patents affecting competitors would throw cold water over drug company mergers, burden government regulators and strip the issue of intent out of antitrust enforcement, according to an amicus brief filed by the Washington Legal Foundation.

  • August 19, 2026

    8th Circ. Backs $1B Broker Commissions Settlement

    The Eighth Circuit decided Wednesday to affirm a more than $1 billion class action settlement that's supposed to resolve antitrust claims against the National Association of Realtors and multiple real estate brokerages, which were accused of running an anticompetitive scheme that involved the brokerages following NAR rules that artificially inflated buyer-broker commissions.

  • August 19, 2026

    NJ Justices Bar Abuse Claims Against Nat'l Boys & Girls Club

    The New Jersey Supreme Court held Wednesday that the national Boys & Girls Clubs of America can't face litigation in the state over decades‑old abuse allegations at a Jersey City affiliate, finding the claims do not stem from the national organization's ties to the state.

  • August 19, 2026

    Ohio Court Won't Unseal Files Sought In Wrongful Death Suit

    The Ohio Supreme Court on Wednesday ruled that sealed criminal court records should not be unsealed so that they can be used in a civil wrongful death lawsuit, saying there is no evidence the records were improperly restricted.

Expert Analysis

  • A New Defense For Medicaid Fraud Cases In Texas

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    The Texas Supreme Court decision in LabCorp v. Texas last month, finding that the state's False Claims Act requires proof that an omission is material, is among the first to establish that the government's lack of reaction to the defendant's disclosures rendered alleged omissions immaterial, say attorneys at Sheppard.

  • Fighting The Evidentiary Risks Of Deepfakes In Court

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    Though courts and federal rules are only slowly developing frameworks for assessing digital evidence that could have been created or generated by artificial intelligence, litigators should understand what steps they'll likely need to take to successfully challenge potentially deepfaked exhibits — and fight questions about the authenticity of their own, say attorneys at MoFo.

  • Justices' Cuba Ruling Narrowly Recasts Sovereign Immunity

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    The U.S. Supreme Court recently allowed Exxon Mobil's bid for $1 billion in damages for Cuban-seized property to proceed, but the ruling's doctrinal significance is in treating the Helms-Burton Act as a later, specific and self-contained statutory displacement of the default jurisdictional immunity regime, says Josep Galvez at 4-5 Gray's Inn.

  • 'Tiger King' Funeral Clip Ruling Offers Fair Use Road Map

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    The Tenth Circuit's decision in Whyte Monkee v. Netflix that the streaming service's use of another party's funeral footage in the docuseries "Tiger King" constituted fair use lays out a framework for producers to apply the four statutory fair use factors to their own projects, says Frank D’Angelo at Loeb & Loeb.

  • Justices Stand On Statutory Specifics In Cisco And Landor

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    With its June 23 decisions in Cisco Systems Inc. v. Doe and Landor v. Louisiana Department of Corrections and Public Safety, the U.S. Supreme Court doubled down on the critical point that the statute invoked in a federal claim must authorize a private lawsuit and the remedy sought, says Patrick Judd at Phelps Dunbar.

  • Justices' Concurrences Foretell Fault Line On Appeal Waivers

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    The U.S. Supreme Court recently ruled 8-1 in Hunter v. U.S. that appeal waivers that produce a miscarriage of justice are unenforceable, but the decision's concurrences indicate future divisions over whether this exception will be used as a rare safety valve or to police ordinary but troubling plea errors, say attorneys at RJO.

  • How Montgomery Ruling Will Affect Cos. Across Supply Chain

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    Since the U.S. Supreme Court's May 14 decision in Montgomery v. Caribe Transport II, the immediate focus has been on freight brokers and negligent carrier-selection claims, but the ripple effects may extend to shippers, logistics providers, insurers, transportation managers and other participants in the supply chain, say attorneys at Quintairos Prieto.

  • High Court's FCC Fine Ruling Reframes Agency Enforcement

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    The U.S. Supreme Court's recent decision in Federal Communications Commission v. AT&T sweeps aside uncertainty about what kinds of regulatory enforcement trigger a Seventh Amendment right, say attorneys at Squire Patton.

  • How 6th Circ. Tightened NLRB Injunction Standard

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    The Sixth Circuit's recent ruling in Kerwin v. Trinity Health Grand Haven Hospital, dissolving a Section 10(j) injunction obtained by the National Labor Relations Board against an employer that refused to bargain, will make it harder for the NLRB to obtain injunctions while prosecuting unfair labor practice proceedings, say attorneys at Bass Berry.

  • After Durnell, Connecting Science And Causation Will Be Key

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    The U.S. Supreme Court's June 25 decision in Monsanto v. Durnell narrowed label-based failure-to-warn claims — meaning that going forward, viable theories will depend even more on whether experts can reliably connect scientific evidence to the causal proposition the law requires, says Alex Smolak at Weill Cornell Medicine-Qatar.

  • Series

    Choral Singing Makes Me A Better Lawyer

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    Singing in the New York City Bar Chorus — a hobby partly inspired by the late U.S. District Judge Richard Owen, who infused my clerkship year with opera music — has improved my legal career by refining my abilities to listen, exude confidence and develop emotional intelligence, says Bonnie Baker at Friedman Kaplan.

  • Attorney Mental Health Is An Ethical Obligation In The AI Era

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    As attorneys cope with the increasing unpredictability that artificial intelligence and constant policy changes have created, particularly in practice areas where they carry the emotional weight of clients’ most consequential life events, otherwise soft discussions about self-care are a matter of professional competence, says attorney Jack Jrada.

  • 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.

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