Appellate

  • September 03, 2026

    Conn. Justices Uphold Guilty Verdict Despite Juror's Remorse

    The Connecticut Supreme Court on Thursday upheld a guilty verdict in an attempted murder case despite one juror's comment that the top charge left her feeling "a little guilty," with the justices characterizing the phrase as an indication of the juror's "strong and unsettling emotions," not her "uncertainty or equivocation."

  • September 03, 2026

    Phil Berger Jr. Won't Seek Reelection To NC High Court

    North Carolina Supreme Court Associate Justice Phil Berger Jr. said Thursday that he will not seek another term in 2028, meaning the Republican justice will leave the state's highest court after completing his current term.

  • September 03, 2026

    XPO Fights 'Drastic' Sanctions In Fatal Crash Suit

    XPO Logistics Freight Inc. told a North Carolina appeals court that a trial judge went too far by effectively deciding liability against the company in a wrongful death suit over a fatal 2023 tractor-trailer crash as a sanction for alleged discovery violations.

  • September 03, 2026

    Nippon Tells 9th Circ. Not To Revive US Steel Merger Case

    Nippon Steel urged the Ninth Circuit on Wednesday not to revive a consumer lawsuit challenging its now-completed purchase of U.S. Steel Corp., arguing the district court rightly found the plaintiffs too far removed from the steel market to allege higher prices when buying steel-containing products.

  • September 03, 2026

    Fed. Circ. Solidifies Vifor Win Over Iron Deficiency Patent

    The Federal Circuit on Thursday affirmed a lower court's decision that pharmaceutical company Vifor did not infringe a patent covering a method of making iron supplements asserted by rival Biofer.

  • September 03, 2026

    Judge Suggests Mail Ballot Rule Too Late For Midterms

    A Massachusetts federal judge appeared poised Thursday to extend her block on the U.S. Postal Service implementing new requirements that would allow the agency to refuse to deliver potentially thousands of mailed ballots this November, suggesting the midterm elections are too close to make such a sweeping change.

  • September 03, 2026

    Former Girardi Keese CFO Drops Appeal Of 5-Year Fraud Term

    The Seventh Circuit has granted onetime Girardi Keese financial chief Christopher Kamon's request to drop the appeal he lodged fighting an Illinois federal judge's order adding five concurrent years onto the 10 he is already serving for his role helping Tom Girardi, the head of the firm, steal millions from plane crash clients who settled cases in Chicago.

  • September 03, 2026

    11th Circ. Won't Toss Grouper Catch Limit Over Council Defect

    An Eleventh Circuit panel Thursday agreed the structure of a regional fishery management council runs afoul of the U.S. Constitution's appointments clause, but refused to throw out a challenged rule that reduced catch limits for gag grouper in the Gulf of Mexico.

  • September 03, 2026

    Boutique Firms Emerge As Trump Admin's 'Achilles' Heel'

    Less fearful of retribution than some of their BigLaw counterparts, small law firms are taking on an outsize role handling cases seen as adversarial to the Trump administration.

  • September 02, 2026

    Split 9th Circ. Curbs Foreign Asset Forfeiture Without Control

    A split Ninth Circuit panel Wednesday held that courts must determine that they have, at the very least, constructive control over a foreign defendant's property to establish jurisdiction in a forfeiture case, pointing to the Fifth Amendment's due process clause.

  • September 02, 2026

    Trading Firm To Seek Justices' Input On Arbitration Questions

    The Seventh Circuit said Wednesday that it will wait to make its arbitration rejection official so a Chicago trading firm can ask the U.S. Supreme Court to determine whether it was correctly ordered to litigate proposed class securities manipulation accusations.

  • September 02, 2026

    VLSI Presses Court For Full Anonymous Report In Intel Row

    VLSI has urged a D.C. federal court to force the U.S. Patent and Trademark Office to release an unredacted version of a report alleging a connection between Intel and a company that successfully challenged a VLSI patent at issue in a multibillion-dollar infringement case.

  • September 02, 2026

    Online Embedders May Like 5th Circ.'s Pivot On Server Test

    The Fifth Circuit last week rejected a 2007 copyright test that publishers have long criticized, but attorneys say the court's replacement may still leave news aggregators and apps that embed third-party content in a strong position while putting more pressure on rights holders to restrict content they don't want embedded elsewhere.

  • September 02, 2026

    Thomson Reuters Cyberattack Hits North American Courts

    A recent cyberattack on Thomson Reuters' court management software affected files associated with court systems in 11 states, the U.S. Virgin Islands and Canada, and may have exposed sealed documents and individuals' personal information, according to a Wednesday announcement from the technology and information services company.

  • September 02, 2026

    Fla. Appeals Court Cuts Murder Conviction To Manslaughter

    A Florida appeals court Wednesday reversed a man's conviction for second-degree murder, holding that his fatal shooting of his sister's boyfriend following a domestic incident was an "impulsive overreaction" and he should therefore be convicted of manslaughter instead.

  • September 02, 2026

    Fed. Circ. Won't Bring Back Pediatric Supplement Patent

    The Federal Circuit on Wednesday declined to revive a patent covering a pediatric vitamin D supplement after some claims were found to be unpatentable by the Patent Trial and Appeal Board, finding no abuse of discretion in the board's logic.

  • September 02, 2026

    Public Access Gets Win In Ex-Fla. GOP Chair's Records Case

    A Florida appellate court ruled Wednesday in favor of public access to investigative records involving the former chairman of the Sunshine State's Republican Party, finding that only legislators can create exemptions under the state's Public Records Act. 

  • September 02, 2026

    FCC Staff Are Making Big Decisions, But The Tactic Isn't New

    When an arm of the Federal Communications Commission that deals with broadcast competition waived one of the country's signature media ownership rules without a full FCC vote this year, it wasn't the first time agency staff had been entrusted with a major decision by the FCC's politically appointed chair.

  • September 02, 2026

    House Rejects Amendment To Fix Court At 9 Justices

    The House failed to pass a proposed constitutional amendment on Wednesday that would keep the number of U.S. Supreme Court justices at nine.

  • September 02, 2026

    Fla. Driver's Conviction Upheld Over 'Intentional' Gate Damage

    A rideshare driver who damaged a malfunctioning community gate could have stopped trying to force it open or called the police for help, a Florida state appeals court said Wednesday in upholding the driver's felony conviction for criminal mischief.

  • September 02, 2026

    3rd Circ. Says 2nd Circ. Case Is No Cause To Review Deportation

    The Third Circuit has upheld an immigration appeals board's denial of a noncitizen's latest challenge to his 2011 removal order following a drug conviction, finding a change in law from the Second Circuit doesn't warrant reopening or reconsidering his case.

  • September 02, 2026

    Fed. Circ. Backs Micron's PTAB Wins Over Netlist

    Micron took home a series of wins at the Federal Circuit on Wednesday in its multifaceted patent battle against Netlist, with the court upholding invalidations of five computer memory patents.

  • September 02, 2026

    2nd Circ. Says PBM Opioid Crisis Suits Belong In Fed. Court

    Local New York governments can't keep dozens of suits alleging two of the nation's largest pharmacy benefit managers contributed to the opioid epidemic in state court, a Second Circuit panel held Wednesday, finding the litigation alleges "indivisible" federal and non-federal conduct by the PBMs.

  • September 02, 2026

    Fla. Trump Resort Beats Suit Over Guest's Foot Amputation

    A Florida appeals court on Wednesday tossed a suit seeking to hold the Trump International Beach Resort liable for the amputation of a guest's foot after he walked on a hot pool deck, saying the hot surface was an open and obvious condition.

  • September 02, 2026

    10th Circ. Says Vape Shops Fumbled Utah Flavor Ban Appeal

    The Tenth Circuit dismissed an appeal brought by vape businesses challenging Utah's flavored e-cigarette ban, ruling that the companies picked the wrong order to bring to it on appeal.

Expert Analysis

  • Opinion

    At High Court, Oil Cos.' Suncor Preemption Claims Fall Short

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    In Suncor Energy v. Boulder County, pending before the U.S. Supreme Court, oil and gas companies argue that municipalities' climate deception claims are equivalent to emissions standards for their industry — but the suit is ultimately incapable of imposing such standards, say Thomas McGarity at the University of Texas School of Law and James Goodwin at the Center for Progressive Reform.

  • 3 Disgorgement Questions Linger After Justices' SEC Ruling

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    While the U.S. Supreme Court’s recent decision in Sripetch v. U.S. Securities and Exchange Commission avoided placing new limits on the SEC’s disgorgement powers, it passed over several questions, including whether the commission can seek disgorgement when returning the money to investors isn't possible, says David Slovick at Kopecky Schumacher.

  • Checking For AI Errors Is Now A Two-Way Street

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    A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

  • Opinion

    Federal Circuit Should Implement Mini En Banc Process

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    To fulfill its mission of uniformity in patent law while avoiding the challenges of en banc hearings, the Federal Circuit should institute mini en bancs — allowing regular three-judge panels to exercise en banc powers unless a majority of the court says otherwise, says Joshua Sohn at the U.S. Department of Justice.

  • What's Next After Justices' Last-Mile Driver Arbitration Ruling

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    The U.S. Supreme Court's recent decision in Flowers Foods v. Brock, refusing to narrow the scope of a Federal Arbitration Act exemption for workers engaged in interstate commerce, gives previously unprotected workers access to litigation, but preserves two potentially powerful arguments for future proceedings, say attorneys at Husch Blackwell.

  • Series

    The Biz Court Digest: Shoring Up Corporate Law In Maryland

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    Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

  • How End Of SEC 'Gag Rule' Affects Free Speech Certiorari Bid

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    The Securities and Exchange Commission's recent rescission of the so-called gag rule, which forbade defendants in settlements from denying the SEC’s allegations, may sway the outcome of a petition to the Supreme Court in a case challenging the rule on First Amendment grounds, say attorneys at Troutman.

  • 2nd Circ.'s Embedded Video Ruling May Protect Publishers

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    The Second Circuit's recent decision in Richardson v. Townsquare, dismissing an infringement claim arising from an embedding of a YouTube-hosted interview, reaffirms a potent defense for publishers who regularly use social media platforms' embed functionality, says Amanda Harris at Jassy Vick.

  • Federal Officer Removal After Justices' La. Pollution Ruling

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    In the wake of the U.S. Supreme Court's recent ruling in Chevron USA v. Plaquemines Parish, companies seeking to use federal officer removal to move litigation out of state court should ask three questions, focusing on government contract language, federally directed activity and related conduct, say attorneys at Hollingsworth.

  • Series

    Competing At Poker Makes Me A Better Lawyer

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    Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

  • Revisiting TransUnion's Underused Standing Rule, 5 Years On

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    The Ninth Circuit Court of Appeals' recent use of the U.S. Supreme Court’s now five-year-old TransUnion v. Ramirez rule specifying that the "mere risk of future harm" isn't concrete enough to support a damages claim presents an opportunity to revisit this underutilized standing rule, say attorneys at Horvitz & Levy.

  • 5 Things Associates Must Ask About Their Firm's Merger Plan

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    The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

  • Uncertainty Looms After Justices' Withdrawal Liability Ruling

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    The U.S. Supreme Court's recent holding in M&K Employee Solutions v. Trustees of the IAM National Pension Fund increases the unpredictability of withdrawal liability assessments, so employers should prepare for a range of assessments and be equipped to challenge unreasonable ones, say attorneys at Winston Taylor.

  • CFTC Trading Rule Can't Police Prediction Markets Yet

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    The Commodity Futures Trading Commission’s recent efforts to police insider trading in prediction markets through a post-Dodd-Frank anti-fraud rule exposes doctrinal gaps around misappropriation theory, leaving platforms to fill the void with win-rate-based surveillance, says attorney Tamara de Silva.

  • 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.

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