Appellate

  • September 25, 2026

    DC Circ. Backs Buy America Waiver For Brightline Trains

    The D.C. Circuit on Friday rejected Alstom Transportation Inc.'s challenge of a Buy America waiver approved for trains for a high-speed rail project linking Las Vegas to Southern California, holding that the waiver is reasoned and aligns with federal requirements.

  • September 25, 2026

    9th Circ. OKs Class Cert. In Classmates.com Name Use Case

    The Ninth Circuit has approved a lower court's certification of a class of Californians suing over their names appearing in the yearbooks platform Classmates.com, rejecting a number of challenges from the website's operator, including that the lead plaintiff couldn't adequately represent the class.

  • September 25, 2026

    3rd Circ. Backs Pa. Milk Bond Law In NJ Cheese Co.'s Suit

    The Third Circuit has upheld a Pennsylvania law requiring milk distributors to post an annual bond to the state, rejecting a New Jersey cheese seller's claims that the rule unfairly restrains interstate commerce.

  • September 25, 2026

    Clothing Co. Settles TM Suit With Chinese Seller After Appeal

    A clothing company has settled its counterfeiting lawsuit against a Chinese e-commerce seller after the Seventh Circuit revived the dispute in May, directing a lower court to determine if the rules of The Hague Service Convention apply and prohibit the email service of the complaint.

  • September 25, 2026

    Fla. Panel Rejects Punitive Damages In Fatal Truck Crash Suit

    A Florida state appellate court on Friday rejected a bid by two families to add punitive damages in their lawsuit alleging that a semitruck driver caused a crash that killed a young couple, finding no error by the lower court.

  • September 25, 2026

    Verdict Axed Over Injured Homeowner's Absence At Trial

    A Florida appellate panel on Friday said a homeowner is owed a new jury trial in an insurance dispute over coverage for losses from a plumbing incident, finding a lower court should have declared a mistrial when the homeowner was seriously injured and unable to attend the trial.

  • September 25, 2026

    2nd Circ. Rules $7.25M Mansion Belongs In Guo's Ch. 11

    The Second Circuit on Friday upheld a Connecticut bankruptcy court decision that folded a $7.25 million mansion into the Chapter 11 estate of convicted fraudster Miles Guo, turning away his wife's argument that she actually controlled the property's corporate owner.

  • September 25, 2026

    Full 2nd Circ. Won't Revisit Rejection Of Feds' No-Bond Policy

    The en banc Second Circuit on Friday denied a request by the Trump administration for the full court to rehear a unanimous panel decision rejecting the government's argument that noncitizens who entered the U.S. unlawfully aren't eligible for bond.

  • September 25, 2026

    Google Win Over Online Ad Patent Case Upheld By Fed. Circ.

    The Federal Circuit on Friday refused to revive an advertising management system company's infringement suit against Google and YouTube, agreeing with a California federal judge's finding that the claims at issue were invalid under the U.S. Supreme Court's Alice precedent.

  • September 25, 2026

    Pitt Can't Sue Marshall U. In College Football Hosting Spat

    West Virginia's constitution does not allow the University of Pittsburgh to haul Marshall University into a Pennsylvania court for a dispute over a canceled college football game, a Keystone State appellate panel ruled Thursday.

  • September 25, 2026

    Mass. Man Can Try To Undo Plea Over DA Misstatements

    Massachusetts' intermediate appeals court on Friday gave a man a chance to withdraw his guilty plea to an alleged 1999 rape, citing evidence that a prosecutor gave his plea counsel a misleading summary of the DNA evidence.

  • September 25, 2026

    Unions Urge 2nd Circ. To Back Reviving Uber, Lyft Driver Law

    A group of unions and workers' rights advocates has asked the Second Circuit to lift the block on a municipal ordinance banning Uber and Lyft from kicking drivers out of the app without a formal notice or an investigation, claiming the district court was wrong to stop the law.

  • September 25, 2026

    Supreme Court Revives DHS Voter Citizenship Database

    The Trump administration can reinstate the U.S. Department of Homeland Security's upgraded citizenship verification database ahead of this year's midterm elections, the U.S. Supreme Court ruled Friday.

  • September 25, 2026

    DC Circ. Denies Anthropic's Security Risk Suit Against DOD

    A divided D.C. Circuit panel ruled Friday the Pentagon was justified in citing national security concerns to exclude Anthropic's suite of Claude artificial intelligence models from its supply chain.

  • September 24, 2026

    Jurisdictional Skepticism Puts Eli Lilly Appeal On Thin Ice

    Eli Lilly & Co.'s bid to unwind the U.S. Food and Drug Administration's refusal to classify a developing obesity treatment as a biological product appears to suffer from jurisdictional issues that might sink the company's appeal before its resolved, a Seventh Circuit judge signaled Thursday.

  • September 24, 2026

    Split Texas Court Finds Counsel Failures In Fatal Crash Case

    The Texas Court of Criminal Appeals on Thursday vacated the felony murder conviction of a man involved in a deadly police-pursuit crash, saying in a split habeas opinion that his trial counsel was ineffective.

  • September 24, 2026

    Tata Ordered To Pay $15M In Fees In Trade Secret Case

    A Texas federal judge has ordered Tata Consultancy Services Ltd. to pay $15.3 million in attorney fees to Computer Sciences Corp., saying that amount accounts for a reasonable rate and that Tata should be "thankful" the court wasn't ordering it to pay for fees incurred from document review.

  • September 24, 2026

    Ill. Justices Say Uber Can't Arbitrate Wrongful Death Suit

    The Illinois Supreme Court ruled Thursday that Uber can't compel arbitration of wrongful death claims arising from a fatal crash, finding that a widow's separate user agreement with the company did not apply to the estate's wrongful death claims.

  • September 24, 2026

    Full 9th Circ. Asked To Revisit $2B Devas Arbitral Award

    An Indian state-owned aerospace company has urged the full Ninth Circuit to review a three-judge panel's unanimous decision to enforce a $2 billion arbitral award issued to a Bangalore-based satellite communications company, saying the decision raises important questions about the constitutional limits on jurisdiction of foreign disputes with no connection to the U.S.

  • September 24, 2026

    Trump Admin Asks Justices To Allow 3rd-Country Removals

    The Trump administration Thursday urged the U.S. Supreme Court to let it continue deporting migrants to countries other than their native country, saying a district court's order that found the government's policy on third-country removals unlawful is "fundamentally flawed."

  • September 24, 2026

    Ill. Justices Mull Closed Arb. For Chicago Police Misconduct

    Illinois Supreme Court justices wrestled Thursday with whether the city of Chicago's history of publicly adjudicating allegations of the most serious police misconduct can establish a statewide public policy requiring open proceedings, while questioning a city police union on why transparency and promoting trust in law enforcement don't justify public attendance.

  • September 24, 2026

    Ga. Appeals Court Gives Woman 2nd Shot In Carport Fight

    The Georgia Court of Appeals said Thursday a trial court should not have dismissed a woman's petition seeking review of an Atlanta Urban Design Commission decision for lack of standing, giving the woman another shot at stopping a neighbor from building a carport.

  • September 24, 2026

    Fla. Judge Seeks Journo Docs In Death Penalty Ethics Case

    A Florida appellate judge on Thursday urged a state disciplinary commission chairman to overrule an investigative panel's objections to providing communications between lawyers and newspaper reporters in connection to allegations that she attempted to influence a lower court proceeding, saying the records are needed to fight her case. 

  • September 24, 2026

    Plaintiffs Bar Says $243M Tesla Verdict Doesn't Hurt Innovation

    An association of plaintiffs attorneys is urging the Eleventh Circuit to reject Tesla Inc.'s appeal of a $243 million verdict against it in a fatal crash suit, saying products liability law and punitive damages don't hinder or put a "tax" on innovation, but rather encourage it by creating an incentive to create better, safer products.

  • September 24, 2026

    DC Circ. Questions Panhandle's Claim To Excess Tax Funds

    A D.C. Circuit judge questioned whether Panhandle Eastern Pipe Line should be allowed to pocket excess sums collected under its income tax allowance from prior years that were placed in a separate account for accumulated deferred income taxes.

Expert Analysis

  • Fla. Justices Give Trial Judges More Dismissal Discretion

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    The Florida Supreme Court's recent decision in Publix Supermarkets Inc. v. Goga confirmed that appellate courts should not apply a heightened standard when reviewing severe sanctions for fraud on the court, granting greater deference to trial courts, says Brent Hartman at RumbergerKirk.

  • Opinion

    2nd Circ. Tylenol Ruling Misapplies Daubert Gatekeeping

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    The Second Circuit's recent ruling in Rutledge v. Walgreen Co., holding that a lower court should not have excluded experts alleging links between prenatal acetaminophen use and autism, threatens to swallow the Daubert standard by limiting courts' consideration of scientific consensus in assessing reliability of expert testimony, say attorneys at Benesch.

  • Limiting Employer Risk If Calif. Case Upends Time Rounding

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    The California Supreme Court's holdings in recent years suggest that it may tighten the rules for — or even eliminate — time clock rounding when it decides Camp v. Home Depot, so employers should consider taking preemptive steps to guard against large potential liability, says Jacqueline Crispino at the Jhaveri-Weeks Firm.

  • AG Watch: Va. Auto Renewal Law Clears Enforcement Path

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    The most consequential aspect of recent amendments to Virginia's automatic renewal law is the enforcement authority it creates, giving the attorney general a clear statutory pathway to pursue cases involving subscription-related compliance failures under the Virginia Consumer Protection Act, says Chuck Slemp at Cozen O'Connor.

  • 4th Circ. Boeing Class Cert. Ruling May Have Limited Reach

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    While the Fourth Circuit's recent decision to reverse class certification against Boeing appears to potentially create a circuit split or heighten the standards for achieving class certification, that conclusion overlooks the decision's very specific circumstances, and its impact will likely be limited outside the circuit, say attorneys at Bleichmar Fonti.

  • Fed. Circ.'s Shaping Of Tech Patent Doctrine Resembles EPO's

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    The Federal Circuit's recent decision in Ceiva v. Amazon crystallizes an informal U.S. heuristic, "a technological solution to a technological problem," rewarding emphasis of a traceable chain from a problem to a solution — a lesson similar to the European Patent Office's "technical character" terminology, says Brandon Theiss at AddyHart.

  • Opinion

    After Monsanto, Defense Bar Must Build Case Against Lohr

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    The U.S. Supreme Court's recent decision in Monsanto v. Durnell has helped to demolish the foundation for its problematic 1996 ruling in Medtronic v. Lohr — so now defense counsel should lay the groundwork for the high court to overturn Lohr, say attorneys at Blank Rome.

  • Justices' FTC Ruling Weakens Qui Tam's Constitutional Base

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    The U.S. Supreme Court’s holding in Trump v. Slaughter, expanding presidential control over those exercising executive power, suggests that courts may be receptive to arguments challenging the constitutional foundations of the False Claims Act’s qui tam mechanism, says Daniel Passeser at Wiggin.

  • 9th Circ. Rule Block Unlikely To Deter FinCEN Cartel Focus

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    The Ninth Circuit recently blocked the Financial Crimes Enforcement Unit's border cash reporting rule, interpreting it as an impermissible use of an emergency anti-money laundering tool, but regulators are more likely to see the opinion as a road map for building a more defensible rule, say attorneys at Bradley Arant.

  • 5 Financial Statement Fraud Red Flags To Spot Post-Sripetch

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    The U.S. Supreme Court recently held in Sripetch v. U.S. Securities and Exchange Commission that disgorgement exists to strip a wrongdoer of unjust enrichment, not merely to compensate victims for what they lost, shifting the work at the center of securities fraud cases in five ways, says Rand Manasse at Green Lane Partners.

  • QVC Ch. 11 Confirmation Shows Independent Directors' Value

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    QVC's recently confirmed Chapter 11 plan joins a growing body of restructuring precedent demonstrating that well-functioning independent director frameworks can create the evidentiary and governance foundation necessary to resolve complex intercompany disputes, preserve value and secure judicial approval of contested transactions, say attorneys at Choate.

  • Series

    Being A Sommelier Makes Me A Better Lawyer

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    Being a sommelier has quietly shaped how I practice law by changing the way I think, communicate and connect with people, and offers a constant reminder that expertise is about making your knowledge useful and accessible to others, says Kara Du at Sheppard.

  • MF Doom IP Suit Highlights Hurdles For Trademark Claims

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    A recent lawsuit involving unauthorized merchandise bearing MF Doom's name and likeness is likely a preview of how infringement and counterfeit cases against online marketplaces will be defended going forward, shedding light on how intellectual property counsel can avoid dismissal of their claims, say Purdue Global Law School professor Scott Mortman and Southwestern Law School student Eden Burkow.

  • Calif. Drug Ruling Affirms Defect-Centric Liability Framework

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    The California Supreme Court's decision in Gilead Tenofovir Cases this week rejects a novel duty-to-innovate theory of negligence that could have reshaped product liability exposure well beyond the pharmaceutical industry, instead signaling that negligence claims premised on nondefective products are unlikely to succeed, say attorneys at Dechert.

  • Navigating Court Divergence On Method Claims And Venue

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    After the U.S. Supreme Court's recent Hikma v. Amarin decision putting a spotlight on the pleading standard for inducement, patent litigants must adapt to courts' differing approaches to how separate method steps affect the determination of patent venue validity, say attorneys at Weil.

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