Appellate

  • October 02, 2026

    Fla. Firm Knew It Had To Secure Lender Notes, 11th Circ. Told

    A Puerto Rican microcap lender asked the Eleventh Circuit on Friday to overturn a trial verdict in favor of a law firm that the lender accused of botching several financial transactions, arguing jurors should've found that the firm committed malpractice by failing to secure the company's assets in bankruptcy proceedings.

  • October 02, 2026

    Meet The Attys Arguing Colo. Climate Tort At The High Court

    U.S. Supreme Court oral arguments over the future of climate change torts against energy companies on Monday will feature a trio of attorneys who have spent plenty of time at the high court's lectern. Here's who will be arguing for or against letting the city and county of Boulder, Colorado's climate lawsuit against ExxonMobil and Suncor Energy proceed in state court.

  • October 02, 2026

    Judge Clevenger Retires After 36 Years On Fed. Circ.

    U.S. Circuit Judge Raymond C. Clevenger III has retired from the Federal Circuit, 20 years after taking senior status, the court said Friday.

  • October 02, 2026

    Fed. Circ. Affirms Corteva Unit IP Loss Days After Inari Deal

    The Federal Circuit on Friday refused to revive a patent owned by a unit of a DowDuPont spinoff covering a plant gene resistant to weed killers, agreeing with the Patent Trial and Appeal Board's determination that it wasn't enabled.

  • October 02, 2026

    Full Fed. Circ. Won't Review NPE Marking, Ramey Sanctions

    The Federal Circuit on Friday said it won't rethink its ruling that patent owners must ensure that all licensees mark their products with patent information in order to recover presuit damages, nor its denial of patent attorney William Ramey's appeal of sanctions against him at a lower court.

  • October 02, 2026

    DOJ Envisions 'Full-Fledged Law Firm' To Combat Gov't Fraud

    The National Fraud Enforcement Division was created less than six months ago, but it is rapidly reshaping the U.S. Department of Justice and spurring an uptick in internal corporate investigations, white collar experts say.

  • October 02, 2026

    Nurse Can't Get 9th Circ. To Reopen COVID-19 Vax Bias Suit

    A split Ninth Circuit panel refused Friday to reinstate a lawsuit alleging an Oregon healthcare system violated the First Amendment when it refused to excuse a nurse from its COVID-19 vaccination mandate, concluding the hospital had demonstrated it would've been too difficult to let her skip the jab.

  • October 02, 2026

    6th Circ. Blocks 100s Of Opioid MDL Cases Targeting PBMs

    The Sixth Circuit on Friday overturned a pivotal decision in multidistrict opioid litigation that had dramatically expanded claims against the nation's largest pharmacy benefit managers, saying the MDL's presiding judge "clearly abused" his authority by belatedly allowing hundreds of new cases in one fell swoop.

  • October 02, 2026

    Justices Seek Worker's Input On ERISA Arbitration Denial

    The U.S. Supreme Court has asked a 401(k) plan participant to reply to investment management company Capital Group's bid for review of a split Ninth Circuit ruling that refused to kick to arbitration her suit alleging underperforming proprietary offerings in the company's retirement plan.

  • October 02, 2026

    Del. Justices Back Dismissal Of Gemini's Bausch & Lomb Suit

    The Delaware Supreme Court has upheld the dismissal of Gemini Insurance Co.'s request to block Bausch & Lomb Americas Inc. from pursuing an insurance coverage fight in Louisiana, ruling that Gemini waived its argument that the case should have been transferable to Delaware Superior Court.

  • October 02, 2026

    Roberts Wants Less Talk. Supreme Court Attorneys Disagree.

    Near the end of last term, Chief Justice John Roberts voiced his frustration with the U.S. Supreme Court's lengthening oral argument sessions and suggested the justices might tweak their format over the summer. But as the new term begins Monday, the court has yet to announce any changes, and advocates see little need for improvement.

  • October 02, 2026

    2nd Circ. Forges Own Path In Limited Partner Tax Ruling

    The Second Circuit's decision limiting a self-employment tax break for limited partners with significant managerial roles reached a conclusion similar to that of a recent Fifth Circuit ruling, but practitioners said notable differences between them create a split requiring resolution by the IRS, the U.S. Supreme Court or Congress.

  • October 02, 2026

    5 Supreme Court Cases To Watch This Fall

    The U.S. Supreme Court will convene Monday to begin its 2026 October term, which includes several cases that could determine the future of climate change tort litigation, expand religious freedoms and parental rights, and grant states authority to require proof of citizenship when individuals register for presidential elections using state forms. 

  • October 02, 2026

    4 Argument Sessions Benefits Attys Should Watch In October

    Former Intel workers' bid to convince the U.S. Supreme Court to revive their suit alleging shoddy retirement plan investments tops the list of oral arguments slated for October that benefits attorneys may want to keep an eye on. Here's a look at that case and three others teed up for argument this month.

  • October 01, 2026

    Fate Of Patent Awards Over $1B Shows Hurdles In Apple Case

    Taction Technology Inc. has secured the largest patent damages verdict in history with a $5.7 billion win against Apple Inc., but it may face an uphill battle to collect, since nearly every previous patent judgment over $1 billion was later reduced or overturned.

  • October 01, 2026

    5th Circ. Rejects Jewish Man's Bias Suit Against Franchise

    The Fifth Circuit ruled Wednesday that a Jewish man cannot become a franchisee of a Christian-only automotive franchise, saying the franchise does not discriminate against Jewish ethnicity and the law at issue does not bar religious discrimination.

  • October 01, 2026

    6th Circ. Backs Immunity In Search Of Empty Home

    Michigan state troopers who searched a vacationing couple's home while attempting to execute a bench warrant are protected by qualified immunity because existing case law has not established that such a search is a violation of constitutional rights, a Sixth Circuit panel said Wednesday.

  • October 01, 2026

    Mich. Panel Revives Child Sex Case Over Possible Entrapment

    The Michigan Court of Appeals has "conditionally reversed" a man's conviction for "child sexually abusive activity," with a panel finding that his counsel did not correctly challenge a police sting operation, causing him to be ineffectively represented at trial.

  • October 01, 2026

    Fed. Circ. Won't Rethink Vacating Contractor's $12.7M Award

    The Federal Circuit said Thursday it won't disturb a unanimous three-judge panel's decision vacating a roughly $12.7 million award a software developer won against the federal government over unauthorized software copies, denying a panel rehearing and rehearing en banc.

  • October 01, 2026

    7th Circ. Asks When Int'l Arbitration Pacts Are 'Null And Void'

    The Seventh Circuit for the first time is grappling with the grounds under which courts may determine if an international arbitration clause is null and void, with one judge questioning Thursday whether consumers should be forced to arbitrate their claims against online casino operators in Canada if Ontario law could ultimately invalidate any resulting award.

  • October 01, 2026

    $16B Ruling Faces High Court Sovereign Immunity Challenge

    The U.S. Supreme Court is being asked to review an "egregiously wrong" Second Circuit decision that overturned a New York judge's $16 billion judgment against Argentina that arose from its nationalization of YPF SA, the country's largest oil and gas exploration company.

  • October 01, 2026

    Water Utilities Say EPA Rule Defines Them Too Broadly

    The fate of a federal plan to eliminate the nation's lead drinking-water pipes may come down to a debate over the definition of a public water system.

  • October 01, 2026

    Hospital Can't Privately Contact Ex-Docs, Wash. Justices Rule

    Washington's Supreme Court split 6-3 Thursday in ruling that Virginia Mason Medical Center improperly engaged in private communications with a malpractice plaintiff's treating doctors by failing to go through formal discovery or establish the patient's knowledge or consent.

  • October 01, 2026

    NFL Concussion Claims Constitute Separate Occurrences

    A New York appeals court held Thursday that concussion-related injury claims brought by former professional football players should be treated as separate occurrences under the NFL's insurance policies, thus implicating coverage under a primary policy but not a fifth-layer excess policy.

  • October 01, 2026

    Trump Says Copyright Chief Can't Stay In Office Amid Appeal

    The Trump administration is urging the D.C. Circuit to let it remove U.S. Copyright Office leader Shira Perlmutter, arguing that the U.S. Supreme Court's decision protecting Federal Reserve Gov. Lisa Cook for now does not entitle Perlmutter to remain in office while her firing challenge proceeds.

Expert Analysis

  • 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.

  • 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.

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