Appellate

  • October 05, 2026

    ​​​​​​​High Court Won't Revisit Groff Religious Accommodation Test

    The U.S. Supreme Court on Monday declined an invitation by a group of Washington firefighters to clarify whether the court's landmark 2023 decision in Groff v. DeJoy requires employers accused of illegally denying religious accommodations to show that the workplace adjustments present an actual hardship.

  • October 03, 2026

    Up First At High Court: Climate Torts & Munitions Disposal

    The U.S. Supreme Court will begin its new term on Monday, when the justices consider whether state courts have the authority to hear climate change lawsuits that seek to hold fossil fuel companies liable for local damages caused by greenhouse-gas emissions and whether federal courts can hear constitutional challenges to veterans benefits laws.

  • October 03, 2026

    Justice Alito Says He's Weighing The Best Time To Retire

    U.S. Supreme Court Justice Samuel Alito has confirmed that he considered retiring at the end of the high court's latest term, and that he will continue to weigh that decision "every term." 

  • October 02, 2026

    Pa. High Court Won't Order New Rape Trial Over DA Comment

    A divided Pennsylvania Supreme Court won't order a new rape trial for a man even though a prosecutor improperly implied the man's retaining an attorney was an indicator of guilt, finding the evidence in his case is so overwhelming that it outweighed the prosecutor's error. 

  • October 02, 2026

    Teva Ruling Creates Medicare Drug 'Chaos,' Full DC Circ. Told

    The federal government asked the full D.C. Circuit on Friday to reconsider a panel ruling allowing Teva to challenge Medicare's rules for deciding which drugs qualify for price negotiations, arguing the decision invites litigation that could create drug-pricing "chaos" and cause drug prices to quickly leap by more than 550%.

  • October 02, 2026

    Trump Asks 9th Circ. To Pause Seattle US Atty Reinstatement

    The Trump administration called on the Ninth Circuit Friday to suspend a federal judge's Thursday order reinstating Roger Rogoff as U.S. attorney for the Western District of Washington, seeking to keep Charles Neil Floyd as acting head of the Seattle office pending the government's appeal.

  • October 02, 2026

    Pa. Justices Reject Federal Limits On Agency Deference

    Pennsylvania courts do not have to follow federal precedents that limit deference to a state agency's interpretation of unclear regulations, with a majority of the state's highest court finding Thursday that an agency interpretation can be one of multiple factors for analyzing an ambiguous regulation.

  • October 02, 2026

    AGs, Enviros Sue Over Rollback Of Biden-Era Fuel Standards

    The Trump administration was hit with multiple suits by a coalition of 27 attorneys general and environmental groups Friday challenging the National Highway Traffic Safety Administration's recent decision to roll back Biden-era fuel economy standards for passenger cars and light trucks.

  • October 02, 2026

    Foggy Precedent Gives Deportee Shot At Venue Appeal

    A Venezuelan man suing the U.S. over his deportation to the CECOT megaprison in El Salvador can appeal the transfer of his case from Washington, D.C., to Texas, as a D.C. federal judge has decided clarity is needed on how the court determines where to adjudicate federal tort claims. 

  • October 02, 2026

    Texas Justices Won't Review Nixed $64M Credit Suisse Verdict

    The Texas Supreme Court on Friday declined to hear an appeal of a decision that wiped away a $64 million award to a subsidiary of a Dallas investment company following alleged fraud by Credit Suisse surrounding lending for a luxury Nevada community.

  • October 02, 2026

    Venezuela Seeks Pause In 3rd Circ. Appeal Of Citgo Sale

    Venezuela has asked the Third Circuit to pause its appeal of a Delaware judge's order greenlighting the nearly $6 billion sale of Citgo just weeks before scheduled oral arguments that were already delayed, pointing Friday to a "new Venezuelan reality" under President Delcy Rodríguez.

  • October 02, 2026

    Texas Justices Agree To Hear BNSF, Zurich Asbestos Suit

    The Texas Supreme Court Friday agreed to take up Zurich American Insurance Co.'s challenge to a finding that it must continue to pay for the defense of BNSF Railway against hundreds of asbestos exposure suits.

  • October 02, 2026

    3rd Circ. AI Ruling May Reach Beyond Westlaw Content Fight

    The Third Circuit went out of its way to say its ruling against a defunct legal research startup was not a generative artificial intelligence case, but copyright lawyers expect the reach of its reasoning to be tested almost immediately in pending AI litigation.

  • October 02, 2026

    Medivis Gets Some AR Device Patent Claims Cut In Remand

    After the Federal Circuit faulted the Patent Trial and Appeal Board for upholding a Novarad Corp. patent on augmented reality technology for surgeons, the board found on remand that Medivis Inc. had shown that some patent claims are invalid, but not others.

  • October 02, 2026

    Trump Urges Ga. Court To Keep DA Out Of $16M Fee Dispute

    President Donald Trump and other former defendants in a dismissed election interference case urged a Georgia appellate court to uphold an order blocking Fulton County District Attorney Fani Willis from intervening in their bid to recoup $16 million in legal fees.

  • 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.

Expert Analysis

  • 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.

  • 4th Circ. Class Cert. Ruling Offers Tips For Damages Experts

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    The Fourth Circuit's recent decision reversing class certification in litigation against Boeing raises the cost of a bare-bones damages model proposal for plaintiffs, but it also clarifies what a defensible proposal should contain, say Alok Khare and Erica Rose at FTI Consulting.

  • Opinion

    'Plain Meaning' Requires Plainer Meaning In IP Litigation

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    The Federal Circuit's recent decision in Socket Solutions v. Import Global highlights the frequent ambiguity surrounding courts' references to "plain meaning" in patent claim construction — an ambiguity that should be resolved by courts, not litigants, say attorneys at Klarquist Sparkman.

  • What To Know As Legal Duty To Consider AI Takes Shape

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    While the U.K. Jurisdiction Taskforce’s recent statement on liability for artificial intelligence harms is nonbinding for both U.K. and U.S. lawyers, it highlights the importance of being able to distinguish between the availability of a tool and a professional obligation to use it, say Jonny Frank and Michael Costa at StoneTurn.

  • Patent Ruling Shows Concrete Tech Solution Key To Eligibility

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    The Federal Circuit’s recent Ceiva Opco v. Amazon.com decision offers an important reminder that software-related inventions can remain patent eligible when they claim a concrete technological solution to a specific problem, says Irah Donner at Manatt.

  • Appellate Vape Rulings May Expand State Regulation Powers

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    Two recent federal appeals courts decisions rejecting Federal Food, Drug and Cosmetic Act preemption challenges to state electronic nicotine delivery systems directory laws signal an emerging appellate consensus that could significantly expand states' power to regulate vaping product sales where federal enforcement falls short, say attorneys at Troutman.

  • How Solar Fraud Case Affects Lender Oversight Of Dealers

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    The U.S. Supreme Court's refusal to review the Third Circuit's ruling in Migliore v. Sunlight Financial means that residential solar finance companies are protected from vicarious liability for deceptive acts by independent solar dealers — but lenders must still take steps to guard against dealer misconduct, says Rand Manasse at Green Lane Partners.

  • Fed. Circ. Rulings Emphasize Adjudicative Access And Review

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    Decisions from the Federal Circuit's 2026 docket indicate that the court is increasingly paying attention to whether tribunals possess authority to act, meaning practitioners will need to properly address procedural hurdles before they can argue the merits of a case, say attorneys at Reichman Jorgensen.

  • Amazon v. Perplexity Ruling Limits CFAA Reach Over AI Tools

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    The Ninth Circuit's recent decision in Amazon v. Perplexity provides important early guidance on how the Computer Fraud and Abuse Act applies to agentic artificial intelligence, and is the latest in a line of rulings in which courts have declined to stretch existing statutes to broadly regulate AI, say attorneys at Ropes & Gray.

  • Managing OSHA Mental Illness Logs After 5th Circ. Vacatur

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    Employers with facilities in multiple states need to carefully weigh their recordkeeping procedures following the Fifth Circuit’s recent decision that the Occupational Safety and Health Administration cannot require employers to log work-related mental illness, as inconsistent logs across facilities may raise other issues, say attorneys at Haynes Boone.

  • Expect More Probes After 3rd Circ. Algorithmic Pricing Ruling

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    The Third Circuit's recent decision in Cornish-Adebiyi v. Caesars Entertainment, allowing algorithmic price-fixing claims to proceed past motions to dismiss, may serve as a road map for how to contend with increased litigation risk in this developing area of antitrust law, say attorneys at BakerHostetler.

  • Series

    Being In A Band Made Me A Better Lawyer

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    Playing shows in storied New York City venues and rehearsing with my bandmates in poorly ventilated rooms helped develop the professional qualities I rely on as a litigator, including an ability to collaborate with strong-minded equals and the determination to treat each client with singular focus, says Eliad Shapiro at Herrick Feinstein.

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