Appellate

  • July 30, 2026

    Disney, Cameron Get 'Avatar' Sequels IP Suit Nixed, For Now

    A California federal judge Thursday tossed an author's suit accusing the Walt Disney Co., film director James Cameron and Cameron's production company of ripping off the author's work to create "Avatar" movie sequels, saying any substantial similarities between the works should be better fleshed out should the writer amend his complaint again.

  • July 30, 2026

    Tesla Tells Justices USPTO Is 'Gutting' Patent Reviews

    Tesla Inc. has become the latest company to ask the U.S. Supreme Court to review limits that the U.S. Patent and Trademark Office has put on patent challenges, arguing that the office is "gutting" the review system created by the America Invents Act.

  • July 30, 2026

    Health Plans Ask 2nd Circ. To Revive Celgene Cancer Drug Row

    Health plans and pharmacies backed by Cigna are asking the Second Circuit to revive a proposed class action alleging Bristol-Myers Squibb Co. and its Celgene subsidiary fraudulently obtained patents, filed sham lawsuits and paid off generic-drug makers to maintain a monopoly on the blockbuster blood cancer drug Pomalyst.

  • July 30, 2026

    Wells Fargo Can't Collect $4M 'Stranger' Policy, 8th Circ. Says

    The Eighth Circuit on Thursday upheld a ruling that an insurer does not have to pay out a $4 million life insurance policy to Wells Fargo Bank NA, finding the policy taken out on the now-deceased man was void because it was obtained through a scheme meant to benefit investors.

  • July 30, 2026

    2 More Circuits Reject No-Bond Rule For Interior ICE Arrests

    Split Seventh Circuit and Ninth Circuit panels ruled Thursday that noncitizens arrested in the interior U.S. cannot be detained without bond, joining four other circuits that have rejected the Trump administration's policy of subjecting these noncitizens to mandatory detention.

  • July 30, 2026

    PLO Asks Justice Sotomayor To Halt $655M Terror Judgment

    The Palestine Liberation Organization has asked the U.S. Supreme Court to stay enforcement of a $655.5 million terrorism judgment, saying the Second Circuit had no power to revive a decade-old award that had already become legally void.

  • July 30, 2026

    11th Circ. Revives Nonprofit's Bias Suit Over COVID Grants

    The Eleventh Circuit on Wednesday revived part of a Florida nonprofit's suit challenging the denial of two COVID-19 relief grants, finding that the group had sufficiently alleged it was discriminated against because of racial bias and its association with a pan-African movement.

  • July 30, 2026

    Wash. Justices Say University Owed Duty In Hazing Death Suit

    The Washington State Supreme Court said in a 5-4 ruling Thursday that Washington State University had a duty to protect a student who died of alcohol poisoning following a hazing ritual at an off-campus party, including by taking steps to ensure fraternities were following rules against alcohol misuse and hazing.

  • July 30, 2026

    4th Circ. Urged To Keep Trump Trans Health Orders Blocked

    A group of transgender individuals and advocacy groups urged the Fourth Circuit to uphold a nationwide injunction they won against Trump administration executive orders banning federal funding of gender-affirming care for individuals under the age of 19.

  • July 30, 2026

    8th Circ. Agrees Chartreuse Color Can't Save Hose Maker's TM

    The Eighth Circuit on Thursday declined to revive a trademark that was asserted in a case brought by a water hose manufacturer against a competitor, agreeing with a federal judge who ruled the chartreuse color of the hoses was a functional feature and therefore invalidated the trademark.

  • July 30, 2026

    Fla. Panel Says Gun Selfie Was Fair Evidence In Murder Case

    A Florida state appellate court upheld a murder conviction for a man sentenced to life in prison for the shooting death of a woman over several pairs of sneakers, ruling that a selfie of the shooter brandishing a handgun wasn't prejudicial in the case. 

  • July 30, 2026

    8th Circ. Revives Iowa Vape Restrictions Law

    Iowa can start enforcing a state law that restricts the sale of some e-cigarettes, after the Eighth Circuit on Thursday determined that the policy was not preempted by federal tobacco law and overturned a lower court's ruling that blocked officials from implementing it.

  • July 30, 2026

    Resolution Copper Creates $54M Trust For Ariz., NM Tribes

    Resolution Copper Co. said it established a $54 million trust that will provide annual funding to 11 Indigenous nations that have cultural and ancestral ties to a sacred Arizona worship site that's facing destruction to make way for a multibillion-dollar mining operation.

  • July 30, 2026

    Fed. Circ. OKs Samsung Win Over Patent Tied To $81M Award

    The Federal Circuit on Thursday upheld a Patent Trial and Appeal Board decision invalidating a patent covering standard-essential 5G wireless network technology that Samsung was directed to pay $81 million for infringing, rejecting G+ Communications LLC's procedural and evidentiary arguments.

  • July 30, 2026

    Split NJ High Court Backs Walmart In Snowy Lot Injury Suit

    The New Jersey Supreme Court ruled Thursday that Walmart didn't create the "unusual circumstances" required to make it liable for injuries suffered by a customer who slipped on a snowy parking lot, drawing a sharp dissent from justices who said the majority's take shunned case law and "bedrock tort principles" and misread case law.

  • July 30, 2026

    Minn. Sued Over Dairy Expansion Environmental Review

    Advocacy groups in Minnesota are suing the state over its decision not to provide a government document that outlines the potential environmental effects of the proposed West River Dairy expansion, arguing significant impacts to air and water quality were ignored.

  • July 30, 2026

    Skechers Can't Run From Manufacturer Tax, Mass. Court Says

    Skechers must pay nearly $200,000 in back excise taxes and interest, a Massachusetts intermediate appellate court said Thursday, rejecting the shoe brand's argument that it is not a manufacturer.

  • July 30, 2026

    WDTX Jury Awards $1.5M In Lighting Patent Retrial

    A Texas federal jury has awarded Chinese company Jiaxing Super Lighting almost $1.5 million in damages from rivals found to have infringed an LED tube lamp patent, a year after the Federal Circuit ordered a new trial.

  • July 30, 2026

    5th Circ. Upholds Plea Term Requiring Mental Health Meds

    The Fifth Circuit has ruled that a Texas man still cannot overturn a special sentencing condition requiring him to take prescribed mental health medication even despite the U.S. Supreme Court granting the man's appeal and setting a new standard for exceptions to appeal waivers in plea deals.

  • July 30, 2026

    6th Circ. Orders Look At IRS Resignation Deal In Bias Suit

    An Ohio federal court must decide whether an IRS worker gave up her disability bias and retaliation claims against the U.S. Treasury Department in a resignation agreement, a split Sixth Circuit panel ruled, refusing to weigh the merits of an appeal she brought before entering the deal.

  • July 30, 2026

    2nd Circ. Revives Decongestant 'Maximum Strength' Claims

    The Second Circuit on Thursday revived claims in multidistrict litigation alleging makers of oral decongestants misled consumers by labeling their products as "maximum strength," while finding the bulk of the remaining claims were preempted by federal regulation.

  • July 30, 2026

    Mich. Justices Overrule Longtime Med Mal Filing Rule

    The Michigan Supreme Court on Wednesday overturned a 20-year-old precedent that had barred many wrongful death medical malpractice lawsuits, ruling personal representatives may use the state's medical malpractice tolling statute to extend the time for filing claims after serving a required notice of intent to sue. 

  • July 30, 2026

    2nd Circ. Revives Migrant's Classwide Declaratory Relief Bid

    A New York federal court erred in decertifying a class seeking declaratory relief regarding government procedures on bond hearings for immigration detainees, the Second Circuit ruled Wednesday, finding the court improperly considered factors outside the federal procedural rule governing class actions.

  • July 30, 2026

    Kalshi Sports Offerings Appear On Shaky Ground At 6th Circ.

    A Sixth Circuit panel looked askance at Kalshi's push to have its sports event contracts shielded from state gambling regulators Thursday, pointedly questioning the prediction market giant about the difference between its offerings and traditional sports bets.

  • July 30, 2026

    Ohio Panel Says Burnt Pot Smell Justified Vehicle Search

    An Ohio appeals court has ruled that even though marijuana is legal in the state, law enforcement can use visible signs of the drug's use as probable cause to search a vehicle, as driving while intoxicated is still a crime.

Expert Analysis

  • What Justices Are Focusing On In 'Skinny Label' Patent Case

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    Though Hikma v. Amarin appears to be a patent dispute that could reshape inducement doctrine in the pharmaceutical context, oral argument suggests the U.S. Supreme Court may treat this as primarily a pleading-stage dispute, with important unresolved questions lurking beneath the surface, says Shashank Upadhye at Upadhye Tang.

  • Employer Tips After 4th Circ. Rejects Trimmed Suit Deadlines

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    The Fourth Circuit's recent holding in Thomas v. EOTech that employers cannot use contractual provisions to shorten statutory filing periods for Title VII or Age Discrimination in Employment Act claims offers a warning for employers to review any such documents and reassess their litigation risk, say attorneys at Ogletree.

  • Binance Win Shows Constraints On Anti-Terrorism Act Claims

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    The Southern District of New York's recent ruling in Troell v. Binance illustrates that the Second Circuit's earlier decision in Ashley v. Deutsche Bank is holding weight with courts, and companies facing aiding and abetting risk should thus monitor evolving case law and assess exposure based on nexus allegations, say attorneys at Freshfields.

  • Understanding The Insider Trading Gap In Prediction Markets

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    While the first-ever insider trading indictment involving a prediction market — the recent prosecution of a service member involved in the capture of Nicolás Maduro — comprised extreme facts and straightforward legal theories, future cases will test the bounds of insider trading law, say attorneys at Baker McKenzie.

  • Heppner Ruling Left AI Privilege Risk For Lawyers Unresolved

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    While a New York federal judge’s recent ruling in U.S. v. Heppner resolved a privilege question surrounding client-side artificial intelligence use, it did not address how to mitigate the risks that can arise when confidential information enters the operative context of an AI system used by an attorney, says Jianfei Chen at Quarles & Brady​​​​​​​.

  • How 10 Years Of Case Law Have Shaped The DTSA

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    As the Defend Trade Secrets Act reaches its 10th anniversary, attorneys at Ropes & Gray examine recent DTSA case law and highlight key takeaways regarding pleading requirements, damages and risk factors.

  • The Ethics And Practicalities Of Representing AI Agents

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    With autonomous artificial intelligence agents now able to take action without explicit instructions from — or the awareness of — their human owners, the bar must confront whether existing frameworks like informed consent and client privilege will be sufficient on the day an AI agent calls seeking counsel, say attorneys at Morrison Cohen.

  • Notable Q1 Updates In Insurance Class Actions

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    Notable insurance class action decisions from the first quarter of the year included reminders about the statute of limitations as a key defense for claims relating to allegedly deficient forms, the importance of focus on the specific contract at issue and further guidance on the contours of Rule 23, says Kevin Zimmerman at BakerHostetler.

  • 9th Circ.'s Silence Prolongs Uncertainty On Cemex Framework

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    By affirming a bargaining order in Cemex Construction Materials v. National Labor Relations Board without opining on the NLRB’s 2023 expansion of its authority to issue such orders, the Ninth Circuit avoided direct conflict with the Sixth Circuit’s rejection of the same framework, prolonging uncertainty for employers facing union elections, say attorneys at Dinsmore & Shohl.

  • Arguments Show Justices Vacillating On Geofence Warrants

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    Questions and statements by the justices during recent oral arguments in Chatrie v. U.S., probing the Fourth Amendment limits of geofence warrants, revealed a Supreme Court that is skeptical of the government’s most sweeping claims, uncomfortable with the petitioner’s broadest theories and searching for a narrow off-ramp, say attorneys at Rogers Joseph.

  • Surveying The CFTC Campaign To Control Prediction Markets

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    The U.S. Commodity Futures Trading Commission is simultaneously asserting exclusive jurisdiction over prediction markets and signaling aggressive enforcement within them, a combination that will reshape the regulatory landscape for event contract platforms — pending the outcome of several court cases throughout the country and a likely circuit split, say attorneys at Paul Weiss.

  • Series

    Speed Jigsaw Puzzling Makes Me A Better Lawyer

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    My passion for speed puzzling — I can complete a 500-piece jigsaw puzzle in under 50 minutes — has sharpened my legal skills in more ways than one, with both disciplines requiring patience, precision and the ability to keep the bigger picture in mind while working through the details, says Tazia Statucki at Proskauer.

  • Documenting Business Purpose After IRS' 10th Circ. Win

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    Following the Tenth Circuit’s recent Liberty Global v. U.S. decision, which held the economic substance doctrine does not require a threshold relevancy determination, taxpayers can prepare for potential audits by maintaining contemporaneous documentation and taking other steps that demonstrate the business purpose of transactions, say attorneys at Crowell & Moring.

  • Why White Collar Juries Resist 'Honest Mistake' Defenses

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    Cases like the bribery conviction of a Cincinnati City Council member recently vacated by the U.S. Supreme Court show juries often reject “I made an honest mistake” as a white collar defense, but attorneys who understand why jurors convict defendants who made reasonable but flawed decisions can strategize around this, says Jonathan Porter at Husch Blackwell.

  • High Court's Cox Ruling Leaves ISP Copyright Rules Intact

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    Though some commentators predicted a cataclysmic impact from the U.S. Supreme Court's recent decision in Cox v. Sony, in actuality the decision correctly maintains the status quo for internet providers' copyright infringement liability, says Courtney Sarnow at CM Law.

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