Appellate

  • August 04, 2026

    Fla. AG Requests Impeachment Probe Into 11th Circ. Judge

    Florida's Attorney General said Monday he is asking Congress to open an impeachment inquiry into U.S. Circuit Judge Nancy Abudu because of work she did before ascending to the Eleventh Circuit bench for the Southern Poverty Law Center.

  • August 04, 2026

    11th Circ. Lets Honeywell Move Pollution Case To Fed. Court

    The Eleventh Circuit said a Georgia city's case against Honeywell International Inc. and The Georgia Power Co. over the alleged pollution of waterways and property does not belong in state court, siding with the companies in their effort to undo a lower court's decision to remand the dispute.

  • August 04, 2026

    Climate Crisis Costs Top $8B In Indian Country, Justices Told

    More than a dozen Indigenous nations, federal Indian law professors and tribal organizations are backing Boulder County, Colorado, in the Supreme Court, telling the justices that climate change has already caused roughly $8 billion in disruptions across Indian Country, yet the federal government provides only $400 million to mitigate them.

  • August 04, 2026

    RJR Urges Fla. Appeals Court To Toss $34M Smoker Verdict

    R.J. Reynolds asked a Florida appeals court Tuesday to undo a $34.5 million verdict for the death of a 38-year-old smoker, arguing the smoker's widow never showed at trial that he relied on allegedly fraudulent statements by the tobacco company about the danger of cigarettes.

  • August 04, 2026

    Fed. Circ. Pulls Plug On Wall Socket Injunction In IP Case

    The Federal Circuit on Tuesday vacated an injunction temporarily blocking a company from selling its wall outlet covers while a patent infringement case proceeds against it, faulting a Florida federal court's interpretation of a pair of key claim terms.

  • August 04, 2026

    8th Circ. Backs Chemical Co. In EEOC Race Bias Lawsuit

    The Eighth Circuit on Tuesday upheld the Equal Employment Opportunity Commission's trial loss in its lawsuit alleging that a chemical company violated civil rights law by failing to prevent racial harassment against a Black employee, ruling that the agency failed to show the jury had relied on flawed jury instructions.

  • August 04, 2026

    6th Circ. Says No Injunction For Ex-Plant Worker Suing Aptiv

    A former plant manager for automotive technology company Aptiv will not have his employment benefits reinstated after he suffered a severe medical crisis and was terminated from his job, a Sixth Circuit panel said Tuesday, affirming a decision by the Ohio federal court.

  • August 04, 2026

    Fed. Circ. Won't Reopen Lidocaine Patch Patent Suit

    The Federal Circuit on Tuesday declined to reinstate a suit accusing Florida pharmaceutical manufacturer Aveva Drug Delivery Systems of infringing a trio of lidocaine patch patents, shooting down arguments that a lower court misinterpreted key patent language.

  • August 04, 2026

    4th Circ. Revives Va. Atty's Immunity Bid In FMLA Firing Suit

    The Fourth Circuit on Tuesday revived a Virginia commonwealth's attorney's qualified immunity bid in a Family and Medical Leave Act firing suit, finding the law did not clearly require him to let an employee fix a disputed medical certification before contacting the provider.

  • August 04, 2026

    Ford Asks 9th Circ. To Revive Lemon Law Fake-Billing Suit

    Ford Motor Co. has asked the Ninth Circuit to revive its racketeering lawsuit accusing three attorneys affiliated with Knight Law Group LLP of orchestrating a massive fraudulent billing scheme, saying First Amendment protections don't immunize the attorneys' underlying conduct in California lemon law litigation against the automaker.

  • August 04, 2026

    Ga. DA's Office Urges Justices To Pass On Ex-Aide's Bias Suit

    The district attorney's office in Fulton County, Georgia, told the U.S. Supreme Court this week that a former aide suing it over alleged racial and sexual bias is relying on a "gotcha-style argument" and urged the court to affirm a decision dismissing the case.

  • August 04, 2026

    Dominican Republic Looks To Nix $44M Award

    The Dominican Republic has urged the D.C. Circuit to overturn a Washington federal court's confirmation of a nearly $44 million arbitral award in favor of billionaire businessman Michael Lee-Chin, arguing the lower court improperly deferred to the arbitral tribunal on threshold questions of arbitrability and allowed enforcement of an award issued without a valid agreement to arbitrate.

  • August 04, 2026

    1st Circ. Panel Splits Over Stay Of Somalia TPS Termination

    The First Circuit urged a Massachusetts federal district court to promptly adjudicate the Trump administration's bid to dissolve an administrative stay delaying its revocation of temporary protected status for Somalia, noting there's a new administrative stay replacing the one on appeal.

  • August 04, 2026

    Approach The Bench: Judge Rakoff Doesn't Hide His Views

    During his decades on the bench, U.S. District Judge Jed Rakoff has witnessed a slew of changes, particularly as technology has brought a rise in cybercrimes, as well as novel questions like whether AI-generated legal advice is privileged. But perhaps the biggest shift was in Rakoff's own views.

  • August 04, 2026

    Cement Group Challenges Hazardous Waste Combustor Rule

    An organization representing the cement industry has asked the D.C. Circuit to review the U.S. Environmental Protection Agency's new technology review rule for hazardous waste combustors, alleging the regulation may run afoul of the Clean Air Act and the Administrative Procedure Act.

  • August 04, 2026

    9th Circ. Tosses Jack Daniel's Win In 'Bad Spaniels' Fight

    The Ninth Circuit on Tuesday overturned the permanent injunction Jack Daniel's secured against VIP Products in their decade-long trademark fight, ruling in a precedential opinion that the whiskey maker failed to prove the poop-themed "Bad Spaniels" dog toy was likely to tarnish its famous marks.

  • August 04, 2026

    Lloyd's Underwriter Beats Ruling To Reopen Unfair Firing Win

    A former Lloyd's syndicate underwriter won his appeal Tuesday against a ruling that his successful unfair dismissal claim should be reconsidered, as the Court of Appeal found a lower appellate tribunal made incorrect findings about his case.

  • August 03, 2026

    9th Circ. Revives Claims Over FDA, USDA 'FODMAP' Labeling

    The Ninth Circuit on Monday partially revived a lawsuit against the U.S. Food and Drug Administration and the U.S. Department of Agriculture over federal regulations restricting food companies from labeling products with information about difficult-to-digest sugars known as "FODMAPs."

  • August 03, 2026

    Deutsche Bank Beats 2nd Circ. Case Over IS Banking Claims

    The Second Circuit Monday upheld the dismissal of a lawsuit accusing Deutsche Bank AG of facilitating the financing of the Islamic State group, saying that the families of three people killed by the terrorist group failed to sufficiently allege that the bank participated in a human trafficking venture.

  • August 03, 2026

    Calif. Justices Back Gilead Over Nondefective Drug Liability

    The California Supreme Court on Monday held that Gilead Sciences Inc. shouldn't face a negligence claim alleging it declined to market a safer HIV drug in order to maximize profits from an older drug with more harmful side effects, rejecting a novel theory that would expose drugmakers to broader liability.

  • August 03, 2026

    Texas Court Backs Aerospace Co. In Fatal Truck Crash Suit

    A Texas appellate court has cleared an aerospace company in a wrongful death lawsuit over a fatal big-rig collision, saying the company did not exercise sufficient control over the trucking companies that transported its cargo to owe a legal duty to the family of one of the crash victims.

  • August 03, 2026

    NJ Panel Affirms Ex-Cop's Conviction In Husband's Killing

    A New Jersey appellate panel on Monday upheld the aggravated manslaughter conviction of a former police officer who fatally shot his husband, finding that any errors related to testimony about alcohol and firearms or jury instructions did not deprive him of a fair trial.

  • August 03, 2026

    7th Circ. Backs OB-GYN's 10-Year Healthcare Fraud Sentence

    The Seventh Circuit has upheld a 10-year prison sentence for a former obstetrician-gynecologist over a multimillion-dollar healthcare fraud scheme, saying the district judge made no clear error in applying an enhancement to her sentence for performing invasive and medically unnecessary procedures on patients without their informed consent.

  • August 03, 2026

    NJ Court Orders New Trial Over Testimony Playback Rule

    A New Jersey appeals court on Monday ordered a new trial for a man convicted of driving on a suspended license, ruling that a jury was incorrectly instructed that to replay portions of a witness's testimony, the jury would need to take a unanimous vote to rehear the evidence.

  • August 03, 2026

    9th Circ. Won't Revive Google Rival's Antitrust Suit

    A panel of the Ninth Circuit has refused to reinstate an ad tech company's allegations that Google harmed market competition for digital advertising by removing a now-defunct advertising app from its Play Store.

Expert Analysis

  • NY Defamation Carveout Hinges On Causation, Not Labels

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    A New York federal court's decisions in two cases involving tortious interference claims, and the recent Second Circuit ruling in Satanic Temple v. Newsweek Digital, highlight that the dispositive question for alleged defamation is whether injury flows through reputation or through direct interference with a relationship, says attorney Andrea Natale.

  • The Hidden Settlement Problem In Complex Securities Cases

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    The Second Circuit's recent decision in Knapp v. Barclays is a reminder that in securities cases with complex corporate records, the tracing picture is rarely as settled as the complaint suggests, and that conversations in the early stages require everyone to work from the same underlying facts, says Peter Kamminga at JAMS.

  • Key Tips For Patenting Antibody-Drug Conjugate Inventions

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    Recent decisions highlight the significant challenges that can arise when patenting antibody-drug conjugates, which require strategic considerations for satisfying heightened written description and enablement requirements, says Xiaoban Xin at FisherBroyles.

  • Series

    Power To The Paralegals: Burnout As A Structural Problem

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    Law firm leadership can best retain their paralegals not by encouraging self-care, but by seeking top-down structural solutions for the quiet proliferation of responsibilities and the vicarious exposure to client trauma that particularly drive burnout in this vital role, says Erika Sneeringer at Brockstedt Mandalas.

  • Managing Post-IEEPA Tariff Refunds, Replacements And Risks

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    Companies and investors reeling from the rapid changes resulting from February's U.S. Supreme Court ruling that the International Emergency Economic Powers Act doesn't authorize tariffs should focus on understanding the duty refund process, the likely replacement tariffs and the operational ways they can minimize their tariff exposure, say attorneys at Debevoise.

  • 11th Circ. Ruling Reflects Shift In Digital Consent Frameworks

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    The Eleventh Circuit's recent decision in Tejon v. Zeus Networks that a browsewrap terms-of-service hyperlink was insufficiently conspicuous to bind a consumer to an arbitration agreement could accelerate a broader industry shift to clickwrap as the baseline for enforceable digital consent, say attorneys at Sheppard.

  • Class Actions At The Circuit Courts: June Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five recent rulings from cases involving allegations of internet data misuse, consumer fraud claims, immigration, insurance and First Amendment violation claims.

  • Fed. Circ. In May: Being Precise About 'About'

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    The Federal Circuit's decision in Enviro Tech v. Safe Foods last month illustrates the danger in attempting to expand claim scope with words of approximation, potentially causing claims to be invalid for lack of definiteness, say attorneys at Knobbe Martens.

  • Justices' FCC Fine Ruling May Weaken Agency Leverage

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    The U.S. Supreme Court's decision in Federal Communications Commission v. AT&T upheld the commission's forfeiture framework as consistent with Jarkesy, but it is also likely to reduce the effectiveness of the commission’s forfeiture proceedings as a collection and deterrence tool, say attorneys at Venable.

  • Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

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    An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

  • Google Antitrust Case Puts Spotlight On De Facto Exclusivity

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    Mozilla's recent amicus filing in U.S. v. Google arguing that its agreement to make Google the default search engine did not amount to de facto exclusivity highlights the growing debate over traditional indicators of exclusivity, with implications for any business that uses rebates, preferred contracts or volume incentives, says Chris Gowen at WilmU Farnan School of Law.

  • Justices' Montgomery Ruling Doesn't Expand Shipper Liability

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    Whether negligent hiring liability claims against shippers will increase after the U.S. Supreme Court's decision last month in Montgomery v. Caribe Transport II is anyone's guess, but the ruling itself will have no impact on shippers' actual liability in personal injury claims relating to trucking accidents, says Ronald Leibman at McCarter & English.

  • GHG Rescission Undermines State Climate Suit Preemption

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    As the U.S. Supreme Court considers the fate of state climate litigation in Suncor Energy Inc. v. Boulder County, it must confront the fact that the U.S. Environmental Protection Agency's rescission of its greenhouse gas endangerment finding has also removed the foundation for federal preemption of state climate suits, says attorney Gregg Goldfarb.

  • 3rd Circ. Decision Sheds Light On BIPA Bank Exemption

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    The Third Circuit's recent decision in McGoveran v. Amazon illuminates how courts are extending the Illinois Biometric Information Privacy Act's financial institution carveout beyond banks and insurers to technology vendors and other businesses handling biometric data, a defendant-friendly shift that still casts uncertainty around BIPA's enforcement, say attorneys at Dorsey & Whitney.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

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