Appellate

  • October 08, 2026

    DC Circ. Won't Rehear Ruling Blocking Fla. Wetlands Permits

    The D.C. Circuit has denied a petition from the federal government for an en banc rehearing of a previous court decision vacating the EPA's authorization for Florida to run a Clean Water Act permitting program for dredging and filling wetlands.

  • October 08, 2026

    Energy Companies' Win In NYC Greenwashing Suit Affirmed

    A New York appeals court on Thursday affirmed the dismissal of a New York City suit accusing BP, Exxon and Shell of deceiving consumers about the environmental effects of their gasoline products and alternative energy investments.

  • October 08, 2026

    Justices Told Award Moots Burford's 3rd Circ. Challenge

    A German claims aggregator is citing an award it received in ongoing arbitration involving Burford Capital as reason for the U.S. Supreme Court to pass on the litigation funder's certiorari petition seeking review of an unfavorable Third Circuit decision.

  • October 08, 2026

    Fla. Panel Trims Punitive Damages Claim By Ex-Marvel CEO

    The former CEO of Marvel Entertainment can request punitive damages against his neighbor in a feud over the surreptitious collection of DNA evidence but not against the neighbor's attorney or a Chubb affiliate accused of helping him, a Florida appeals court has ruled.

  • October 08, 2026

    $13.4M Conn. Insurance Fight Won't Resume Amid Appeal

    A Connecticut judge won't lift a stay on a mother's lawsuit seeking to enforce a $13.4 million trial judgment over her son's death in a group home because the group home still has time to appeal a decision affirming the judgment.

  • October 08, 2026

    Mich. Justices Mull Bias Claim Of Same-Sex Wedding Officiant

    The Michigan Supreme Court on Thursday questioned whether the state's civil rights law protects employees from discrimination based on their association with people in protected classes, as a former Calvin University professor argued that the school unlawfully fired him for officiating a same-sex wedding.

  • October 08, 2026

    Fed. Circ. Told Trade Secret Suit 'Never' Should've Been Filed

    A Federal Circuit panel focused Thursday on when a business analytics software company's unsuccessful trade secret case against a rival may have crossed the line into bad faith litigation, warranting nearly $2.8 million in attorney fees from a Utah federal judge.

  • October 08, 2026

    Ga. Appeals Panel OKs Police Gang Investigator As Expert

    The Georgia Court of Appeals on Thursday that a police investigator who has interviewed more than 150 members of a specific street gang and has attended gang investigation trainings is qualified to serve as an expert witness in a criminal trial.

  • October 08, 2026

    Coastal County Tells Texas Justices It's Free To Tax Stored Oil

    A Texas county's property tax on stored oil that companies said was bound for export doesn't violate the import-export clause of the U.S. Constitution, the county told the state's high court Thursday, saying a significant amount of oil remained in the state.

  • October 08, 2026

    Man Appeals $10M Tax Bill Over Unreported Company Income

    A man is appealing a U.S. Tax Court order that found he owes around $10.4 million in taxes and penalties for failing to report company funds he used for personal expenses such as luxury cars, according to a notice filed Thursday.

  • October 08, 2026

    7th Circ. Backs Ex-Chicago Atty's Tax Fraud Conviction

    The Seventh Circuit affirmed a man's two-and-a-half-year prison sentence for tax fraud, witness tampering and contempt Thursday, rejecting his argument that the government didn't present sufficient evidence to prove that he was guilty of filing false corporate and individual income tax returns.

  • October 08, 2026

    2nd Circ. Says Filed Rate Doctrine Bars Utility Bond Claims

    The Second Circuit has declined to revive a suit alleging Bloomberg LP reclassified certain utility company bonds to hike interest rates paid by electricity customers, finding that customers cannot challenge such rates because the utilities filed the interest rates with state regulators before issuing the bonds.

  • October 08, 2026

    DOT Tells 2nd Circ. Congestion Pricing Fight In Wrong Court

    The Trump administration doubled down on its efforts to eliminate New York's congestion pricing, telling the Second Circuit that the underlying contract dispute was heard in the wrong court and that it shouldn't be handcuffed to now-disfavored policies of earlier administrations anyway.

  • October 08, 2026

    11th Circ. Backs Home Insurer In Debris Feud Coverage Row

    A Georgia federal court had jurisdiction over a homeowners insurance coverage dispute when it determined that a Peach State couple wasn't entitled to coverage for a suit brought by their neighbors over debris left on a shared property line, the Eleventh Circuit ruled Thursday.

  • October 08, 2026

    Nikola's Pardoned Ex-CEO Seeks To Flip Ch. 11 Claim Ruling

    The former CEO of electric-truck maker Nikola has asked the Third Circuit to review a Delaware federal judge's decision that his nearly $70 million bankruptcy claim against his former company was properly subordinated in the debtor's Chapter 11, despite a pardon from President Donald Trump.

  • October 08, 2026

    11th Circ. Voids Fla. Septic Permit Ban Over New FWS Rule

    The Eleventh Circuit issued a win Thursday for Florida environmental regulators who had been ordered to temporarily stop issuing new septic tank permits over concerns for the well-being of manatees, saying the lower court relied on a federal rule that was no longer valid.

  • October 08, 2026

    Pa. Justices To Hear Philly's Suit Over Opioid-Spurred Crime

    The Pennsylvania Supreme Court has agreed to weigh in on whether the city of Philadelphia can sue CVS Pharmacy Inc. and other stores under state public nuisance laws for allegedly exacerbating the opioid epidemic with their prescription drug sales.

  • October 08, 2026

    New Fraud Division Flexes Might In Latest Enforcement Policy

    The National Fraud Enforcement Division's new corporate enforcement policy emphasizes the quick pursuit of certain types of fraud through data analysis and staff resources, expands the target list beyond traditional healthcare providers and highlights the division's growing dominance within the U.S. Department of Justice, experts say.

  • October 08, 2026

    Fla. Panel Reverses Atty Fees Award In Atty's POA Dispute

    A Florida appellate court has reversed an attorney fees award in a property purchase dispute involving a Florida attorney, a local property owners association and other parties.

  • October 08, 2026

    High Court Puts 4th Circ. Political Ad Rate Ruling On Ice

    The U.S. Supreme Court on Thursday stayed a Fourth Circuit ruling that directed the Federal Communications Commission to review an agency staff decision requiring broadcasters charge the lowest political ad rates for committees tied to candidates.

  • October 08, 2026

    Pa. Legislators Want More Time To Regulate 'Skill Games'

    Three Pennsylvania lawmakers and a coalition of "skill games" operators want the state Supreme Court to extend a deadline before police start seizing the game terminals, hoping to give the state Legislature more time to pass a law governing the games after the court found them to be illegal slot machines.

  • October 08, 2026

    Fed. Circ. Presses Inventor On SAWS Bias Challenge

    Federal Circuit judges appeared skeptical of an inventor's argument that the U.S. Patent and Trademark Office's controversial and now discontinued "sensitive" patent applications program derailed his application for a patent on a type of internal combustion engine in violation of his constitutional rights.

  • October 08, 2026

    2nd Circ. Spikes Yale Health Workers' Vax Mandate Challenge

    The Second Circuit shut down a suit Thursday from workers who claimed Yale New Haven Health violated their rights by subjecting them to a COVID-19 vaccine mandate, saying their constitutional claims were doomed by a lack of state involvement.

  • October 08, 2026

    US Drops Appeal Of $49M In Grants Won By Wind Farm

    The U.S. government dropped its Federal Circuit appeal of a lower court's approval of $49.4 million in additional renewable energy cash grants for the country's second-largest wind farm, ending a 13-year dispute over the grant amount.

  • October 07, 2026

    Uncertainty Surrounds Judge Newman's 11th Circ. Transfer

    Chief Justice John Roberts' order to transfer the Federal Circuit Judicial Council's disability investigation of a suspended 99-year-old judge to another court offers the neutral evaluation the judge has long been asking for, but attorneys are concerned about the transparency of the proceeding.

Expert Analysis

  • Patent Eligibility Bulletin: New USPTO Guidance And AI Risks

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    In the second quarter of 2026, the U.S. Patent and Trademark Office updated its subject matter eligibility declarations in line with its increasingly permissive patent eligibility stance, while the Federal Circuit rigorously applied the Alice framework in a decision that highlighted risks facing patent claims that utilize artificial intelligence and machine learning, say attorneys at Banner Witcoff.

  • State Of Insurance: Q2 Notes From Illinois

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    The second quarter of 2026 featured a trio of auto insurance opinions from Illinois' appellate courts, addressing a notice requirement, narrowing insurers' exposure for delayed payment of underinsured motorist claims, and creating a district split on coverage for employee-drivers under employers' policies, says Matthew Fortin at BatesCarey.

  • Why Courts Are Pushing Back On Greenwashing Laws

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    Recent Fourth Circuit and California federal court decisions blocking state greenwashing statutes on First Amendment grounds reveal a tension at the heart of environmental marketing regulation — while states want clarity, courts aren't prepared to let legislatures flatly ban categories of truthful commercial speech, say attorneys at DLA Piper.

  • 11th Circ. Opioid Appeal May Shift Public Nuisance Coverage

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    The Eleventh Circuit's recent ruling certifying to the Florida and Georgia Supreme Courts the question of whether insurers must provide coverage against suits claiming policyholders improperly distributed opioids may ultimately result in a counterbalance to the Delaware line of cases denying coverage for government opioid suits, say attorneys at Pillsbury.

  • Series

    Teaching SEC Investigations Makes Me A Better Lawyer

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    Instructing a law school course on U.S. Securities and Exchange Commission investigations has made me a more thoughtful, deliberate practitioner because it requires me to continually reassess and challenge what I know about securities law enforcement, how I know it and how best to explain it, says David Chase at Miami Law.

  • Monsanto Ruling Bolsters Generic Drug Labeling Preemption

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    The U.S. Supreme Court's recent decision in Monsanto Co. v. Durnell concerns herbicide labeling regulated by the Federal Insecticide, Fungicide, and Rodenticide Act, but also carries weighty implications for preemption of state law labeling claims against drug manufacturers, say Terry Henry and Ann Querns at Blank Rome and Melanie Leney at Aurobindo Pharma.

  • Justices' Tax Sale Ruling Tees Up Auction Fairness Battles

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    The U.S. Supreme Court’s recent decision in Pung v. Isabella County, Michigan, that taxpayers are not entitled to fair market value of real property seized to satisfy a tax debt shifts attention to the fairness of state and local auction procedures, and whether taxpayers claiming surplus proceeds face unwarranted hurdles, say attorneys at Miller Canfield.

  • Why The 2nd Circ. Upheld Beneficial Ownership Blockers

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    The Second Circuit recently held that a properly drafted contractual blocker — which caps an investor's beneficial ownership below 10% and automatically voids any transaction that would breach the cap — shields the investor from Section 16(b) liability, demonstrating that blockers have teeth, say attorneys at Sheppard.

  • Patent Eligibility Reforms Keep Chasing The Wrong Fixes

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    Repeated efforts to create a consistent, predictable patent eligibility standard under Section 101 have centered on replacing judge-made exceptions with new statutory language, but the better fix is to align examination standards with how courts actually apply eligibility doctrine, says former Patent Trial and Appeal Board judge Amee Shah.

  • Opinion

    Qualified Immunity Bill's Reach Goes Beyond Federal Officers

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    The federal Qualified Immunity Abolition Act, introduced earlier this year and described by the bill sponsors as a federal-officer measure, would in actuality reach the entire universe of Section 1983 defendants, a distinction that matters as much to defense counsel as to plaintiffs, says attorney V. James DeSimone.

  • Where The Justices Aligned In Appellate Authority Ruling

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    The real story of the U.S. Supreme Court’s recent ruling in T.M. v. University of Maryland Medical System Corp., finding that a doctrine designed to curtail duplicative litigation prevents federal district courts from reviewing state court decisions, is in how the justices together revisited an obscure, century-old jurisdictional doctrine, says Alex Dimitrief at Zeughauser Group.

  • How High Court Pepsi Case Could Brew TM Strategy Shift

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    The U.S. Supreme Court's forthcoming decision in RiseandShine v. PepsiCo will determine whether a judge or jury decides trademark strength in infringement disputes, which could meaningfully change early-stage motion practice, discovery and what evidence is needed to prove a mark is strong, says Rachel Scobie at Merchant & Gould.

  • State Of Insurance: Q2 Notes From Pennsylvania

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    Todd Leon at Marshall Dennehey highlights notable second-quarter insurance developments in Pennsylvania, including federal court opinions providing guidance on first-party and third-party insurance coverage principles, and a pending bill seeking to regulate health insurers' use of artificial intelligence.

  • High Court, SEC Proposals Set Stage For Further Fund Reform

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    The U.S. Supreme Court's recent decision in FS Credit Opportunities v. Saba Capital Master Fund and the U.S. Securities and Exchange Commission's proposed rulemaking packages aimed at public market reforms provide a constructive backdrop for considering additional innovations to the listed fund structure, say attorneys at Debevoise.

  • Series

    Judges On AI: Examining Administrative, Organizational Uses

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    U.S. District Judge Alan Albright of the Western District of Texas examines how artificial intelligence could transform a court's ability to deal with administrative work and organize materials when preparing for hearings or drafting opinions, thereby affording judges more time to resolve contested issues.

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