Appellate

  • August 05, 2026

    5th Circ. Wary Again Of FCC's Control Over Subsidy Program

    A panel of Fifth Circuit judges on Wednesday raised new questions about the Federal Communications Commission's oversight of the country's $9 billion annual telecom subsidy program after a U.S. Supreme Court decision kept the fund intact last summer.

  • August 05, 2026

    Texas Panel Cuts China Golf Cart-Maker From Fatal Crash Suit

    Litigation concerning a fatal golf cart rollover at a San Antonio country club that killed a passenger and severely injured another will have to proceed without the Chinese manufacturer as a defendant, a state appeals court ruled on Monday after finding Texas courts didn't have jurisdiction.

  • August 05, 2026

    Incumbent Wash. Justices On Top In Early Primary Results

    Three incumbent Washington State Supreme Court justices — including two governor appointees — led their respective primary races Wednesday, as a state trial judge edged ahead in the race for another open seat on the high court, according to preliminary election results.

  • August 05, 2026

    CREXi Wants 9th Circ. To Undo Quinn Emanuel CoStar Row DQ

    Commercial Real Estate Exchange Inc. doesn't want to replace Quinn Emanuel Urquhart & Sullivan LLP after a California federal judge disqualified the firm from defending a copyright infringement suit by CoStar, seeking Ninth Circuit intervention and a pause on the district court case.

  • August 05, 2026

    Stewart Says Patent System 'Crisis' Fueled USPTO Changes

    Coke Morgan Stewart, the deputy director of the U.S. Patent and Trademark Office who left the agency last week, said in an interview with Law360 this week that new limits on patent challenges and other policy changes she helped lead were driven by a sense that the patent system was in "a pretty significant crisis."

  • August 05, 2026

    Panel Rejects BMS Investor's Bid To 'Camouflage A Wolf'

    A New Jersey state appeals court said an investor's amended complaint over Bristol-Myers Squibb Co.'s $74 billion acquisition of Celgene Corp. was a wolf camouflaged in sheep's clothing, finding that the investor's claims of disclosure requirement shortfalls sounded more in fraud than negligence and failed to satisfy the heightened pleading standard required.

  • August 05, 2026

    NYC's Food Apps Data Law Goes Too Far, 2nd Circ. Says

    A New York City law that would require DoorDash, GrubHub and other delivery apps to share customer data with the restaurants fulfilling food orders violates the First Amendment, the Second Circuit ruled Wednesday.

  • August 05, 2026

    Fed. Circ. Backs Another Lululemon Win On Nike Patent

    The Federal Circuit on Wednesday refused to revive claims in a Nike fitness tracker patent challenged by Lululemon, affirming a Patent Trial and Appeal Board decision that the claims were invalid.

  • August 05, 2026

    Backing Penalty For 1st Misquote, Panel 'Stunned' By Another

    A solo practitioner in North Carolina sanctioned for misleading a trial court judge with a misquote in his pleadings "stunned" an appellate panel when he made yet another quotation blunder in his brief on appeal, according to a published opinion Wednesday affirming his punishment.

  • August 05, 2026

    Pa. Panel Says Screenshots Not Hearsay In Stolen Money Case

    A juvenile who was sentenced to be placed in a secure detention facility after stealing money electronically from his guardian cannot have his conviction overturned after a Pennsylvania appeals court ruled that screenshots showing money transfers in a banking app were not hearsay.

  • August 05, 2026

    9th Circ. Urged To Revisit Klamath Project ESA Ruling

    A water association is asking the Ninth Circuit to rethink a ruling that held the Endangered Species Act applies to the operation and management of an Oregon irrigation project, arguing that the appellate court left "an unworkable" framework to determine a threshold question over nondiscretionary federal agency actions.

  • August 05, 2026

    No Coverage For Assisted Living Death, Fla. Panel Says

    A Florida appellate court on Wednesday reversed a judgment that required National Assisted Living Risk Retention Group to provide coverage for a wrongful death suit from a resident's 2012 death, finding no claim was made during the relevant policy period.

  • August 05, 2026

    Ga. Panel Weighs Damages Law In $950K Walmart Fall Case

    The Georgia Court of Appeals on Wednesday considered if a new trial is warranted in a woman's slip-and-fall case against Walmart, grappling with whether her attorney's arguments to obtain a $975,000 verdict were improper under a state law amended in 2025.

  • August 05, 2026

    Netlist, Samsung Enter 5-Year Deal To End Extensive IP Feud

    Netlist and Samsung have resolved their multipronged patent fight after reaching a deal in which the South Korean electronics giant agreed to make multimillion-dollar payments to get access to a portfolio of Netlist's patents.

  • August 05, 2026

    Murdaugh Loses Jury Tampering Suit Against Ex-Court Clerk

    A South Carolina federal judge on Wednesday dismissed disgraced attorney Alex Murdaugh's jury tampering suit against a former court clerk who was found to have interfered in his murder trial, ruling there was no connection between his alleged damages and the ex-clerk's misconduct.

  • August 05, 2026

    Pa. Court Wipes Out $19M Verdict In Nursing Home Death Suit

    A Pennsylvania appeals court has vacated $19 million in damages, including $15 million in punitive damages, in a suit against nursing home operators and managers over the death of a resident, finding the trial court should have reconsidered damages after negating liability against two of the four defendants.

  • August 05, 2026

    Atty Scolded Over Bogus Cases In San Antonio School Fight

    A Texas state appellate panel on Wednesday admonished counsel for submitting a brief with four bogus case citations likely generated by artificial intelligence in defending a parent's lawsuit against a school district for suspending her fifth-grade son.

  • August 05, 2026

    High Court To Hear Intel 401(k) Suit Arguments In October

    The U.S. Supreme Court has set an October date for oral arguments in an appeal from Intel workers who argued the Ninth Circuit imposed too strict a standard when it upheld the dismissal of their lawsuit alleging their retirement savings were dragged down by underperforming investment options.

  • August 05, 2026

    DC Gun Ban Suit Paused For High Court Look At Ill. Case

    A D.C. federal judge has stayed the Trump administration's challenge to the city's prohibition on silencers and AR-15s, ordering the case to remain on ice until the U.S. Supreme Court rules on a similar challenge to semiautomatic bans in Illinois and Connecticut.

  • August 05, 2026

    Court Wrongly Nixed $750K Tax Debt Collection, 6th Circ. Told

    An Ohio federal court wrongly found that the U.S. government couldn't collect on a man's federal tax liabilities of over $750,000 via a property sale, the government told the Sixth Circuit, saying while the man's mother holds legal title to the property, he is its equitable owner.

  • August 05, 2026

    Fed. Circ. Told Injunction Against Samsung Is Warranted

    Collision Communications Inc. wants the Federal Circuit to undo a Texas federal judge's decision denying its bid to block Samsung from selling products a jury found were infringing, saying the judge "went inexplicably astray" following the $445 million verdict.

  • August 05, 2026

    11th Circ. Clarifies When Bad Atty Claim Favors Removal Redo

    The Board of Immigration Appeals erred in denying a Guatemalan national's bid to reopen his case due to ineffective counsel, the Eleventh Circuit has ruled, finding the man did not have to specifically file a complaint with the relevant state bar.

  • August 05, 2026

    NJ Justices Nix Extra COVID Pay For School Custodians

    The New Jersey Supreme Court ruled Wednesday that a state law passed during the COVID-19 pandemic properly barred school custodians from claiming extra emergency pay under their collective bargaining agreement, finding that the law required employees to be treated as if schools had stayed open.

  • August 04, 2026

    5th Circ. Confronts Intervention Row In Prairie-Chicken Suit

    A Fifth Circuit panel appeared skeptical of a U.S. government attorney's assertion that an environmental advocacy group waited too long to enter a lawsuit to contest the Trump administration's decision to scrap an endangered species listing for the lesser prairie-chicken.

  • August 04, 2026

    5th Circ. Hints Texas App Age-Check Law Needs More Review

    A Fifth Circuit panel wanted to know whether the lower court should have gone "provision by provision" before halting a Texas law that requires app store owners to block minors from downloading apps without parental consent, suggesting the lower court needed to do more while weighing the legislation's constitutionality.

Expert Analysis

  • Vax Ruling Offers Employer Tips For Handling Political Speech

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    A California appeals court's recent decision in Rademacher v. ABC, rejecting a "General Hospital" actor's suit alleging he was terminated for opposing a vaccine policy, demonstrates the importance of the employer's process, including neutral policies, documentation, and evidence of who knew what and when, say attorneys at Krevolin Horst.

  • O Brother, Where Art DAO? Jurisdiction Issues Abound

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    While there is a dearth of decisions examining a decentralized autonomous organization's citizenship for diversity jurisdiction purposes, Second Circuit case law has defined citizenship for other unincorporated entities, which may guide how courts evaluate an increasing number of cases involving DAOs, says Michael Mix at Morrison Cohen.

  • Protecting AI-Driven Innovation In Life Sciences IP

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    Recent developments, including the U.S. Patent and Trademark Office's evolving inventorship standards, and the impact of artificial intelligence on the "person of ordinary skill in the art" standard demand that life sciences companies elevate AI patent strategy to a top priority, says Sandra Haberny at Quinn Emanuel.

  • 2nd Circ. Ruling Notably Limits Sentencing Courts' Discretion

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    The Second Circuit’s recent decision in U.S. v. Dralle clarifies the bounds of sentencing courts’ ability to consider uncharged or co-defendant conduct without tying it to statutory sentencing factors, and it may have broader implications for limiting loss attribution in white collar and other criminal cases, say attorneys at Lowenstein Sandler.

  • High Court's Hikma Decision Reshapes 'Skinny Label' Suits

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    The U.S. Supreme Court's decision in Hikma v. Amarin marks a significant victory for generic drug manufacturers, but rather than putting an end to so-called skinny label inducement claims, it narrows and refocuses them, say attorneys at Sterne Kessler.

  • Opinion

    At High Court, Oil Cos.' Suncor Preemption Claims Fall Short

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    In Suncor Energy v. Boulder County, pending before the U.S. Supreme Court, oil and gas companies argue that municipalities' climate deception claims are equivalent to emissions standards for their industry — but the suit is ultimately incapable of imposing such standards, say Thomas McGarity at the University of Texas School of Law and James Goodwin at the Center for Progressive Reform.

  • 3 Disgorgement Questions Linger After Justices' SEC Ruling

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    While the U.S. Supreme Court’s recent decision in Sripetch v. U.S. Securities and Exchange Commission avoided placing new limits on the SEC’s disgorgement powers, it passed over several questions, including whether the commission can seek disgorgement when returning the money to investors isn't possible, says David Slovick at Kopecky Schumacher.

  • Checking For AI Errors Is Now A Two-Way Street

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    A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

  • Opinion

    Federal Circuit Should Implement Mini En Banc Process

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    To fulfill its mission of uniformity in patent law while avoiding the challenges of en banc hearings, the Federal Circuit should institute mini en bancs — allowing regular three-judge panels to exercise en banc powers unless a majority of the court says otherwise, says Joshua Sohn at the U.S. Department of Justice.

  • What's Next After Justices' Last-Mile Driver Arbitration Ruling

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    The U.S. Supreme Court's recent decision in Flowers Foods v. Brock, refusing to narrow the scope of a Federal Arbitration Act exemption for workers engaged in interstate commerce, gives previously unprotected workers access to litigation, but preserves two potentially powerful arguments for future proceedings, say attorneys at Husch Blackwell.

  • Series

    The Biz Court Digest: Shoring Up Corporate Law In Maryland

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    Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

  • How End Of SEC 'Gag Rule' Affects Free Speech Certiorari Bid

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    The Securities and Exchange Commission's recent rescission of the so-called gag rule, which forbade defendants in settlements from denying the SEC’s allegations, may sway the outcome of a petition to the Supreme Court in a case challenging the rule on First Amendment grounds, say attorneys at Troutman.

  • 2nd Circ.'s Embedded Video Ruling May Protect Publishers

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    The Second Circuit's recent decision in Richardson v. Townsquare, dismissing an infringement claim arising from an embedding of a YouTube-hosted interview, reaffirms a potent defense for publishers who regularly use social media platforms' embed functionality, says Amanda Harris at Jassy Vick.

  • Federal Officer Removal After Justices' La. Pollution Ruling

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    In the wake of the U.S. Supreme Court's recent ruling in Chevron USA v. Plaquemines Parish, companies seeking to use federal officer removal to move litigation out of state court should ask three questions, focusing on government contract language, federally directed activity and related conduct, say attorneys at Hollingsworth.

  • Series

    Competing At Poker Makes Me A Better Lawyer

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    Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

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