Appellate

  • 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.

  • August 03, 2026

    Jury Clears DoorDash In Data IP Case After Other Suits Settle

    A federal jury in the Eastern District of Texas has found that DoorDash did not infringe a data management patent owned by Fall Line Patents, handing a loss to the company that has reached settlements in several other suits against fast food companies.

  • August 03, 2026

    Legal Questions Michigan Is Still Facing In 2026

    Michigan's legal sector can expect answers on several burning legal questions in the remainder of 2026, with major litigation over the Flint water crisis nearing an end, and the state's enforcement push against prediction market purveyors just getting started. Some of the biggest questions, however, will be answered not in court, but at the ballot box, where Michigan Supreme Court justices are up for election and a potential constitutional convention will be put to voters.

  • August 03, 2026

    11th Circ. Affirms Conviction Of Colombian Drug Trafficker

    The Eleventh Circuit ruled Monday that the U.S. government has jurisdiction to prosecute a Colombian cocaine trafficker whose semisubmersible was intercepted in international waters because the U.S. Constitution allows Congress to write laws "reasonably adapted" to a constitutionally permitted end, like ending drug trafficking on the high seas.

Expert Analysis

  • Opinion

    5th Circ.'s Abortion Pill Order Is Shaky On Multiple Grounds

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    The Fifth Circuit's recent order in Louisiana v. U.S. Food and Drug Administration, reinstating an in-person dispensing requirement for the abortion medication mifepristone, seems to turn federalism upside-down, and is also questionable for several other reasons, says Gregory Curtner at Curtner Law.

  • Series

    The Biz Court Digest: Georgia Court Has Business On Its Mind

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    Thanks to recent legislation, the Georgia State-wide Business Court will soon offer business litigants greater access to the court than ever before, further enhancing the court's emphasis on efficiency, predictability and accessibility for sophisticated commercial disputes, says former GSBC judge Walt Davis at Jones Day.

  • 5 Takeaways From Justices' Subpoena Fight Ruling

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    The U.S. Supreme Court's recent decision in First Choice v. Davenport fortifies a line of First Amendment associational privacy cases stretching back nearly 70 years, and ensures that organizations subject to government demands for donor information have a meaningful federal forum in which to defend their constitutional rights, say attorneys at DLA Piper.

  • Where The Preemption Fight Over Prediction Markets Stands

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    While the Third Circuit's recent ruling in Kalshi v. Flaherty remains a significant win for the federal government in its quest to regulate prediction markets, the Fourth, Sixth and Ninth Circuits appear more skeptical, indicating that this fight is likely headed for the Supreme Court, says Johnny ElHachem at Holland & Knight.

  • Md. Justices' State Climate Tort Ban May Shape National Path

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    The Maryland Supreme Court’s recent ruling that federal law preempted state-level deceptive marketing tort claims brought by several municipalities could offer the U.S. Supreme Court a road map to use in the pending Suncor Energy v. Boulder County case to exclude states from the business of regulating global emissions, say attorneys at ArentFox Schiff.

  • 4 Emerging Approaches To AI Protective Order Language

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    Over the last year, at least five federal district courts have issued or analyzed specific protective order provisions restricting the use of generative artificial intelligence platforms with protected materials, establishing that proactive AI-specific provisions are now standard practice and demonstrating that no single model works for every case, says Joel Bush at Kilpatrick.

  • 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.

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