Appellate

  • September 08, 2026

    Trial Is Quickest Path To IP Case's 'Finality,' Justices Told

    A North Carolina software company told the U.S. Supreme Court Tuesday not to pause an upcoming trademark trial with its former Dutch partner over a licensing agreement that went south, saying the quickest way to a resolution of the long-running litigation is to finally bring it to a jury.

  • September 08, 2026

    7th Circ. Backs NLRB In Fire Company's Union Dispute

    The Seventh Circuit on Tuesday backed a federal labor enforcers' finding that an Illinois fire-suppression company breached an earlier settlement with its employees when it stopped recognizing their union and bargaining for a first contract.

  • September 08, 2026

    Artist Group Should Face 'WaveyBaby' TM Suit, Judge Says

    A New York federal magistrate judge has recommended allowing a streetwear company's trademark suit against artist collective MSCHF to proceed, finding it plausibly alleged that MSCHF's use of "Wavy Baby" for its now-discontinued sneaker was likely to cause confusion with the company's "WaveyBaby" mark.

  • September 08, 2026

    Apple Fights Masimo Bid To Add $243M To $634M Patent Win

    Apple has pressed a California federal judge to reject Masimo's request for nearly $243 million in interest atop a $634 million patent jury verdict on the Apple Watch's heart rate feature, saying the "staggering" damages are so large that adding more would be an "enormous windfall."

  • September 08, 2026

    10th Circ. Won't Block Utah Enforcement Amid Kalshi Appeal

    A pair of Tenth Circuit judges on Tuesday declined to shield Kalshi from Utah gaming regulators while it challenges a lower court ruling that cleared the way for the state to enforce its gambling laws against the firm's sports event contracts.

  • September 08, 2026

    Board Says Maduro Removal Requires Asylum Claim Redo

    The Board of Immigration Appeals said a judge failed to thoroughly consider the recent arrest and removal of Venezuelan President Nicolás Maduro before granting asylum to a woman who feared persecution for opposition to his government.

  • September 08, 2026

    Biz Groups Ask 8th Circ. To Nix Wells Fargo ERISA Suit

    The U.S. Chamber of Commerce and two benefit advocacy groups urged the Eighth Circuit to back the dismissal of a suit claiming Wells Fargo allowed a pharmacy benefit manager to overcharge workers for generic drugs, arguing that employers shouldn't be penalized for general gripes about healthcare costs.

  • September 08, 2026

    Fed. Circ. Backs Nuke Plants' Win In DOE Breach Case

    The Federal Circuit has affirmed a lower court ruling that the owners of three shuttered nuclear power plants were entitled to $145 million due to the U.S. Department of Energy's continued failure to accept spent nuclear fuel for disposal.

  • September 08, 2026

    5th Circ. Backs Ax Of $125M Judgment Over Judge Friendship

    A split Fifth Circuit panel Tuesday affirmed the vacatur of a trial by a magistrate judge that resulted in a $125 million judgment against Port of Lake Charles, finding the district court correctly found that the magistrate judge didn't fully disclose her 40-year, "close, multifaceted, and personal friendship" with IFG Port Holdings LLC's attorney.

  • September 08, 2026

    Fla. Court Misread Complex's Mural Rights Claim, Panel Told

    A Miami property owner on Tuesday urged a Florida state appellate panel to remand its case for a trial on damages over hosting exterior advertisements, arguing that a lower court misapplied the law when it found the complex couldn't establish liability after the city excluded it from a mural district.

  • September 08, 2026

    Motorola Tells DC Circ. That Google Search Payments 'Vital'

    Motorola on Friday backed Google with a D.C. Circuit amicus brief arguing the U.S. Department of Justice is wrong to call for a complete ban on Google paying cellphone-makers like Motorola to incorporate Google search into their devices.

  • September 08, 2026

    2nd Circ. Revives Suit Over NYC Murder Faked-Evidence Case

    The Second Circuit has partially revived a civil lawsuit from a New York City man wrongly convicted of a 1989 murder, giving the man another shot to hold the city accountable for violating his civil rights, and ruling that the cold case investigation of the killing fabricated evidence that affected the outcome of his trial.

  • September 08, 2026

    Conn. Justice Says $87M Telecom Bid 'Hard To Take Seriously'

    A once-bankrupt telecommunications company's bid for more than $80 million in interest on top of a $3.6 million judgment seemed "absurd" to one Connecticut Supreme Court justice hearing a 16-year-old contract dispute Tuesday, though he later said the party that hasn't paid shouldn't escape entirely unscathed.

  • September 08, 2026

    Fed. Circ. Urged To Overturn Natera's Cancer Test Patent Win

    ArcherDX is asking the Federal Circuit to fully free it from a Delaware federal jury's $19 million verdict for infringing Natera cancer diagnostic patents, saying the district court judge was wrong to only remove $10 million from that total.

  • September 08, 2026

    NC Supreme Court Considers Reviving 'Cardiac Pack' NIL Suit

    The North Carolina Supreme Court pointedly questioned the NCAA over its refusal to compensate members of the 1983 North Carolina State University championship basketball team Tuesday, expressing skepticism that the dispute was entirely snuffed out over late claims.

  • September 08, 2026

    Idaho Supreme Court OKs Revised Abortion Ballot Language

    The Idaho Supreme Court has agreed to revised ballot language for an abortion amendment scheduled to be in front of voters this November. 

  • September 08, 2026

    DC Circ. Seems To Back SEC FOIA Withholding In Data Breach

    A D.C. Circuit panel appeared skeptical Tuesday that a civil liberties group should get access to the identities and internal documents of U.S. Securities and Exchange Commission officials involved in a 2022 "control deficiency" that resulted in the dismissals of over 40 administrative cases.

  • September 08, 2026

    5th Circ. Nixes Bulk Of NLRB Order In Starbucks Threats Case

    The Fifth Circuit has declined to enforce the bulk of a National Labor Relations Board decision finding Starbucks unlawfully threatened workers with reduced store hours and a hiring freeze in response to a unionization campaign but said one manager unlawfully threatened workers' health and leave benefits.

  • September 08, 2026

    Womble Bond Says No Need To Share Rift Details In Exit Bid

    Attorneys from Womble Bond Dickinson, seeking to withdraw as counsel of record for a Dutch software company embroiled in a trademark dispute with an American rival, told a North Carolina federal judge that they are not obligated under professional conduct rules to disclose the "substance of a confidential disagreement" underlying their withdrawal request.

  • September 08, 2026

    3rd Circ. Revives Firearm Group's Challenge To NJ Gun Law

    The Third Circuit on Tuesday held that the National Shooting Sports Foundation can challenge New Jersey's law allowing the state to sue firearms manufacturers for endangering public safety, also reversing a lower court's decision to put the case on hold.

  • September 08, 2026

    5th Circ. Partially Backs NLRB Ruling In Starbucks Union Fight

    The Fifth Circuit backed most of a National Labor Relations Board decision finding that Starbucks engaged in a host of federal labor law violations to suppress a union campaign in upstate New York, ruling that the board's findings are supported by "substantial evidence" presented in the case.

  • September 08, 2026

    9th Circ. Reopens Immigration Case After Flat-Tire Delay

    A split panel of the Ninth Circuit has found immigration officials erred by not reconsidering the case of a Guatemalan man facing removal after he was five minutes late to his hearing, saying documentation was not required to prove a flat tire caused the delay.

  • September 08, 2026

    Fed. Circ. Backs Atty Fees In 3D Motion Sensor Patent Case

    The Federal Circuit on Tuesday turned down network testing company Viavi Solutions Inc.'s challenge to a lower court's decision ordering it to pay another company's attorney fees after Viavi unsuccessfully brought suit alleging patent infringement.

  • September 08, 2026

    DC Circ. Affirms Injunction Against IRS-ICE Data Sharing

    The D.C. Circuit affirmed a lower court's preliminary injunction Tuesday barring the IRS from sharing taxpayer data with immigration authorities, finding that the coalition challenging the deal has standing and that the arrangement likely violates the law.

  • September 07, 2026

    Missouri Asks Justices To Prevent Election 'Disaster'

    Missouri has implored the U.S. Supreme Court to stay the state high court's ruling prohibiting the use of a new congressional map drawn to help Republicans in this year's midterms and requiring the map be submitted for voter approval, claiming the decision will create an unconstitutional "disaster." 

Expert Analysis

  • Salt-N-Pepa Suit May Shake Up Music Copyright Issue

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    James v. UMG Recordings is a copyright termination rights case that provides an opportunity for the Second Circuit to make concrete choices about grant language, authorship, work-for-hire status and survival of derivative works, says attorney Abdul Abdullahi.

  • 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.

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