Appellate

  • 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.

  • August 04, 2026

    Colo. Panel Mulls Med Mal Retrial Bid Over Pretrial Meeting

    A Colorado man urged a state appellate court Tuesday to order a new trial in his medical malpractice lawsuit in which jurors sided with his physicians, arguing to a skeptical panel that the defense's ex parte pretrial meeting with his own treating surgeon caused him prejudicial harm.

  • August 04, 2026

    3rd Circ. Won't Give Ex-Olympus Exec Another Go At FCA Suit

    The Third Circuit has declined to revive a whistleblower suit by Olympus Corp.'s former employee who claimed he was fired after reporting FDA regulatory violations, ruling Tuesday that he failed to state a retaliation claim under the False Claims Act since he didn't link his concerns to a reasonable belief that Olympus defrauded the government.

  • August 04, 2026

    11th Circ. Backs $12M Battery IP Award, But Drops Damages

    The Eleventh Circuit on Tuesday affirmed a Florida federal jury's conclusion that a battery charger company infringed a competitor's trademarks with Amazon advertisements and other communications and upheld a $12.1 million disgorgement order — although it ordered a new trial on a separate $1.3 million damages award.

  • August 04, 2026

    DC Circ. Says Feds' $629M Settlement Belongs In Terror Fund

    The federal government must deposit $629 million earned from settled bank fraud and sanctions violation charges against a tobacco company into a fund supporting victims of state-sponsored terror, the D.C. Circuit ruled Tuesday, favoring two victims of terror attacks in Lebanon.

  • August 04, 2026

    9th Circ. Upholds Jurisdiction In $22M Chinese Debtor Case

    The Ninth Circuit ruled in a published opinion Monday that a physically present defendant need not be personally served in order for a court to have personal jurisdiction, affirming the enforcement of a $22.2 million Chinese arbitral award in a case centering on a defaulted loan.

  • August 04, 2026

    5th Circ. Revives Penske Vicarious Liability Suit

    The Fifth Circuit Tuesday revived a lawsuit alleging trucking services giant Penske Logistics LLC and its freight broker affiliate Penske Transportation Management LLC are vicariously liable for a fatal 2018 Texas collision, after the U.S. Supreme Court's recent Montgomery ruling reshaped brokers' liability exposure.

  • August 04, 2026

    DC Circ. Upholds Injunction Forcing EPA To Fund Clean Energy

    A split D.C. Circuit affirmed a lower court decision blocking the Trump administration from freezing $20 billion in clean-energy grant money Tuesday, overturning a divided circuit panel decision from September that vacated the injunction and would have allowed the administration to claw back the funding.

  • August 04, 2026

    Fla. High Court Won't Touch Reversal Of $213M 'Maya' Award

    The Florida Supreme Court said Tuesday it would not hear the appeal of a decision that reversed a $213 million judgment against a Florida hospital in favor of Maya Kowalski, the subject of the Netflix documentary "Take Care of Maya."

  • August 04, 2026

    5th Circ. Weighs KKK Act For 'Trump Train' Driver

    A Fifth Circuit judge wanted to know why the Ku Klux Klan Act should apply to a member of the "Trump Train" convoy who collided with a campaign vehicle in 2020, questioning Tuesday whether supporters of then-presidential nominee Joe Biden fell under the law's description.

  • August 04, 2026

    Mich. Trooper's Bias Claim Barred By 6-Month Notice Rule

    A state trooper's disability discrimination claim against the Michigan State Police qualifies as a personal injury claim subject to a six-month notice deadline, a Michigan appellate court has determined. 

  • August 04, 2026

    Search Rival, Advocates Back DOJ Against Google In DC Circ.

    Academics, policy experts, advocacy groups and several rivals lent their voices Tuesday to the U.S. Department of Justice's defense of its monopolization win over Google, while urging the D.C. Circuit to strengthen the "relatively modest remedies" they say leave Google able to dominate both search and artificial intelligence.

  • August 04, 2026

    Workers Should Get Back Pay In RLA Dispute, 9th Circ. Says

    A California federal judge erred by refusing to order an airline caterer to provide its workers with back pay after a healthcare dispute with a union, a split Ninth Circuit ruled Tuesday, saying the Railway Labor Act violation committed by the caterer occasioned a back pay award.

  • August 04, 2026

    Ex-Team Owner Says PR Baseball League Can't Escape Suit

    The former owner of a Puerto Rican baseball team is looking to keep his antitrust suit against the league afloat, telling a federal judge that the league's efforts to snuff out the case are premature.

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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