Appellate

  • June 29, 2026

    Fed. Circ. Says Vet's Atty Can't Get Fees Over New Hip Claim

    The Federal Circuit has rejected an attorney's bid to secure attorney fees following her client's long-running quest for disability benefits from the U.S. Department of Veterans Affairs, finding that a separate case commenced following his February 2021 hip surgery.

  • June 29, 2026

    Law Firm Must Face Lowenstein Sandler's Malpractice Suit

    A New Jersey state appellate panel gave Lowenstein Sandler LLP the green light to pursue a $750,000 malpractice suit against law firm Trif & Modugno LLC in a ruling Monday that Lowenstein Sandler did not miss the deadline to file a required affidavit.

  • June 29, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week handled disputes involving controlling stockholders, executive compensation, take-private transactions, books and records demands and board governance, while the Delaware Supreme Court issued decisions in two corporate records cases previously decided in the Chancery.

  • June 29, 2026

    Fla. Justices Want Judge To Be Fined Over Political Donations

    Florida's highest court has rejected a proposed public reprimand for a state court judge who donated nearly $30,000 through more than 900 total contributions to political organizations, finding the judge should also have to pay a fine.

  • June 29, 2026

    1st Circ. Won't Order Judge To Rule On 'Loyalty' Question

    The First Circuit declined a request by three federal worker unions to formally order a Massachusetts district judge to pick up the pace in ruling on their challenge to a Trump administration policy asking job applicants for their views on the president's agenda, something the plaintiffs are calling an unlawful "loyalty" question.

  • June 29, 2026

    Supreme Court To Review Wash. Youth Gender Care Law

    The U.S. Supreme Court will hear a challenge to Washington state's law permitting shelters not to notify the parents of runaway teens who seek gender-affirming treatment, reviving a lawsuit that a Ninth Circuit panel unanimously shot down after a district judge found the plaintiffs could only show speculative injury.

  • June 29, 2026

    Justices Deny Samsung's Bid To Toss Minn. Battery Suit

    The U.S. Supreme Court on Monday denied a petition from Samsung SDI Co. seeking to overturn a Minnesota appeals court ruling finding it must face a suit over an exploding vape pen battery.

  • June 29, 2026

    Justices Toss 3rd Circ. Pot Gun Ruling, Leave 5th Circ. Intact

    The U.S. Supreme Court on Monday disposed of two cases questioning whether a federal law barring users of marijuana from lawful gun ownership runs afoul of the Second Amendment, following the justices' recent ruling on a similar matter.

  • June 29, 2026

    Justices Clarify Geofence Warrant Standards

    The U.S. Supreme Court ruled Monday that geofence warrants, which compel technology companies to turn over users' location data to law enforcement, are "searches" under the Fourth Amendment.

  • June 29, 2026

    High Court OKs Late-Arriving Ballot Counts

    The U.S. Supreme Court on Monday upheld Mississippi's law allowing state election officials to count mail-in ballots that arrive up to five days after Election Day, paving the way for the Magnolia State and 14 others, along with the District of Columbia, to count late-arriving ballots in this year's midterm elections.

  • June 29, 2026

    Justices Strike Down Humphrey's Presidential Firing Limits

    The president has unlimited authority to fire members of independent agencies, the U.S. Supreme Court ruled Monday in a major win for President Donald Trump's campaign against officials at the Federal Trade Commission and beyond.

  • June 29, 2026

    High Court Lets Fed's Lisa Cook Keep Job For Now

    The U.S. Supreme Court ruled Monday that Federal Reserve Gov. Lisa Cook cannot be immediately removed from her post, a setback for President Donald Trump as he seeks to further remake the central bank's leadership.

  • June 29, 2026

    Justices Won't Hear Highland Capital Ch. 11 'Gatekeeper' Case

    The U.S. Supreme Court said Monday that it will not hear Highland Capital's arguments for reversing a Fifth Circuit decision narrowing the claims releases and so-called gatekeeper provision in the bankrupt Texas investment fund's Chapter 11 plan.

  • June 29, 2026

    High Court Passes On UT Professor's Speech-Chilling Suit

    The U.S. Supreme Court on Monday refused to take up a University of Texas at Austin professor's appeal alleging the university punished him for his conservative speech and criticism of university leadership.

  • June 29, 2026

    Justices Will Resolve Circuit Split Over Pipeline Payouts

    The U.S. Supreme Court on Monday agreed to resolve a circuit court split over how to determine what gas infrastructure project developers should pay landowners in eminent domain proceedings, a move encouraged by the Trump administration.

  • June 29, 2026

    Justices Won't Review Yellow Corp. Ch. 11 Pension Liabilities

    The U.S. Supreme Court on Monday rejected defunct trucking giant Yellow Corp.'s appeal of a bankruptcy court decision that it owes billions of dollars in retirement fund withdrawal liability, despite a pandemic-era pension fund stimulus package.

  • June 29, 2026

    Justices Pass On Samsung's Texas Battery Jurisdiction Fight

    The U.S. Supreme Court on Monday declined to review litigation regarding a Samsung SDI Co. battery that exploded in a man's pocket, leaving unanswered a multi-appellate court split over whether a company that sells products into a state can avoid jurisdiction by claiming it intended the goods to be sold to corporate clients and not general consumers.

  • June 29, 2026

    High Court Rejects Dershowitz's Appeal To Revive CNN Suit

    The U.S. Supreme Court on Monday declined Harvard Law School professor emeritus Alan Dershowitz's invitation to revisit its seminal 1964 ruling in New York Times v. Sullivan, rejecting Dershowitz's petition to revive his $300 million defamation suit against CNN.

  • June 29, 2026

    Justices Won't Hear Mom's Copyrighted School Survey Fight

    The U.S. Supreme Court on Monday declined to take up a Kentucky mother's bid to resolve whether federal or state courts have authority to decide if copyright's fair use doctrine allows her to obtain a copy of a student mental-health survey from her child's school district.

  • June 29, 2026

    Justices To Weigh If Asylum Termination Bars Green Cards

    The U.S. Supreme Court said Monday it will review a split Second Circuit decision holding that noncitizens whose asylum status was terminated after criminal convictions are no longer eligible to seek green cards.

  • June 29, 2026

    Supreme Court Shuts Down 4 Patent Cases

    The U.S. Supreme Court turned down four petitions over patent law Monday, meaning it won't review questions related to prosecution laches, jury verdicts, patent eligibility and marking.

  • June 29, 2026

    Justices Decline Spain, Russia Sovereign Immunity Cases

    The U.S. Supreme Court on Monday opted to pass on reviewing two cases relating to the Foreign Sovereign Immunities Act's arbitration exception, a decision that clears a path for creditors looking to enforce arbitral awards worth hundreds of millions of dollars against Spain and Russia.

  • June 29, 2026

    Justices Seek SG's Input On Undated Mail Ballots In Pa.

    The U.S. Supreme Court has asked the federal government to weigh in on a case to determine if defects like missing or incorrect dates can invalidate mail-in ballots, after the Republican National Committee intervened to uphold such a rule in Pennsylvania.

  • June 29, 2026

    Justices Turn Away Case Challenging SEC's 'Gag Rule'

    The U.S. Supreme Court on Monday said it would not hear a constitutional challenge to a now-rescinded U.S. Securities and Exchange Commission policy that prohibited defendants from denying allegations against them when settling an enforcement action with the agency.

  • June 29, 2026

    High Court Takes Up Coffee Drink Co.'s TM Fight With Pepsi

    The U.S. Supreme Court on Monday agreed to hear a trademark dispute between PepsiCo and the maker of Rise nitro cold-brew coffee drinks, teeing up a case over whether judges or juries should decide a mark's inherent strength when assessing whether consumers are likely to be confused.

Expert Analysis

  • When Do Murals Qualify For IP Protection?

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    Artist Robert Wyland recently sued FIFA for painting over his 1999 "Ocean Life" mural to make room for a World Cup promotion in Dallas, spotlighting questions over the extent to which copyright law and the Visual Artists Rights Act protect different types of art, say attorneys at Armstrong Teasdale.

  • How Justices' Habeas Ruling Limits Compassionate Release

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    The U.S. Supreme Court's recent holding in Fernandez v. U.S. that a federal prisoner who challenges their conviction's validity must do so through habeas, not compassionate release, considerably narrows the universe of arguments that can support a sentence reduction, says attorney Elizabeth Franklin-Best.

  • The Banking Issue Hiding In Justices' Freight Broker Ruling

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    While the U.S. Supreme Court’s recent liability preemption ruling in Montgomery v. Caribe Transport was front-page news for the transportation industry, the banking industry seems to have missed that the decision exposes freight broker lenders to credit, documentation and litigation issues, say attorneys at Barack Ferrazzano.

  • Insurance Ruling Extends NY Bad Faith To 3rd-Party Coverage

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    In Renergy v. Mt. Hawley Insurance, a New York federal court recently granted a policyholder leave to amend its complaint to clarify a bad faith claims handling cause of action, confirming, after nearly 20 years, that bad faith damages are available in the third-party liability context, say attorneys at Barnes & Thornburg.

  • Opinion

    Rule Of Law Requires Gov't Engagement With Bar, Not Retreat

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    A federal agency's absence from national and local bar conferences, most recently illustrated by the U.S. Department of Justice's withdrawal from a New York City Bar Association white collar conference, disserves the bar, the government lawyers themselves and, ultimately, the administration of justice, says Muhammad Faridi at Linklaters.

  • Fed. Circ. Clarifies Standard For Contesting CICA Overrides

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    The Federal Circuit's recent holding in Life Science Logistics strengthens the hand of protesters facing an override of the Competition in Contracting Act stay, and a Court of Federal Claims decision the same day demonstrates that how a protester frames its requested relief remains critically important, says Richard Arnholt at Bass Berry.

  • The Paradoxical Duty To Adopt AI When You Can't Bill For It

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    Both billing for hours saved using artificial intelligence and preserving billable time by not adopting AI may violate rules of professional conduct, but until bar associations' ethics rules catch up to this emerging economic dilemma, firms must decide how to adjust fee structures themselves, says Ines Lassalle at Peyrot & Associates.

  • 4 Emerging Limits Of Employer Mental Health Notice Defense

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    A California appeals court's recent decision in Husband v. Target, addressing when an employer knows about an employee's undisclosed disability, leaves open questions about how changes in mental health awareness and workforce monitoring tools may raise the bar for what employers can claim not to know, says Benjamin Heller at RFZ Law.

  • Raptors Ruling Shows Risks Of Calif. Enviro Suit Intervention

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    Intervention in California environmental litigation can allow businesses to help defend agency approvals, but after a state appeals court's recent ruling in Raptors Are the Solution v. CropLife America, it is clear that intervention also carries a price — and that courts will hold parties accountable for the full arc of their litigation conduct, says Thierry Montoya at FBT Gibbons.

  • A Decade Later, Escobar Is Still Shaping FCA Cases

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    The U.S. Supreme Court's decision 10 years ago in Universal Health Services v. U.S. ex rel. Escobar changed the way in which lower courts evaluate False Claims Act cases — and the ruling remains vital in nearly every FCA case filed today, say attorneys at Bradley Arant.

  • Sripetch May Prove To Be An Empty Victory For The SEC

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    The U.S. Supreme Court's recent decision in Sripetch v. U.S. Securities and Exchange Commission held that the SEC need not prove pecuniary harm for disgorgement, but if the commission must still identify victims and distribute funds in a compensatory way, it faces the same economic problem as before the ruling, says Erin Smith at Compass Lexecon.

  • 9th Circ. Cooler Ruling Chills 1st Mover Lanham Act Claims

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    The Ninth Circuit's recent decision in Vericool World v. Igloo Products that Vericool's claim of being first-to-market with an ecocooler was not actionable under the Lanham Act largely foreclosed false advertising litigation over first mover status, so potential plaintiffs should instead look to patent counseling or intellectual property strategy for these claims, say attorneys at Manatt.

  • Mapping 5 Fronts Of The Prediction Markets Regulatory Battle

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    The legal framework governing prediction markets is under simultaneous challenge in five independent areas, and the outcomes will determine not just who can operate prediction markets, but the compliance obligations of every participant in the ecosystem, says Ivor Wolk at Manatt.

  • Patent Ruling Highlights Risks Of Late Inventorship Fixes

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    The Federal Circuit's recent decision in Implicit v. Sonos demonstrates the risk of forfeiture with retroactive correction of inventorship in inter partes review proceedings, with a clear message to the patent community that potential inventorship issues should be considered at every stage of a patent's life cycle, say attorneys at BCLP.

  • Adjusting IPR Tactics As Google Fights 'Settled Expectations'

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    Google’s petition for the U.S. Supreme Court to scrutinize the Patent Trial and Appeal Board's so-called settled expectations practice underscores why accused infringers facing older asserted patents should treat discretionary denial as a case-dispositive risk from day one, says attorney Abdul Abdullahi.

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