Appellate

  • August 18, 2026

    11th Circ. Affirms Kickback Convictions For Pain Doc, Salesman

    The Eleventh Circuit on Tuesday affirmed the conviction and sentences of a Florida pain doctor and a salesman found guilty of participating in a kickback conspiracy for prescribing a fentanyl spray, ruling prosecutors had "overwhelming" evidence the men knowingly participated in "sham" drug promotion events.

  • August 18, 2026

    High Court Told It Must Block Ballroom To Balance Power

    The U.S. Supreme Court must deny President Donald Trump's bid to lift a ban on construction of a White House ballroom, a historical preservation nonprofit told the justices Tuesday, contending that a ruling in the president's favor would wrongly enable him to continue usurping Congress' authority and dodging judicial review.

  • August 18, 2026

    Sandy Hook Families Say Alex Jones Co. Can't Dodge Bond

    Sandy Hook Elementary School massacre victims' families have asked the Texas Supreme Court to dissolve an appeals court order blocking a receiver from deploying the assets of Alex Jones' Free Speech Systems LLC, saying the company is stalling a $1.3 billion judgment collection effort without posting the required bond.

  • August 18, 2026

    Mich. Panel Revives $900K Hyperbaric Chamber Coverage Suit

    A Michigan appellate court panel on Monday revived Corewell Health's suit seeking recovery of nearly $900,000 from State Farm Insurance for hyperbaric oxygen therapy that was provided to a child who suffered a traumatic brain injury after he was struck by a vehicle while riding his bike.

  • August 18, 2026

    Feds Tell 6th Circ. Ábrego García Prosecution Should Go On

    The Trump administration has urged the Sixth Circuit to revive its prosecution of Kilmar Ábrego García on human smuggling charges after the administration mistakenly deported him to El Salvador, arguing a Tennessee federal judge erred in finding a tainted investigation.

  • August 18, 2026

    LA Pot Partnership Deal Void, Calif. Appeals Court Says

    A California state appeals court has affirmed a lower court's determination that a partnership agreement tied to a group of medical marijuana dispensaries could not be enforced because it called for operations that violated a Los Angeles city ordinance.

  • August 18, 2026

    3rd Circ. Nixes Prof's Disability Bias Win, Calls For Trial

    The Third Circuit scrapped Tuesday an early win handed to a Kutztown University professor who claimed she faced disability discrimination when her requests to teach remotely to manage an autoimmune condition were denied, ruling the lower court was too quick to resolve the case given the disputes at play.

  • August 18, 2026

    MMA Law Tells 5th Circ. It Didn't Waive Hurricane Suit Fees

    MMA Law Firm has urged the Fifth Circuit to vacate a Texas federal district court ruling against it, arguing the district court did not have jurisdiction to hear an appeal of a bankruptcy court's decision to grant summary judgment in favor of a New Orleans law firm that took over hurricane damage cases that MMA had filed.

  • August 18, 2026

    Flawed Demand Letter Sinks Mass. Sewer Damage Suit

    Massachusetts' intermediate-level appellate court on Tuesday affirmed a pretrial win for the city of Chelsea in a suit by a building owner whose property was damaged by sewer water, pointing to an insufficient demand letter sent before the case was filed.

  • August 18, 2026

    Del. DOJ Says Saul Ewing Bill Ruling Put It In 'Untenable' Spot

    Delaware's Department of Justice wants the state's high court to undo a ruling allowing the ACLU to obtain Saul Ewing LLP invoices for work on a federal lawsuit over prison medical care, saying the decision puts "a new burden of proof on agencies" when dealing with public records requests.

  • August 18, 2026

    Pa. Justices Find 'Loophole' For Out-Of-State Pension Credit

    A public school teacher can claim credit in Pennsylvania's pension system for her years of service in Arizona because of an apparent "loophole" that doesn't bar such carryovers if the employee has cashed out their other state pension, the Pennsylvania Supreme Court ruled Tuesday.

  • August 18, 2026

    Ga. High Court Sidesteps Key Question In Bio-Lab Fire Case

    Whether Georgia residents who say they were exposed to harmful substances because of a 2024 fire at chlorine manufacturer Bio-Lab's factory can seek medical monitoring in their proposed class action is a question that should be answered in federal court, the Georgia Supreme Court said Tuesday.

  • August 18, 2026

    NJ Justices Signaled Likely End To Daniel's Law, Experts Say

    First Amendment experts said the New Jersey Supreme Court likely doomed the state's judicial privacy law when it found that the statute did not require those seeking damages to establish mental state, a decision that the Third Circuit hinted could result in the measure being struck down.

  • August 17, 2026

    Unfair Jury Instructions Challenged Too Late, 6th Circ. Says

    An Ohio man convicted of hiring two hitmen to kill a man for stealing hundreds of thousands of dollars in cash and jewelry from him cannot challenge his "almost certainly" unconstitutional mandatory life sentence, because he waited far too long to raise the matter, the Sixth Circuit said Friday.

  • August 17, 2026

    Experts See Looming Legal Disputes Over FCC Party Balance

    The U.S. Supreme Court's recent decision to ditch case law shielding independent federal agency members from presidential removal is unlikely to resolve ongoing controversy over White House control of the Federal Communications Commission, experts said Monday.

  • August 17, 2026

    Moderna, Arbutus Clash On Gov't Venue For Vax IP Claims

    Moderna Inc. has accused Arbutus Biopharma Corp. of turning a government contractor indemnification law "upside down" by arguing the COVID-19 vaccine supplier must face infringement litigation, while Arbutus says the government is wielding that relationship to dodge liability in two separate courts.

  • August 17, 2026

    Conn. Justices Wonder If Murder Witness Had A Deal

    A divided Connecticut Supreme Court has ruled that it needs more information before it can decide whether to grant a man's habeas corpus petition that argues prosecutors in his murder case misled a jury about a key witness's leniency agreement.

  • August 17, 2026

    NJ Justices Let Murder Defendant Undo Global Guilty Plea

    The New Jersey Supreme Court on Monday ruled a defendant in separate felony murder and armed robbery cases must be allowed to withdraw his global guilty plea after evidence used in both cases was suppressed on appeal.

  • August 17, 2026

    USPTO Backs Double Patent Policy Squires Wants Reviewed

    The U.S. Patent and Trademark Office has urged the Federal Circuit to uphold the rejection of a Sanofi patent application for double patenting, days after USPTO Director John Squires said in a separate case that the policy rationale underlying both disputes should be reconsidered.

  • August 17, 2026

    Happy Egg Breaks 'Pasture Raised' False Ad Class At 9th Circ.

    The Ninth Circuit on Monday threw out class certification of California and New York consumers accusing the company behind the Happy Egg brand of deceptively labeling egg cartons with promises that its hens are "pasture raised on over 8 acres."

  • August 17, 2026

    9th Circ. Says Statute Mandates Central Valley Contract Switch

    A Ninth Circuit panel on Monday ruled the U.S. Bureau of Reclamation had no duty to complete environmental reviews before it converted dozens of water service contracts for the Central Valley Project in California in a process intended to help fund storage improvements.

  • August 17, 2026

    Mass. Justices Reject Injured Roofer's Negligent Hiring Suit

    Massachusetts' top court said Monday that state law does not recognize a negligent hiring claim when it is lodged by a subcontractor's worker against the general contractor and tossed a suit seeking to hold the contractor liable for a roofer's nearly fatal fall.

  • August 17, 2026

    10th Circ. Skeptical Of Gov't In Rwandan Refugee Appeal

    The Tenth Circuit on Monday pushed back against the U.S. government's contention that a Rwandan woman can't seek judicial review of its decision to terminate her refugee status during a rehearing of the woman's challenge of the termination. 

  • August 17, 2026

    Kalshi Loses Bid To Block Conn. Enforcement

    A Connecticut federal judge has denied a bid from KalshiEX to keep offering sports contracts while it pursues an appeal before the Second Circuit, finding the prediction market's arguments for a stay had already been rejected by the court and that it has not shown it is likely to win on appeal.

  • August 17, 2026

    Attorneys Skeptical Of Trump's 11th Circ. Appeal Of IRS Case

    Six attorneys who weighed in on President Donald Trump's $10 billion suit against the Internal Revenue Service told a Florida federal court Monday that he hasn't demonstrated that he will prove that its ruling that the settlement from the suit lacked a legitimate controversy violated due process.

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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