Appellate

  • July 30, 2026

    CORRECTED: Tipster's Info Didn't Aid IRS Audit Of Co., DC Circ. Told

    The Internal Revenue Service appropriately denied a whistleblower award to an individual alleging that a company underpaid taxes by not following transfer pricing regulations, the U.S. government told the D.C. Circuit, saying the information did not contribute to an audit of the company.

  • July 29, 2026

    Enforcers Defend Google Search Win, Seek Payment Ban

    The U.S. Department of Justice and state enforcers urged the D.C. Circuit not to disturb a trial court's ruling that found Google illegally maintained its search monopoly, while also asking the appeals court to consider banning Google from paying to be the default search engine.

  • July 29, 2026

    'Vibe Coding' Pushes Cos. To Rethink Copyright Protection

    As artificial intelligence takes on more software development projects, businesses embracing “vibe coding” are adapting to uncertain copyright protection by documenting engineers’ contributions, keeping humans involved in high-value projects and leaning more heavily on trade secrets.

  • July 29, 2026

    6th Circ. Says Littering Stop Didn't Taint Removal Case

    The Sixth Circuit upheld a removal order against a Guatemalan national who'd been stopped by a police officer after discarding a cigarette butt on the ground, rejecting his claims that he was racially profiled and that his constitutional rights were violated.

  • July 29, 2026

    LDS Church May Pursue Abuse Suit Coverage, 10th Circ. Says

    The Tenth Circuit revived the Church of Jesus Christ of Latter-day Saints' bid for coverage of costs it incurred in underlying litigation claiming it failed to protect children who were sexually abused by a church member, saying the district court should have read ambiguous policy terms in favor of coverage.

  • July 29, 2026

    Christian Song Doesn't Infringe Copyright, Ore. Judge Finds

    An Oregon federal judge has agreed with a jury's advisory verdict that a Christian music songwriter did not infringe the copyright on singer Vincent Ambrosetti's song "Emmanuel," noting Ambrosetti himself was not a reliable witness.

  • July 29, 2026

    Mass. Judge Says Roundup Suit May Survive Justices' Ruling

    A suit against Monsanto over the alleged cancer risks of the weedkiller Roundup may still be heading for trial after a Massachusetts federal judge said Wednesday that a U.S. Supreme Court ruling barring certain claims against the company doesn't necessarily doom the case.

  • July 29, 2026

    3rd Circ. Revives Atlantic City Hotel Dynamic-Pricing Suit

    A Third Circuit panel Wednesday revived a proposed class action accusing Atlantic City casino-hotels of illegally inflating room prices with software that allegedly shared private occupancy and pricing information among them.

  • July 29, 2026

    Lowe's Coverage Row, NASCAR Team Tiff: NC Midyear Report

    The North Carolina courts are teeing up for a busy second half of 2026, including readying for a multimillion-dollar insurance trial with Lowe's and speeding through discovery in a high-profile trade secrets dispute involving former NFL coach Joe Gibbs' championship NASCAR team.

  • July 28, 2026

    11th Circ. Sides With Lockheed Martin In Toxic Exposure Suits

    The Eleventh Circuit on Tuesday refused to disturb a Florida federal court's decision excluding testimony from plaintiffs' experts in a pair of suits claiming Lockheed Martin allowed toxic waste to leach into the area surrounding its Orlando facility, ruling that both experts' testimony fell short of evidentiary requirements.

  • July 28, 2026

    Trump Asks Supreme Court To Upend $83M Carroll Verdict

    President Donald Trump urged the U.S. Supreme Court Tuesday to wade in and overturn a jury's $83.3 million verdict finding he defamed writer E. Jean Carroll after she accused him of a decades-old sexual assault, pointing to the justices' decision giving presidents sweeping immunity for official acts.

  • July 28, 2026

    Randy Quaid Loses Bid To Undo $3.5M Calif. Property Ruling

    Actor Randy Quaid and his wife cannot overturn a $3.5 million judgment awarded to a California couple who bought a Santa Barbara property that once belonged to the Quaids, an appeals court ruled Tuesday, finding substantial evidence supporting claims that the Quaids' false ownership assertions damaged the property's marketability.

  • July 28, 2026

    NJ Nursing Home On Hook For Hypothermia Death Verdict

    A New Jersey appellate panel on Tuesday affirmed a $450,000 jury verdict against a nursing home accused of negligently keeping a resident's room like an "icebox," which caused her death from hypothermia, saying the verdict was supported by sufficient evidence.

  • July 28, 2026

    1st Circ. Asked To Save Mayer Brown $21M Fee Bid In RI Suit

    The American Trucking Associations told the First Circuit that its attorneys at Mayer Brown LLP reasonably justified their request for $21 million in fees and costs after securing "substantial" wins in long-running litigation over Rhode Island's truck tolling program, disputing a district court's determination that the trucking trade group wasn't actually a "prevailing party."

  • July 28, 2026

    States Back Guam Group In High Court Disposal Permit Fight

    A coalition of states has told the U.S. Supreme Court that the U.S. Air Force must comply with separate, complementary environmental laws over its permit renewal application to detonate expired munitions in Guam, arguing the laws have distinct aims.

  • July 28, 2026

    Colo. Panel Questions If Concert Easement Appeal Is Moot

    A Colorado Court of Appeals panel Tuesday largely sidestepped the underlying statutory questions in a mountain town's appeal over the dismissal of its case seeking condemnation of an easement over a concert series, instead pondering why they were being asked to rule on the appeal at all.

  • July 28, 2026

    1st Circ. Wary Of Reinstating 'Fork In The Road' Suit

    A First Circuit judge on Tuesday questioned the repercussions of a court nixing the Trump administration's deferred-resignation program more than a year after federal workers accepted the buyouts. 

  • July 28, 2026

    Climate Change Suit Must Proceed, Boulder Tells High Court

    The city and county of Boulder, Colorado, have urged the U.S. Supreme Court to let stand a Colorado Supreme Court decision allowing their climate change tort against Exxon Mobil and Suncor Energy to proceed, arguing that the justices shouldn't short-circuit the state court proceedings.

  • July 28, 2026

    Mass. Justices Affirm New Trial In '93 Murder Case

    Massachusetts' highest court ruled Tuesday that a decades-old murder conviction based on eyewitness testimony cannot stand, citing new DNA evidence and other information that called into question the reliability of a key witness.

  • July 28, 2026

    Wash. Panel Upholds DoorDash's $14.5M Insurance Penalty

    DoorDash must pay $14.5 million in taxes and penalties for failing to pay its Dashers' industrial insurance premiums each quarter from 2017 to 2019, Washington appellate judges ruled Tuesday, finding the Dashers were covered workers under state law since their personal labor was the essence of their contracts.

  • July 28, 2026

    DC Circ. Backs EPA's Pollution Review Regulation Process

    A D.C. Circuit panel sided with the U.S. Environmental Protection Agency in its fight with environmental groups challenging rules for determining whether modifications to major pollution sources trigger new review, holding Tuesday the rule is neither inconsistent with the Clean Air Act nor arbitrary and capricious.

  • July 28, 2026

    Cannabis User Urges 8th Circ. To Rehear Gun Case

    A man convicted of possessing a pistol while using marijuana is urging the Eighth Circuit to rehear his case, arguing that its prior decision to uphold his guilt conflicts with the appeals court's prior ruling requiring the government to prove that a person's drug use caused their dangerous behavior.

  • July 28, 2026

    11th Circ. Weighs Waiver In $12.2M Solar Farm Coverage Case

    An Eleventh Circuit panel grappled Tuesday with whether Zurich American Insurance Co. should be freed from a $12.2 million verdict finding it shortchanged a Georgia solar farm's storm damage claim, with one judge seeming to side with the farm's argument that a waiver of a flood deductible was possible.

  • July 28, 2026

    No COVID Immunity For Mich. Hospitals In Malpractice Revival

    Just because a motion is unopposed doesn't mean it should be granted, Michigan appellate judges said in a published opinion Tuesday, reversing a trial court's decision that the Pandemic Health Care Immunity Act shielded Beaumont Hospital Farmington Hills from a medical malpractice suit.

  • July 28, 2026

    3rd Circ. Upholds Alecto Health's Small-Biz Ch. 11 Plan

    The Third Circuit affirmed Tuesday that hospital owner Alecto Healthcare Services' streamlined Chapter 11 and the resulting plan confirmation withstood an appeal by a creditors' group.

Expert Analysis

  • 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.

  • 3 Misconceptions About Justices' FCC Fines Ruling

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    The U.S. Supreme Court's June 4 Federal Communications Commission v. AT&T decision rejecting AT&T’s and Verizon’s argument that the commission's forfeiture process violates the Seventh Amendment has yielded three common reactions that misunderstand the decision as a matter of law and how the FCC actually operates, says Samuel Feder at Jenner & Block.

  • SEC Disgorged Fund Distribution Is Next Query After Sripetch

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    Following the Supreme Court's Sripetch v. U.S. Securities and Exchange Commission decision, investor harm isn't required for the SEC to obtain a disgorgement award, but future cases must resolve whether the commission will be freed from a requirement to distribute disgorged funds to the victims of alleged misconduct, says Daniel Walfish at Katsky Korins.

  • If Upheld, Wash. Millionaire Tax Could Upend State Law

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    The Washington Supreme Court could open the door to broader income, rental and corporate taxes if it defies precedent and the historically established desires of voters by redefining the state constitution's concepts of “income” and “property” to uphold a new tax on wages over $1 million, says Richard Birmingham at Davis Wright.

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