Appellate

  • July 20, 2026

    CIT Judge Changes IEEPA Test Case But Retains Schedule

    The U.S. Court of International Trade has selected a new underlying case as the one to test the federal government's updates on its system for refunding duties charged under President Donald Trump's struck-down global tariff regime, though it otherwise kept in place certain reporting and hearing deadlines.

  • July 20, 2026

    4 Patent Cases To Watch In The Second Half Of 2026

    New limits on the ability to challenge patents tied to when they were issued, the invalidity standards for antibody patents and the test for design patent infringement are all at issue in cases patent attorneys will be monitoring for the rest of the year.

  • July 20, 2026

    AGs Say DOJ Suit Would 'Upend' Atty Discipline System

    Attorneys general in 20 states have raised alarms over the U.S. Department of Justice's "unprecedented effort" to halt a disciplinary case in D.C. against former federal prosecutor Jeffrey Clark, warning the Trump administration is trying to "upend a centuries-old system of attorney discipline" and put federal government lawyers beyond the reach of local disciplinary authorities.

  • July 20, 2026

    Microchip Co. Will Pay $13M To End Merger Severance Fight

    A microchip-maker will pay more than $13 million to settle a long-running class action alleging it illegally shut down a severance program following a 2016 merger, according to terms of the proposed deal filed in California federal court.

  • July 20, 2026

    Top Gov't Contracting Cases To Watch In The 2nd Half Of 2026

    Federal courts in the latter half of 2026 are expected to decide if the Trump administration overstepped by designating Anthropic a supply chain risk to national security and whether the False Claims Act's qui tam provisions pass constitutional muster, potentially affecting the government's ability to tackle fraud.

  • July 20, 2026

    Meet The Attys Vying For Position 1 On The Wash. High Court

    A civil rights litigator who left a top role at the Washington state attorney general's office last fall to step in for a retiring state Supreme Court justice is vying this election season to retain the seat for the next two years, drawing opposition from a Ballard Spahr LLP tax attorney and a longtime family law practitioner.

  • July 17, 2026

    Full 3rd Circ. Wipes Out New Jersey Assault Weapons Ban

    The full Third Circuit on Friday held that New Jersey's decades-long ban on semi-automatic firearms and high-capacity magazines is unconstitutional, though some judges said the way the weapons are now being used as well as recent technological advances couldn't have been foreseen by the Constitution's framers.

  • July 17, 2026

    9th Circ. Tosses Child Sex Abuse Conviction Over Bad Search

    A Ninth Circuit panel threw out the conviction of a man who pled guilty to recording himself raping his 7-year-old daughter in Washington, saying Friday that officers discovered the videos on his computer after going beyond the bounds of an unrelated search warrant.

  • July 17, 2026

    US Seeks Toss Of Arbutus Patent Suit Over Moderna Vaccine

    The federal government asked the U.S. Court of Federal Claims on Friday to dismiss much of a patent suit against it by Arbutus Biopharma tied to Moderna's COVID-19 vaccine, saying the court couldn't hear the bulk of the case because Arbutus and Moderna reached a multibillion-dollar consent judgment that is subject to appeal.

  • July 17, 2026

    Deutsche Bank Can Pursue Billionaire Vik Over $243M Order

    A Connecticut appeals court on Friday revived a Deutsche Bank lawsuit against billionaire Alexander Vik, concluding that the bank's prior litigation loss did not bar a second lawsuit accusing Vik and his daughter of disrupting a Norwegian software company's share sale designed to partially satisfy a $243 million English court judgment.

  • July 17, 2026

    4th Circ. Bars Salvadoran Woman's Bid To Cancel Removal

    A split panel of the Fourth Circuit ruled Friday an El Salvador woman granted temporary removal relief did not have an immigration "status" and was therefore ineligible to seek to stop her deportation, breaking with precedent in the Fifth and Ninth circuits.

  • July 17, 2026

    Split DC Circ. Halts Block Of DOD Escort Rule

    A divided D.C. Circuit panel has paused a preliminary injunction blocking the U.S. Department of Defense's policy that reporters must be escorted whenever they're in the Pentagon.

  • July 17, 2026

    Pipeline Worker Engaged In Interstate Commerce, Court Says

    A Texas appeals court ruled that Energy Transfer LP cannot compel the family of a man who died in a pipeline explosion to arbitration under the Federal Arbitration Act, finding Thursday that the FAA did not apply to his employment contract because he engaged in interstate commerce.

  • July 17, 2026

    2nd Circ. Sends Sprinter's Gatorade Doping Suit To NY Court

    The Second Circuit on Friday deferred the appeal by a track athlete claiming Gatorade supplied him with tainted gummies to a New York state appeals court to determine whether his complaint is covered by state tort or contract law.

  • July 17, 2026

    Mass. Court Tosses Evidence After Bodycams Show Coercion

    Massachusetts' highest court on Friday said a gun and drugs found in a car after police repeatedly searched and pressured the driver for the key must be thrown out as evidence in a case that one of the justices, in a concurrence, says highlights the value of police-worn body cameras.

  • July 17, 2026

    Fed. Circ. Won't Review Reversal In $18M Penile Implant Case

    The full Federal Circuit said Friday that it won't review a panel decision that mostly undid a California federal jury verdict that awarded $18.3 million to International Medical Devices Inc. in a trade secret case about penile implants.

  • July 17, 2026

    9th Circ. Rekindles Idaho Logging Review Dispute

    The Ninth Circuit revived a conservation group's suit against the U.S. Forest Service over an environmental review of an Idaho logging project, ruling that the group should have been allowed to raise an argument it had not raised during an earlier administrative process.

  • July 17, 2026

    Del. High Court Says Jarkesy Doesn't Extend To State Cases

    The Delaware Supreme Court has declined to apply the U.S. Supreme Court's Jarkesy holding to a state securities fraud suit arising from an administrative enforcement action brought by the state's Investor Protection Unit, finding there are no similar common-law cases requiring the right to a jury trial.

  • July 17, 2026

    Mich. Panel Says Restitution Doesn't Cover Memorial Jewelry

    A western Michigan man convicted of manslaughter cannot be required to reimburse a victim's family for memorial jewelry purchased after the victim's death, a Michigan appellate panel has ruled, holding for the first time that such items do not qualify as "actual funeral and related services" under the state's restitution laws. 

  • July 17, 2026

    DC Circ. Vacates Benghazi Attack Leader's 'Lenient' Sentence

    A D.C. Circuit panel vacated a lower court's 28-year sentence of a Libyan national accused of orchestrating the deadly 2012 attacks against a U.S. diplomatic mission in Benghazi, Libya, agreeing with the government that his sentence is "unreasonably lenient."

  • July 17, 2026

    6th Circ. Won't Rehear Mark Cuban-Backed FINRA Challenge

    A Sixth Circuit panel has declined to grant a full rehearing of a constitutional challenge of the Financial Industry Regulatory Authority's in-house disciplinary proceedings brought by the owner of a financial consulting company that had support from billionaire entrepreneur Mark Cuban.

  • July 17, 2026

    Conn. Justices Bar Town From Killing Errant Forest Tax Break

    A Connecticut municipal assessor did not have the authority to terminate a property tax break for forest use that was erroneously granted, the state Supreme Court said Friday, suggesting that state lawmakers could clarify the law on the matter.

  • July 17, 2026

    Ex-FDIC, CFPB Chiefs Back Colo. In 10th Circ. Rate Law Case

    Two former members of the FDIC's board of directors, one of whom also led the Consumer Financial Protection Bureau, filed an amicus brief urging the Tenth Circuit to uphold a panel's ruling reinstating a Colorado law intended to curb high-cost lending in the state that a lower court initially shot down.

  • July 17, 2026

    Fla. Justices Uphold ISIS-Radicalized Teen's Sentences

    The Florida Supreme Court has ruled that a double life without parole sentence handed down to a juvenile convicted of murder who was radicalized by ISIS propaganda on the internet does not violate state law and U.S. Supreme Court precedent forbidding mandatory life sentences for young people.

  • July 17, 2026

    DC Circ. Backs Maximum Prison Term For Trump Tax Leaker

    The D.C. Circuit has upheld the maximum prison sentence handed down in the case of an IRS contractor who pled guilty to leaking President Donald Trump's tax returns, along with thousands of others, ruling Friday that the punishment was "reasonable."

Expert Analysis

  • CFTC Trading Rule Can't Police Prediction Markets Yet

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    The Commodity Futures Trading Commission’s recent efforts to police insider trading in prediction markets through a post-Dodd-Frank anti-fraud rule exposes doctrinal gaps around misappropriation theory, leaving platforms to fill the void with win-rate-based surveillance, says attorney Tamara de Silva.

  • Columbia Software IP Ruling Tests Royalty Damages Model

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    The Federal Circuit's recent decision in Columbia University v. Gen Digital, vacating a damages verdict involving foreign software sales, provides guidance on ambiguities surrounding the worldwide royalty damages model established by the court's decision in Brumfield v. IBG two years ago, say attorneys at Munger Tolles.

  • Turning To The Courts When PBM Reform Falls Short

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    The effectiveness of state laws intended to regulate pharmacy benefit managers remains uncertain, but litigation — utilizing tried-and-true theories like breach of contract and fair dealing — offers another mechanism through which stakeholders may seek relief from PBMs, say attorneys at Reed Smith.

  • Opinion

    Immigration Appeals Rule Would Prevent Meaningful Review

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    Justice Stephen Breyer’s book “Making Our Democracy Work” offers a useful lens through which to consider what is at stake for the Executive Office for Immigration Review's legitimacy as the government asks the D.C. Circuit to revive an interim final rule that would have fast-tracked decisions by Board of Immigration Appeals, says Tara Kennedy at Kennedy Law.

  • 2 'Rocket Dockets' And The Rules That Propel Them

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    The fastest civil trial courts in the country are currently in the Eastern District of Virginia and the Southern District of Florida, and their chief judges provide insights into the court rules that keep them ahead, says Robert Tata at Hunton.

  • Retailer Risk Reduction Tips As Email Marketing Suits Surge

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    Amid a flood of email marketing lawsuits following last year's Washington Supreme Court ruling in Brown v. Old Navy, retailers seeking to avoid high litigation costs can take several steps to reduce risks by focusing on their email subject lines advertising sales, says Gonzalo Mon at Kelley Drye.

  • Why Nuclear Licensees Must Watch 2nd Circ.'s Holtec Review

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    In reviewing a New York federal court's preemption ruling concerning disposal of nuclear materials, the Second Circuit must confront the lower court's recognition of a purpose-based path to field preemption, which could be game-changing for nuclear material licensees, says Andrew Averbach at Womble Bond.

  • Calif. Ruling Lowers Bar For Health Data Breach Claims

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    The California Supreme Court's ruling in J.M. v. Illuminate Education offers protection for non-healthcare companies that maintain health-related data but also adopts a new and more plaintiff-favorable standard for breach of confidentiality that companies maintaining any health-related data should address, say attorneys at Cooley.

  • Florida Atty Fees Ruling Could End Expert Testimony Mandate

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    For over 60 years, Florida appellate courts have required an evidentiary hearing and expert testimony to support the reasonableness of an attorney fee award, but the Florida Sixth District Court of Appeal's recent Ruffenach v. Deutsche Bank National Trust ruling could make substantive changes to this requirement, say attorneys at RumbergerKirk.

  • Texas Ruling Leaves Key Oil Royalty Question Unresolved

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    The Texas Supreme Court's recent decision in Fasken Oil and Ranch v. Puig clarifies that royalty reservations containing “free of cost forever” language do not bar deduction of post-production costs — but it leaves open whether prices producers report to royalty owners should reflect what unaffiliated buyers would pay, says Robert Foss at Hinds Feat Advisors.

  • Justices Widen Path For Confiscated Cuban Property Claims

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    For Americans holding claims to confiscated Cuban property, the U.S. Supreme Court’s recent decision in Havana Docks v. Royal Caribbean Cruises means that the expiration of their property interest is no longer a bar and that any company using such property is now a potential defendant, say attorneys at Bracewell.

  • Your Next Litigation Hold Should Cover AI Chat Logs

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    The Delaware Chancery Court’s recent decision in Fortis Advisors v. Krafton to treat a CEO’s artificial intelligence chats as substantive evidence is being read as a discovery warning to litigators, but there is a second duty-to-preserve lesson that is especially pertinent to in-house counsel, say attorneys at Faegre Drinker.

  • Opinion

    High Court's Abortion Pill Stay Reinforces Appellate Principles

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    The U.S. Supreme Court's recent order in Danco Laboratories v. Louisiana, staying a Fifth Circuit ruling that reinstated an in-person requirement for dispensing the abortion medicine mifepristone, should be seen not as a definitive ruling on reproductive rights, but as an affirmation of a more disciplined jurisdictional reality, says Daniel Nardo at Nardo & Associates.

  • Series

    Studying Foreign Languages Makes Me A Better Lawyer

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    Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

  • 6th Circ. Ruling Highlights Split On Labor Cost Depreciation

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    The Sixth Circuit's recent decision in Schoening Investment v. Cincinnati Casualty throws into relief the fine lines of courts' varying interpretations of whether a commercial property insurer may justifiably depreciate labor costs to determine the actual cash value of damage, says Nabila Rahim at Zelle.

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