Appellate

  • June 11, 2026

    Moderna Says New COVID Vax Doesn't Infringe BioNTech IP

    Moderna has pushed back at BioNTech's patent infringement lawsuit accusing its newer COVID-19 vaccine of exploiting BioNTech's own technology, saying that it never infringed and that the patent was invalid to begin with.

  • June 11, 2026

    7th Circ. Rejects Firms' Bid for More Flea Collar MDL Fees

    The Seventh Circuit on Wednesday affirmed an Illinois federal court's refusal to order a redistribution of attorney fees from a $15 million settlement resolving multidistrict litigation against Bayer and other manufacturers of Seresto flea and tick collars, saying two law firms arguing they were cut out of their fair share failed to timely challenge the fee-allocation process.

  • June 11, 2026

    3rd Circ. Asks How Legal Tech AI Tool Differed From Westlaw

    A Third Circuit panel grilled ROSS Intelligence's attorney Thursday over whether the defunct legal tech startup's use of Westlaw headnotes to train an artificial intelligence-powered legal research tool was truly transformative, repeatedly asking counsel to explain how the product differed from Westlaw.

  • June 11, 2026

    BofA Prevails In Authentication Patent Case At Fed. Circ.

    A user authentication patent owner that sued Bank of America for infringement lost its challenge to how a Texas federal court interpreted a key patent term, after the Federal Circuit on Thursday backed the lower court's claim construction.

  • June 11, 2026

    Fla. Court Says State Can't Litigate Tribal Ordinance Violations

    A man who was found guilty of disorderly intoxication after being arrested at the Miccosukee Casino and Resort on the Miccosukee Indian Reservation had his conviction and sentence reversed after a Florida appeals court found the state lacked jurisdiction to prosecute him for violating a local ordinance on tribal land.

  • June 11, 2026

    Trump Admin Appeals Ruling Striking Down $100K Visa Fee

    The Trump administration said Thursday it is appealing a judge's finding that President Donald Trump's $100,000 H-1B visa fee is an unlawful tax.

  • June 11, 2026

    7th Circ. Affirms Grunt Style's $739K Army Motto TM Award

    The Seventh Circuit has upheld a jury verdict that awarded Chicago T-shirt company Grunt Style LLC $739,000 against another company for infringing its trademark of the U.S. Army slogan "This We'll Defend," saying that when it comes down to it, the case is about which company started using the mark first.

  • June 11, 2026

    Trial Lawyers For Justice Starts Supreme Court Group In DC

    Trial Lawyers for Justice, a national law firm that represents families and victims of catastrophic injuries, medical malpractice clients and others, has hired two lawyers in Washington, D.C., to launch a practice focused on U.S. Supreme Court and appellate work, the firm announced Wednesday.

  • June 11, 2026

    11th Circ. Won't Revisit Delta Pilots' Military Bias Suit

    The Eleventh Circuit declined to rethink the dismissal of a suit alleging Delta forced out two pilots because they took military leave, leaving in place a panel's conclusion that they resigned over investigations into whether they misused their sick leave.

  • June 11, 2026

    Fed. Circ. Changes Process For Some Full-Panel Reviews

    The Federal Circuit now requires the authoring judge to notify all panel members about nonprocedural motions, including motions for extensions of time and withdrawal of counsel, according to internal documents.

  • June 11, 2026

    Justices Reject Feds' Venue Theory In Twitter Spying Case

    The U.S. Supreme Court ruled Thursday that a former Twitter employee convicted of spying on behalf of Saudi Arabia must be prosecuted in Washington state, where he sent false documents to federal agents, and not in California, where the agents who investigated him are based.

  • June 11, 2026

    Justices Reject 5th Circ. Estoppel Ruling In Ch. 13 Case

    The U.S. Supreme Court on Thursday vacated and remanded a Fifth Circuit ruling that let judicial estoppel bar a Chapter 13 debtor from pursuing tort litigation after he failed to disclose the claim to a bankruptcy court, deciding that the circuit court did not consider the totality of the facts and circumstances of the case.

  • June 11, 2026

    Justices Curb Private Lawsuits Against Investment Funds

    The U.S. Supreme Court on Thursday said that private parties do not have the right to void contracts that allegedly violate the Investment Company Act absent some other legal dispute, issuing a ruling that limits the types of lawsuits that can be brought under the ICA.

  • June 10, 2026

    Royal Caribbean Says Stay Bars Voyeur Suits' Consolidation

    Royal Caribbean urged a Florida federal judge to reject a recommendation to combine 11 lawsuits alleging a former crew member planted hidden cameras in passengers' staterooms, arguing that a stay in a similar proposed class action bars consolidation until the Eleventh Circuit rules on whether claims can be arbitrated. 

  • June 10, 2026

    Variety Makes Offer It Says Panel Can't Refuse In Coppola Suit

    An attorney for entertainment trade publication Variety urged a California appellate panel Wednesday to end Francis Ford Coppola's libel suit over a story suggesting he sexually harassed actresses on the set of his "Megalopolis" movie, saying a trial judge erred when he declined to toss the suit on First Amendment grounds.

  • June 10, 2026

    Estate Says E-Filing Glitch Wrongly Doomed Med Mal Suit

    A Michigan appeals court was urged Wednesday to revive a medical malpractice suit that involves the state's Pandemic Healthcare Immunity Act by counsel for a deceased woman's estate who argued a clerical error kept them from receiving motions for summary judgment in the trial court until it was too late to respond.

  • June 10, 2026

    Fla. Panel Says Policy Breach Verdict Didn't Bar Bad Faith Suit

    A Florida appellate panel on Wednesday revived a restaurant owner's claims that its insurer acted in bad faith in not resolving a claim over losses from a roof collapse before the contract dispute went to trial, finding the extra-contractual damages the company sought had not yet been litigated.

  • June 10, 2026

    Doctor's Sex Conviction Reversed Over Undisclosed Notes

    A doctor convicted of sexually abusing his patient and other crimes is entitled to a new trial, a New York state appeals court said Wednesday, finding the state failed to disclose social work notes in a timely fashion, which substantially prejudiced the doctor's case.

  • June 10, 2026

    Denver Asks Justices To Stay $14M Protest Policing Judgment

    The city of Denver and one of its police officers urged the U.S. Supreme Court to recall and stay a Tenth Circuit ruling that upheld a $14 million jury verdict finding Denver liable for officers' unconstitutional force against protesters during the 2020 Black Lives Matter protests in the city.

  • June 10, 2026

    Cop Urges Justices To Strike Down Burden-Shifting Precedent

    A Black police officer asked the U.S. Supreme Court to take up his case alleging he was fired out of race bias, claiming the Sixth Circuit was too quick to accept the argument that rap videos he posted online were the reason for his termination.

  • June 10, 2026

    Judge Says Ala. Can't Use Nitrogen To Execute Man

    The state of Alabama can't execute an incarcerated man using nitrogen hypoxia, a federal judge has ruled, finding the method violates the man's constitutional rights because a firing squad can be used instead.

  • June 10, 2026

    No Arbitration In Yacht Broker Fee Case, 11th Circ. Affirms

    An Eleventh Circuit panel affirmed a lower court ruling Wednesday, refusing a yacht listing service's bid to force arbitration in a case over an alleged conspiracy to inflate the fees brokers collect for the sale of preowned yachts.

  • June 10, 2026

    9th Circ. Seems Skeptical Of Religious Coach's Vax Suit

    The Ninth Circuit appeared reluctant Wednesday to revive a suit from a former Washington State University head football coach who alleged he was fired after being denied a religious exemption to a mandatory COVID-19 vaccination policy, with one judge saying the coach is engaged in an "uphill" battle.

  • June 10, 2026

    NJ High Court Says Nonprofit Hospital Gets Limited Immunity

    The New Jersey Supreme Court unanimously concluded Wednesday that a nonprofit federally qualified health center isn't immune from a patient's negligence suit under a statute shielding nonprofits organized "exclusively" for charitable or educational purposes, reversing a lower court's finding to the contrary.

  • June 10, 2026

    Pa. Panel Revives AT&T's Arbitration Bid In Worker's Suit

    In a precedential opinion Tuesday, the Pennsylvania Superior Court held that AT&T and its retailer Prime Communications' request to compel arbitration in an employment dispute should not have been overruled outright, saying that questions remained about whether the employee clicking an electronic box constituted signing an arbitration agreement.

Expert Analysis

  • How End Of SEC 'Gag Rule' Affects Free Speech Certiorari Bid

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    The Securities and Exchange Commission's recent rescission of the so-called gag rule, which forbade defendants in settlements from denying the SEC’s allegations, may sway the outcome of a petition to the Supreme Court in a case challenging the rule on First Amendment grounds, say attorneys at Troutman.

  • 2nd Circ.'s Embedded Video Ruling May Protect Publishers

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    The Second Circuit's recent decision in Richardson v. Townsquare, dismissing an infringement claim arising from an embedding of a YouTube-hosted interview, reaffirms a potent defense for publishers who regularly use social media platforms' embed functionality, says Amanda Harris at Jassy Vick.

  • Federal Officer Removal After Justices' La. Pollution Ruling

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    In the wake of the U.S. Supreme Court's recent ruling in Chevron USA v. Plaquemines Parish, companies seeking to use federal officer removal to move litigation out of state court should ask three questions, focusing on government contract language, federally directed activity and related conduct, say attorneys at Hollingsworth.

  • Series

    Competing At Poker Makes Me A Better Lawyer

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    Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

  • Revisiting TransUnion's Underused Standing Rule, 5 Years On

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    The Ninth Circuit Court of Appeals' recent use of the U.S. Supreme Court’s now five-year-old TransUnion v. Ramirez rule specifying that the "mere risk of future harm" isn't concrete enough to support a damages claim presents an opportunity to revisit this underutilized standing rule, say attorneys at Horvitz & Levy.

  • 5 Things Associates Must Ask About Their Firm's Merger Plan

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    The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

  • Uncertainty Looms After Justices' Withdrawal Liability Ruling

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    The U.S. Supreme Court's recent holding in M&K Employee Solutions v. Trustees of the IAM National Pension Fund increases the unpredictability of withdrawal liability assessments, so employers should prepare for a range of assessments and be equipped to challenge unreasonable ones, say attorneys at Winston Taylor.

  • 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.

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