Appellate

  • August 10, 2026

    Mass. Court Says Insurer Must Defend Doctor In Stalking Case

    Massachusetts' highest court has ruled that an insurance company must defend a doctor in disciplinary proceedings for allegedly stalking and harassing a patient to whom he prescribed an addictive medication for several years.

  • August 10, 2026

    NJ Justices Rule No Purpose Needed In Takings Ordinances

    The New Jersey Supreme Court on Monday held that municipalities do not need to state the public purpose for which private property is being taken within the measure authorizing condemnation, backing a lower court's finding that a borough properly used eminent domain to take over a 50-room motel where it plans to provide parking and electric vehicle charging.

  • August 10, 2026

    3rd Circ. Shuts Down Driver's CBS, Teamsters Retaliation Suit

    The Third Circuit declined Monday to reinstate a driver's suit claiming he was blocked from working on CBS film sets out of age bias and for complaining that Teamsters leaders were handing jobs to their friends, ruling that his case fell apart because the union didn't make hiring decisions.

  • August 10, 2026

    Biz Owners Appeal Morgan Lewis Win In Tax Shelter Suit

    A pair of business owners asked the Florida Supreme Court to reverse a decision affirming judgment in favor of Morgan Lewis & Bockius LLP in a dispute over whether the law firm had routed income through illegal tax shelters.

  • August 10, 2026

    ND Says High Court Ruling Sinks Tribes' VRA Claims

    North Dakota Secretary of State Michael Howe is asking for a judgment on the pleadings on two tribal nations' challenge to the state's 2021 legislative map following a U.S. Supreme Court ruling regarding Section 2 of the Voting Rights Act, saying it's "manifestly obvious" that there's no longer a viable claim.

  • August 10, 2026

    Electrolux Seeks DC Circ. Review Of IAM Pension's $32M Win

    Appliance manufacturer Electrolux is turning to the D.C. Circuit to challenge a $32 million arbitration award in favor of an International Association of Machinists pension fund after a trial court upheld the award last month over the company's objections.

  • August 07, 2026

    Senate Confirms Todd Blanche To Be AG

    The U.S. Senate voted 50-49 in the early hours of Saturday to confirm acting Attorney General Todd Blanche to the permanent position.

  • August 07, 2026

    1st Circ. Agrees Feds Can't Block Climate, Infrastructure Funds

    The First Circuit on Friday endorsed a Rhode Island federal court's decision requiring the Trump administration to unfreeze congressionally approved funding for infrastructure, agriculture, climate and other initiatives, saying conservation nonprofits are likely to succeed on their claim that the funding cuts were unlawful.

  • August 07, 2026

    7th Circ. Upholds Samsung Win In Biometric Privacy Suit

    The Seventh Circuit on Friday declined to disturb a lower court's dismissal of a proposed biometric privacy class action from Samsung phone and tablet users, ruling the users hadn't plausibly alleged that Samsung has their data.

  • August 07, 2026

    3rd Circ. Says Pharma Co. Suit Against Merck Belongs In India

    The Third Circuit has ruled that a dispute between Merck and a defunct Indian pharmaceutical company over a terminated relationship belongs in India.

  • August 07, 2026

    Trump Needs Congress' OK To Build Ballroom, DC Circ. Says

    A split D.C. Circuit on Friday backed a district judge's block on President Donald Trump's construction of a new White House ballroom, saying Congress had not "ceded unfettered authority to the executive branch to dramatically redesign, reshape and reconstruct the White House — the People's House — to fit a particular president's desires."

  • August 07, 2026

    FCC Demanded Fine In Misleading Way, AT&T Tells 5th Circ.

    AT&T is hoping to convince the Fifth Circuit to help it get back the $57 million it paid the Federal Communications Commission for selling off people's location data, despite a U.S. Supreme Court ruling that the agency had the right to issue the fine, by arguing it was tricked into paying.

  • August 07, 2026

    Judge Says Park Signage Suit Will Continue During Appeal

    A Massachusetts judge won't pause a district court's deadlines pending the outcome of a First Circuit appeal in a dispute over a decision to remove information about climate change, slavery and Indigenous history from National Park Service sites, saying the harm to the plaintiffs outweighs any harm to the defendants.

  • August 07, 2026

    Kalshi Wants Utah Gambling Law Blocked Pending Appeal

    Kalshi has urged a federal judge to issue an injunction barring Utah from enforcing its anti-gambling laws against the company's prediction markets while it appeals a ruling holding the state could do so.

  • August 07, 2026

    Texas Docs Can't Exit Patient's Hernia Surgery Death Suit

    A Texas appellate court has refused to toss a suit accusing two doctors of causing a hernia surgery patient's death, finding that the plaintiff submitted an expert report that met the "low threshold" required under the state's medical malpractice statute.

  • August 07, 2026

    Del. High Court Won't Toss Newsom Defamation Suit

    The Delaware Supreme Court has denied Fox News' call for a mid-case review of an April ruling that allowed California Gov. Gavin Newsom's $787 million defamation suit to proceed.

  • August 07, 2026

    Hyatt Says No Rehearing Needed In $300M Rewards Tax Fight

    The Seventh Circuit doesn't need to reconsider its decision to remand a dispute over the taxability of $300 million in funds from Hyatt Hotels' loyalty rewards program to the U.S. Tax Court, the hospitality giant told the court.

  • August 07, 2026

    J&J Fax Sent To Pharmacy An Unwanted Ad, 3rd Circ. Says

    In a precedential opinion Friday, the Third Circuit ruled a two-page fax Johnson & Johnson sent to a Florida pharmacy about its drug Xarelto was an unsolicited advertisement, reversing a lower court's finding and reviving a class claim filed by the pharmacy alleging the drugmaker violated the Telephone Consumer Protection Act.

  • August 07, 2026

    Mich. Estate Can Seek Damages For Lost Caregiving Services

    The estate of a woman who died after allegedly suffering complications from improperly managed blood-thinner treatment may seek damages for the household and caregiving services she would have provided to her husband, a Michigan appellate panel ruled Thursday.

  • August 07, 2026

    Immigrant Groups Seek 1st Circ. Stay On TPS Work Limits

    A coalition of immigration advocacy groups, a union and its affiliate asked the First Circuit to step in after a Massachusetts federal judge declined to freeze a one-year work authorization cap for those with temporary protected status, arguing that its members will suffer irreparable harm without immediate relief.

  • August 07, 2026

    Trump Renews Bid To Oust Fed's Cook Over Mortgage Claims

    The White House has notified Federal Reserve Gov. Lisa Cook that President Donald Trump is "considering" moving again to oust her from the central bank, setting up another potential legal battle after the U.S. Supreme Court blocked her removal in June.

  • August 07, 2026

    NY Court Says Town's Cannabis Zoning Rule Preempted

    A New York intermediate appellate court has found that the state's marijuana law preempts localities from enforcing more stringent location policies for marijuana stores than what is found in state law.

  • August 07, 2026

    Conn. $226K Atty Fund Seizure Holds Up At Appeals Court

    A Connecticut appeals court held Friday that an attorney who successfully challenged his 90-day suspension was not entitled to dismissal of a related order forfeiting the contents of his trust account, leaving the dispute ready for the Connecticut Supreme Court to weigh in again.

  • August 07, 2026

    CoStar Fights CREXi Bid To Stay Suit Over Quinn Emanuel DQ

    CoStar is urging a California federal court to reject a bid by Commercial Real Estate Exchange Inc., or CREXi, to pause a copyright suit while CREXi asks the Ninth Circuit to undo the disqualification of its Quinn Emanuel Urquhart & Sullivan LLP attorneys, arguing the stay request is "unsupported by law."

  • August 07, 2026

    Fla. Justices Say They Can't Force Gov.'s Judge Picks

    The Florida Supreme Court on Friday ruled that a former state appellate judge's petition to appoint a successor is moot because the vacancy was filled while the case was pending, adding that only the governor has the power to pick replacements. 

Expert Analysis

  • Navigating Court Divergence On Method Claims And Venue

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    After the U.S. Supreme Court's recent Hikma v. Amarin decision putting a spotlight on the pleading standard for inducement, patent litigants must adapt to courts' differing approaches to how separate method steps affect the determination of patent venue validity, say attorneys at Weil.

  • AI, Prediction Markets Lead Securities Developments In 2026

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    Securities class actions tied to artificial intelligence and the battle over prediction market regulation both raise novel questions that courts are only beginning to address and that will continue to resonate throughout the second half of the year, say attorneys at Skadden.

  • Where Is The Line On Actionable Comms In Securities Cases?

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    Recent securities cases demonstrate the difficulty in discerning a clear difference between statements made in connection with the purchase or sale of securities and those that aren't, with that line more likely attributable to individualized factual situations than to any doctrinal differences of opinion between various courts, says Samuel Groner at Fried Frank.

  • NJ Supreme Court Ruling Exposes D&O Gaps For PE Boards

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    The New Jersey Supreme Court's recent decision in Mist Pharmaceuticals v. Berkley Insurance, barring directors and officers coverage, serves as a cautionary tale for private equity executives serving in overlapping roles at sponsor and portfolio companies, say attorneys at Reed Smith.

  • Post-Ismael Bias Cases Reinforce Familiar Employer Lessons

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    Despite the Eleventh Circuit's 2025 decision in Ismael v. Roundtree sparking concern that summary judgment could become more difficult for employers in discrimination and retaliation cases, courts continue to examine whether the employer's explanation, decision-making process and contemporaneous record tell a consistent story, say attorneys at Krevolin Horst.

  • Fed. Circ. In June: When Courts Can't Correct Patent Errors

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    The Federal Circuit's recent decision in Enanta v. Pfizer explores and clarifies the limits of what can be corrected in a patent application, even if the error is obvious, say attorneys at Knobbe Martens.

  • Challenging Detention After 5th Circ. Ends Bond Clocks

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    After the vacatur of the Fifth Circuit’s holding that the U.S. Constitution requires bond hearings for detained noncriminal noncitizens, practitioners should go back to filing habeas petitions, pending the court's en banc rehearing, says Kemal Hepsen at Mandamus Lawyers.

  • 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.

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