Appellate

  • May 18, 2026

    High Court Remands ND Tribes' Voting Rights Act Fight

    The U.S. Supreme Court remanded and vacated an Eighth Circuit challenge by two North Dakota tribes that looks to overturn a ruling prohibiting lawsuits against states for violating Section 2 of the Voting Rights Act, a decision civil rights groups say could disenfranchise voters in seven states.

  • May 18, 2026

    Justices Deny Loper Bright-Based Challenge To 1-Line Orders

    The U.S. Supreme Court on Monday rejected yet another challenge to the Federal Circuit's use of one-line orders to affirm Patent Trial and Appeal Board decisions, a practice CAO Lighting Inc. argued violates the high court's Loper Bright Enterprises v. Raimondo precedent.

  • May 18, 2026

    Justices Won't Review Denial Of Luxottica Arbitration Push

    The U.S. Supreme Court on Monday turned away eyewear giant Luxottica's bid for review of a Second Circuit decision that allowed certain claims in a proposed benefits class action to proceed in New York federal court rather than in arbitration.

  • May 18, 2026

    Justices Refuse To Review Alice Ax Of $223M USAA Case

    The U.S. Supreme Court on Monday rejected the United Services Automobile Association's appeal of a Federal Circuit decision that wiped out $223 million in judgments it won against PNC Bank and found the mobile check deposit patents at issue invalid for covering only abstract ideas.

  • May 18, 2026

    Justices Turn Down PBGC's Bid To Hear Pension Bailout Suit

    The U.S. Supreme Court refused on Monday to take up the Pension Benefit Guaranty Corp.'s challenge to a Second Circuit decision that said the agency erred by rejecting the union pension fund's application for a $132 million bailout.

  • May 18, 2026

    Supreme Court Won't Revive Car ID Patent Claims

    The U.S. Supreme Court on Monday shot down a vehicle identification system patent owner's challenge to the Federal Circuit's reversal of the Patent Trial and Appeal Board's decision allowing it to amend claims in two patents challenged by rideshare giant Lyft.

  • May 18, 2026

    High Court To Examine Title IX Protections For Coaches, Profs

    The U.S. Supreme Court on Monday agreed to hear a case arguing that Title IX sex discrimination safeguards should be extended to college coaches and professors, tackling a persistent split on the question among circuit courts.

  • May 15, 2026

    Calif. High Court Releases EdTech Co. From Data Breach Suit

    California's top court struck down a proposed class action accusing education technology provider Illuminate of failing to safeguard students' personal and health information, which was exposed in a data breach, finding the plaintiff hadn't sufficiently alleged key elements for his claims under the state's medical confidentiality or data security laws.

  • May 15, 2026

    7th Circ. Eyes Sanctions In 'Are We Dating The Same Guy' Suit

    The Seventh Circuit Friday refused to revive a Chicago-area man's suit over allegedly false reports of his "obnoxious behavior" on an "Are We Dating the Same Guy?" Facebook page, while questioning why he shouldn't be sanctioned for "frivolously appealing" the tossed claims and submitting a brief containing "fictitious" citations.

  • May 15, 2026

    DC Circ. Has Doubts About Standard General's FCC Bias Suit

    The D.C. Circuit did not seem convinced Friday morning that the Federal Communications Commission was part of a racist conspiracy to kill Standard General hedge fund manager Soo Kim's $8.6 billion merger with broadcaster Tegna due to his race.

  • May 15, 2026

    Texas Justices Give Delta-8 THC Cos. More Time To Fight Ban

    The Texas Supreme Court on Friday gave hemp companies more time to pull together a counter-attack against its prior ruling giving the state's health commissioner the power to ban manufactured delta-8 THC goods.

  • May 15, 2026

    Fed. Circ. Drops A Theme Song, Talks Guest Judges

    The Federal Circuit's full lineup came together Friday to provide practitioners with insight about their experience sitting on other courts, in a conference where the chief judge dropped the court's first (and only) single.

  • May 15, 2026

    Med Device Groups 'Overshot' In Fair Use Args, Judge Says

    A judge on a D.C. Circuit panel said a set of industry groups covering the advanced medical device industry might have "overshot" in a challenge to a Library of Congress exemption that said use of copyrighted software for the purpose of repairing those devices fell under fair use, since the groups tried to lump the software that merely operates the machines into the case.

  • May 15, 2026

    Justices Deny Va. Dems' Emergency Redistricting Bid

    The U.S. Supreme Court on Friday rejected Virginia Democrats' request to stay a state high court ruling that invalidated a newly drawn, voter-approved congressional redistricting map. 

  • May 15, 2026

    Pharmacies Stuck With CVS Arbitration Mandate At 9th Circ.

    A Ninth Circuit panel refused Friday to let four independent pharmacies avoid arbitrating their antitrust claims that CVS exploited a Medicare loophole to charge them exorbitant fees, standing by a district court's conclusion that just because parts of the arbitration agreement were unconscionable doesn't negate the entire thing.

  • May 15, 2026

    Ga. Panel Backs Win For Kratom Seller In Wrongful Death Suit

    A Georgia appellate panel affirmed an early win Friday for a kratom distributor whose customer died after ingesting its product, agreeing with a trial court that the company's repackaging of the substance did not make it a manufacturer.

  • May 15, 2026

    Ariz. Justices Clarify Prosecutorial Error Standard

    The Arizona Supreme Court on Friday unanimously ruled that when courts consider claims of prosecutorial error or misconduct, they do not need to consider the prosecutor's intent.

  • May 15, 2026

    4th Circ. Halts Md. Law Banning Electricity Greenwashing

    The Fourth Circuit on Friday halted a Maryland law aimed at preventing electricity companies from falsely marketing their power as environmentally friendly, saying it may be overly broad in a likely violation of the First Amendment.

  • May 15, 2026

    Fed. Circ. Urges Justices To Reject Newman Suspension Case

    The Federal Circuit has urged the U.S. Supreme Court not to hear Judge Pauline Newman's appeal targeting a suspension imposed on her by the court's other judges, arguing that a lower court correctly held that her challenges to the order are not subject to judicial review.

  • May 15, 2026

    Fed. Circ. OKs Decisions Clearing Banks In Patent Cases

    The Federal Circuit on Friday backed lower court decisions that cleared a pair of banks of allegations that they infringed an online banking patent, but threw out a nearly $85,000 sanctions order against the patent owner and its counsel.

  • May 15, 2026

    6th Circ. OKs Immunity In Louisville, Ky., Traffic Stop Shooting

    The Sixth Circuit has ruled that a Louisville Metropolitan Police Department officer is shielded by qualified immunity from a civil rights lawsuit filed against the officer after he shot and killed an armed-robbery suspect who had driven his car into police during a traffic stop.

  • May 15, 2026

    US Backs Pause On Tatneft Discovery Over Ukraine Risks

    The Trump administration seeks to keep a nearly decade-old case filed by one of Russia's largest oil companies to enforce a $173 million arbitral award against Ukraine on ice until hostilities in the region have ended, saying Kyiv has "credibly asserted" that its national security is at risk.

  • May 15, 2026

    DC Circ. Hears Russia's Bid To Block $5B Yukos Award

    The Russian Federation's constitution and statutes make clear that Vladimir Putin's administration and Yukos Oil Co.'s financing arm didn't have a valid agreement to arbitrate a dispute that resulted in a nearly $5 billion arbitral award against the country, Russia told the D.C. Circuit Friday.

  • May 15, 2026

    Colo. Governor Reduces Ex-Election Clerk's Sentence

    Colorado Gov. Jared Polis on Friday commuted the nine-year prison sentence of former Mesa County clerk and recorder Tina Peters to over four years for an election-related scheme in which she baselessly asserted the 2020 presidential election was stolen and assisted with the unlawful access to election equipment.

  • May 15, 2026

    2nd Circ. Judge Flags 'Weird' Objection To $147.5M Deal

    A Second Circuit panelist said Friday that an argument advanced by a group of objectors to a $147.5 million cost-of-insurance settlement is "weird," noting that its logic depends on securing an even better outcome in separate litigation.

Expert Analysis

  • What Justices Are Focusing On In 'Skinny Label' Patent Case

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    Though Hikma v. Amarin appears to be a patent dispute that could reshape inducement doctrine in the pharmaceutical context, oral argument suggests the U.S. Supreme Court may treat this as primarily a pleading-stage dispute, with important unresolved questions lurking beneath the surface, says Shashank Upadhye at Upadhye Tang.

  • Employer Tips After 4th Circ. Rejects Trimmed Suit Deadlines

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    The Fourth Circuit's recent holding in Thomas v. EOTech that employers cannot use contractual provisions to shorten statutory filing periods for Title VII or Age Discrimination in Employment Act claims offers a warning for employers to review any such documents and reassess their litigation risk, say attorneys at Ogletree.

  • Binance Win Shows Constraints On Anti-Terrorism Act Claims

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    The Southern District of New York's recent ruling in Troell v. Binance illustrates that the Second Circuit's earlier decision in Ashley v. Deutsche Bank is holding weight with courts, and companies facing aiding and abetting risk should thus monitor evolving case law and assess exposure based on nexus allegations, say attorneys at Freshfields.

  • Understanding The Insider Trading Gap In Prediction Markets

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    While the first-ever insider trading indictment involving a prediction market — the recent prosecution of a service member involved in the capture of Nicolás Maduro — comprised extreme facts and straightforward legal theories, future cases will test the bounds of insider trading law, say attorneys at Baker McKenzie.

  • Heppner Ruling Left AI Privilege Risk For Lawyers Unresolved

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    While a New York federal judge’s recent ruling in U.S. v. Heppner resolved a privilege question surrounding client-side artificial intelligence use, it did not address how to mitigate the risks that can arise when confidential information enters the operative context of an AI system used by an attorney, says Jianfei Chen at Quarles & Brady​​​​​​​.

  • How 10 Years Of Case Law Have Shaped The DTSA

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    As the Defend Trade Secrets Act reaches its 10th anniversary, attorneys at Ropes & Gray examine recent DTSA case law and highlight key takeaways regarding pleading requirements, damages and risk factors.

  • The Ethics And Practicalities Of Representing AI Agents

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    With autonomous artificial intelligence agents now able to take action without explicit instructions from — or the awareness of — their human owners, the bar must confront whether existing frameworks like informed consent and client privilege will be sufficient on the day an AI agent calls seeking counsel, say attorneys at Morrison Cohen.

  • Notable Q1 Updates In Insurance Class Actions

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    Notable insurance class action decisions from the first quarter of the year included reminders about the statute of limitations as a key defense for claims relating to allegedly deficient forms, the importance of focus on the specific contract at issue and further guidance on the contours of Rule 23, says Kevin Zimmerman at BakerHostetler.

  • 9th Circ.'s Silence Prolongs Uncertainty On Cemex Framework

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    By affirming a bargaining order in Cemex Construction Materials v. National Labor Relations Board without opining on the NLRB’s 2023 expansion of its authority to issue such orders, the Ninth Circuit avoided direct conflict with the Sixth Circuit’s rejection of the same framework, prolonging uncertainty for employers facing union elections, say attorneys at Dinsmore & Shohl.

  • Arguments Show Justices Vacillating On Geofence Warrants

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    Questions and statements by the justices during recent oral arguments in Chatrie v. U.S., probing the Fourth Amendment limits of geofence warrants, revealed a Supreme Court that is skeptical of the government’s most sweeping claims, uncomfortable with the petitioner’s broadest theories and searching for a narrow off-ramp, say attorneys at Rogers Joseph.

  • Surveying The CFTC Campaign To Control Prediction Markets

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    The U.S. Commodity Futures Trading Commission is simultaneously asserting exclusive jurisdiction over prediction markets and signaling aggressive enforcement within them, a combination that will reshape the regulatory landscape for event contract platforms — pending the outcome of several court cases throughout the country and a likely circuit split, say attorneys at Paul Weiss.

  • Series

    Speed Jigsaw Puzzling Makes Me A Better Lawyer

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    My passion for speed puzzling — I can complete a 500-piece jigsaw puzzle in under 50 minutes — has sharpened my legal skills in more ways than one, with both disciplines requiring patience, precision and the ability to keep the bigger picture in mind while working through the details, says Tazia Statucki at Proskauer.

  • Documenting Business Purpose After IRS' 10th Circ. Win

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    Following the Tenth Circuit’s recent Liberty Global v. U.S. decision, which held the economic substance doctrine does not require a threshold relevancy determination, taxpayers can prepare for potential audits by maintaining contemporaneous documentation and taking other steps that demonstrate the business purpose of transactions, say attorneys at Crowell & Moring.

  • Why White Collar Juries Resist 'Honest Mistake' Defenses

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    Cases like the bribery conviction of a Cincinnati City Council member recently vacated by the U.S. Supreme Court show juries often reject “I made an honest mistake” as a white collar defense, but attorneys who understand why jurors convict defendants who made reasonable but flawed decisions can strategize around this, says Jonathan Porter at Husch Blackwell.

  • High Court's Cox Ruling Leaves ISP Copyright Rules Intact

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    Though some commentators predicted a cataclysmic impact from the U.S. Supreme Court's recent decision in Cox v. Sony, in actuality the decision correctly maintains the status quo for internet providers' copyright infringement liability, says Courtney Sarnow at CM Law.

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