Appellate

  • August 11, 2026

    Ga. Justices Call For Balancing Privacy Rights In Herpes Suit

    Georgia's top court ruled Tuesday that the privacy rights of a man accused of giving his ex-girlfriend genital herpes must be balanced against her interest in obtaining medical records to support her claims, resolving what the justices called a novel question.

  • August 11, 2026

    Viks Ask Conn. Justices To End Deutsche Bank's 2nd Lawsuit

    Alexander Vik and his daughter have asked the Connecticut Supreme Court to spare them from a revived Deutsche Bank AG lawsuit that claims they disrupted a Norwegian software company's share sale designed to partially satisfy a $243 million English court judgment, arguing a lower appeals court ruling was flawed.

  • August 11, 2026

    Fed. Circ. Says Floor Importers Forfeited Duty Rate Appeal

    Importers forfeited arguments in an appeal to the U.S. Court of International Trade's ruling that sustained revised antidumping duties on Chinese wood flooring, according to an opinion in favor of the U.S. government published Tuesday.

  • August 11, 2026

    4th Circ. Says Late Notice Bars $5.1M Fatal Crash Coverage

    The Fourth Circuit said an insurer owes no defense or coverage for a $5.1 million default judgment against a truck driver in a wrongful death case, finding the insurer wasn't timely notified of the underlying suit and a federally mandated policy endorsement for motor carriers doesn't extend to the driver.

  • August 11, 2026

    10th Circ. Revives Pizza Driver's Minimum Wage Suit

    A pizza delivery driver who alleged his employer failed to cover his vehicle expenses has won a second chance at his minimum wage claims after the Tenth Circuit ruled Tuesday that the district court made a fundamental error by deciding a merits question under the guise of a standing analysis.

  • August 11, 2026

    Netflix Urges 10th Circ. To Leave 'Tiger King' Ruling Intact

    Netflix Inc. has urged the Tenth Circuit to reject a bid to revisit its ruling that the streaming giant made fair use of a 66-second funeral clip in its "Tiger King" docuseries, arguing the panel faithfully applied U.S. Supreme Court precedent and did not create special fair use protection for documentaries.

  • August 11, 2026

    Ohio Justices Advance Possible Ashville Data Center Vote

    An emergency resolution the village of Ashville passed to support a data center project failed to spell out any actual emergency justification for the measure, the Ohio Supreme Court ruled, clearing a path for a possible voter referendum.

  • August 11, 2026

    Ga. Justices Revive Personal Injury Suit Against City

    Georgia's justices revived a woman's trip-and-fall suit against the city of Savannah on Tuesday, saying an intermediate appellate court misapplied the test for determining whether a property owner is immune from liability under the state's Recreational Property Act and must reconsider the case.

  • August 11, 2026

    Calif. AG, Agency Say Religious Orgs. Can Face Wage Claims

    A legal doctrine that is meant to protect religious organizations' faith-based decision-making from courts does not exempt such organizations from wage and hour laws, the California attorney general and the state labor commissioner's office argued in separate briefs to the California Supreme Court.

  • August 10, 2026

    Spa Fights 9th Circ.'s 'Swinging Dicks' Order At High Court

    The Ninth Circuit's rejection of a spa's religious objections to serving transgender customers is incompatible with several major precedents, according to a U.S. Supreme Court petition filed Monday in litigation that soared in prominence when dozens of circuit judges decried a salacious dissent.

  • August 10, 2026

    Drugmakers Lose 2nd Bid To Appeal Ex-Prosecutor DQ Rebuff

    A former Connecticut prosecutor and his current firm Lowey Dannenberg PC can keep representing insurers Humana Inc. and Molina Healthcare Inc. in an antitrust lawsuit against generic-drug makers, after the judge overseeing the multidistrict litigation rejected a second attempt to appeal her denial of disqualification.

  • August 10, 2026

    9th Circ. Backs Unum Win In Worker's Long-COVID Fight

    The Ninth Circuit on Monday affirmed an insurance company's win in an ex-worker's suit alleging his long-term disability benefits stemming from his bout with long COVID were wrongfully denied, upholding a district court's decision to back the insurer's denial based on the medical evidence. 

  • August 10, 2026

    9th Circ. Won't Revisit Kids' Suit Over Trump's Energy EOs

    The full Ninth Circuit on Monday declined to rehear a group of youths' legal challenge of President Donald Trump's executive orders spurring the use of fossil fuels to meet the country's energy needs.

  • August 10, 2026

    CREXi Can't Stay CoStar Case For Quinn Emanuel DQ Appeal

    A California federal court rejected a bid Monday from Commercial Real Estate Exchange Inc., or CREXi, for a stay in CoStar's copyright case while CREXi looks to undo the disqualification of its attorneys from Quinn Emanuel Urquhart & Sullivan LLP.

  • August 10, 2026

    9th Circ. Backs City Of Tacoma In Pension Liability Rate Fight

    A Ninth Circuit panel sided with the city of Tacoma, Washington, in a pension fund dispute Monday, holding that a lower court correctly upheld an arbitrator's reassessment of the city's liability after it withdrew from the Western Metal Industry Pension Fund following the expiration of underlying collective bargaining agreements.

  • August 10, 2026

    9th Circ. Backs FDA's Denial Of Fruit-, Candy-Flavored Vapes

    The Ninth Circuit on Monday affirmed the U.S. Food and Drug Administration's denial of Drip More LLC's applications to sell candy- and fruit-flavored vapes, saying the company didn't show those flavors provide an additional benefit to adult smokers that justifies the added risks that young people will use the products.

  • August 10, 2026

    6th Circ. Says Police Chief Immune From Hemp Farmer's Suit

    A panel of the Sixth Circuit has ruled that qualified immunity shielded a small-town police chief from civil rights claims lodged by an Ohio man who had dreams of farming hemp, finding the officer had probable cause to search and impound the man's car and arrest him.

  • August 10, 2026

    Michel, Startups Back Injunction Bid In Samsung Patent Case

    Former Chief Federal Circuit Judge Paul Michel, patent law professors and a group of startup companies on Monday backed Collision Communications Inc.'s bid for a permanent injunction on Samsung products found to infringe its patents, saying courts have misread U.S. Supreme Court precedent.

  • August 10, 2026

    9th Circ. Backs Wash. In PacifiCorp Carbon Law Regs Fight

    A divided Ninth Circuit panel declined on Friday to reinstate PacifiCorp's claims that Washington's carbon emissions cap-and-invest program unconstitutionally increases electricity prices for its out-of-state customers, concluding that the power company has not plausibly alleged the targeted regulations discriminate against interstate commerce.

  • August 10, 2026

    Mexico Urges Justices To Take Up $47M Award Suit

    Mexico has asked the U.S. Supreme Court to take another look at the D.C. Circuit's opinion refusing to vacate a $47 million arbitral award issued to a Canadian lender, saying the justices need to establish a uniform standard to determine when a tribunal exceeded its powers.

  • August 10, 2026

    Okla. Co. Says Rig Seizure Claims Don't Need Redo

    An Oklahoma-based oil drilling company urged the U.S. Supreme Court not to disturb a D.C. Circuit ruling ordering Venezuela's state-owned oil company to face long-pending expropriation allegations, saying an underlying circuit split is too narrow to warrant the high court's attention.

  • August 10, 2026

    IBM Defeats Software Co. In Copyright Fight At 2nd Circ.

    A software company failed to persuade the Second Circuit to undo a federal judge's decision allowing IBM to dodge a copyright suit, with the appellate court on Monday agreeing the case was time-barred.

  • August 10, 2026

    Fed. Circ. Backs Axing Of Digital Chart Patents Under Alice

    The Federal Circuit on Monday said a California federal court was right to find that patents covering digital interactive charts are invalid under the U.S. Supreme Court's Alice decision, saying the patents "provide no meaningful limitation to the abstract idea" of creating charts.

  • August 10, 2026

    Ex-Altria Worker Gets Partial 4th Circ. Win In 401(k) Fight

    The Fourth Circuit revived part of an ex-Altria worker's suit claiming the company didn't move quick enough to liquidate his 401(k) assets so he could invest the cash in anticipation of a stock market bump, finding Monday he was improperly denied a contract document for the plan's record keeper.

  • August 10, 2026

    School Board Wins Appeal Over Football Game Fatal Shooting

    A New Jersey appellate court on Monday held that the Pleasantville Board of Education can't be held civilly liable for the death of a 10-year-old boy who was shot at a high school football game, ruling that the boy's estate was unable to demonstrate that the school board acted with deliberate indifference to any foreseeable danger.

Expert Analysis

  • QVC Ch. 11 Confirmation Shows Independent Directors' Value

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    QVC's recently confirmed Chapter 11 plan joins a growing body of restructuring precedent demonstrating that well-functioning independent director frameworks can create the evidentiary and governance foundation necessary to resolve complex intercompany disputes, preserve value and secure judicial approval of contested transactions, say attorneys at Choate.

  • Series

    Being A Sommelier Makes Me A Better Lawyer

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    Being a sommelier has quietly shaped how I practice law by changing the way I think, communicate and connect with people, and offers a constant reminder that expertise is about making your knowledge useful and accessible to others, says Kara Du at Sheppard.

  • MF Doom IP Suit Highlights Hurdles For Trademark Claims

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    A recent lawsuit involving unauthorized merchandise bearing MF Doom's name and likeness is likely a preview of how infringement and counterfeit cases against online marketplaces will be defended going forward, shedding light on how intellectual property counsel can avoid dismissal of their claims, say Purdue Global Law School professor Scott Mortman and Southwestern Law School student Eden Burkow.

  • Calif. Drug Ruling Affirms Defect-Centric Liability Framework

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    The California Supreme Court's decision in Gilead Tenofovir Cases this week rejects a novel duty-to-innovate theory of negligence that could have reshaped product liability exposure well beyond the pharmaceutical industry, instead signaling that negligence claims premised on nondefective products are unlikely to succeed, say attorneys at Dechert.

  • 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.

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