Appellate

  • June 08, 2026

    9th Circ. Judge Faces Inquiry, Charges After Idaho Altercation

    The Ninth Circuit on Monday identified a judicial misconduct complaint against U.S. Circuit Judge Ryan D. Nelson after he was charged with misdemeanor battery stemming from an argument in an Idaho Falls parking lot that ended with him allegedly stomping a man's eyeglasses on the asphalt.

  • June 08, 2026

    AIPLA, NAM Rally Behind Moderna's Fight Over Vax Patents

    The American Intellectual Property Law Association, National Association of Manufacturers and others urged the Federal Circuit to undo a lower court's ruling that Moderna, and not the government, must face a multibillion-dollar patent infringement suit over its COVID-19 vaccine.

  • June 08, 2026

    DC Circ. Backs FERC Rejection Of Grid-Planning Deal

    The Federal Energy Regulatory Commission was allowed to reject a proposal by PJM transmission owners that would've allowed the regional grid operator to make grid-planning decisions without the approval of its members committee over an issue with a single amendment, the D.C. Circuit has said.

  • June 08, 2026

    Spain Says DOJ Downplays Sovereigns' Risks In Awards Feud

    Spain told the U.S. Supreme Court on Monday that the Trump administration's recent brief urging the justices not to disturb a D.C. Circuit opinion greenlighting litigation to enforce more than $400 million in arbitral awards nevertheless "largely confirms" that its sovereign immunity defense deserves a second look.

  • June 08, 2026

    8th Circ. Backs SD Forum For Deadwood Tobacco TM Suit

    Cigar manufacturer Drew Estate and the creator of the Deadwood cigar line must take their trademark infringement suit against a South Dakota retailer to state court, the Eighth Circuit ruled on Monday, saying the dispute arises out of a stock purchase agreement that contains a binding forum selection clause.

  • June 08, 2026

    PNC Beats Suit Over Bank Customer's Investor Fraud

    The Sixth Circuit ruled Monday that investors who gave millions of dollars to a man who lost their money before taking his own life cannot sue PNC or a bank employee, and the court held the plaintiffs improperly added the employee to their case to have it heard in state court.

  • June 08, 2026

    11th Circ. Backs Haitian Man's Removal Over Florida Assault

    The Eleventh Circuit on Monday declined to reopen removal proceedings for a Haitian man who was deported after he was found guilty of aggravated assault, finding that he was eligible for removal because his conviction involved a violent crime. 

  • June 08, 2026

    Mich. Panel Lets Class Suit Against Drainage District Proceed

    Residents in Royal Oak, Michigan, can seek financial restitution from their local drainage district for what the residents claim is almost a decade of overcharges for sewage treatment and disposal, a Michigan state appeals court has affirmed.

  • June 08, 2026

    Trump Asks Justices For Extension In CNN Defamation Appeal

    President Donald Trump intends to ask the U.S. Supreme Court to revive his $475 million defamation lawsuit against CNN over the network calling his claims of fraud in the 2020 presidential election a "Big Lie," according to a recent filing asking the justices for more time to do so. 

  • June 08, 2026

    7th Circ. Says Wis. County Jail Must Face Forced Labor Suit

    The Seventh Circuit revived a lawsuit alleging Kenosha County forced civil immigrant detainees housed at its jail to do unpaid janitorial work or be punished, ruling Friday the forced labor statute doesn't allow local jails to force detainees to work "on pain of solitary confinement" or loss of phone privileges. 

  • June 08, 2026

    Fed. Circ. Panel Backs Invalidation Of OxyContin Patent

    The Federal Circuit on Monday upheld a Delaware federal court's decision that deemed invalid a Purdue Pharma patent covering an abuse-deterrent version of the opioid OxyContin, rebuffing the company's arguments that the lower court got its obviousness analysis wrong.

  • June 08, 2026

    Colo. Justices Bar Retrial After Jury's Partial Acquittal

    In a split 4-2 decision Monday, the Colorado Supreme Court departed from federal precedent, finding that a defendant's double jeopardy protections were violated when a trial court declared a mistrial though a jury "spontaneously and unequivocally" signaled it acquitted a defendant of certain offenses.

  • June 08, 2026

    Ohio Justices Back $29M Duke Energy Gas Rate Increase

    Duke Energy Ohio Inc. can raise natural gas distribution rates to offset roughly $29 million tied to the retirement of man-made underground propane storage caverns used since the late 1950s to supply customers during spikes in demand, the Ohio Supreme Court has ruled.

  • June 08, 2026

    Colo. Justices OK Extra Evidence In Insurer Breach Cases

    The Colorado Supreme Court unanimously ruled Monday that judges evaluating breach of contract claims against insurers are not bound to only allow evidence available to a carrier at the time of an accident, upholding a decision ordering a woman to provide certain documents in her suit seeking uninsured motorist coverage.

  • June 08, 2026

    7th Circ. Denies Spousal Petition Review After Conviction

    An American man convicted of sexually abusing a minor cannot sponsor his wife for a green card, the Seventh Circuit ruled after concluding it lacks the authority to review immigration officials' assessment that he may pose a risk to her.

  • June 08, 2026

    Todd Blanche Officially Nominated To Be AG

    President Donald Trump on Monday officially nominated Todd Blanche to be attorney general.

  • June 08, 2026

    5th Circ. Says Estate's $17M Transfer Was Mainly Tax-Driven

    The Internal Revenue Service properly denied an estate's attempt to reduce the value of assets moved to a partnership, the Fifth Circuit ruled Monday, rejecting arguments that the $17 million transfer was driven by reasons other than a lower estate tax bill.

  • June 08, 2026

    Fed. Circ. Upholds Apple PTAB Win In Voice Recognition Case

    The Federal Circuit on Monday refused to revive claims in a Zentian Ltd. patent related to voice recognition technology, backing a split Patent Trial and Appeal Board decision in favor of Apple.

  • June 08, 2026

    1st Circ. Partially Revives IRobot, Amazon Merger Suit

    The First Circuit has partially revived a shareholder proposed class action accusing iRobot Corp. of misleading investors about expected regulatory opposition that ultimately led to the abandonment of a proposed $1.7 billion merger with Amazon, finding that a modified 2023 proxy statement "omitted important contrary information about European approval."

  • June 08, 2026

    9th Circ. Seems Inclined To Reinstate EEOC Pain Med Suit

    The Ninth Circuit appeared willing Monday to revive a U.S. Equal Employment Opportunity Commission disability bias suit accusing a company of spurning an applicant who took prescribed pain medication, with one judge saying the trial court had a muddled view of the evidence.  

  • June 08, 2026

    Barclays Loses VAT Appeal Over UK Fixed Establishment

    A Barclays entity lacked a fixed establishment in the U.K. because its British branch was "skeletal" when the Delaware-based company applied for value-added tax grouping, a London tribunal ruled Monday.

  • June 08, 2026

    Appeals Court OKs Texas To Enforce Challenged Hemp Rules

    A Texas intermediate appellate court has lifted a stay that had blocked the state from enforcing new rules restricting the sale of certain hemp products.

  • June 08, 2026

    High Court Ruling Won't Back Winery TM Win, 2nd Circ. Says

    The Second Circuit Monday vacated a $1.3 million judgment against a California winery in a trademark dispute brought by an Italian winemaker, rejecting a district judge's order holding that the U.S. Supreme Court's B&B Hardware decision blocked relitigation of a Trademark Trial and Appeal Board ruling.

  • June 08, 2026

    PBGC Backs 'Full Value' Pension Exit Credits At 7th Circ.

    The Pension Benefit Guaranty Corp. urged the Seventh Circuit to reject a Teamsters pension plan's bid to reinstate a $23 million withdrawal liability bill against a concrete company, asking the court to endorse a methodology giving companies full credit for partial plan withdrawals if they later make a complete exit.

  • June 08, 2026

    Georgia Justices To Hear Atty's Claim Of Shady Solicitation

    The Georgia Supreme Court is set to consider a lawsuit filed by a Gainesville personal injury attorney against rivals he accused of stealing clients from other lawyers through dubious solicitation practices.

Expert Analysis

  • 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.

  • 6th Circ. Ruling Broadest So Far In Wave Of Habeas Decisions

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    The Sixth Circuit’s recent opinion in Lopez-Campos v. Raycraft provides the most developed structural reasoning among rulings in a widening circuit split over mandatory detention after undocumented entry into the U.S., and supplies immigration practitioners a template for due process arguments in favor of habeas relief, says Kemal Hepsen at Mandamus Lawyers.

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