Appellate

  • May 20, 2026

    NCAA's Maze Of Eligibility Rules Is Athletes' Latest Target

    A deluge of litigation targeting the NCAA's eligibility bylaws for allegedly limiting athletes' compensation has resulted in conflicting rulings from different courts, teeing up the possibility of a U.S. Supreme Court intervention.

  • May 20, 2026

    Refusing Sandoz Parent Dismissal 'Clear Error,' Court Told

    Sandoz's Swiss parent company wants a Pennsylvania federal judge to rethink her decision forcing it to face generic drug price-fixing claims from major employers like General Motors, arguing the court "conflates" Novartis AG with Sandoz AG, which was spun off in 2023.

  • May 20, 2026

    DC Circ. Orders FCC Response In News Distortion Dispute

    The D.C. Circuit ordered the Federal Communications Commission on Wednesday to respond to a call from several former agency leaders for court action that would compel the FCC into rethinking its controversial policy against "news distortion."

  • May 20, 2026

    Plaintiffs Not To Blame For Monsanto Pesticide Suit Delay

    Three women whose mother died from breast cancer have persuaded a California appeals court to reinstate their wrongful death lawsuit against pesticide maker Monsanto, ruling that the trial judge abused his discretion by dismissing the case when the company suffered no prejudice from the delay in prosecution.

  • May 20, 2026

    Antivax Health Workers Fight Uphill At 9th Circ. Over Firings

    Two Ninth Circuit panelists cast doubt Wednesday on an attempt by a group of former University of Washington employees to revive claims that they were wrongfully fired after they refused COVID-19 vaccination on religious grounds, with one judge remarking that unvaccinated workers "make the risk worse" in a healthcare setting.

  • May 20, 2026

    9th Circ. Tough On HP 401(k) Forfeiture Suit Revival Bid

    The Ninth Circuit appeared reluctant Wednesday to revive a suit alleging that HP Inc. violated federal benefits law by using forfeited 401(k) funds to defray employer-side contribution obligations, with judges questioning whether plan participants backed up allegations that the tech company hadn't been sufficiently loyal or prudent.

  • May 20, 2026

    9th Circ. Questions Jack Daniel's TM Win Over 'Bad Spaniels'

    A Ninth Circuit panel on Wednesday questioned whether Jack Daniel's proved that any mark beyond its name was famous enough to support a tarnishment ruling against VIP Products' poop-themed "Bad Spaniels" dog toy, while pressing both sides on whether courts should compare the parties' marks alone or also consider the toy's bottle-like design and crude humor.

  • May 20, 2026

    FERC Erred Over Utility's Tax Deferral Method, DC Circ. Told

    Wholesale transmission customers of American Electric Power Co. Inc. units told the D.C. Circuit this week that the Federal Energy Regulatory Commission wrongly allowed the utility giant to depart from an established method to allocate carried-forward tax allowances, increasing those customers' rates.

  • May 20, 2026

    Gas Co. Asks Court Review Agency's Allowances Decision

    Colorado Natural Gas Inc. urged a Colorado state judge to review a state agency's decision that the company says improperly expanded a 2023 statute intended to eliminate incentives for establishing gas service.

  • May 20, 2026

    7th Circ. Weighs If Abbott Warning Would Change NEC Care

    A Seventh Circuit judge on Wednesday pushed counsel for a mother asking to revive her lawsuit claiming Abbott Laboratories' infant formula caused her premature daughter to develop a fatal gut disease to address whether the mother had a burden to identify a more adequate warning that would have prompted her baby's treating physicians to act differently.

  • May 20, 2026

    NC Tenants Fight For $9.5M Asset Freeze In Landlord Row

    A class of tenants at a multifamily property in Durham, North Carolina, urged a state appellate court to uphold an order barring their landlord from transferring proceeds from the possible sale of the property out of state, while they litigate a $9.5 million suit over conditions at the property.

  • May 20, 2026

    Ballot Group Backs Ark. In 8th Circ. Gaming Permit Dispute

    A ballot group at the center of a voter referendum that revoked an Arkansas gaming permit for Cherokee Nation Entertainment is backing the state's right to enforce the ballot measure in the Eighth Circuit, arguing that state and Prohibition-era Supreme Court precedent confirms there's no protectable property interest in the license.

  • May 20, 2026

    8th Circ. Asked To Reconsider Video In Murder Appeal

    A man convicted along with his mother of murdering another man on the Cheyenne River Sioux Indian Reservation has asked the Eighth Circuit to rehear his case, arguing that footage of the killing shouldn't have been admitted due to gaps in the recording.

  • May 20, 2026

    Gang 'Type' Crimes Don't Link To Activity, Ga. Justices Say

    The Georgia Supreme Court has vacated a state appellate court ruling against a man convicted under a state gang prevention law, finding that a jury in his case was given an incorrect instruction on a central element of the law and how his conduct could be related to gang activity.

  • May 20, 2026

    Pa. AG Aims To Revive Ban On Medicaid-Paid Abortions

    Pennsylvania Attorney General Dave Sunday plans to fight an appellate panel's ruling that Medicaid-funded abortions are a fundamental right to reproductive autonomy in the state.

  • May 20, 2026

    Immigration Board Says Late Venue Shift Lacked Good Cause

    The Board of Immigration Appeals shifted a case involving Brazilian nationals back to Boston after finding the immigration judge granted a change of venue without proper consideration and should have limited off-the-record discussions.

  • May 20, 2026

    Conn. Justices Let Energy Cos. Challenge $1M Order

    A Connecticut trial court was wrong to dismiss a declaratory judgment claim from a group of electricity suppliers that a state regulator ordered to pay more than $1 million for missing renewable energy targets, the state's highest court held Wednesday in partially restoring the companies' case.

  • May 20, 2026

    2nd Circ. Pick Questioned At Hearing On Role As Trump Lawyer

    Matthew Schwartz, a nominee for the Second Circuit, was questioned by Democratic senators Wednesday about whether his current job as the president's personal attorney while his nomination process is underway poses a conflict of interest.

  • May 20, 2026

    Atlanta Law Firm Beats Attempt To Revive RE Malpractice Suit

    The Georgia Court of Appeals rejected an attempt to revive a malpractice suit filed against an Atlanta-based law firm for allegedly shoddy work on a title search in connection with a real estate property purchase, saying Wednesday the suit came too late.

  • May 20, 2026

    Aerospace Co.'s Bid Revived To Bar Alleged Secrets Use

    The Sixth Circuit has disagreed with a lower judge who declined to issue an injunction against an engineer accused of stealing trade secrets just before he left his old company for a rival, saying the facts "clearly weigh in favor of granting injunctive relief."

  • May 20, 2026

    Georgia Supreme Court Justices Fend Off Challengers

    Georgia Supreme Court Justices Sarah Hawkins Warren and Charlie Bethel persuaded state voters to give them new six-year terms on the state's highest court, withstanding bids to unseat them from former state Sen. Jen Jordan and attorney Miracle Rankin. 

  • May 20, 2026

    Uber Signals Appeal Of NC Bellwether Loss In Assault MDL

    Uber will appeal the verdict in a second bellwether case in which a jury found one of its drivers committed a battery against a North Carolina woman who claimed he sexually assaulted her during a trip in 2019, court records show.

  • May 20, 2026

    Cannabis Co. Founders Challenge Equity Ruling In Del.

    Attorneys for two ousted co-founders of a cannabis accessories startup told the Delaware Supreme Court on Wednesday that a lower court made a legal error when it handed their clients back shares in the company that wrongfully took them, arguing that cash damages, not a return of stock, are the only recognized remedy when corporate shares are converted.

  • May 20, 2026

    Mass. Justices Say Tax Law Not Basis To Block Bog Sale

    A Massachusetts law that lowers property tax rates on agricultural land does not grant standing to abutters seeking to unwind the sale of a Cape Cod cranberry bog to a developer, the state's highest court said Wednesday.

  • May 19, 2026

    VLSI Tells Fed. Circ. To Allow Whistleblower Report After FOIA

    VLSI Technology LLC urged the Federal Circuit Tuesday to unseal at least part of an anonymous whistleblower report that allegedly shows a connection between Intel Corp. and Patent Quality Assurance LLC, now that a copy has become public though the Freedom of Information Act.

Expert Analysis

  • Salt-N-Pepa Suit May Shake Up Music Copyright Issue

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    James v. UMG Recordings is a copyright termination rights case that provides an opportunity for the Second Circuit to make concrete choices about grant language, authorship, work-for-hire status and survival of derivative works, says attorney Abdul Abdullahi.

  • Opinion

    5th Circ.'s Abortion Pill Order Is Shaky On Multiple Grounds

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    The Fifth Circuit's recent order in Louisiana v. U.S. Food and Drug Administration, reinstating an in-person dispensing requirement for the abortion medication mifepristone, seems to turn federalism upside-down, and is also questionable for several other reasons, says Gregory Curtner at Curtner Law.

  • Series

    The Biz Court Digest: Georgia Court Has Business On Its Mind

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    Thanks to recent legislation, the Georgia State-wide Business Court will soon offer business litigants greater access to the court than ever before, further enhancing the court's emphasis on efficiency, predictability and accessibility for sophisticated commercial disputes, says former GSBC judge Walt Davis at Jones Day.

  • 5 Takeaways From Justices' Subpoena Fight Ruling

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    The U.S. Supreme Court's recent decision in First Choice v. Davenport fortifies a line of First Amendment associational privacy cases stretching back nearly 70 years, and ensures that organizations subject to government demands for donor information have a meaningful federal forum in which to defend their constitutional rights, say attorneys at DLA Piper.

  • Where The Preemption Fight Over Prediction Markets Stands

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    While the Third Circuit's recent ruling in Kalshi v. Flaherty remains a significant win for the federal government in its quest to regulate prediction markets, the Fourth, Sixth and Ninth Circuits appear more skeptical, indicating that this fight is likely headed for the Supreme Court, says Johnny ElHachem at Holland & Knight.

  • Md. Justices' State Climate Tort Ban May Shape National Path

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    The Maryland Supreme Court’s recent ruling that federal law preempted state-level deceptive marketing tort claims brought by several municipalities could offer the U.S. Supreme Court a road map to use in the pending Suncor Energy v. Boulder County case to exclude states from the business of regulating global emissions, say attorneys at ArentFox Schiff.

  • 4 Emerging Approaches To AI Protective Order Language

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    Over the last year, at least five federal district courts have issued or analyzed specific protective order provisions restricting the use of generative artificial intelligence platforms with protected materials, establishing that proactive AI-specific provisions are now standard practice and demonstrating that no single model works for every case, says Joel Bush at Kilpatrick.

  • 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.

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