Appellate

  • April 29, 2026

    New Emails Can't Revive Adidas TM Suit, 2nd Circ. Affirms

    Attorneys for the luxury fashion brand Thom Browne Inc. did not commit misconduct when they failed to turn over four emails to Adidas during a trademark dispute, and because the documents "probably" would not have changed the verdict, the case will not be restored, the Second Circuit ruled Wednesday.

  • April 29, 2026

    11th Circ. Won't Revive Ex-Insurance Worker's Bias Suit

    The Eleventh Circuit on Wednesday backed a subrogation services provider's win over a former saleswoman's suit claiming she was fired because she was 69 and had lingering COVID-19 symptoms, finding no issue with a trial court's decision to toss the case.

  • April 29, 2026

    Fla. Judge DQ'd In Trump Library Suit Over Courtroom Hug

    A Florida state appellate panel disqualified a trial judge overseeing a suit accusing a Miami college of transferring land for a President Donald Trump library without proper notice, agreeing Wednesday that the judge's thanking and hugging the man who brought the suit was improper.

  • April 29, 2026

    6th Circ. Skeptical Of Immunity Denial In Teen Suicide Suit

    A panel of the Sixth Circuit heard arguments Wednesday from a school resource officer and a high school principal seeking to overturn a district court's refusal to grant them qualified immunity from a lawsuit alleging their threats of expulsion and possible prosecution during a disciplinary meeting contributed to a 14-year-old Michigan student's suicide hours later. 

  • April 29, 2026

    3 Federal Circuit Clashes To Watch In May

    The Federal Circuit's May argument slate includes appeals of invalidity decisions and sanctions tied to VLSI Technology's multibillion-dollar chip patent dispute with Intel, as well as Amazon's challenge to a cloud storage patent verdict against it for over half a billion dollars.

  • April 29, 2026

    5th Circ. Unsure If Exxon Can Be Subpoenaed In French Suit

    The Fifth Circuit seemed skeptical Wednesday of keeping in play a French company's request to subpoena Exxon Mobil Corp. for records to use in a derivative suit over alleged mismanagement at a former Exxon affiliate, suggesting the judge who denied the subpoena explained why they did so.

  • April 29, 2026

    9th Circ. Reverses Stay In App Store Commissions Case

    The Ninth Circuit has reversed its own order that stayed a ruling on an injunction barring Apple from charging developers high commissions on in-app purchases until a district court judge sets up narrower guardrails, saying Epic Games had persuaded it that Apple was unlikely to get the U.S. Supreme Court to hear its appeal.

  • April 29, 2026

    Fulton Co. Launches Challenge To Election Case Fee Ruling

    The Fulton County District Attorney's Office formally notified a Georgia trial court Wednesday that it is appealing a ruling that blocked the office from intervening in an attempt by President Donald Trump and others to recoup nearly $16 million in legal fees in a dismissed election interference case.

  • April 29, 2026

    Fed. Circ. Revives 183% Duties For Chinese Plywood

    The U.S. Department of Commerce correctly applied an over 183% antidumping duty margin on Chinese producers of hardwood plywood, a Federal Circuit panel ruled Wednesday, reversing U.S. International Trade Court orders that resulted in a zeroing out of the duty rate.

  • April 29, 2026

    Nadine Menendez Denied Bail During Bribery Conviction Appeal

    A New York federal judge on Wednesday denied a bid from Nadine Menendez for bail while she appeals her conviction on a bribery scheme carried out with her ex-senator husband, ruling that her motion doesn't raise a substantial question of law.

  • April 29, 2026

    Fed. Circ. Upholds Alice Ax Of Vehicle Monitoring Patent

    The Federal Circuit on Wednesday refused to revive a lawsuit accusing a Texas gas chemical supplier of infringing a patent on monitoring vehicles for unauthorized use, agreeing with a lower court's finding that the patent was invalid under the U.S. Supreme Court's Alice standard.

  • April 29, 2026

    2nd Circ. Stands By $83M Carroll Verdict As Full Court Splits

    In a splintered ruling Wednesday, the full Second Circuit refused to rehear President Donald Trump's appeal challenging an $83.3 million verdict for defaming writer E. Jean Carroll in his response to her sexual abuse allegations.

  • April 29, 2026

    3rd Circ. Upholds Trooper Immunity For Arrest After Shooting

    A man acquitted of homicide and other charges for killing another man in a bar fight cannot continue his case against a Pennsylvania state trooper who he said violated his rights by arresting him and filing an affidavit in support of bringing charges despite knowing the suspect acted in self-defense, a Third Circuit panel has determined.

  • April 29, 2026

    5th Circ. Will Rehear Aetna Arbitration Bid In Aramark Suit

    The full Fifth Circuit will reconsider insurance company Aetna's bid to force uniform and food services company Aramark to arbitrate its dispute over employee health benefit claims, staying a panel's ruling from December that had kept proceedings in court.

  • April 29, 2026

    NJ Panel Puts Bad Faith Claims On Hold In UIM Coverage Row

    A New Jersey state appeals court on Wednesday ruled that auto insurers are generally entitled to halt discovery on bad faith claims, including those brought under the state's Insurance Fair Conduct Act, until underlying uninsured or underinsured motorist disputes are resolved.

  • April 29, 2026

    Del. High Court Affirms Dismissal Of FTX Claim Deal Suit

    The Delaware Supreme Court has upheld a lower court's dismissal of a dispute over a failed attempt to purchase a multimillion-dollar claim tied to the collapse of onetime crypto giant FTX Trading Ltd., affirming that the case does not belong in Delaware courts.

  • April 29, 2026

    Cisco Keeps Win In Cybersecurity Patent Fight At Fed. Circ.

    The Federal Circuit on Wednesday said it won't revive Centripetal Networks' case alleging Cisco infringed a trio of its cybersecurity patents, backing a Virginia federal judge's finding that Cisco's products didn't meet all the elements of the patent claims.

  • April 29, 2026

    Justices Limit Voting Rights Act Suits While Voiding La. Map

    The U.S. Supreme Court struck down Louisiana's congressional map containing two majority-Black voting districts Wednesday and further limited the Voting Rights Act's use in challenging racial discrimination in legislative redistricting — a decision the dissent claims completes the conservative majority's "demolition" of the seminal civil rights law.

  • April 29, 2026

    Justices Rule NJ Info Demand Chilled Anti-Abortion Speech

    The U.S. Supreme Court on Wednesday unanimously revived an anti‑abortion pregnancy center network's constitutional challenge to a New Jersey subpoena seeking years of donor information, holding that the state's demand infringed free speech.

  • April 28, 2026

    Ohio Justices Nix 'Would Have Been Married' Obergefell Test

    The Ohio Supreme Court held Tuesday that a state law establishing parental rights for the spouse of a woman who conceives a child through artificial insemination doesn't retroactively apply to same-sex couples when a child was born before gay marriage was legalized by the U.S. Supreme Court in 2015.

  • April 28, 2026

    GEO Still Not Letting Inspectors Into ICE Facility, Wash. Says

    Washington state on Tuesday urged a federal judge to make The GEO Group let health officials inspect an immigration detention facility the private prison giant owns, saying GEO is "openly defying" a state law the Ninth Circuit allowed enforcement of.

  • April 28, 2026

    Illinois Panel Limits BIPA Exemption For Gov't Contractors

    The Biometric Information Privacy Act's government contractor exclusion is not a categorical exemption and applies only to violations that occur within the scope of a vendor's government-contracted work, an Illinois state appellate panel said Tuesday.

  • April 28, 2026

    Texas Panel Probes $557M Union Pacific Train Injury Verdict

    A Texas appeals panel Tuesday considered whether jurors were given the wrong liability standard before issuing a $557 million verdict against Union Pacific Railroad Co. over a woman who was hit by one of its trains, putting into question a roughly $73 million judgment.

  • April 28, 2026

    4th Circ. Says Ch. 13 Plan Keeping 3 Cars Lacks Good Faith

    A panel of the Fourth Circuit upheld the rejection of a North Carolina resident's Chapter 13 plan, saying Tuesday the plan complied with the letter of the Bankruptcy Code but was not an "honest effort" to pay his debts.

  • April 28, 2026

    Pipeline Violations Trouble 4th Circ. As Gas Co. Fights Stay

    A Fourth Circuit panel repeatedly pressed state enforcers and counsel for Mountain Valley Pipeline LLC during oral arguments Tuesday, questioning how language baked into water quality certifications would protect local streams and wetlands given the company's history of permit violations.

Expert Analysis

  • Contract Disputes Recap: Terminations Galore

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    Three recent decisions from the Federal Circuit and the Civilian Board of Contract Appeals provide valuable insights about sticking to a contract's plain language, navigating breach of contract claims, and jurisdictional limits on reinstatement of a canceled contract, say attorneys at Seyfarth.

  • Opinion

    Minn. Can Still Bring State Charges In Absence Of Fed Action

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    After two fatal shootings by federal immigration officers in Minneapolis, Minnesota's role isn't waiting to see if the federal government brings criminal charges, but independently weighing state homicide charges and allowing the judiciary to decide whether the subject conduct falls within the narrow protections of supremacy clause immunity, says Sheila Tendy at Tendy Law.

  • State Of Insurance: Q4 Notes From Illinois

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    In 2025's last quarter, Illinois’ appellate courts weighed in on overlapping homeowners coverages for water-related damages, contractual suit limitation provisions in uninsured motorist policies, and protections for genetic health information in life insurance underwriting, while the Department of Insurance sought nationwide homeowners' insurance data from State Farm, says Matthew Fortin at BatesCarey.

  • How 2 Tech Statutes Are Being Applied To Agentic AI

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    The application of the Computer Fraud and Abuse Act and the California Invasion of Privacy Act to agentic artificial intelligence is still developing, but recent case law, like Amazon's lawsuit against Perplexity in California federal court, provides some initial guidance for companies developing or deploying these technologies, say attorneys at Weil.

  • Defense Strategy Takeaways From Recent TCPA Class Actions

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    Although recent Telephone Consumer Protection Act decisions do not establish any bright-line tests for defeating predominance based on an argument that class members provided consent for the calls, certain trends have emerged that should inform defense strategies at class certification, say attorneys at Womble Bond.

  • NYC Bar Opinion Warns Attys On Use Of AI Recording Tools

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    Attorneys who use artificial intelligence tools to record, transcribe and summarize conversations with clients should heed the New York City Bar Association’s recent opinion addressing the legal and ethical risks posed by such tools, and follow several best practices to avoid violating the Rules of Professional Conduct, say attorneys at Smith Gambrell.

  • Series

    The Biz Court Digest: Dispatches From Utah's Newest Court

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    While a robust body of law hasn't yet developed since the Utah Business and Chancery Court's founding in October 2024, the number of cases filed there has recently picked up, and its existence illustrates Utah's desire to be top of mind for businesses across the country, says Evan Strassberg at Michael Best.

  • 4 Quick Emotional Resets For Lawyers With Conflict Fatigue

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    Though the emotional wear and tear of legal work can trap attorneys in conflict fatigue — leaving them unable to shake off tense interactions or return to a calm baseline — simple therapeutic techniques for resetting the nervous system can help break the cycle, says Chantel Cohen at CWC Coaching & Therapy.

  • 2 Rulings Showcase Fuzzy Limits Of 'Related To' Jurisdiction

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    The Fifth and Ninth Circuits recently handed down decisions, in Sanchez Energy and Sawtelle Partners, respectively, reminding practitioners that bankruptcy court jurisdiction over lingering disputes is not guaranteed, regardless of whether confirmation orders contain specific "retention of jurisdiction" language, says Brian Shaw at Cozen O’Connor.

  • 3 Key Ohio Financial Services Developments From 2025

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    Ohio's banking and financial services sector saw particularly notable developments in 2025, including a significant Ohio Supreme Court decision on creditor disclosure duties to guarantors in Huntington National Bank v. Schneider, and some major proposed changes to the state's Homebuyer Plus program, says Alex Durst at Durst Kerridge.

  • Patent Eligibility Faces Widening Gap Between USPTO, Courts

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    The year 2026 opened with a profoundly altered Patent Act Section 101 ecosystem — the U.S. Patent and Trademark Office has pushed eligibility as far open as it can for artificial intelligence technologies, but the courts are not on the same page, say attorneys at Skadden.

  • Navigating Trade Secret Exceptions In Noncompete Bans

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    Recent and ongoing developments in the noncompete landscape, including a potential decision from the Tenth Circuit in Edwards Lifesciences v. Thompson, could offer tools for employers to bring noncompete agreements within trade secret exceptions amid an era of heightened employee mobility, say attorneys at Sullivan & Cromwell.

  • Series

    Playing Tennis Makes Me A Better Lawyer

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    An instinct to turn pain into purpose meant frequent trips to the tennis court, where learning to move ahead one point at a time was a lesson that also applied to the steep learning curve of patent prosecution law, says Daniel Henry at Marshall Gerstein.

  • False Ad Suit Shows Need For Clear, Conspicuous Disclosure

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    The Eleventh Circuit's recent false advertising decision in Federal Trade Commission v. Corpay reiterated the FTC's guidance imploring advertisers to ensure that any disclosures are clear and conspicuous to consumers, providing companies with numerous lessons about truthful advertising and highlighting some common disclosure pitfalls to avoid, says Michael Justus at Carlton Fields.

  • Justices' BDO Denial May Allow For Increased Auditor Liability

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    The Supreme Court's recent denial of certiorari in BDO v. New England Carpenters could lead to more actions filed against accounting firms, as it lets stand a 2024 Second Circuit ruling that provided a road map for pleading falsity with respect to audit certifications, says Dean Conway at Carlton Fields.

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