Appellate

  • October 09, 2025

    Ga. Panel Considers Reviving Suit Over Fatal Work Fall

    The family of a man who fell to his death at SK Battery America Inc.'s lithium-ion battery production plant in Commerce, Georgia, on Thursday urged the state's intermediate appellate court to revive the case, arguing a trial court wrongly granted summary judgment to SK and its contractors.

  • October 09, 2025

    Biotronik Wants Full 9th Circ. Review Of Whistleblower Ruling

    Biotronik Inc. urged the full Ninth Circuit to review a panel ruling that revived a whistleblower suit alleging the company used unlawful compensation tactics to boost heart-device sales, saying it should have been tossed based on prior disclosures in news articles.

  • October 09, 2025

    9th Circ. Probes Buyers On HIV Drug Antitrust Claims

    Insurers and health plans told a Ninth Circuit panel on Thursday that a lower court was wrong to toss their claims that Gilead orchestrated a product-hop scheme for its HIV drugs ahead of trial and for not seeing a price drop as evidence of an alleged agreement with Teva to delay generics.

  • October 09, 2025

    McKesson Aims To Escape Dealer Claims In Overdose Death

    Pharmaceutical distributor McKesson urged the Georgia Court of Appeals Thursday to throw out a suit trying to hold the company liable for a man's prescription opioid overdose death, arguing that allowing it to go forward would wrongly expand the scope of liability under a statute designed to punish illegal drug dealers.

  • October 09, 2025

    5th Circ. Says Army Corps Didn't Harm Dolphins In Miss.

    A Fifth Circuit panel found the U.S. Army Corps of Engineers' operation of a spillway likely did not cause harm to bottlenose dolphins in the Mississippi Sound, saying Thursday that local governments failed to demonstrate how continued use would harm the marine mammals.

  • October 09, 2025

    NJ Justices Probe Insurer's Role In $12M Settlement Fight

    The New Jersey Supreme Court zeroed in Thursday on how far insurers can go in reserving their rights without taking a definitive position on coverage, as Mist Pharmaceuticals LLC accused Berkley Insurance Co. of stonewalling a $12 million settlement by hiding behind ambiguity in its "capacity exclusion" clause.

  • October 09, 2025

    Feds Urge 9th Circ. To Allow Portland Troop Deployment

    A Ninth Circuit panel appeared split Thursday on the Trump administration's bid to preserve its ability to send Oregon National Guard members to Portland, with one judge suggesting the president's decision is entitled to deference and another panelist skeptical that the federal government would suffer harm if the deployment plan is tabled.

  • October 09, 2025

    Fed. Circ. Affirms Contractor Is Due Money For COVID Delays

    The Federal Circuit on Thursday backed an Armed Services Board of Contract Appeals decision finding the government must compensate a contractor for fees incurred during the 2020 COVID-19 shutdown, just days after hearing oral argument. 

  • October 09, 2025

    Mich. Justice Eyes Scope Of Judge-As-Grand-Jury Issue

    Michigan's chief Supreme Court justice on Thursday pondered the real-world implications of retroactively applying a 2022 ruling that judges cannot act as a one-person grand jury to issue indictments, saying the practice seems to have grown more prevalent.

  • October 09, 2025

    Wash. High Court Rules Tribe Is Immune From Property Claim

    Washington's Supreme Court on Oct. 9 sided with the Stillaguamish Tribe of Indians in a dispute over land rights, ruling that the federally recognized tribe is immune from a lawsuit filed by a farm seeking to wrest ownership of a piece of property along the Stillaguamish River.

  • October 09, 2025

    ADA Doesn't Stop At Prison Gates, 3rd Circ. Says In Reversal

    The Third Circuit ordered a lower court to accept an incarcerated man's amended Americans with Disabilities Act lawsuit against a Pennsylvania prison that he says denied him proper medical treatment when a spinal cord injury left him paralyzed in his cell.

  • October 09, 2025

    Nissan, Drivers Reach Deal To End Faulty Brake Claims

    Nissan North America Inc. and drivers on Thursday reached a settlement in principle in Tennessee federal court that would end multistate claims alleging the automatic braking systems in certain Nissan vehicles would sometimes trigger and cause the cars to stop suddenly, creating an unpredictable hazard.

  • October 09, 2025

    Fla. High Court Hears Ex-Marvel CEO's Punitive Damages Bid

    The former CEO of Marvel Entertainment on Thursday urged the Florida Supreme Court to revive his punitive damages claim over the secret collection of his wife's DNA in connection to a hate letter campaign, arguing his client was wrongfully held to a higher burden in order to establish the claim. 

  • October 09, 2025

    San Antonio Abandons Out-Of-State Abortion Travel Appeal

    The city of San Antonio on Thursday conceded defeat in its request for court approval to go forward with a program that included funding for out-of-state travel for abortions, handing a victory to the state's attorney general.

  • October 09, 2025

    Mich. Justices Mull Tort Damages Bar For Nonresident Drivers

    Members of Michigan's Supreme Court on Thursday expressed reservations about an intermediate appellate court's decision that nonresidents who fail to carry Michigan insurance for a vehicle they regularly drive in the state can recover tort damages after a car accident.

  • October 09, 2025

    Judge Seeks NCAA Ruling's Impact On Tenn. Player's Suit

    With an appeal by the NCAA over an injunction permitting Vanderbilt University quarterback Diego Pavia to continue playing football tossed out by the Sixth Circuit last week, a Tennessee federal judge has given the NCAA and a former college basketball player until Oct. 30 to explain how the ruling affects a separate challenge to the organization's eligibility rules.

  • October 09, 2025

    Jenn Mascott Of WH Counsel's Office Confirmed To 3rd Circ.

    The Senate voted 50-47 on Thursday to confirm Jenn Mascott, currently serving in the White House Counsel's Office, to the Delaware seat on the Third Circuit.

  • October 09, 2025

    Tort Report: Nuked 'Nuclear Verdict' Stays, Texas Justices Say

    The fate of a "nuclear verdict" that was used to jump-start tort reform campaigns across the country and a settlement of a suit over a Kiss guitar technician's death lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • October 09, 2025

    Texas Justices Weigh $26M Fracking Water Pipeline Verdict

    The Texas Supreme Court pushed Equinor Energy LP on Thursday to explain how language in a contract gave it the right to seek water for fracking from other sources, asking why the company should get out of a $26 million verdict.

  • October 09, 2025

    Whistleblower Asks High Court To Revive NASA Fraud Case

    A whistleblower is urging the U.S. Supreme Court to revive a False Claims Act suit accusing a NASA contractor of overbilling, arguing that the Sixth Circuit wrongly let the government dismiss the case without considering the whistleblower's time and money commitment.

  • October 09, 2025

    Fed. Circ. Gets Shutdown Extension For Newman Response

    The D.C. Circuit on Thursday gave the judges on the Federal Circuit an extension until after the government shutdown ends to respond to Federal Circuit Judge Pauline Newman's request for the rehearing of a decision upholding the dismissal of her suit against the colleagues who suspended her.

  • October 09, 2025

    Fed. Circ. Backs PTAB Wins For Samsung In Earpiece Cases

    The Federal Circuit on Thursday shot down appeals of a series of Patent Trial and Appeal Board decisions that found claims across three patents covering earpieces and attached microphone technology invalid.

  • October 09, 2025

    Florida Says Its Immigration Law Doesn't Preempt Federal Law

    Florida asked the Eleventh Circuit on Thursday to overturn a block on a state law that criminalizes the entry of unauthorized immigrants into the state, arguing that there is no preemption of federal immigration law.

  • October 09, 2025

    Top Texas Court Halts Execution In Shaken Baby Case

    Texas' top criminal court on Thursday paused the execution of a man convicted of killing his daughter under the discredited "shaken baby syndrome" theory, ordering a trial court to consider whether a recent ruling in another capital case involving the same theory could justify granting a new trial.

  • October 09, 2025

    Tire-Maker Takes 13 Revived Asbestos Suits To NC High Court

    Continental Tire is asking North Carolina's top court to review whether more than a dozen workers' compensation cases linked to alleged asbestos exposure at one of its factories should carry on, saying the claimants cannot skirt the results of a bellwether trial.

Expert Analysis

  • Notable Q2 Updates In Insurance Class Actions

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    Vehicle valuation challenges regarding the use of projected sale adjustments continued apace in insurance class actions this quarter, where insurers have been scoring victories on class certification decisions in federal circuit courts, says Mathew Drocton at BakerHostetler.

  • Series

    Hiking Makes Me A Better Lawyer

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    On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.

  • 6 Tips On Drafting Machine Learning Patents Post-Recentive

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    While the Federal Circuit's decision in Recentive v. Fox narrows the scope of patent-eligible machine learning applications, there are several drafting and prosecution strategies that may help practitioners navigate Section 101 challenges, say attorneys at BCLP.

  • Regulating Online Activity After Porn Site Age Check Ruling

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    A recent U.S. Supreme Court decision upholding an age verification requirement for accessing online adult sexual content applied a lenient rational basis standard, raising questions for how state and federal courts will determine what kinds of laws regulating online activity will satisfy this standard going forward, say attorneys at Hogan Lovells.

  • Opinion

    3rd Circ. H-2A Decision Mistakenly Relies On Jarkesy

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    The Third Circuit's decision last month in Sun Valley v. U.S. Department of Labor found that the claims required Article III adjudication under the U.S. Supreme Court's Jarkesy decision — but there is an alternative legal course that can resolve similar H-2A and H-2B cases on firmer constitutional ground, says Alex Platt at the University of Kansas School of Law.

  • DC Circ. Ruling Augurs More Scrutiny Of Blanket Gag Orders

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    The D.C. Circuit’s recent ruling in In re: Sealed Case, finding that an omnibus nondisclosure order was too sweeping, should serve as a wake-up call to prosecutors and provide a road map for private parties to push back on overbroad secrecy demands, says Gregory Rosen at Rogers Joseph.

  • Series

    Law School's Missed Lessons: Negotiation Skills

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    I took one negotiation course in law school, but most of the techniques I rely on today I learned in practice, where I've discovered that the process is less about tricks or tactics, and more about clarity, preparation and communication, says Grant Schrantz at Haug Barron.

  • Conflicting Developments In Homelessness Legal Landscape

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    Looking at an executive order and Third Circuit opinion from last month highlights the ongoing tension in homelessness-related legal issues facing state and local governments, property owners, and individuals experiencing homelessness, says Josh Collins, an attorney for the City of South Salt Lake.

  • What Justices Left Unsaid About The Federal Tort Claims Act

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    The U.S. Supreme Court's recent decision in Martin v. U.S. rejected the Eleventh Circuit's interpretation of the Federal Tort Claims Act in the case of a botched police raid — but left unresolved many questions about plaintiffs' ability to hold the government accountable for officers' misdeeds, says Scott Brooks at Levy Firestone.

  • Opinion

    Bar Exam Reform Must Expand Beyond A Single Updated Test

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    Recently released information about the National Conference of Bar Examiners’ new NextGen Uniform Bar Exam highlights why a single test is not ideal for measuring newly licensed lawyers’ competency, demonstrating the need for collaborative development, implementation and reform processes, says Gregory Bordelon at Suffolk University.

  • Texas High Court Decision Could Reshape Contract Damages

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    The Texas Supreme Court recently held that an order of specific performance for a real property transaction doesn't preclude a damage award, establishing a damages test for this scenario while placing the onus on lower courts to correctly determine the proper remedies and quantum of damages, say attorneys at Fried Frank.

  • The Patent Eligibility Eras Tour: 11 Years Of Post-Alice Tumult

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    A survey of recent twists and turns in patent eligibility law highlights the confusion created by the U.S. Supreme Court's 2014 Alice decision and reveals that the continually shifting standards have begun to diverge in fundamental ways between the Federal Circuit and the U.S. Patent and Trademark Office, says Michael Shepherd at Fish & Richardson.

  • Justices Could Clarify Post-Badgerow Arbitration Jurisdiction

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    If the U.S. Supreme Court grants a certiorari petition in Jules v. Andre Balazs Properties, it could provide some welcome clarity on post-arbitration award jurisdiction, an issue lingering since the court's 2022 decision in Badgerow v. Walters, says David Pegno at Dewey Pegno.

  • A Simple Way Courts Can Help Attys Avoid AI Hallucinations

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    As attorneys increasingly rely on generative artificial intelligence for legal research, courts should consider expanding online quality control programs to flag potential hallucinations — permitting counsel to correct mistakes and sparing judges the burden of imposing sanctions, say attorneys at Lankler Siffert & Wohl and Connors.

  • Strategies For ICE Agent Misconduct Suits In The 11th Circ.

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    Attorneys have numerous pathways to pursue misconduct claims against U.S. Immigration and Customs Enforcement agents in the Eleventh Circuit, and they need not wait for the court to correct its misinterpretation of a Federal Tort Claims Act exception, says Lauren Bonds at the National Police Accountability Project.

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