Appellate

  • May 19, 2026

    Anthropic Says Defense Dept. Smeared It Over AI Red Lines

    Potential splits emerged Tuesday between D.C. Circuit judges questioning the legality of the U.S. Department of Defense's move to bar Anthropic from government contracting, with the AI company claiming it had been targeted and smeared as a national security threat for nothing more than a contract dispute.

  • May 19, 2026

    Fed. Circ. Won't Rehear Chemical Co.'s Duty Refund Dispute

    The Federal Circuit won't reconsider its rejection of a chemical manufacturer's argument that federal law required its claim for a petroleum derivative duty refund to be processed automatically, despite the company's claim that the court misconstrued the relevant law and precedent.

  • May 19, 2026

    Ex-Marketing Workers Take 401(k) Forfeiture Suit To 2nd Circ.

    Two former marketing company employees said they're going to ask the Second Circuit to revive their proposed class action alleging that 401(k) plan forfeitures were misused after a New York federal judge dismissed their case in April.

  • May 19, 2026

    Mass. Justices Say Profs Can Face Student Harassment Suits

    Massachusetts' highest court found Tuesday that the state's sexual harassment laws allow for suits against individuals in the academic world as well as their educational institutions, reviving a claim against a former MIT-affiliated lab director.

  • May 19, 2026

    Aspiring Georgia Justices Take Ethics Case To High Court

    A pair of plaintiffs attorneys running to unseat Republican-appointed justices on the Georgia Supreme Court asked the U.S. Supreme Court to vacate an Eleventh Circuit ruling that allowed Georgia's judicial watchdog to issue public statements about ethics violations they are accused of committing.

  • May 18, 2026

    Boeing Owed Duty To Worker's Future Kid, Wash. Panel Says

    Boeing must face claims that a factory worker's on-the-job chemical exposure caused birth defects in his child, a Washington Court of Appeals panel said in a published ruling Monday, finding that an employer "may be liable for negligence towards an employee's not-yet-conceived offspring."

  • May 18, 2026

    FirstEnergy Urges 6th Circ. To Again Nix Investors' Class Cert.

    FirstEnergy Corp. is once again asking the Sixth Circuit to curb a class action alleging it defrauded investors by hiding its involvement in a $1.3 billion bribery scandal, urging the court to overturn class certification a second time.

  • May 18, 2026

    8th Circ. Backs Mother-Son Convictions In Reservation Murder

    A split Eighth Circuit panel has upheld the sentences of a mother and son convicted of murdering a man on the Cheyenne River Sioux Indian Reservation, rejecting their claims that home surveillance camera footage of the two beating the victim should not have been admitted because of alleged tampering.

  • May 18, 2026

    Marlboro Smoker Was Victim Of Ubiquitous Ads, Jury Hears

    A Florida jury heard opening arguments Monday in a trial over the lung cancer death of a woman who started smoking at a time when Philip Morris was "wallpapering" the nation with pro-smoking messages, her family's lawyer said.

  • May 18, 2026

    Unsafe Carriers Seem Doomed After Freight Broker Ruling

    The U.S. Supreme Court's recent holding that freight brokers can be held liable under state law for the negligent hiring of motor carriers that cause auto collisions is a "monumental" win for highway safety, plaintiffs attorneys said, as dangerous "fly-by-night" trucking companies could be put out of business.

  • May 18, 2026

    7th Circ. Considers Reviving Claims In Wind Farm Contract Row

    A Seventh Circuit panel seemed unconvinced Monday that a jury improperly awarded an Illinois wind farm contractor nominal damages in a subcontractor termination dispute, but suggested the $1 award may still be unwound if the court decides the subcontractor's claims were improperly kept from trial.

  • May 18, 2026

    Madigan Ruling May Offer High Court New Bribery Test

    The Seventh Circuit found enough "overwhelming" evidence last month to sustain the conviction of former Illinois House Speaker Michael Madigan, but a U.S. Supreme Court that's spent years narrowing the reach of public corruption laws may be interested in whether prosecutors proved a sufficiently specific quid pro quo.

  • May 18, 2026

    1st Circ. Keeps Union's Contract With VA Intact During Appeal

    The First Circuit denied a U.S. Department of Veterans Affairs request to shelve its contract with a union representing government workers during an appeal, while also pausing a lower court's order that the VA must abide by grievance procedures in the contract. 

  • May 18, 2026

    3rd Circ. Revives Webuild Asset Bid In $140M Award Feud

    The Third Circuit revived a Chilean construction company's bid to enforce a $140 million arbitral award against Italian construction giant Webuild, alleged successor to award debtor Astaldi SpA, ruling Monday in a precedential opinion that a lower court was wrong to nix the suit on jurisdictional grounds.

  • May 18, 2026

    BofA Can Arbitrate Overdraft Fee Claims, 9th Circ. Says

    Bank of America can arbitrate proposed class action claims over overdraft fees it charges its business checking account customers instead of fighting the allegations before a judicial referee, the Ninth Circuit has determined.

  • May 18, 2026

    Judge Won't Apply Foreign Court Orders To NY Stoli TM Fight

    A Manhattan federal judge has ruled that a Russian state-owned company fighting with U.S.-based distributors over the trademark rights to Stolichnaya vodka cannot stop the distributors from repeating arguments that had been rejected by Dutch and Russian courts.

  • May 18, 2026

    Aspiring Ga. Justices Flagged For Possible Ethics Violations

    A pair of plaintiffs attorneys running to unseat Republican-appointed justices on the Georgia Supreme Court in Tuesday's election may have violated state ethics rules, an oversight commission said Sunday in public statements after securing an Eleventh Circuit ruling.

  • May 18, 2026

    Fed. Circ. Says USPS Contractor Too Late To Counter Rival

    A company that lost its U.S. Postal Service contract after a rival accused it of impropriety in a lawsuit aimed at the agency was too late to rebut those allegations, the Federal Circuit ruled despite the rival's failure to notify the contractor.

  • May 18, 2026

    8th Circ. Upholds Sentence In Fentanyl-Laced Pill Case

    The Eighth Circuit has ruled that while a Missouri man's nearly 20-year prison sentence for gun and drug possession should remain in place, a federal court cannot ban him from receiving federal assistance as a result of his convictions.

  • May 18, 2026

    5th Circ. Revives Stabbing Victim's Suit Over Officer's Delay

    The Fifth Circuit, in a published opinion issued Monday, revived a civil lawsuit from a Texas woman claiming a federal probation officer did not take steps necessary to protect her from her ex-boyfriend who ultimately stabbed her, leaving her with near full-body paralysis.

  • May 18, 2026

    P-Funk Founder Sues UMG For $1.1M In Frozen Royalties

    Parliament-Funkadelic frontman George Clinton filed suit Friday in Michigan federal court alleging that music industry giant UMG has illegally withheld more than $1.1 million in royalty payments because of a separate lawsuit pending between Clinton and the estate of Clinton's keyboardist in the U.S. Court of Appeals for the Sixth Circuit.

  • May 18, 2026

    Feds Say BIA Ruling Doesn't Undercut Quick Removal Policies

    The Trump administration told the D.C. Circuit that a recent precedential Board of Immigration Appeals ruling interpreting the meaning of "arrival" and "arrived" should have no bearing on its policies seeking to increase the number of expedited removals.

  • May 18, 2026

    Exxon Tells 9th Circ. Calif.'s Plastic Suit Belongs In Fed. Court

    The state of California's claim that Exxon Mobil Corp. is responsible for plastic pollution belongs in federal court, the petroleum giant told a Ninth Circuit panel during a hearing on Monday, arguing that federal courts have admiralty jurisdiction because the litigation targets pollution in navigable waters, among other alleged injuries.

  • May 18, 2026

    Ill. Panel Sides With AbbVie In Eye-Stent Injury Suit

    An Illinois appeals panel on Monday affirmed summary judgment in favor of AbbVie in a suit alleging one of its eye stents caused a man's eye injuries, finding the patient failed to present any evidence that his symptoms were a result of the product's manufacturing or design.

  • May 18, 2026

    Full Fed. Circ. Won't Touch $71M Christmas Tree Patent Ruling

    The full Federal Circuit on Monday rejected Polygroup Ltd.'s request to rethink a panel decision affirming a $71.4 million judgment against it for infringing competitor Willis Electric Co. Ltd.'s artificial pre-lit Christmas tree patent.

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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