Appellate

  • October 20, 2026

    Florida Board Must Testify In Book Ban Suit, 11th Circ. Says

    A split Eleventh Circuit panel held Monday that current and former Florida school board members cannot invoke legislative privilege to avoid testifying about why they removed specific library books, finding that the privilege protects their adoption of book removal policies but not the decisions applying those policies to particular titles.

  • October 20, 2026

    Texas Appeals Court Skeptical Uri Interference Claims Viable

    A Texas appeals court on Tuesday sounded dubious of a claim brought by energy consumers alleging that dozens of companies involved in the natural gas industry tortiously interfered with their electricity contracts by decreasing natural gas output during a deadly winter storm.

  • October 20, 2026

    Catholic Scholars, Ex-Nat'l Security Officials Back Anthropic

    Former CIA Director Leon Panetta, ex-national security officials and Catholic theologians on Tuesday all urged the full D.C. Circuit to rehear Anthropic's challenge to the Trump administration's decision to designate the company a supply chain risk, claiming that the company's position strengthens the U.S. government's global edge in artificial intelligence and conforms with Catholic teaching.

  • October 20, 2026

    11th Circ. Rejects Ex-3M Worker's COVID Vax Refusal Suit

    The Eleventh Circuit on Tuesday declined to revive a Title VII religious discrimination suit by a former 3M healthcare business division employee who was terminated after refusing to get vaccinated against COVID-19 because of her beliefs, finding that her own statements show that there's no conflict between her beliefs and 3M's policy. 

  • October 20, 2026

    GOP States Back Trump Bid To Limit Immigrant Habeas

    Iowa and 21 other Republican-led states urged the U.S. Supreme Court on Tuesday to grant the Trump administration's petition to review whether district courts have authority over habeas petitions from noncitizens challenging their detention.

  • October 20, 2026

    Mich. Pharmacist Tells 6th Circ. Feds Silenced Key Witness

    A Michigan pharmacist serving an eight-year prison sentence for medical fraud is entitled to a new trial, his attorney told a Sixth Circuit panel Tuesday, arguing that a key defense witness in the case was threatened by the government and dissuaded from testifying.

  • October 20, 2026

    2nd Circ. Won't Block Connecticut Drug Price Cap

    A Second Circuit panel affirmed a lower court's decision Tuesday, refusing to block Connecticut from enforcing a cap on generic and off-patent drug prices while a trade association for drug wholesalers challenges the statute.

  • October 20, 2026

    AirPro Says Rival Used Merger Talks To Build Competing Tool

    Counsel for AirPro Diagnostics LLC urged a Sixth Circuit panel on Tuesday to reverse a lower court's summary judgment ruling and allow its breach of contract suit to proceed to trial, arguing that a rival company violated a mutual party agreement by using confidential information disclosed during merger negotiations to develop a competing diagnostic tool.

  • October 20, 2026

    Magellan, Powder Springs To Pay $20M To End Sunoco IP Suit

    Energy infrastructure firm Magellan Midstream Partners LP and Powder Springs Logistics have agreed to pay $20.3 million to resolve a judgment against them after a jury trial loss in a patent infringement case brought in Delaware federal court by Sunoco related to gasoline blending patents.

  • October 20, 2026

    3rd Circ. Seems Open To Drexel's Bid For New Pay Bias Trial

    The Third Circuit seemed receptive Tuesday to Drexel University's bid for a new trial in a professor's pay discrimination suit, with the judges hinting a trial court may have gone too far by imposing Equal Pay Act liability on the school for not complying with an order to turn over salary information.

  • October 20, 2026

    Conn. High Court Snapshot: Justices May Refine Anti-SLAPP

    The Connecticut Supreme Court will hear cases in its new term that could change the procedure for winning a strategic lawsuit against public participation and clarify what it means to be "in custody" for the purposes of habeas jurisdiction.

  • October 20, 2026

    4th Circ. Says 'Breach Of Trust' OK Reason To Revoke Release

    The Fourth Circuit has ruled that a decision to "slam some sense" into a Virginia man by revoking his supervised release for numerous drug-related violations is procedurally reasonable and does not violate federal sentencing guidelines.

  • October 20, 2026

    7th Circ. Rejects Removal Of Hospital Patient Privacy Suits

    The Seventh Circuit on Tuesday joined a host of other appellate courts in determining healthcare providers were not "acting under" the federal government when they created patient web portals, finding actions alleging hospitals improperly shared patient information belonged in state court.

  • October 20, 2026

    Justices Want Pensioners' Input On Southern Co. Petition

    The U.S. Supreme Court asked Southern Co. pension plan participants to weigh in on their employer's petition for review of an Eleventh Circuit decision that revived their proposed class action alleging outdated life expectancy data caused them to lose out on benefits, indicating the justices' possible interest in the case.

  • October 20, 2026

    Justices Urged to Reject Patent Inventorship Appeal

    Fencing company Digger Specialties says the U.S. Supreme Court shouldn't take up a challenge to a Federal Circuit finding that invalidated a patent it was accused of infringing, hitting back at a rival's argument that the circuit court ruling produced an "absurd result."

  • October 20, 2026

    Google Makes Last DC Circ. Push Against DOJ's Search Win

    Google took one final swing Monday at upending a D.C. federal judge's rulings faulting it for monopolizing online search and forcing it to prop up search engine rivals with data and syndicated results, telling the D.C. Circuit that the U.S. Department of Justice's case targets earned market dominance.

  • October 20, 2026

    Plastics Co. Asks 5th Circ. Not To Nix Captive Insurance Case

    The founder of a plastic manufacturing company asked the Fifth Circuit not to dismiss his bid to restore a tax deduction the IRS denied on premiums the company paid for its captive insurance arrangement, saying the court has jurisdiction over the case despite the government's claim to the contrary.

  • October 20, 2026

    8th Circ. Panel Doubts Investors' Medtronic Insulin Pump Suit

    The Eighth Circuit appeared skeptical Tuesday of investors' bid to revive allegations that medical device company Medtronic failed to properly communicate problems with an insulin pump device it manufactured and was ultimately recalled, with judges questioning arguments that certain interactions between the company and regulators weren't properly disclosed.

  • October 20, 2026

    New Rule On Invoking Defendant's Past Convictions Hits Snag

    A yearslong effort to make it harder for prosecutors to invoke a criminal defendant's past convictions appeared to be gaining traction — until the senior executive arm of the Judicial Conference recently intervened and the U.S. Department of Justice abruptly withdrew its support for the proposal.

  • October 20, 2026

    LA Tells 9th Circ. DOJ Pot Shift Can't Revive License Appeal

    The city of Los Angeles is urging the Ninth Circuit to throw out a challenge to its social equity cannabis licensure program, saying the Constitution's dormant commerce clause doesn't apply to marijuana regardless of recent changes to federal cannabis policy.

  • October 20, 2026

    Split DC Circ. Revives Faith Groups' Challenge To ICE Raids

    A split D.C. Circuit panel ruled Tuesday that a collection of faith groups likely have standing to challenge the Trump administration's rescission of a decades-old policy shielding houses of worship from immigration raids, holding that the congregations face a "credible threat" of enforcement, enough to be heard in court.

  • October 20, 2026

    NJ Panel Revives Hill Wallack Malpractice Suit

    A New Jersey state appeals court panel ruled Tuesday that a trial court must rethink its dismissal of a suit accusing Hill Wallack LLP of mishandling the defense of a family facing labor trafficking allegations, saying a more detailed record is needed to establish whether discovery responses were deficient.

  • October 20, 2026

    Mass. High Court Backs Ban On Under-21s Carrying Guns

    Massachusetts' highest court on Tuesday upheld a law prohibiting anyone under 21 from possessing guns, finding the restrictions are consistent with historical regulations on youth and firearms.

  • October 20, 2026

    Starbucks Seeks Full 5th Circ. Review Of NLRB Union Ruling

    Starbucks has urged the full Fifth Circuit to rehear a recent panel decision finding that the coffee chain engaged in multiple federal labor law violations to suppress a union campaign in Upstate New York, claiming the decision conflicts with U.S. Supreme Court and circuit court precedent.

  • October 20, 2026

    Ohio Justices Say Moratorium Ends Data Center Site Plan

    The Ohio Supreme Court on Tuesday unanimously rejected a data center developer's call to force Lordstown, Ohio, to consider a plan for a project submitted days before the village council enacted a ban on the construction of any new data centers.

Expert Analysis

  • State Of Insurance: Q2 Notes From Illinois

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    The second quarter of 2026 featured a trio of auto insurance opinions from Illinois' appellate courts, addressing a notice requirement, narrowing insurers' exposure for delayed payment of underinsured motorist claims, and creating a district split on coverage for employee-drivers under employers' policies, says Matthew Fortin at BatesCarey.

  • Why Courts Are Pushing Back On Greenwashing Laws

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    Recent Fourth Circuit and California federal court decisions blocking state greenwashing statutes on First Amendment grounds reveal a tension at the heart of environmental marketing regulation — while states want clarity, courts aren't prepared to let legislatures flatly ban categories of truthful commercial speech, say attorneys at DLA Piper.

  • 11th Circ. Opioid Appeal May Shift Public Nuisance Coverage

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    The Eleventh Circuit's recent ruling certifying to the Florida and Georgia Supreme Courts the question of whether insurers must provide coverage against suits claiming policyholders improperly distributed opioids may ultimately result in a counterbalance to the Delaware line of cases denying coverage for government opioid suits, say attorneys at Pillsbury.

  • Series

    Teaching SEC Investigations Makes Me A Better Lawyer

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    Instructing a law school course on U.S. Securities and Exchange Commission investigations has made me a more thoughtful, deliberate practitioner because it requires me to continually reassess and challenge what I know about securities law enforcement, how I know it and how best to explain it, says David Chase at Miami Law.

  • Monsanto Ruling Bolsters Generic Drug Labeling Preemption

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    The U.S. Supreme Court's recent decision in Monsanto Co. v. Durnell concerns herbicide labeling regulated by the Federal Insecticide, Fungicide, and Rodenticide Act, but also carries weighty implications for preemption of state law labeling claims against drug manufacturers, say Terry Henry and Ann Querns at Blank Rome and Melanie Leney at Aurobindo Pharma.

  • Justices' Tax Sale Ruling Tees Up Auction Fairness Battles

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    The U.S. Supreme Court’s recent decision in Pung v. Isabella County, Michigan, that taxpayers are not entitled to fair market value of real property seized to satisfy a tax debt shifts attention to the fairness of state and local auction procedures, and whether taxpayers claiming surplus proceeds face unwarranted hurdles, say attorneys at Miller Canfield.

  • Why The 2nd Circ. Upheld Beneficial Ownership Blockers

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    The Second Circuit recently held that a properly drafted contractual blocker — which caps an investor's beneficial ownership below 10% and automatically voids any transaction that would breach the cap — shields the investor from Section 16(b) liability, demonstrating that blockers have teeth, say attorneys at Sheppard.

  • Patent Eligibility Reforms Keep Chasing The Wrong Fixes

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    Repeated efforts to create a consistent, predictable patent eligibility standard under Section 101 have centered on replacing judge-made exceptions with new statutory language, but the better fix is to align examination standards with how courts actually apply eligibility doctrine, says former Patent Trial and Appeal Board judge Amee Shah.

  • Opinion

    Qualified Immunity Bill's Reach Goes Beyond Federal Officers

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    The federal Qualified Immunity Abolition Act, introduced earlier this year and described by the bill sponsors as a federal-officer measure, would in actuality reach the entire universe of Section 1983 defendants, a distinction that matters as much to defense counsel as to plaintiffs, says attorney V. James DeSimone.

  • Where The Justices Aligned In Appellate Authority Ruling

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    The real story of the U.S. Supreme Court’s recent ruling in T.M. v. University of Maryland Medical System Corp., finding that a doctrine designed to curtail duplicative litigation prevents federal district courts from reviewing state court decisions, is in how the justices together revisited an obscure, century-old jurisdictional doctrine, says Alex Dimitrief at Zeughauser Group.

  • How High Court Pepsi Case Could Brew TM Strategy Shift

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    The U.S. Supreme Court's forthcoming decision in RiseandShine v. PepsiCo will determine whether a judge or jury decides trademark strength in infringement disputes, which could meaningfully change early-stage motion practice, discovery and what evidence is needed to prove a mark is strong, says Rachel Scobie at Merchant & Gould.

  • State Of Insurance: Q2 Notes From Pennsylvania

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    Todd Leon at Marshall Dennehey highlights notable second-quarter insurance developments in Pennsylvania, including federal court opinions providing guidance on first-party and third-party insurance coverage principles, and a pending bill seeking to regulate health insurers' use of artificial intelligence.

  • High Court, SEC Proposals Set Stage For Further Fund Reform

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    The U.S. Supreme Court's recent decision in FS Credit Opportunities v. Saba Capital Master Fund and the U.S. Securities and Exchange Commission's proposed rulemaking packages aimed at public market reforms provide a constructive backdrop for considering additional innovations to the listed fund structure, say attorneys at Debevoise.

  • Series

    Judges On AI: Examining Administrative, Organizational Uses

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    U.S. District Judge Alan Albright of the Western District of Texas examines how artificial intelligence could transform a court's ability to deal with administrative work and organize materials when preparing for hearings or drafting opinions, thereby affording judges more time to resolve contested issues.

  • Why 4th Circ.'s Clean Water Act Injunction Ruling Matters

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    The Fourth Circuit's ruling last month in West Virginia Rivers Coalition v. Chemours, holding that a Clean Water Act permit violation does not automatically create a presumption of irreparable harm that requires a preliminary injunction, avoided a dramatic change in CWA enforcement, say attorneys at Hunton.

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