Appellate

  • August 14, 2026

    9th Circ. Says Film Industry Pension Fight Needs 2nd Look

    The Ninth Circuit on Friday revived a set designer's suit claiming that the board of the Motion Picture Industry Pension Plans stood by while certain investment funds underperformed year over year, ruling a lower court should reassess whether the board acted imprudently under a clarified legal standard.

  • August 14, 2026

    Mich. Panel Gives Dog New Chance In Euthanasia Fight

    A Michigan appeals court has overturned an order requiring a Port Huron woman to euthanize her dog after he bit off a guest's nose, ruling that a lower court applied the wrong standard when deciding whether the guest provoked the dog by putting her face inches away from the dog's face.

  • August 14, 2026

    10th Circ. Backs $5M Verdict In Fight Over Toll Lanes Contract

    The Tenth Circuit on Friday unanimously upheld a Denver federal jury's award of $5.25 million to construction design firm Aecom, wholly rejecting a contractor's request for a new trial in a contract dispute over a Colorado toll lanes project.

  • August 14, 2026

    9th Circ. Revives Bid For 15 Alaska Tribal Health Docs

    A Ninth Circuit panel has revived a request for 15 documents related to internal investigations and governance reforms from the Alaska Native Tribal Health Consortium, finding that the district court abused its discretion and the case is not moot because it's uncontested that the information hasn't yet been viewed.

  • August 14, 2026

    1st Circ. Becomes 7th To Reject Trump's No-Bond Policy

    The First Circuit became the seventh appellate court to reject the Trump administration's argument that noncitizens arrested in the interior U.S. can be detained without bond, ruling that immigrants who entered the country unlawfully years earlier can seek release on bond.

  • August 14, 2026

    11th Circ. Mulls Tax Court's Cut To $33M Easement Deduction

    An Eleventh Circuit panel grappled Friday with valuation questions regarding a Georgia conservation easement, including whether the U.S. Tax Court erred in rejecting the IRS' determination while still using the agency's data points in reducing a $33 million tax deduction.

  • August 14, 2026

    Nielsen Loses At Fed. Circ., Fights Verdict In Patent Row

    The Nielsen Co. Friday lost its attempt at the Federal Circuit to revive claims of a patent it accused TVision Insights Inc. of infringing, as it fights a jury verdict clearing TVision of infringing a separate patent.

  • August 14, 2026

    Key State Criminal Law Rulings So Far In 2026

    State supreme courts so far this year have gone beyond federal standards to strengthen protections for criminal defendants, restrict mandatory life-without-parole sentences for felony murder, and bolster the right to counsel and Fourth Amendment limitations on searches.

  • August 14, 2026

    Trump Asks Justices To Raze Block On Ballroom Construction

    President Donald Trump asked the U.S. Supreme Court on Friday to lift a ban on construction of a new White House ballroom, arguing a federal judge who ordered the work to stop overstepped his authority by vetoing national security officials' determinations that the ballroom is "vitally required." 

  • August 14, 2026

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen newly signed Real Madrid footballer Yan Diomandé sued over access to his image rights, Nigel Farage and Reform UK deputy leader Richard Tice accuse the NCA of leaking confidential financial information, and a right-wing American journalist hit The Guardian with a libel claim. 

  • August 14, 2026

    DC Circ. Says Felon Likely Knew Status In Firearm Case

    The D.C. Circuit won't allow a convicted felon to have a guilty plea for possessing a firearm vacated, saying that his claim that he didn't know he was a felon is undermined by his having spent more than two years in prison.

  • August 13, 2026

    'Jump Must Litigate': 7th Circ. Clarifies Arb. Enforcement Rule

    The Seventh Circuit rejected trading firm Jump Trading LLC's bid to arbitrate a putative securities class action Thursday, finding that courts, not arbitrators, must decide whether disputes belong in arbitration when the parties haven't signed an arbitration agreement, furthering a circuit split and holding that "Jump must litigate."

  • August 13, 2026

    7th Circ. Won't Revive Popcorn Shop Worker's Retaliation Suit

    The Seventh Circuit on Thursday refused to resurrect a retaliation suit filed by a former assistant research and development director for Chicago's Garrett Popcorn Shops, finding she failed to back up her argument that a jury erred in siding with her former employer.

  • August 13, 2026

    Full 5th Circ. Moots Challenge Of Trump's Use Of Enemies Act

    The full Fifth Circuit Thursday tossed three Venezuelan nationals' lawsuit challenging President Donald Trump's use of a 1798 wartime law to try to deport them and other Venezuelans, saying the proposed class case was now moot after the government deported them without invoking the law.

  • August 13, 2026

    Fed Shouldn't Have State Banking 'Veto,' High Court Told

    Custodia Bank has received support from a pair of current and former senators and two other digital asset organizations in its fight with the Federal Reserve pending before the U.S. Supreme Court over a "master account."

  • August 13, 2026

    5th Circ. Restores Parts Of Hotly Contested Texas Voter Law

    The Fifth Circuit on Wednesday reversed a lower court ruling that blocked several provisions of Texas' 2021 election law on the grounds they make voting harder for those with disabilities, holding the plaintiffs had failed to establish standing for most of their claims and rejecting the remaining claim on the merits.

  • August 13, 2026

    8th Circ. Says Mid-Interview Deletions Allowed Phone Seizure

    An Eighth Circuit panel ruled that police did not violate the Fourth Amendment when they seized a phone from a South Dakota man accused of trying to trade vape pens to a 16-year-old for sex, saying they did not need a warrant because they saw him trying to delete evidence during an interview.

  • August 13, 2026

    Baby Food Cos. Near Ax Of Some ADHD, Autism Claims

    A California federal judge indicated on Thursday that she would grant summary judgment to a significant swath of claims in multidistrict litigation alleging lead and arsenic in baby food from Gerber, Beech-Nut, Walmart and others contributed to children's ADHD and autism, which follows her previous ruling that the plaintiffs' causation evidence was too unreliable.

  • August 13, 2026

    DirecTV Says Tegna Board Issue Proves Injunction Is Needed

    DirecTV is pointing the Ninth Circuit toward a recent court order clarifying that when a federal judge told Nexstar and Tegna to remain separate while a challenge to their $6.2 billion merger plays out, that also meant they weren't allowed to put Nexstar execs on Tegna's board of directors.

  • August 13, 2026

    Supreme Court's Apple App Store Pause Lifted After 24 Hours

    Following the expiration of a roughly 24-hour pause on the App Store dispute between Apple and Epic Games, Apple put a 15% commission on the table Thursday to try to comply with a mandate forcing it to dramatically cut what it charges for App Store sales.

  • August 13, 2026

    9th Circ. Says U. Of Wash. Is Immune From Vax Firing Suit

    A Ninth Circuit panel declined on Thursday to reinstate former University of Washington employees' claims that they were wrongfully fired after refusing the COVID-19 vaccination on religious grounds, concluding the university qualifies as an arm of the state that cannot be sued for civil rights violations under the relevant federal law.  

  • August 13, 2026

    Bristol-Myers Can't Duck UMB Suit Targeting Drug Approvals

    The Second Circuit on Thursday revived UMB Bank's suit alleging Bristol-Myers Squibb's slow-walking of the drug approval process caused investors to miss out on billions of dollars, rejecting the pharmaceutical giant's contention that the bank lacked standing to sue.

  • August 13, 2026

    7th Circ. Vacates Gun Sentence Over 'Conspiracy' Definition

    The Seventh Circuit has vacated a nearly eight-year prison sentence for an Indiana man convicted of gun possession as a felon, finding he was incorrectly given a crime of violence enhancement for a prior state charge that caused him to receive an inflated sentence.

  • August 13, 2026

    9th Circ. Revives $140M Robo-Surgery Antitrust Case

    The Ninth Circuit on Thursday revived a surgical instrument repair company's antitrust suit accusing the makers of the da Vinci surgical robot of illegally blocking third parties from repairing its instruments, ruling that a district judge erred in applying the U.S. Supreme Court's Kodak factors to the dispute.

  • August 13, 2026

    8th Circ. Partially Revives Iowa Adjuster Law Challenge

    The Eighth Circuit has revived a residential contractor's claim that its First Amendment rights were violated when the Iowa Insurance Division issued warning notices pursuant to the state's public adjuster laws, while affirming that the statutes are not unconstitutional on their face and not void for vagueness.

Expert Analysis

  • Trump Admin's Agency Records Purge Tests Judicial Notice

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    While courts commonly take judicial notice of data in government websites and reports, the Trump administration's recent modification or wholesale deletion of these sources means that litigants must look elsewhere to support trial admission of this information, says Jon Gryskiewicz at Lewis Baach.

  • Series

    Cow Horse Makes Me A Better Lawyer

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    Moving an unwilling 800-pound cow while riding a horse at high speed is exhilarating, a little unhinged and, at least for me, a surprisingly effective training ground for litigation — both demand focus, preparation over rigid planning and the willingness to act despite fear, says Ashley Zitrin at Glenn Agre.

  • Fla. Driver Ruling Shows Renewed Focus On Privacy Standing

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    A Florida federal court's recent dismissal of a class action alleging that private driving records had been improperly used in violation of the Driver's Privacy Protection Act suggests that companies defending against privacy class actions in Florida may reconsider Article III challenges at the dismissal stage, say attorneys at Sidley.

  • Vax Ruling Offers Employer Tips For Handling Political Speech

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    A California appeals court's recent decision in Rademacher v. ABC, rejecting a "General Hospital" actor's suit alleging he was terminated for opposing a vaccine policy, demonstrates the importance of the employer's process, including neutral policies, documentation, and evidence of who knew what and when, say attorneys at Krevolin Horst.

  • O Brother, Where Art DAO? Jurisdiction Issues Abound

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    While there is a dearth of decisions examining a decentralized autonomous organization's citizenship for diversity jurisdiction purposes, Second Circuit case law has defined citizenship for other unincorporated entities, which may guide how courts evaluate an increasing number of cases involving DAOs, says Michael Mix at Morrison Cohen.

  • Protecting AI-Driven Innovation In Life Sciences IP

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    Recent developments, including the U.S. Patent and Trademark Office's evolving inventorship standards, and the impact of artificial intelligence on the "person of ordinary skill in the art" standard demand that life sciences companies elevate AI patent strategy to a top priority, says Sandra Haberny at Quinn Emanuel.

  • 2nd Circ. Ruling Notably Limits Sentencing Courts' Discretion

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    The Second Circuit’s recent decision in U.S. v. Dralle clarifies the bounds of sentencing courts’ ability to consider uncharged or co-defendant conduct without tying it to statutory sentencing factors, and it may have broader implications for limiting loss attribution in white collar and other criminal cases, say attorneys at Lowenstein Sandler.

  • High Court's Hikma Decision Reshapes 'Skinny Label' Suits

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    The U.S. Supreme Court's decision in Hikma v. Amarin marks a significant victory for generic drug manufacturers, but rather than putting an end to so-called skinny label inducement claims, it narrows and refocuses them, say attorneys at Sterne Kessler.

  • Opinion

    At High Court, Oil Cos.' Suncor Preemption Claims Fall Short

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    In Suncor Energy v. Boulder County, pending before the U.S. Supreme Court, oil and gas companies argue that municipalities' climate deception claims are equivalent to emissions standards for their industry — but the suit is ultimately incapable of imposing such standards, say Thomas McGarity at the University of Texas School of Law and James Goodwin at the Center for Progressive Reform.

  • 3 Disgorgement Questions Linger After Justices' SEC Ruling

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    While the U.S. Supreme Court’s recent decision in Sripetch v. U.S. Securities and Exchange Commission avoided placing new limits on the SEC’s disgorgement powers, it passed over several questions, including whether the commission can seek disgorgement when returning the money to investors isn't possible, says David Slovick at Kopecky Schumacher.

  • Checking For AI Errors Is Now A Two-Way Street

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    A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

  • Opinion

    Federal Circuit Should Implement Mini En Banc Process

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    To fulfill its mission of uniformity in patent law while avoiding the challenges of en banc hearings, the Federal Circuit should institute mini en bancs — allowing regular three-judge panels to exercise en banc powers unless a majority of the court says otherwise, says Joshua Sohn at the U.S. Department of Justice.

  • What's Next After Justices' Last-Mile Driver Arbitration Ruling

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    The U.S. Supreme Court's recent decision in Flowers Foods v. Brock, refusing to narrow the scope of a Federal Arbitration Act exemption for workers engaged in interstate commerce, gives previously unprotected workers access to litigation, but preserves two potentially powerful arguments for future proceedings, say attorneys at Husch Blackwell.

  • Series

    The Biz Court Digest: Shoring Up Corporate Law In Maryland

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    Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

  • How End Of SEC 'Gag Rule' Affects Free Speech Certiorari Bid

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    The Securities and Exchange Commission's recent rescission of the so-called gag rule, which forbade defendants in settlements from denying the SEC’s allegations, may sway the outcome of a petition to the Supreme Court in a case challenging the rule on First Amendment grounds, say attorneys at Troutman.

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