Appellate

  • July 31, 2026

    Teck Asks Justices To Ax Wash. Tribal Cultural Loss Claims

    A Canadian mining company is asking the Supreme Court to reverse a Ninth Circuit ruling that revived Washington tribes' natural resource damages claims for alleged pollution of the Columbia River, arguing the appellate court upended an environmental cleanup statute's tradeoff between broad liability and limited remedies.

  • July 31, 2026

    Ala. Localities Can't Tax Only Railroads, 11th Circ. Says

    A federal court correctly ruled that Alabama localities could not impose sales taxes on rail carriers' diesel fuel purchases, because a corresponding state-level tax was found to be discriminatory and the authority to tax at the local level is granted by the state, the Eleventh Circuit said Friday.

  • July 31, 2026

    Corporate Settlors Can Owe Inheritance Tax, UK Tribunal Says

    The U.K.'s inheritance tax can apply to a corporate settlor of a trust when the trustees aren't domestic residents, the Upper Tribunal said Friday in a decision involving a company challenging its liability for the tax in relation to a Jersey trust.

  • July 31, 2026

    Split 3rd Circ. Says Pa. Town Wrongly Limited Jewish Worship

    A Northeast Pennsylvania town's zoning code placed unacceptable burdens on the religious exercises of an Orthodox Jewish congregation using two properties for worship, instruction and communal living, a split Third Circuit panel said in an opinion ordering the properties to be reopened.

  • July 31, 2026

    Pa. Panel Again Says 'Clickwrap' Arbitration Unenforceable

    The Pennsylvania Superior Court has reiterated that "clickwrap" arbitration agreements are unenforceable, holding in the case of an amusement park patron dissatisfied over a roller coaster closure that the inconspicuous digital disclaimers weren't enough to deny a litigant's right to a jury trial.

  • July 31, 2026

    Dad's Role In Smuggling Son Blocks Bid To Cancel Removal

    The Board of Immigration Appeals on Friday denied a Guatemalan man's efforts to stop his deportation, saying his alleged use of a smuggler to bring his child to the United States showed he was not a person of "good moral character."

  • July 31, 2026

    Fla. Tells 11th Circ. Migrant Transport Law Isn't Preempted

    Florida urged the Eleventh Circuit on Friday to reverse an injunction blocking a state law that criminalizes the transportation of immigrants living in the country illegally, arguing that the law's challengers are reading the state law too broadly.

  • July 31, 2026

    UK Estate Loses Inheritance Tax Break For London Offices

    The executors of a deceased man's estate are not eligible for a 100% inheritance tax break on his London-based serviced offices because they were an investment rather than a trade, the Upper Tribunal said in a judgment.

  • July 31, 2026

    Justices Asked To Clarify Arbitrator Bias Vacatur Rule

    The U.S. Supreme Court is being asked to clarify the standards under which an arbitral award can be vacated, in a petition that seeks to nix an award favoring a nursing home issued by an arbitrator who failed to disclose a previous censure over improper campaign contributions.

  • July 31, 2026

    Insulet Urges Full Fed. Circ. To Revive $59M Trade Secret Win

    Insulin product developer Insulet Corp. has asked the full Federal Circuit to hear its arguments for reinstating a jury's $59.4 million trade secret theft verdict against EOFlow Co. Ltd., saying a split panel decision overturning the award reached a timeliness issue that was not mentioned by either party.

  • July 31, 2026

    Fed. Circ. Says Sapphire-Backed Watches Must Face Duties

    Imported Richard Mille luxury watches with synthetic sapphire crystal case-backs cannot qualify for duty-free treatment, the Federal Circuit affirmed.

  • July 31, 2026

    1st Circ. Says Boston Outdoor Dining Rules Not Biased

    The First Circuit rejected claims by a group of restaurant owners in Boston's Little Italy that Mayor Michelle Wu singled them out for stricter enforcement and impact fees related to outdoor dining because they are predominantly white and of Italian descent.

  • July 31, 2026

    NJ Detention Center Access, Gun Liability: A Midyear Report

    As the second half of 2026 unfolds, New Jersey courts will grapple with disputes testing the limits of state authority and examining gun-industry accountability.

  • July 30, 2026

    Minneapolis' Former Top Public Defender Gets Disbarred

    The Minnesota Supreme Court on Wednesday disbarred Hennepin County's former chief public defender after he was convicted of felony tax evasion and found to have misappropriated client funds, calling his actions "the most serious types of attorney misconduct."

  • July 30, 2026

    9th Circ. Reverses Hologenix CEO's Tortious Interference Loss

    A Ninth Circuit panel reversed a $2.5 million judgment Thursday against Hologenix CEO Seth Casden by finding a district court erred in ruling the executive is not immune from a tortious interference claim while also reversing a Lanham Act disgorgement award totaling nearly $3 million.

  • July 30, 2026

    Split 4th Circ. Says NC Vape Sale Limits Pass Preemption Test

    A divided Fourth Circuit on Thursday refused to block a new North Carolina law that regulates and prohibits the sale of certain e-cigarette or "vape" products, saying a coalition of vape retailers and manufacturers are not likely to prevail on their theory that the statute is preempted by federal law.

  • July 30, 2026

    Enbridge Loses 7th Circ. Wis. Trespass Row, Gets $5.2M Redo

    The Seventh Circuit upheld a decision holding that Enbridge Energy is trespassing on Wisconsin tribal lands, but vacated and remanded a $5.2 million restitution order and timeline for a portion of the Line 5 pipeline's removal, saying the company needs a "reasonable opportunity" to complete the proposed reroute.

  • July 30, 2026

    Valve Scores Quick Appeal In Gamer Arbitration Clause Fight

    A Seattle federal judge on Thursday granted Valve Corp.'s bid for a quick appeal of an order declining to halt antitrust arbitrations brought by hundreds of individual gamers, pausing the litigation for the video game developer to seek the Ninth Circuit's input on whether the arbitrations can proceed under its subscriber terms.  

  • July 30, 2026

    Disney, Cameron Get 'Avatar' Sequels IP Suit Nixed, For Now

    A California federal judge Thursday tossed an author's suit accusing the Walt Disney Co., film director James Cameron and Cameron's production company of ripping off the author's work to create "Avatar" movie sequels, saying any substantial similarities between the works should be better fleshed out should the writer amend his complaint again.

  • July 30, 2026

    Tesla Tells Justices USPTO Is 'Gutting' Patent Reviews

    Tesla Inc. has become the latest company to ask the U.S. Supreme Court to review limits that the U.S. Patent and Trademark Office has put on patent challenges, arguing that the office is "gutting" the review system created by the America Invents Act.

  • July 30, 2026

    Health Plans Ask 2nd Circ. To Revive Celgene Cancer Drug Row

    Health plans and pharmacies backed by Cigna are asking the Second Circuit to revive a proposed class action alleging Bristol-Myers Squibb Co. and its Celgene subsidiary fraudulently obtained patents, filed sham lawsuits and paid off generic-drug makers to maintain a monopoly on the blockbuster blood cancer drug Pomalyst.

  • July 30, 2026

    Wells Fargo Can't Collect $4M 'Stranger' Policy, 8th Circ. Says

    The Eighth Circuit on Thursday upheld a ruling that an insurer does not have to pay out a $4 million life insurance policy to Wells Fargo Bank NA, finding the policy taken out on the now-deceased man was void because it was obtained through a scheme meant to benefit investors.

  • July 30, 2026

    2 More Circuits Reject No-Bond Rule For Interior ICE Arrests

    Split Seventh Circuit and Ninth Circuit panels ruled Thursday that noncitizens arrested in the interior U.S. cannot be detained without bond, joining four other circuits that have rejected the Trump administration's policy of subjecting these noncitizens to mandatory detention.

  • July 30, 2026

    PLO Asks Justice Sotomayor To Halt $655M Terror Judgment

    The Palestine Liberation Organization has asked the U.S. Supreme Court to stay enforcement of a $655.5 million terrorism judgment, saying the Second Circuit had no power to revive a decade-old award that had already become legally void.

  • July 30, 2026

    11th Circ. Revives Nonprofit's Bias Suit Over COVID Grants

    The Eleventh Circuit on Wednesday revived part of a Florida nonprofit's suit challenging the denial of two COVID-19 relief grants, finding that the group had sufficiently alleged it was discriminated against because of racial bias and its association with a pan-African movement.

Expert Analysis

  • Insurance Ruling Extends NY Bad Faith To 3rd-Party Coverage

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    In Renergy v. Mt. Hawley Insurance, a New York federal court recently granted a policyholder leave to amend its complaint to clarify a bad faith claims handling cause of action, confirming, after nearly 20 years, that bad faith damages are available in the third-party liability context, say attorneys at Barnes & Thornburg.

  • Opinion

    Rule Of Law Requires Gov't Engagement With Bar, Not Retreat

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    A federal agency's absence from national and local bar conferences, most recently illustrated by the U.S. Department of Justice's withdrawal from a New York City Bar Association white collar conference, disserves the bar, the government lawyers themselves and, ultimately, the administration of justice, says Muhammad Faridi at Linklaters.

  • Fed. Circ. Clarifies Standard For Contesting CICA Overrides

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    The Federal Circuit's recent holding in Life Science Logistics strengthens the hand of protesters facing an override of the Competition in Contracting Act stay, and a Court of Federal Claims decision the same day demonstrates that how a protester frames its requested relief remains critically important, says Richard Arnholt at Bass Berry.

  • The Paradoxical Duty To Adopt AI When You Can't Bill For It

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    Both billing for hours saved using artificial intelligence and preserving billable time by not adopting AI may violate rules of professional conduct, but until bar associations' ethics rules catch up to this emerging economic dilemma, firms must decide how to adjust fee structures themselves, says Ines Lassalle at Peyrot & Associates.

  • 4 Emerging Limits Of Employer Mental Health Notice Defense

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    A California appeals court's recent decision in Husband v. Target, addressing when an employer knows about an employee's undisclosed disability, leaves open questions about how changes in mental health awareness and workforce monitoring tools may raise the bar for what employers can claim not to know, says Benjamin Heller at RFZ Law.

  • Raptors Ruling Shows Risks Of Calif. Enviro Suit Intervention

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    Intervention in California environmental litigation can allow businesses to help defend agency approvals, but after a state appeals court's recent ruling in Raptors Are the Solution v. CropLife America, it is clear that intervention also carries a price — and that courts will hold parties accountable for the full arc of their litigation conduct, says Thierry Montoya at FBT Gibbons.

  • A Decade Later, Escobar Is Still Shaping FCA Cases

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    The U.S. Supreme Court's decision 10 years ago in Universal Health Services v. U.S. ex rel. Escobar changed the way in which lower courts evaluate False Claims Act cases — and the ruling remains vital in nearly every FCA case filed today, say attorneys at Bradley Arant.

  • Sripetch May Prove To Be An Empty Victory For The SEC

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    The U.S. Supreme Court's recent decision in Sripetch v. U.S. Securities and Exchange Commission held that the SEC need not prove pecuniary harm for disgorgement, but if the commission must still identify victims and distribute funds in a compensatory way, it faces the same economic problem as before the ruling, says Erin Smith at Compass Lexecon.

  • 9th Circ. Cooler Ruling Chills 1st Mover Lanham Act Claims

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    The Ninth Circuit's recent decision in Vericool World v. Igloo Products that Vericool's claim of being first-to-market with an ecocooler was not actionable under the Lanham Act largely foreclosed false advertising litigation over first mover status, so potential plaintiffs should instead look to patent counseling or intellectual property strategy for these claims, say attorneys at Manatt.

  • Mapping 5 Fronts Of The Prediction Markets Regulatory Battle

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    The legal framework governing prediction markets is under simultaneous challenge in five independent areas, and the outcomes will determine not just who can operate prediction markets, but the compliance obligations of every participant in the ecosystem, says Ivor Wolk at Manatt.

  • Patent Ruling Highlights Risks Of Late Inventorship Fixes

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    The Federal Circuit's recent decision in Implicit v. Sonos demonstrates the risk of forfeiture with retroactive correction of inventorship in inter partes review proceedings, with a clear message to the patent community that potential inventorship issues should be considered at every stage of a patent's life cycle, say attorneys at BCLP.

  • Adjusting IPR Tactics As Google Fights 'Settled Expectations'

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    Google’s petition for the U.S. Supreme Court to scrutinize the Patent Trial and Appeal Board's so-called settled expectations practice underscores why accused infringers facing older asserted patents should treat discretionary denial as a case-dispositive risk from day one, says attorney Abdul Abdullahi.

  • 3 Misconceptions About Justices' FCC Fines Ruling

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    The U.S. Supreme Court's June 4 Federal Communications Commission v. AT&T decision rejecting AT&T’s and Verizon’s argument that the commission's forfeiture process violates the Seventh Amendment has yielded three common reactions that misunderstand the decision as a matter of law and how the FCC actually operates, says Samuel Feder at Jenner & Block.

  • SEC Disgorged Fund Distribution Is Next Query After Sripetch

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    Following the Supreme Court's Sripetch v. U.S. Securities and Exchange Commission decision, investor harm isn't required for the SEC to obtain a disgorgement award, but future cases must resolve whether the commission will be freed from a requirement to distribute disgorged funds to the victims of alleged misconduct, says Daniel Walfish at Katsky Korins.

  • If Upheld, Wash. Millionaire Tax Could Upend State Law

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    The Washington Supreme Court could open the door to broader income, rental and corporate taxes if it defies precedent and the historically established desires of voters by redefining the state constitution's concepts of “income” and “property” to uphold a new tax on wages over $1 million, says Richard Birmingham at Davis Wright.

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