Appellate

  • October 27, 2026

    CrowdStrike Wants Fed. Circ. To Ship Patent Case To Calif.

    Cybersecurity company CrowdStrike wants the Federal Circuit to force a Texas federal judge to send a suit accusing it of infringing a series of patents owned by an arm of Arizona State University to California.

  • October 27, 2026

    Texas Panel Reinstates Home Invasion Shooting Convictions

    A Texas appeals court on Tuesday reversed a lower court's grant of a new trial to a man convicted of shooting his ex-wife five times during a home invasion, ruling he did not prove the evidence against him was insufficient or that a prosecutor's arguments during the initial trial were improper.

  • October 27, 2026

    Courts Take On Lilly GLP-1 Ads, J&J Mesothelioma Trial, More

    Law360 Healthcare Authority looks at a Novo Nordisk loss in its challenge to Eli Lilly's GLP-1 advertising, an Ohio verdict in wrongful death litigation over Johnson & Johnson's talc baby powder and other legal news from the past week.

  • October 27, 2026

    High Court Refuses To Undo Texas Immigration Rule Deal

    U.S. Supreme Court Justice Samuel Alito on Tuesday denied a request from three cities and an advocacy group to undo a consent judgment approved by a Texas federal judge that vacated a rule that allowed immigration courts to temporarily close cases.

  • October 27, 2026

    IRS Asks 1st Circ. To Toss Shuttered Bank Owner's Claims

    The IRS asked the First Circuit to dismiss unlawful property seizure and due process claims against former IRS Criminal Investigation officers in a dispute related to a shuttered online bank suspected of facilitating tax evasion and money laundering, saying the bank's former owner failed to establish plausible allegations.

  • October 27, 2026

    7th Circ. Revives Bakery's Suit Over Business License Denial

    A bakery owner who was refused a business license after hosting an event featuring "infused" treats can revive her constitutional lawsuit against officials of a Chicago suburb, the Seventh Circuit ruled Monday, finding that a lower court wrongly concluded the suit was barred because she had previously challenged the denial in state court.

  • October 27, 2026

    Atty Who Copped To Tax-Dodging Gives Back Law License

    The Georgia Supreme Court on Tuesday accepted an attorney's voluntary surrender of his law license, finding his removal from the state bar was appropriate after he pleaded guilty to tax evasion charges.

  • October 27, 2026

    Disney Says Fubo Can't Appeal Arbitration Order

    Disney has asked a California federal court to deny Fubo subscribers certification of an interlocutory appeal as they fight an order to arbitrate their case over streaming rates, saying they failed to satisfy the requirements for it.

  • October 27, 2026

    7th Circ. Says Compilation Copyright Doesn't Cover Article

    The Seventh Circuit has held that a publishing organization's copyright on a collection of writings doesn't automatically confer copyright protection on an individual article within that collection, affirming summary judgment in favor of two individuals who published that article as part of a book.

  • October 27, 2026

    4th Circ. Says W.Va. Daniel's Law Is Unconstitutional

    The Fourth Circuit on Tuesday affirmed a district court determination striking down as unconstitutional West Virginia's law restricting the publication of the home addresses and phone numbers of law enforcement and judicial officials, saying the district court applied "well-established" First Amendment principles.

  • October 27, 2026

    Calif. Appeals Court Nixes Arbitration Of Ex-Tech's PAGA Suit

    California workers can pursue representative claims under the state's Private Attorneys General Act without bringing individual claims, even after the law's 2024 amendments, a California appeals court ruled, rejecting an agricultural equipment company's bid to force a former employee into arbitration.

  • October 27, 2026

    Texas Top Court Takes Up Dallas Short-Term Rental Battle

    The Supreme Court of Texas has agreed to hear a dispute over short-term rental property regulations in Dallas, granting the city's petition to review a state appellate ruling that upheld an injunction against a pair of ordinances.

  • October 27, 2026

    5th Circ. Revives Ex-Union Pacific Conductor's ADA Case

    The Fifth Circuit reinstated a suit from an ex-conductor who said Union Pacific wouldn't let him return to his job after passing a color vision test, rejecting the company's claim that he had waited too long to lodge his claims after being excluded from a similar class action.

  • October 27, 2026

    2nd Circuit Rejects Venezuela's Bid To Void $3B In Bonds

    Nearly $3 billion in defaulted Venezuelan bonds should not be blocked from enforcement under the country's domestic law, the Second Circuit ruled Tuesday.

  • October 26, 2026

    Pa. Panel Revives Clarks Website Visitor's Wiretap Suit

    A Pennsylvania appellate court has reversed the toss of a proposed class action accusing shoe retailer Clarks of violating the state's wiretap law by sharing website visitors' information with a third-party analytics provider, finding that it wasn't clear whether consumers had adequate notice of the company's data practices.

  • October 26, 2026

    11th Circ. Says Stash House Acts Can Boost Drug Sentences

    The Eleventh Circuit upheld the roughly 20-year prison sentence for a Florida man who participated in an illicit drug enterprise, ruling in a published but split opinion that a person can receive extra prison time for "stash houses" used by co-conspirators, even in instances where the defendant did not personally own or rent the property.

  • October 26, 2026

    Justices Won't Nix Stay In La. Coastal Damages Suit

    The U.S. Supreme Court on Monday rejected Louisiana's emergency request to erase a Fifth Circuit stay that prevented one of its parishes from litigating coastal damage claims against an oil and gas company in state court.

  • October 26, 2026

    Conn. Justice Insists PTSD A 'Physical' Injury In Comp Case

    A Connecticut Supreme Court justice told counsel for the town of East Hartford on Monday that post-traumatic stress disorder is a physical injury, even though it is not observable with X-rays and other medical detection methods, and it is "nonsense" to suggest otherwise amid workers' compensation litigation.

  • October 26, 2026

    Pa. Court Affirms $9.5M Verdict Over Botched Vasectomy

    A Pennsylvania appellate panel Monday affirmed a $9.5 million verdict in a suit accusing a doctor of botching a man's vasectomy that caused the loss of a testicle, saying the verdict was supported by sufficient evidence.

  • October 26, 2026

    9th Circ. Says Judge Misread Bisexuality In Asylum Case

    A panel of the Ninth Circuit has revived a bisexual Russian man's bid for asylum, ruling that an immigration judge's conclusion that he was not bisexual because he'd never had sex represented a fundamental misunderstanding of bisexuality.

  • October 26, 2026

    Stellantis Tells 2nd Circ. To Reject Car Inventory Fraud Suit

    Stellantis and two former executives have told the Second Circuit that a New York federal judge correctly dismissed a proposed securities fraud class action accusing the automaker of loading dealerships with excess vehicle inventory in order to pump up Stellantis' operating margins.

  • October 26, 2026

    Conn. Town Appeals Loss In $11M Quarry Deal Coverage Case

    A Connecticut town will challenge a federal judge's ruling that several insurers are free of any coverage obligations for an $11 million settlement over the politically motivated shutdown of a local quarry, court records show.

  • October 26, 2026

    11th Circ. Nixes Challenge To Ga. Campaign Finance Law

    The Eleventh Circuit on Monday shut down a political action committee's lawsuit alleging a state campaign finance law unlawfully favored a rival to its preferred gubernatorial candidate, Georgia Secretary of State Brad Raffensperger, concluding that the end of Raffensperger's campaign nullified the case.

  • October 26, 2026

    Whiskey Co. CEO Loses Shot At Halting Ch. 11 Asset Sale

    A Tennessee federal judge has denied an attempt by the chief executive of a whiskey maker to block asset sale efforts by the company's receiver pending an appeal of the court's decision to keep the receivership in place.

  • October 26, 2026

    Farmworker Seeks Higher Atty Fees, Citing 9th Circ. Ruling

    A farmworker and a union urged a Washington federal court to increase a previous attorney fee award to nearly $430,000 following a recent Ninth Circuit decision in their favor, arguing they are entitled to more fees due to their success in challenging the federal government's agricultural wage survey methodology.

Expert Analysis

  • Opinion

    Birthright Citizenship Dissents Belie Originalist Interpretation

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    The three dissents in the U.S. Supreme Court's recent birthright citizenship decision clashed with originalist readings of the Constitution, applying the 14th Amendment more narrowly than its drafters, and by applying contemporary and living document approaches to constitutional interpretation, says Ediberto Roman at Florida International University.

  • Navigating The Limits Of Calif. Justices' Public Pension Ruling

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    Despite the California Supreme Court's recent holding that counties and cities wield discretion over classification and salary decisions for their public retirement board staff, it is important to remember that such authority is not unchecked as unreasonable rejections remain subject to judicial review, say attorneys at Reed Smith.

  • 3 Rulings Show High Court's Transnational Litigation Stance

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    The U.S. Supreme Court's most recent term closed with three consequential decisions for transnational litigation that illustrate the court's readiness to enforce a Congress-created cause of action for overseas conduct and unwillingness to create this liability itself, say attorneys at WilmerHale.

  • Del. High Court Ruling Signals Next Post-Jarkesy Phase

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    The Delaware Supreme Court recently ruled in Swan Energy v. Investor Protection Unit that the jury trial principles underlying the U.S. Supreme Court’s Jarkesy opinion do not compel the same result under the state's constitution, offering state courts a road map for the next phase of administrative enforcement litigation, says Benjamin Lajoie at Nelson Mullins.

  • How 'Settled Expectations' Affect Amazon's Patent Program

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    Whether the U.S. Supreme Court decides to weigh in on the U.S. Patent and Trademark Office's "settled expectations" framework could have significant consequences for how patent owners and accused sellers approach disputes in Amazon's patent evaluation process, says Barry Greenbaum at Olshan Frome.

  • Fla. Justices Give Trial Judges More Dismissal Discretion

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    The Florida Supreme Court's recent decision in Publix Supermarkets Inc. v. Goga confirmed that appellate courts should not apply a heightened standard when reviewing severe sanctions for fraud on the court, granting greater deference to trial courts, says Brent Hartman at RumbergerKirk.

  • Opinion

    2nd Circ. Tylenol Ruling Misapplies Daubert Gatekeeping

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    The Second Circuit's recent ruling in Rutledge v. Walgreen Co., holding that a lower court should not have excluded experts alleging links between prenatal acetaminophen use and autism, threatens to swallow the Daubert standard by limiting courts' consideration of scientific consensus in assessing reliability of expert testimony, say attorneys at Benesch.

  • Limiting Employer Risk If Calif. Case Upends Time Rounding

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    The California Supreme Court's holdings in recent years suggest that it may tighten the rules for — or even eliminate — time clock rounding when it decides Camp v. Home Depot, so employers should consider taking preemptive steps to guard against large potential liability, says Jacqueline Crispino at the Jhaveri-Weeks Firm.

  • AG Watch: Va. Auto Renewal Law Clears Enforcement Path

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    The most consequential aspect of recent amendments to Virginia's automatic renewal law is the enforcement authority it creates, giving the attorney general a clear statutory pathway to pursue cases involving subscription-related compliance failures under the Virginia Consumer Protection Act, says Chuck Slemp at Cozen O'Connor.

  • 4th Circ. Boeing Class Cert. Ruling May Have Limited Reach

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    While the Fourth Circuit's recent decision to reverse class certification against Boeing appears to potentially create a circuit split or heighten the standards for achieving class certification, that conclusion overlooks the decision's very specific circumstances, and its impact will likely be limited outside the circuit, say attorneys at Bleichmar Fonti.

  • Fed. Circ.'s Shaping Of Tech Patent Doctrine Resembles EPO's

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    The Federal Circuit's recent decision in Ceiva v. Amazon crystallizes an informal U.S. heuristic, "a technological solution to a technological problem," rewarding emphasis of a traceable chain from a problem to a solution — a lesson similar to the European Patent Office's "technical character" terminology, says Brandon Theiss at AddyHart.

  • Opinion

    After Monsanto, Defense Bar Must Build Case Against Lohr

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    The U.S. Supreme Court's recent decision in Monsanto v. Durnell has helped to demolish the foundation for its problematic 1996 ruling in Medtronic v. Lohr — so now defense counsel should lay the groundwork for the high court to overturn Lohr, say attorneys at Blank Rome.

  • Justices' FTC Ruling Weakens Qui Tam's Constitutional Base

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    The U.S. Supreme Court’s holding in Trump v. Slaughter, expanding presidential control over those exercising executive power, suggests that courts may be receptive to arguments challenging the constitutional foundations of the False Claims Act’s qui tam mechanism, says Daniel Passeser at Wiggin.

  • 9th Circ. Rule Block Unlikely To Deter FinCEN Cartel Focus

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    The Ninth Circuit recently blocked the Financial Crimes Enforcement Unit's border cash reporting rule, interpreting it as an impermissible use of an emergency anti-money laundering tool, but regulators are more likely to see the opinion as a road map for building a more defensible rule, say attorneys at Bradley Arant.

  • 5 Financial Statement Fraud Red Flags To Spot Post-Sripetch

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    The U.S. Supreme Court recently held in Sripetch v. U.S. Securities and Exchange Commission that disgorgement exists to strip a wrongdoer of unjust enrichment, not merely to compensate victims for what they lost, shifting the work at the center of securities fraud cases in five ways, says Rand Manasse at Green Lane Partners.

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