Appellate

  • July 14, 2026

    Alex Jones' Co. Balks At Sandy Hook Victims' Stay Appeal

    Right-wing conspiracy theorist Alex Jones' media company has urged the Texas Supreme Court to reject a bid by victims of the Sandy Hook Elementary School shooting to license his website, Infowars, to The Onion, arguing the request is defective and the satire publication is already damaging the brand.

  • July 14, 2026

    Ex-Commissioner Urges Colo. Panel To Revive Fee Award Bid

    A former Colorado county commissioner urged the state's appellate court Tuesday to overturn a lower court decision rejecting her bid for the board of commissioners to reimburse her attorney fees for defending against a county-led misconduct investigation.

  • July 14, 2026

    8th Circ. Says Judge Must Explain Community Service Term

    A Missouri man who had his sentence commuted as one of the final official acts of President Joe Biden will continue to be incarcerated after the Eighth Circuit on Tuesday refused to overturn a finding that he violated his probation while in a halfway house.

  • July 14, 2026

    Google Is Wrong, 'Settled Expectations' Is Legal, Justices Told

    Software company VirtaMove has argued that the U.S. Supreme Court should ignore Google's challenge to the U.S. Patent and Trademark Office's policy of using the age of patents as a reason to not review them, saying Google's fight is based on a false foundation.

  • July 14, 2026

    8th Circ. Upholds K-9 Sniff Search In Iowa Meth Bust

    The Eighth Circuit has ruled that an Iowa man who pled guilty to drug possession did not have his constitutional rights violated when a police dog discovered narcotics and firearms in his car, finding that the precipitating traffic stop was not unreasonably delayed by the canine's search.

  • July 14, 2026

    Texas 3% Corporate Law Unfit For Federal Courts, 5th Circ. Told

    A Southwest Airlines Co. shareholder told the Fifth Circuit that Texas' new corporate reform law cannot bar federal lawsuits just because a shareholder owns less than a certain amount of stock, saying the appellate court should revive his lawsuit.

  • July 14, 2026

    Gov't Shouldn't Face Vax Suit Targeting Moderna, Group Says

    Conservative advocacy organization Eagle Forum Education & Legal Defense Fund on Tuesday urged the Federal Circuit to reject a proposal to shift a multibillion-dollar patent infringement case over the COVID-19 vaccine that is targeting Moderna to the federal government, saying doing so would reduce the crucial economic incentives that power innovation in the pharmaceutical industry.

  • July 14, 2026

    Norfolk Southern Asks High Court To Revisit Mallory Case

    Norfolk Southern said Tuesday that the U.S. Supreme Court's 2023 Mallory ruling invited plaintiffs lawyers to wield state business-registration laws to sue out-of-state companies, and the dispute urgently needs to be revisited to stop litigants from unconstitutionally interfering with interstate commerce.

  • July 14, 2026

    DC Circ. Asked To Force FCC's Hand On Petition Against Fox

    An advocacy group urged the D.C. Circuit Tuesday to compel the Federal Communications Commission to review Fox's character fitness as a broadcast licensee after its Philadelphia TV station aired Fox News' 2020 cable election coverage rather than let stand a staff level decision dismissing the group's petition.

  • July 14, 2026

    Mich. Panel Says Airbnb Guest Is Condo Invitee In Injury Suit

    An Airbnb guest who broke his arm after slipping on ice at a northern Michigan condominium complex can proceed with his lawsuit after a state appeals court ruled for the first time that short-term renters are invitees of condominium associations when using common areas. 

  • July 14, 2026

    10th Circ. Revives False Ad Claims Against Hill's Pet Food

    The Tenth Circuit on Tuesday revived part of a proposed class action accusing a pet food maker of falsely claiming a link between grain-free dog food and canine heart disease, holding that some of its webpages and veterinary education materials could be viewed as promoting its grain-based products through unsupported scientific claims.

  • July 14, 2026

    1st Circ. Backs CDC Ban On Importing Dogs Under 6 Months

    The First Circuit has upheld a rule requiring all dogs imported into the U.S. to be at least six months of age, saying the federal Centers for Disease Control and Prevention had shown it was a reasonable measure to fight rabies.

  • July 14, 2026

    GEO Appeals Order Letting Wash. Inspect Tacoma ICE Site

    The GEO Group Inc. has appealed to the Ninth Circuit a federal judge's order instructing the prison contractor to allow Washington state health officials access to a U.S. Immigration and Customs Enforcement processing center in Tacoma.

  • July 14, 2026

    DOJ Asks 9th Circ. Undo Trans Health Ruling Against Premera

    The federal government has backed Premera Blue Cross in its bid at the Ninth Circuit to overturn a Washington federal court's judgment that held the insurance company's coverage policy for gender dysphoria surgery is discriminatory, arguing the decision is out of line with U.S. Supreme Court precedent.

  • July 14, 2026

    DirecTV's Collusion Case Against Nexstar Survives Dismissal

    A New York federal court has refused to toss DirecTV's antitrust case accusing Nexstar Media Group of using a pair of broadcast station owners to demand excessive retransmission fees, after a split Second Circuit panel revived the claims.

  • July 14, 2026

    Fed. Circ. Won't Revive Eyewear Tech Patent Claims

    The Federal Circuit on Tuesday shot down an attempt to bring back claims in a patent covering a sensor in eyewear meant to detect human eye movement, affirming a Patent Trial and Appeal Board decision that the claims were obvious.

  • July 14, 2026

    Ceiling Tile Injury Suit Is Med Mal, Texas Panel Says

    A Texas appeals court has thrown out a woman's suit against a hospital alleging she was injured by a falling ceiling tile while waiting to give birth, saying the fact she was in the middle of medical treatment and also sought claims for lack of follow-up treatment, means her suit is medical malpractice.

  • July 14, 2026

    Justices Seek More Funds Over Increased Threats, Talk Ethics

    U.S. Supreme Court Justices Amy Coney Barrett and Elena Kagan made rare Capitol Hill appearances Tuesday, discussing the court's budget request for fiscal 2027, the "shadow docket" and ethics issues.

  • July 14, 2026

    Clinics Want Medicaid Abortion Stay Lifted After Pa. Court Win

    Allegheny Reproductive Health Center and other healthcare providers on Tuesday asked a Commonwealth Court judge to unfreeze money for Medicaid-funded abortions in Pennsylvania following the court's landmark ruling that the state's coverage exclusions for such abortions were unconstitutional.

  • July 14, 2026

    7th Circ. Backs $25K Cap On 'Business Property' Lost In Fire

    A Chubb unit properly limited coverage to $25,000 for the contents of an Illinois mansion that was destroyed in a lightning-sparked fire, the Seventh Circuit ruled, saying the use of the contents for commercial purposes barred the owner from accessing a higher $3.5 million coverage limit.

  • July 14, 2026

    Litigation Funder Can Keep Award Under Pre-Injury Case Deal

    A litigation funder can keep a $166,000 award from settlement proceeds in a personal injury case, a New Jersey state appeals court ruled Tuesday, finding the business was entitled to the payout after having covered the funding recipient's medical care.

  • July 14, 2026

    Mass. Justices Say Town's Solar Permit Denial Unjustified

    A single zoning board member's objection to tree clearing cannot be the basis for a small Massachusetts town to deny a permit for a solar array, the state's highest court ruled Tuesday.

  • July 14, 2026

    5th Circ. Undoes BP Retirees' Pension Info Suit Win

    The Fifth Circuit unraveled a Texas court's judgment against BP that held the oil giant was liable to company retirees for miscommunicating their pension benefits' value following a plan conversion, holding on Tuesday that the lower court didn't perform a rigorous enough standing analysis.

  • July 14, 2026

    Fla. Judge Denies Endorsing Violence In Courtroom Remarks

    A Florida state judge on Monday denied that his remarks from the bench endorsed violence and said his comments do not disqualify him from holding judicial office, but still expressed regret over the incident.

  • July 14, 2026

    News Orgs Need To Show AI Uses More Than Just Facts

    News organizations suing artificial intelligence companies for allegedly infringing their copyrighted content for AI training must show that chatbots are using the organizations' prose as opposed to merely uncopyrightable facts, or that the practice is diluting the market for human-made journalism, experts told Law360.

Expert Analysis

  • Startup Founder Disputes Increasingly Turn On Governance

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    Recent Delaware developments suggest that as courts place increasing emphasis on board process, independence and oversight in founder-led startups, the growing intersection of governance, technology risk and investor oversight is accelerating both the emergence and escalation of founder disputes, says mediator Frank Burke.

  • 3 AI Adoption Mistakes GCs Should Avoid

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    The pressure in-house legal teams face to quickly adopt artificial intelligence tools, combined with budget constraints and the need to evaluate a crowded market of options, sets the stage for implementation mistakes that are often difficult to undo, says former 23andMe general counsel Guy Chayoun.

  • Series

    Playing Basketball Makes Me A Better Lawyer

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    My grandfather used to say "I wear your jersey" as shorthand for wholly committing to support someone with loyalty and integrity — ideals that have shaped my life on the basketball court and in legal practice, says Tracy Schimelfenig at Schimelfenig Legal.

  • Salt-N-Pepa Suit May Shake Up Music Copyright Issue

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    James v. UMG Recordings is a copyright termination rights case that provides an opportunity for the Second Circuit to make concrete choices about grant language, authorship, work-for-hire status and survival of derivative works, says attorney Abdul Abdullahi.

  • Opinion

    5th Circ.'s Abortion Pill Order Is Shaky On Multiple Grounds

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    The Fifth Circuit's recent order in Louisiana v. U.S. Food and Drug Administration, reinstating an in-person dispensing requirement for the abortion medication mifepristone, seems to turn federalism upside-down, and is also questionable for several other reasons, says Gregory Curtner at Curtner Law.

  • Series

    The Biz Court Digest: Georgia Court Has Business On Its Mind

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    Thanks to recent legislation, the Georgia State-wide Business Court will soon offer business litigants greater access to the court than ever before, further enhancing the court's emphasis on efficiency, predictability and accessibility for sophisticated commercial disputes, says former GSBC judge Walt Davis at Jones Day.

  • 5 Takeaways From Justices' Subpoena Fight Ruling

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    The U.S. Supreme Court's recent decision in First Choice v. Davenport fortifies a line of First Amendment associational privacy cases stretching back nearly 70 years, and ensures that organizations subject to government demands for donor information have a meaningful federal forum in which to defend their constitutional rights, say attorneys at DLA Piper.

  • Where The Preemption Fight Over Prediction Markets Stands

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    While the Third Circuit's recent ruling in Kalshi v. Flaherty remains a significant win for the federal government in its quest to regulate prediction markets, the Fourth, Sixth and Ninth Circuits appear more skeptical, indicating that this fight is likely headed for the Supreme Court, says Johnny ElHachem at Holland & Knight.

  • Md. Justices' State Climate Tort Ban May Shape National Path

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    The Maryland Supreme Court’s recent ruling that federal law preempted state-level deceptive marketing tort claims brought by several municipalities could offer the U.S. Supreme Court a road map to use in the pending Suncor Energy v. Boulder County case to exclude states from the business of regulating global emissions, say attorneys at ArentFox Schiff.

  • 4 Emerging Approaches To AI Protective Order Language

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    Over the last year, at least five federal district courts have issued or analyzed specific protective order provisions restricting the use of generative artificial intelligence platforms with protected materials, establishing that proactive AI-specific provisions are now standard practice and demonstrating that no single model works for every case, says Joel Bush at Kilpatrick.

  • What Justices Are Focusing On In 'Skinny Label' Patent Case

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    Though Hikma v. Amarin appears to be a patent dispute that could reshape inducement doctrine in the pharmaceutical context, oral argument suggests the U.S. Supreme Court may treat this as primarily a pleading-stage dispute, with important unresolved questions lurking beneath the surface, says Shashank Upadhye at Upadhye Tang.

  • Employer Tips After 4th Circ. Rejects Trimmed Suit Deadlines

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    The Fourth Circuit's recent holding in Thomas v. EOTech that employers cannot use contractual provisions to shorten statutory filing periods for Title VII or Age Discrimination in Employment Act claims offers a warning for employers to review any such documents and reassess their litigation risk, say attorneys at Ogletree.

  • Binance Win Shows Constraints On Anti-Terrorism Act Claims

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    The Southern District of New York's recent ruling in Troell v. Binance illustrates that the Second Circuit's earlier decision in Ashley v. Deutsche Bank is holding weight with courts, and companies facing aiding and abetting risk should thus monitor evolving case law and assess exposure based on nexus allegations, say attorneys at Freshfields.

  • Understanding The Insider Trading Gap In Prediction Markets

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    While the first-ever insider trading indictment involving a prediction market — the recent prosecution of a service member involved in the capture of Nicolás Maduro — comprised extreme facts and straightforward legal theories, future cases will test the bounds of insider trading law, say attorneys at Baker McKenzie.

  • Heppner Ruling Left AI Privilege Risk For Lawyers Unresolved

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    While a New York federal judge’s recent ruling in U.S. v. Heppner resolved a privilege question surrounding client-side artificial intelligence use, it did not address how to mitigate the risks that can arise when confidential information enters the operative context of an AI system used by an attorney, says Jianfei Chen at Quarles & Brady​​​​​​​.

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