Appellate

  • October 27, 2026

    10th Circ. Backs Trooper Killer's Violent Crime Charge

    The Tenth Circuit ruled that a man convicted of killing an Oklahoma state trooper nearly 30 years ago cannot have a portion of his conviction dropped, finding Tuesday that under federal law, killing a law enforcement officer in furtherance of a drug offense meets the definition of a crime of violence. 

  • October 27, 2026

    Permit Bill Speeds Up Project Fights With Appeals Court Push

    U.S. Senate permitting legislation could reduce courtroom time for energy project developers by funneling more lawsuits challenging federal agency decisions directly to appeals courts, though attorneys caution that it isn't necessarily a silver bullet for faster litigation results.

  • October 27, 2026

    Texas Appeals Court Weighs Mootness In Uri Victims Appeal

    A Texas appeals court wanted to know if an appeal before them concerning thousands of victims of a deadly winter storm was moot, pressing Tuesday for counsel to explain what the court should do with a finding by an MDL court that the victim's expert witness was inadmissible.

  • October 27, 2026

    Ga. Panel Lets Lyft Escape Liability In Driver Assault Suit

    A Georgia appellate court ruled Tuesday that Lyft was properly dismissed from a suit by a passenger who was badly beaten by his driver, ruling that reports of unsafe driving and suspected drug or alcohol use did not make the driver's violent assault reasonably foreseeable.

  • October 27, 2026

    5-Hour Energy Sellers Ask 9th Circ. To Revive Antitrust Fight

    Family-owned wholesalers urged the Ninth Circuit to revive antitrust claims Tuesday alleging 5-Hour Energy violated price discrimination law by providing Costco with disproportionate promotional support, arguing the court wrongly applied an "extremely narrow view of antitrust injury."

  • 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.

Expert Analysis

  • Opinion

    Fed. Circ. Should Redefine Functionality In Design Patents

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    The Federal Circuit should establish a framework for identifying the relevant article of manufacture to which functionality analysis applies, in order to enhance doctrinal clarity and better reflect the statutory foundations of design patent law, say attorneys at Knobbe Martens.

  • 9th Circ. Ruling Marks New Chapter In Risk Factor Tug-Of-War

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    The Ninth Circuit's recent dismissal of a securities fraud class action against SunPower is the latest in a growing line of cases addressing whether, if ever, a company's risk factor disclosures can give rise to potential liability, an area where the law remains unsettled, say attorneys at Alston & Bird.

  • Where AI Patent Risk Begins And How Records Can Help

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    The Federal Circuit's recent decision in Dental Monitoring v. Align highlights the importance of documenting how artificial intelligence-assisted inventions work, and how humans contributed, as such records can support inventorship, written description, eligibility and definiteness requirements, say attorneys at Sterne Kessler.

  • Harvard Morgue Deal Shows Stakes Of Good Faith Immunity

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    Harvard's recent $53 million payment to settle lawsuits concerning body part thefts from its medical school morgue spotlights the state’s Uniform Anatomical Gift Act, which only extends good faith immunity to anatomical donation stakeholders if certain conditions are met, says Christina Strong at Dilworth Paxson.

  • 4 Words In A 1980 Law Could Redraw Bank Lending

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    The Tenth Circuit's interpretation of a single phrase in the Depository Institutions Deregulation and Monetary Control Act could reshape interstate bank lending, requiring banks and fintechs to document loan-making functions, monitor repayment triggers, and reassess true lender and contractual risks, say attorneys at Sheppard.

  • Series

    Law School's Missed Lessons: Cultivating Good Judgment

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    Law schools generally overlook the role that solid judgment skills play in real-world practice, but attorneys can bridge the gap by strengthening their abilities to assess a case’s strengths and weaknesses, develop and execute effective strategies, and provide clear recommendations to clients, says Manny Caixeiro at Venable.

  • New Del. Corp. Law's Technical Tweaks Bring Broad Changes

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    While the new amendments to the Delaware General Corporation Law, which took effect on Aug. 1, appear technical, they have broad implications for wound-down corporations and carry personal exposure for whoever signed the certificate of dissolution, hinting at where entity law is heading next, says Ashwin Ram at Buchalter.

  • 5th Circ. Ruling Hints At Loper Bright's Effect On OSHA Suits

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    The Fifth Circuit's recent decision in Exxon Mobil v. Occupational Safety and Health Review Commission relied on Loper Bright to narrow the scope of illnesses that employers must record, signaling that courts may continue to scrutinize agency assertions that deference is due, say attorneys at Ogletree.

  • Loper Bright Unlikely To Upend DEA Rescheduling Challenges

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    As cannabis industry stakeholders await a U.S. Drug Enforcement Administration ruling on broader cannabis rescheduling, the U.S. Supreme Court's 2024 decision in Loper Bright to eliminate judicial deference to agency decisions should not dramatically affect cannabis rescheduling litigation risk, but it could marginally strengthen proponents' hand if the DEA denies rescheduling, say attorneys at Dentons.

  • Money Transmission Issue Looms For Prediction Markets

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    The circuit split recently created by the Ninth Circuit's ruling in Kalshi v. Assad has implications reaching beyond gaming regulation as, depending on the ultimate characterization of prediction market event contracts, platforms may face differing obligations under federal and state money transmission laws, say attorneys at Manatt.

  • The Deep Split Over Mandatory Detention, And What's Next

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    The government’s mandatory detention policy for noncitizens who entered the U.S. without inspection has led to a spate of decisions this year, with nine circuits rejecting the government's reading of the Immigration and Nationality Act against two that have accepted it, making the issue ripe for U.S. Supreme Court review, says attorney Kemal Hepsen.

  • Intersecting Investigation Risks Loom In Next Congress

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    Taken together, two July D.C. Circuit decisions and a recent U.S. Department of Justice opinion on executive privilege may affect the procedural defenses and privilege protections available to targets of oversight in the upcoming Congress, and companies should begin preparing now, say attorneys at WilmerHale.

  • Vanda Ruling Offers New Guide To Generic Labeling Disputes

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    The D.C. Circuit's recent decision in Vanda Pharmaceuticals v. U.S. Food and Drug Administration is significant for its guidance on when generic-drug labeling remains sufficiently similar to brand labeling and when a difference requires a statutory exception, says Shashank Upadhye at Upadhye Tang.

  • 9th Circ. Comet Ruling Spotlights Trade Secret Proof Burdens

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    The Ninth Circuit’s recent decision to vacate a $40 million verdict awarded to Comet Technologies in its trade secret dispute with XP Power underscores how the burden of proof differs between federal and state law, giving litigants a fresh perspective on several issues, including how a jury should be instructed, say attorneys at Cooley.

  • Attorneys Using AI May Have Ethical Duty To Redact Docs

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    The trajectory of legal ethics guidance in recent years strongly suggests that as redaction technology becomes more accessible, the failure to use it when uploading highly confidential materials into artificial intelligence tools will become increasingly difficult to defend as reasonable, say attorneys at Lewis Brisbois.

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