Appellate

  • September 30, 2026

    Fla. Panel Says Hot-Car Conviction Needs Knowledge Element

    A Florida state appeals court Wednesday ruled that a nanny convicted of felony murder after forgetting she left a 10-month-old inside a hot car should be tried again, saying prosecutors used an improper underlying charge as a basis for the felony murder charge.

  • September 30, 2026

    3rd Circ. Calls Westlaw AI Fight 'Ordinary Copyright Case'

    The Third Circuit said the first appellate fight over artificial intelligence training and fair use ultimately came down to an "ordinary copyright case," affirming that Ross Intelligence infringed Thomson Reuters' Westlaw headnotes when it used them to train a competing legal research platform.

  • September 30, 2026

    3rd Circ. Probes Payment Recipients In Fund's $100M Tax Row

    A Third Circuit panel examined dealer-and-customer relations under accounting rules governing their transactions on Wednesday to determine whether the Internal Revenue Service was right to slap a $100 million tax bill against a Cayman Islands hedge fund for payments tied to U.S. portfolio companies.

  • September 30, 2026

    Fed. Circ. Backs PTAB Ax Of Twist Drill Patent Claims

    A Chinese inventor lost his attempt to revive claims in his twist drill patent he accused a Minnesota company of infringing on Wednesday when the Federal Circuit backed the Patent Trial and Appeal Board's invalidation of the claims.

  • September 30, 2026

    Biz Groups Urge 5th Circ. To Back Texas Derivative-Suits Limit

    The U.S. Chamber of Commerce and the Texas Association of Business on Wednesday urged the Fifth Circuit to uphold the dismissal of a Southwest Airlines shareholder's derivative suit, saying Texas law properly blocks such suits for those who hold less than 3% of shares.

  • September 30, 2026

    Amazon, Investor Clash Over Del. Forum Limits On Records

    Amazon.com Inc. and a stockholder seeking company records clashed before the Delaware Supreme Court on Wednesday over whether the investor should be restricted to using those documents in Delaware litigation, with the stockholder arguing the condition is too broad and Amazon saying it protects against duplicative lawsuits in multiple courts.

  • September 30, 2026

    States Back AGs' 6th Circ. Bid To Keep RealPage Rent Claims

    A contingent of 25 states is backing a Sixth Circuit appeal from several other state-level enforcers challenging settlements in private litigation that could block them from seeking damages over claims that landlords used RealPage's software to collude on residential rental rates.

  • September 30, 2026

    11th Circ. Seems Wary Of Ga. Campaign Finance Challenge

    The Eleventh Circuit appeared reluctant Wednesday to revive the Libertarian Party of Georgia and the Georgia Green Party's challenge to a Peach State campaign finance statute they say gives traditional political parties an unfair advantage, pressing their attorney on whether they had standing to sue. 

  • September 30, 2026

    Ohio High Court Says Omitted Self-Defense Instruction OK

    A divided Ohio Supreme Court has upheld a man's conviction for firing a gun and hitting his neighbor's house, finding that the man could not prove that the trial court's failure to provide a self-defense instruction — which he had not requested — was an obvious error.

  • September 30, 2026

    3 States Ask High Court To Block Abortion Shield Laws

    Louisiana, Arkansas and Alabama urged the U.S. Supreme Court on Wednesday to strike down shield laws for reproductive care in New York, California and Massachusetts, alleging they illegally allow the mailing of abortion medication into states that restrict or ban abortion.

  • September 30, 2026

    Landowners Seek 11th Circ. Redo On Easement Value Cut

    Three Georgia conservation easement donors asked the full Eleventh Circuit to review a panel's split decision to slash the value of an easement they donated from $18 million to $1 million, saying the decision failed to take into account the property's highest and best use.

  • September 30, 2026

    NJ Co. Says PPE Stockpiling Was Chinese Sovereign Activity

    A New Jersey company accused of helping China hoard personal protective equipment to create a monopoly at the start of the COVID-19 pandemic told the Eleventh Circuit that a lower court erred in finding that the allegations fall within the commercial activity exception to sovereign immunity.

  • September 30, 2026

    Ex-BDO Partner Says Board Retaliated With Equity Cut

    A former BDO USA partner urged the Delaware Supreme Court on Wednesday to revive claims that the accounting firm improperly stripped him of equity after he announced plans to retire, arguing that even broad contractual discretion cannot be used in bad faith or retaliation.

  • September 30, 2026

    DOJ Atty Picked For Judgeship Probed On Fulton County Raid

    A top U.S. Department of Justice official tapped for a federal judgeship faced questions from Democratic lawmakers on Wednesday about the department's investigation in Fulton County, Georgia, over Trump's allegations of fraud in the 2020 election.

  • September 30, 2026

    Split 9th Circ. Keeps Ariz. Land Swap In Place

    The Ninth Circuit won't rethink a decision to allow a 2,500-acre land exchange within Arizona's Tonto National Forest that tribal nations and conservation groups say will destroy a sacred Apache worship site, with several judges voicing opposition in a pair of dissents and a statement saying the circuit court's 2024 decision in the dispute was wrong.

  • September 30, 2026

    Detainees Urge Justices To Deny Prison Co.'s Wage Appeal

    Immigrant detainees and Washington state asked the U.S. Supreme Court to reject a prison operator's bid to review a ruling on minimum wages for detention facility workers, arguing a federal agency changed the underlying rules months before the government urged the court to take the case.

  • September 30, 2026

    Crocs Takes ITC Appeal Timing Issue To Supreme Court

    Crocs Inc. wants the U.S. Supreme Court to take a look at when a federal agency's ruling becomes appealable, after the Federal Circuit found the clogs maker was too late in challenging a mixed U.S. International Trade Commission trademark ruling that generated two appeal deadlines.

  • September 30, 2026

    Mass. Panel Tosses Minor's Gun Charges Over Illegal Frisk

    Gun charges against a minor must be thrown out because Boston police did not have justification to search the minor for weapons after ordering him out of a vehicle, a Massachusetts appellate panel ruled Wednesday.

  • September 30, 2026

    Pa. Justices To Weigh If Murder Sentence Rule Is Retroactive

    The Pennsylvania Supreme Court will decide whether its March ruling ending mandatory life sentences for second-degree murder should be applied retroactively to prisoners already serving those sentences.

  • September 30, 2026

    2nd Circ. Says EFAA Bars Arbitration Of Ex-Exec's Entire Suit

    The Second Circuit ruled Wednesday that an ex-executive can keep her case in court after asserting sexual harassment claims against a Texas law firm, ruling the Ending Forced Arbitration of Sexual Harassment and Sexual Assault Act shields her whole suit from arbitration — not just her sexual misconduct claims.

  • September 30, 2026

    Bessent Owes $910K In Taxes As Limited Partner, Wyden Says

    Treasury Secretary Scott Bessent should pay more than $910,000 in payroll taxes as a hedge fund limited partner after the Second Circuit ruled that such partners are subject to the self-employment tax, Senate Finance Committee ranking member Ron Wyden said Wednesday.

  • September 29, 2026

    Bristol-Myers, Natco And More Can't Ditch Cancer Drug MDL

    A New Jersey federal judge Tuesday refused to throw out sprawling antitrust multidistrict litigation over Celgene Corp.'s cancer drug Revlimid filed against Bristol-Myers Squibb, Natco Pharma, AbbVie and other pharmaceutical companies, ruling that buyers' pay-for-delay claims are plausible at this stage in the litigation.

  • September 29, 2026

    En Banc 9th Circ. Mulls Copyright Test Change In Tattoo Case

    Counsel for a photographer who lost at trial over claims that a Kat Von D tattoo infringed his copyrighted photo of Miles Daves urged an en banc Ninth Circuit panel Tuesday to end the circuit's use of a subjective "intrinsic" test for juries to determine substantial similarity. 

  • September 29, 2026

    DOJ Says Trump Name Is Key To Kennedy Center Survival

    The U.S. Department of Justice told the D.C. Circuit the Kennedy Center's donors will flee if his name isn't put back on the building, arguing in its opening brief to the appeals court that the institution faces "financial ruin" without "appropriate recognition" for Trump.

  • September 29, 2026

    7th Circ. Skeptical Of Reviving License Plate Surveillance Suit

    A Seventh Circuit panel seemed skeptical Tuesday that it should revive two Cook County residents' lawsuit claiming the Illinois State Police subject residents to unconstitutional searches through automatic license plate reading cameras whose data is saved for months.

Expert Analysis

  • 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.

  • QVC Ch. 11 Confirmation Shows Independent Directors' Value

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    QVC's recently confirmed Chapter 11 plan joins a growing body of restructuring precedent demonstrating that well-functioning independent director frameworks can create the evidentiary and governance foundation necessary to resolve complex intercompany disputes, preserve value and secure judicial approval of contested transactions, say attorneys at Choate.

  • Series

    Being A Sommelier Makes Me A Better Lawyer

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    Being a sommelier has quietly shaped how I practice law by changing the way I think, communicate and connect with people, and offers a constant reminder that expertise is about making your knowledge useful and accessible to others, says Kara Du at Sheppard.

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