Appellate

  • October 28, 2026

    7th Circ. Takes Up Ill. Ban On Firearm Silencers

    A Seventh Circuit panel questioned Wednesday whether firearm silencers should be considered part of a constitutionally protected weapon or are merely optional accessories, as gun owners seeking to overturn Illinois' ban argued the devices improve firearms' functionality and protect users from hearing damage.

  • October 28, 2026

    Sportsbooks Say DC Law Bars Bettor Loss Recovery

    Sportsbook operators are urging the D.C. Circuit not to revive a lawsuit challenging the legality of their operations there, arguing the city expressly excluded licensed sports wagering from the statute being invoked to recover losses for bettors.

  • October 28, 2026

    Electronics Maker Says $48.5M Tax Suit Wrongly Tossed

    Electronics manufacturer Flex Ltd. urged the Delaware Supreme Court on Wednesday to revive its bid for a $48.5 million tax distribution from its Nextracker Inc. spinoff, arguing the companies' agreements entitled it to the money, while Nextracker maintained Flex had agreed to bear the tax costs.

  • October 28, 2026

    Versata Wants Ford To Pay Interest Atop Restored $82M Award

    Versata Software Inc. wants a Michigan federal court to tack on at least $37.7 million to a reinstated $82.3 million contract award against Ford Motor Co. and said the court should finalize that win while both sides prepare for a new trade secret damages trial.

  • October 28, 2026

    Fla. Appeals Court Says Porsche Must Face $300M Suit

    A Florida state appeals court Wednesday affirmed a ruling that German automaker Porsche AG must face a $300 million lawsuit brought by The Collection LLC, a Miami luxury car dealership accusing the carmaker of strong-arm tactics by withholding inventory over a disagreement to build a new facility.

  • October 28, 2026

    Split Ohio High Court Says Stalking Defendant Skipped Step

    The Ohio Supreme Court on Wednesday ruled that a pro se litigant who was the subject of a civil stalking protection order failed to correctly preserve his objections to the order, meaning a state appeals court is not required to consider them.

  • October 28, 2026

    Full Fed. Circ. Won't Eye Network IP Ruling In Amazon's Favor

    The full Federal Circuit on Wednesday declined to take up a split panel ruling that let Amazon escape infringement claims stemming from a network patent held by AlterWAN Inc.

  • October 28, 2026

    NJ Municipal Judge Admonished Over Palestinian Attire

    A New Jersey municipal judge was admonished Wednesday by the state supreme court after he admitted his decision to wear pro-Palestine clothing to a judicial training conference fell short of the standards and expectations of his position.

  • October 28, 2026

    6th Circ. Won't Hear Fear-Based Claim Outside Removal Order

    The Sixth Circuit said it lacked jurisdiction to review the denial of a Honduran national's bid to avoid being sent back to Honduras for fear of persecution because he did not directly challenge his final removal order, overturning prior circuit precedent.

  • October 28, 2026

    Celgene Defends Dismissal Of Cancer Drug Antitrust Suit

    Bristol-Myers Squibb Co. and its subsidiary Celgene Corp. urged the Second Circuit to uphold the dismissal of health plans' proposed antitrust class action alleging that the drugmaker fraudulently obtained patents for the cancer drug Pomalyst, saying it properly disclosed materials to the patent office and filed valid patent infringement lawsuits against generic-drug makers. 

  • October 28, 2026

    Wood Smith Beats Suit Over Nixed Atty Defamation Claims

    Wood Smith Henning & Berman LLP has escaped a malpractice suit stemming from an allegedly improperly drafted settlement agreement in an employment dispute, with a California appeals court finding that the agreement did not shield an opposing attorney from an ex-Wood Smith client's defamation claims.

  • October 28, 2026

    4th Circ. Judge Wary Of NC Abortion Drug Law Challenge

    A Fourth Circuit judge on Wednesday sharply questioned the attorney for a physician challenging North Carolina restrictions on the abortion medication mifepristone, citing case law he said treats federal rules as a "floor and not a ceiling" on what states can require.

  • October 28, 2026

    5th Circ. Backs Liberty Mutual Unit In Pileup Coverage Dispute

    A Liberty Mutual unit owes no coverage to contractors for a Texas interstate construction project who are facing lawsuits over a fatal 130-vehicle pileup caused by a historic winter storm, the Fifth Circuit said, finding that the suits did not allege bodily injury arising out of the contractors' work.

  • October 28, 2026

    NY Judges Question Court Agency's Withholding Of Records

    Two judges on a New York state appeals court panel pushed back on arguments by the state's Office of Court Administration that no reports related to investigations of court personnel can be considered final under the state Freedom of Information Law until all proceedings have concluded.

  • October 28, 2026

    5th Circ. Bars Immunity In Texas A&M Wage Retaliation Suit

    Government officials can't use a special legal protection to escape lawsuits accusing them of punishing workers who complain about their pay, the Fifth Circuit found, allowing a former Texas A&M University adviser to pursue her claim that her supervisor fired her over a paycheck dispute.

  • October 27, 2026

    Feds Face Uphill Climb To Set Aside 20K Ballots In Calif.

    A California federal judge indicated Tuesday he'll deny the Trump administration's request for an order requiring California to set aside mail-in ballots for some 20,000 voters the federal government says are "likely" noncitizens, noting that the government can prosecute any illegal voters before California's Dec. 3 ballot cure deadline.

  • October 27, 2026

    At 4th Circ., DOJ Admits But Downplays Goldstein Trial Errors

    The U.S. Department of Justice late Tuesday acknowledged that it confused key statutory terms related to jury instructions at famed appellate advocate Tom Goldstein's criminal trial, while also insisting "the government's mistake here was understandable" and shouldn't upend a jury's guilty verdict.

  • October 27, 2026

    11th Circ. Says Justices' Ruling Unravels Sentence Reduction

    An Eleventh Circuit panel on Tuesday reversed a Florida federal judge's decision to reduce on compassionate-release grounds the 39-year sentence of a man convicted of robbing drug dealers, citing the U.S. Supreme Court's recent opinion in a similar case, Rutherford v. U.S.

  • October 27, 2026

    3 Federal Circuit Clashes To Watch In November

    A high-stakes case that will determine whether the U.S. government should face patent infringement claims over Moderna's COVID-19 vaccines and Labcorp's appeal of a nine-figure patent verdict against it are among the arguments the Federal Circuit will hear in November.

  • 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.

Expert Analysis

  • Opinion

    'Plain Meaning' Requires Plainer Meaning In IP Litigation

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    The Federal Circuit's recent decision in Socket Solutions v. Import Global highlights the frequent ambiguity surrounding courts' references to "plain meaning" in patent claim construction — an ambiguity that should be resolved by courts, not litigants, say attorneys at Klarquist Sparkman.

  • What To Know As Legal Duty To Consider AI Takes Shape

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    While the U.K. Jurisdiction Taskforce’s recent statement on liability for artificial intelligence harms is nonbinding for both U.K. and U.S. lawyers, it highlights the importance of being able to distinguish between the availability of a tool and a professional obligation to use it, say Jonny Frank and Michael Costa at StoneTurn.

  • Patent Ruling Shows Concrete Tech Solution Key To Eligibility

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    The Federal Circuit’s recent Ceiva Opco v. Amazon.com decision offers an important reminder that software-related inventions can remain patent eligible when they claim a concrete technological solution to a specific problem, says Irah Donner at Manatt.

  • Appellate Vape Rulings May Expand State Regulation Powers

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    Two recent federal appeals courts decisions rejecting Federal Food, Drug and Cosmetic Act preemption challenges to state electronic nicotine delivery systems directory laws signal an emerging appellate consensus that could significantly expand states' power to regulate vaping product sales where federal enforcement falls short, say attorneys at Troutman.

  • How Solar Fraud Case Affects Lender Oversight Of Dealers

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    The U.S. Supreme Court's refusal to review the Third Circuit's ruling in Migliore v. Sunlight Financial means that residential solar finance companies are protected from vicarious liability for deceptive acts by independent solar dealers — but lenders must still take steps to guard against dealer misconduct, says Rand Manasse at Green Lane Partners.

  • Fed. Circ. Rulings Emphasize Adjudicative Access And Review

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    Decisions from the Federal Circuit's 2026 docket indicate that the court is increasingly paying attention to whether tribunals possess authority to act, meaning practitioners will need to properly address procedural hurdles before they can argue the merits of a case, say attorneys at Reichman Jorgensen.

  • Amazon v. Perplexity Ruling Limits CFAA Reach Over AI Tools

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    The Ninth Circuit's recent decision in Amazon v. Perplexity provides important early guidance on how the Computer Fraud and Abuse Act applies to agentic artificial intelligence, and is the latest in a line of rulings in which courts have declined to stretch existing statutes to broadly regulate AI, say attorneys at Ropes & Gray.

  • Managing OSHA Mental Illness Logs After 5th Circ. Vacatur

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    Employers with facilities in multiple states need to carefully weigh their recordkeeping procedures following the Fifth Circuit’s recent decision that the Occupational Safety and Health Administration cannot require employers to log work-related mental illness, as inconsistent logs across facilities may raise other issues, say attorneys at Haynes Boone.

  • Expect More Probes After 3rd Circ. Algorithmic Pricing Ruling

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    The Third Circuit's recent decision in Cornish-Adebiyi v. Caesars Entertainment, allowing algorithmic price-fixing claims to proceed past motions to dismiss, may serve as a road map for how to contend with increased litigation risk in this developing area of antitrust law, say attorneys at BakerHostetler.

  • Series

    Being In A Band Made Me A Better Lawyer

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    Playing shows in storied New York City venues and rehearsing with my bandmates in poorly ventilated rooms helped develop the professional qualities I rely on as a litigator, including an ability to collaborate with strong-minded equals and the determination to treat each client with singular focus, says Eliad Shapiro at Herrick Feinstein.

  • Notable Q2 Updates In Insurance Class Actions

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    After 2026's second quarter, there is more authority rejecting class certification on total loss valuation theories from courts at the federal circuit, federal district and state appellate level — along with a resolution of a novel issue of depreciation on a wildfire claim, says Kevin Zimmerman at BakerHostetler.

  • 10th Circ. Ruling Undermines False Ad 'Two Clicks' Rule

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    The Tenth Circuit’s recent ruling in KetoNatural Pet Foods v. Hill's Pet Nutrition substantially challenges a long-standing assumption that a company can avoid responsibility for promotional claims simply because the consumer encountered them by clicking a hyperlink to a third-party website, say attorneys at Venable.

  • How Drug Trial Prediction Markets Pose Insider Trading Risks

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    Multiple prediction market platforms have recently announced plans to offer event contracts related to clinical trial outcomes and regulatory decisions, creating new insider trading risks by expanding the group of people possessing related material nonpublic information far beyond traditional corporate insiders, say attorneys at King & Spalding.

  • Mich. Ruling Gives Consumer Protection Law Its Teeth Back

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    The Michigan Supreme Court's recent decision in Attorney General v. Eli Lilly, overruling key holdings in two earlier cases, means that Michigan businesses can no longer defeat allegations of deceptive conduct under the state's consumer protection law simply by pointing to any governmental regulation of the business, say attorneys at DiCello Levitt.

  • Series

    Law School's Missed Lessons: Surviving A Long Trial

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    Most of law school trial advocacy is geared toward the sprint of trying a short case, but beyond managing a cross-examination or closing argument, effectively handling the marathon of a lengthy trial requires the ability to maintain composure, organization and credibility with the jury, says Mihir Elchuri at Hirschler.

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