Appellate

  • August 14, 2026

    Texas Panel OKs Atmos' Win In Home Gas Leak Injury Suit

    A Texas appellate court has affirmed the dismissal of a suit alleging a family suffered injuries from gas leaks inside their home due to the negligence of Atmos Energy, saying the family failed to prove the utility knew about the dangerous condition but did nothing.

  • August 14, 2026

    Texas Justices Pass On Atty's Bid To Undo Exxon Sanctions

    The Texas Supreme Court on Friday declined to take up an appeal brought by a law firm challenging a sanction order issued after a lower court found it launched a frivolous lawsuit against Exxon Mobil Corp. related to the company's acquisition of Pioneer Natural Resources.

  • August 14, 2026

    Mich. Panel Keeps District Judge Off Ballot Over False Filing

    A western Michigan district judge will remain off the November ballot after a state appeals court ruled that her affidavit of identity contained a false statement about unpaid campaign finance fees, requiring state election officials to reject her candidacy. 

  • August 14, 2026

    Mass. Appeals Court Orders New Trial Over Pro Se Approval

    The Massachusetts Appeals Court has ruled that a state trial court wrongly allowed a man to take over management of his own criminal trial and shunt his lawyer to a standby role without legally required warnings and checks.

  • August 14, 2026

    NY AG Says 2nd Circ. Ruling Doesn't Back Pricing Law Case

    The New York Attorney General's Office has pushed back after RealPage Inc. told a New York federal court that a recent Second Circuit ruling supports the company's challenge to a state law prohibiting landlords from using software to share information and set residential rental rates.

  • August 14, 2026

    7th Circ. Won't Revive Elanco Investors' Securities Fraud Suit

    The Seventh Circuit Friday affirmed the dismissal of a lawsuit claiming Elanco Animal Health misled the market by forcing distributors to buy excess inventory to artificially inflate its sales figures, saying it could not draw a strong inference of fraudulent intent by Elanco executives.

  • August 14, 2026

    9th Circ. Denies Ex-Cop's Asylum Bid, But Calls For Better Test

    A Ninth Circuit panel affirmed the denial of asylum for a former El Salvador police officer targeted by the MS-13 gang, but urged the full court to revisit precedent that directed it to only consider mistreatment incurred after the man left the force.

  • August 14, 2026

    Fed. Circ. Overrules Precedent On Veteran Hiring Protections

    The Federal Circuit on Friday revived a disabled veteran's challenge to the U.S. Navy's handling of his promotion application, which the agency rejected after mistakenly finding he didn't submit certain documents, and then reviewed only after giving the job to someone else. 

  • August 14, 2026

    Feds Seek To Undo ADA Win In Fla. After DOJ Guidance Shift

    The federal government asked the Eleventh Circuit on Thursday to vacate a recent ruling upholding an injunction that found Florida's institutionalization of children with complex medical conditions violated the Americans with Disabilities Act, in light of a change in directives from the U.S. Department of Justice.

  • August 14, 2026

    5th Circ. Backs Investment Co.'s Sanction In Highland Ch. 11

    The Fifth Circuit on Friday decided to keep in place an $826,000 sanction against NexPoint Real Estate Partners, finding "clear and convincing evidence" showed it filed and litigated a bad-faith claim in the Chapter 11 case of defunct hedge fund Highland Capital Management LP.

  • August 14, 2026

    4th Circ. Altria Decision Spotlights Risks From ERISA Docs

    A recent Fourth Circuit decision in a retirement plan dispute between tobacco giant Altria and an ex-worker underscored how service provider contracts can introduce snags in litigation, with benefits attorneys warning that employers may want to review documents with the potential for disclosure in mind.

  • August 14, 2026

    Drone-Maker Gets Partial Do-Over In Chinese Gov't Ties Suit

    The D.C. Circuit Friday partially overturned a lower court win for the U.S. Department of Defense in its dispute with a drone-maker over being designated a Chinese military company, saying there is no publicly stated rationale for the decision.

  • August 14, 2026

    Cumulus Asks 2nd Circ. For Help With Nielsen Data Order

    Cumulus Media sought clarification Thursday from the Second Circuit on the timing of a district court order upheld last month barring Nielsen from conditioning access to national radio ratings data on buying Nielsen's local offerings, arguing that the ratings analytics company can't hold up obeying the injunction just because it's seeking reconsideration.

  • August 14, 2026

    6th Circ. Says Cops Forcing Man To Pee In His Yard Unlawful

    A Michigan man who was forced to urinate on his front lawn because police, who were conducting a search of his home, would not allow him to use his own bathroom had his Fourth Amendment rights violated, a Sixth Circuit panel determined on Thursday.

  • August 14, 2026

    9th Circ. Says Film Industry Pension Fight Needs 2nd Look

    The Ninth Circuit on Friday revived a set designer's suit claiming that the board of the Motion Picture Industry Pension Plans stood by while certain investment funds underperformed year over year, ruling a lower court should reassess whether the board acted imprudently under a clarified legal standard.

  • August 14, 2026

    Mich. Panel Gives Dog New Chance In Euthanasia Fight

    A Michigan appeals court has overturned an order requiring a Port Huron woman to euthanize her dog after he bit off a guest's nose, ruling that a lower court applied the wrong standard when deciding whether the guest provoked the dog by putting her face inches away from the dog's face.

  • August 14, 2026

    10th Circ. Backs $5M Verdict In Fight Over Toll Lanes Contract

    The Tenth Circuit on Friday unanimously upheld a Denver federal jury's award of $5.25 million to construction design firm Aecom, wholly rejecting a contractor's request for a new trial in a contract dispute over a Colorado toll lanes project.

  • August 14, 2026

    9th Circ. Revives Bid For 15 Alaska Tribal Health Docs

    A Ninth Circuit panel has revived a request for 15 documents related to internal investigations and governance reforms from the Alaska Native Tribal Health Consortium, finding that the district court abused its discretion and the case is not moot because it's uncontested that the information hasn't yet been viewed.

  • August 14, 2026

    1st Circ. Becomes 7th To Reject Trump's No-Bond Policy

    The First Circuit became the seventh appellate court to reject the Trump administration's argument that noncitizens arrested in the interior U.S. can be detained without bond, ruling that immigrants who entered the country unlawfully years earlier can seek release on bond.

  • August 14, 2026

    11th Circ. Mulls Tax Court's Cut To $33M Easement Deduction

    An Eleventh Circuit panel grappled Friday with valuation questions regarding a Georgia conservation easement, including whether the U.S. Tax Court erred in rejecting the IRS' determination while still using the agency's data points in reducing a $33 million tax deduction.

  • August 14, 2026

    Nielsen Loses At Fed. Circ., Fights Verdict In Patent Row

    The Nielsen Co. Friday lost its attempt at the Federal Circuit to revive claims of a patent it accused TVision Insights Inc. of infringing, as it fights a jury verdict clearing TVision of infringing a separate patent.

  • August 14, 2026

    Key State Criminal Law Rulings So Far In 2026

    State supreme courts so far this year have gone beyond federal standards to strengthen protections for criminal defendants, restrict mandatory life-without-parole sentences for felony murder, and bolster the right to counsel and Fourth Amendment limitations on searches.

  • August 14, 2026

    Trump Asks Justices To Raze Block On Ballroom Construction

    President Donald Trump asked the U.S. Supreme Court on Friday to lift a ban on construction of a new White House ballroom, arguing a federal judge who ordered the work to stop overstepped his authority by vetoing national security officials' determinations that the ballroom is "vitally required." 

  • August 14, 2026

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen newly signed Real Madrid footballer Yan Diomandé sued over access to his image rights, Nigel Farage and Reform UK deputy leader Richard Tice accuse the NCA of leaking confidential financial information, and a right-wing American journalist hit The Guardian with a libel claim. 

  • August 14, 2026

    DC Circ. Says Felon Likely Knew Status In Firearm Case

    The D.C. Circuit won't allow a convicted felon to have a guilty plea for possessing a firearm vacated, saying that his claim that he didn't know he was a felon is undermined by his having spent more than two years in prison.

Expert Analysis

  • Where Is The Line On Actionable Comms In Securities Cases?

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    Recent securities cases demonstrate the difficulty in discerning a clear difference between statements made in connection with the purchase or sale of securities and those that aren't, with that line more likely attributable to individualized factual situations than to any doctrinal differences of opinion between various courts, says Samuel Groner at Fried Frank.

  • NJ Supreme Court Ruling Exposes D&O Gaps For PE Boards

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    The New Jersey Supreme Court's recent decision in Mist Pharmaceuticals v. Berkley Insurance, barring directors and officers coverage, serves as a cautionary tale for private equity executives serving in overlapping roles at sponsor and portfolio companies, say attorneys at Reed Smith.

  • Post-Ismael Bias Cases Reinforce Familiar Employer Lessons

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    Despite the Eleventh Circuit's 2025 decision in Ismael v. Roundtree sparking concern that summary judgment could become more difficult for employers in discrimination and retaliation cases, courts continue to examine whether the employer's explanation, decision-making process and contemporaneous record tell a consistent story, say attorneys at Krevolin Horst.

  • Fed. Circ. In June: When Courts Can't Correct Patent Errors

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    The Federal Circuit's recent decision in Enanta v. Pfizer explores and clarifies the limits of what can be corrected in a patent application, even if the error is obvious, say attorneys at Knobbe Martens.

  • Challenging Detention After 5th Circ. Ends Bond Clocks

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    After the vacatur of the Fifth Circuit’s holding that the U.S. Constitution requires bond hearings for detained noncriminal noncitizens, practitioners should go back to filing habeas petitions, pending the court's en banc rehearing, says Kemal Hepsen at Mandamus Lawyers.

  • Patent Eligibility Bulletin: New USPTO Guidance And AI Risks

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    In the second quarter of 2026, the U.S. Patent and Trademark Office updated its subject matter eligibility declarations in line with its increasingly permissive patent eligibility stance, while the Federal Circuit rigorously applied the Alice framework in a decision that highlighted risks facing patent claims that utilize artificial intelligence and machine learning, say attorneys at Banner Witcoff.

  • State Of Insurance: Q2 Notes From Illinois

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    The second quarter of 2026 featured a trio of auto insurance opinions from Illinois' appellate courts, addressing a notice requirement, narrowing insurers' exposure for delayed payment of underinsured motorist claims, and creating a district split on coverage for employee-drivers under employers' policies, says Matthew Fortin at BatesCarey.

  • Why Courts Are Pushing Back On Greenwashing Laws

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    Recent Fourth Circuit and California federal court decisions blocking state greenwashing statutes on First Amendment grounds reveal a tension at the heart of environmental marketing regulation — while states want clarity, courts aren't prepared to let legislatures flatly ban categories of truthful commercial speech, say attorneys at DLA Piper.

  • 11th Circ. Opioid Appeal May Shift Public Nuisance Coverage

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    The Eleventh Circuit's recent ruling certifying to the Florida and Georgia Supreme Courts the question of whether insurers must provide coverage against suits claiming policyholders improperly distributed opioids may ultimately result in a counterbalance to the Delaware line of cases denying coverage for government opioid suits, say attorneys at Pillsbury.

  • Series

    Teaching SEC Investigations Makes Me A Better Lawyer

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    Instructing a law school course on U.S. Securities and Exchange Commission investigations has made me a more thoughtful, deliberate practitioner because it requires me to continually reassess and challenge what I know about securities law enforcement, how I know it and how best to explain it, says David Chase at Miami Law.

  • Monsanto Ruling Bolsters Generic Drug Labeling Preemption

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    The U.S. Supreme Court's recent decision in Monsanto Co. v. Durnell concerns herbicide labeling regulated by the Federal Insecticide, Fungicide, and Rodenticide Act, but also carries weighty implications for preemption of state law labeling claims against drug manufacturers, say Terry Henry and Ann Querns at Blank Rome and Melanie Leney at Aurobindo Pharma.

  • Justices' Tax Sale Ruling Tees Up Auction Fairness Battles

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    The U.S. Supreme Court’s recent decision in Pung v. Isabella County, Michigan, that taxpayers are not entitled to fair market value of real property seized to satisfy a tax debt shifts attention to the fairness of state and local auction procedures, and whether taxpayers claiming surplus proceeds face unwarranted hurdles, say attorneys at Miller Canfield.

  • Why The 2nd Circ. Upheld Beneficial Ownership Blockers

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    The Second Circuit recently held that a properly drafted contractual blocker — which caps an investor's beneficial ownership below 10% and automatically voids any transaction that would breach the cap — shields the investor from Section 16(b) liability, demonstrating that blockers have teeth, say attorneys at Sheppard.

  • Patent Eligibility Reforms Keep Chasing The Wrong Fixes

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    Repeated efforts to create a consistent, predictable patent eligibility standard under Section 101 have centered on replacing judge-made exceptions with new statutory language, but the better fix is to align examination standards with how courts actually apply eligibility doctrine, says former Patent Trial and Appeal Board judge Amee Shah.

  • Opinion

    Qualified Immunity Bill's Reach Goes Beyond Federal Officers

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    The federal Qualified Immunity Abolition Act, introduced earlier this year and described by the bill sponsors as a federal-officer measure, would in actuality reach the entire universe of Section 1983 defendants, a distinction that matters as much to defense counsel as to plaintiffs, says attorney V. James DeSimone.

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