Appellate

  • October 29, 2026

    Tort Reform Helps Walmart Upend Loss In Fall Case

    A Georgia appeals court on Thursday backed Walmart's bid for a new trial in a slip-and-fall case in which a woman won a $975,000 verdict, saying her attorneys' references to monetary values for pain and suffering during closing arguments didn't fly under a 2025 amendment to state law.

  • October 29, 2026

    Courts Can't Nix Calif. Waiver Moves, EPA Tells DC Circ.

    The Trump administration has urged the D.C. Circuit to restore the U.S. Environmental Protection Agency's move to make Clean Air Act waivers for California subject to potential rescission by lawmakers, saying a lower court wrongly intruded on Congressional authority in blocking the effort.

  • October 29, 2026

    Judge Stark Advises Attys To Confront Flaws In Their Cases

    Federal Circuit Judge Leonard Stark suggested at a conference Thursday that attorneys can improve their odds of success on appeal by addressing the weaknesses in their cases and explaining why they should still prevail, since that is how judges think when making decisions.

  • October 29, 2026

    Pa. Justices Undo Contempt Over Vulgar Insult To Judge

    The Pennsylvania Supreme Court ruled Thursday that a courtroom observer who called a Philadelphia judge a vulgar name as he left his friend's evidence-suppression hearing should not have been held in contempt and sentenced to 30 days in jail, since his insult had not significantly disrupted the proceedings.

  • October 29, 2026

    5th Circ. Sinks Motorola's Discovery Bid For IP Feuds Abroad

    The Fifth Circuit on Thursday reversed a lower court's approval of Motorola's discovery request for use in foreign proceedings in litigation brought by Advanced Standard Communication LLC over allegations of patent infringement, saying the district court "erred legally and analytically."

  • October 29, 2026

    9th Circ. Won't Unblock Calif. Captive Meeting Law

    The Ninth Circuit on Thursday upheld a lower court order blocking California from implementing its law banning so-called captive audience meetings, saying the employer groups that challenged the law showed the law likely infringed on their First Amendment rights.

  • October 29, 2026

    Squires Grants 4 Patent Review Bids In Latest Bulk Order

    U.S. Patent and Trademark Office Director John Squires has greenlighted four new petitions seeking review of patents in his latest round of decisions, while turning down one on discretionary grounds.

  • October 29, 2026

    6th Circ. Upholds Prefiling Curbs On Vexatious Litigant

    An Ohio federal court was justified in designating a local probate attorney as a vexatious litigant and dismissing her suit with prejudice, a Sixth Circuit panel ruled Tuesday, upholding the district court's decision to saddle the attorney with prefiling restrictions.

  • October 29, 2026

    9th Circ. Drops Speech Holding In Seattle Gig Worker Ruling

    The Ninth Circuit on Thursday withdrew its earlier finding that Seattle's protections for app-based delivery workers don't regulate speech, replacing it with a narrower ruling that assumes the law involves speech but still passes First Amendment scrutiny.

  • October 29, 2026

    Pa. Can Enforce E-Cigarette Law Amid Vape Cos. Appeal

    There will be no pause on a Pennsylvania law that makes it illegal to sell most vape products, a federal judge said, rejecting a vape industry bid seeking a brief reprieve while an appeal seeking to upend the statute heads to the Third Circuit.

  • October 29, 2026

    NJ Panel Says State Shields Military Leave Past Federal Cap

    A New Jersey state appeals court on Thursday upheld a decision giving an Atlantic City police officer his job back after the city fired him for staying on military leave for more than five years, saying a federal five-year limit is a minimum, not a maximum.

  • October 29, 2026

    Schools Can Appeal Forum Ruling In 'Early Decision' Case

    A group of 21 elite universities, including Columbia, Duke and Penn, won permission to appeal a ruling that a Massachusetts federal court has personal jurisdiction over them in a lawsuit claiming they conspired to use the "early decision" admissions process to raise tuition.

  • October 29, 2026

    Fed. Circ. Upholds Decision Wiping Out Cybersecurity Patent

    The Federal Circuit on Thursday affirmed a Patent Trial and Appeal Board decision holding that a patent covering methods of monitoring a system for cyberattack detection was invalid as obvious.

  • October 29, 2026

    9th Circ. Probes Warehouse Workers' Arbitration Exemption

    A Ninth Circuit panel on Thursday appeared somewhat skeptical of an argument that a transportation worker exemption to federal arbitration requirements doesn't apply to a proposed class of warehouse workers, after the appellate court found warehouse workers fit the carveout in a separate case.

  • October 29, 2026

    Tax Consultancy Asks 5th Circ. To Kill Microcaptive Rule

    The IRS never published data showing that microcaptive transactions pose a potential for tax avoidance to justify a rule making companies and advisers report them as "transactions of interest," a tax consultancy seeking the rule's demise told the Fifth Circuit.

  • October 29, 2026

    Telecom Shareholders Claim Arbitrator Was Biased

    Majority shareholders of a Central and South American telecommunications tower business fighting a $300 million arbitration award they were ordered to pay to the minority shareholders of that business have told the Second Circuit that the arbitrator was biased against them.

  • October 29, 2026

    NJ Justices Uphold Atty's Privacy Expectation In Email Advice

    The New Jersey Supreme Court ruled Thursday in a split decision that the name of the attorney who emailed legal advice to a municipal prosecutor in a traffic dispute should not be disclosed under the state's public records law, finding the sender's reasonable expectation of privacy outweighs any interest in disclosure.

  • October 29, 2026

    Penn National Tells 4th Circ. Insurer Dodged Injury Defense

    A Fourth Circuit appellate panel on Thursday questioned what insurance company Penn National could possibly recover from another insurer that the former says shirked its defense responsibilities in a personal injury suit from VRBO renters, noting the other insurer had paid its policy limit in settling the underlying case.

  • October 29, 2026

    Fla. High Court Finds No Atty Misconduct Over PACER Snafu

    The Florida Supreme Court on Thursday entered a judgment in favor of an attorney accused of knowingly making false statements when explaining why he missed a client's hearing, finding that he may have been "sincerely confused" over why he wasn't notified through the federal PACER filing system.

  • October 29, 2026

    1st Circ. Seeks Mass. Justices' Input On USAA Rate Row

    The First Circuit asked Massachusetts' highest court to weigh in on a suit by service members alleging USAA improperly considered their military pay grade when issuing auto insurance policies, finding the dispute implicates questions of state law.

  • October 29, 2026

    Gov't Urges 11th Circ. To Lift Sanctions Over Trump-IRS Deal

    A federal judge's order barring President Donald Trump, the IRS and the U.S. Treasury Department from citing the agreement made to settle his $10 billion suit against the tax agency is unsupportable and should be reversed, the government told the Eleventh Circuit.

  • October 29, 2026

    Mass. Panel Won't Undo OUI Plea Over Now-Void Breath Test

    A Massachusetts man cannot take back his 2015 admission to operating under the influence based on later revelations of state crime lab misconduct concerning the calibration of breath-test devices, given the other "overwhelming" evidence of drunken driving, an intermediate state appellate court said Thursday.

  • October 29, 2026

    NLRB Urges 7th Circ. To Ponder Injunction Harm Burden

    The National Labor Relations Board urged the full Seventh Circuit to rethink a ruling that raised the bar for the agency to win injunctions, saying the panel's merits conclusions and its take on what constitutes irreparable harm to workers' labor rights conflict with U.S. Supreme Court precedent.

  • October 29, 2026

    Split 4th Circ. Stays Man's Removal Over Competency Issue

    The Fourth Circuit has extended a stay preventing the removal of a self-represented noncitizen detainee who said his "mental condition" prevented him from fully arguing his case to an immigration judge, finding that the full administrative record is needed.

  • October 29, 2026

    Pa. Court OKs Unemployment Comp Despite Off-Duty Lie

    A Pennsylvania nurse didn't commit "willful misconduct" by refusing to answer questions about a coworker visiting her while he was on duty and she was off duty, so the nurse remained eligible to collect unemployment benefits after she was fired, a state appellate court ruled Wednesday.

Expert Analysis

  • 9th Circ. Ruling Raises Bar For Arbitration Pacts Via Email

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    The Ninth Circuit's recent holding in Rickes v. Thermo Fisher that the mere delivery of an email doesn't establish an employee's assent to the arbitration agreement underscores that rollout processes should both give employees notice of the agreement and create evidence of their assent, say attorneys at Sullivan & Cromwell.

  • 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.

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