Appellate

  • October 21, 2026

    Italian Winery Asks Justices To Revive TM Victory

    An Italian winery has urged the U.S. Supreme Court to restore a trademark infringement ruling it won in New York federal court that was later overturned by the Second Circuit, saying the circuit had misapplied the justices' guidance for finding trademark preclusion.

  • October 21, 2026

    High Court Lets Block On Prison Gender Care Ban Stand

    The U.S. Supreme Court on Wednesday allowed federal prisons to continue to offer gender transition medical services to incarcerated people.

  • October 20, 2026

    11th Circ. Upholds Producer's Financing Scheme Conviction

    The Eleventh Circuit on Tuesday refused to disturb the conviction and sentencing of a producer accused of stealing $68.7 million from film and theater investors and producers, ruling that the producer hasn't shown that the district court made any mistakes.

  • October 20, 2026

    'Petulant' Attorney Behavior Requires New Trial, 5th Circ. Says

    The Fifth Circuit ordered a new trial Friday for a woman who was halted while speaking at a Louisiana local council meeting, saying defense lawyers for two council members threw "a skunk into the jury box" with a bevy of improper maneuvers.

  • October 20, 2026

    Kagan: High Court 'Blinded Itself' To Election Ruling Effects

    U.S. Supreme Court Justice Elena Kagan criticized her conservative colleagues' approach to deciding election law cases Tuesday, saying they often rule without considering the real-world consequences of their decisions. 

  • October 20, 2026

    Mariah Carey Defeats Brother's $20M Memoir Defamation Suit

    A New York judge has thrown out Mariah Carey's brother's $20 million defamation suit claiming his sister defamed him in her 2020 memoir, "The Meaning of Mariah Carey," ruling that he hasn't adequately alleged she knowingly or recklessly made false statements about him.

  • October 20, 2026

    Meta Wins Stay Of Wash. Ad Case Amid High Court Cert. Bid

    A Washington state judge on Tuesday granted Meta Platforms Inc.'s request to pause a permanent injunction requiring "full compliance" with a state political advertising disclosure law, agreeing to put the requirement on hold while the company asks the U.S. Supreme Court to review the law's constitutionality.

  • October 20, 2026

    Zimbabwe Says $441M Award Suit Deserves More Attention

    Zimbabwe is fighting European investors' efforts to summarily affirm a ruling enforcing some $441 million in arbitral awards they won after their land was seized under a controversial land reform program, telling the D.C. Circuit the case is not that simple.

  • October 20, 2026

    Colo. Justices Mull Criminal Trial Court's Restitution Authority

    Colorado's justices appeared hesitant Tuesday to limit a trial court's ability to impose restitution in cases where prosecutors fail to make a diligent effort to bring restitution information to sentencing, but pressed the state on what ruling would make victims whole and incentivize prosecutors to meet statutory deadlines.

  • October 20, 2026

    Florida Board Must Testify In Book Ban Suit, 11th Circ. Says

    A split Eleventh Circuit panel held Monday that current and former Florida school board members cannot invoke legislative privilege to avoid testifying about why they removed specific library books, finding that the privilege protects their adoption of book removal policies but not the decisions applying those policies to particular titles.

  • October 20, 2026

    Texas Appeals Court Skeptical Uri Interference Claims Viable

    A Texas appeals court on Tuesday sounded dubious of a claim brought by energy consumers alleging that dozens of companies involved in the natural gas industry tortiously interfered with their electricity contracts by decreasing natural gas output during a deadly winter storm.

  • October 20, 2026

    Catholic Scholars, Ex-Nat'l Security Officials Back Anthropic

    Former CIA Director Leon Panetta, ex-national security officials and Catholic theologians on Tuesday all urged the full D.C. Circuit to rehear Anthropic's challenge to the Trump administration's decision to designate the company a supply chain risk, claiming that the company's position strengthens the U.S. government's global edge in artificial intelligence and conforms with Catholic teaching.

  • October 20, 2026

    11th Circ. Rejects Ex-3M Worker's COVID Vax Refusal Suit

    The Eleventh Circuit on Tuesday declined to revive a Title VII religious discrimination suit by a former 3M healthcare business division employee who was terminated after refusing to get vaccinated against COVID-19 because of her beliefs, finding that her own statements show that there's no conflict between her beliefs and 3M's policy. 

  • October 20, 2026

    GOP States Back Trump Bid To Limit Immigrant Habeas

    Iowa and 21 other Republican-led states urged the U.S. Supreme Court on Tuesday to grant the Trump administration's petition to review whether district courts have authority over habeas petitions from noncitizens challenging their detention.

  • October 20, 2026

    Mich. Pharmacist Tells 6th Circ. Feds Silenced Key Witness

    A Michigan pharmacist serving an eight-year prison sentence for medical fraud is entitled to a new trial, his attorney told a Sixth Circuit panel Tuesday, arguing that a key defense witness in the case was threatened by the government and dissuaded from testifying.

  • October 20, 2026

    2nd Circ. Won't Block Connecticut Drug Price Cap

    A Second Circuit panel affirmed a lower court's decision Tuesday, refusing to block Connecticut from enforcing a cap on generic and off-patent drug prices while a trade association for drug wholesalers challenges the statute.

  • October 20, 2026

    AirPro Says Rival Used Merger Talks To Build Competing Tool

    Counsel for AirPro Diagnostics LLC urged a Sixth Circuit panel on Tuesday to reverse a lower court's summary judgment ruling and allow its breach of contract suit to proceed to trial, arguing that a rival company violated a mutual party agreement by using confidential information disclosed during merger negotiations to develop a competing diagnostic tool.

  • October 20, 2026

    Magellan, Powder Springs To Pay $20M To End Sunoco IP Suit

    Energy infrastructure firm Magellan Midstream Partners LP and Powder Springs Logistics have agreed to pay $20.3 million to resolve a judgment against them after a jury trial loss in a patent infringement case brought in Delaware federal court by Sunoco related to gasoline blending patents.

  • October 20, 2026

    3rd Circ. Seems Open To Drexel's Bid For New Pay Bias Trial

    The Third Circuit seemed receptive Tuesday to Drexel University's bid for a new trial in a professor's pay discrimination suit, with the judges hinting a trial court may have gone too far by imposing Equal Pay Act liability on the school for not complying with an order to turn over salary information.

  • October 20, 2026

    Conn. High Court Snapshot: Justices May Refine Anti-SLAPP

    The Connecticut Supreme Court will hear cases in its new term that could change the procedure for winning a strategic lawsuit against public participation and clarify what it means to be "in custody" for the purposes of habeas jurisdiction.

  • October 20, 2026

    4th Circ. Says 'Breach Of Trust' OK Reason To Revoke Release

    The Fourth Circuit has ruled that a decision to "slam some sense" into a Virginia man by revoking his supervised release for numerous drug-related violations is procedurally reasonable and does not violate federal sentencing guidelines.

  • October 20, 2026

    7th Circ. Rejects Removal Of Hospital Patient Privacy Suits

    The Seventh Circuit on Tuesday joined a host of other appellate courts in determining healthcare providers were not "acting under" the federal government when they created patient web portals, finding actions alleging hospitals improperly shared patient information belonged in state court.

  • October 20, 2026

    Justices Want Pensioners' Input On Southern Co. Petition

    The U.S. Supreme Court asked Southern Co. pension plan participants to weigh in on their employer's petition for review of an Eleventh Circuit decision that revived their proposed class action alleging outdated life expectancy data caused them to lose out on benefits, indicating the justices' possible interest in the case.

  • October 20, 2026

    Justices Urged to Reject Patent Inventorship Appeal

    Fencing company Digger Specialties says the U.S. Supreme Court shouldn't take up a challenge to a Federal Circuit finding that invalidated a patent it was accused of infringing, hitting back at a rival's argument that the circuit court ruling produced an "absurd result."

  • October 20, 2026

    Google Makes Last DC Circ. Push Against DOJ's Search Win

    Google took one final swing Monday at upending a D.C. federal judge's rulings faulting it for monopolizing online search and forcing it to prop up search engine rivals with data and syndicated results, telling the D.C. Circuit that the U.S. Department of Justice's case targets earned market dominance.

Expert Analysis

  • 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.

  • Minn. Ruling Expands Insureds' Right To Independent Counsel

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    If upheld on appeal, a recent decision by a Minnesota appellate court — Fabyanske Westra Hart & Thomson v. Western National Mutual Insurance — will give Minnesota policyholders a stronger basis to demand independent counsel when an insurer accepts a defense under a reservation of rights, say attorneys at Stoel Rives.

  • Series

    Juggling And Unicycling Make Me A Better Lawyer

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    Because I juggle (sometimes with fire) and ride the unicycle, friends and family used to joke that I should join the circus, but I pursued the practice of law instead and learned that my hobbies benefit my profession in several important ways, says Morgan Eddy at Smith Currie.

  • The Future Of DOL Judge Removal Challenges After Slaughter

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    The U.S. Supreme Court's recent ruling in Trump v. Slaughter calls into question whether U.S. Department of Labor administrative law judges exercising significant governmental authority remain insulated from presidential removal, but the answer depends on the governing statute, its severability provisions and other factors, says Mark Ishu at Conn Maciel.

  • DOJ Executive Privilege Opinion Portends 3rd-Party Dilemmas

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    The recent opinion from the U.S. Department of Justice’s Office of Legal Counsel concluding that executive privilege can shield the president's communications with private advisers may lead to interbranch disputes, and companies must come up with a response plan now before they’re caught in the middle, say attorneys at Gibson Dunn.

  • 2nd Circ. Ruling Lays Out Administrative Right-Of-Access Blueprint

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    In Civil Rights Corps v. LaSalle, the Second Circuit recently held that the First Amendment dictates a presumptive right of access to sealed attorney grievance proceedings, providing a framework for challenging other administrative regimes that operate behind closed doors, says Jonathan Ginsberg at Carlton Fields.

  • How 'Swap' Fight Underpins Prediction Market Enforcement

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    As courts around the country grapple with whether, and under what circumstances, event contracts qualify as swaps, federal enforcement authority hangs in the balance, with implications for companies that need to manage compliance risks during this period of legal uncertainty, say attorneys at Debevoise.

  • Fed. Circ. Dental IP Ruling Reinforces Prior Art Framework

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    The Federal Circuit's recent decision in Dental Monitoring v. Align Technology reaffirms the necessity of substantive written description support for establishing an earlier effective prior art date under the America Invents Act, and aligns Patent Trial and Appeal Board practice with district court litigation, say attorneys at Morgan Lewis.

  • Justices' Hikma Reasoning May Extend Well Beyond Pharma

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    The active steps framework announced by the U.S. Supreme Court in its Hikma v. Amarin decision, finding that Amarin failed to plausibly allege inducement of infringement, has the potential to reshape how courts evaluate inducement claims across patent, copyright and other doctrines, say attorneys at BCLP.

  • 10th Circ. Ruling Propels Emerging 'Occurrence' Consensus

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    The Tenth Circuit recently revived the Church of Jesus Christ of Latter-day Saints' bid for insurance coverage in a sexual abuse case, continuing a trend as the second circuit court to find that, where ambiguous, the definition of "occurrence" must be interpreted in favor of coverage, say attorneys at Anderson Kill.

  • The State Of Prediction Market Litigation After 9th Circ. Ruling

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    The Ninth Circuit's recent decision in Kalshi v. Assad gives state regulators significant appellate backing to enforce state gaming laws over prediction markets, creating a direct split with the Third Circuit that will likely lead to Supreme Court review of the question, say attorneys at Arnold & Porter.

  • 11th Circ. FCA Qui Tam Revival Queues Up Next Challenges

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    Though the Eleventh Circuit on Sept. 1 upheld the constitutionality of the False Claims Act's qui tam provision, it will probably face continued litigation since the appellate court declined to rule on other constitutional challenges and the decision will likely be petitioned to the U.S. Supreme Court, say attorneys at Sheppard.

  • Series

    Ballet Makes Me A Better Lawyer

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    A lifetime of learning and performing ballet taught me that success — whether in dance or practicing law — comes only through hours of thorough preparation, boundless energy and relentless effort, says Sharon Katz-Pearlman at Greenberg Traurig.

  • Rejection Of NLRB Successor Bar Renews An Employer Tool

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    Although the D.C. Circuit's recent ruling in Hospital Menonita v. National Labor Relations Board does not allow purchasers to disregard incumbent unions, employers acquiring a unionized business have regained a tool to challenge a union's majority support, say attorneys at Bass Berry.

  • NY Ethics Opinion Warns Attys On Qui Tam Deception

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    A recent New York State Bar Association ethics opinion cautions that counsel representing whistleblowers may not induce, supervise or facilitate a client's deceptive prefiling investigations, creating a potential vulnerability for qui tam complaints built on questionable evidence-gathering methods, say attorneys at Sidley.

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