Appellate

  • August 05, 2026

    Texas Panel Cuts China Golf Cart-Maker From Fatal Crash Suit

    Litigation concerning a fatal golf cart rollover at a San Antonio country club that killed a passenger and severely injured another will have to proceed without the Chinese manufacturer as a defendant, a state appeals court ruled on Monday after finding Texas courts didn't have jurisdiction.

  • August 05, 2026

    Incumbent Wash. Justices On Top In Early Primary Results

    Three incumbent Washington State Supreme Court justices — including two governor appointees — led their respective primary races Wednesday, as a state trial judge edged ahead in the race for another open seat on the high court, according to preliminary election results.

  • August 05, 2026

    CREXi Wants 9th Circ. To Undo Quinn Emanuel CoStar Row DQ

    Commercial Real Estate Exchange Inc. doesn't want to replace Quinn Emanuel Urquhart & Sullivan LLP after a California federal judge disqualified the firm from defending a copyright infringement suit by CoStar, seeking Ninth Circuit intervention and a pause on the district court case.

  • August 05, 2026

    Stewart Says Patent System 'Crisis' Fueled USPTO Changes

    Coke Morgan Stewart, the deputy director of the U.S. Patent and Trademark Office who left the agency last week, said in an interview with Law360 this week that new limits on patent challenges and other policy changes she helped lead were driven by a sense that the patent system was in "a pretty significant crisis."

  • August 05, 2026

    Panel Rejects BMS Investor's Bid To 'Camouflage A Wolf'

    A New Jersey state appeals court said an investor's amended complaint over Bristol-Myers Squibb Co.'s $74 billion acquisition of Celgene Corp. was a wolf camouflaged in sheep's clothing, finding that the investor's claims of disclosure requirement shortfalls sounded more in fraud than negligence and failed to satisfy the heightened pleading standard required.

  • August 05, 2026

    NYC's Food Apps Data Law Goes Too Far, 2nd Circ. Says

    A New York City law that would require DoorDash, GrubHub and other delivery apps to share customer data with the restaurants fulfilling food orders violates the First Amendment, the Second Circuit ruled Wednesday.

  • August 05, 2026

    Fed. Circ. Backs Another Lululemon Win On Nike Patent

    The Federal Circuit on Wednesday refused to revive claims in a Nike fitness tracker patent challenged by Lululemon, affirming a Patent Trial and Appeal Board decision that the claims were invalid.

  • August 05, 2026

    Backing Penalty For 1st Misquote, Panel 'Stunned' By Another

    A solo practitioner in North Carolina sanctioned for misleading a trial court judge with a misquote in his pleadings "stunned" an appellate panel when he made yet another quotation blunder in his brief on appeal, according to a published opinion Wednesday affirming his punishment.

  • August 05, 2026

    Pa. Panel Says Screenshots Not Hearsay In Stolen Money Case

    A juvenile who was sentenced to be placed in a secure detention facility after stealing money electronically from his guardian cannot have his conviction overturned after a Pennsylvania appeals court ruled that screenshots showing money transfers in a banking app were not hearsay.

  • August 05, 2026

    9th Circ. Urged To Revisit Klamath Project ESA Ruling

    A water association is asking the Ninth Circuit to rethink a ruling that held the Endangered Species Act applies to the operation and management of an Oregon irrigation project, arguing that the appellate court left "an unworkable" framework to determine a threshold question over nondiscretionary federal agency actions.

  • August 05, 2026

    No Coverage For Assisted Living Death, Fla. Panel Says

    A Florida appellate court on Wednesday reversed a judgment that required National Assisted Living Risk Retention Group to provide coverage for a wrongful death suit from a resident's 2012 death, finding no claim was made during the relevant policy period.

  • August 05, 2026

    Ga. Panel Weighs Damages Law In $950K Walmart Fall Case

    The Georgia Court of Appeals on Wednesday considered if a new trial is warranted in a woman's slip-and-fall case against Walmart, grappling with whether her attorney's arguments to obtain a $975,000 verdict were improper under a state law amended in 2025.

  • August 05, 2026

    Netlist, Samsung Enter 5-Year Deal To End Extensive IP Feud

    Netlist and Samsung have resolved their multipronged patent fight after reaching a deal in which the South Korean electronics giant agreed to make multimillion-dollar payments to get access to a portfolio of Netlist's patents.

  • August 05, 2026

    Murdaugh Loses Jury Tampering Suit Against Ex-Court Clerk

    A South Carolina federal judge on Wednesday dismissed disgraced attorney Alex Murdaugh's jury tampering suit against a former court clerk who was found to have interfered in his murder trial, ruling there was no connection between his alleged damages and the ex-clerk's misconduct.

  • August 05, 2026

    Pa. Court Wipes Out $19M Verdict In Nursing Home Death Suit

    A Pennsylvania appeals court has vacated $19 million in damages, including $15 million in punitive damages, in a suit against nursing home operators and managers over the death of a resident, finding the trial court should have reconsidered damages after negating liability against two of the four defendants.

  • August 05, 2026

    Atty Scolded Over Bogus Cases In San Antonio School Fight

    A Texas state appellate panel on Wednesday admonished counsel for submitting a brief with four bogus case citations likely generated by artificial intelligence in defending a parent's lawsuit against a school district for suspending her fifth-grade son.

  • August 05, 2026

    High Court To Hear Intel 401(k) Suit Arguments In October

    The U.S. Supreme Court has set an October date for oral arguments in an appeal from Intel workers who argued the Ninth Circuit imposed too strict a standard when it upheld the dismissal of their lawsuit alleging their retirement savings were dragged down by underperforming investment options.

  • August 05, 2026

    DC Gun Ban Suit Paused For High Court Look At Ill. Case

    A D.C. federal judge has stayed the Trump administration's challenge to the city's prohibition on silencers and AR-15s, ordering the case to remain on ice until the U.S. Supreme Court rules on a similar challenge to semiautomatic bans in Illinois and Connecticut.

  • August 05, 2026

    Court Wrongly Nixed $750K Tax Debt Collection, 6th Circ. Told

    An Ohio federal court wrongly found that the U.S. government couldn't collect on a man's federal tax liabilities of over $750,000 via a property sale, the government told the Sixth Circuit, saying while the man's mother holds legal title to the property, he is its equitable owner.

  • August 05, 2026

    Fed. Circ. Told Injunction Against Samsung Is Warranted

    Collision Communications Inc. wants the Federal Circuit to undo a Texas federal judge's decision denying its bid to block Samsung from selling products a jury found were infringing, saying the judge "went inexplicably astray" following the $445 million verdict.

  • August 05, 2026

    11th Circ. Clarifies When Bad Atty Claim Favors Removal Redo

    The Board of Immigration Appeals erred in denying a Guatemalan national's bid to reopen his case due to ineffective counsel, the Eleventh Circuit has ruled, finding the man did not have to specifically file a complaint with the relevant state bar.

  • August 05, 2026

    NJ Justices Nix Extra COVID Pay For School Custodians

    The New Jersey Supreme Court ruled Wednesday that a state law passed during the COVID-19 pandemic properly barred school custodians from claiming extra emergency pay under their collective bargaining agreement, finding that the law required employees to be treated as if schools had stayed open.

  • August 04, 2026

    5th Circ. Confronts Intervention Row In Prairie-Chicken Suit

    A Fifth Circuit panel appeared skeptical of a U.S. government attorney's assertion that an environmental advocacy group waited too long to enter a lawsuit to contest the Trump administration's decision to scrap an endangered species listing for the lesser prairie-chicken.

  • August 04, 2026

    5th Circ. Hints Texas App Age-Check Law Needs More Review

    A Fifth Circuit panel wanted to know whether the lower court should have gone "provision by provision" before halting a Texas law that requires app store owners to block minors from downloading apps without parental consent, suggesting the lower court needed to do more while weighing the legislation's constitutionality.

  • August 04, 2026

    Colo. Panel Mulls Med Mal Retrial Bid Over Pretrial Meeting

    A Colorado man urged a state appellate court Tuesday to order a new trial in his medical malpractice lawsuit in which jurors sided with his physicians, arguing to a skeptical panel that the defense's ex parte pretrial meeting with his own treating surgeon caused him prejudicial harm.

Expert Analysis

  • What Justices Are Focusing On In 'Skinny Label' Patent Case

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    Though Hikma v. Amarin appears to be a patent dispute that could reshape inducement doctrine in the pharmaceutical context, oral argument suggests the U.S. Supreme Court may treat this as primarily a pleading-stage dispute, with important unresolved questions lurking beneath the surface, says Shashank Upadhye at Upadhye Tang.

  • Employer Tips After 4th Circ. Rejects Trimmed Suit Deadlines

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    The Fourth Circuit's recent holding in Thomas v. EOTech that employers cannot use contractual provisions to shorten statutory filing periods for Title VII or Age Discrimination in Employment Act claims offers a warning for employers to review any such documents and reassess their litigation risk, say attorneys at Ogletree.

  • Binance Win Shows Constraints On Anti-Terrorism Act Claims

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    The Southern District of New York's recent ruling in Troell v. Binance illustrates that the Second Circuit's earlier decision in Ashley v. Deutsche Bank is holding weight with courts, and companies facing aiding and abetting risk should thus monitor evolving case law and assess exposure based on nexus allegations, say attorneys at Freshfields.

  • Understanding The Insider Trading Gap In Prediction Markets

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    While the first-ever insider trading indictment involving a prediction market — the recent prosecution of a service member involved in the capture of Nicolás Maduro — comprised extreme facts and straightforward legal theories, future cases will test the bounds of insider trading law, say attorneys at Baker McKenzie.

  • Heppner Ruling Left AI Privilege Risk For Lawyers Unresolved

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    While a New York federal judge’s recent ruling in U.S. v. Heppner resolved a privilege question surrounding client-side artificial intelligence use, it did not address how to mitigate the risks that can arise when confidential information enters the operative context of an AI system used by an attorney, says Jianfei Chen at Quarles & Brady​​​​​​​.

  • How 10 Years Of Case Law Have Shaped The DTSA

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    As the Defend Trade Secrets Act reaches its 10th anniversary, attorneys at Ropes & Gray examine recent DTSA case law and highlight key takeaways regarding pleading requirements, damages and risk factors.

  • The Ethics And Practicalities Of Representing AI Agents

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    With autonomous artificial intelligence agents now able to take action without explicit instructions from — or the awareness of — their human owners, the bar must confront whether existing frameworks like informed consent and client privilege will be sufficient on the day an AI agent calls seeking counsel, say attorneys at Morrison Cohen.

  • Notable Q1 Updates In Insurance Class Actions

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    Notable insurance class action decisions from the first quarter of the year included reminders about the statute of limitations as a key defense for claims relating to allegedly deficient forms, the importance of focus on the specific contract at issue and further guidance on the contours of Rule 23, says Kevin Zimmerman at BakerHostetler.

  • 9th Circ.'s Silence Prolongs Uncertainty On Cemex Framework

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    By affirming a bargaining order in Cemex Construction Materials v. National Labor Relations Board without opining on the NLRB’s 2023 expansion of its authority to issue such orders, the Ninth Circuit avoided direct conflict with the Sixth Circuit’s rejection of the same framework, prolonging uncertainty for employers facing union elections, say attorneys at Dinsmore & Shohl.

  • Arguments Show Justices Vacillating On Geofence Warrants

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    Questions and statements by the justices during recent oral arguments in Chatrie v. U.S., probing the Fourth Amendment limits of geofence warrants, revealed a Supreme Court that is skeptical of the government’s most sweeping claims, uncomfortable with the petitioner’s broadest theories and searching for a narrow off-ramp, say attorneys at Rogers Joseph.

  • Surveying The CFTC Campaign To Control Prediction Markets

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    The U.S. Commodity Futures Trading Commission is simultaneously asserting exclusive jurisdiction over prediction markets and signaling aggressive enforcement within them, a combination that will reshape the regulatory landscape for event contract platforms — pending the outcome of several court cases throughout the country and a likely circuit split, say attorneys at Paul Weiss.

  • Series

    Speed Jigsaw Puzzling Makes Me A Better Lawyer

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    My passion for speed puzzling — I can complete a 500-piece jigsaw puzzle in under 50 minutes — has sharpened my legal skills in more ways than one, with both disciplines requiring patience, precision and the ability to keep the bigger picture in mind while working through the details, says Tazia Statucki at Proskauer.

  • Documenting Business Purpose After IRS' 10th Circ. Win

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    Following the Tenth Circuit’s recent Liberty Global v. U.S. decision, which held the economic substance doctrine does not require a threshold relevancy determination, taxpayers can prepare for potential audits by maintaining contemporaneous documentation and taking other steps that demonstrate the business purpose of transactions, say attorneys at Crowell & Moring.

  • Why White Collar Juries Resist 'Honest Mistake' Defenses

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    Cases like the bribery conviction of a Cincinnati City Council member recently vacated by the U.S. Supreme Court show juries often reject “I made an honest mistake” as a white collar defense, but attorneys who understand why jurors convict defendants who made reasonable but flawed decisions can strategize around this, says Jonathan Porter at Husch Blackwell.

  • High Court's Cox Ruling Leaves ISP Copyright Rules Intact

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    Though some commentators predicted a cataclysmic impact from the U.S. Supreme Court's recent decision in Cox v. Sony, in actuality the decision correctly maintains the status quo for internet providers' copyright infringement liability, says Courtney Sarnow at CM Law.

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