Appellate

  • January 22, 2026

    Fed. Circ. Says Livestream Patent In Google Suit Is Abstract

    A Federal Circuit panel on Thursday agreed with a Washington federal court's conclusion that a livestreaming patent asserted against Google covers a patent-ineligible abstract idea, finding the relevant claims were too "result-oriented."

  • January 22, 2026

    Full 5th Circ. Weighs Order Blocking Texas Migrant Arrest Law

    The full Fifth Circuit pushed multiple immigrants' rights organizations to explain why a Texas law allowing the state to arrest unauthorized immigrants could not stand, asking Thursday where it says in the U.S. Constitution immigrants have a right to file for asylum.

  • January 22, 2026

    Pa. Justices Say Chester Can't Move Utility Assets Alone

    The Supreme Court of Pennsylvania has declared that the city of Chester lost the ability to single-handedly reclaim the assets of its water utility when the composition of the authority's board changed.

  • January 22, 2026

    Proposed Subpoena Rule Change Raises Victim Privacy Fears

    A proposal to loosen restrictions on the use of federal criminal subpoenas would endanger and further traumatize victims of crime, most of whom lack legal representation to fight the invasive demands, victims' rights advocates told a federal rules advisory committee on Thursday.

  • January 22, 2026

    6th Circ. Clears 911 Dispatch Of Failure To Stop Murder

    Michigan county dispatchers can't be held responsible for the murder of a man by his mentally ill son, the Sixth Circuit ruled Thursday, finding that although the son told 911 he "might do something bad" an hour before the killing, the agency's "failure to act does not suffice."

  • January 22, 2026

    7th Circ. Says Mower-Maker Toro Must Face Amputation Suit

    The Seventh Circuit on Wednesday reversed a win for The Toro Company in a suit brought by a woman who lost a leg in an incident with a riding lawn mower, finding that one of her experts should be allowed to testify about brakes.

  • January 22, 2026

    Judge Recommends Toss Of Ex-Deputy's Political Firing Suit

    A Georgia federal judge has recommended tossing a former metropolitan Atlanta deputy sheriff's suit alleging he was forced to resign because he supported the sheriff's 2024 election opponent, while also urging sanctions against the deputy's attorney for citing nonexistent cases and misstating the law.

  • January 22, 2026

    Bally's Casino Beats Bartenders' Age Bias Suit Appeal

    A New Jersey appellate court on Thursday upheld dismissal of claims accusing Bally's Atlantic City Hotel & Casino of preventing unionized bartenders from working at a new casino bar because of their age, finding that the claims fail to show a discriminatory motive for the bar's hiring decisions.

  • January 22, 2026

    5th Circ. Won't Restore Plastics Co.'s $75M IP Jury Award

    The Fifth Circuit is standing behind a lower court's decision throwing out a verdict of more than $75 million that plastics manufacturer Trinseo Europe GmbH won in a suit accusing a former Dow Chemical Co. employee and Kellogg Brown & Root LLC of swiping trade secrets.

  • January 22, 2026

    Merck Can't Get Fed. Circ. To Reconsider Axing MS Drug Patents

    The Federal Circuit on Thursday refused to reconsider decisions invalidating Merck KGaA patents on the blockbuster multiple sclerosis drug Mavenclad, turning aside the German drugmaker's claim that the court set an unjust new rule that means inventors' work can later be used against them.

  • January 22, 2026

    Poland Faces $40M Award Revival Bid In DC Circuit

    Mercuria Energy Group urged the D.C. Circuit on Thursday to revive the Cypriot commodities trader's bid to enforce a since-annulled $40 million arbitral award against Poland, saying the United States' commitment to its arbitration-related treaty obligations is at stake.

  • January 22, 2026

    11th Circuit Reopens Telemundo Sexual Harassment Claims

    The Eleventh Circuit gave new life Thursday to a sexual harassment suit from a former Telemundo employee who said she faced retribution for reporting what she alleged was her superiors' misconduct, ruling that she "unquestionably" engaged in protected activity amid "humiliating and degrading" treatment.

  • January 22, 2026

    Care Co. Says 3rd Circ. Ignored Loper Bright In Backing DOL

    A home health company urged the Third Circuit to rethink its decision upholding a $1 million judgment against it after finding that the U.S. Department of Labor could strip third-party employers of an overtime exemption, saying the decision flouted the U.S. Supreme Court's Loper Bright ruling.

  • January 22, 2026

    Fla. Prisoner Owes Corrections Dept. $198K, Panel Says

    A Florida state appeals court has ruled that an incarcerated man can be ordered to pay $198,000 in restitution to the state's corrections department to cover the cost of his prison sentence, and that the agency correctly calculated the total he owes.

  • January 22, 2026

    10th Circ. Partly Revives Pest Control Co.'s Fraud Claims

    The Tenth Circuit has partially revived a case brought by one pest control company against a competitor alleging the business rival bribed employees to turn over sales data, disagreeing with a lower court that the company had not shown financial losses.

  • January 22, 2026

    5th Circ. Appears Divided On President's Alien Enemies Power

    The full Fifth Circuit appeared divided Thursday on whether President Donald Trump can label any threat an "invasion" or "predatory incursion" under the 1798 Alien Enemies Act, with judges split between giving the president broad deference and those doubtful the courts have only a limited role.

  • January 22, 2026

    10th Circ. Grapples With White Officer's Diversity Fight

    The Tenth Circuit wrestled Thursday with whether to revive a white former corrections officer's twice-dismissed suit accusing the Colorado Department of Corrections of creating a racially hostile environment through diversity training, with one judge questioning the impact of a recent U.S. Supreme Court ruling that favored majority group plaintiffs.

  • January 22, 2026

    3rd Circ. Says Medical Pot Contract May Violate Federal Law

    The Third Circuit on Thursday vacated a medical cannabis company's win in a lawsuit filed by a consultant claiming that it had stolen his trade secrets for growing marijuana samples, finding it couldn't decide the appeal because the parties' contract might have violated federal drug law.

  • January 22, 2026

    2nd Circ. Stays Nielsen's National-Local Data Tying Block

    The Second Circuit temporarily paused a New York federal judge's order blocking Nielsen from tying access to its nationwide radio ratings data to the purchase of local market data.

  • January 22, 2026

    Pa. Justices Say Judge's Partisan Posts Warrant Suspension

    Pennsylvania's highest court has adopted a balancing test for restricting a sitting judge's free speech outside the context of an election and, in doing so, affirmed the suspension of a state court judge who it said damaged the court's appearance of impartiality by making political posts on social media.

  • January 22, 2026

    NCAA Tells 4th Circ. Appeal Of Eligibility Ruling Should Go On

    The NCAA has urged the Fourth Circuit to keep hearing its appeal of a preliminary injunction letting four West Virginia University football players compete in a season that is now over, arguing that similar challenges to its eligibility rules are inevitable.

  • January 22, 2026

    Hotel Must Honor Deal Reached By Solo Atty, 1st Circ. Rules

    A Massachusetts hotel cannot escape a $580,000 deal settling a class action and three individual wage and hour cases, the First Circuit ruled, rejecting the entity's argument that a conflict of interest arose when the plaintiffs' counsel represented both the workers in all four cases.

  • January 22, 2026

    Ex-Ga. GOP Chair Likely Stuck With Party's Settlement Bill

    The Georgia Court of Appeals signaled Thursday it was unlikely to throw out a judgment the state Republican Party won against its former chairman after he allegedly botched settlement talks in an underlying suit, due largely to his failure to obtain the trial court's record.

  • January 22, 2026

    Ethanol Biz Loses Bid To Overturn €48M Price-Fixing Fine

    A Swedish ethanol producer failed on Thursday to overturn a €47.7 million ($55.9 million) fine for colluding to maintain high prices by market manipulation after a European appeals court ruled that a competition watchdog did not presume it was guilty.

  • January 21, 2026

    NJ Justices Wrestle With Cases Complicated By ICE Custody

    The New Jersey Supreme Court wondered Wednesday how to manage case flow when detained or deported defendants are prevented by U.S. Immigration and Customs Enforcement from attending their proceedings, lamenting the difficult choice of options including letting matters languish, conducting criminal trials virtually or issuing bench warrants that could complicate immigration cases.

Expert Analysis

  • Fed. Circ. Patent Decisions In 2025: An Empirical Review

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    In 2025, the Federal Circuit's increased output was not enough to keep up with its ever-growing patent case load, and patent owners and applicants fared poorly overall as the court's affirmance rate fell, says Dan Bagatell at Perkins Coie.

  • Key False Claims Act Trends From The Last Year

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    The False Claims Act remains a powerful enforcement tool after some record verdicts and settlements in 2025, and while traditional fraud areas remain a priority, new initiatives are raising questions about its expanding application, says Veronica Nannis at Joseph Greenwald.

  • Series

    Hosting Exchange Students Makes Me A Better Lawyer

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    Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.

  • Postconviction Law In 2026: A Recalibration, Not A Revolution

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    As the U.S. Supreme Court prepares to issue decisions in several federal postconviction cases in the coming months, the justices appear focused on restoring coherence to a system in which sentencing modification, collateral review and finality increasingly overlap, and success for practitioners will depend on strategic clarity, say attorneys at the Law Offices of Alan Ellis.

  • How Mediation Can Lead To Better Environmental Settlements

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    The Tenth Circuit's recent directive to the parties litigating Denver Water's expansion of the Gross Reservoir and Dam to mediate their dispute is a reminder that mediation in environmental matters can save time and money, and achieve a settlement that helps both sides reach their goals, says Heidi Friedman at Thompson Hine.

  • 4th Circ. Class Ruling Complicates Data Breaches For Biz

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    The Fourth Circuit’s recent exclusion of data-breach victims from a putative class because their stolen information had not been made public further complicates how businesses should manage risk and incident response amid a growing circuit split over related questions of standing, says Brandon Hollinder at Epiq.

  • How A 1947 Tugboat Ruling May Shape Work Product In AI Era

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    Rapid advances in generative artificial intelligence test work-product principles first articulated in the U.S. Supreme Court’s nearly 80-year-old Hickman v. Taylor decision, as courts and ethics bodies confront whether disclosure of attorneys’ AI prompts and outputs would reveal their thought processes, say Larry Silver and Sasha Burton at Langsam Stevens.

  • Opinion

    Faulty Legal Assumptions Obscure Police Self-Defense Law

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    As illustrated by the public commentary surrounding the shooting of Renee Nicole Good by an immigration agent, lawyers sometimes have mistaken assumptions about the applicability of self-defense when law enforcement officers deploy deadly force, but the governing legal standard is clear, says Markus Funk at White & Case.

  • 2026 Int'l Arbitration Trends: Tariffs Drive Transformation

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    In 2025, the Trump administration's sweeping tariffs triggered an unprecedented wave of trade-related disputes — and this, along with evolving M&A practices, the challenges of enforcing arbitral awards against sovereign states, and the role of emerging technologies, will continue to drive international arbitration trends this year, say attorneys at Cleary.

  • Takeaways From 7th Circ.'s Bank Fraud Conviction Reversal

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    The Seventh Circuit’s recent decision in U.S. v. Robinson, holding that a bank fraud conviction must be grounded in a clear misrepresentation to the financial institution itself, signals that the court will not hesitate to correct substantive errors, even in unpreserved challenges, say attorneys at Quinn Emanuel.

  • Navigating Privilege Law Patchwork In Dual-Purpose Comms

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    Three years after the U.S. Supreme Court declined to resolve a circuit split in In re: Grand Jury, federal courts remain split as to when attorney-client privilege applies to dual-purpose legal and business communications, and understanding the fragmented landscape is essential for managing risks, say attorneys at Covington.

  • AI-Driven Harassment Poses New Risks For Employers

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    Two recent cases show that deepfakes and other artificial intelligence‑generated content are emerging as a powerful new mechanism for workplace harassment, and employers should take a proactive approach to reduce their liability as AI continues to reshape workplace dynamics, say attorneys at Littler.

  • 9th Circ. Copyright Ruling Highlights Doubts On Intrinsic Test

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    Two concurring opinions in Sedlik v. Von Drachenberg may mark an inflection point in the Ninth Circuit's substantial-similarity jurisprudence, inviting copyright litigants to reassess strategy as the court potentially shifts away from the intrinsic test, say attorneys at Troutman.

  • Series

    Calif. Banking Brief: All The Notable Legal Updates In Q4

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    The regulatory and litigation developments for California financial institutions in the fourth quarter of 2025 were incremental but consequential, with the Department of Financial Protection & Innovation relying on public enforcement actions to articulate expectations, and lawmakers and privacy regulators playing a role as well, says Stephen Britt at Stinson.

  • Series

    Fly-Fishing Makes Me A Better Lawyer

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    Much like skilled attorneys, the best anglers prize preparation, presentation and patience while respecting their adversaries — both human and trout, says Rob Braverman at Braverman Greenspun.

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