Appellate

  • October 30, 2026

    Custodia Urges High Court To Curb Fed 'Tyranny'

    Custodia Bank again urged the U.S. Supreme Court to review a Tenth Circuit ruling allowing regional Federal Reserve banks to deny eligible banks master accounts, saying only the high court can "put an end to the Fed's tyranny over financial innovation."

  • October 30, 2026

    Amazon Aims For Quick Appeal Of Partial Antitrust Class Cert.

    Amazon is seeking permission from the Ninth Circuit to immediately appeal a Washington federal judge's decision partly granting a group of online shoppers' class certification bid in an antitrust lawsuit alleging its vendor pricing policies inflated prices on Walmart and eBay's online marketplaces, according to a recent docket entry. 

  • October 30, 2026

    6th Circ. Backs Gun Ban For Mentally Incompetent People

    A man who law enforcement believes was planning an attack on Fort Knox, Kentucky, can be disarmed without violating his Second Amendment rights, because there is a historical tradition of not allowing people with a mental illness to own firearms, the Sixth Circuit has ruled.

  • October 30, 2026

    What To Know About The North Carolina Supreme Court Race

    The race for one seat on the North Carolina Supreme Court pits a Democratic incumbent looking to safeguard the party's dwindling faction on the court against a former Republican state representative who could increase the GOP's stronghold on the Tar Heel State's often contentious highest bench.

  • October 30, 2026

    Mich. High Court OKs Counting Ballots With Stub Errors

    With Election Day less than a week away, the Michigan Supreme Court denied a bid by the Republican National Committee to review a state appellate court opinion signing off on the state's procedure for counting absentee ballots with missing tabs or with numbers that do not match the number on their secrecy sleeves.

  • October 30, 2026

    9th Circ. Backs Meta In Publisher's Appeal Over Account Ban

    The Ninth Circuit Friday affirmed a lower court's dismissal of a Canadian news site's claim that Meta breached their agreement when it canceled the site's Facebook account, finding that Meta was acting in its capacity as a publisher and is therefore shielded by Section 230 of the Communications Decency Act.

  • October 30, 2026

    Colo. Justices Keep Graduated Income Tax Measure On Ballot

    The Colorado Supreme Court Friday affirmed the dismissal of a man's complaint seeking to have an initiative to raise taxes on the state's wealthiest residents removed from the ballot due to some petition entities not registering their circulators properly with the state.

  • October 30, 2026

    NY Pot Business Program Not Preempted By CSA, Court Says

    A New York state appeals court ended a lawsuit by a group of anti-cannabis activists that challenged state funding for recreational marijuana dispensary buildouts, ruling the funding doesn't conflict with federal drug law.

  • October 30, 2026

    2nd Circ. Rejects Reed Smith's Bid To Halt File Turnover

    The Second Circuit denied Reed Smith LLP's emergency stay request to pause lower court decisions requiring it to turn over client files related to shipping company Eletson on Friday, saying in a succinct order the same day that the bid didn't meet requirements outlined by the U.S. Supreme Court.

  • October 30, 2026

    2nd Circ. To Hear CFTC At Kalshi, Conn. Oral Arguments

    The Second Circuit on Friday said it would permit the U.S. Commodity Futures Trading Commission to share its views on prediction market regulation at upcoming oral arguments between Kalshi and Connecticut regulators.

  • October 30, 2026

    Kalshi Taps Clement For High Court Sports Contracts Fight

    Kalshi has hired appellate heavyweight Paul D. Clement of Clement & Murphy PLLC to represent the company in its potential U.S. Supreme Court battle over whether the prediction markets platform's sports wagering is subject to state or federal oversight.

  • October 30, 2026

    9th Circ. Revives NFL Sunday Ticket Antitrust Verdict

    The Ninth Circuit ruled Friday that a lower court was wrong to scrap a $4.7 billion jury verdict against the National Football League in a class action over the price of its Sunday Ticket broadcast package, but ordered a new trial on the damages.

  • October 30, 2026

    Pa. Justices Nix Damages For CEO Who Was Paid Late

    The Pennsylvania Supreme Court has ruled an employee can't sue an employer for liquidated damages stemming from unpaid wages if those wages were paid before the lawsuit was filed, even if the payday came late.

  • October 30, 2026

    Seed-Drill Patent Dispute Sent Back To PTAB By Fed. Circ.

    The Federal Circuit on Friday vacated a Patent Trial and Appeal Board decision finding that agricultural services firm Precision Planting LLC had not shown that a patent covering seed drills was obvious.

  • October 30, 2026

    Fed. Circ. Backs Sonos In Google Encryption Patent Fight

    The Federal Circuit on Friday said it won't reinstate Google's allegations that Sonos infringed a wireless technology patent, agreeing with how a California federal judge interpreted key language in the patent when looking at two of the search engine giant's infringement theories.

  • October 30, 2026

    Up Next At High Court: Religious Liberty & Unpled Defenses

    The U.S. Supreme Court will begin its November sitting by hearing oral arguments in a case challenging the constitutionality of Colorado's universal preschool program and a dispute asking the justices to settle a circuit split over whether defendants in civil lawsuits can seek summary judgment based on unpled affirmative defenses.

  • October 30, 2026

    Google Search Judge 'Increasingly Concerned' By Fix Delays

    Nearly a year after issuing his final mandates ordering Google to prop up search engine rivals with data and syndicated search results, a D.C. federal judge expressed concern during a hearing Friday that the process of readying the monopolization fixes won by the U.S. Department of Justice continues to drag on.

  • October 30, 2026

    4th Circ. Probes Class Cert. In Utility Group 401(k) Fee Suit

    The Fourth Circuit on Friday wrestled with an electric utility trade group's bid to undo class certification of a suit alleging excessive fees were charged to a 401(k) plan comprising workers from hundreds of employers, weighing the impact of recent precedent that revoked certification in another retirement plan suit.

  • October 30, 2026

    3rd Circ. Judge Notes 'Privilege' Of Voting In Pa. Ballot Fight

    A Third Circuit judge said Thursday that he believed there was "no indefeasible individual right to vote," splitting from his colleagues in an appeal over fee awards in an election case to opine on collective rights, who can enforce them and who benefits from litigation over election rules.

  • October 30, 2026

    Fed. Circ. Upholds BeSang Patent, Keeps Micron Ruling Intact

    The Federal Circuit on Friday affirmed the Patent Trial and Appeal Board's rejection of Micron Technology's and Intel Corp.'s challenges to a BeSang Inc. computer memory patent, but also upheld a ruling that led BeSang to concede Micron doesn't infringe.

  • October 30, 2026

    Alleged Stalker's Car Search Lawful, Texas High Court Rules

    The highest criminal court in Texas has ruled that a man cannot suppress evidence that he had an illegal firearm in his car because a vehicle inventory taken by police did not violate his Fourth Amendment rights, even if the search did not follow department policy.

  • October 30, 2026

    $9.1M Fee Award Against ChromaDex Erased By Fed. Circ.

    The Federal Circuit Friday overturned a $9.1 million attorney fee award issued to Elysium Health Inc. stemming from a patent infringement case brought by ChromaDex and Dartmouth College, ruling that a district judge had not gone far enough in his patent eligibility analysis.

  • October 30, 2026

    Humanitarian Nonprofit Won't Face Sex Harassment Claims

    A California appeals court refused to revive claims that a former employee of actor Sean Penn's nongovernmental organization was sexually harassed on the job by a firefighter, concluding an arbitrator did not overstep when he found the worker had filed her case too late.

  • October 30, 2026

    Tesla Drivers Urge Full 9th Circ. To Save False Ad Class

    Drivers have asked the full Ninth Circuit to clarify the standard for certifying class actions accusing companies of deceptive advertising, saying they should be allowed to forge ahead with classwide claims alleging Tesla misled customers about the autonomous or self-driving capabilities of its vehicles.

  • October 30, 2026

    Theme Park Can't Short-Circuit Patron's Trip-And-Fall Case

    A split appellate panel refused to shut down a premises liability suit against a Georgia amusement park on Friday, unswayed by the company's claim that the walkway where the plaintiff tripped and fell amounted to an obvious hazard.

Expert Analysis

  • Opinion

    'Plain Meaning' Requires Plainer Meaning In IP Litigation

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    The Federal Circuit's recent decision in Socket Solutions v. Import Global highlights the frequent ambiguity surrounding courts' references to "plain meaning" in patent claim construction — an ambiguity that should be resolved by courts, not litigants, say attorneys at Klarquist Sparkman.

  • What To Know As Legal Duty To Consider AI Takes Shape

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    While the U.K. Jurisdiction Taskforce’s recent statement on liability for artificial intelligence harms is nonbinding for both U.K. and U.S. lawyers, it highlights the importance of being able to distinguish between the availability of a tool and a professional obligation to use it, say Jonny Frank and Michael Costa at StoneTurn.

  • Patent Ruling Shows Concrete Tech Solution Key To Eligibility

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    The Federal Circuit’s recent Ceiva Opco v. Amazon.com decision offers an important reminder that software-related inventions can remain patent eligible when they claim a concrete technological solution to a specific problem, says Irah Donner at Manatt.

  • Appellate Vape Rulings May Expand State Regulation Powers

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    Two recent federal appeals courts decisions rejecting Federal Food, Drug and Cosmetic Act preemption challenges to state electronic nicotine delivery systems directory laws signal an emerging appellate consensus that could significantly expand states' power to regulate vaping product sales where federal enforcement falls short, say attorneys at Troutman.

  • How Solar Fraud Case Affects Lender Oversight Of Dealers

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    The U.S. Supreme Court's refusal to review the Third Circuit's ruling in Migliore v. Sunlight Financial means that residential solar finance companies are protected from vicarious liability for deceptive acts by independent solar dealers — but lenders must still take steps to guard against dealer misconduct, says Rand Manasse at Green Lane Partners.

  • Fed. Circ. Rulings Emphasize Adjudicative Access And Review

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    Decisions from the Federal Circuit's 2026 docket indicate that the court is increasingly paying attention to whether tribunals possess authority to act, meaning practitioners will need to properly address procedural hurdles before they can argue the merits of a case, say attorneys at Reichman Jorgensen.

  • Amazon v. Perplexity Ruling Limits CFAA Reach Over AI Tools

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    The Ninth Circuit's recent decision in Amazon v. Perplexity provides important early guidance on how the Computer Fraud and Abuse Act applies to agentic artificial intelligence, and is the latest in a line of rulings in which courts have declined to stretch existing statutes to broadly regulate AI, say attorneys at Ropes & Gray.

  • Managing OSHA Mental Illness Logs After 5th Circ. Vacatur

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    Employers with facilities in multiple states need to carefully weigh their recordkeeping procedures following the Fifth Circuit’s recent decision that the Occupational Safety and Health Administration cannot require employers to log work-related mental illness, as inconsistent logs across facilities may raise other issues, say attorneys at Haynes Boone.

  • Expect More Probes After 3rd Circ. Algorithmic Pricing Ruling

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    The Third Circuit's recent decision in Cornish-Adebiyi v. Caesars Entertainment, allowing algorithmic price-fixing claims to proceed past motions to dismiss, may serve as a road map for how to contend with increased litigation risk in this developing area of antitrust law, say attorneys at BakerHostetler.

  • Series

    Being In A Band Made Me A Better Lawyer

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    Playing shows in storied New York City venues and rehearsing with my bandmates in poorly ventilated rooms helped develop the professional qualities I rely on as a litigator, including an ability to collaborate with strong-minded equals and the determination to treat each client with singular focus, says Eliad Shapiro at Herrick Feinstein.

  • Notable Q2 Updates In Insurance Class Actions

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    After 2026's second quarter, there is more authority rejecting class certification on total loss valuation theories from courts at the federal circuit, federal district and state appellate level — along with a resolution of a novel issue of depreciation on a wildfire claim, says Kevin Zimmerman at BakerHostetler.

  • 10th Circ. Ruling Undermines False Ad 'Two Clicks' Rule

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    The Tenth Circuit’s recent ruling in KetoNatural Pet Foods v. Hill's Pet Nutrition substantially challenges a long-standing assumption that a company can avoid responsibility for promotional claims simply because the consumer encountered them by clicking a hyperlink to a third-party website, say attorneys at Venable.

  • How Drug Trial Prediction Markets Pose Insider Trading Risks

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    Multiple prediction market platforms have recently announced plans to offer event contracts related to clinical trial outcomes and regulatory decisions, creating new insider trading risks by expanding the group of people possessing related material nonpublic information far beyond traditional corporate insiders, say attorneys at King & Spalding.

  • Mich. Ruling Gives Consumer Protection Law Its Teeth Back

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    The Michigan Supreme Court's recent decision in Attorney General v. Eli Lilly, overruling key holdings in two earlier cases, means that Michigan businesses can no longer defeat allegations of deceptive conduct under the state's consumer protection law simply by pointing to any governmental regulation of the business, say attorneys at DiCello Levitt.

  • Series

    Law School's Missed Lessons: Surviving A Long Trial

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    Most of law school trial advocacy is geared toward the sprint of trying a short case, but beyond managing a cross-examination or closing argument, effectively handling the marathon of a lengthy trial requires the ability to maintain composure, organization and credibility with the jury, says Mihir Elchuri at Hirschler.

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