Appellate

  • August 18, 2026

    Hesai Deprived Due Process Over DOD List, DC Circ. Says

    A D.C. Circuit panel held Tuesday that a Department of Defense decision to include Shanghai lidar-maker Hesai on a list of Chinese military companies didn't give the company due process, reversing a lower court's ruling while also allowing the designation to remain in effect.

  • August 18, 2026

    Big Tech, PTAB Attys Urge Justices To Fix USPTO Power Grab

    The Federal Circuit's refusal to curb the U.S. Patent and Trademark Office director's power over instituting Patent Trial and Appeal Board challenges has allowed leaders to "wreak havoc" without accountability, top tech companies have warned the U.S. Supreme Court.

  • August 18, 2026

    11th Circ. Says Clerk's Notice Fail Sank Fla. Funds Seizure

    The Eleventh Circuit ruled Monday that a Florida county court clerk violated the Fifth and Fourteenth amendments by taking funds deposited in a court registry as part of an eviction proceeding, because the clerk's notice to the owner of the funds was not reasonably calculated to reach him.

  • August 18, 2026

    Texas AG Asks 1st Circ. To Revive ActBlue Suit

    The Texas attorney general has asked the First Circuit to revive his Texas-based lawsuit against Democratic fundraising platform ActBlue after a Massachusetts federal court blocked it, saying the federal judge improperly stymied his state-based fraud claims.

  • August 18, 2026

    5th Circ. Rejects Texas Water Case Against River Authority

    The Fifth Circuit refused Tuesday to revive a private water utility's antitrust case targeting Texas' San Jacinto River Authority contract fees designed to reduce groundwater use, concluding that the contract was not designed to fix prices.  

  • August 18, 2026

    Feds Seek Full 4th Circ. Review Of DEI Firings Row

    The federal government urged the Fourth Circuit to review a split panel's decision requiring the CIA and Office of the Director of National Intelligence to allow intelligence officers who were fired for their involvement with assignments related to DEI and accessibility to appeal their terminations.

  • August 18, 2026

    Ga. Justices Won't Revisit MARTA Rider's Injury Case

    Georgia's justices said they will not take up the case of a woman who alleged she was injured when a Metropolitan Atlanta Rapid Transit Authority bus driver started driving while she was still paying her fare, allowing a summary judgment ruling in favor of MARTA and the driver to stand.

  • August 18, 2026

    Fla. Panel Undoes Fraud Finding In Pot Extract Machine Suit

    A Florida entrepreneur and engineer accused of failing to deliver on a marijuana extraction system known as the Green Machine will get an opportunity to convince a jury he's not on the hook for the device, a state appeals court ruled, saying a trial is needed to determine whether he is personally responsible.

  • August 18, 2026

    Texas Court Wipes Ex-GloriFi CEO's Claims Against Investor

    A Texas appellate court tossed counterclaims brought by the former CEO of defunct conservative fintech company GloriFi against an erstwhile investor, saying he failed to show the investor defamed him.

  • August 18, 2026

    10th Circ. Revisits Banks' Challenge To Colo. Opt-Out Law

    The Tenth Circuit on Tuesday reconsidered a challenge from banking groups to a Colorado law intended to curb high-cost lending by out-of-state banks, pressing counsel on the practicality of Colorado's law and the history of a federal interest rate law.

  • August 18, 2026

    3rd Circ. Revisits Jury Instruction On Drug Custody Proof

    The Third Circuit has ruled that the government was not required to prove beyond a reasonable doubt the chain of custody for narcotics shown to a jury in a drug conspiracy and distribution case.

  • August 18, 2026

    Tax Court's Petition Deadline Isn't Flexible, 1st Circ. Rules

    The deadline for filing a petition in the U.S. Tax Court isn't a jurisdictional bar that prevents the court from hearing a Maine company's late-filed challenge of a transferee liability notice for unpaid taxes, but the deadline can't be extended to create fairness, the First Circuit said.

  • August 18, 2026

    2nd Circ. Lets Stand Cumulus' Nielsen Data Unbundling Order

    The Second Circuit declined Tuesday to reconsider a ruling that Nielsen cannot tie together sales of its local and national radio data, sustaining a win for the troubled Cumulus Media New Holdings Inc. even as the company tries to enforce the lower court's order against the ratings giant.

  • August 18, 2026

    4th Circ. Backs Block On ICE Actions At Houses Of Worship

    The Fourth Circuit on Tuesday affirmed a district court injunction blocking a 2025 U.S. Immigration and Customs Enforcement policy that loosened prior restrictions on immigration enforcement in houses of worship, finding it likely burdens the free exercise of religion.

  • August 18, 2026

    Fed. Circ. Won't Revive PTAB Challenge Of Westport Patents

    The Federal Circuit on Tuesday said the Patent Trial and Appeal Board was right when it declined to eliminate claims in a pair of fuel injection patents owned by Westport Fuel Systems Canada Inc., saying that Mercedes-Benz and an engineering and technology company didn't prove the invention's obviousness.

  • August 18, 2026

    11th Circ. Affirms Kickback Convictions For Pain Doc, Salesman

    The Eleventh Circuit on Tuesday affirmed the conviction and sentences of a Florida pain doctor and a salesman found guilty of participating in a kickback conspiracy for prescribing a fentanyl spray, ruling prosecutors had "overwhelming" evidence the men knowingly participated in "sham" drug promotion events.

  • August 18, 2026

    High Court Told It Must Block Ballroom To Balance Power

    The U.S. Supreme Court must deny President Donald Trump's bid to lift a ban on construction of a White House ballroom, a historical preservation nonprofit told the justices Tuesday, contending that a ruling in the president's favor would wrongly enable him to continue usurping Congress' authority and dodging judicial review.

  • August 18, 2026

    Sandy Hook Families Say Alex Jones Co. Can't Dodge Bond

    Sandy Hook Elementary School massacre victims' families have asked the Texas Supreme Court to dissolve an appeals court order blocking a receiver from deploying the assets of Alex Jones' Free Speech Systems LLC, saying the company is stalling a $1.3 billion judgment collection effort without posting the required bond.

  • August 18, 2026

    Mich. Panel Revives $900K Hyperbaric Chamber Coverage Suit

    A Michigan appellate court panel on Monday revived Corewell Health's suit seeking recovery of nearly $900,000 from State Farm Insurance for hyperbaric oxygen therapy that was provided to a child who suffered a traumatic brain injury after he was struck by a vehicle while riding his bike.

  • August 18, 2026

    Feds Tell 6th Circ. Ábrego García Prosecution Should Go On

    The Trump administration has urged the Sixth Circuit to revive its prosecution of Kilmar Ábrego García on human smuggling charges after the administration mistakenly deported him to El Salvador, arguing a Tennessee federal judge erred in finding a tainted investigation.

  • August 18, 2026

    LA Pot Partnership Deal Void, Calif. Appeals Court Says

    A California state appeals court has affirmed a lower court's determination that a partnership agreement tied to a group of medical marijuana dispensaries could not be enforced because it called for operations that violated a Los Angeles city ordinance.

  • August 18, 2026

    3rd Circ. Nixes Prof's Disability Bias Win, Calls For Trial

    The Third Circuit scrapped Tuesday an early win handed to a Kutztown University professor who claimed she faced disability discrimination when her requests to teach remotely to manage an autoimmune condition were denied, ruling the lower court was too quick to resolve the case given the disputes at play.

  • August 18, 2026

    MMA Law Tells 5th Circ. It Didn't Waive Hurricane Suit Fees

    MMA Law Firm has urged the Fifth Circuit to vacate a Texas federal district court ruling against it, arguing the district court did not have jurisdiction to hear an appeal of a bankruptcy court's decision to grant summary judgment in favor of a New Orleans law firm that took over hurricane damage cases that MMA had filed.

  • August 18, 2026

    Flawed Demand Letter Sinks Mass. Sewer Damage Suit

    Massachusetts' intermediate-level appellate court on Tuesday affirmed a pretrial win for the city of Chelsea in a suit by a building owner whose property was damaged by sewer water, pointing to an insufficient demand letter sent before the case was filed.

  • August 18, 2026

    Del. DOJ Says Saul Ewing Bill Ruling Put It In 'Untenable' Spot

    Delaware's Department of Justice wants the state's high court to undo a ruling allowing the ACLU to obtain Saul Ewing LLP invoices for work on a federal lawsuit over prison medical care, saying the decision puts "a new burden of proof on agencies" when dealing with public records requests.

Expert Analysis

  • Patent Eligibility Bulletin: New USPTO Guidance And AI Risks

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    In the second quarter of 2026, the U.S. Patent and Trademark Office updated its subject matter eligibility declarations in line with its increasingly permissive patent eligibility stance, while the Federal Circuit rigorously applied the Alice framework in a decision that highlighted risks facing patent claims that utilize artificial intelligence and machine learning, say attorneys at Banner Witcoff.

  • State Of Insurance: Q2 Notes From Illinois

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    The second quarter of 2026 featured a trio of auto insurance opinions from Illinois' appellate courts, addressing a notice requirement, narrowing insurers' exposure for delayed payment of underinsured motorist claims, and creating a district split on coverage for employee-drivers under employers' policies, says Matthew Fortin at BatesCarey.

  • Why Courts Are Pushing Back On Greenwashing Laws

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    Recent Fourth Circuit and California federal court decisions blocking state greenwashing statutes on First Amendment grounds reveal a tension at the heart of environmental marketing regulation — while states want clarity, courts aren't prepared to let legislatures flatly ban categories of truthful commercial speech, say attorneys at DLA Piper.

  • 11th Circ. Opioid Appeal May Shift Public Nuisance Coverage

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    The Eleventh Circuit's recent ruling certifying to the Florida and Georgia Supreme Courts the question of whether insurers must provide coverage against suits claiming policyholders improperly distributed opioids may ultimately result in a counterbalance to the Delaware line of cases denying coverage for government opioid suits, say attorneys at Pillsbury.

  • Series

    Teaching SEC Investigations Makes Me A Better Lawyer

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    Instructing a law school course on U.S. Securities and Exchange Commission investigations has made me a more thoughtful, deliberate practitioner because it requires me to continually reassess and challenge what I know about securities law enforcement, how I know it and how best to explain it, says David Chase at Miami Law.

  • Monsanto Ruling Bolsters Generic Drug Labeling Preemption

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    The U.S. Supreme Court's recent decision in Monsanto Co. v. Durnell concerns herbicide labeling regulated by the Federal Insecticide, Fungicide, and Rodenticide Act, but also carries weighty implications for preemption of state law labeling claims against drug manufacturers, say Terry Henry and Ann Querns at Blank Rome and Melanie Leney at Aurobindo Pharma.

  • Justices' Tax Sale Ruling Tees Up Auction Fairness Battles

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    The U.S. Supreme Court’s recent decision in Pung v. Isabella County, Michigan, that taxpayers are not entitled to fair market value of real property seized to satisfy a tax debt shifts attention to the fairness of state and local auction procedures, and whether taxpayers claiming surplus proceeds face unwarranted hurdles, say attorneys at Miller Canfield.

  • Why The 2nd Circ. Upheld Beneficial Ownership Blockers

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    The Second Circuit recently held that a properly drafted contractual blocker — which caps an investor's beneficial ownership below 10% and automatically voids any transaction that would breach the cap — shields the investor from Section 16(b) liability, demonstrating that blockers have teeth, say attorneys at Sheppard.

  • Patent Eligibility Reforms Keep Chasing The Wrong Fixes

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    Repeated efforts to create a consistent, predictable patent eligibility standard under Section 101 have centered on replacing judge-made exceptions with new statutory language, but the better fix is to align examination standards with how courts actually apply eligibility doctrine, says former Patent Trial and Appeal Board judge Amee Shah.

  • Opinion

    Qualified Immunity Bill's Reach Goes Beyond Federal Officers

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    The federal Qualified Immunity Abolition Act, introduced earlier this year and described by the bill sponsors as a federal-officer measure, would in actuality reach the entire universe of Section 1983 defendants, a distinction that matters as much to defense counsel as to plaintiffs, says attorney V. James DeSimone.

  • Where The Justices Aligned In Appellate Authority Ruling

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    The real story of the U.S. Supreme Court’s recent ruling in T.M. v. University of Maryland Medical System Corp., finding that a doctrine designed to curtail duplicative litigation prevents federal district courts from reviewing state court decisions, is in how the justices together revisited an obscure, century-old jurisdictional doctrine, says Alex Dimitrief at Zeughauser Group.

  • How High Court Pepsi Case Could Brew TM Strategy Shift

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    The U.S. Supreme Court's forthcoming decision in RiseandShine v. PepsiCo will determine whether a judge or jury decides trademark strength in infringement disputes, which could meaningfully change early-stage motion practice, discovery and what evidence is needed to prove a mark is strong, says Rachel Scobie at Merchant & Gould.

  • State Of Insurance: Q2 Notes From Pennsylvania

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    Todd Leon at Marshall Dennehey highlights notable second-quarter insurance developments in Pennsylvania, including federal court opinions providing guidance on first-party and third-party insurance coverage principles, and a pending bill seeking to regulate health insurers' use of artificial intelligence.

  • High Court, SEC Proposals Set Stage For Further Fund Reform

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    The U.S. Supreme Court's recent decision in FS Credit Opportunities v. Saba Capital Master Fund and the U.S. Securities and Exchange Commission's proposed rulemaking packages aimed at public market reforms provide a constructive backdrop for considering additional innovations to the listed fund structure, say attorneys at Debevoise.

  • Series

    Judges On AI: Examining Administrative, Organizational Uses

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    U.S. District Judge Alan Albright of the Western District of Texas examines how artificial intelligence could transform a court's ability to deal with administrative work and organize materials when preparing for hearings or drafting opinions, thereby affording judges more time to resolve contested issues.

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