Appellate

  • October 29, 2026

    Pa. Supreme Court OKs Cancer Misdiagnosis Retrial

    The Pennsylvania Supreme Court on Thursday greenlighted a new trial in a suit accusing a doctor of rendering the wrong type of cancer treatment to a patient, which caused her to die more quickly, solidifying the state's risk of harm standard in medical malpractice cases.

  • October 29, 2026

    Fla. Court Dismisses Ex-School GC Grand Jury Secrecy Case

    A Florida state court Thursday tossed an indictment alleging a former school general counsel unlawfully violated the secrecy of a grand jury convened after the 2018 Parkland school shooting after the state's highest court declined to hear prosecutors' appeal to reinstate criminal charges earlier this week. 

  • October 29, 2026

    US Tells Justices FedEx Can't Appeal Interested Party Order

    The U.S. government has urged the U.S. Supreme Court to ignore a petition from FedEx Corp. seeking review of whether Qualcomm Inc. complied with real-party-in-interest requirements when it challenged FedEx patents, saying the Federal Circuit got it right by declining to hear the case.

  • October 29, 2026

    Wash. Panel Says Man Didn't Possess Cached Abuse Image

    A Washington appeals court has reversed a man's conviction on one of four counts related to images of child sexual abuse, ruling he was incorrectly found to be in knowing possession of an image that was automatically saved to his computer's hard drive without his knowledge.

  • October 29, 2026

    Tort Reform Helps Walmart Upend Loss In Fall Case

    A Georgia appeals court on Thursday backed Walmart's bid for a new trial in a slip-and-fall case in which a woman won a $975,000 verdict, saying her attorneys' references to monetary values for pain and suffering during closing arguments didn't fly under a 2025 amendment to state law.

  • October 29, 2026

    Courts Can't Nix Calif. Waiver Moves, EPA Tells DC Circ.

    The Trump administration has urged the D.C. Circuit to restore the U.S. Environmental Protection Agency's move to make Clean Air Act waivers for California subject to potential rescission by lawmakers, saying a lower court wrongly intruded on Congressional authority in blocking the effort.

  • October 29, 2026

    Judge Stark Advises Attys To Confront Flaws In Their Cases

    Federal Circuit Judge Leonard Stark suggested at a conference Thursday that attorneys can improve their odds of success on appeal by addressing the weaknesses in their cases and explaining why they should still prevail, since that is how judges think when making decisions.

  • October 29, 2026

    Pa. Justices Undo Contempt Over Vulgar Insult To Judge

    The Pennsylvania Supreme Court ruled Thursday that a courtroom observer who called a Philadelphia judge a vulgar name as he left his friend's evidence-suppression hearing should not have been held in contempt and sentenced to 30 days in jail, since his insult had not significantly disrupted the proceedings.

  • October 29, 2026

    5th Circ. Sinks Motorola's Discovery Bid For IP Feuds Abroad

    The Fifth Circuit on Thursday reversed a lower court's approval of Motorola's discovery request for use in foreign proceedings in litigation brought by Advanced Standard Communication LLC over allegations of patent infringement, saying the district court "erred legally and analytically."

  • October 29, 2026

    9th Circ. Won't Unblock Calif. Captive Meeting Law

    The Ninth Circuit on Thursday upheld a lower court order blocking California from implementing its law banning so-called captive audience meetings, saying the employer groups that challenged the law showed the law likely infringed on their First Amendment rights.

  • October 29, 2026

    Squires Grants 4 Patent Review Bids In Latest Bulk Order

    U.S. Patent and Trademark Office Director John Squires has greenlighted four new petitions seeking review of patents in his latest round of decisions, while turning down one on discretionary grounds.

  • October 29, 2026

    6th Circ. Upholds Prefiling Curbs On Vexatious Litigant

    An Ohio federal court was justified in designating a local probate attorney as a vexatious litigant and dismissing her suit with prejudice, a Sixth Circuit panel ruled Tuesday, upholding the district court's decision to saddle the attorney with prefiling restrictions.

  • October 29, 2026

    9th Circ. Drops Speech Holding In Seattle Gig Worker Ruling

    The Ninth Circuit on Thursday withdrew its earlier finding that Seattle's protections for app-based delivery workers don't regulate speech, replacing it with a narrower ruling that assumes the law involves speech but still passes First Amendment scrutiny.

  • October 29, 2026

    Pa. Can Enforce E-Cigarette Law Amid Vape Cos. Appeal

    There will be no pause on a Pennsylvania law that makes it illegal to sell most vape products, a federal judge said, rejecting a vape industry bid seeking a brief reprieve while an appeal seeking to upend the statute heads to the Third Circuit.

  • October 29, 2026

    NJ Panel Says State Shields Military Leave Past Federal Cap

    A New Jersey state appeals court on Thursday upheld a decision giving an Atlantic City police officer his job back after the city fired him for staying on military leave for more than five years, saying a federal five-year limit is a minimum, not a maximum.

  • October 29, 2026

    Schools Can Appeal Forum Ruling In 'Early Decision' Case

    A group of 21 elite universities, including Columbia, Duke and Penn, won permission to appeal a ruling that a Massachusetts federal court has personal jurisdiction over them in a lawsuit claiming they conspired to use the "early decision" admissions process to raise tuition.

  • October 29, 2026

    Fed. Circ. Upholds Decision Wiping Out Cybersecurity Patent

    The Federal Circuit on Thursday affirmed a Patent Trial and Appeal Board decision holding that a patent covering methods of monitoring a system for cyberattack detection was invalid as obvious.

  • October 29, 2026

    9th Circ. Probes Warehouse Workers' Arbitration Exemption

    A Ninth Circuit panel on Thursday appeared somewhat skeptical of an argument that a transportation worker exemption to federal arbitration requirements doesn't apply to a proposed class of warehouse workers, after the appellate court found warehouse workers fit the carveout in a separate case.

  • October 29, 2026

    Tax Consultancy Asks 5th Circ. To Kill Microcaptive Rule

    The IRS never published data showing that microcaptive transactions pose a potential for tax avoidance to justify a rule making companies and advisers report them as "transactions of interest," a tax consultancy seeking the rule's demise told the Fifth Circuit.

  • October 29, 2026

    Telecom Shareholders Claim Arbitrator Was Biased

    Majority shareholders of a Central and South American telecommunications tower business fighting a $300 million arbitration award they were ordered to pay to the minority shareholders of that business have told the Second Circuit that the arbitrator was biased against them.

  • October 29, 2026

    NJ Justices Uphold Atty's Privacy Expectation In Email Advice

    The New Jersey Supreme Court ruled Thursday in a split decision that the name of the attorney who emailed legal advice to a municipal prosecutor in a traffic dispute should not be disclosed under the state's public records law, finding the sender's reasonable expectation of privacy outweighs any interest in disclosure.

  • October 29, 2026

    Penn National Tells 4th Circ. Insurer Dodged Injury Defense

    A Fourth Circuit appellate panel on Thursday questioned what insurance company Penn National could possibly recover from another insurer that the former says shirked its defense responsibilities in a personal injury suit from VRBO renters, noting the other insurer had paid its policy limit in settling the underlying case.

  • October 29, 2026

    Fla. High Court Finds No Atty Misconduct Over PACER Snafu

    The Florida Supreme Court on Thursday entered a judgment in favor of an attorney accused of knowingly making false statements when explaining why he missed a client's hearing, finding that he may have been "sincerely confused" over why he wasn't notified through the federal PACER filing system.

  • October 29, 2026

    1st Circ. Seeks Mass. Justices' Input On USAA Rate Row

    The First Circuit asked Massachusetts' highest court to weigh in on a suit by service members alleging USAA improperly considered their military pay grade when issuing auto insurance policies, finding the dispute implicates questions of state law.

  • October 29, 2026

    Gov't Urges 11th Circ. To Lift Sanctions Over Trump-IRS Deal

    A federal judge's order barring President Donald Trump, the IRS and the U.S. Treasury Department from citing the agreement made to settle his $10 billion suit against the tax agency is unsupportable and should be reversed, the government told the Eleventh Circuit.

Expert Analysis

  • 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.

  • A Deepening Patent-Trademark Divide Over Irreparable Harm

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    Recent Federal Circuit decisions, along with legislation being considered in Congress, may exacerbate the differences that patent owners and trademark owners face when seeking to stop infringement before irreparable harm is caused, say attorneys at BakerHostetler.

  • 7th Circ. Ruling May Reduce Litigation Risk For Text Marketers

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    The recent Seventh Circuit holding in Steidinger v. Blackstone Medical Services that unwanted marketing text messages are not telephone calls under the Telephone Consumer Protection Act may strengthen companies' responses to presuit demand letters and early-stage litigation claims premised on do-not-call text theories, say attorneys at Holland & Knight.

  • How Calif. Ruling Defines Drug Cos.' R&D Responsibilities

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    The California Supreme Court's recent ruling in the Gilead Tenofovir Cases, which held that drugmakers have no duty to bring allegedly safer alternatives to market more quickly, is a win for pharmaceutical companies — but not a grant of blanket immunity for all early-stage drug development decisions, say attorneys at King & Spalding.

  • Whiskey Business: Parsing The 9th Circ. Jack Daniel's IP Toss

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    The Ninth Circuit's recent ruling in VIP Products v. Jack Daniel's, holding a toy did not tarnish the whiskey maker's trademarks, gives fact-finders great latitude by showing that there may exist no categories of per se tarnishing content, says attorney Sara Gold.

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