Appellate

  • August 19, 2026

    3rd Circ. Urged To Revisit Arbitration Doctrine In Award Fight

    An asset management firm required to pay about $11 million in administrative fees and interest has asked the Third Circuit to reconsider its opinion upholding a doctrine under which arbitrators are barred from revisiting their prior decisions, saying it conflicts with binding Third Circuit precedent.

  • August 19, 2026

    Generac Investors Ask 7th Circ. To Revive COVID Sales Suit

    A pension fund has urged the Seventh Circuit to revive a securities class action accusing home generator company Generac Holdings Inc. and its top brass of failing to keep up with a surge in business during the COVID-19 pandemic, arguing the lower court erroneously found that the statements challenged by the suit were immaterial.

  • August 19, 2026

    7th Circ. Backs Developer's Conviction In Bank Fraud Case

    The Seventh Circuit affirmed Tuesday a real estate developer's conviction for his role in a multimillion-dollar embezzlement scheme at a now-shuttered Chicago bank, saying while the line "separating an improper lending relationship from criminality was not obvious in this case," the government presented enough evidence for jurors to conclude he knowingly participated in the fraud.

  • August 19, 2026

    Double Patenting Ripe For Fresh Fed. Circ. Look Amid Debate

    The already complex doctrine of obviousness-type double patenting may now be more tangled following a decision and a brief from the patent office seemingly taking different views on a key issue, but that could set the stage for the Federal Circuit to provide clarity, attorneys say.

  • August 19, 2026

    Air Force Urges Justices Not To 'Engraft' NEPA Onto RCRA

    The Air Force on Wednesday urged the U.S. Supreme Court to reject a Guam nonprofit's assertion that the military branch should have completed an environmental review before it applied to renew a hazardous waste permit allowing it to detonate expired munitions on the island.

  • August 19, 2026

    Fed. Circ. Backs PTAB's Ax Of 10x Genomics Patent Claims

    The Federal Circuit declined Wednesday to save claims in a trio of 10x Genomics patents covering nucleic acid analysis methods, affirming decisions from the Patent Trial and Appeal Board that sided with Parse Biosciences Inc.'s obviousness challenges to the claims.

  • August 19, 2026

    11th Circ. Won't Revive Ex-Deputy's Suit Over Affair Fallout

    A former Georgia deputy and his wife cannot revive their lawsuit accusing county officials of violating their constitutional rights after it was revealed that the deputy was having an extramarital affair with an official's wife while on duty, the Eleventh Circuit said Wednesday.

  • August 19, 2026

    Pro-Business Foundation Backs J&J's Stelara Antitrust Win

    Insurer CareFirst's bid to revive an antitrust lawsuit against Johnson & Johnson over its acquisition of patents affecting competitors would throw cold water over drug company mergers, burden government regulators and strip the issue of intent out of antitrust enforcement, according to an amicus brief filed by the Washington Legal Foundation.

  • August 19, 2026

    8th Circ. Backs $1B Broker Commissions Settlement

    The Eighth Circuit decided Wednesday to affirm a more than $1 billion class action settlement that's supposed to resolve antitrust claims against the National Association of Realtors and multiple real estate brokerages, which were accused of running an anticompetitive scheme that involved the brokerages following NAR rules that artificially inflated buyer-broker commissions.

  • August 19, 2026

    NJ Justices Bar Abuse Claims Against Nat'l Boys & Girls Club

    The New Jersey Supreme Court held Wednesday that the national Boys & Girls Clubs of America can't face litigation in the state over decades‑old abuse allegations at a Jersey City affiliate, finding the claims do not stem from the national organization's ties to the state.

  • August 19, 2026

    Ohio Court Won't Unseal Files Sought In Wrongful Death Suit

    The Ohio Supreme Court on Wednesday ruled that sealed criminal court records should not be unsealed so that they can be used in a civil wrongful death lawsuit, saying there is no evidence the records were improperly restricted.

  • August 19, 2026

    6th Circ. Backs Blue Cross Over Reimbursement Rate Dispute

    The Sixth Circuit on Wednesday upheld Blue Cross Blue Shield of Michigan's defeat of a lawsuit alleging it shortchanged several medical providers despite promising higher reimbursement rates before a La-Z-Boy employee received care, ruling the providers' claims were superseded by federal benefits law.

  • August 19, 2026

    Immigration Board Says Migrants Get 1 Shot To Reopen Case

    The Immigration and Nationality Act generally limits noncitizens in immigration proceedings to only one motion to reopen a case, the Board of Immigration Appeals ruled, adding that statutory restriction cannot be equitably tolled, either.

  • August 19, 2026

    Pa. Judge Rejects $360M Offset In Generics Antitrust Case

    The Pennsylvania federal judge overseeing antitrust multidistrict litigation against generic-drug makers over alleged price-fixing has rejected a request by the pharmaceutical company defendants to set off any potential award to insurance company plaintiff Humana Inc. by $360 million given its success in separate litigation.

  • August 19, 2026

    Fla. Court Cuts Teen's Convictions In Police Shooting Case

    A Florida appellate panel on Wednesday reversed two attempted first-degree murder convictions for a juvenile who shot at an unmarked vehicle containing four police detectives, saying the evidence only supported attempted second-degree murder.

  • August 19, 2026

    2nd Circ. Affirms Life Sentences For Repeat Sex Offender

    The Second Circuit has refused to overturn life sentences for a convicted child sex abuser, finding that even though portions of a New York state law used to convict him of child sex abuse are broader than their federal counterpart, his sentence was appropriate.

  • August 19, 2026

    Conn. Justices Back Cannabis Processing At Ex-Tobacco Site

    The Connecticut Supreme Court on Wednesday ruled that a cannabis company could use a former tobacco facility to process cannabis oil, rejecting the local zoning appeals board's argument that the repurposed facility wouldn't fall within the legal nonconforming use for the property.

  • August 19, 2026

    9th Circ. Says Initial Arbitration No Obstacle To EFAA

    A split Ninth Circuit panel ruled Wednesday that a fired biopharmaceutical executive could quit arbitration and file a suit claiming her boss subjected her to gender-based harassment, finding the pivot was fair game under a law that shields sex misconduct disputes from out-of-court resolutions.

  • August 19, 2026

    Fed. Circ. Rejects Patent Marking Immunity For NPEs

    Nonpracticing entities hoping for presuit damages can't get out of Patent Act requirements to mark products with patent information just because licensees don't believe their products infringe, the Federal Circuit held Wednesday.

  • August 19, 2026

    3rd Circ. Won't Revive Philly Atty's Conspiracy Suit

    A suspended Pennsylvania attorney's attempt to expose an alleged conspiracy against him by Philadelphia public officials and private corporations has been stymied, with the Third Circuit upholding the dismissal of his complaint against dozens of defendants.

  • August 19, 2026

    Ohio Urges 6th Circ. To Allow Hemp Reclassification

    The state of Ohio urged the Sixth Circuit on Wednesday to reverse a lower court's decision halting enforcement of a new state law that reclassified hemp products as marijuana, accusing the hemp companies who sought the injunction of pushing an "aggressive theory" of the case.

  • August 19, 2026

    DC Circ. Won't Block Loan For Mozambique LNG Project

    A D.C. Circuit panel denied an environmental group's push to block $4.7 billion in financing the U.S. Export-Import Bank approved for a TotalEnergies EP liquefied natural gas project in Mozambique, finding the group unlikely to prevail in its challenge.

  • August 19, 2026

    5th Circ. Backs Delay Of FDA's 11-Warning Cigarette Rule

    The Fifth Circuit on Tuesday upheld the delay of a U.S. Food and Drug Administration rule requiring the addition of graphic warning labels to cigarette packages, saying tobacco companies that challenged the rule showed the agency likely overstepped its narrow authority to adjust existing warnings by creating two new ones.

  • August 19, 2026

    SCOTUSblog Founder Goldstein Seeks Release During Appeal

    SCOTUSblog founder Thomas Goldstein on Tuesday asked to be released from federal custody while he appeals his 12 tax and mortgage fraud convictions and a six-year prison sentence, saying he is not a flight risk and it would be a "grave injustice" for him to begin a sentence he believes will eventually get axed.

  • August 19, 2026

    Pa. Court Lets Off-Grid Solar Projects Get Energy Credits

    Solar energy projects in Pennsylvania do not have to connect to the electrical grid to qualify for "solar renewable energy credits," allowing gas pipeline operator Williams Companies Inc. to get and sell credits for solar arrays that only power two remote compressor stations, a state appellate court ruled Wednesday.

Expert Analysis

  • Opinion

    Md., Colo. Climate Rulings Point To Need For Federal Solution

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    As the U.S. Supreme Court prepares to review the Colorado Supreme Court's 2025 ruling in Boulder County v. Suncor U.S. Inc., which green-lit a state-level climate lawsuit, a recent conflicting ruling from the Maryland Supreme Court underscores why a uniform federal answer on climate litigation is needed now, says Phil Goldberg at Shook Hardy.

  • High Court's FCC Ruling Adds To Comms Industry Paradox

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    The Supreme Court's recent decision in Federal Communications Commission v. AT&T, finding that the FCC's informal forfeiture process survives Seventh Amendment scrutiny, opens some doors for regulated entities, but the practical effect may be surprisingly constrained, says Jonathan Marashlian at The CommLaw Group.

  • Series

    Founding An Autism Academy Made Me A Better Lawyer

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    Starting a nonprofit autism school with no building, no funding model and no guarantee that families would trust us taught me the importance of mission, patience and purpose — lessons that sharpened my practice and showed how meaningful work outside the office can make lawyers better, says Phillip Russell at Ogletree Deakins.

  • Why Private Sector Should Watch Gov't DEI Firing Class Bid

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    Former federal employees' class certification attempt in Fell v. Trump is worth following, as their challenge of the Office of Personnel Management's elimination of DEI positions raises questions about commonality in employee classes and protections for nonminority advocacy that reach beyond the public sector, says Shaun Southworth at Southworth PC.

  • When Do Murals Qualify For IP Protection?

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    Artist Robert Wyland recently sued FIFA for painting over his 1999 "Ocean Life" mural to make room for a World Cup promotion in Dallas, spotlighting questions over the extent to which copyright law and the Visual Artists Rights Act protect different types of art, say attorneys at Armstrong Teasdale.

  • How Justices' Habeas Ruling Limits Compassionate Release

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    The U.S. Supreme Court's recent holding in Fernandez v. U.S. that a federal prisoner who challenges their conviction's validity must do so through habeas, not compassionate release, considerably narrows the universe of arguments that can support a sentence reduction, says attorney Elizabeth Franklin-Best.

  • The Banking Issue Hiding In Justices' Freight Broker Ruling

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    While the U.S. Supreme Court’s recent liability preemption ruling in Montgomery v. Caribe Transport was front-page news for the transportation industry, the banking industry seems to have missed that the decision exposes freight broker lenders to credit, documentation and litigation issues, say attorneys at Barack Ferrazzano.

  • Insurance Ruling Extends NY Bad Faith To 3rd-Party Coverage

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    In Renergy v. Mt. Hawley Insurance, a New York federal court recently granted a policyholder leave to amend its complaint to clarify a bad faith claims handling cause of action, confirming, after nearly 20 years, that bad faith damages are available in the third-party liability context, say attorneys at Barnes & Thornburg.

  • Opinion

    Rule Of Law Requires Gov't Engagement With Bar, Not Retreat

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    A federal agency's absence from national and local bar conferences, most recently illustrated by the U.S. Department of Justice's withdrawal from a New York City Bar Association white collar conference, disserves the bar, the government lawyers themselves and, ultimately, the administration of justice, says Muhammad Faridi at Linklaters.

  • Fed. Circ. Clarifies Standard For Contesting CICA Overrides

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    The Federal Circuit's recent holding in Life Science Logistics strengthens the hand of protesters facing an override of the Competition in Contracting Act stay, and a Court of Federal Claims decision the same day demonstrates that how a protester frames its requested relief remains critically important, says Richard Arnholt at Bass Berry.

  • The Paradoxical Duty To Adopt AI When You Can't Bill For It

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    Both billing for hours saved using artificial intelligence and preserving billable time by not adopting AI may violate rules of professional conduct, but until bar associations' ethics rules catch up to this emerging economic dilemma, firms must decide how to adjust fee structures themselves, says Ines Lassalle at Peyrot & Associates.

  • 4 Emerging Limits Of Employer Mental Health Notice Defense

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    A California appeals court's recent decision in Husband v. Target, addressing when an employer knows about an employee's undisclosed disability, leaves open questions about how changes in mental health awareness and workforce monitoring tools may raise the bar for what employers can claim not to know, says Benjamin Heller at RFZ Law.

  • Raptors Ruling Shows Risks Of Calif. Enviro Suit Intervention

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    Intervention in California environmental litigation can allow businesses to help defend agency approvals, but after a state appeals court's recent ruling in Raptors Are the Solution v. CropLife America, it is clear that intervention also carries a price — and that courts will hold parties accountable for the full arc of their litigation conduct, says Thierry Montoya at FBT Gibbons.

  • A Decade Later, Escobar Is Still Shaping FCA Cases

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    The U.S. Supreme Court's decision 10 years ago in Universal Health Services v. U.S. ex rel. Escobar changed the way in which lower courts evaluate False Claims Act cases — and the ruling remains vital in nearly every FCA case filed today, say attorneys at Bradley Arant.

  • Sripetch May Prove To Be An Empty Victory For The SEC

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    The U.S. Supreme Court's recent decision in Sripetch v. U.S. Securities and Exchange Commission held that the SEC need not prove pecuniary harm for disgorgement, but if the commission must still identify victims and distribute funds in a compensatory way, it faces the same economic problem as before the ruling, says Erin Smith at Compass Lexecon.

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