Appellate

  • October 20, 2026

    Justices Want Pensioners' Input On Southern Co. Petition

    The U.S. Supreme Court asked Southern Co. pension plan participants to weigh in on their employer's petition for review of an Eleventh Circuit decision that revived their proposed class action alleging outdated life expectancy data caused them to lose out on benefits, indicating the justices' possible interest in the case.

  • October 20, 2026

    Justices Urged to Reject Patent Inventorship Appeal

    Fencing company Digger Specialties says the U.S. Supreme Court shouldn't take up a challenge to a Federal Circuit finding that invalidated a patent it was accused of infringing, hitting back at a rival's argument that the circuit court ruling produced an "absurd result."

  • October 20, 2026

    Google Makes Last DC Circ. Push Against DOJ's Search Win

    Google took one final swing Monday at upending a D.C. federal judge's rulings faulting it for monopolizing online search and forcing it to prop up search engine rivals with data and syndicated results, telling the D.C. Circuit that the U.S. Department of Justice's case targets earned market dominance.

  • October 20, 2026

    Plastics Co. Asks 5th Circ. Not To Nix Captive Insurance Case

    The founder of a plastic manufacturing company asked the Fifth Circuit not to dismiss his bid to restore a tax deduction the IRS denied on premiums the company paid for its captive insurance arrangement, saying the court has jurisdiction over the case despite the government's claim to the contrary.

  • October 20, 2026

    8th Circ. Panel Doubts Investors' Medtronic Insulin Pump Suit

    The Eighth Circuit appeared skeptical Tuesday of investors' bid to revive allegations that medical device company Medtronic failed to properly communicate problems with an insulin pump device it manufactured and was ultimately recalled, with judges questioning arguments that certain interactions between the company and regulators weren't properly disclosed.

  • October 20, 2026

    New Rule On Invoking Defendant's Past Convictions Hits Snag

    A yearslong effort to make it harder for prosecutors to invoke a criminal defendant's past convictions appeared to be gaining traction — until the senior executive arm of the Judicial Conference recently intervened and the U.S. Department of Justice abruptly withdrew its support for the proposal.

  • October 20, 2026

    LA Tells 9th Circ. DOJ Pot Shift Can't Revive License Appeal

    The city of Los Angeles is urging the Ninth Circuit to throw out a challenge to its social equity cannabis licensure program, saying the Constitution's dormant commerce clause doesn't apply to marijuana regardless of recent changes to federal cannabis policy.

  • October 20, 2026

    Split DC Circ. Revives Faith Groups' Challenge To ICE Raids

    A split D.C. Circuit panel ruled Tuesday that a collection of faith groups likely have standing to challenge the Trump administration's rescission of a decades-old policy shielding houses of worship from immigration raids, holding that the congregations face a "credible threat" of enforcement, enough to be heard in court.

  • October 20, 2026

    NJ Panel Revives Hill Wallack Malpractice Suit

    A New Jersey state appeals court panel ruled Tuesday that a trial court must rethink its dismissal of a suit accusing Hill Wallack LLP of mishandling the defense of a family facing labor trafficking allegations, saying a more detailed record is needed to establish whether discovery responses were deficient.

  • October 20, 2026

    Mass. High Court Backs Ban On Under-21s Carrying Guns

    Massachusetts' highest court on Tuesday upheld a law prohibiting anyone under 21 from possessing guns, finding the restrictions are consistent with historical regulations on youth and firearms.

  • October 20, 2026

    Starbucks Seeks Full 5th Circ. Review Of NLRB Union Ruling

    Starbucks has urged the full Fifth Circuit to rehear a recent panel decision finding that the coffee chain engaged in multiple federal labor law violations to suppress a union campaign in Upstate New York, claiming the decision conflicts with U.S. Supreme Court and circuit court precedent.

  • October 20, 2026

    Ohio Justices Say Moratorium Ends Data Center Site Plan

    The Ohio Supreme Court on Tuesday unanimously rejected a data center developer's call to force Lordstown, Ohio, to consider a plan for a project submitted days before the village council enacted a ban on the construction of any new data centers.

  • October 19, 2026

    Justices Asked To Resolve Nonsignatory Arbitration Split

    A trading firm is urging the U.S. Supreme Court to finally resolve whether an arbitrator or a court should decide the proper venue for a dispute involving a nonsignatory to an arbitration agreement, as it fights a Seventh Circuit opinion keeping a putative securities class action in court.

  • October 19, 2026

    Rogoff Tells 9th Circ. Firing Furthers 'Evil' Framers Opposed

    Roger Rogoff urged the Ninth Circuit to affirm a lower judge's order reinstating him as Seattle's top federal prosecutor, asserting in a filing Friday that he's entitled to keep the court-appointed U.S. attorney position until President Donald Trump fills the role with a Senate-confirmed nominee.

  • October 19, 2026

    9th Circ. Open To Reviving P&G Shampoo 'Natural' Ad Fight

    A Ninth Circuit panel appeared open Monday to reviving a putative class action alleging The Procter & Gamble Co.'s Herbal Essences and Pantene shampoo labels dupe consumers by claiming 90% or 97% of ingredients are of "Natural Origin" or "Naturally-Derived," with two judges suggesting the case was prematurely tossed.

  • October 19, 2026

    9th Circ. Doubts Kids Agreed To Arb. Roblox Gambling Claims

    A Ninth Circuit panel doubted Monday a website owner's arguments he is entitled to a trial over whether a putative class of minors agreed to arbitrate their claims Roblox and others operated an illegal gambling business, with one judge asking if the appellant wants 9-year-olds to attest to whether they entered a contract.

  • October 19, 2026

    Nike Seeks Quick Appeal In Misleading Email Promo Suit

    Nike has asked a Washington state judge for permission to immediately appeal her decision refusing to end a proposed class action alleging it spammed customers' inboxes with emails containing misleading discount subject lines, a move that Nike says could affect over 200 similar pending cases with no-injury claims. 

  • October 19, 2026

    Justices Urged To Hear Case Targeting FINRA Enforcement

    The U.S. Supreme Court has been asked to hear a case challenging the ability of the Financial Industry Regulatory Authority to impose fines through an in-house disciplinary procedure with a broker who was penalized by the regulator, telling the justices that it was "futile" to first bring his constitutional arguments before the U.S. Securities and Exchange Commission.

  • October 19, 2026

    Texas Justices Won't Review Union Pacific Death Suit

    The Texas Supreme Court refused to undo a win for Union Pacific, which was accused of causing the death of a father of three by failing to correct an "extra-hazardous" railroad crossing with a history of near misses and collisions.

  • October 19, 2026

    Colo. Justices Agree To Hear Short-Term Rental Fee Challenge

    The Colorado Supreme Court agreed on Monday to hear, as a matter of first impression, a rental owner's challenge to the town of Breckenridge's imposition of a regulatory fee on obtaining or renewing licenses for short-term rentals.

  • October 19, 2026

    Jackson Lewis Hires Calif. DOJ Atty With Employment Chops

    An attorney who has decades of experience representing employees in wage-and-hour class actions and Fair Labor Standards Act collective actions against major companies and most recently served as supervising deputy attorney general for the California Department of Justice has joined Jackson Lewis PC.

  • October 19, 2026

    Port Of Seattle Challenges Trump Grant Terms Targeting DEI

    The Port of Seattle and several Washington cities and counties asked a federal judge to block the Trump administration from enforcing new grant conditions that would threaten $87 million in funding, arguing the restrictions lack clear standards of conduct.

  • October 19, 2026

    6th Circ. Says Mich. Prison Officials Must Face Mold Suit

    The Sixth Circuit has ruled that several Michigan prison officials are not entitled to immunity from a lawsuit alleging that they were aware of mold contamination in a women's prison that led to several incarcerated people having seizures and developing respiratory issues.

  • October 19, 2026

    Calif. Appeals Court Revives Claims In Northrop Wage Row

    A California appeals court has partially reopened a former employee's suit alleging that Northrop Grumman illegally issued multiple wage statements per pay period to some of its workers, ruling that a trial court must decide if the company's actions were in good faith before it can award damages.

  • October 19, 2026

    Split 1st Circ. Nixes Plea Over Flawed Immigration Advice

    A divided First Circuit panel upheld a decision to vacate a Venezuelan woman's drug conspiracy conviction because a lawyer incorrectly assured her that she could remain in the U.S. and "work out" her immigration status after she pled guilty.

Expert Analysis

  • 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.

  • Why 4th Circ.'s Clean Water Act Injunction Ruling Matters

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    The Fourth Circuit's ruling last month in West Virginia Rivers Coalition v. Chemours, holding that a Clean Water Act permit violation does not automatically create a presumption of irreparable harm that requires a preliminary injunction, avoided a dramatic change in CWA enforcement, say attorneys at Hunton.

  • USPTO-Fed. Circ. Split Complicates Machine Learning Patents

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    The wide chasm between the USPTO's and the Federal Circuit's approach to eligibility for machine learning patents means that patent drafters must avoid functional claiming and specifications if they hope to avoid invalidation of a machine learning patent at the appellate court, says attorney Michael Kiklis.

  • How 9th Circ. 'Shadow Trading' Case May Affect Private Credit

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    Private credit firms should not wait for a result in the Ninth Circuit appeal in U.S. Securities and Exchange Commission v. Panuwat to address material nonpublic information exposure under existing statutes and take steps to ensure their internal policies and surveillance are ready for increased regulatory scrutiny, says Steve Brown at StarCompliance.

  • 4 Cert. Denials Keep Personal Jurisdiction Issues Percolating

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    After the U.S. Supreme Court's decisions in Ford Motor v. Montana and Mallory v. Norfolk Southern Railway expanded limits on personal jurisdiction, the justices' denials this term of four certiorari petitions suggest they are content to let jurisdiction questions brew in lower courts before weighing in, say attorneys at Hunton.

  • Class Actions At The Circuit Courts: July Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings involving wage and hour allegations, medical care for incarcerated individuals, oil and gas royalty payments, and nuisance claims.

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