Appellate

  • August 10, 2026

    Mexico Urges Justices To Take Up $47M Award Suit

    Mexico has asked the U.S. Supreme Court to take another look at the D.C. Circuit's opinion refusing to vacate a $47 million arbitral award issued to a Canadian lender, saying the justices need to establish a uniform standard to determine when a tribunal exceeded its powers.

  • August 10, 2026

    Okla. Co. Says Rig Seizure Claims Don't Need Redo

    An Oklahoma-based oil drilling company urged the U.S. Supreme Court not to disturb a D.C. Circuit ruling ordering Venezuela's state-owned oil company to face long-pending expropriation allegations, saying an underlying circuit split is too narrow to warrant the high court's attention.

  • August 10, 2026

    IBM Defeats Software Co. In Copyright Fight At 2nd Circ.

    A software company failed to persuade the Second Circuit to undo a federal judge's decision allowing IBM to dodge a copyright suit, with the appellate court on Monday agreeing the case was time-barred.

  • August 10, 2026

    Fed. Circ. Backs Axing Of Digital Chart Patents Under Alice

    The Federal Circuit on Monday said a California federal court was right to find that patents covering digital interactive charts are invalid under the U.S. Supreme Court's Alice decision, saying the patents "provide no meaningful limitation to the abstract idea" of creating charts.

  • August 10, 2026

    Ex-Altria Worker Gets Partial 4th Circ. Win In 401(k) Fight

    The Fourth Circuit revived part of an ex-Altria worker's suit claiming the company didn't move quick enough to liquidate his 401(k) assets so he could invest the cash in anticipation of a stock market bump, finding Monday he was improperly denied a contract document for the plan's record keeper.

  • August 10, 2026

    School Board Wins Appeal Over Football Game Fatal Shooting

    A New Jersey appellate court on Monday held that the Pleasantville Board of Education can't be held civilly liable for the death of a 10-year-old boy who was shot at a high school football game, ruling that the boy's estate was unable to demonstrate that the school board acted with deliberate indifference to any foreseeable danger.

  • August 10, 2026

    Meta Loses Appeal Days Before Social Media Trial Begins

    The Ninth Circuit said Monday it lacks jurisdictional authority over Meta's appeal in a social-media-addiction multidistrict litigation at this stage, saying Section 230 of the Communications Decency Act can provide a defense to liability but not immunity from a lawsuit.

  • August 10, 2026

    Fed. Circ. Won't Hit Refresh On Patent Claims Against Netflix

    The Federal Circuit on Monday refused to restore a content streaming patent Netflix was accused of infringing, agreeing with the Patent Trial and Appeal Board that an earlier patent rendered the claims of the patent invalid.

  • August 10, 2026

    11th Circ. Backs Unions In Members' Race Bias Suit

    The Eleventh Circuit upheld a win Monday for a pipe fitters union in a lawsuit alleging it routinely passing over Black journeyman pipe fitters for work assignments in favor of white workers, finding the claims failed to show that the unions had established discriminatory referral practices.

  • August 10, 2026

    11th Circ. Affirms Ga. University System's Win In Bias Suit

    The Eleventh Circuit on Monday upheld a win for the University System of Georgia in a disability discrimination case brought by a former respiratory therapy student who alleged he was improperly found to be endangering patients' safety and given a failing grade as punishment.

  • August 10, 2026

    Mich. Transit Authority Can Call County Atty In Board Dispute

    The Bay Area Transportation Authority may call a Grand Traverse County attorney as a witness in a dispute over appointments to its board, a Michigan appellate panel ruled, finding the attorney's late addition to the witness list would not prejudice the county.

  • August 10, 2026

    Fed. Circ. Reverses PTAB On Prior Art Issue Over Dental IP

    The Federal Circuit on Monday reversed a Patent Trial and Appeal Board decision that invalidated a group of claims in a Dental Monitoring SAS dental imaging patent, finding that a previous provisional patent application was missing a written description and thus can't be used as prior art.

  • August 10, 2026

    8th Circ. Nixes Native American Worker's Race Bias Suit

    The Eighth Circuit on Monday upheld a clinical research institute's defeat of a lawsuit from a former manager who said she was laid off because she's Native American, siding with the institute's assertion that she was let go for budgetary reasons because her position was funded with internal money.

  • August 10, 2026

    Fed. Circ. Reverses Ax Of Commerce Duty Review Deadline

    The U.S. Department of Commerce's 15-day preliminary deadline for indicating interest in a sunset review of duty orders is within the department's statutory authority, a Federal Circuit panel ruled, reversing a U.S. Court of International Trade ruling spiking the deadline.

  • August 10, 2026

    Mich. Panel Revives Sewage Damage Suits Over Service Fight

    Minor procedural variations in service do not warrant dismissal of a case as long as defendants are adequately informed of the pending litigation, a Michigan Court of Appeals panel said in a published opinion Thursday.

  • August 10, 2026

    Conn. Justices Order New Murder Trial Over Cell Data Flub

    The Connecticut Supreme Court on Monday said a lower court was correct to vacate a felony murder conviction based on a defense lawyer's failure to question a police expert about an animation that purported to pinpoint a defendant's cellphone movements based on tower location data.

  • August 10, 2026

    Mass. Court Says Insurer Must Defend Doctor In Stalking Case

    Massachusetts' highest court has ruled that an insurance company must defend a doctor in disciplinary proceedings for allegedly stalking and harassing a patient to whom he prescribed an addictive medication for several years.

  • August 10, 2026

    NJ Justices Rule No Purpose Needed In Takings Ordinances

    The New Jersey Supreme Court on Monday held that municipalities do not need to state the public purpose for which private property is being taken within the measure authorizing condemnation, backing a lower court's finding that a borough properly used eminent domain to take over a 50-room motel where it plans to provide parking and electric vehicle charging.

  • August 10, 2026

    3rd Circ. Shuts Down Driver's CBS, Teamsters Retaliation Suit

    The Third Circuit declined Monday to reinstate a driver's suit claiming he was blocked from working on CBS film sets out of age bias and for complaining that Teamsters leaders were handing jobs to their friends, ruling that his case fell apart because the union didn't make hiring decisions.

  • August 10, 2026

    Biz Owners Appeal Morgan Lewis Win In Tax Shelter Suit

    A pair of business owners asked the Florida Supreme Court to reverse a decision affirming judgment in favor of Morgan Lewis & Bockius LLP in a dispute over whether the law firm had routed income through illegal tax shelters.

  • August 10, 2026

    ND Says High Court Ruling Sinks Tribes' VRA Claims

    North Dakota Secretary of State Michael Howe is asking for a judgment on the pleadings on two tribal nations' challenge to the state's 2021 legislative map following a U.S. Supreme Court ruling regarding Section 2 of the Voting Rights Act, saying it's "manifestly obvious" that there's no longer a viable claim.

  • August 10, 2026

    Electrolux Seeks DC Circ. Review Of IAM Pension's $32M Win

    Appliance manufacturer Electrolux is turning to the D.C. Circuit to challenge a $32 million arbitration award in favor of an International Association of Machinists pension fund after a trial court upheld the award last month over the company's objections.

  • August 07, 2026

    Senate Confirms Todd Blanche To Be AG

    The U.S. Senate voted 50-49 in the early hours of Saturday to confirm acting Attorney General Todd Blanche to the permanent position.

  • August 07, 2026

    1st Circ. Agrees Feds Can't Block Climate, Infrastructure Funds

    The First Circuit on Friday endorsed a Rhode Island federal court's decision requiring the Trump administration to unfreeze congressionally approved funding for infrastructure, agriculture, climate and other initiatives, saying conservation nonprofits are likely to succeed on their claim that the funding cuts were unlawful.

  • August 07, 2026

    7th Circ. Upholds Samsung Win In Biometric Privacy Suit

    The Seventh Circuit on Friday declined to disturb a lower court's dismissal of a proposed biometric privacy class action from Samsung phone and tablet users, ruling the users hadn't plausibly alleged that Samsung has their data.

Expert Analysis

  • Opinion

    At High Court, Oil Cos.' Suncor Preemption Claims Fall Short

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    In Suncor Energy v. Boulder County, pending before the U.S. Supreme Court, oil and gas companies argue that municipalities' climate deception claims are equivalent to emissions standards for their industry — but the suit is ultimately incapable of imposing such standards, say Thomas McGarity at the University of Texas School of Law and James Goodwin at the Center for Progressive Reform.

  • 3 Disgorgement Questions Linger After Justices' SEC Ruling

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    While the U.S. Supreme Court’s recent decision in Sripetch v. U.S. Securities and Exchange Commission avoided placing new limits on the SEC’s disgorgement powers, it passed over several questions, including whether the commission can seek disgorgement when returning the money to investors isn't possible, says David Slovick at Kopecky Schumacher.

  • Checking For AI Errors Is Now A Two-Way Street

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    A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

  • Opinion

    Federal Circuit Should Implement Mini En Banc Process

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    To fulfill its mission of uniformity in patent law while avoiding the challenges of en banc hearings, the Federal Circuit should institute mini en bancs — allowing regular three-judge panels to exercise en banc powers unless a majority of the court says otherwise, says Joshua Sohn at the U.S. Department of Justice.

  • What's Next After Justices' Last-Mile Driver Arbitration Ruling

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    The U.S. Supreme Court's recent decision in Flowers Foods v. Brock, refusing to narrow the scope of a Federal Arbitration Act exemption for workers engaged in interstate commerce, gives previously unprotected workers access to litigation, but preserves two potentially powerful arguments for future proceedings, say attorneys at Husch Blackwell.

  • Series

    The Biz Court Digest: Shoring Up Corporate Law In Maryland

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    Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

  • How End Of SEC 'Gag Rule' Affects Free Speech Certiorari Bid

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    The Securities and Exchange Commission's recent rescission of the so-called gag rule, which forbade defendants in settlements from denying the SEC’s allegations, may sway the outcome of a petition to the Supreme Court in a case challenging the rule on First Amendment grounds, say attorneys at Troutman.

  • 2nd Circ.'s Embedded Video Ruling May Protect Publishers

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    The Second Circuit's recent decision in Richardson v. Townsquare, dismissing an infringement claim arising from an embedding of a YouTube-hosted interview, reaffirms a potent defense for publishers who regularly use social media platforms' embed functionality, says Amanda Harris at Jassy Vick.

  • Federal Officer Removal After Justices' La. Pollution Ruling

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    In the wake of the U.S. Supreme Court's recent ruling in Chevron USA v. Plaquemines Parish, companies seeking to use federal officer removal to move litigation out of state court should ask three questions, focusing on government contract language, federally directed activity and related conduct, say attorneys at Hollingsworth.

  • Series

    Competing At Poker Makes Me A Better Lawyer

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    Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

  • Revisiting TransUnion's Underused Standing Rule, 5 Years On

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    The Ninth Circuit Court of Appeals' recent use of the U.S. Supreme Court’s now five-year-old TransUnion v. Ramirez rule specifying that the "mere risk of future harm" isn't concrete enough to support a damages claim presents an opportunity to revisit this underutilized standing rule, say attorneys at Horvitz & Levy.

  • 5 Things Associates Must Ask About Their Firm's Merger Plan

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    The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

  • Uncertainty Looms After Justices' Withdrawal Liability Ruling

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    The U.S. Supreme Court's recent holding in M&K Employee Solutions v. Trustees of the IAM National Pension Fund increases the unpredictability of withdrawal liability assessments, so employers should prepare for a range of assessments and be equipped to challenge unreasonable ones, say attorneys at Winston Taylor.

  • CFTC Trading Rule Can't Police Prediction Markets Yet

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    The Commodity Futures Trading Commission’s recent efforts to police insider trading in prediction markets through a post-Dodd-Frank anti-fraud rule exposes doctrinal gaps around misappropriation theory, leaving platforms to fill the void with win-rate-based surveillance, says attorney Tamara de Silva.

  • Columbia Software IP Ruling Tests Royalty Damages Model

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    The Federal Circuit's recent decision in Columbia University v. Gen Digital, vacating a damages verdict involving foreign software sales, provides guidance on ambiguities surrounding the worldwide royalty damages model established by the court's decision in Brumfield v. IBG two years ago, say attorneys at Munger Tolles.

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