Appellate

  • August 28, 2026

    Industries, States Take Soot Rule Fight To Supreme Court

    A coalition of industry groups and 25 states led by Kentucky and West Virginia have asked the U.S. Supreme Court to review a D.C. Circuit decision that upheld a challenged rule imposing tighter nationwide limits on soot pollution.

  • August 28, 2026

    Calif. Panel Upholds Win For Dentist In Fatal Trip-And-Fall Suit

    The deletion of surveillance footage showing a woman's fatal trip and fall outside a California dentist's office was not spoliation, a state appeals court ruled Friday, calling the erasure unintentional while upholding a lower court's order ending the wrongful death lawsuit.

  • August 28, 2026

    2nd Circ. Revives FCA Overpayment Suit Against Pharmacy

    A Second Circuit panel on Friday undid a whistleblower's loss on False Claims Act allegations that AmerisourceBergen Corp.'s pharmacy business owes the government money for overpayments from federal healthcare programs for drug purchases and other services.

  • August 28, 2026

    Trump Admin Asks High Court To Uphold Trans Troop Ban

    The Trump administration urged the U.S. Supreme Court Friday to allow its ban on transgender members of the military to take full effect, arguing the policy is constitutional under the high court's developing transgender case law.

  • August 28, 2026

    11th Circ. Won't Nix Royal Caribbean Arbitration Appeal

    The Eleventh Circuit on Friday denied a bid to summarily affirm an order denying Royal Caribbean's motion to arbitration claims by passengers suing the cruise line over numerous incidents of voyeurism involving a former employee.

  • August 28, 2026

    DC Circ. Won't Revisit Threshold Issues In Spain Cases

    The D.C. Circuit on Friday denied Spain's bid to reconsider threshold issues raised in five consolidated appeals seeking to enforce arbitral awards collectively worth more than $400 million, including a question on the legal concept that a dispute might be better heard elsewhere.

  • August 28, 2026

    8th Circ. Says Alleged Parole Lies Aren't Unconstitutional

    An Eighth Circuit panel has upheld the dismissal of an Arkansas sex offender's lawsuit alleging his parole officer used a fake daycare to reject his housing plans, saying parole is not a constitutionally protected right.

  • August 28, 2026

    4th Circ. Reverses $42M Abu Ghraib Verdict Against CACI

    The Fourth Circuit on Friday reversed a $42 million jury verdict finding CACI conspired to torture Iraq War detainees, ruling on rehearing the detainees' claims must be dismissed following the U.S. Supreme Court's decision that courts can't create a private right of action under the Alien Tort Statute.

  • August 28, 2026

    Schwab Vendor Exempt From Ill. Biometric Law, 7th Circ. Says

    The Seventh Circuit agreed Friday that a vendor Charles Schwab uses to authenticate customers' voiceprints is exempt from Illinois' biometric privacy law as it refused to revive claims that the vendor illegally collected callers' data.

  • August 28, 2026

    Fed. Circ. Shifts T-Mobile Patent Settlement Fight To 5th Circ.

    The Federal Circuit on Friday sent an appeal from T-Mobile stemming from a patent litigation settlement to the Fifth Circuit, ruling that is proper because the Eastern District of Texas had jurisdiction when the appeal was filed.

  • August 28, 2026

    9th Circ. Rules Against Kalshi In Sports Wager Circuit Split

    The Ninth Circuit on Friday backed a Nevada federal court decision that cleared the way for the state's gambling regulators to pursue Kalshi's sports offerings, creating a circuit split in the sprawling litigation over prediction market regulation.

  • August 28, 2026

    Feds Gain Ground In Energy Permit Turf War With States

    A federal judge's endorsement earlier this month of the Trump administration's restart of a pipeline over California's objections will likely embolden the federal government to override state opposition to energy project development, but the ruling won't be the last word on the legality of such moves.

  • August 28, 2026

    Mom Not Responsible For Son's Alleged Assault, Court Finds

    A Georgia appeals court ruled Friday that a now-deceased woman was rightly freed from a woman's lawsuit accusing her son of assaulting her in his mother's home, upholding a lower court's finding that the injured party had chosen to put herself in a situation she knew was dangerous. 

  • August 28, 2026

    DOJ Cites National Security In $173M Ukraine Award Suit

    The Trump administration Thursday backed Ukraine as it fights efforts by one of Russia's largest oil companies to unpause litigation aimed at enforcing a confirmed $173 million arbitral award, pointing to Russia's increasing reputation as a "surveillance state with severely eroded rule-of-law protections."

  • August 28, 2026

    Ariz. Tribe Seeks To Pause Border Wall Work During Appeal

    The Tohono O'odham Nation is asking a district court to pause an order that denied its bid to block construction of a border wall near its Arizona reservation while it appeals the ruling to the D.C. Circuit, saying the federal government "plainly feels emboldened" by the decision.

  • August 28, 2026

    Financial Firm's $1.4M Asset Hold Against Adviser Upheld

    A Connecticut appeals court Friday said a financial services firm properly secured a nearly $1.4 million asset hold against an adviser, agreeing the company showed a likelihood of proving during underlying Financial Industry Regulatory Authority arbitration that the adviser siphoned customers when transitioning to a new broker-dealer.

  • August 28, 2026

    Circuit Split Raises Stakes For Timing Of Detention Review

    An emerging circuit split on whether district courts can hear habeas claims from noncitizens who say the government wants to deport them for their political speech raises questions about how quickly they can challenge the constitutionality of their detention before an independent judge.

  • August 28, 2026

    6th Circ. Frees School Officials From Teen Suicide Suit

    The Sixth Circuit ruled in a published decision that a Michigan school resource officer and a principal who used "scared straight" tactics to discipline a student cannot be held liable for his suicide, reasoning that the grieving family didn't meet the bar for holding the public officials accountable for a noncustodial act.

  • August 28, 2026

    Fed. Circ. Backs Retailers' Win Over E-Commerce Patent Suits

    The Federal Circuit on Friday refused to reinstate litigation accusing Bath & Body Works and fashion retailer The Buckle of infringing an e-commerce patent, affirming a Texas federal district court's decision to dismiss the legal fight on two separate grounds.

  • August 28, 2026

    3rd Circ. Rejects Trump Admin's No-Bond Policy

    The Third Circuit has added to the circuit split over the Trump administration's detention without bond of unauthorized noncitizens apprehended inside the U.S., finding the policy runs afoul of the Immigration and Nationality Act and violates their due process rights.

  • August 28, 2026

    Rising Star: Weil's Robert Niles-Weed

    Robert Niles-Weed of Weil Gotshal & Manges LLP secured a unanimous U.S. Supreme Court decision in 2023 with significant ramifications for bankruptcy law and has already been named co-head of the firm's appellate practice, earning him a spot among the appellate law practitioners under age 40 honored by Law360 as Rising Stars.

  • August 28, 2026

    Trump Denied New Bid To Federalize Hush Money Prosecution

    A New York federal judge on Friday again denied President Donald Trump's bid to move his criminal hush money conviction out of state court, finding as he did earlier that a federal law defense that Trump was operating in his official capacity would be meritless.

  • August 28, 2026

    House Eyes Vote To Lock Supreme Court At 9 Justices

    The House returns from recess on Monday, and its agenda could include a vote to keep the number of U.S. Supreme Court justices at nine.

  • August 28, 2026

    Minnesota Urges Justices To Reject Foster Parents' ICWA Bid

    The Minnesota Attorney General's Office said two foster parents' challenge to the Indian Child Welfare Act is far from over, because even if they could clear a jurisdictional bar, the Supreme Court will likely remand the dispute and leave the couple's equal protection question to be litigated another day.

  • August 28, 2026

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen shoe brand Crocs bring an appeal against the chief executive of the U.K.'s Intellectual Property Office, singer Alanis Morissette sued by the former head of operations at Live Nation Israel and the son of convicted fraudster Guo Wengui file an appeal against the Chapter 11 trustee controlling his father's bankruptcy estate. 

Expert Analysis

  • Mapping 5 Fronts Of The Prediction Markets Regulatory Battle

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    The legal framework governing prediction markets is under simultaneous challenge in five independent areas, and the outcomes will determine not just who can operate prediction markets, but the compliance obligations of every participant in the ecosystem, says Ivor Wolk at Manatt.

  • Patent Ruling Highlights Risks Of Late Inventorship Fixes

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    The Federal Circuit's recent decision in Implicit v. Sonos demonstrates the risk of forfeiture with retroactive correction of inventorship in inter partes review proceedings, with a clear message to the patent community that potential inventorship issues should be considered at every stage of a patent's life cycle, say attorneys at BCLP.

  • Adjusting IPR Tactics As Google Fights 'Settled Expectations'

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    Google’s petition for the U.S. Supreme Court to scrutinize the Patent Trial and Appeal Board's so-called settled expectations practice underscores why accused infringers facing older asserted patents should treat discretionary denial as a case-dispositive risk from day one, says attorney Abdul Abdullahi.

  • 3 Misconceptions About Justices' FCC Fines Ruling

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    The U.S. Supreme Court's June 4 Federal Communications Commission v. AT&T decision rejecting AT&T’s and Verizon’s argument that the commission's forfeiture process violates the Seventh Amendment has yielded three common reactions that misunderstand the decision as a matter of law and how the FCC actually operates, says Samuel Feder at Jenner & Block.

  • SEC Disgorged Fund Distribution Is Next Query After Sripetch

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    Following the Supreme Court's Sripetch v. U.S. Securities and Exchange Commission decision, investor harm isn't required for the SEC to obtain a disgorgement award, but future cases must resolve whether the commission will be freed from a requirement to distribute disgorged funds to the victims of alleged misconduct, says Daniel Walfish at Katsky Korins.

  • If Upheld, Wash. Millionaire Tax Could Upend State Law

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    The Washington Supreme Court could open the door to broader income, rental and corporate taxes if it defies precedent and the historically established desires of voters by redefining the state constitution's concepts of “income” and “property” to uphold a new tax on wages over $1 million, says Richard Birmingham at Davis Wright.

  • Trump Admin's Agency Records Purge Tests Judicial Notice

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    While courts commonly take judicial notice of data in government websites and reports, the Trump administration's recent modification or wholesale deletion of these sources means that litigants must look elsewhere to support trial admission of this information, says Jon Gryskiewicz at Lewis Baach.

  • Series

    Cow Horse Makes Me A Better Lawyer

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    Moving an unwilling 800-pound cow while riding a horse at high speed is exhilarating, a little unhinged and, at least for me, a surprisingly effective training ground for litigation — both demand focus, preparation over rigid planning and the willingness to act despite fear, says Ashley Zitrin at Glenn Agre.

  • Fla. Driver Ruling Shows Renewed Focus On Privacy Standing

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    A Florida federal court's recent dismissal of a class action alleging that private driving records had been improperly used in violation of the Driver's Privacy Protection Act suggests that companies defending against privacy class actions in Florida may reconsider Article III challenges at the dismissal stage, say attorneys at Sidley.

  • Vax Ruling Offers Employer Tips For Handling Political Speech

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    A California appeals court's recent decision in Rademacher v. ABC, rejecting a "General Hospital" actor's suit alleging he was terminated for opposing a vaccine policy, demonstrates the importance of the employer's process, including neutral policies, documentation, and evidence of who knew what and when, say attorneys at Krevolin Horst.

  • O Brother, Where Art DAO? Jurisdiction Issues Abound

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    While there is a dearth of decisions examining a decentralized autonomous organization's citizenship for diversity jurisdiction purposes, Second Circuit case law has defined citizenship for other unincorporated entities, which may guide how courts evaluate an increasing number of cases involving DAOs, says Michael Mix at Morrison Cohen.

  • Protecting AI-Driven Innovation In Life Sciences IP

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    Recent developments, including the U.S. Patent and Trademark Office's evolving inventorship standards, and the impact of artificial intelligence on the "person of ordinary skill in the art" standard demand that life sciences companies elevate AI patent strategy to a top priority, says Sandra Haberny at Quinn Emanuel.

  • 2nd Circ. Ruling Notably Limits Sentencing Courts' Discretion

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    The Second Circuit’s recent decision in U.S. v. Dralle clarifies the bounds of sentencing courts’ ability to consider uncharged or co-defendant conduct without tying it to statutory sentencing factors, and it may have broader implications for limiting loss attribution in white collar and other criminal cases, say attorneys at Lowenstein Sandler.

  • High Court's Hikma Decision Reshapes 'Skinny Label' Suits

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    The U.S. Supreme Court's decision in Hikma v. Amarin marks a significant victory for generic drug manufacturers, but rather than putting an end to so-called skinny label inducement claims, it narrows and refocuses them, say attorneys at Sterne Kessler.

  • 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.

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