Appellate

  • October 13, 2026

    Fed. Circ. Upholds Alice Ax Of Targeted Ad Patents

    The Federal Circuit on Tuesday refused to revive a series of patents relating to internet advertising in a dispute between rival ad platforms after a New York federal court found the patents didn't pass the U.S. Supreme Court's Alice test.

  • October 13, 2026

    Ex-U. Of Fla. Urologist Can't Get Sex Bias Suit Back On Track

    The Eleventh Circuit refused Tuesday to reinstate a lawsuit from a doctor who said gender discrimination got her removed from University of Florida's urology department, unpersuaded by her argument that a lower court prematurely shut down the bulk of her lawsuit.

  • October 13, 2026

    Mass. Panel Backs State Police Leader's July 4 Staffing Memo

    The head of the Massachusetts State Police has the power to prohibit officers from taking time off around the Independence Day holiday, the state's intermediate-level appeals court said Tuesday, affirming that the matter is not subject to collective bargaining.

  • October 13, 2026

    Wash. School District Defends Trans Policy At High Court

    A Washington state school district rebuked a suit challenging its permissive transgender athlete policies Tuesday, telling the U.S. Supreme Court that the legal fight is not nearly ripe enough for high court scrutiny. 

  • October 13, 2026

    2nd Circ. Seems Doubtful Of RTX Corp. Investors' Appeal

    A Second Circuit panel Tuesday seemed leery of RTX Corp. investors' bid to revive allegations that the aerospace manufacturer violated securities laws by concealing an aircraft engine defect, with several judges pointing out how the complaint seemed to lack allegations that executives knew different disclosures were necessary.

  • October 13, 2026

    5th Circ. Backs Ginnie Mae On Reverse Mortgage Liens

    A unanimous Fifth Circuit panel affirmed a lower court's ruling in favor of Ginnie Mae in a suit Texas Capital Bank brought over the extinguishment of its lien on reverse mortgage assets, saying there is a "sound statutory basis to conclude" that Ginnie Mae has authority over the entire mortgage once an issuer defaults.

  • October 13, 2026

    Mich. Appeals Court Weighs Liability In Hunting Shooting

    A Michigan appeals panel questioned Tuesday whether a jury, and not a judge, should have decided if a father was grossly negligent when he gave his son the shotgun with which he accidentally shot his longtime friend in the groin, causing catastrophic injuries, despite evidence of the son's history of alcohol abuse and reckless behavior.

  • October 13, 2026

    Fed. Circ. Backs L'Oreal's Alice Win On Face Analysis Patent

    The Federal Circuit on Tuesday issued a one-word order affirming a California federal court's invalidation of a facial measurement and analysis patent that had been asserted against the cosmetic giant L'Oreal USA Inc.

  • October 13, 2026

    Justices Won't Review Arbitrator Bias In Nursing Home Suit

    The U.S. Supreme Court on Tuesday declined to review a Sixth Circuit decision upholding an arbitration award favoring a Kentucky nursing home, rejecting a request to clarify when an arbitrator's failure to disclose past misconduct warrants overturning an award.

  • October 13, 2026

    Groups Ask Justices To Hear Apple's ITC Industry Rule Fight

    The Federal Circuit wrongly continued the degradation of the U.S. International Trade Commission's domestic industry requirement in patent disputes by sustaining a decision that Apple Watches infringe Masimo Corp.'s patents, groups supporting Apple's petition told the U.S. Supreme Court on Tuesday.

  • October 13, 2026

    Fed. Circ. Pressed To Undo $61M IP Verdict Against Samsung

    A nonprofit representing tech giants including Amazon, Google and Intel told the Federal Circuit on Friday the court should overturn a $61 million jury verdict against Samsung for infringing a single standard-essential 5G patent.

  • October 13, 2026

    Boston Not Required To Recut Uncashed 1998 Check

    A Rhode Island company can't force the city of Boston to reissue a $150,000 check from 1998 that got lost for a quarter of a century, an intermediate Massachusetts appellate court ruled Tuesday.

  • October 13, 2026

    High Court Won't Hear Fingerprint Analyst's Immunity Defense

    The U.S. Supreme Court said Tuesday that it would not review an Eleventh Circuit decision stripping qualified immunity from a fingerprint analyst who is facing allegations that she fabricated evidence that sent a wrongly convicted man to death row.

  • October 13, 2026

    7th Circ. Wrong On TM Interest Ruling, High Court Told

    A company that makes apparel with the U.S. Army slogan "This We'll Defend" has told the U.S. Supreme Court that the circuits are "deeply divided" on the issue of prejudgment interest and that a case where the Seventh Circuit affirmed a $229,000 prejudgment interest award against it would serve as the ideal vehicle to resolve the split.

  • October 13, 2026

    NLRB Says Amazon's Union Vote Challenges Fall Short

    The National Labor Relations Board has urged the Fifth Circuit to reject Amazon's challenge to an order to negotiate with workers at a Staten Island, New York, warehouse, arguing its appeal of a union's 2022 election win misstates the board's analysis and distorts the evidence.

  • October 13, 2026

    11th Circ. Urged To Keep Atty On The Hook For Defense Costs

    A lawyer who said a fellow attorney targeted her with a frivolous lawsuit asked the Eleventh Circuit to uphold a sanctions award, arguing that a district court was right to conclude that the suit was baseless and defense costs should be shifted to the plaintiff.

  • October 13, 2026

    Justices Wary Of Weakening Sentencing Commentary

    The U.S. Supreme Court appeared skeptical Tuesday of arguments that lower court judges should not give deference to U.S. Sentencing Commission commentary that interprets federal sentencing guidelines, with some of the justices wondering whether such a holding would open the floodgates for thousands of defendants seeking to have their sentences reconsidered.

  • October 13, 2026

    1st Circ. Revives Amgen Migraine Drug Risk Label Suit

    A mother in Massachusetts is entitled to pursue a new theory of liability against drugmaker Amgen Inc. over the death of her 25-year-old son after he took the company's then-recently approved migraine medication Aimovig in 2018, the First Circuit has found.

  • October 13, 2026

    2nd Circ. Revives Lidl Worker's Unpaid Waiting Time Suit

    Waiting time is compensable under federal wage law when employees are required to report to work but cannot begin their duties for reasons beyond their control, the Second Circuit ruled Tuesday in reviving a Lidl grocery store worker's unpaid wage claims.

  • October 13, 2026

    Sotomayor Warns Gov't On Double Jeopardy In Migrant's Case

    U.S. Supreme Court Justice Sonia Sotomayor cautioned the government on Tuesday about charging a deported Mexican national twice for the crime of being found in the U.S. after having been removed, saying constitutional problems plagued the government's treatment of the man.

  • October 13, 2026

    High Court Won't Hear Ex-United Worker's Suit Against IAM

    The U.S. Supreme Court on Tuesday declined to revive a lawsuit brought by a former United Airlines customer service agent seeking to bring claims against her union for failing to take her wrongful discharge claim against the company to arbitration.

  • October 13, 2026

    Sen. Justice Must Cover Coal Cos.' $25M Surety Bond Debt

    U.S. Senator Jim Justice must pay a surety more than $25 million after he personally promised to cover collateral and past-due premiums owed by his coal companies if they failed to stay current on their payment obligations, the Sixth Circuit ruled.

  • October 13, 2026

    Cozen Says Rival Weaponized Florida Mediation Law

    Cozen O'Connor urged a Florida appeals court Tuesday to reverse a judgment in favor of Mintz Truppman PA in a long-running dispute over an alleged breach of mediation confidentiality, calling the rival firm's suit an "unprecedented attempt to weaponize the Mediation Confidentiality Act."

  • October 13, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week saw stockholders challenge Nvidia Corp.'s roughly $20 billion deal with artificial intelligence chipmaker Groq Inc., Hertz Global Holdings Inc.'s electric vehicle strategy and more than $1.5 billion in Humana Inc. stock buybacks.

  • October 13, 2026

    1st Circ. Nixes Lobster Fishers' Libel Suit Against Aquarium

    The First Circuit has ordered the dismissal of a defamation suit that lobster fishers brought against an aquarium that urged consumers to avoid buying lobster, finding the claims are barred because the report did not single out any of the plaintiffs.

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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