Appellate

  • May 28, 2026

    Pa. Panel Orders Judge Replaced In Sex Abuse Retrial

    A county judge must step aside for the retrial of an accused child sex offender, a Pennsylvania appeals court said Thursday, finding that, because the judge repeatedly declared that the man was innocent of the crimes in a prior proceeding, his impartiality was questionable.

  • May 28, 2026

    States Say Fed. Circ. Should Keep Tariff Block During Appeal

    The Federal Circuit shouldn't stay an injunction blocking the collection of Section 122 tariffs from two businesses and Washington state while the federal government appeals the trade court ruling because the appeal is likely to fail, the businesses and 24 states said Thursday.

  • May 28, 2026

    3 Federal Circuit Clashes To Watch In June

    The Federal Circuit's argument calendar next month includes a dispute between Micron and Netlist over Idaho's law against "bad faith" patent suits, and appeals of multimillion-dollar verdicts against Boston Scientific on a stent patent and TP-Link on Wi-Fi patents.

  • May 28, 2026

    Nearmap, Eagleview Reach Roof Measurement Patent Deal

    The owner of a series of patents covering a system for measuring and identifying attributes in a roof by using aerial imagery has settled its yearslong infringement allegations against Nearmap in Utah federal court.

  • May 28, 2026

    Akerman Says Colo. Roofing Co. Owes $650K From IP Suit

    Akerman LLP claimed in Colorado state court on Wednesday that a roofing company has not paid nearly $650,000 in attorney fees and costs related to a trademark infringement lawsuit from a competing business in Nevada.

  • May 28, 2026

    4th Circ. Wipes Out NC Man's Sentence For Gun Possession

    The Fourth Circuit vacated a North Carolina man's seven-year prison sentence for a firearm conviction, finding there was not an adequate factual connection between his gun possession and an underlying state homicide charge.

  • May 28, 2026

    NJ Comptroller Asked If It's Auditing Or Investigating Vendor

    A New Jersey appeals court on Thursday questioned whether the state comptroller's office exceeded its authority when it subpoenaed a private company that provides services to charter schools, asking whether the agency was conducting an audit of or an investigation into the company.

  • May 28, 2026

    6th Circ. Revives P-Funk Keyboardist's Copyright Royalty Suit

    The Sixth Circuit revived part of the estate of late Parliament-Funkadelic keyboardist George "Bernie" Worrell's copyright suit against group co-founder George Clinton and his company Thang Inc., ruling that a jury must decide whether Worrell partly owned the recordings he helped create. 

  • May 28, 2026

    5th Circ. Won't Rehear Deepwater Prostate Cancer Suit

    The Fifth Circuit has denied an en banc rehearing of a worker's toxic tort suit against BP Exploration & Production over prostate cancer he alleges he developed because of exposure to crude oil during cleanup of the 2010 Deepwater Horizon spill.

  • May 28, 2026

    Wash. Tribes, River Group Fight FERC Hydro License

    The Confederated Tribes and Bands of the Yakama Nation and nonprofit Columbia Riverkeeper have each sued the Federal Energy Regulatory Commission in the Ninth Circuit over the agency's issuance of a license for a hydroelectric project license.

  • May 28, 2026

    Fla. Justices Say Ex-Power Co. Welder Didn't Prove Retaliation

    The Florida Supreme Court rejected a welder's appeal alleging that a power company terminated him in retaliation for blowing the whistle on unsafe work conditions, ruling Thursday he didn't prove beyond a subjective belief that his former employer violated the law. 

  • May 28, 2026

    Pa. Justices Order Return Of Gun After Charges Dismissed

    A Philadelphia woman who has been trying to get her gun back from the state for years is entitled to it, the Pennsylvania Supreme Court ruled, finding that since the complaint against her was dismissed and prosecutors couldn't show why they needed to keep her property, it should be returned.

  • May 28, 2026

    9th Circ. Warned Of Market Forces In Nexstar-Tegna Case

    The National Association of Broadcasters told the Ninth Circuit that a lower court's view of the market in a case challenging the $6.2 billion merger between Nexstar and Tegna is inconsistent with its members' experience and contradicts industry data recently submitted to regulators.

  • May 28, 2026

    'Socioeconomic' Remark At Atty's Homicide Trial Vexes Judge

    A prosecutor's "socioeconomic" description of the man shot to death by a former Cramer & Anderson LLP partner may have been improper, a Connecticut appellate judge said Thursday, casting some doubt on the integrity of Robert L. Fisher Jr.'s manslaughter conviction.

  • May 28, 2026

    EEOC Urges 11th Circ. To Restore Sex Harassment Verdict

    The U.S. Equal Employment Opportunity Commission said the Eleventh Circuit should reinstate a jury win for a female former host of a Georgia restaurant who claimed that managers failed to stop male coworkers' lewd behavior toward her, faulting the trial court for minimizing the men's conduct.

  • May 28, 2026

    Goldstein Says Bad Jury Instructions Warrant New Trial

    SCOTUSblog founder Tom Goldstein said that the prosecutors who convicted him on 12 tax and mortgage fraud charges in February are now contradicting arguments they made at the end of his trial in their attempt to deny him a bench acquittal or new trial.

  • May 28, 2026

    Fed. Circ. Reinstates PTAB Challenge To E-Learning Patent

    Employee training platform Go1 won its bid to revive its challenge to a cloud learning patent it has been accused of infringing, after the Federal Circuit on Thursday threw out the Patent Trial and Appeal Board's finding that the company failed to show the patent was invalid.

  • May 28, 2026

    Florida High Court Adopts AI Policy For Lawyers

    The Florida Supreme Court on Thursday amended the state's rules to require those filing court documents to check any artificial intelligence-generated content for accuracy, and allow for sanctions if the content contains errors.

  • May 28, 2026

    1st Circ. Rejects Bid To Halt Deportation Over Teens' Health

    The First Circuit let stand deportation orders for a Guatemalan man hoping concerns over his daughters' health would earn him a reprieve, finding an immigration judge correctly found his removal would not result in exceptional hardship for the teens.

  • May 28, 2026

    Fla. Court Refers Atty To Bar Over Bogus Case Citations

    A Florida state appeals court has referred an appellant's attorney to the state's bar for disciplinary proceedings after filing a petition that appears to be generated by artificial intelligence and "raises frivolous arguments, misstates the law, and cites non-existent case law."

  • May 28, 2026

    9th Circ. Won't Revisit FCA Ruling Over Drug Price Program

    The Ninth Circuit has said it will not disturb its March ruling allowing a hospital chain to pursue a False Claims Act lawsuit against various pharmaceutical companies for allegedly causing the government to overpay for drugs under a discount program.

  • May 28, 2026

    Split Fed. Circ. Says $452M Trade Secret Case Was Untimely

    A split Federal Circuit panel on Thursday erased Insulet Corp.'s trade secret victory against EOFlow Co. Ltd., holding that the medical device maker filed its claims too late and reversing a $452 million jury verdict that was later reduced to $59.4 million.

  • May 28, 2026

    4th Circ. Rules IRS 'Cooperation' Doesn't Sink Tax Convictions

    The Fourth Circuit on Thursday affirmed the convictions of two software executives found guilty at trial of failing to pay employment taxes to the Internal Revenue Service, rejecting the notion that their alleged cooperation with the IRS somehow undermined the charges.

  • May 28, 2026

    6th Circ. Nixes Aircraft Co.'s $39M Excise Tax

    A fractional jet company is not liable for a $39 million air transportation excise tax because the levy applies only to its usage charges for each flight, not the fixed costs for management and operations, the Sixth Circuit ruled.

  • May 28, 2026

    Justices Revive Mississippi Death Row Inmate's Batson Claim

    The U.S. Supreme Court ruled Thursday that a Black Mississippi death row prisoner who argued racial discrimination tainted his jury selection is entitled to habeas corpus relief, finding that Mississippi's courts improperly rejected his challenge to the prosecutor's juror strikes.

Expert Analysis

  • Contract Disputes Recap: Terminations Galore

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    Three recent decisions from the Federal Circuit and the Civilian Board of Contract Appeals provide valuable insights about sticking to a contract's plain language, navigating breach of contract claims, and jurisdictional limits on reinstatement of a canceled contract, say attorneys at Seyfarth.

  • Opinion

    Minn. Can Still Bring State Charges In Absence Of Fed Action

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    After two fatal shootings by federal immigration officers in Minneapolis, Minnesota's role isn't waiting to see if the federal government brings criminal charges, but independently weighing state homicide charges and allowing the judiciary to decide whether the subject conduct falls within the narrow protections of supremacy clause immunity, says Sheila Tendy at Tendy Law.

  • State Of Insurance: Q4 Notes From Illinois

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    In 2025's last quarter, Illinois’ appellate courts weighed in on overlapping homeowners coverages for water-related damages, contractual suit limitation provisions in uninsured motorist policies, and protections for genetic health information in life insurance underwriting, while the Department of Insurance sought nationwide homeowners' insurance data from State Farm, says Matthew Fortin at BatesCarey.

  • How 2 Tech Statutes Are Being Applied To Agentic AI

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    The application of the Computer Fraud and Abuse Act and the California Invasion of Privacy Act to agentic artificial intelligence is still developing, but recent case law, like Amazon's lawsuit against Perplexity in California federal court, provides some initial guidance for companies developing or deploying these technologies, say attorneys at Weil.

  • Defense Strategy Takeaways From Recent TCPA Class Actions

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    Although recent Telephone Consumer Protection Act decisions do not establish any bright-line tests for defeating predominance based on an argument that class members provided consent for the calls, certain trends have emerged that should inform defense strategies at class certification, say attorneys at Womble Bond.

  • NYC Bar Opinion Warns Attys On Use Of AI Recording Tools

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    Attorneys who use artificial intelligence tools to record, transcribe and summarize conversations with clients should heed the New York City Bar Association’s recent opinion addressing the legal and ethical risks posed by such tools, and follow several best practices to avoid violating the Rules of Professional Conduct, say attorneys at Smith Gambrell.

  • Series

    The Biz Court Digest: Dispatches From Utah's Newest Court

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    While a robust body of law hasn't yet developed since the Utah Business and Chancery Court's founding in October 2024, the number of cases filed there has recently picked up, and its existence illustrates Utah's desire to be top of mind for businesses across the country, says Evan Strassberg at Michael Best.

  • 4 Quick Emotional Resets For Lawyers With Conflict Fatigue

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    Though the emotional wear and tear of legal work can trap attorneys in conflict fatigue — leaving them unable to shake off tense interactions or return to a calm baseline — simple therapeutic techniques for resetting the nervous system can help break the cycle, says Chantel Cohen at CWC Coaching & Therapy.

  • 2 Rulings Showcase Fuzzy Limits Of 'Related To' Jurisdiction

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    The Fifth and Ninth Circuits recently handed down decisions, in Sanchez Energy and Sawtelle Partners, respectively, reminding practitioners that bankruptcy court jurisdiction over lingering disputes is not guaranteed, regardless of whether confirmation orders contain specific "retention of jurisdiction" language, says Brian Shaw at Cozen O’Connor.

  • 3 Key Ohio Financial Services Developments From 2025

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    Ohio's banking and financial services sector saw particularly notable developments in 2025, including a significant Ohio Supreme Court decision on creditor disclosure duties to guarantors in Huntington National Bank v. Schneider, and some major proposed changes to the state's Homebuyer Plus program, says Alex Durst at Durst Kerridge.

  • Patent Eligibility Faces Widening Gap Between USPTO, Courts

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    The year 2026 opened with a profoundly altered Patent Act Section 101 ecosystem — the U.S. Patent and Trademark Office has pushed eligibility as far open as it can for artificial intelligence technologies, but the courts are not on the same page, say attorneys at Skadden.

  • Navigating Trade Secret Exceptions In Noncompete Bans

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    Recent and ongoing developments in the noncompete landscape, including a potential decision from the Tenth Circuit in Edwards Lifesciences v. Thompson, could offer tools for employers to bring noncompete agreements within trade secret exceptions amid an era of heightened employee mobility, say attorneys at Sullivan & Cromwell.

  • Series

    Playing Tennis Makes Me A Better Lawyer

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    An instinct to turn pain into purpose meant frequent trips to the tennis court, where learning to move ahead one point at a time was a lesson that also applied to the steep learning curve of patent prosecution law, says Daniel Henry at Marshall Gerstein.

  • False Ad Suit Shows Need For Clear, Conspicuous Disclosure

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    The Eleventh Circuit's recent false advertising decision in Federal Trade Commission v. Corpay reiterated the FTC's guidance imploring advertisers to ensure that any disclosures are clear and conspicuous to consumers, providing companies with numerous lessons about truthful advertising and highlighting some common disclosure pitfalls to avoid, says Michael Justus at Carlton Fields.

  • Justices' BDO Denial May Allow For Increased Auditor Liability

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    The Supreme Court's recent denial of certiorari in BDO v. New England Carpenters could lead to more actions filed against accounting firms, as it lets stand a 2024 Second Circuit ruling that provided a road map for pleading falsity with respect to audit certifications, says Dean Conway at Carlton Fields.

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