Appellate

  • June 01, 2026

    5th Circ. Probes Standing In Challenge To EPA Asbestos Rule

    Fifth Circuit judges Monday questioned whether challengers to a U.S. Environmental Protection Agency rule that addresses chrysotile asbestos, the only known form of the carcinogen still used and imported in the country, have a legal right to sue over their alleged injuries.

  • June 01, 2026

    Fed. Circ. Debates Line Between Extortion And Settlement

    A Federal Circuit panel Monday questioned whether OpenSky Industries LLC should be punished for allegedly extorting VLSI Technology LLC by threatening to challenge its patent, or if any misconduct would be covered under a doctrine meant to protect those petitioning the government.

  • June 01, 2026

    Ala. Redistricting Fight Tests Justices' Voting Rights Ruling

    Alabama officials and Black voters have asked the U.S. Supreme Court to decide if an order requiring the state to hold this year's elections under a court-drawn map that gives Black voters a chance to elect two preferred congressional candidates constitutes a "roadmap for evading" or a faithful application of the high court's recent Voting Rights Act ruling.

  • June 01, 2026

    Colo. Justices Affirm Uninsured Motorist Rule For Insurers

    The Colorado Supreme Court unanimously decided Monday to affirm a more-than-20-year-old ruling that an insurer must plead its defenses "as soon as practicable" to participate in litigation between its insured and an uninsured motorist.

  • June 01, 2026

    Justices Say 11th Circ. Wrong To Consider Posttrial DNA Test

    The U.S. Supreme Court on Monday vacated an Eleventh Circuit opinion that denied habeas relief to a Florida man on death row, saying the appellate court erroneously considered a posttrial DNA analysis that was never seen by the jurors who convicted him.

  • June 01, 2026

    7th Circ. Sentence Approval Went Too Far, Fraudster Says

    A financial controller serving six years for a $7 million bank fraud scheme is again urging the Seventh Circuit to review the trial court's sentencing range decisions, arguing a panel improperly sifted through the record to affirm an enhancement for the scheme's sophistication.

  • June 01, 2026

    Rail Co.'s $5.6M Irma Costs Met Deductible, 11th Circ. Says

    The Eleventh Circuit revived a Florida railroad company's insurance dispute over coverage for $5.6 million in costs to avoid Hurricane Irma damage, ruling claimed expenses for preventative maintenance exceeded the $750,000 policy deductible even though it incurred no physical loss as a result of the storm. 

  • June 01, 2026

    DC Circ. Says Military Trans Ban Flouts Constitutional Rights

    A divided D.C. Circuit panel Monday said the Trump administration illegally banned transgender individuals from military service, then narrowed a preliminary injunction to prevent the government's exclusion of transgender people presently serving in the military but not those desiring to enlist.

  • June 01, 2026

    Ga. Panel Says New Trial Warranted In J&J Talc Cancer Suit

    A Georgia appellate panel on Monday affirmed a trial judge's decision to grant a new trial in a suit alleging Johnson & Johnson's talc-based baby powder caused a woman's fatal cancer, saying the defense verdict was not supported by sufficient evidence.

  • June 01, 2026

    11th Circ. Won't Stop Joint Hearing In Depo-Provera MDL

    A group of Delaware plaintiffs who say Pfizer's hormonal contraceptive Depo-Provera causes brain tumors can't block a joint evidentiary hearing with a Florida federal court overseeing multidistrict litigation over the same claims after the Eleventh Circuit denied their petition Monday.

  • June 01, 2026

    Fed. Circ. Side-Eyes ParkerVision Appeal In Qualcomm IP Suit

    A Federal Circuit panel Monday seemed reluctant to consider ParkerVision's challenge to a lower court's claim construction while other parts of its patent suit against Qualcomm remain pending, with one judge saying the litigation's protracted nature doesn't make it exceptional or justify special treatment.

  • June 01, 2026

    Moderna Tells Fed. Circ. US Must Face COVID Vax Patent Case

    Moderna has urged the Federal Circuit to rule that Arbutus Biopharma must pursue its patent infringement claims over Moderna's COVID-19 vaccine against the U.S. government, saying a lower court ruling that Moderna must face the multibillion-dollar suit was "deeply flawed."

  • June 01, 2026

    4th Circ. Partially Revives Salvadoran's Immigration Case

    The Board of Immigration Appeals failed to fully consider a Salvadoran woman's attempt to avoid removal after fleeing familial violence, the Fourth Circuit ruled Monday, finding it didn't examine a particular social group she said she was persecuted for belonging to.

  • June 01, 2026

    Justices Turn Away Lebanon Cell Network Challenge

    The U.S. Supreme Court on Monday turned down a petition asking it to take a second look at a Sixth Circuit decision refusing to revive litigation against Libya over its cellular network tender process, a case that was originally dismissed more than two decades ago on sovereign immunity grounds.

  • June 01, 2026

    Colo. Justices Allow Gun, Drug Evidence From Car Sweep

    The Colorado Supreme Court on Monday ruled that evidence discovered during a car search conducted by police cannot be suppressed as part of a drug and weapons possession trial in state court because the search was justified under a legal exception for vehicle searches.

  • June 01, 2026

    3rd Circ. Backs Judge On Deadline For Death Penalty Bid

    A man accused of killing a detective in the Virgin Islands won't face the death penalty because prosecutors missed a court-imposed deadline, but the crime qualifies for death, should prosecutors seek the penalty in similar cases, the Third Circuit said in a matter of first impression Monday.

  • June 01, 2026

    Law Unclear On 'Deplorable' Photo Share, 3rd Circ. Rules

    A split Third Circuit panel has ruled that a Philadelphia police officer can't be sued for photographing and sharing a picture of a dead man who jumped from a bridge, holding that while the conduct was "deplorable," the Constitution did not clearly establish that families have a right to control images of their loved ones' deaths.

  • June 01, 2026

    Plaintiffs' Counsel In Tylenol MDL Agree To $50K Donation

    A plaintiffs' attorney and law firm sanctioned in multidistrict litigation alleging prenatal exposure to acetaminophen can cause autism agreed to donate $50,000 to maternal health organization March of Dimes in lieu of paying attorney fees, according to a letter filed Monday in New York federal court. 

  • June 01, 2026

    Utah Backs 10th Circ. Review Of Ute Split-Estate Fight

    Utah and two of its counties are asking the Tenth Circuit to grant the Ute Indian Tribe permission to file an interlocutory appeal on whether split estate lands are Indian Country, saying that final resolution of the issue will allow a half-century of litigation to end.

  • June 01, 2026

    Ga. Appeals Court Says Septic Waste Fight Needs Closer Look

    A Georgia appeals court axed an order permanently barring a family from disposing of septic tank waste on their land without a permit in a case brought by the state's Environmental Protection Division, saying Monday the lower court needed to take a more thorough look at the regulations in play.

  • June 01, 2026

    Ramey Takes Fight Against $162K Fee To Supreme Court

    Prolific patent attorney William Ramey has asked the U.S. Supreme Court to look at a case in which his client was ordered to pay the attorney fees of a rival litigant after the case was tossed for asserting expired patents, saying the case had seen the standard for attorney fee awards "rewritten."

  • June 01, 2026

    Judge Limits Google's Access To Search Rival's Data

    A D.C. federal judge imposed limits on the data Google can access from would-be rivals seeking its search data and syndicated search results, agreeing with the U.S. Department of Justice that the company can't access every piece of information submitted to a technical committee overseeing its monopolization remedies.

  • June 01, 2026

    Court Botched Scammer Restitution Process, 6th Circ. Says

    A Romanian man convicted of running multimillion-dollar online schemes has, for now, upended a court order requiring him to pay $850,000 to his alleged victims, the Sixth Circuit ruled, saying in a published opinion that the trial court violated federal law by imposing the prosecution's requested restitution sum without explaining how it got to that number.

  • June 01, 2026

    2nd Circ. Backs Yacht Forfeiture Absent Proof Of Ownership

    A Second Circuit panel on Monday affirmed a district court decision that authorized the United States to sell a seized superyacht, finding the businessman contesting its sale could not prove he was the yacht's true owner.

  • June 01, 2026

    Penske, Family Spar In 5th Circ. Crash Suit After Montgomery

    Trucking services giant Penske Logistics LLC and its freight broker affiliate Penske Transportation Management LLC have told the Fifth Circuit that the U.S. Supreme Court's recent Montgomery ruling doesn't support reviving negligence claims from the family of a man killed in a 2018 Texas collision.

Expert Analysis

  • Opinion

    Murdaugh Reversal Masks Deeper Justice System Issues

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    The South Carolina Supreme Court's recent reversal of Alex Murdaugh's murder conviction leans heavily on improper jury influence by an ex-county clerk of court while underbilling other errors in the case, which are emblematic of larger issues with the justice system, says Barry Edwards at Fair Trial Analysis.

  • Del. Justices' Ripeness Ruling Shields Advance Notice Bylaws

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    The Delaware Supreme Court’s recent decision dismissing two AES and Owens Corning stockholder challenges of advance notice bylaws as unripe provides corporations more room to insulate their nomination procedures from activist pressure, say attorneys at Reed Smith.

  • How The High Court Expanded Freight Broker Liability

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    After the U.S. Supreme Court's decision in Montgomery v. Caribe Transport II that freight brokers may be liable for selecting unsafe motor carriers, the key question will be whether brokers used reasonable care in selecting a given motor carrier, with the concurring opinion offering some clues as to what reasonable care might look like, says Marc Blubaugh at Benesch.

  • 'Anderson Method' Ruling Shows Copyright Limits In Fitness

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    The Ninth Circuit's ruling in Tracy Anderson Mind and Body v. Megan Roup, finding that sequences of exercises developed and recorded by Tracy Anderson were not copyrightable choreographic works, is a reminder that even highly creative fitness programming can fall outside the scope of copyright protection, says Meredith Bobber Strauss at Michelman & Robinson.

  • 2nd Circ.'s Cantero Redo Complicates Mortgage Escrow Issue

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    The Second Circuit's recent decision in Cantero v. Bank of America reflects the absence of definitiveness in mortgage escrow preemption jurisprudence, leaving lenders to navigate conflicting state rules and pricing challenges amid a deepening circuit split, say attorneys at Sullivan & Cromwell.

  • 3 Rulings Show How Creditors Make Civil RICO Claims Stick

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    An Arizona federal court's recent decision concerning UniCredit Bank Austria is one of few in which creditors' claims against debtors for Racketeer Influenced and Corrupt Organizations Act violations have survived motions to dismiss, and these claims' substantial benefits make the rulings worth analyzing for guidance, says Brian Asher at Asher Research.

  • What Fed. Circ.'s Poultry Patent Ruling Says About 'About'

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    The Federal Circuit's recent decision in Enviro Tech v. Safe Foods highlights how approximation language in patent claims affects not only litigation outcomes, but also portfolio value, competitive positioning and prosecution strategy, say attorneys at Foley & Lardner.

  • Class Actions At The Circuit Courts: May Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings from cases involving allegations of Title VII violations, the Employment Retirement Income Security Act, prison dental care violations and overcharging for PACER access.

  • Texas Ruling Makes Avoiding Appraisal Nearly Impossible

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    By deciding that a coverage dispute doesn't nullify an appraisal clause, the Texas Supreme Court, in its recent Ace American Insurance ruling, makes appraisal nearly unavoidable in state personal auto and residential property disputes, says David Winter at Norton Rose.

  • Series

    NY Times Word Puzzles Make Me A Better Lawyer

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    Every morning I let The New York Times humble me with word games, which offer a chance to recalibrate my brain before the day's chaos arrives and remind me that a solution — whether to a puzzle or employment law issue — almost always exists once I find the right angle, says Amy Epstein Gluck at Pierson Ferdinand.

  • Tracking Tech Suit Is A Risk Management Reminder For Cos.

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    The Fifth Circuit recently heard oral argument in Rand v. Eyemart Express — an appeal that could reshape the legal landscape for businesses that deploy tracking tech on their websites — underscoring the importance of proactive risk management for companies across multiple industries, say attorneys at Blank Rome.

  • Series

    Law School's Missed Lesson: Diagnose Before Arguing

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    Law school often skips over explicitly teaching students how to determine what kind of problem a case presents before they commit to a particular doctrinal path, which risks building arguments that are internally coherent but externally misaligned, says Melanie Oxhorn at Kobre & Kim.

  • A Fed. Circ. Blueprint For Drafting Medical Device Patents

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    The Federal Circuit's decision in Constellation Designs v. LG last month, among other recent rulings, underscores the importance of emphasizing engineering, rather than clinical goals, when drafting patent claims for medical devices and software as a medical device, says Brandon Theiss at Volpe Koenig.

  • Decoding Arbitral Disputes: EU's Arb. Defense From Russia

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    The EU's latest package of restrictive measures against Russia marks a significant shift from merely resisting Russian jurisdictional tactics to proactively protecting arbitration and exclusive jurisdiction agreements, elevating the procedural importance of dispute resolution clauses, says Josep Galvez at 4-5 Gray's Inn Square.

  • Becoming The Biz-Savvy GC That Portfolio Companies Need

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    Candidates for general counsel roles at private equity-backed portfolio companies should prioritize proving their sector-specific experience, commercial judgment and ease with uncertainty — and attorneys hoping to be candidates in five to 10 years should start working on those skills now, says Dimitri Mastrocola at Major Lindsey.

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