Appellate

  • 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.

  • June 01, 2026

    $226K Atty Fund Seizure Stands On Shaky Ground, Panel Told

    A Connecticut attorney who successfully challenged his 90-day suspension told an appellate panel Monday that a related order forfeiting the contents of his trust account rests on an unstable legal foundation and should be relitigated.

  • June 01, 2026

    Justices Seek Feds' Input On Robinhood Investor Suit

    The U.S. Supreme Court on Monday asked the government to weigh in on a dispute between trading app operator Robinhood and investors who sued over the company's $2.1 billion initial public offering, as the high court considers whether to hear the case.

  • June 01, 2026

    11th Circ. Backs Miami Beach In Ex-Cop's Retaliation Suit

    The Eleventh Circuit refused Monday to reopen a former Miami Beach police officer's lawsuit claiming she was forced out for complaining about colleagues' sexually explicit comments and behavior, finding she couldn't overcome the city's explanation that she repeatedly neglected her duties.

  • June 01, 2026

    Judge OKs 3rd Circ. Review For Homebuyer Antitrust Case

    A Pennsylvania federal judge on Monday allowed brokerage Hanna Holdings to ask the Third Circuit to review a March decision largely rejecting its attempt to escape claims from homebuyers that its allegiance to National Association of Realtor rules drove up the cost of purchases.

  • June 01, 2026

    5th Circ. Judge Asks Starbucks Why Co. Doesn't Want Unions

    A Fifth Circuit judge probed Starbucks' labor philosophy Monday in its appeal of a National Labor Relations Board ruling that it stifled workers' rights in a smothering response to an organizing explosion in upstate New York five years ago, asking the company's attorney why it doesn't want unions.

  • June 01, 2026

    Justices To Probe Habeas Route In Latest First Step Act Case

    The U.S. Supreme Court agreed Monday to resolve a circuit split over whether prisoners may seek early release under the First Step Act through habeas petitions, taking up the appeal of a former Texas lawyer who was convicted in a Mafia takeover scheme of a mortgage loan company.

  • June 01, 2026

    States Back FTC's DC Circ. Appeal In Meta Monopoly Case

    More than two dozen state attorneys general have thrown their support behind the Federal Trade Commission's bid to revive its lawsuit accusing Meta of monopolizing social networking through its purchases of WhatsApp and Instagram.

  • June 01, 2026

    Mich. Panel Backs Conversion Ruling Against Disbarred Atty

    A Michigan appellate panel has said a disbarred northeastern Michigan attorney's decision not to back up her arguments sank her appeal arising from a lawsuit accusing her of converting or embezzling trust funds, affirming summary disposition against the attorney and saying she "simply failed to brief the issue."

  • June 01, 2026

    1st Circ. Says BIA Botched Reopening Bid Over Late Brief

    A First Circuit panel said the Board of Immigration Appeals abused its discretion when rejecting a Colombian woman's attempts to continue her fight against deportation, finding she was likely prejudiced by ineffective counsel.

  • June 01, 2026

    5th Circ. Presses Green Groups On LNG Project Application Row

    A Fifth Circuit panel wanted to know how the Delfin LNG LLC deepwater liquefied natural gas project off Louisiana's coast had changed enough to merit a redo of the project's application, asking Monday if the application should have been amended "as a matter of law."

  • June 01, 2026

    States Back Air Force In High Court Munitions Disposal Fight

    Several states urged the U.S. Supreme Court to reverse a Ninth Circuit ruling finding the U.S. Air Force had to conduct environmental review over its application to renew a munitions disposal permit, arguing it imposed needless procedural hurdles.

  • June 01, 2026

    Fed. Circ. Affirms Dismissal Of Turkish Steel Duty Challenges

    A Federal Circuit panel affirmed three U.S. International Trade Court rulings that collectively rejected a Turkish company's attempts to escape a duty on Turkish steel, finding on Monday that the company's appeals were broadly unsupported by the statutes it cited.

  • June 01, 2026

    5th Circ. Wary Of Airline's Bid To Void EEOC Harassment Win

    The Fifth Circuit weighed Monday whether to leave in place a $300,000 verdict for the U.S. Equal Employment Opportunity Commission in its sexual harassment case against SkyWest Airlines, as two judges pushed back on some of the airline's arguments for a new trial.

  • June 01, 2026

    Golf Co. Urges 11th Circ. To Sink Shattered Club Suit

    A group of golf equipment companies are urging the Eleventh Circuit to leave dismissed a suit by a college baseball player alleging that a defective golf club shattered while he was using it and injured his hand, saying the trial court rightly found that his expert failed to establish any defect.

  • June 01, 2026

    Fla. Judge Again Loses Bid To Dismiss Ethics Charges

    A Florida judicial panel has for a second time denied a Florida appellate judge's bid to dismiss an ethics case accusing her of attempting to influence lower court proceedings for an incarcerated man formerly on death row.

  • June 01, 2026

    DC Circ. Says Developer Lacks Standing In FAA Airport Row

    The D.C. Circuit tossed a Colorado developer's challenge to Federal Aviation Administration letters warning that proposed housing near a city-operated airport could threaten federal grant obligations, finding the developer lacked standing because it could not show the city would approve the project without the letters.

  • June 01, 2026

    Abortion Protester Denied 2nd Shot At Jury Trial In 4th Circ.

    The Fourth Circuit has decided not to rehear an appeal over whether a South Carolina abortion protestor should be given a new trial after the court previously affirmed his conviction for blocking the doors of a clinic.

  • June 01, 2026

    Justices Won't Take Case Over Ga. Utilities Board Elections

    The U.S. Supreme Court turned down Black Georgia voters' invitation to review the dismissal of their suit claiming that elections for the state's public utilities board are racially gerrymandered, declining Monday to consider their argument that the Eleventh Circuit misapplied high court precedent. 

  • June 01, 2026

    High Court Turns Away Health Workers' Vaccine Mandate Case

    The U.S. Supreme Court declined a bid for review Monday from workers who said a nonprofit healthcare system and Washington state violated their rights by issuing COVID-19 vaccination mandates, leaving in place a Ninth Circuit ruling that said their case didn't pass muster.

  • June 01, 2026

    Justices Won't Hear Challenge To 'Texas Two-Step' Ch. 11

    The U.S. Supreme Court on Monday said it won't hear a challenge by asbestos claimants to the "Texas two-step" bankruptcy of Georgia-Pacific spinoff Bestwall.

  • June 01, 2026

    Justices Skip CareDx's Bid To Revive $45M False Ad Award

    The U.S. Supreme Court on Monday declined to take up a challenge to a Third Circuit decision that wiped out a nearly $45 million false advertising award against Natera Inc., preserving a ruling that said proof of actual consumer deception is required to support damages.

  • June 01, 2026

    Justices Won't Eye Burden Of Notice For Immigration Hearings

    The U.S. Supreme Court said Monday that it won't review a Ninth Circuit decision requiring the federal government to take additional steps to notify noncitizens of immigration hearing dates when their original notices initiating removal proceedings return unread in the mail.

  • May 29, 2026

    5th Circ. Lets Texas Enforce App Age-Check Law

    The Fifth Circuit has temporarily allowed enforcement of a state law that restricts app downloads by age and requires app stores to display age ratings in Texas, lifting a court order blocking the law while an appellate panel considers the litigation on its merits.

  • May 29, 2026

    Fla. Panel Upholds Reduced $4M Car Crash Verdict

    A Florida appeals court Friday affirmed the reduction of a $2 million medical expenses award as part of a $4.7 million verdict in an auto collision case to about $1.3 million, saying the cost of certain future medical procedures was based on speculation rather than sufficient evidence.

Expert Analysis

  • 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.

  • Nielsen Appeal Tests Antitrust Limits Of Pricing And Bundling

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    In Cumulus v. Nielsen, the Second Circuit is considering a structural pattern in which a monopolist exploits upstream market power to foreclose downstream competition, which could potentially offer broad insight into how courts will assess exclusionary bundling and pricing defenses under antitrust law, says Luke Hasskamp at Bona Law.

  • Series

    Judges On AI: How Courts Can Survive The Tech Revolution

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    Colorado Supreme Court Justice Maria Berkenkotter and Colorado Court of Appeals Judge Lino Lipinsky de Orlov discuss how artificial intelligence has already fundamentally altered the legal system and offer tips for courts navigating deepfakes, hallucinations and a gap in access to AI tools.

  • 'Skinny Label' Arguments Spotlight Induced Infringement Risk

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    Recent oral arguments before the U.S. Supreme Court in Hikma Pharmaceuticals v. Amarin Pharma highlight the uncertain boundary between lawful generic competition through so-called skinny labels and induced patent infringement, with potential implications for patent holders’ communication, enforcement and causation strategies across industries, says Anton Hopen at Trenam.

  • A Framework For Habeas Relief After 5th Circ. Bond Ruling

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    Following the Fifth Circuit’s recent Buenrostro-Mendez v. Bondi decision foreclosing statutory bond for detained nonimmigrants not deemed admitted to the U.S., lawyers should adopt a framework that requests habeas relief pursuant to the Fifth Amendment’s due process clause, says Kemal Hepsen at Mandamus Lawyers.

  • 4th Circ. Ruling Will Rewrite Class Action Litigation Strategies

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    The Fourth Circuit's recent decision in Oliver v. Navy Federal Credit Union is the first from a federal circuit court to hold that motions to strike are inappropriate vehicles for challenging class allegations at the pleading stage, invalidating a tactic that had been used for decades, says Jim Francis at Francis Mailman.

  • Startup Founder Disputes Increasingly Turn On Governance

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    Recent Delaware developments suggest that as courts place increasing emphasis on board process, independence and oversight in founder-led startups, the growing intersection of governance, technology risk and investor oversight is accelerating both the emergence and escalation of founder disputes, says mediator Frank Burke.

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