Appellate

  • September 15, 2026

    Texas Justices Push Old Republic On $4M Lien After Explosion

    Texas Supreme Court justices on Tuesday questioned whether Old Republic Insurance Co. had the right to collect $4 million on a subrogation lien from workers who were injured in a plywood mill explosion, suggesting that the statute at hand didn't seem to support the insurer's argument.

  • September 15, 2026

    7th Circ. Debates Federalism, Bad-Faith Prosecution Limits

    A case deemed moot by the Seventh Circuit nonetheless drew commentary Monday from several judges on the court, with four calling an injunction that blocked Florida from pursuing a state court suit over youth gender-affirming care a "grievous blow" to federalism, while others said federal intervention is a "constitutional safety valve" against bad-faith prosecutions.

  • September 15, 2026

    TikTok Pay Scale Suit On Pause Pending Wash. Appeal

    A Washington state court has extended a stay in a proposed class action accusing TikTok of omitting salary information from job postings, keeping the case paused while an appeals court considers whether a key provision of the state's pay transparency law applies retroactively.

  • September 15, 2026

    Fed. Circ. Keeps Samsung, Apple Wins Over Alt Browser IP

    The Federal Circuit on Tuesday issued a one-word order backing Patent Trial and Appeal Board decisions that invalidated claims in patents covering ways to access the internet without a browser, declining to take on the patent owner's challenge to the board's obviousness determinations.

  • September 15, 2026

    1st Circ. Suggests Appeal In Drug Rebate Case May Be Moot

    A First Circuit panel raised mootness concerns as it heard arguments Tuesday from drug companies appealing a ruling that prevented them from intervening in a now-dismissed case to defend a rebate model for a federal drug-pricing program. 

  • September 15, 2026

    Springsteen Beats Compensation Suit Over Album Cover

    A New Jersey appellate court on Tuesday affirmed an order dismissing a suit from the estate of a classic car collector against Bruce Springsteen over compensation from use of a 1967 Pontiac GTO on an album cover, saying it was "abundantly clear" that all elements of hearsay were present to sink the case's only evidence against the musician.

  • September 15, 2026

    Charter Tells Panel It Fired Worker Over Pot Use, Not PTSD

    Charter Communications denied firing a Connecticut employee over her post-traumatic stress disorder and argued before an appellate panel Tuesday that even if she had established a proper record of her diagnosis, she still would have been terminated on a "reasonable suspicion" that she had worked under the influence of marijuana.

  • September 15, 2026

    Colo. Justices OK Updated Model Jury Instructions

    The Colorado Supreme Court has ruled that the state's updated model jury instructions defining reasonable doubt in criminal trials are constitutional and do not lower the bar for proving a defendant's guilt, finding a typical juror would not be confused by the new language.

  • September 15, 2026

    Tax Court Can't Override Insurance Regulators, 5th Circ. Told

    The U.S. Tax Court incorrectly overstepped state insurance regulators in holding that an ophthalmology practice's microcaptive insurance arrangements lacked economic substance, an eye doctor and his wife told the Fifth Circuit in asking for a reversal of the ruling.

  • September 15, 2026

    Justices Asked To Resolve Cannabis Dormant Commerce Split

    A California litigator's campaign of lawsuits alleging that state and local cannabis regulatory regimes violate the U.S. Constitution's dormant commerce clause has culminated in a petition for a writ of certiorari which appeared on the U.S. Supreme Court's docket Tuesday.

  • September 15, 2026

    9th Circ. Backs Tribe In Casino Fight, Questions Joinder Rule

    A Ninth Circuit panel has rejected a group of Anchorage, Alaska, residents' appeal to undo an order finding the Native Village of Eklutna immune from their lawsuit seeking to block a casino development, with two judges expressing some doubt over a tribe's ability to be joined in a lawsuit.

  • September 15, 2026

    Del. ACLU Urges Justices To Uphold Saul Ewing Bill Ruling

    The American Civil Liberties Union of Delaware has asked the state's high court to affirm a ruling allowing it to obtain Saul Ewing LLP invoices for work on a federal lawsuit over prison medical care, saying a trial court correctly ruled the firm's billing should be disclosed.

  • September 15, 2026

    1st Circ. Presses Amex On Merchant Arbitration Rule Change

    A First Circuit panel on Tuesday pushed back on assertions by American Express that unilateral changes to the terms of its merchant agreement did not invalidate it, as a lower court found last year in denying the card issuer's motion to compel arbitration in a dispute over anti-steering rules.

  • September 15, 2026

    No Pause Needed In Daniel's Law Cases, 3rd Circ. Told

    Atlas Data Privacy Corp. urged the Third Circuit to reject a bid to pause discovery in consolidated litigation over New Jersey's judicial privacy law as the appeals court considers a First Amendment challenge to the statute, arguing the defendant data brokers failed to show irreparable harm.

  • September 15, 2026

    Comcast Can't Relitigate Invalidity Issue In Patent Suit

    A Pennsylvania federal judge said Monday that Comcast was attempting to rehash its already-rejected argument that a voice recognition technology patent a jury found it infringed was invalid in light of an earlier patent, months after the telecommunications giant was hit with a $240 million infringement verdict.  

  • September 15, 2026

    5th Circ. Backs Toss Of Texas Law Firm's Pandemic Loan Bid

    The Fifth Circuit upheld the U.S. Small Business Administration's denial of a Texas law firm's bid for forgiveness of a Paycheck Protection Program loan of about $249,000 due to the firm's failure to disclose a pending criminal complaint against its owner.

  • September 15, 2026

    Pa. Appellate Panel Scolds Attys In $18.5M Med Mal Case

    Attorneys from Burns White LLC and Philadelphia personal injury firm Bosworth & Associates both got a dressing-down from a Pennsylvania appellate panel over their conduct in a medical malpractice case, though the court upheld the $18.5 million jury verdict for the plaintiff.

  • September 15, 2026

    4th Circ. Appears Split On Reviving Comey, James Indictments

    Partisan splits were apparent Tuesday on the Fourth Circuit panel hearing the Trump administration's challenge to a federal district judge's dismissal of the indictments of former FBI Director James Comey and New York Attorney General Letitia James, with two of the three judges appearing to agree an improper appointment doomed the cases.

  • September 15, 2026

    Justices Urged To Leave Global Copyright Ruling Intact

    A Louisiana songwriter has asked the U.S. Supreme Court not to touch a ruling that allowed him to recover worldwide rights to the 1960s hit song "Double Shot (Of My Baby's Love)," saying a group of music companies had rushed the issue to the justices when only a single circuit court had weighed in.

  • September 15, 2026

    AIG Can Depose Former Texas Fraud Chief In Conduent Trial

    AIG can depose the former chief of the Civil Medicaid Fraud Division of the Texas Attorney General's Office as part of a trial to determine if the $236 million Medicaid settlement between the office and Conduent State Healthcare LLC was the result of fraud, a Delaware state court ruled.

  • September 15, 2026

    Empery Digital Loses Bid To Appeal Proxy Fight Ruling In Del.

    The Delaware Chancery Court has refused to let digital asset company Empery immediately appeal a ruling requiring it to put an activist investor's director slate on the ballot, finding the post-trial decision did not raise a novel legal issue warranting review before final judgment in the case.

  • September 14, 2026

    DOD's HIV-Positive Enlistee Ban Is 'Irrational,' 4th Circ. Told

    An attorney for people barred from joining the military for being HIV-positive called the policy irrational at a Monday en banc hearing at the Fourth Circuit, as some judges asked why they should scuttle that policy and overstep deference normally afforded to military leaders.

  • September 14, 2026

    5th Circ. Frees Ericsson Insurers In Terrorism Funding Row

    The Fifth Circuit found that multiple insurers have no duty to defend Ericsson Inc. against claims the company funded foreign terrorist organizations, saying that the suit brought by two groups of American victims of terrorist attacks alleged the company committed grave harm.

  • September 14, 2026

    7th Circ. Questions Union's Bid To Picket On Casino Sidewalk

    The Seventh Circuit seemed skeptical Monday of a Teamsters local's bid to picket on sidewalks outside a Caesars-owned casino as hundreds of employees work to unionize, suggesting the property seems too private to let the bargaining unit engage in its otherwise constitutionally protected activity.

  • September 14, 2026

    Fed. Circ. Saves Broadcom IP Suit, Says License Was Intact

    The Federal Circuit on Monday breathed new life into a company's patent and copyright infringement case against Broadcom Inc., saying in a precedential opinion that the plaintiff company didn't lose its right to bring the action when it switched its business to intellectual property enforcement.

Expert Analysis

  • 2nd Circ. Ruling Lays Out Administrative Right-Of-Access Blueprint

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    In Civil Rights Corps v. LaSalle, the Second Circuit recently held that the First Amendment dictates a presumptive right of access to sealed attorney grievance proceedings, providing a framework for challenging other administrative regimes that operate behind closed doors, says Jonathan Ginsberg at Carlton Fields.

  • How 'Swap' Fight Underpins Prediction Market Enforcement

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    As courts around the country grapple with whether, and under what circumstances, event contracts qualify as swaps, federal enforcement authority hangs in the balance, with implications for companies that need to manage compliance risks during this period of legal uncertainty, say attorneys at Debevoise.

  • Fed. Circ. Dental IP Ruling Reinforces Prior Art Framework

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    The Federal Circuit's recent decision in Dental Monitoring v. Align Technology reaffirms the necessity of substantive written description support for establishing an earlier effective prior art date under the America Invents Act, and aligns Patent Trial and Appeal Board practice with district court litigation, say attorneys at Morgan Lewis.

  • Justices' Hikma Reasoning May Extend Well Beyond Pharma

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    The active steps framework announced by the U.S. Supreme Court in its Hikma v. Amarin decision, finding that Amarin failed to plausibly allege inducement of infringement, has the potential to reshape how courts evaluate inducement claims across patent, copyright and other doctrines, say attorneys at BCLP.

  • 10th Circ. Ruling Propels Emerging 'Occurrence' Consensus

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    The Tenth Circuit recently revived the Church of Jesus Christ of Latter-day Saints' bid for insurance coverage in a sexual abuse case, continuing a trend as the second circuit court to find that, where ambiguous, the definition of "occurrence" must be interpreted in favor of coverage, say attorneys at Anderson Kill.

  • The State Of Prediction Market Litigation After 9th Circ. Ruling

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    The Ninth Circuit's recent decision in Kalshi v. Assad gives state regulators significant appellate backing to enforce state gaming laws over prediction markets, creating a direct split with the Third Circuit that will likely lead to Supreme Court review of the question, say attorneys at Arnold & Porter.

  • 11th Circ. FCA Qui Tam Revival Queues Up Next Challenges

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    Though the Eleventh Circuit on Sept. 1 upheld the constitutionality of the False Claims Act's qui tam provision, it will probably face continued litigation since the appellate court declined to rule on other constitutional challenges and the decision will likely be petitioned to the U.S. Supreme Court, say attorneys at Sheppard.

  • Series

    Ballet Makes Me A Better Lawyer

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    A lifetime of learning and performing ballet taught me that success — whether in dance or practicing law — comes only through hours of thorough preparation, boundless energy and relentless effort, says Sharon Katz-Pearlman at Greenberg Traurig.

  • Rejection Of NLRB Successor Bar Renews An Employer Tool

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    Although the D.C. Circuit's recent ruling in Hospital Menonita v. National Labor Relations Board does not allow purchasers to disregard incumbent unions, employers acquiring a unionized business have regained a tool to challenge a union's majority support, say attorneys at Bass Berry.

  • NY Ethics Opinion Warns Attys On Qui Tam Deception

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    A recent New York State Bar Association ethics opinion cautions that counsel representing whistleblowers may not induce, supervise or facilitate a client's deceptive prefiling investigations, creating a potential vulnerability for qui tam complaints built on questionable evidence-gathering methods, say attorneys at Sidley.

  • Pa. Anti-SLAPP Ruling Shows Risks Of Atty Defamation Suits

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    A Pennsylvania federal court’s recent Lento Law Group v. Estrada ruling addressed an unsettled question about mandatory fee-shifting provisions in the state’s anti-SLAPP law — and illustrates why attorneys should think twice before suing former clients over negative online reviews, say attorneys at Pietragallo Gordon.

  • 9th Circ. 'Bad Spaniels' Ruling Rewrites TM Dilution Playbook

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    The Ninth Circuit’s recent ruling that each element of the Jack Daniel's packaging parodied by the Bad Spaniels dog toy must be independently assessed for fame narrows trademark owners' ability to use a flagship mark's halo effect to protect the entire brand from tarnishment, say attorneys at Reed Smith.

  • Fed. Circ. In July: Meeting The Enablement Requirement

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    The Federal Circuit's decision in Wyeth v. AstraZeneca last month exemplifies when a generalized conception of an invention is insufficient to enable the full scope of asserted patent infringement claims, and may lead to more enablement challenges, say attorneys at Knobbe Martens.

  • Calif. Ruling Opens Del. Cos. Up To Stockholder Inspection

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    A California appellate court's recent decision in Salamon v. Orchid Global underscores that despite last year's amendments to the Delaware General Corporation Law, Delaware companies with principal operations in California remain subject to California's broader and more stockholder-protective inspection regime, say attorneys at Sheppard.

  • What 9th Circ. Devas Ruling Means For AI Infrastructure Deals

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    The Ninth Circuit's recent confirmation of a $2 billion arbitration award in Devas Multimedia's arbitration against a state-owned commercial arm of India’s space agency creates a cross-border enforcement road map for disputes that are bound to arise from the current generation of artificial intelligence infrastructure deals, says Fernanda Merouco at Davis Wright.

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