Appellate

  • August 13, 2026

    NJ Takes Labor Peace Pact Fight In Pot Case To 3rd Circ.

    New Jersey cannabis regulators filed a notice Thursday that they would appeal a federal court's recent ruling that a state rule requiring marijuana businesses enter into labor peace agreements with unions in order to secure a license is preempted by federal law.

  • August 13, 2026

    Mich. Panel Says Rape-Shield Rules Don't Apply At Prelims

    A Michigan appellate panel ruled that the procedural requirements of the state's rape-shield law do not apply during preliminary examinations, finding that defendants in criminal sexual conduct cases do not have to file a written motion and offer of proof at that stage before seeking to introduce certain evidence of an accuser's past sexual conduct.

  • August 13, 2026

    3rd Circ. Agrees Exec's Rudeness Can't Uphold Race Bias Suit

    The Third Circuit backed the dismissal of a Black biomedical factory director's race bias suit claiming a safety inspector targeted him with unnecessary audits out of discrimination, finding Thursday that the inspector's prickly personality did not amount to illegal conduct.

  • August 13, 2026

    9th Circ. Won't Revive Hemp Co.'s $2.75M Destruction Suit

    The Ninth Circuit won't reinstate a suit against the city of Tacoma, Washington, by the owner of a hemp company who alleges the city's police department illegally destroyed $2.75 million worth of industrial hemp as illegal cannabis, saying he failed to establish municipal liability.

  • August 13, 2026

    Trump Picks Ex-Arkansas SG, Walmart Lawyer For 8th Circ.

    President Donald Trump has announced that he's looking to elevate Judge Lee Rudofsky of the Eastern District of Arkansas to the U.S. Court of Appeals for the Eighth Circuit.

  • August 12, 2026

    $190K Or $1.9M? Goldstein, DOJ 'At Impasse' Over Forfeiture

    Tom Goldstein and the U.S. Department of Justice aired dramatically divergent views Wednesday of a looming financial penalty for his fraud convictions, with the famed appellate advocate voicing constitutional objections to the DOJ's request for almost $2 million and revealing that prosecutors spurned a far smaller offer.

  • August 12, 2026

    Full 5th Circ. Rejects Planned Parenthood's Immunity Appeal

    The full Fifth Circuit Wednesday tossed an appeal over whether Planned Parenthood is entitled to attorney immunity in a whistleblower suit accusing the organization of improper Medicaid billing, reversing a panel's decision that went in favor of Planned Parenthood.

  • August 12, 2026

    11th Circ. Revives Beef Over Boar's Head Heir Shares

    The Eleventh Circuit on Tuesday vacated a district court's ruling that backed two transfers of Boar's Head Provisions Co. Inc. shares from a co-founder's grandson to his son, saying the lower court made errors in its analysis of the transfers' validity.

  • August 12, 2026

    DC Court Says Firms' Fee Arbitration Pact Wasn't Coerced

    An appeals court has affirmed an arbitral award issuing a Washington, D.C., law firm zero fees in connection with efforts by defense contractor Wye Oak Technology Inc. to enforce a $120 million judgment against Iraq, rejecting the firm's argument that an underlying fee deal was coerced.

  • August 12, 2026

    In 'Close' Call, 7th Circ. Backs FDIC In-House Enforcement

    In what the court called a "close and challenging call," the Seventh Circuit on Wednesday ruled the Federal Deposit Insurance Corp. could use in-house proceedings to adjudicate claims of unsound banking practices, rejecting a former Illinois community bank chairman's contention that such proceedings violate his right to trial by jury.

  • August 12, 2026

    Suit Over Alleged Work Trip Sex Assault Revived

    An Indiana appeals court has revived a workplace rape lawsuit against delivery contractor Catucky Derby Inc., ruling a trial court was wrong to dismiss the employee's claims that the company fostered a drinking culture that led to the owner's brother assaulting a coworker.

  • August 12, 2026

    Panel OKs Bowling Alley's Win In Alcohol Overserving Case

    A Florida appeals court on Wednesday cleared a bowling alley of liability in a suit accusing it of overserving alcohol to a customer who later caused a fatal crash while driving drunk, saying an amended complaint alleging new facts was filed too late.

  • August 12, 2026

    Ariz. Justices Rule Clergy Privilege Is Only For Confessions

    A Phoenix church pastor charged with sexually abusing a child cannot block prosecutors from using a recording of him admitting to the crime, the Arizona Supreme Court ruled Wednesday, saying the recording was not made during a protected religious confession.

  • August 12, 2026

    11th Circ. Backs EPA, Fertilizer Co. In 'Radioactive' Road Case

    The Eleventh Circuit on Wednesday rejected an environmental group's challenge to the U.S. Environmental Protection Agency's decision allowing the construction of a private road with a radioactive byproduct from fertilizer production, finding EPA regulations don't categorically bar such use.

  • August 12, 2026

    9th Circ. Upholds Ex-ITT Students' $12M Loan Fraud Win

    The Ninth Circuit Wednesday affirmed a $12 million judgment to former students of bankrupt for-profit college ITT Education Services Inc., saying their RICO claims against student loan servicers weren't time-barred because evidence showed the students had no way of knowing they were being scammed more than four years before they filed suit.

  • August 12, 2026

    9th Circ. Backs Extradition For Al Qaeda In Iraq-Linked Killings

    The Ninth Circuit said Wednesday that a U.S. citizen can't escape his extradition to Iraq to be tried for the murders of two Iraqi police officers because the killings constitute international terrorism, meaning he is not protected by a political-offense exception to the relevant extradition treaty.

  • August 12, 2026

    10th Circ. Upholds Phone Search In Child Porn Case

    The Tenth Circuit upheld an Oklahoma man's child pornography convictions Wednesday, rejecting his arguments that police unlawfully prolonged a traffic stop and obtained an overly broad warrant to search his cellphone.

  • August 12, 2026

    Apple Gets Brief Pause In App Store Case From High Court

    The U.S. Supreme Court issued a brief stay Wednesday in a case from Epic Games targeting Apple's App Store policies, after the district court refused to put the case on hold while the justices review a contempt order against Apple.

  • August 12, 2026

    1st Circ. Urged Not To Revive Puerto Rico Climate RICO Suit

    Fossil fuel companies have urged the First Circuit to uphold the dismissal of a racketeering and antitrust lawsuit from several Puerto Rico municipalities claiming the companies misrepresented the climate dangers of fossil fuel products in causing a pair of hurricanes.

  • August 12, 2026

    11th Circ. Says Insurer's Appeal Is Moot After Settlement

    The Eleventh Circuit has dismissed Mt. Hawley Insurance Co.'s appeal of a ruling requiring it to defend a subcontractor in a wrongful death lawsuit, saying the settlement of the underlying suit in a Florida state court divested the federal appeals court of jurisdiction.

  • August 12, 2026

    Wheelchair Isn't A 'Vehicle' For DUI Test Consent In PA

    A Pennsylvania appeals court on Wednesday rolled out its finding that a man's wheelchair does not constitute a vehicle and that his use of the device to leave the scene of a car crash did not imply consent for a blood test as part of a DUI investigation.

  • August 12, 2026

    10th Circ. Says NAR Antitrust Suit Came Too Late

    A Tenth Circuit panel found Tuesday that antitrust allegations against listing rules created by the National Association of Realtors are time-barred because the four-year statute of limitations applies to the Utah-based real estate firm's claims.

  • August 12, 2026

    Trump Tells 11th Circ. Sanctions In IRS Case Must Be Paused

    President Donald Trump urged the Eleventh Circuit on Wednesday to halt sanctions imposed by a lower court over an immunity deal that would have given him broad protections from federal tax audits and investigations, arguing he and the government have distinct interests.

  • August 12, 2026

    Squires Tells Fed. Circ. PTAB Made Error In Corteva Decision

    U.S. Patent and Trademark Office Director John Squires has asked the Federal Circuit to intervene in Inari Agriculture's appeal of a Patent Trial and Appeal Board decision upholding a Corteva patent on insect-repellent corn, saying part of the board's decision was wrong.

  • August 12, 2026

    Guo Daughter Asks Justices To Hear $60M Yacht, Escrow Row

    Exiled Chinese businessman Miles Guo's daughter has asked the U.S. Supreme Court to review decisions transferring a yacht that sold for $23 million plus a $37 million escrow fund to her father's Connecticut Chapter 11 estate, saying a Second Circuit ruling conflicts with decisions in several other circuits.

Expert Analysis

  • Patent Eligibility Bulletin: New USPTO Guidance And AI Risks

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    In the second quarter of 2026, the U.S. Patent and Trademark Office updated its subject matter eligibility declarations in line with its increasingly permissive patent eligibility stance, while the Federal Circuit rigorously applied the Alice framework in a decision that highlighted risks facing patent claims that utilize artificial intelligence and machine learning, say attorneys at Banner Witcoff.

  • State Of Insurance: Q2 Notes From Illinois

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    The second quarter of 2026 featured a trio of auto insurance opinions from Illinois' appellate courts, addressing a notice requirement, narrowing insurers' exposure for delayed payment of underinsured motorist claims, and creating a district split on coverage for employee-drivers under employers' policies, says Matthew Fortin at BatesCarey.

  • Why Courts Are Pushing Back On Greenwashing Laws

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    Recent Fourth Circuit and California federal court decisions blocking state greenwashing statutes on First Amendment grounds reveal a tension at the heart of environmental marketing regulation — while states want clarity, courts aren't prepared to let legislatures flatly ban categories of truthful commercial speech, say attorneys at DLA Piper.

  • 11th Circ. Opioid Appeal May Shift Public Nuisance Coverage

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    The Eleventh Circuit's recent ruling certifying to the Florida and Georgia Supreme Courts the question of whether insurers must provide coverage against suits claiming policyholders improperly distributed opioids may ultimately result in a counterbalance to the Delaware line of cases denying coverage for government opioid suits, say attorneys at Pillsbury.

  • Series

    Teaching SEC Investigations Makes Me A Better Lawyer

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    Instructing a law school course on U.S. Securities and Exchange Commission investigations has made me a more thoughtful, deliberate practitioner because it requires me to continually reassess and challenge what I know about securities law enforcement, how I know it and how best to explain it, says David Chase at Miami Law.

  • Monsanto Ruling Bolsters Generic Drug Labeling Preemption

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    The U.S. Supreme Court's recent decision in Monsanto Co. v. Durnell concerns herbicide labeling regulated by the Federal Insecticide, Fungicide, and Rodenticide Act, but also carries weighty implications for preemption of state law labeling claims against drug manufacturers, say Terry Henry and Ann Querns at Blank Rome and Melanie Leney at Aurobindo Pharma.

  • Justices' Tax Sale Ruling Tees Up Auction Fairness Battles

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    The U.S. Supreme Court’s recent decision in Pung v. Isabella County, Michigan, that taxpayers are not entitled to fair market value of real property seized to satisfy a tax debt shifts attention to the fairness of state and local auction procedures, and whether taxpayers claiming surplus proceeds face unwarranted hurdles, say attorneys at Miller Canfield.

  • Why The 2nd Circ. Upheld Beneficial Ownership Blockers

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    The Second Circuit recently held that a properly drafted contractual blocker — which caps an investor's beneficial ownership below 10% and automatically voids any transaction that would breach the cap — shields the investor from Section 16(b) liability, demonstrating that blockers have teeth, say attorneys at Sheppard.

  • Patent Eligibility Reforms Keep Chasing The Wrong Fixes

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    Repeated efforts to create a consistent, predictable patent eligibility standard under Section 101 have centered on replacing judge-made exceptions with new statutory language, but the better fix is to align examination standards with how courts actually apply eligibility doctrine, says former Patent Trial and Appeal Board judge Amee Shah.

  • Opinion

    Qualified Immunity Bill's Reach Goes Beyond Federal Officers

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    The federal Qualified Immunity Abolition Act, introduced earlier this year and described by the bill sponsors as a federal-officer measure, would in actuality reach the entire universe of Section 1983 defendants, a distinction that matters as much to defense counsel as to plaintiffs, says attorney V. James DeSimone.

  • Where The Justices Aligned In Appellate Authority Ruling

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    The real story of the U.S. Supreme Court’s recent ruling in T.M. v. University of Maryland Medical System Corp., finding that a doctrine designed to curtail duplicative litigation prevents federal district courts from reviewing state court decisions, is in how the justices together revisited an obscure, century-old jurisdictional doctrine, says Alex Dimitrief at Zeughauser Group.

  • How High Court Pepsi Case Could Brew TM Strategy Shift

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    The U.S. Supreme Court's forthcoming decision in RiseandShine v. PepsiCo will determine whether a judge or jury decides trademark strength in infringement disputes, which could meaningfully change early-stage motion practice, discovery and what evidence is needed to prove a mark is strong, says Rachel Scobie at Merchant & Gould.

  • State Of Insurance: Q2 Notes From Pennsylvania

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    Todd Leon at Marshall Dennehey highlights notable second-quarter insurance developments in Pennsylvania, including federal court opinions providing guidance on first-party and third-party insurance coverage principles, and a pending bill seeking to regulate health insurers' use of artificial intelligence.

  • High Court, SEC Proposals Set Stage For Further Fund Reform

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    The U.S. Supreme Court's recent decision in FS Credit Opportunities v. Saba Capital Master Fund and the U.S. Securities and Exchange Commission's proposed rulemaking packages aimed at public market reforms provide a constructive backdrop for considering additional innovations to the listed fund structure, say attorneys at Debevoise.

  • Series

    Judges On AI: Examining Administrative, Organizational Uses

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    U.S. District Judge Alan Albright of the Western District of Texas examines how artificial intelligence could transform a court's ability to deal with administrative work and organize materials when preparing for hearings or drafting opinions, thereby affording judges more time to resolve contested issues.

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