Appellate

  • June 04, 2026

    Supreme Court Shuts Down 'Skinny Label' Drug Patent Suit

    The U.S. Supreme Court on Thursday ended a patent suit over Hikma Pharmaceuticals USA Inc.'s generic version of a heart drug that uses a so-called skinny label, saying Amarin Pharma Inc. had not plausibly alleged that Hikma encouraged healthcare providers to infringe its patents.

  • June 04, 2026

    SEC Disgorgement Powers Stay Intact After High Court Fight

    The U.S. Supreme Court on Thursday said that the U.S. Securities and Exchange Commission could collect ill-gotten gains from alleged fraudsters without having to identify victims who were financially harmed by the fraud, declining to place further limits on the agency's disgorgement powers six years after it last did so.

  • June 03, 2026

    Balwani Takes Theranos Conviction Challenge To Justices

    Former Theranos executive Ramesh "Sunny" Balwani is asking the U.S. Supreme Court to review his criminal fraud conviction and nearly 13-year prison sentence, arguing that the Ninth Circuit used the wrong review doctrine in rejecting his argument that prosecutors had failed to correct allegedly false testimony given by investor victims.

  • June 03, 2026

    Silencer Registration Rules Are Constitutional, 9th Circ. Says

    The Ninth Circuit on Wednesday affirmed a Brazilian man's convictions in Washington state for having multiple guns, ammunition and an unregistered silencer, rejecting his argument that silencers are protected "arms" under the Second Amendment.

  • June 03, 2026

    Fla. Panel Backs 6-Person Jury In Child Sex Abuse Case

    A man sentenced to life in prison for sexually abusing a child under 12 was not entitled to a 12-person jury, a Florida state appeals court ruled Wednesday, finding that since he was not facing the death penalty, his case was not a capital case, nor were his constitutional rights violated.

  • June 03, 2026

    Fed. Circ. Says Air Force Needn't Cover Co.'s Unpaid Costs

    The U.S. Air Force isn't obligated to compensate a subcontractor for over $8 million in unpaid expenses the company said it incurred because of the prime contractor's bankruptcy, the Federal Circuit ruled Wednesday, examining the parties' payment arrangement.

  • June 03, 2026

    Schneider Fights $47M Verdict In Ga. Crash Death Appeal

    A Georgia appeals court considered Wednesday whether a freight company and one of its drivers' inability to cross-examine a former defendant turned key witness justified overturning the $47 million verdict against them in a case brought by a woman whose husband was killed in a 2017 crash.

  • June 03, 2026

    Fla. Panel Finds Health Co. Owner Tricked Customers

    A Florida appellate court on Wednesday reversed an order clearing a health company owner of liability in a deceptive business practices case, saying the lower court wrongly found prosecutors hadn't met their burden of proof despite evidence at trial showing misconduct involving fraud. 

  • June 03, 2026

    The Plaintiffs Atty Now 5-0 At High Court With No Dissents

    It's true that Jennifer Bennett is undefeated at the U.S. Supreme Court, but it's also an understatement. Bennett's five wins, including two recent ones, were all unanimous decisions. They showed that the plaintiffs bar can still persuade a conservative supermajority. And they turned the tide after a spree of decisions keeping workers and consumers out of court.

  • June 03, 2026

    Ga. High Court Orders Speedy Trial Motion Redo

    The Georgia Supreme Court is giving a man accused of malice murder a second chance at having his conviction overturned after they found he was unfairly denied an opportunity to argue that he was denied his right to a speedy trial.

  • June 03, 2026

    9th Circ. Suspends 2 Attys For 6 Months Over AI Hallucinations

    The Ninth Circuit on Wednesday temporarily suspended two California immigration attorneys from practicing before the appellate court for filing briefs in a deportation relief case containing artificial intelligence-generated hallucinations, finding no excuse for their "extraordinary confession" of not vetting citations used by unlicensed brief writers.

  • June 03, 2026

    Conrail Freed From Bridge Work Order Vexed By Missing Comma

    A Pennsylvania appellate court on Wednesday vacated a state agency order that assigned responsibility for inspecting and maintaining the drainage system on a Philadelphia railroad bridge to Consolidated Rail Corp., rejecting an interpretation that relied on the omission of a comma in a 60-year-old regulatory directive.

  • June 03, 2026

    Okla. DAs' Tribal Jurisdiction Fight Paused Amid Appeal

    A federal district court judge has stayed a jurisdictional challenge against two Oklahoma district attorneys by the federal government and three tribal nations until another dispute with a Tulsa County prosecutor is resolved in the Tenth Circuit, saying both parties' arguments weighed strongly in favor of the pause.

  • June 03, 2026

    Iconic Lamp Design Isn't MillerKnoll's, 6th Circ. Told

    Counsel for the family of the late designer George Nelson told a Sixth Circuit panel Wednesday that a lower court decision awarding intellectual property rights for his iconic bubble lamp to furniture company MillerKnoll was based on a faulty interpretation of a 2015 contract amendment and should be overturned.

  • June 03, 2026

    Fla. Public Employers Can Close Arb. Hearings, Court Says

    Public-sector employers in Florida don't have to let people observe arbitration hearings in labor-management disputes, a Florida appeals court ruled Wednesday, reversing a trial court's finding that state law requires these hearings to be open to the public.

  • June 03, 2026

    Ga. High Court Ends COVID Execution Pause Agreement

    Georgia can move forward with the executions of a number of incarcerated people on death row, with the state's highest court finding it made good on an agreement to pause the practice during the COVID-19 pandemic.

  • June 03, 2026

    Mich. Panel Rejects Candidate Filing Challenges

    A Michigan appeals panel upheld the dismissal of lawsuits challenging Secretary of State Jocelyn Benson's rules for candidate filing affidavits, ruling that the state had the authority to set deadlines and procedures for handling challenges to those filings.

  • June 03, 2026

    Tech Industry Groups Back Apple High Court Bid In Epic Case

    Several technology industry groups threw their support behind Apple Inc. on Wednesday, telling the U.S. Supreme Court an injunction issued in a case brought by Epic Games Inc. tries to alter the service Apple provides to millions of developers based on complaints from a single company.

  • June 03, 2026

    Fla. Court Rejects Challenge To Gambling Permit Revocation

    A Florida appeals court on Wednesday refused to revive a former greyhound track's challenge to a law allowing the state to revoke pari-mutuel wagering permits from inactive businesses, rejecting the dog track's arguments that the law is unconstitutional.

  • June 03, 2026

    5th Circ. Says ChampionX Lacks Rights Under Spill Policy

    A Fifth Circuit panel on Tuesday affirmed a decision finding that ChampionX Corp. lacked the contractual standing to sue insurers for coverage of a $40 million oil spill lawsuit involving one of its subsidiaries, but gave the company a chance to add parties to its complaint in the lower court. 

  • June 03, 2026

    Court Reporter Shortage A 'Crisis,' Calif. Supreme Court Told

    Two legal nonprofits urged the California Supreme Court to issue an order entitling low-income civil litigants to electronic recording if a live court reporter is not available, saying at a hearing Wednesday that a court reporter shortage in the Golden State has created a "crisis."

  • June 03, 2026

    Lin Wood Pushes To Erase $11M Trial Win For Ex-Partners

    Former prominent conservative litigator L. Lin Wood is urging the Georgia Court of Appeals to overturn a roughly $11 million award that an Atlanta jury determined he owes his ex-law partners relating to the 2020 breakup of their firm.

  • June 03, 2026

    Sport Court Backs Mexican Fines Over Anti-Gay Soccer Chant

    The international Court of Arbitration for Sport has upheld $177,440 in fines imposed by FIFA's Disciplinary Commission against the Mexican Football Federation, saying it's the correct sanction after fans chanted a homophobic slur during several soccer games in 2024.

  • June 03, 2026

    OXEA's $8M Policy Covers Toxic Gas Exposure, 5th Circ. Told 

    The Fifth Circuit on Wednesday fielded dueling arguments from OXEA Corp. and insurance policy underwriters on whether the chemical giant is entitled to $8 million in coverage under an environmental pollution policy to cover part of a settlement reached with a contractor's employee who was exposed to carbon monoxide.

  • June 03, 2026

    11th Circ. Revives Cop's Military Service Bias Suit

    The Eleventh Circuit reopened a lawsuit alleging that a Florida city police officer was harassed and demoted because he took time off for military service, holding that the trial court needed to take a closer look at whether the back pay he received was enough to remedy the situation.

Expert Analysis

  • 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.

  • 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.

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