Appellate

  • August 04, 2026

    Full 11th Circ. Says Fla. Can Enforce Drag Show Law

    A full panel of Eleventh Circuit judges on Tuesday handed a win to Florida and issued a split opinion vacating an order halting enforcement of a state law prohibiting children at drag shows, finding it wasn't unconstitutionally vague and that the lower court lacked authority to issue a broad injunction.

  • August 04, 2026

    9th Circ. Vacates Amazon's Block On Perplexity AI Bot

    The Ninth Circuit on Tuesday vacated a lower court's preliminary injunction preventing Perplexity's artificial intelligence tool from purchasing items for users on Amazon's platform, saying the online retailer is unlikely to prevail on its claim that the AI tool "accessed" its servers in violation of computer hacking laws.

  • August 04, 2026

    NJ Justices Limit Part Of Child Sex Abuse Law's Retroactivity

    The New Jersey Supreme Court said Tuesday that a 2021 amendment to the Child Sexual Abuse Act that expanded the scope of liability to public schools applies only prospectively, holding that the change was substantial and that its prospective application is confirmed by the plain language of the legislation.

  • August 04, 2026

    Fla. AG Requests Impeachment Probe Into 11th Circ. Judge

    Florida's Attorney General said Monday he is asking Congress to open an impeachment inquiry into U.S. Circuit Judge Nancy Abudu because of work she did before ascending to the Eleventh Circuit bench for the Southern Poverty Law Center.

  • August 04, 2026

    11th Circ. Lets Honeywell Move Pollution Case To Fed. Court

    The Eleventh Circuit said a Georgia city's case against Honeywell International Inc. and The Georgia Power Co. over the alleged pollution of waterways and property does not belong in state court, siding with the companies in their effort to undo a lower court's decision to remand the dispute.

  • August 04, 2026

    Climate Crisis Costs Top $8B In Indian Country, Justices Told

    More than a dozen Indigenous nations, federal Indian law professors and tribal organizations are backing Boulder County, Colorado, in the Supreme Court, telling the justices that climate change has already caused roughly $8 billion in disruptions across Indian Country, yet the federal government provides only $400 million to mitigate them.

  • August 04, 2026

    RJR Urges Fla. Appeals Court To Toss $34M Smoker Verdict

    R.J. Reynolds asked a Florida appeals court Tuesday to undo a $34.5 million verdict for the death of a 38-year-old smoker, arguing the smoker's widow never showed at trial that he relied on allegedly fraudulent statements by the tobacco company about the danger of cigarettes.

  • August 04, 2026

    Fed. Circ. Pulls Plug On Wall Socket Injunction In IP Case

    The Federal Circuit on Tuesday vacated an injunction temporarily blocking a company from selling its wall outlet covers while a patent infringement case proceeds against it, faulting a Florida federal court's interpretation of a pair of key claim terms.

  • August 04, 2026

    8th Circ. Backs Chemical Co. In EEOC Race Bias Lawsuit

    The Eighth Circuit on Tuesday upheld the Equal Employment Opportunity Commission's trial loss in its lawsuit alleging that a chemical company violated civil rights law by failing to prevent racial harassment against a Black employee, ruling that the agency failed to show the jury had relied on flawed jury instructions.

  • August 04, 2026

    6th Circ. Says No Injunction For Ex-Plant Worker Suing Aptiv

    A former plant manager for automotive technology company Aptiv will not have his employment benefits reinstated after he suffered a severe medical crisis and was terminated from his job, a Sixth Circuit panel said Tuesday, affirming a decision by the Ohio federal court.

  • August 04, 2026

    Fed. Circ. Won't Reopen Lidocaine Patch Patent Suit

    The Federal Circuit on Tuesday declined to reinstate a suit accusing Florida pharmaceutical manufacturer Aveva Drug Delivery Systems of infringing a trio of lidocaine patch patents, shooting down arguments that a lower court misinterpreted key patent language.

  • August 04, 2026

    4th Circ. Revives Va. Atty's Immunity Bid In FMLA Firing Suit

    The Fourth Circuit on Tuesday revived a Virginia commonwealth's attorney's qualified immunity bid in a Family and Medical Leave Act firing suit, finding the law did not clearly require him to let an employee fix a disputed medical certification before contacting the provider.

  • August 04, 2026

    Ford Asks 9th Circ. To Revive Lemon Law Fake-Billing Suit

    Ford Motor Co. has asked the Ninth Circuit to revive its racketeering lawsuit accusing three attorneys affiliated with Knight Law Group LLP of orchestrating a massive fraudulent billing scheme, saying First Amendment protections don't immunize the attorneys' underlying conduct in California lemon law litigation against the automaker.

  • August 04, 2026

    Ga. DA's Office Urges Justices To Pass On Ex-Aide's Bias Suit

    The district attorney's office in Fulton County, Georgia, told the U.S. Supreme Court this week that a former aide suing it over alleged racial and sexual bias is relying on a "gotcha-style argument" and urged the court to affirm a decision dismissing the case.

  • August 04, 2026

    Dominican Republic Looks To Nix $44M Award

    The Dominican Republic has urged the D.C. Circuit to overturn a Washington federal court's confirmation of a nearly $44 million arbitral award in favor of billionaire businessman Michael Lee-Chin, arguing the lower court improperly deferred to the arbitral tribunal on threshold questions of arbitrability and allowed enforcement of an award issued without a valid agreement to arbitrate.

  • August 04, 2026

    1st Circ. Panel Splits Over Stay Of Somalia TPS Termination

    The First Circuit urged a Massachusetts federal district court to promptly adjudicate the Trump administration's bid to dissolve an administrative stay delaying its revocation of temporary protected status for Somalia, noting there's a new administrative stay replacing the one on appeal.

  • August 04, 2026

    Approach The Bench: Judge Rakoff Doesn't Hide His Views

    During his decades on the bench, U.S. District Judge Jed Rakoff has witnessed a slew of changes, particularly as technology has brought a rise in cybercrimes, as well as novel questions like whether AI-generated legal advice is privileged. But perhaps the biggest shift was in Rakoff's own views.

  • August 04, 2026

    Cement Group Challenges Hazardous Waste Combustor Rule

    An organization representing the cement industry has asked the D.C. Circuit to review the U.S. Environmental Protection Agency's new technology review rule for hazardous waste combustors, alleging the regulation may run afoul of the Clean Air Act and the Administrative Procedure Act.

  • August 04, 2026

    9th Circ. Tosses Jack Daniel's Win In 'Bad Spaniels' Fight

    The Ninth Circuit on Tuesday overturned the permanent injunction Jack Daniel's secured against VIP Products in their decade-long trademark fight, ruling in a precedential opinion that the whiskey maker failed to prove the poop-themed "Bad Spaniels" dog toy was likely to tarnish its famous marks.

  • August 04, 2026

    Lloyd's Underwriter Beats Ruling To Reopen Unfair Firing Win

    A former Lloyd's syndicate underwriter won his appeal Tuesday against a ruling that his successful unfair dismissal claim should be reconsidered, as the Court of Appeal found a lower appellate tribunal made incorrect findings about his case.

  • August 03, 2026

    9th Circ. Revives Claims Over FDA, USDA 'FODMAP' Labeling

    The Ninth Circuit on Monday partially revived a lawsuit against the U.S. Food and Drug Administration and the U.S. Department of Agriculture over federal regulations restricting food companies from labeling products with information about difficult-to-digest sugars known as "FODMAPs."

  • August 03, 2026

    Deutsche Bank Beats 2nd Circ. Case Over IS Banking Claims

    The Second Circuit Monday upheld the dismissal of a lawsuit accusing Deutsche Bank AG of facilitating the financing of the Islamic State group, saying that the families of three people killed by the terrorist group failed to sufficiently allege that the bank participated in a human trafficking venture.

  • August 03, 2026

    Calif. Justices Back Gilead Over Nondefective Drug Liability

    The California Supreme Court on Monday held that Gilead Sciences Inc. shouldn't face a negligence claim alleging it declined to market a safer HIV drug in order to maximize profits from an older drug with more harmful side effects, rejecting a novel theory that would expose drugmakers to broader liability.

  • August 03, 2026

    Texas Court Backs Aerospace Co. In Fatal Truck Crash Suit

    A Texas appellate court has cleared an aerospace company in a wrongful death lawsuit over a fatal big-rig collision, saying the company did not exercise sufficient control over the trucking companies that transported its cargo to owe a legal duty to the family of one of the crash victims.

  • August 03, 2026

    NJ Panel Affirms Ex-Cop's Conviction In Husband's Killing

    A New Jersey appellate panel on Monday upheld the aggravated manslaughter conviction of a former police officer who fatally shot his husband, finding that any errors related to testimony about alcohol and firearms or jury instructions did not deprive him of a fair trial.

Expert Analysis

  • USPTO-Fed. Circ. Split Complicates Machine Learning Patents

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    The wide chasm between the USPTO's and the Federal Circuit's approach to eligibility for machine learning patents means that patent drafters must avoid functional claiming and specifications if they hope to avoid invalidation of a machine learning patent at the appellate court, says attorney Michael Kiklis.

  • How 9th Circ. 'Shadow Trading' Case May Affect Private Credit

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    Private credit firms should not wait for a result in the Ninth Circuit appeal in U.S. Securities and Exchange Commission v. Panuwat to address material nonpublic information exposure under existing statutes and take steps to ensure their internal policies and surveillance are ready for increased regulatory scrutiny, says Steve Brown at StarCompliance.

  • 4 Cert. Denials Keep Personal Jurisdiction Issues Percolating

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    After the U.S. Supreme Court's decisions in Ford Motor v. Montana and Mallory v. Norfolk Southern Railway expanded limits on personal jurisdiction, the justices' denials this term of four certiorari petitions suggest they are content to let jurisdiction questions brew in lower courts before weighing in, say attorneys at Hunton.

  • Class Actions At The Circuit Courts: July Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings involving wage and hour allegations, medical care for incarcerated individuals, oil and gas royalty payments, and nuisance claims.

  • Flashpoints In Focus: Employer Risk After Trans Sports Ruling

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    Following the U.S. Supreme Court's recent decision in West Virginia v. B.P.J. that allowed states to limit trans women's participation in sports, schools must carefully navigate investigations and religious accommodations, as even lawful athletics policies can lead to employment claims, say attorneys at Seyfarth.

  • Inside Differing State Approaches To Prediction Market Taxes

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    As states adopt divergent approaches to prediction market platforms through both legislation and litigation, and the landscape is anything but settled, the emerging patchwork of state taxes on prediction markets presents novel questions about characterization, preemption and compliance, say attorneys at Holland & Knight.

  • After Wash. Ruling, Paid Claim May Not End Bad Faith Risk

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    In Labeaume v. First National Insurance, a Washington appeals court recently held that the insurer's benefit payment did not preclude the plaintiff's Insurance Fair Conduct Act claim, expanding the scope of the act's cure provision and making claim documentation even more significant, says Rishabh Agny at Clyde & Co.

  • Series

    Being A Singer Makes Me A Better Lawyer

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    Before law school, I spent seven years trying to make it as a professional singer in Los Angeles, and nearly everything I learned about preparation, humility, confidence and more has followed me into my legal practice, says Jessica Caterina at Moses & Singer.

  • Justices' Review Of Atty Fees Could Reshape Pipeline Takings

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    With the U.S. Supreme Court's decision to review Hoffmann v. WBI Energy Transmission, property owners' right to recover attorney fees for appropriations under the Natural Gas Act is at stake, potentially leading to a choice between a depressed land valuation or court costs that could exceed any rewards, says attorney Sophia Holley.

  • How 2nd Circ. Raised The Bar For Pleading Securities Fraud

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    In Huey v. Anavex, the Second Circuit recently appeared to increase the burden on securities fraud plaintiffs in pleading loss causation where no immediate share price decline follows the corrective disclosure, generating new questions that district courts must grapple with, say attorneys at Skadden.

  • Trade Secret Practice Tips From The 1st Half Of 2026

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    Intellectual property attorneys should consider what several significant developments in 2026 thus far mean for how they protect, litigate and value trade secrets, focusing on new state noncompete bans, cases scrutinizing how plaintiffs identify trade secrets and federal rulings on damages doctrines, say attorneys at Faegre Drinker.

  • Yellow Corp. WARN Act Appeal Refines Layoff Guidance

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    A Delaware federal court's recent upholding of a bankruptcy court's disallowance of unions' federal Worker Adjustment and Retraining Notification Act claims against Yellow underscores that fact-specific notices and thoughtful timing are essential for distressed companies implementing layoffs, say attorneys at King & Spalding.

  • High Court Rulings Could Alter Agency Strategy For Cos.

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    The U.S. Supreme Court's recent decisions in Trump v. Slaughter and Trump v. Cook mark major turning points in the law of independent agencies and in how regulated companies should think about federal enforcement, rulemaking and agency-facing strategy, say attorneys at Holtzman Vogel.

  • Opinion

    Justices' Parole Ruling Degrades Green Card Holders' Rights

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    The U.S. Supreme Court’s recent decision in Blanche v. Lau, holding that U.S. Customs and Border Protection officers can parole a returning lawful permanent resident without clear and convincing evidence of a crime, weakens the statutory and practical protections Congress intended, say attorneys at Cyrus D. Mehta & Partners.

  • 3rd Circ. ERISA Ruling Stresses Process Over Perfect Returns

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    The Third Circuit's recent decision in Quest Diagnostics affirms that a sound fiduciary process — not perfect investment returns — defeats Employee Retirement Income Security Act claims, signaling that courts will keep scrutinizing how fiduciaries decide, and sponsors who can show their work should remain protected, say attorneys at Nixon Peabody.

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