Appellate

  • June 04, 2026

    Feds Appeal Trade Court's Emergency Tariff Refund Order

    The federal government has appealed the U.S. Court of International Trade's order requiring refunds on all duties paid under the International Emergency Economic Powers Act after the U.S. Supreme Court struck them down this year, according to filings in the trade court and Federal Circuit.

  • June 04, 2026

    Fed. Circ. Solidifies Google, Oath Wins In Arendi Patent Suits

    The Federal Circuit on Thursday upheld Google LLC and Oath Holdings Inc.'s wins over Arendi SARL's lawsuits that accused them of infringing various data system patents, agreeing with a Delaware federal court that the patents weren't valid to begin with.

  • June 04, 2026

    Pot Business Tells 6th Circ. Mich. City Defied Court Order

    The clerk of a Michigan city intentionally sabotaged a plan to revitalize a deserted shopping center to prevent cannabis businesses from operating there, a real estate company told a Sixth Circuit panel Thursday in hopes of reviving its suit over the delays and setbacks.

  • June 04, 2026

    Wash. Justices Won't Review Card Processor's Tax Refund

    Washington state's high court declined to review a lower court decision finding that the state's tax agency wrongly included fees charged by issuing banks in a credit card processor's gross income calculation.

  • June 04, 2026

    Fed. Circ. Homes In On 'Adherence' In Canvas Duty Appeal

    A Federal Circuit panel considered conflicting interpretations of an antidumping order on artist canvases Thursday as it reviewed whether the U.S. Department of Commerce properly found a company's products to be in scope, focusing questions on what it means for canvases to promote "adherence" of paint.

  • June 04, 2026

    6th Circ. Rejects Scotts Bid To Block P&G Weed Killer

    The Sixth Circuit on Thursday affirmed a lower court's refusal to block Procter & Gamble from selling its Spruce weed killer, holding that Scotts failed to show its Miracle-Gro packaging is distinctive enough to support trade dress claims or that the products are likely to confuse consumers.

  • June 04, 2026

    Blanche's AG Bid Could Face Rocky Path In Senate

    Acting Attorney General Todd Blanche will be tapped for the permanent role, but he might not have a smooth path to confirmation.

  • June 04, 2026

    Ecobee's $11.5M Thermostat IP Trial Loss Erased By Fed. Circ.

    The Federal Circuit on Thursday threw out an $11.5 million award against Ecobee Technologies in a smart thermostat patent infringement suit from Ollnova Technologies, citing problems with the verdict form and how jurors were instructed to look at the patents.

  • June 04, 2026

    Panel Unsure Fraud Suit Against Conn. Atty Was Late

    Connecticut appellate judges suggested Thursday that an attorney may have waived the right to claim a three-year statute of limitations protected her from a client's fraud suit, which resulted in a $27,000 verdict, by failing to correctly raise the issue in a trial court.

  • June 04, 2026

    EPA Unlawfully Delayed Methane Rule, Groups Tell DC Circ.

    Environmental groups told the D.C. Circuit that the U.S. Environmental Protection Agency violated the Clean Air Act by extending without justification compliance deadlines for initiating requirements aimed at reducing methane pollution from the oil and gas sector.

  • June 04, 2026

    Floor Importers Failed To Fight Fight Duty Rate, Fed. Circ. Told

    Importers appealing a U.S. Court of International Trade ruling sustaining revised antidumping duties on Chinese wood flooring missed their opportunity to challenge the rate reached by the government, a U.S. Department of Justice attorney told the Federal Circuit on Thursday.

  • June 04, 2026

    NY AG Must Preserve Cohen Docs In Trump's Civil Fraud Case

    The New York state trial court judge overseeing President Donald Trump's civil fraud case granted his request to preserve notes from private meetings between state litigators and Trump's former attorney Michael Cohen after the key witness said he felt "pressured" to testify.

  • June 04, 2026

    Meta Says 9th Circ. Needn't Revisit Facebook Genocide Ruling

    Meta Platforms Inc. is fighting a petition from two women asking the Ninth Circuit for a full court rehearing of their suit alleging that Facebook's 2009 algorithms contributed to the destruction of their villages during the genocide of Rohingya Muslims in Myanmar, saying the circuit's interpretation of Section 230 of the Communications Decency Act doesn't need revisiting.

  • June 04, 2026

    Justices Say FCC Fines Can Stand Without Jury Trial

    The U.S. Supreme Court upheld the Federal Communications Commission's authority to issue monetary penalties Thursday, knocking down challenges to nearly $200 million in fines against the Big Three wireless carriers for failing to protect consumer data privacy.

  • 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.

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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