Appellate

  • October 30, 2026

    EssilorLuxottica Keeps Eyewear Antitrust Win At 2nd Circ.

    The Second Circuit on Friday declined to revive a proposed class action in consolidated litigation accusing French-Italian firm EssilorLuxottica SA of monopolizing the U.S. consumer eyewear market, agreeing with the trial court that the indirect purchasers have not plausibly alleged a "premium eyewear market."

  • October 30, 2026

    Fed. Judge A No-Show Amid Inquiry Into Her Mental Health

    U.S. District Judge Ada Brown of the Northern District of Texas failed to appear Friday before a judicial investigative committee examining allegations that she abandoned her post and concerns that a mental condition may be interfering with her ability to perform her duties.

  • October 30, 2026

    Fla. Chief Justice Seeks To Hold Seat Amid Calls For Removal

    Justice Carlos Muñiz is looking to hold his seat on the Florida Supreme Court on Tuesday in his second merit retention election, despite calls by editorial boards around the state to push him off the bench.

  • October 30, 2026

    Split 9th Circ. Won't Let Feds Set Aside 20K Calif. Ballots

    A split Ninth Circuit panel on Friday denied the Trump administration's request for an order requiring California to set aside some 20,000 mail-in ballots it claims were sent to suspected noncitizens, saying the government hadn't shown that "such extraordinary relief, during an ongoing election, is clearly required by law."

  • October 30, 2026

    'Why Would I Deceive You?': Fact-Checking The Holmes Doc

    With former Theranos CEO Elizabeth Holmes' criminal case receiving renewed attention following the recent release of Nathan Fielder and Lance Oppenheim's documentary "You Can See Everything," Law360 answers questions about Holmes' 2022 securities fraud conviction and fact-checks some of the documentary's most talked-about moments.

  • October 30, 2026

    Custodia Urges High Court To Curb Fed 'Tyranny'

    Custodia Bank again urged the U.S. Supreme Court to review a Tenth Circuit ruling allowing regional Federal Reserve banks to deny eligible banks master accounts, saying only the high court can "put an end to the Fed's tyranny over financial innovation."

  • October 30, 2026

    Amazon Aims For Quick Appeal Of Partial Antitrust Class Cert.

    Amazon is seeking permission from the Ninth Circuit to immediately appeal a Washington federal judge's decision partly granting a group of online shoppers' class certification bid in an antitrust lawsuit alleging its vendor pricing policies inflated prices on Walmart and eBay's online marketplaces, according to a recent docket entry. 

  • October 30, 2026

    6th Circ. Backs Gun Ban For Mentally Incompetent People

    A man who law enforcement believes was planning an attack on Fort Knox, Kentucky, can be disarmed without violating his Second Amendment rights, because there is a historical tradition of not allowing people with a mental illness to own firearms, the Sixth Circuit has ruled.

  • October 30, 2026

    What To Know About The North Carolina Supreme Court Race

    The race for one seat on the North Carolina Supreme Court pits a Democratic incumbent looking to safeguard the party's dwindling faction on the court against a former Republican state representative who could increase the GOP's stronghold on the Tar Heel State's often contentious highest bench.

  • October 30, 2026

    Mich. High Court OKs Counting Ballots With Stub Errors

    With Election Day less than a week away, the Michigan Supreme Court denied a bid by the Republican National Committee to review a state appellate court opinion signing off on the state's procedure for counting absentee ballots with missing tabs or with numbers that do not match the number on their secrecy sleeves.

  • October 30, 2026

    9th Circ. Backs Meta In Publisher's Appeal Over Account Ban

    The Ninth Circuit Friday affirmed a lower court's dismissal of a Canadian news site's claim that Meta breached their agreement when it canceled the site's Facebook account, finding that Meta was acting in its capacity as a publisher and is therefore shielded by Section 230 of the Communications Decency Act.

  • October 30, 2026

    Colo. Justices Keep Graduated Income Tax Measure On Ballot

    The Colorado Supreme Court Friday affirmed the dismissal of a man's complaint seeking to have an initiative to raise taxes on the state's wealthiest residents removed from the ballot due to some petition entities not registering their circulators properly with the state.

  • October 30, 2026

    NY Pot Business Program Not Preempted By CSA, Court Says

    A New York state appeals court ended a lawsuit by a group of anti-cannabis activists that challenged state funding for recreational marijuana dispensary buildouts, ruling the funding doesn't conflict with federal drug law.

  • October 30, 2026

    2nd Circ. Rejects Reed Smith's Bid To Halt File Turnover

    The Second Circuit denied Reed Smith LLP's emergency stay request to pause lower court decisions requiring it to turn over client files related to shipping company Eletson on Friday, saying in a succinct order the same day that the bid didn't meet requirements outlined by the U.S. Supreme Court.

  • October 30, 2026

    2nd Circ. To Hear CFTC At Kalshi, Conn. Oral Arguments

    The Second Circuit on Friday said it would permit the U.S. Commodity Futures Trading Commission to share its views on prediction market regulation at upcoming oral arguments between Kalshi and Connecticut regulators.

  • October 30, 2026

    Kalshi Taps Clement For High Court Sports Contracts Fight

    Kalshi has hired appellate heavyweight Paul D. Clement of Clement & Murphy PLLC to represent the company in its potential U.S. Supreme Court battle over whether the prediction markets platform's sports wagering is subject to state or federal oversight.

  • October 30, 2026

    9th Circ. Revives NFL Sunday Ticket Antitrust Verdict

    The Ninth Circuit ruled Friday that a lower court was wrong to scrap a $4.7 billion jury verdict against the National Football League in a class action over the price of its Sunday Ticket broadcast package, but ordered a new trial on the damages.

  • October 30, 2026

    Pa. Justices Nix Damages For CEO Who Was Paid Late

    The Pennsylvania Supreme Court has ruled an employee can't sue an employer for liquidated damages stemming from unpaid wages if those wages were paid before the lawsuit was filed, even if the payday came late.

  • October 30, 2026

    Seed-Drill Patent Dispute Sent Back To PTAB By Fed. Circ.

    The Federal Circuit on Friday vacated a Patent Trial and Appeal Board decision finding that agricultural services firm Precision Planting LLC had not shown that a patent covering seed drills was obvious.

  • October 30, 2026

    Fed. Circ. Backs Sonos In Google Encryption Patent Fight

    The Federal Circuit on Friday said it won't reinstate Google's allegations that Sonos infringed a wireless technology patent, agreeing with how a California federal judge interpreted key language in the patent when looking at two of the search engine giant's infringement theories.

  • October 30, 2026

    Up Next At High Court: Religious Liberty & Unpled Defenses

    The U.S. Supreme Court will begin its November sitting by hearing oral arguments in a case challenging the constitutionality of Colorado's universal preschool program and a dispute asking the justices to settle a circuit split over whether defendants in civil lawsuits can seek summary judgment based on unpled affirmative defenses.

  • October 30, 2026

    Google Search Judge 'Increasingly Concerned' By Fix Delays

    Nearly a year after issuing his final mandates ordering Google to prop up search engine rivals with data and syndicated search results, a D.C. federal judge expressed concern during a hearing Friday that the process of readying the monopolization fixes won by the U.S. Department of Justice continues to drag on.

  • October 30, 2026

    4th Circ. Probes Class Cert. In Utility Group 401(k) Fee Suit

    The Fourth Circuit on Friday wrestled with an electric utility trade group's bid to undo class certification of a suit alleging excessive fees were charged to a 401(k) plan comprising workers from hundreds of employers, weighing the impact of recent precedent that revoked certification in another retirement plan suit.

  • October 30, 2026

    3rd Circ. Judge Notes 'Privilege' Of Voting In Pa. Ballot Fight

    A Third Circuit judge said Thursday that he believed there was "no indefeasible individual right to vote," splitting from his colleagues in an appeal over fee awards in an election case to opine on collective rights, who can enforce them and who benefits from litigation over election rules.

  • October 30, 2026

    Fed. Circ. Upholds BeSang Patent, Keeps Micron Ruling Intact

    The Federal Circuit on Friday affirmed the Patent Trial and Appeal Board's rejection of Micron Technology's and Intel Corp.'s challenges to a BeSang Inc. computer memory patent, but also upheld a ruling that led BeSang to concede Micron doesn't infringe.

Expert Analysis

  • Class Actions At The Circuit Courts: September Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six recent rulings involving pecuniary loss in false price comparison advertising, privity in an insurance fee class, antitrust standing, immigration class representatives, retirement beneficiary class commonality, and Rule 23(f) appeals in Fair Labor Standards Act claims.

  • Florida Condo Ruling Offers Tips For Contractor Lien Disputes

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    A recent Florida appellate decision, holding condo owners may challenge liens placed on their units, despite not being party to the underlying disputed agreement their association struck with contractors, offers lessons on lien enforcement to both contractors and condo owners, say attorneys at Adams & Reese.

  • BIA Ruling Could Make Immigration Bond A Catch-22

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    A recent Board of Immigration Appeals decision refining the way immigration judges assess flight risk, when read broadly, could create a circular rule under which a noncitizen can be treated as a flight risk because they have too few ties to the U.S., but also because they have too many, says Georgianna Pisano Goetz at the National Immigrant Justice Center.

  • 8th Circ. Ruling Raises Bar For Seeking Disability Benefits

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    The Eighth Circuit's recent ruling in Post v. Bisignano signals that claimants seeking Social Security disability benefits may need to offer convincing proof of functional restrictions beyond their treating doctors' opinions and illustrates that the court's proclaimant jurisprudence no longer prevails, says Mark DeBofsky at DeBofsky Law.

  • Series

    Playing Bid Whist Makes Me A Better Lawyer

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    As a child, I viewed bid whist as a family tradition and a source of friendly card game competition, but as a lawyer, I see it as a tool that has helped me cultivate skills like communication, teamwork, risk assessment and composure, says Keyonn Pope at Riley Safer.

  • Teva, Wyeth Show How Claimed Advances Shape Enablement

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    Two recent Federal Circuit decisions involving method-of-treatment claims — Teva v. Eli Lilly and Wyeth v. AstraZeneca — reached opposite enablement outcomes from strikingly similar procedural postures, but a closer comparison of the cases reveals a three-step framework for understanding the court's reasoning, says Kendall Gurule at Polsinelli.

  • Opinion

    Calif. Bill Goes Too Far In Trying To Regulate Attorney AI Use

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    California’s first-in-the-nation act regulating how attorneys and arbitrators use generative artificial intelligence will likely soon become law, but read broadly, the provisions may dissuade lawyers from employing AI at all, thereby depriving them of key work tools, says Joshua Wurtzel at Schlam Stone.

  • Wis. Coverage Ruling Rejects Strict Ensuing Loss Test

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    In Cincinnati Insurance v. Ropicky, the Wisconsin Supreme Court recently examined the relationship between an insurance policy's construction defect exclusion and ensuing loss exception, providing policyholders support in claiming that an additional cause may produce covered damage despite an excluded condition being part of the loss sequence, says Alexander Hopkins at SDV Fenchurch.

  • The Preemption Gap In Prediction Market High Court Petitions

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    The Supreme Court is considering three certiorari petitions following a split in prediction market litigation between the Third and Ninth circuits, but one of the petitions would not allow the court to reach the express preemption question, which would leave the dispute half-resolved, says Jordan Garman at Withers.

  • 5th Circ. Embedding Decision Could Recast Copyright Claims

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    The Fifth Circuit's decision in Emmerich v. Particle Media addresses decades of ambiguity surrounding whether embedded content can constitute copyright infringement, potentially affecting how defense counsel fight against such claims, say attorneys at Greenberg Glusker.

  • A Texas Ruling May Offer Guidance On Freight Broker Liability

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    The U.S. Supreme Court's decision in Montgomery v. Caribe Transport removed federal preemption defenses to freight broker negligent-selection claims, and a July verdict in Texas against C.H. Robinson raised further questions about how brokers can achieve compliance — but another recent Texas decision involving Home Depot may offer some answers, say attorneys at Baker Donelson.

  • 9th Circ. Ruling Raises Bar For Arbitration Pacts Via Email

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    The Ninth Circuit's recent holding in Rickes v. Thermo Fisher that the mere delivery of an email doesn't establish an employee's assent to the arbitration agreement underscores that rollout processes should both give employees notice of the agreement and create evidence of their assent, say attorneys at Sullivan & Cromwell.

  • Opinion

    Fed. Circ. Should Redefine Functionality In Design Patents

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    The Federal Circuit should establish a framework for identifying the relevant article of manufacture to which functionality analysis applies, in order to enhance doctrinal clarity and better reflect the statutory foundations of design patent law, say attorneys at Knobbe Martens.

  • 9th Circ. Ruling Marks New Chapter In Risk Factor Tug-Of-War

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    The Ninth Circuit's recent dismissal of a securities fraud class action against SunPower is the latest in a growing line of cases addressing whether, if ever, a company's risk factor disclosures can give rise to potential liability, an area where the law remains unsettled, say attorneys at Alston & Bird.

  • Where AI Patent Risk Begins And How Records Can Help

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    The Federal Circuit's recent decision in Dental Monitoring v. Align highlights the importance of documenting how artificial intelligence-assisted inventions work, and how humans contributed, as such records can support inventorship, written description, eligibility and definiteness requirements, say attorneys at Sterne Kessler.

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