Appellate

  • October 28, 2026

    4th Circ. Judge Doubts DOJ Can Be Kicked From FCA Suit

    A Fourth Circuit judge appeared unconvinced Wednesday by an attorney's claim that the U.S. Department of Justice should have been disqualified from representing the federal government in a whistleblower suit brought by a man incarcerated for defrauding the U.S. Department of Defense.

  • October 28, 2026

    9th Circ. Open To Decertifying BofA COVID Fee-Relief Class

    A Ninth Circuit panel appeared open Wednesday to decertifying a class of Bank of America account holders who allege the bank abruptly ended a COVID-19 fee-relief program without notice, with all three judges criticizing the class definition for being overly broad, and two judges suggesting individualized issues predominate.

  • October 28, 2026

    9th Circ. Judge Calls Out Whole Foods For Standing Flip-Flop

    A Ninth Circuit judge confronted Whole Foods on Wednesday for reversing its position in a proposed class action alleging failure to include wage information in job listings, pressing its counsel on why an appellate panel should accept its new standing argument and let the case proceed in federal court instead of Washington state court.

  • October 28, 2026

    Satellite Co. Asks Fla. Court To End $15M Finder's Fee Suit

    A satellite technology company asked a Florida state court on Wednesday to once and for all end a lawsuit alleging it owes $15 million in finder's fees for help with sourcing funders, arguing the complaint was already considered and rejected by federal courts. 

  • October 28, 2026

    7th Circ. Takes Up Ill. Ban On Firearm Silencers

    A Seventh Circuit panel questioned Wednesday whether firearm silencers should be considered part of a constitutionally protected weapon or are merely optional accessories, as gun owners seeking to overturn Illinois' ban argued the devices improve firearms' functionality and protect users from hearing damage.

  • October 28, 2026

    Sportsbooks Say DC Law Bars Bettor Loss Recovery

    Sportsbook operators are urging the D.C. Circuit not to revive a lawsuit challenging the legality of their operations there, arguing the city expressly excluded licensed sports wagering from the statute being invoked to recover losses for bettors.

  • October 28, 2026

    Electronics Maker Says $48.5M Tax Suit Wrongly Tossed

    Electronics manufacturer Flex Ltd. urged the Delaware Supreme Court on Wednesday to revive its bid for a $48.5 million tax distribution from its Nextracker Inc. spinoff, arguing the companies' agreements entitled it to the money, while Nextracker maintained Flex had agreed to bear the tax costs.

  • October 28, 2026

    Versata Wants Ford To Pay Interest Atop Restored $82M Award

    Versata Software Inc. wants a Michigan federal court to tack on at least $37.7 million to a reinstated $82.3 million contract award against Ford Motor Co. and said the court should finalize that win while both sides prepare for a new trade secret damages trial.

  • October 28, 2026

    Fla. Appeals Court Says Porsche Must Face $300M Suit

    A Florida state appeals court Wednesday affirmed a ruling that German automaker Porsche AG must face a $300 million lawsuit brought by The Collection LLC, a Miami luxury car dealership accusing the carmaker of strong-arm tactics by withholding inventory over a disagreement to build a new facility.

  • October 28, 2026

    Split Ohio High Court Says Stalking Defendant Skipped Step

    The Ohio Supreme Court on Wednesday ruled that a pro se litigant who was the subject of a civil stalking protection order failed to correctly preserve his objections to the order, meaning a state appeals court is not required to consider them.

  • October 28, 2026

    Full Fed. Circ. Won't Eye Network IP Ruling In Amazon's Favor

    The full Federal Circuit on Wednesday declined to take up a split panel ruling that let Amazon escape infringement claims stemming from a network patent held by AlterWAN Inc.

  • October 28, 2026

    NJ Municipal Judge Admonished Over Palestinian Attire

    A New Jersey municipal judge was admonished Wednesday by the state supreme court after he admitted his decision to wear pro-Palestine clothing to a judicial training conference fell short of the standards and expectations of his position.

  • October 28, 2026

    6th Circ. Won't Hear Fear-Based Claim Outside Removal Order

    The Sixth Circuit said it lacked jurisdiction to review the denial of a Honduran national's bid to avoid being sent back to Honduras for fear of persecution because he did not directly challenge his final removal order, overturning prior circuit precedent.

  • October 28, 2026

    Celgene Defends Dismissal Of Cancer Drug Antitrust Suit

    Bristol-Myers Squibb Co. and its subsidiary Celgene Corp. urged the Second Circuit to uphold the dismissal of health plans' proposed antitrust class action alleging that the drugmaker fraudulently obtained patents for the cancer drug Pomalyst, saying it properly disclosed materials to the patent office and filed valid patent infringement lawsuits against generic-drug makers. 

  • October 28, 2026

    Wood Smith Beats Suit Over Nixed Atty Defamation Claims

    Wood Smith Henning & Berman LLP has escaped a malpractice suit stemming from an allegedly improperly drafted settlement agreement in an employment dispute, with a California appeals court finding that the agreement did not shield an opposing attorney from an ex-Wood Smith client's defamation claims.

  • October 28, 2026

    4th Circ. Judge Wary Of NC Abortion Drug Law Challenge

    A Fourth Circuit judge on Wednesday sharply questioned the attorney for a physician challenging North Carolina restrictions on the abortion medication mifepristone, citing case law he said treats federal rules as a "floor and not a ceiling" on what states can require.

  • October 28, 2026

    5th Circ. Backs Liberty Mutual Unit In Pileup Coverage Dispute

    A Liberty Mutual unit owes no coverage to contractors for a Texas interstate construction project who are facing lawsuits over a fatal 130-vehicle pileup caused by a historic winter storm, the Fifth Circuit said, finding that the suits did not allege bodily injury arising out of the contractors' work.

  • October 28, 2026

    NY Judges Question Court Agency's Withholding Of Records

    Two judges on a New York state appeals court panel pushed back on arguments by the state's Office of Court Administration that no reports related to investigations of court personnel can be considered final under the state Freedom of Information Law until all proceedings have concluded.

  • October 28, 2026

    5th Circ. Bars Immunity In Texas A&M Wage Retaliation Suit

    Government officials can't use a special legal protection to escape lawsuits accusing them of punishing workers who complain about their pay, the Fifth Circuit found, allowing a former Texas A&M University adviser to pursue her claim that her supervisor fired her over a paycheck dispute.

  • October 27, 2026

    Feds Face Uphill Climb To Set Aside 20K Ballots In Calif.

    A California federal judge indicated Tuesday he'll deny the Trump administration's request for an order requiring California to set aside mail-in ballots for some 20,000 voters the federal government says are "likely" noncitizens, noting that the government can prosecute any illegal voters before California's Dec. 3 ballot cure deadline.

  • October 27, 2026

    At 4th Circ., DOJ Admits But Downplays Goldstein Trial Errors

    The U.S. Department of Justice late Tuesday acknowledged that it confused key statutory terms related to jury instructions at famed appellate advocate Tom Goldstein's criminal trial, while also insisting "the government's mistake here was understandable" and shouldn't upend a jury's guilty verdict.

  • October 27, 2026

    11th Circ. Says Justices' Ruling Unravels Sentence Reduction

    An Eleventh Circuit panel on Tuesday reversed a Florida federal judge's decision to reduce on compassionate-release grounds the 39-year sentence of a man convicted of robbing drug dealers, citing the U.S. Supreme Court's recent opinion in a similar case, Rutherford v. U.S.

  • October 27, 2026

    3 Federal Circuit Clashes To Watch In November

    A high-stakes case that will determine whether the U.S. government should face patent infringement claims over Moderna's COVID-19 vaccines and Labcorp's appeal of a nine-figure patent verdict against it are among the arguments the Federal Circuit will hear in November.

  • October 27, 2026

    10th Circ. Backs Trooper Killer's Violent Crime Charge

    The Tenth Circuit ruled that a man convicted of killing an Oklahoma state trooper nearly 30 years ago cannot have a portion of his conviction dropped, finding Tuesday that under federal law, killing a law enforcement officer in furtherance of a drug offense meets the definition of a crime of violence. 

  • October 27, 2026

    Permit Bill Speeds Up Project Fights With Appeals Court Push

    U.S. Senate permitting legislation could reduce courtroom time for energy project developers by funneling more lawsuits challenging federal agency decisions directly to appeals courts, though attorneys caution that it isn't necessarily a silver bullet for faster litigation results.

Expert Analysis

  • 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.

  • Harvard Morgue Deal Shows Stakes Of Good Faith Immunity

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    Harvard's recent $53 million payment to settle lawsuits concerning body part thefts from its medical school morgue spotlights the state’s Uniform Anatomical Gift Act, which only extends good faith immunity to anatomical donation stakeholders if certain conditions are met, says Christina Strong at Dilworth Paxson.

  • 4 Words In A 1980 Law Could Redraw Bank Lending

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    The Tenth Circuit's interpretation of a single phrase in the Depository Institutions Deregulation and Monetary Control Act could reshape interstate bank lending, requiring banks and fintechs to document loan-making functions, monitor repayment triggers, and reassess true lender and contractual risks, say attorneys at Sheppard.

  • Series

    Law School's Missed Lessons: Cultivating Good Judgment

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    Law schools generally overlook the role that solid judgment skills play in real-world practice, but attorneys can bridge the gap by strengthening their abilities to assess a case’s strengths and weaknesses, develop and execute effective strategies, and provide clear recommendations to clients, says Manny Caixeiro at Venable.

  • New Del. Corp. Law's Technical Tweaks Bring Broad Changes

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    While the new amendments to the Delaware General Corporation Law, which took effect on Aug. 1, appear technical, they have broad implications for wound-down corporations and carry personal exposure for whoever signed the certificate of dissolution, hinting at where entity law is heading next, says Ashwin Ram at Buchalter.

  • 5th Circ. Ruling Hints At Loper Bright's Effect On OSHA Suits

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    The Fifth Circuit's recent decision in Exxon Mobil v. Occupational Safety and Health Review Commission relied on Loper Bright to narrow the scope of illnesses that employers must record, signaling that courts may continue to scrutinize agency assertions that deference is due, say attorneys at Ogletree.

  • Loper Bright Unlikely To Upend DEA Rescheduling Challenges

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    As cannabis industry stakeholders await a U.S. Drug Enforcement Administration ruling on broader cannabis rescheduling, the U.S. Supreme Court's 2024 decision in Loper Bright to eliminate judicial deference to agency decisions should not dramatically affect cannabis rescheduling litigation risk, but it could marginally strengthen proponents' hand if the DEA denies rescheduling, say attorneys at Dentons.

  • Money Transmission Issue Looms For Prediction Markets

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    The circuit split recently created by the Ninth Circuit's ruling in Kalshi v. Assad has implications reaching beyond gaming regulation as, depending on the ultimate characterization of prediction market event contracts, platforms may face differing obligations under federal and state money transmission laws, say attorneys at Manatt.

  • The Deep Split Over Mandatory Detention, And What's Next

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    The government’s mandatory detention policy for noncitizens who entered the U.S. without inspection has led to a spate of decisions this year, with nine circuits rejecting the government's reading of the Immigration and Nationality Act against two that have accepted it, making the issue ripe for U.S. Supreme Court review, says attorney Kemal Hepsen.

  • Intersecting Investigation Risks Loom In Next Congress

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    Taken together, two July D.C. Circuit decisions and a recent U.S. Department of Justice opinion on executive privilege may affect the procedural defenses and privilege protections available to targets of oversight in the upcoming Congress, and companies should begin preparing now, say attorneys at WilmerHale.

  • Vanda Ruling Offers New Guide To Generic Labeling Disputes

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    The D.C. Circuit's recent decision in Vanda Pharmaceuticals v. U.S. Food and Drug Administration is significant for its guidance on when generic-drug labeling remains sufficiently similar to brand labeling and when a difference requires a statutory exception, says Shashank Upadhye at Upadhye Tang.

  • 9th Circ. Comet Ruling Spotlights Trade Secret Proof Burdens

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    The Ninth Circuit’s recent decision to vacate a $40 million verdict awarded to Comet Technologies in its trade secret dispute with XP Power underscores how the burden of proof differs between federal and state law, giving litigants a fresh perspective on several issues, including how a jury should be instructed, say attorneys at Cooley.

  • Attorneys Using AI May Have Ethical Duty To Redact Docs

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    The trajectory of legal ethics guidance in recent years strongly suggests that as redaction technology becomes more accessible, the failure to use it when uploading highly confidential materials into artificial intelligence tools will become increasingly difficult to defend as reasonable, say attorneys at Lewis Brisbois.

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