Appellate

  • July 02, 2026

    9th Circ. Backs LA-Area Gas Appliance Nitrogen Oxide Ban

    The Ninth Circuit Thursday upheld a ban on the use of certain nitrogen oxide-emitting appliances in four Southern California counties, rejecting claims that the pollution control effort is preempted by federal law, as a dissenting judge contended this conclusion runs afoul of the court's own recent precedent.

  • July 02, 2026

    Fed Nears CRA Rule Repeal As FDIC, OCC Exit 5th Circ. Fight

    Federal regulators plan to take different legal approaches to completing their previously joint effort to unwind Biden-era updates to decades-old community reinvestment rules for banks, according to two filings at the Fifth Circuit.

  • July 02, 2026

    Amgen, Sanofi Team Up To Urge En Banc Antibody IP Review

    Rival pharmaceutical companies that squared off at the U.S. Supreme Court over antibody patents have jointly asked the full Federal Circuit to review an unrelated panel decision reviving migraine drug antibody patents.

  • July 02, 2026

    6th Circ. Won't Rethink NLRB Injunction Standard Shift

    The Sixth Circuit is standing by its decision to make it more difficult for National Labor Relations Board officials to win injunctions compelling employers to bargain, rejecting on Thursday an agency official's petition for a rehearing.

  • July 02, 2026

    4th Circ. Says Fired CIA Officers Must Be Allowed To Appeal

    A split Fourth Circuit panel on Thursday affirmed an order requiring the CIA and Office of the Director of National Intelligence to allow intelligence officers who were fired for their involvement with DEI and accessibility-related assignments to appeal their terminations. 

  • July 02, 2026

    Crypto Developer Urges 5th Circ. To Revive DOJ Challenge

    A cryptocurrency software developer is urging the Fifth Circuit to revive a suit seeking to shield his forthcoming project from any accusations of unlicensed money transmission, telling the appeals court that a Texas federal judge "overly discounted" similar prosecutions when it tossed his challenge for lack of standing.

  • July 02, 2026

    8th Circ. Revives Local Conversion Therapy Ban Challenge

    The Eighth Circuit revived a case Thursday challenging local ordinances passed in Kansas City and Jackson County, Missouri, that prohibited the practice of conversion therapy, as it is commonly known, with minors.

  • July 02, 2026

    7th Circ. Says Immigration Addendums Make Its Job Harder

    The Seventh Circuit criticized a practice by immigration judges in which they attach boilerplate legal citations instead of citing them in the decisions themselves, saying it makes appellate review more difficult, but declined to reject the practice.

  • July 02, 2026

    DC Circ. Told FCC Trying To 'Evade' News Distortion Scrutiny

    A media advocacy group Thursday again pushed its bid to convince the D.C. Circuit to force the Federal Communications Commission to revisit the agency's controversial news distortion policy.

  • July 02, 2026

    Pa. Justices To Hear Jarkesy-Like Appeal Of Securities Fine

    The Pennsylvania Supreme Court has agreed to hear a case challenging the constitutionality of the state's in-house securities enforcement proceedings, joining at least two other state supreme courts that have agreed to hear similar challenges since the U.S. Supreme Court handed down its Jarkesy decision that limited in-house enforcement at the U.S. Securities and Exchange Commission. 

  • July 02, 2026

    Streamer's Reaction Video Is Fair Use, Judge Finds

    A Central California federal judge has tossed a YouTube creator's copyright suit over a Twitch streamer's livestreamed reaction to a YouTube documentary, saying the commentary counted as fair use.

  • July 02, 2026

    Cox, Hikma Rulings Set Stage For Trademark Liability Fights

    After the U.S. Supreme Court narrowed paths to secondary liability in copyright and patent cases this term, trademark law stands apart with an older, potentially broader rule for when intermediaries can be held liable for another party's infringement.

  • July 02, 2026

    Fed. Circ. Rules Contractor's Eligibility Challenge Is Moot

    A Federal Circuit panel ruled Thursday that a contractor's challenge to the U.S. State Department's determination that it wasn't eligible to compete for an award to construct a new consulate in Turkey is moot, since the project was canceled.  

  • July 02, 2026

    Amicus Briefs Split On 9th Circ. Copyright Test In Tattoo Case

    Music labels, writers, photographers and copyright scholars are urging the Ninth Circuit to use the en banc rehearing in Kat Von D's Miles Davis tattoo fight to rework its substantial similarity test, though their amicus briefs are split over whether the court should discard the test entirely or refine it.

  • July 02, 2026

    Fla. High Court Slaps Fake Immigration Atty With Probation

    The Florida Supreme Court on Thursday issued a split opinion handing down a five-month term of probation and a suspended jail sentence to a Miami woman for practicing as an unlicensed immigration attorney after she admitted violating previous orders prohibiting her from the same conduct. 

  • July 02, 2026

    Fed. Circ. Wants More Analysis In Amazon Transcribing IP Suit

    The Federal Circuit on Thursday said a lower court needed to revisit a claim construction issue in an infringement case against Amazon over audio transcription patents, saying the question of whether the relevant claims were in the means-plus-function format needs a more thorough analysis.

  • July 02, 2026

    Ga. Court Revives Electrocution Suit Against Engineering Firm

    A Georgia appeals court on Thursday revived a lineman's electrocution injury suit against Burns & McDonnell Engineering Co., finding the engineering firm owed him a duty of care over its role coordinating power outage planning at a Georgia Power substation.

  • July 02, 2026

    Fed. Circ. Won't Restore Doctor's Intubation Patent Suit

    The Federal Circuit on Thursday declined to give a doctor another chance to pursue a suit against medical supplies company Teleflex Medical Inc. alleging infringement of a patent covering a laryngoscope used to intubate a patient, affirming the claim construction of a lower court.

  • July 02, 2026

    NJ Top Court Snapshot: Indemnity Provisions, Truth Defense

    Three of the most recent cases to head to the New Jersey Supreme Court will address the admission of evidence in criminal proceedings and civil issues including indemnification.

  • July 02, 2026

    Sinclair Convinces Ga. Panel To Sink Doctor's Defamation Suit

    A Georgia appellate panel sided with media conglomerate Sinclair Broadcast Group and a nurse who was interviewed about alleged forced sterilizations of U.S. Immigration and Customs Enforcement detainees, saying a trial court erred by letting a doctor's defamation suit proceed.  

  • July 02, 2026

    Paralegals Take NC Legal Advice Law Challenge To 4th Circ.

    Two paralegals and a nonprofit have asked the Fourth Circuit to revive their challenge to a North Carolina law that blocks nonlawyers from providing legal advice.

  • July 02, 2026

    Intel Asks Justices To Affirm 9th Circ. End To 401(k) Fund Suit

    Intel urged the U.S. Supreme Court on Thursday to back the Ninth Circuit's end to a proposed class action from 401(k) participants who challenged the technology company's retirement plan investment offerings, arguing the appellate court properly backed dismissal of their case because the pleadings lacked sufficient comparisons.

  • July 02, 2026

    'Embarrassed' Conn. Atty Details ChatGPT Briefing Errors

    With a sanctions hearing on the horizon, a Connecticut attorney has told the state's highest court he is "extremely embarrassed" by artificial intelligence errors in briefs filed in two recently decided cases, explaining he used ChatGPT to edit his research without knowing it could make "unprompted changes to the content."

  • July 02, 2026

    Fed. Circ. Agrees Alice Ends Website Creation Patent Suit

    The Federal Circuit on Thursday refused to revive a lawsuit accusing marketing software company HighLevel Inc. of infringing a pair of website-generation patents, agreeing with a Delaware federal court's finding that the claims at issue in the patents were invalid.

  • July 02, 2026

    Immigration Board Ties Bond Hearings To Detention Venue

    The Board of Immigration Appeals has overturned an immigration judge's decision to release a detained man facing removal from the U.S., saying his bond hearing did not take place in the jurisdiction where he was being held in immigration detention.

Expert Analysis

  • Columbia Software IP Ruling Tests Royalty Damages Model

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    The Federal Circuit's recent decision in Columbia University v. Gen Digital, vacating a damages verdict involving foreign software sales, provides guidance on ambiguities surrounding the worldwide royalty damages model established by the court's decision in Brumfield v. IBG two years ago, say attorneys at Munger Tolles.

  • Turning To The Courts When PBM Reform Falls Short

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    The effectiveness of state laws intended to regulate pharmacy benefit managers remains uncertain, but litigation — utilizing tried-and-true theories like breach of contract and fair dealing — offers another mechanism through which stakeholders may seek relief from PBMs, say attorneys at Reed Smith.

  • Opinion

    Immigration Appeals Rule Would Prevent Meaningful Review

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    Justice Stephen Breyer’s book “Making Our Democracy Work” offers a useful lens through which to consider what is at stake for the Executive Office for Immigration Review's legitimacy as the government asks the D.C. Circuit to revive an interim final rule that would have fast-tracked decisions by Board of Immigration Appeals, says Tara Kennedy at Kennedy Law.

  • 2 'Rocket Dockets' And The Rules That Propel Them

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    The fastest civil trial courts in the country are currently in the Eastern District of Virginia and the Southern District of Florida, and their chief judges provide insights into the court rules that keep them ahead, says Robert Tata at Hunton.

  • Retailer Risk Reduction Tips As Email Marketing Suits Surge

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    Amid a flood of email marketing lawsuits following last year's Washington Supreme Court ruling in Brown v. Old Navy, retailers seeking to avoid high litigation costs can take several steps to reduce risks by focusing on their email subject lines advertising sales, says Gonzalo Mon at Kelley Drye.

  • Why Nuclear Licensees Must Watch 2nd Circ.'s Holtec Review

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    In reviewing a New York federal court's preemption ruling concerning disposal of nuclear materials, the Second Circuit must confront the lower court's recognition of a purpose-based path to field preemption, which could be game-changing for nuclear material licensees, says Andrew Averbach at Womble Bond.

  • Calif. Ruling Lowers Bar For Health Data Breach Claims

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    The California Supreme Court's ruling in J.M. v. Illuminate Education offers protection for non-healthcare companies that maintain health-related data but also adopts a new and more plaintiff-favorable standard for breach of confidentiality that companies maintaining any health-related data should address, say attorneys at Cooley.

  • Florida Atty Fees Ruling Could End Expert Testimony Mandate

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    For over 60 years, Florida appellate courts have required an evidentiary hearing and expert testimony to support the reasonableness of an attorney fee award, but the Florida Sixth District Court of Appeal's recent Ruffenach v. Deutsche Bank National Trust ruling could make substantive changes to this requirement, say attorneys at RumbergerKirk.

  • Texas Ruling Leaves Key Oil Royalty Question Unresolved

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    The Texas Supreme Court's recent decision in Fasken Oil and Ranch v. Puig clarifies that royalty reservations containing “free of cost forever” language do not bar deduction of post-production costs — but it leaves open whether prices producers report to royalty owners should reflect what unaffiliated buyers would pay, says Robert Foss at Hinds Feat Advisors.

  • Justices Widen Path For Confiscated Cuban Property Claims

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    For Americans holding claims to confiscated Cuban property, the U.S. Supreme Court’s recent decision in Havana Docks v. Royal Caribbean Cruises means that the expiration of their property interest is no longer a bar and that any company using such property is now a potential defendant, say attorneys at Bracewell.

  • Your Next Litigation Hold Should Cover AI Chat Logs

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    The Delaware Chancery Court’s recent decision in Fortis Advisors v. Krafton to treat a CEO’s artificial intelligence chats as substantive evidence is being read as a discovery warning to litigators, but there is a second duty-to-preserve lesson that is especially pertinent to in-house counsel, say attorneys at Faegre Drinker.

  • Opinion

    High Court's Abortion Pill Stay Reinforces Appellate Principles

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    The U.S. Supreme Court's recent order in Danco Laboratories v. Louisiana, staying a Fifth Circuit ruling that reinstated an in-person requirement for dispensing the abortion medicine mifepristone, should be seen not as a definitive ruling on reproductive rights, but as an affirmation of a more disciplined jurisdictional reality, says Daniel Nardo at Nardo & Associates.

  • Series

    Studying Foreign Languages Makes Me A Better Lawyer

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    Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

  • 6th Circ. Ruling Highlights Split On Labor Cost Depreciation

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    The Sixth Circuit's recent decision in Schoening Investment v. Cincinnati Casualty throws into relief the fine lines of courts' varying interpretations of whether a commercial property insurer may justifiably depreciate labor costs to determine the actual cash value of damage, says Nabila Rahim at Zelle.

  • 6th Circ. Ruling Broadest So Far In Wave Of Habeas Decisions

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    The Sixth Circuit’s recent opinion in Lopez-Campos v. Raycraft provides the most developed structural reasoning among rulings in a widening circuit split over mandatory detention after undocumented entry into the U.S., and supplies immigration practitioners a template for due process arguments in favor of habeas relief, says Kemal Hepsen at Mandamus Lawyers.

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