Appellate

  • November 03, 2026

    Chanel Keeps $4M Win Against Luxury Reseller At 2nd Circ.

    The Second Circuit on Tuesday upheld a New York federal jury's verdict ordering a luxury reseller to pay Chanel Inc. $4 million for selling unauthorized handbags, but vacated as "premature" the trial court's award of more than $560,000 in litigation expenses to Chanel.

  • November 03, 2026

    Fed. Circ. Unsure How Judge Messed Up Drug Patent Ruling

    The Federal Circuit didn't seem all too convinced Tuesday morning that a lower court committed an error in finding that healthcare company Fresenius Kabi USA had failed to prove that a pair of Heron Therapeutics patents covering a nausea drug were invalid.

  • November 03, 2026

    2nd Circ. OKs 2-Year Term For Counterfeiter Of Luxury Goods

    The Second Circuit on Tuesday affirmed a two-year prison sentence for a New York woman convicted of trafficking counterfeit luxury goods, rejecting her argument that a congressional directive favoring noncustodial sentences for certain first-time offenders required a different result.

  • November 03, 2026

    Ex-Hospital Worker Can't Get Out Of Bias Settlement

    A Michigan federal judge has ordered a former William Beaumont Hospital employee to honor a settlement resolving her pregnancy discrimination lawsuit, rejecting her attempts to narrow the agreement to exclude potential medical malpractice claims involving her minor child and allowing her attorneys to withdraw amid a breakdown in their relationship.

  • November 03, 2026

    Ga. Power Can't Apply New Tort Law In Exposure Suit

    A Georgia appellate panel on Tuesday rejected Georgia Power Co.'s bid to apportion fault to companies that settled out of an asbestos exposure lawsuit as well as its bid to escape the case, finding that disputes over the utility's knowledge of asbestos hazards prevent it from obtaining summary judgment.

  • November 03, 2026

    9th Circ. Backtracks On Venezuela TPS Reinstatement

    The Ninth Circuit reversed course Tuesday, granting the Trump administration's request for an administrative stay temporarily pausing a district court order that reinstated Temporary Protected Status for Venezuela, after originally denying the government's request.

  • November 03, 2026

    Synagogue Killer's Appeal Argues Limits Of Hate-Crime Law

    A Third Circuit panel examined Tree of Life synagogue shooter Robert Bowers' appeal of his death sentence Tuesday, focusing partly on his assertion that the Thirteenth Amendment didn't authorize a federal hate-crimes law to include protections for religions.

  • November 03, 2026

    Group Wants DC Golf Course Work Halt To Remain In Place

    A preservation group on Tuesday urged a D.C. federal court to maintain an order blocking further tree removals at the East Potomac Golf Course, arguing the government failed to identify any error the judge made when issuing the directive.

  • November 03, 2026

    Ill. Panel Upholds Felony Conviction Gun Ban

    An Illinois state appeals court has found that a handgun recovered by police during a traffic stop could be used to convict a man for unlawful possession of a firearm by someone with a prior felony conviction, and that the state law invoked to convict him on the gun charge did not violate his constitutional rights.

  • November 03, 2026

    2nd Circ. Revives SS&C Trade Secret Suit Against Arcesium

    Financial software company SS&C can pursue its suit alleging fintech firm Arcesium misappropriated trade secrets from its software program, Geneva, to build a rival product, Trinity, the Second Circuit ruled Tuesday.

  • November 03, 2026

    Meta Can't Send Texas Sex Trafficking Case To Calif.

    Meta Platforms Inc. can't get a sex trafficking case against it dismissed to be refiled in California court, a Texas appeals court ruled on Tuesday, finding the social media company waived its forum-selection clause by taking the case to Texas's highest court.

  • November 03, 2026

    Calif. Justices Unsure If 'Headless' PAGA Claims Are OK

    The California Supreme Court did not appear to fully indicate which way it was leaning Tuesday in a case dealing with whether workers can bring what are known as headless claims under the state's Private Attorneys General Act, meaning claims only on behalf of other workers and not themselves.

  • November 03, 2026

    10M Walmart, EBay Users Included In Certified Amazon Class

    An order unsealed Monday gives a number and lays out criteria for the class of millions of consumers certified last month in a Washington federal court lawsuit accusing Amazon of creating an artificial, anticompetitive pricing floor for goods sold on other platforms and not just on its own.

  • November 03, 2026

    Justices To Hear Apple App Store Contempt Case In January

    The U.S. Supreme Court has scheduled an argument on Jan. 11 for Apple's challenge to a contempt order issued for allegedly trying to use high commissions to prevent app developers from steering users to outside payment methods in a case brought by Epic Games.

  • November 03, 2026

    Michigan Appeals Court Affirms Cold Case Conviction

    The Michigan Court of Appeals agreed with convicted murderer Douglas Michael Laming's claim that his counsel in a 2024 trial was ineffective for failing to request jury instructions regarding accomplice testimony, but affirmed his conviction, ruling that the oversight was unlikely to have altered the trial's outcome.

  • November 03, 2026

    IRS Asks 11th Circ. To Back Denial Of $27M Easement Claim

    The U.S. Tax Court properly dismissed a partnership's bid to challenge the IRS' denial of a $27 million tax deduction for a Georgia conservation easement donation, the agency told the Eleventh Circuit, saying the partnership's petitions were filed late and the statutory deadline isn't flexible.

  • November 03, 2026

    11th Circ. Asked To Revive Suit Over $135M Rabbinical Award

    The son of a Panamanian bank founder asked the Eleventh Circuit on Tuesday to reverse an order dismissing an attempt to confirm a $135 million arbitral award in a dispute with his brother over an inheritance, arguing that the case, which was arbitrated in Miami, has enough ties to Florida.

  • November 03, 2026

    DA Willis Pushes For Role In Trump Election Case Fee Fight

    Fulton County District Attorney Fani Willis has urged the Georgia Court of Appeals to overturn an order blocking her from intervening in a $16 million legal fee bid from President Donald Trump and other former defendants in a dismissed election interference case, arguing that the trial court abused its discretion.

  • November 03, 2026

    11th Circ. Hints Ga. Tech Auditors Are Wrong Targets Of Suit

    The Eleventh Circuit seemed reluctant Tuesday to reinstate a malicious prosecution case from a former Georgia Tech professor who was accused but not convicted of selling off microchips the school paid for, suggesting the auditors he'd gone after weren't the right targets for his suit.

  • November 03, 2026

    9th Circ. Told Apple Stock Awards Belong In OT Pay

    Hourly Apple workers have asked the Ninth Circuit to revive their claims that the tech giant underpaid them for overtime by excluding the value of company stock they received, arguing that a lower court wrongly allowed Apple to exclude the stock awards from overtime calculations.

  • November 03, 2026

    11th Circ. Revives Payment Bid For Military Paint Facility Work

    The Eleventh Circuit revived a subcontractor's bid for full payment under a U.S. Army Corps of Engineers contract to construct a facility for vehicle paint preparation, ruling that a Georgia federal court erred in finding the subcontractor sued too late.

  • November 03, 2026

    Indiana Targeted Unionized Teachers' Speech, 7th Circ. Says

    The Seventh Circuit upheld a federal judge's decision to block two Indiana state laws changing how teachers authorize unions to receive a portion of their wages, finding that the laws violated the First Amendment by specifically targeting teachers who wanted to join a union and pay dues.

  • November 03, 2026

    Mass. Judge Nixes Feds' Bid To Stay Grant Termination Ruling

    A Massachusetts federal judge on Tuesday rejected the Trump administration's request to stay her judgment that it cannot terminate already-awarded federal grants based solely on the president's current priorities, and chided the government for intentionally slow-walking the case.

  • November 03, 2026

    PE Fund Lost $43M In 'Speculative' Stock Swap, Del. Suit Says

    An investor in a private equity fund has accused its managers in Delaware Chancery Court of secretly exchanging about $43 million in diversified investments for securities in a "speculative" financial company, then failing to sell those holdings before their value plunged 99.98%, leaving investors with virtually nothing.

  • November 03, 2026

    1st Circ. Won't Revive Sex Bias Suit Against Benefits Co.

    The First Circuit refused to reinstate a lawsuit from a data architect who said a health benefits company fired her because she's a woman, saying she hadn't alleged that colleagues responsible for "stray" sexist comments played a role in her termination.

Expert Analysis

  • 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.

  • 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.

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