Appellate

  • October 23, 2026

    Colo. Justices Asked To Hear Challenge To Amendment 87

    The man challenging the validity of signatures for a Colorado ballot initiative to raise taxes on the state's wealthiest residents appealed the dismissal of his lawsuit to the state's high court Thursday.

  • October 23, 2026

    Panel Orders New Sex Abuse Trial Over Improper Testimony

    A Connecticut appeals court on Friday ordered a new trial for a man convicted of sexual assault of a child, ruling the prosecutor was incorrectly allowed to ask witnesses to evaluate the credibility of the victim's testimony.

  • October 23, 2026

    5th Circ. Revives Facebook Users' Eyemart Wiretap Suit

    The Fifth Circuit on Friday revived a group of Facebook users' proposed class action accusing Eyemart Express LLC of disclosing their HIPAA-protected information to Meta without their consent, saying in a published opinion that Eyemart and a district court had read the statutory definition of individually identifiable health information too narrowly.

  • October 23, 2026

    Murder Evidence 'Overkill' In Passport Fraud Trial, Judge Says

    A First Circuit panel on Friday said prosecutors should not have told a jury that a defendant on trial for lying to obtain a U.S. passport was wanted for murder in Cape Verde, but nevertheless upheld his conviction due to the "overwhelming evidence" of his guilt.

  • October 23, 2026

    TransDigm Can't Ax Ex-GC's Retaliation Suit, Ohio Court Says

    TransDigm Group cannot push to arbitration its former general counsel's lawsuit alleging that she was terminated in retaliation for reporting two instances of sexual harassment and antitrust compliance concerns at the aerospace company, an Ohio appeals court ruled, saying sexual harassment allegations are not subject to arbitration.

  • October 23, 2026

    9th Circ. Judge Hints Trump US Atty Firing OK Despite 'Chaos'

    A Ninth Circuit judge remarked on Friday that President Donald Trump's ouster of court-appointed Seattle U.S. Attorney Roger Rogoff has sown "chaos," but pushed back against Rogoff's contention that the move amounted to executive overreach, noting that the president already controls the office via the attorney general.

  • October 23, 2026

    Dutch Software Co. Seeks To Unravel $400K Contempt Order

    A Dutch software company is looking to undo a $400,000 sanctions order against it in a long-running trademark battle with its former U.S. partner, saying there is no evidence of harm to the opposing party sufficient to support the court's contempt ruling.

  • October 23, 2026

    Full 5th Circ. OKs Trump's No-Bond Policy For Immigrants

    The full Fifth Circuit handed down a divided opinion on Friday, ruling that noncitizens who were never lawfully admitted to the U.S. don't have a constitutional right to bond hearings regardless of how long they've been detained.

  • October 23, 2026

    Alembic Settles With Vanda Over Schizophrenia Drug Generic

    Vanda Pharmaceuticals and Alembic Pharmaceuticals notified a Delaware federal judge Friday that they have settled a patent dispute over Alembic's planned generic version of Vanda's schizophrenia drug Fanapt.

  • October 23, 2026

    State AGs Take Aim At 'Texas Two-Step' In Brief To Justices

    Attorneys general for 20 states and the District of Columbia urged the U.S. Supreme Court to take up a challenge to the validity of "Texas Two-Step" bankruptcies, telling the high court a Fourth Circuit ruling in an asbestos liability case threatens the ability of states to exercise their sovereign power to enforce their own laws.

  • October 23, 2026

    Insulet Can't Keep Injunction During Trade Secret Appeal

    The Federal Circuit has denied insulin product developer Insulet Corp.'s request to keep an injunction in place against rival EOFlow Co. Ltd. while it appeals an axed $59 million trade secrets jury verdict to the U.S. Supreme Court.

  • October 23, 2026

    Ute Family Urges High Court To Revive FBI Evidence Duty

    A Utah tribal member's family is asking the Supreme Court to reverse a decision that the federal government isn't liable for his shooting death, telling the justices that without their intervention the case could set a dangerous precedent that will harm investigative authority at crime scene investigations.

  • October 23, 2026

    Startups, Inventors Urge High Court To Review $2.6B IP Case

    The Alliance of U.S. Startups & Inventors for Jobs has called for the U.S. Supreme Court to take up Centripetal Networks LLC's petition arguing a $2.6 billion infringement victory against Cisco was taken away without due process, with the organization warning the holding will disincentivize innovation by smaller companies and individuals.

  • October 23, 2026

    Cities Say Feds Ignore Immigration Rule Collusion Claims

    Three cities on Friday urged the U.S. Supreme Court to stay an order that removed the ability of immigration courts to temporarily close cases, arguing the federal government failed to address the legality of circumventing Administrative Procedures Act requirements.

  • October 23, 2026

    Ill. Panel Backs Defense Win In Nissan Car Defect Crash Suit

    An Illinois appellate court on Friday affirmed a defense verdict in a suit alleging a defective Nissan vehicle caused a fatal crash, saying the trial court properly barred a failure-to-warn claim against the automaker.

  • October 23, 2026

    IRS Fights For Microcaptive Reporting Rules In 5th Circuit

    The Fifth Circuit should restore a vacated regulation that required disclosure of certain microcaptive transactions due to the risk of tax avoidance and uphold another related rule that carried a lower penalty for reporting failures, the government said Friday, arguing against a plastics manufacturer fighting to eliminate both.

  • October 23, 2026

    1st Circ. Says Sinovac Investor's Fraud Suit Came Too Late

    The First Circuit found that investment management firm MW Gestion was a few months too late to sue an investor and his firm on a claim they hid their growing stake in China-based biopharmaceutical company Sinovac Biotech Ltd., upholding a lower court's ruling that ended MW Gestion's proposed class action on behalf of Sinovac shareholders.

  • October 23, 2026

    Copyright Ruling Leaves Worldwide Rights In Legal Limbo

    The U.S. Supreme Court left music publishers, creators and catalog buyers facing potentially different rules for worldwide copyright termination after an unusual quorum failure ended the entertainment industry's bid to overturn a Fifth Circuit ruling allowing authors to recapture foreign rights included in worldwide grants.

  • October 23, 2026

    NC Asks 4th Circ. To Undo Atty Fees In Prison Trans Care Row

    North Carolina urged the Fourth Circuit on Friday to reverse over half a million dollars in legal fees awarded to a formerly incarcerated transgender woman alleging she was wrongly denied gender-affirming surgery at a state prison, arguing the award defies U.S. Supreme Court precedent.

  • October 23, 2026

    NY Panel Orders New Trial After Unrecorded Jury Remarks

    A New York state appeals court has ruled that a man is entitled to a new trial on drug possession charges after it was discovered that a trial judge had an off-the-record conversation with a juror to resolve a dispute about how to decide the case.

  • October 23, 2026

    Tax Court Misread Easement Rules, 4th Circ. Told

    The U.S. Tax Court imposed conservation easement donation requirements beyond what the law allows in evaluating a property's condition and potential mining value, a partnership told the Fourth Circuit, seeking to overturn the 2025 denial of its charitable deduction.

  • October 23, 2026

    Mich. Appeals Court Upholds Indigent Defense Fee

    Criminal defendants can be required to reimburse the full cost of their court-appointed attorneys even when most of those expenses are covered by state indigent defense grants, a Michigan appeals court ruled after rejecting a woman's argument that the arrangement allows counties to recover the same costs twice.

  • October 23, 2026

    DC Circ. Lets 1929 Census Descendants Join Miwok Vote

    The D.C. Circuit allowed descendants of people listed in a 1929 census of local Native Americans to have a say in the California Valley Miwok Tribe's constitution and bylaws Friday, rejecting a rival faction's bid to restrict the process to a smaller group and settling — for now — a decades-long fight tied to state gaming funds.

  • October 23, 2026

    Feds Want Grant Ruling Foiling Priorities Stayed For Appeal

    The Trump administration asked a Massachusetts federal judge to pause a decision declaring that a grant termination clause does not allow agencies to scrap awards not aligned with its new priorities, claiming it is likely to prevail in a First Circuit appeal.

  • October 23, 2026

    Verisk Must Pursue $2.35B AccuLynx Deal, Del. Court Says

    The Delaware Supreme Court on Friday upheld a ruling that Verisk Analytics Inc. improperly abandoned its $2.35 billion acquisition of roofing software company AccuLynx, leaving the data analytics company obligated to keep pursuing federal antitrust clearance and close the deal if regulators approve it.

Expert Analysis

  • 9th Circ. 'Bad Spaniels' Ruling Rewrites TM Dilution Playbook

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    The Ninth Circuit’s recent ruling that each element of the Jack Daniel's packaging parodied by the Bad Spaniels dog toy must be independently assessed for fame narrows trademark owners' ability to use a flagship mark's halo effect to protect the entire brand from tarnishment, say attorneys at Reed Smith.

  • Fed. Circ. In July: Meeting The Enablement Requirement

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    The Federal Circuit's decision in Wyeth v. AstraZeneca last month exemplifies when a generalized conception of an invention is insufficient to enable the full scope of asserted patent infringement claims, and may lead to more enablement challenges, say attorneys at Knobbe Martens.

  • Calif. Ruling Opens Del. Cos. Up To Stockholder Inspection

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    A California appellate court's recent decision in Salamon v. Orchid Global underscores that despite last year's amendments to the Delaware General Corporation Law, Delaware companies with principal operations in California remain subject to California's broader and more stockholder-protective inspection regime, say attorneys at Sheppard.

  • What 9th Circ. Devas Ruling Means For AI Infrastructure Deals

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    The Ninth Circuit's recent confirmation of a $2 billion arbitration award in Devas Multimedia's arbitration against a state-owned commercial arm of India’s space agency creates a cross-border enforcement road map for disputes that are bound to arise from the current generation of artificial intelligence infrastructure deals, says Fernanda Merouco at Davis Wright.

  • 9th Circ. Wage Ruling Shows Arbitration Pacts Are Still Useful

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    After years of uncertainty for California employers, the Ninth Circuit’s recent Cocom v. ABM Aviation decision signals that workplace arbitration agreements remain a powerful and enforceable tool — if thoughtfully drafted and employment-focused, says Benjamin Runge at Thompson Coburn.

  • Series

    Taekwondo Makes Me A Better Lawyer

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    Taekwondo has taught me to recognize when to fight for a position and when to focus on finding a solution, and that the best outcomes are often achieved by solving problems — all of which has improved my work as a bankruptcy lawyer, mediator and Subchapter V trustee, says Amy Denton Mayer at Berger Singerman.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses seven recent rulings from cases involving Class Action Fairness Act jurisdiction, appellate jurisdiction, attorney fees and employment rights.

  • 3rd Circ. Hotel Ruling Flags Key Issues In Dynamic Pricing

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    The Third Circuit's recent decision in Cornish-Adebiyi v. Caesars Entertainment relies on allegations that competitors used nonpublic data to set real-time rates considered exorbitant, highlighting both the potential risks and substantial benefits of utilizing emerging technologies, say attorneys at Baker McKenzie.

  • 4th Circ. Class Cert. Ruling Offers Tips For Damages Experts

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    The Fourth Circuit's recent decision reversing class certification in litigation against Boeing raises the cost of a bare-bones damages model proposal for plaintiffs, but it also clarifies what a defensible proposal should contain, say Alok Khare and Erica Rose at FTI Consulting.

  • Opinion

    'Plain Meaning' Requires Plainer Meaning In IP Litigation

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    The Federal Circuit's recent decision in Socket Solutions v. Import Global highlights the frequent ambiguity surrounding courts' references to "plain meaning" in patent claim construction — an ambiguity that should be resolved by courts, not litigants, say attorneys at Klarquist Sparkman.

  • What To Know As Legal Duty To Consider AI Takes Shape

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    While the U.K. Jurisdiction Taskforce’s recent statement on liability for artificial intelligence harms is nonbinding for both U.K. and U.S. lawyers, it highlights the importance of being able to distinguish between the availability of a tool and a professional obligation to use it, say Jonny Frank and Michael Costa at StoneTurn.

  • Patent Ruling Shows Concrete Tech Solution Key To Eligibility

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    The Federal Circuit’s recent Ceiva Opco v. Amazon.com decision offers an important reminder that software-related inventions can remain patent eligible when they claim a concrete technological solution to a specific problem, says Irah Donner at Manatt.

  • Appellate Vape Rulings May Expand State Regulation Powers

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    Two recent federal appeals courts decisions rejecting Federal Food, Drug and Cosmetic Act preemption challenges to state electronic nicotine delivery systems directory laws signal an emerging appellate consensus that could significantly expand states' power to regulate vaping product sales where federal enforcement falls short, say attorneys at Troutman.

  • How Solar Fraud Case Affects Lender Oversight Of Dealers

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    The U.S. Supreme Court's refusal to review the Third Circuit's ruling in Migliore v. Sunlight Financial means that residential solar finance companies are protected from vicarious liability for deceptive acts by independent solar dealers — but lenders must still take steps to guard against dealer misconduct, says Rand Manasse at Green Lane Partners.

  • Fed. Circ. Rulings Emphasize Adjudicative Access And Review

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    Decisions from the Federal Circuit's 2026 docket indicate that the court is increasingly paying attention to whether tribunals possess authority to act, meaning practitioners will need to properly address procedural hurdles before they can argue the merits of a case, say attorneys at Reichman Jorgensen.

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