Appellate

  • June 29, 2026

    Wash. Panel Revives Claims Over Fertility Operation Injury

    A Washington appeals panel revived two claims against healthcare providers lodged by the family of a woman who suffered permanent brain damage as the result of an allergic reaction during an egg-retrieval procedure, ruling Monday that a lower court was wrong to toss the claims.

  • June 29, 2026

    Justices Look To Shed Light On Jury Role In Pepsi TM Battle

    The U.S. Supreme Court's decision to hear a trademark fight over PepsiCo's "Mtn Dew Rise Energy" drink gives the justices a chance to clarify when juries, rather than judges, should decide whether a mark is inherently strong — a narrow question that attorneys say could affect how often infringement cases survive summary judgment.

  • June 29, 2026

    Gov't Arg. For DOGE Access Stay Is 'Red Herring,' Judge Says

    The Trump administration can't convince a Maryland federal judge to rescind her order opening discovery into allegations the Department of Government Efficiency flouted her orders to stop accessing sensitive Social Security Administration data.

  • June 29, 2026

    9th Circ. Revives Felon's Case Over Cash Nicked By FBI Agent

    An Ohio man who pled guilty to drug trafficking charges will have a second shot at arguing that he should get back $218,000 that was found in his safe but stolen by an FBI agent, under a Ninth Circuit decision issued Monday.

  • June 29, 2026

    3rd Circ. Preview: DuPont Pensions, Detainees' Court Access

    An appeal testing the limits of ERISA fiduciary liability goes before the Third Circuit in July when DuPont and Corteva seek to overturn a district court ruling that a corporate spinoff damaged employees' retirement benefits. The court will also hear argument on whether heavy equipment giant Caterpillar forced a competitor out of business by pressuring a vendor. Here are some highlights from the court's July calendar.

  • June 29, 2026

    Illinois Panel Says $2M Med Mal Deal Bars Hospital Liability

    A split Illinois appellate panel ruled Monday that a $2 million medical malpractice settlement between a patient and an emergency room doctor barred claims against a hospital, saying a clause in the settlement agreement didn't trump Illinois legal precedent.

  • June 29, 2026

    The End Of An 'Independent' FTC

    Federal Trade Commission members, responsible for merger review, antitrust enforcement, consumer protection safeguards and rulemaking, and industry analysis, no longer serve at a remove from presidential authority, thanks to Monday's U.S. Supreme Court ruling that could dramatically remake the FTC and other independent agencies.

  • June 29, 2026

    Hospital That Halted Gender Care Must Show Cause

    A Colorado state court judge issued a citation on Friday to Children's Hospital Colorado ordering it to show cause for why the hospital refuses to provide gender-affirming care to patients in violation of a preliminary injunction order issued by the Colorado Supreme Court. 

  • June 29, 2026

    Trump Admin To Appeal Block On Voter Database Expansion

    The Trump administration is appealing a D.C. federal judge's decision to block its expansion of a database that allows states to screen voters.

  • June 29, 2026

    Colo. Justices Nix Group's Fine For Not Disclosing Donors

    A conservative political organization that spent more than $4 million on Colorado ballot initiatives during the 2020 election is not an issue committee under the state's constitution and can't be fined for not disclosing its donors, the Colorado Supreme Court unanimously held Monday.

  • June 29, 2026

    Justices To Weigh Attorney Fees In Noncitizen Habeas Suits

    The U.S. Supreme Court on Monday agreed to consider whether the Equal Access to Justice Act allows detained noncitizens who prevail in habeas corpus cases to be awarded attorney fees.

  • June 29, 2026

    Phone Warrant In Murder Case Passes Conn. Justices' Muster

    The Connecticut Supreme Court has ruled that a trial court was correct in refusing to suppress a murder suspect's cellphone data, saying the warrant was "sufficiently particular."

  • June 29, 2026

    High Court Blocks Roy Moore's Bid To Preserve $8.2M Win

    The U.S. Supreme Court on Monday rejected an emergency stay request from former Alabama Supreme Court justice Roy Moore, shooting down his attempt to save an $8.2 million defamation verdict he was awarded for his claims that a Democratic PAC ad suggested he solicited a minor for sex.

  • June 29, 2026

    Sotomayor Says 7th Circ. 'Clearly Wrong' In Immunity Ruling

    The U.S. Supreme Court on Monday refused to take up a case over whether qualified immunity was correctly granted to two Wisconsin prison guards who left a naked man in an often freezing cold cell for 23 hours, drawing a dissent from Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson.

  • June 29, 2026

    2nd Circ. Revives Penalty Collection Fight In $380M Tax Case

    The Second Circuit revived penalty collection challenges Monday by six companies found to owe $380 million to the IRS from participating in a tax scheme, saying an appeals officer's failure to verify that fines had been approved by a supervisor invalidated the collection process.

  • June 29, 2026

    Gaiman Assault Suit Belongs In New Zealand, 7th Circ. Says

    A Seventh Circuit panel on Monday affirmed the dismissal of a former nanny's suit accusing "Sandman" author Neil Gaiman of sexually assaulting her while in New Zealand, finding the dispute should be heard in that country rather than Wisconsin where he currently lives as a lawful permanent resident.

  • June 29, 2026

    Insulin Makers Can't Nix 340B Antitrust Claims On Remand

    A New York federal judge trimmed proposed class action claims by providers alleging Sanofi-Aventis and other drugmakers colluded to deny them discounts on insulin products under the 340B program, allowing most of their state-law antitrust claims to survive but dismissing their unjust enrichment claims.

  • June 29, 2026

    Fed. Circ. Asked To Rethink Axed $469M IP Feud Against Dish

    ClearPlay wants the full Federal Circuit to look at part of a panel decision that didn't reinstate a $469 million jury verdict against Dish Network LLC in a patent suit, saying the challenged portion of the decision deepens a conflict with U.S. Supreme Court precedent.

  • June 29, 2026

    Colo. Justices Say Dad Missed Deadline In Fatal Crossing Suit

    The Colorado Supreme Court ruled Monday that a father cannot proceed with his lawsuit against a city and utility over his daughter's death after being struck by a car, finding that the one-year deadline to bring survival claims applies even when no legal representative was appointed before the victim's death.

  • June 29, 2026

    Fed. Circ. Declines WDTX Transfer Bid In Crypto Patent Case

    The Federal Circuit on Monday refused to back cryptocurrency mining company Core Scientific Inc.'s bid to move a case accusing it of infringing cryptography patents to the Western District of Texas, rejecting Core's arguments that it had clearly shown a transfer was necessary and that a magistrate judge had committed legal errors in disagreeing.

  • June 29, 2026

    Board Reins In Asylum Credibility Findings Based On Candor

    The Board of Immigration Appeals ruled Monday that immigration judges can't find noncitizens credible solely based on their candidness about having previously lied to obtain immigration benefits.

  • June 29, 2026

    8th Circ. Backs Tossing Ark. Worker's Pharmacy Network Suit

    The Eighth Circuit on Monday turned down an employee health plan participant's bid to revive a proposed class action alleging CVS Caremark unjustly enriched itself by failing to comply with Arkansas laws on pharmacy network adequacy, holding a lower court didn't err in tossing the dispute.

  • June 29, 2026

    Former NJ AG Pushes To End Suit Over Tossed RICO Case

    Former New Jersey Attorney General Matt Platkin asserts that a lawsuit from a former CEO indicted in New Jersey's now-dismissed criminal racketeering case against South Jersey power broker George E. Norcross III squarely implicates the protections afforded to prosecutors.

  • June 29, 2026

    Justices Asked To Revive Fight Over Texas Sacred Site

    Two members of a Native American church are asking the Supreme Court to reverse a Fifth Circuit decision that said the city of San Antonio's plans for a park expansion did not substantially burden their religious rights, arguing that the appellate court "joined the wrong side of two existing circuit splits."

  • June 29, 2026

    Justice Jackson Tops High Court Book Earnings In 2025

    U.S. Supreme Court Justice Ketanji Brown Jackson made nearly $1.2 million in book royalties last year, bringing her total to $4.14 million and making her the most highly compensated author on the high court, according to financial disclosure forms released Monday.

Expert Analysis

  • Series

    NY Times Word Puzzles Make Me A Better Lawyer

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    Every morning I let The New York Times humble me with word games, which offer a chance to recalibrate my brain before the day's chaos arrives and remind me that a solution — whether to a puzzle or employment law issue — almost always exists once I find the right angle, says Amy Epstein Gluck at Pierson Ferdinand.

  • Tracking Tech Suit Is A Risk Management Reminder For Cos.

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    The Fifth Circuit recently heard oral argument in Rand v. Eyemart Express — an appeal that could reshape the legal landscape for businesses that deploy tracking tech on their websites — underscoring the importance of proactive risk management for companies across multiple industries, say attorneys at Blank Rome.

  • Series

    Law School's Missed Lesson: Diagnose Before Arguing

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    Law school often skips over explicitly teaching students how to determine what kind of problem a case presents before they commit to a particular doctrinal path, which risks building arguments that are internally coherent but externally misaligned, says Melanie Oxhorn at Kobre & Kim.

  • A Fed. Circ. Blueprint For Drafting Medical Device Patents

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    The Federal Circuit's decision in Constellation Designs v. LG last month, among other recent rulings, underscores the importance of emphasizing engineering, rather than clinical goals, when drafting patent claims for medical devices and software as a medical device, says Brandon Theiss at Volpe Koenig.

  • Decoding Arbitral Disputes: EU's Arb. Defense From Russia

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    The EU's latest package of restrictive measures against Russia marks a significant shift from merely resisting Russian jurisdictional tactics to proactively protecting arbitration and exclusive jurisdiction agreements, elevating the procedural importance of dispute resolution clauses, says Josep Galvez at 4-5 Gray's Inn Square.

  • Becoming The Biz-Savvy GC That Portfolio Companies Need

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    Candidates for general counsel roles at private equity-backed portfolio companies should prioritize proving their sector-specific experience, commercial judgment and ease with uncertainty — and attorneys hoping to be candidates in five to 10 years should start working on those skills now, says Dimitri Mastrocola at Major Lindsey.

  • Nielsen Appeal Tests Antitrust Limits Of Pricing And Bundling

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    In Cumulus v. Nielsen, the Second Circuit is considering a structural pattern in which a monopolist exploits upstream market power to foreclose downstream competition, which could potentially offer broad insight into how courts will assess exclusionary bundling and pricing defenses under antitrust law, says Luke Hasskamp at Bona Law.

  • Series

    Judges On AI: How Courts Can Survive The Tech Revolution

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    Colorado Supreme Court Justice Maria Berkenkotter and Colorado Court of Appeals Judge Lino Lipinsky de Orlov discuss how artificial intelligence has already fundamentally altered the legal system and offer tips for courts navigating deepfakes, hallucinations and a gap in access to AI tools.

  • 'Skinny Label' Arguments Spotlight Induced Infringement Risk

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    Recent oral arguments before the U.S. Supreme Court in Hikma Pharmaceuticals v. Amarin Pharma highlight the uncertain boundary between lawful generic competition through so-called skinny labels and induced patent infringement, with potential implications for patent holders’ communication, enforcement and causation strategies across industries, says Anton Hopen at Trenam.

  • A Framework For Habeas Relief After 5th Circ. Bond Ruling

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    Following the Fifth Circuit’s recent Buenrostro-Mendez v. Bondi decision foreclosing statutory bond for detained nonimmigrants not deemed admitted to the U.S., lawyers should adopt a framework that requests habeas relief pursuant to the Fifth Amendment’s due process clause, says Kemal Hepsen at Mandamus Lawyers.

  • 4th Circ. Ruling Will Rewrite Class Action Litigation Strategies

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    The Fourth Circuit's recent decision in Oliver v. Navy Federal Credit Union is the first from a federal circuit court to hold that motions to strike are inappropriate vehicles for challenging class allegations at the pleading stage, invalidating a tactic that had been used for decades, says Jim Francis at Francis Mailman.

  • Startup Founder Disputes Increasingly Turn On Governance

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    Recent Delaware developments suggest that as courts place increasing emphasis on board process, independence and oversight in founder-led startups, the growing intersection of governance, technology risk and investor oversight is accelerating both the emergence and escalation of founder disputes, says mediator Frank Burke.

  • 3 AI Adoption Mistakes GCs Should Avoid

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    The pressure in-house legal teams face to quickly adopt artificial intelligence tools, combined with budget constraints and the need to evaluate a crowded market of options, sets the stage for implementation mistakes that are often difficult to undo, says former 23andMe general counsel Guy Chayoun.

  • Series

    Playing Basketball Makes Me A Better Lawyer

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    My grandfather used to say "I wear your jersey" as shorthand for wholly committing to support someone with loyalty and integrity — ideals that have shaped my life on the basketball court and in legal practice, says Tracy Schimelfenig at Schimelfenig Legal.

  • Salt-N-Pepa Suit May Shake Up Music Copyright Issue

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    James v. UMG Recordings is a copyright termination rights case that provides an opportunity for the Second Circuit to make concrete choices about grant language, authorship, work-for-hire status and survival of derivative works, says attorney Abdul Abdullahi.

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