Appellate

  • August 18, 2026

    3rd Circ. Revisits Jury Instruction On Drug Custody Proof

    The Third Circuit has ruled that the government was not required to prove beyond a reasonable doubt the chain of custody for narcotics shown to a jury in a drug conspiracy and distribution case.

  • August 18, 2026

    Tax Court's Petition Deadline Isn't Flexible, 1st Circ. Rules

    The deadline for filing a petition in the U.S. Tax Court isn't a jurisdictional bar that prevents the court from hearing a Maine company's late-filed challenge of a transferee liability notice for unpaid taxes, but the deadline can't be extended to create fairness, the First Circuit said.

  • August 18, 2026

    2nd Circ. Lets Stand Cumulus' Nielsen Data Unbundling Order

    The Second Circuit declined Tuesday to reconsider a ruling that Nielsen cannot tie together sales of its local and national radio data, sustaining a win for the troubled Cumulus Media New Holdings Inc. even as the company tries to enforce the lower court's order against the ratings giant.

  • August 18, 2026

    4th Circ. Backs Block On ICE Actions At Houses Of Worship

    The Fourth Circuit on Tuesday affirmed a district court injunction blocking a 2025 U.S. Immigration and Customs Enforcement policy that loosened prior restrictions on immigration enforcement in houses of worship, finding it likely burdens the free exercise of religion.

  • August 18, 2026

    Fed. Circ. Won't Revive PTAB Challenge Of Westport Patents

    The Federal Circuit on Tuesday said the Patent Trial and Appeal Board was right when it declined to eliminate claims in a pair of fuel injection patents owned by Westport Fuel Systems Canada Inc., saying that Mercedes-Benz and an engineering and technology company didn't prove the invention's obviousness.

  • August 18, 2026

    11th Circ. Affirms Kickback Convictions For Pain Doc, Salesman

    The Eleventh Circuit on Tuesday affirmed the conviction and sentences of a Florida pain doctor and a salesman found guilty of participating in a kickback conspiracy for prescribing a fentanyl spray, ruling prosecutors had "overwhelming" evidence the men knowingly participated in "sham" drug promotion events.

  • August 18, 2026

    High Court Told It Must Block Ballroom To Balance Power

    The U.S. Supreme Court must deny President Donald Trump's bid to lift a ban on construction of a White House ballroom, a historical preservation nonprofit told the justices Tuesday, contending that a ruling in the president's favor would wrongly enable him to continue usurping Congress' authority and dodging judicial review.

  • August 18, 2026

    Sandy Hook Families Say Alex Jones Co. Can't Dodge Bond

    Sandy Hook Elementary School massacre victims' families have asked the Texas Supreme Court to dissolve an appeals court order blocking a receiver from deploying the assets of Alex Jones' Free Speech Systems LLC, saying the company is stalling a $1.3 billion judgment collection effort without posting the required bond.

  • August 18, 2026

    Mich. Panel Revives $900K Hyperbaric Chamber Coverage Suit

    A Michigan appellate court panel on Monday revived Corewell Health's suit seeking recovery of nearly $900,000 from State Farm Insurance for hyperbaric oxygen therapy that was provided to a child who suffered a traumatic brain injury after he was struck by a vehicle while riding his bike.

  • August 18, 2026

    Feds Tell 6th Circ. Ábrego García Prosecution Should Go On

    The Trump administration has urged the Sixth Circuit to revive its prosecution of Kilmar Ábrego García on human smuggling charges after the administration mistakenly deported him to El Salvador, arguing a Tennessee federal judge erred in finding a tainted investigation.

  • August 18, 2026

    LA Pot Partnership Deal Void, Calif. Appeals Court Says

    A California state appeals court has affirmed a lower court's determination that a partnership agreement tied to a group of medical marijuana dispensaries could not be enforced because it called for operations that violated a Los Angeles city ordinance.

  • August 18, 2026

    3rd Circ. Nixes Prof's Disability Bias Win, Calls For Trial

    The Third Circuit scrapped Tuesday an early win handed to a Kutztown University professor who claimed she faced disability discrimination when her requests to teach remotely to manage an autoimmune condition were denied, ruling the lower court was too quick to resolve the case given the disputes at play.

  • August 18, 2026

    MMA Law Tells 5th Circ. It Didn't Waive Hurricane Suit Fees

    MMA Law Firm has urged the Fifth Circuit to vacate a Texas federal district court ruling against it, arguing the district court did not have jurisdiction to hear an appeal of a bankruptcy court's decision to grant summary judgment in favor of a New Orleans law firm that took over hurricane damage cases that MMA had filed.

  • August 18, 2026

    Flawed Demand Letter Sinks Mass. Sewer Damage Suit

    Massachusetts' intermediate-level appellate court on Tuesday affirmed a pretrial win for the city of Chelsea in a suit by a building owner whose property was damaged by sewer water, pointing to an insufficient demand letter sent before the case was filed.

  • August 18, 2026

    Del. DOJ Says Saul Ewing Bill Ruling Put It In 'Untenable' Spot

    Delaware's Department of Justice wants the state's high court to undo a ruling allowing the ACLU to obtain Saul Ewing LLP invoices for work on a federal lawsuit over prison medical care, saying the decision puts "a new burden of proof on agencies" when dealing with public records requests.

  • August 18, 2026

    Pa. Justices Find 'Loophole' For Out-Of-State Pension Credit

    A public school teacher can claim credit in Pennsylvania's pension system for her years of service in Arizona because of an apparent "loophole" that doesn't bar such carryovers if the employee has cashed out their other state pension, the Pennsylvania Supreme Court ruled Tuesday.

  • August 18, 2026

    Ga. High Court Sidesteps Key Question In Bio-Lab Fire Case

    Whether Georgia residents who say they were exposed to harmful substances because of a 2024 fire at chlorine manufacturer Bio-Lab's factory can seek medical monitoring in their proposed class action is a question that should be answered in federal court, the Georgia Supreme Court said Tuesday.

  • August 18, 2026

    NJ Justices Signaled Likely End To Daniel's Law, Experts Say

    First Amendment experts said the New Jersey Supreme Court likely doomed the state's judicial privacy law when it found that the statute did not require those seeking damages to establish mental state, a decision that the Third Circuit hinted could result in the measure being struck down.

  • August 17, 2026

    Unfair Jury Instructions Challenged Too Late, 6th Circ. Says

    An Ohio man convicted of hiring two hitmen to kill a man for stealing hundreds of thousands of dollars in cash and jewelry from him cannot challenge his "almost certainly" unconstitutional mandatory life sentence, because he waited far too long to raise the matter, the Sixth Circuit said Friday.

  • August 17, 2026

    Experts See Looming Legal Disputes Over FCC Party Balance

    The U.S. Supreme Court's recent decision to ditch case law shielding independent federal agency members from presidential removal is unlikely to resolve ongoing controversy over White House control of the Federal Communications Commission, experts said Monday.

  • August 17, 2026

    Moderna, Arbutus Clash On Gov't Venue For Vax IP Claims

    Moderna Inc. has accused Arbutus Biopharma Corp. of turning a government contractor indemnification law "upside down" by arguing the COVID-19 vaccine supplier must face infringement litigation, while Arbutus says the government is wielding that relationship to dodge liability in two separate courts.

  • August 17, 2026

    Conn. Justices Wonder If Murder Witness Had A Deal

    A divided Connecticut Supreme Court has ruled that it needs more information before it can decide whether to grant a man's habeas corpus petition that argues prosecutors in his murder case misled a jury about a key witness's leniency agreement.

  • August 17, 2026

    NJ Justices Let Murder Defendant Undo Global Guilty Plea

    The New Jersey Supreme Court on Monday ruled a defendant in separate felony murder and armed robbery cases must be allowed to withdraw his global guilty plea after evidence used in both cases was suppressed on appeal.

  • August 17, 2026

    USPTO Backs Double Patent Policy Squires Wants Reviewed

    The U.S. Patent and Trademark Office has urged the Federal Circuit to uphold the rejection of a Sanofi patent application for double patenting, days after USPTO Director John Squires said in a separate case that the policy rationale underlying both disputes should be reconsidered.

  • August 17, 2026

    Happy Egg Breaks 'Pasture Raised' False Ad Class At 9th Circ.

    The Ninth Circuit on Monday threw out class certification of California and New York consumers accusing the company behind the Happy Egg brand of deceptively labeling egg cartons with promises that its hens are "pasture raised on over 8 acres."

Expert Analysis

  • Justices Stand On Statutory Specifics In Cisco And Landor

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    With its June 23 decisions in Cisco Systems Inc. v. Doe and Landor v. Louisiana Department of Corrections and Public Safety, the U.S. Supreme Court doubled down on the critical point that the statute invoked in a federal claim must authorize a private lawsuit and the remedy sought, says Patrick Judd at Phelps Dunbar.

  • Justices' Concurrences Foretell Fault Line On Appeal Waivers

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    The U.S. Supreme Court recently ruled 8-1 in Hunter v. U.S. that appeal waivers that produce a miscarriage of justice are unenforceable, but the decision's concurrences indicate future divisions over whether this exception will be used as a rare safety valve or to police ordinary but troubling plea errors, say attorneys at RJO.

  • How Montgomery Ruling Will Affect Cos. Across Supply Chain

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    Since the U.S. Supreme Court's May 14 decision in Montgomery v. Caribe Transport II, the immediate focus has been on freight brokers and negligent carrier-selection claims, but the ripple effects may extend to shippers, logistics providers, insurers, transportation managers and other participants in the supply chain, say attorneys at Quintairos Prieto.

  • High Court's FCC Fine Ruling Reframes Agency Enforcement

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    The U.S. Supreme Court's recent decision in Federal Communications Commission v. AT&T sweeps aside uncertainty about what kinds of regulatory enforcement trigger a Seventh Amendment right, say attorneys at Squire Patton.

  • How 6th Circ. Tightened NLRB Injunction Standard

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    The Sixth Circuit's recent ruling in Kerwin v. Trinity Health Grand Haven Hospital, dissolving a Section 10(j) injunction obtained by the National Labor Relations Board against an employer that refused to bargain, will make it harder for the NLRB to obtain injunctions while prosecuting unfair labor practice proceedings, say attorneys at Bass Berry.

  • After Durnell, Connecting Science And Causation Will Be Key

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    The U.S. Supreme Court's June 25 decision in Monsanto v. Durnell narrowed label-based failure-to-warn claims — meaning that going forward, viable theories will depend even more on whether experts can reliably connect scientific evidence to the causal proposition the law requires, says Alex Smolak at Weill Cornell Medicine-Qatar.

  • Series

    Choral Singing Makes Me A Better Lawyer

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    Singing in the New York City Bar Chorus — a hobby partly inspired by the late U.S. District Judge Richard Owen, who infused my clerkship year with opera music — has improved my legal career by refining my abilities to listen, exude confidence and develop emotional intelligence, says Bonnie Baker at Friedman Kaplan.

  • Attorney Mental Health Is An Ethical Obligation In The AI Era

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    As attorneys cope with the increasing unpredictability that artificial intelligence and constant policy changes have created, particularly in practice areas where they carry the emotional weight of clients’ most consequential life events, otherwise soft discussions about self-care are a matter of professional competence, says attorney Jack Jrada.

  • Tariff Refunds May Reshape Loan Covenant Calculations

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    Tariff refunds issued after the U.S. Supreme Court's Learning Resources decision may complicate borrowers' covenant calculations depending on accounting treatment, the timing of recognition, customer reimbursement obligations and credit agreement language, say attorneys at Mayer Brown.

  • The Case For Using Final-Offer Damages Forms In IP Suits

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    Recent Federal Circuit decisions, such as Ollnova v. Ecobee, that scrutinize verdict forms in patent infringement disputes potentially render the final-offer damages selection procedure more attractive, though it should not be seen as a replacement for patent damages doctrine, says Brandon Theiss at Addy Hart.

  • NY Defamation Carveout Hinges On Causation, Not Labels

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    A New York federal court's decisions in two cases involving tortious interference claims, and the recent Second Circuit ruling in Satanic Temple v. Newsweek Digital, highlight that the dispositive question for alleged defamation is whether injury flows through reputation or through direct interference with a relationship, says attorney Andrea Natale.

  • The Hidden Settlement Problem In Complex Securities Cases

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    The Second Circuit's recent decision in Knapp v. Barclays is a reminder that in securities cases with complex corporate records, the tracing picture is rarely as settled as the complaint suggests, and that conversations in the early stages require everyone to work from the same underlying facts, says Peter Kamminga at JAMS.

  • Key Tips For Patenting Antibody-Drug Conjugate Inventions

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    Recent decisions highlight the significant challenges that can arise when patenting antibody-drug conjugates, which require strategic considerations for satisfying heightened written description and enablement requirements, says Xiaoban Xin at FisherBroyles.

  • Series

    Power To The Paralegals: Burnout As A Structural Problem

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    Law firm leadership can best retain their paralegals not by encouraging self-care, but by seeking top-down structural solutions for the quiet proliferation of responsibilities and the vicarious exposure to client trauma that particularly drive burnout in this vital role, says Erika Sneeringer at Brockstedt Mandalas.

  • Managing Post-IEEPA Tariff Refunds, Replacements And Risks

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    Companies and investors reeling from the rapid changes resulting from February's U.S. Supreme Court ruling that the International Emergency Economic Powers Act doesn't authorize tariffs should focus on understanding the duty refund process, the likely replacement tariffs and the operational ways they can minimize their tariff exposure, say attorneys at Debevoise.

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