Appellate

  • October 05, 2026

    Justices Reject Teacher's Bid To Review Rehab Act's Scope 

    The U.S. Supreme Court on Monday rejected an Arkansas substitute schoolteacher's call to review whether a federal law barring disability discrimination in federally funded programs permits workplace bias lawsuits by independent contractors.

  • October 05, 2026

    Justices Won't Review If NJ Wage Laws Exclude Immigrants

    The U.S. Supreme Court declined on Monday to review a New Jersey high court ruling that allows unauthorized immigrant workers to pursue claims under the state's wage-and-hour laws.

  • October 05, 2026

    ​​​​​​​High Court Won't Revisit Groff Religious Accommodation Test

    The U.S. Supreme Court on Monday declined an invitation by a group of Washington firefighters to clarify whether the court's landmark 2023 decision in Groff v. DeJoy requires employers accused of illegally denying religious accommodations to show that the workplace adjustments present an actual hardship.

  • October 03, 2026

    Up First At High Court: Climate Torts & Munitions Disposal

    The U.S. Supreme Court will begin its new term on Monday, when the justices consider whether state courts have the authority to hear climate change lawsuits that seek to hold fossil fuel companies liable for local damages caused by greenhouse-gas emissions and whether federal courts can hear constitutional challenges to veterans benefits laws.

  • October 03, 2026

    Justice Alito Says He's Weighing The Best Time To Retire

    U.S. Supreme Court Justice Samuel Alito has confirmed that he considered retiring at the end of the high court's latest term, and that he will continue to weigh that decision "every term." 

  • October 02, 2026

    Pa. High Court Won't Order New Rape Trial Over DA Comment

    A divided Pennsylvania Supreme Court won't order a new rape trial for a man even though a prosecutor improperly implied the man's retaining an attorney was an indicator of guilt, finding the evidence in his case is so overwhelming that it outweighed the prosecutor's error. 

  • October 02, 2026

    Teva Ruling Creates Medicare Drug 'Chaos,' Full DC Circ. Told

    The federal government asked the full D.C. Circuit on Friday to reconsider a panel ruling allowing Teva to challenge Medicare's rules for deciding which drugs qualify for price negotiations, arguing the decision invites litigation that could create drug-pricing "chaos" and cause drug prices to quickly leap by more than 550%.

  • October 02, 2026

    Trump Asks 9th Circ. To Pause Seattle US Atty Reinstatement

    The Trump administration called on the Ninth Circuit Friday to suspend a federal judge's Thursday order reinstating Roger Rogoff as U.S. attorney for the Western District of Washington, seeking to keep Charles Neil Floyd as acting head of the Seattle office pending the government's appeal.

  • October 02, 2026

    Pa. Justices Reject Federal Limits On Agency Deference

    Pennsylvania courts do not have to follow federal precedents that limit deference to a state agency's interpretation of unclear regulations, with a majority of the state's highest court finding Thursday that an agency interpretation can be one of multiple factors for analyzing an ambiguous regulation.

  • October 02, 2026

    AGs, Enviros Sue Over Rollback Of Biden-Era Fuel Standards

    The Trump administration was hit with multiple suits by a coalition of 27 attorneys general and environmental groups Friday challenging the National Highway Traffic Safety Administration's recent decision to roll back Biden-era fuel economy standards for passenger cars and light trucks.

  • October 02, 2026

    Foggy Precedent Gives Deportee Shot At Venue Appeal

    A Venezuelan man suing the U.S. over his deportation to the CECOT megaprison in El Salvador can appeal the transfer of his case from Washington, D.C., to Texas, as a D.C. federal judge has decided clarity is needed on how the court determines where to adjudicate federal tort claims. 

  • October 02, 2026

    Texas Justices Won't Review Nixed $64M Credit Suisse Verdict

    The Texas Supreme Court on Friday declined to hear an appeal of a decision that wiped away a $64 million award to a subsidiary of a Dallas investment company following alleged fraud by Credit Suisse surrounding lending for a luxury Nevada community.

  • October 02, 2026

    Venezuela Seeks Pause In 3rd Circ. Appeal Of Citgo Sale

    Venezuela has asked the Third Circuit to pause its appeal of a Delaware judge's order greenlighting the nearly $6 billion sale of Citgo just weeks before scheduled oral arguments that were already delayed, pointing Friday to a "new Venezuelan reality" under President Delcy Rodríguez.

  • October 02, 2026

    Texas Justices Agree To Hear BNSF, Zurich Asbestos Suit

    The Texas Supreme Court Friday agreed to take up Zurich American Insurance Co.'s challenge to a finding that it must continue to pay for the defense of BNSF Railway against hundreds of asbestos exposure suits.

  • October 02, 2026

    3rd Circ. AI Ruling May Reach Beyond Westlaw Content Fight

    The Third Circuit went out of its way to say its ruling against a defunct legal research startup was not a generative artificial intelligence case, but copyright lawyers expect the reach of its reasoning to be tested almost immediately in pending AI litigation.

  • October 02, 2026

    Medivis Gets Some AR Device Patent Claims Cut In Remand

    After the Federal Circuit faulted the Patent Trial and Appeal Board for upholding a Novarad Corp. patent on augmented reality technology for surgeons, the board found on remand that Medivis Inc. had shown that some patent claims are invalid, but not others.

  • October 02, 2026

    Trump Urges Ga. Court To Keep DA Out Of $16M Fee Dispute

    President Donald Trump and other former defendants in a dismissed election interference case urged a Georgia appellate court to uphold an order blocking Fulton County District Attorney Fani Willis from intervening in their bid to recoup $16 million in legal fees.

  • October 02, 2026

    Fla. Firm Knew It Had To Secure Lender Notes, 11th Circ. Told

    A Puerto Rican microcap lender asked the Eleventh Circuit on Friday to overturn a trial verdict in favor of a law firm that the lender accused of botching several financial transactions, arguing jurors should've found that the firm committed malpractice by failing to secure the company's assets in bankruptcy proceedings.

  • October 02, 2026

    Meet The Attys Arguing Colo. Climate Tort At The High Court

    U.S. Supreme Court oral arguments over the future of climate change torts against energy companies on Monday will feature a trio of attorneys who have spent plenty of time at the high court's lectern. Here's who will be arguing for or against letting the city and county of Boulder, Colorado's climate lawsuit against ExxonMobil and Suncor Energy proceed in state court.

  • October 02, 2026

    Judge Clevenger Retires After 36 Years On Fed. Circ.

    U.S. Circuit Judge Raymond C. Clevenger III has retired from the Federal Circuit, 20 years after taking senior status, the court said Friday.

  • October 02, 2026

    Fed. Circ. Affirms Corteva Unit IP Loss Days After Inari Deal

    The Federal Circuit on Friday refused to revive a patent owned by a unit of a DowDuPont spinoff covering a plant gene resistant to weed killers, agreeing with the Patent Trial and Appeal Board's determination that it wasn't enabled.

  • October 02, 2026

    Full Fed. Circ. Won't Review NPE Marking, Ramey Sanctions

    The Federal Circuit on Friday said it won't rethink its ruling that patent owners must ensure that all licensees mark their products with patent information in order to recover presuit damages, nor its denial of patent attorney William Ramey's appeal of sanctions against him at a lower court.

  • October 02, 2026

    DOJ Envisions 'Full-Fledged Law Firm' To Combat Gov't Fraud

    The National Fraud Enforcement Division was created less than six months ago, but it is rapidly reshaping the U.S. Department of Justice and spurring an uptick in internal corporate investigations, white collar experts say.

  • October 02, 2026

    Nurse Can't Get 9th Circ. To Reopen COVID-19 Vax Bias Suit

    A split Ninth Circuit panel refused Friday to reinstate a lawsuit alleging an Oregon healthcare system violated the First Amendment when it refused to excuse a nurse from its COVID-19 vaccination mandate, concluding the hospital had demonstrated it would've been too difficult to let her skip the jab.

  • October 02, 2026

    6th Circ. Blocks 100s Of Opioid MDL Cases Targeting PBMs

    The Sixth Circuit on Friday overturned a pivotal decision in multidistrict opioid litigation that had dramatically expanded claims against the nation's largest pharmacy benefit managers, saying the MDL's presiding judge "clearly abused" his authority by belatedly allowing hundreds of new cases in one fell swoop.

Expert Analysis

  • Notable Q2 Updates In Insurance Class Actions

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    After 2026's second quarter, there is more authority rejecting class certification on total loss valuation theories from courts at the federal circuit, federal district and state appellate level — along with a resolution of a novel issue of depreciation on a wildfire claim, says Kevin Zimmerman at BakerHostetler.

  • 10th Circ. Ruling Undermines False Ad 'Two Clicks' Rule

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    The Tenth Circuit’s recent ruling in KetoNatural Pet Foods v. Hill's Pet Nutrition substantially challenges a long-standing assumption that a company can avoid responsibility for promotional claims simply because the consumer encountered them by clicking a hyperlink to a third-party website, say attorneys at Venable.

  • How Drug Trial Prediction Markets Pose Insider Trading Risks

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    Multiple prediction market platforms have recently announced plans to offer event contracts related to clinical trial outcomes and regulatory decisions, creating new insider trading risks by expanding the group of people possessing related material nonpublic information far beyond traditional corporate insiders, say attorneys at King & Spalding.

  • Mich. Ruling Gives Consumer Protection Law Its Teeth Back

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    The Michigan Supreme Court's recent decision in Attorney General v. Eli Lilly, overruling key holdings in two earlier cases, means that Michigan businesses can no longer defeat allegations of deceptive conduct under the state's consumer protection law simply by pointing to any governmental regulation of the business, say attorneys at DiCello Levitt.

  • Series

    Law School's Missed Lessons: Surviving A Long Trial

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    Most of law school trial advocacy is geared toward the sprint of trying a short case, but beyond managing a cross-examination or closing argument, effectively handling the marathon of a lengthy trial requires the ability to maintain composure, organization and credibility with the jury, says Mihir Elchuri at Hirschler.

  • A Deepening Patent-Trademark Divide Over Irreparable Harm

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    Recent Federal Circuit decisions, along with legislation being considered in Congress, may exacerbate the differences that patent owners and trademark owners face when seeking to stop infringement before irreparable harm is caused, say attorneys at BakerHostetler.

  • 7th Circ. Ruling May Reduce Litigation Risk For Text Marketers

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    The recent Seventh Circuit holding in Steidinger v. Blackstone Medical Services that unwanted marketing text messages are not telephone calls under the Telephone Consumer Protection Act may strengthen companies' responses to presuit demand letters and early-stage litigation claims premised on do-not-call text theories, say attorneys at Holland & Knight.

  • How Calif. Ruling Defines Drug Cos.' R&D Responsibilities

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    The California Supreme Court's recent ruling in the Gilead Tenofovir Cases, which held that drugmakers have no duty to bring allegedly safer alternatives to market more quickly, is a win for pharmaceutical companies — but not a grant of blanket immunity for all early-stage drug development decisions, say attorneys at King & Spalding.

  • Whiskey Business: Parsing The 9th Circ. Jack Daniel's IP Toss

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    The Ninth Circuit's recent ruling in VIP Products v. Jack Daniel's, holding a toy did not tarnish the whiskey maker's trademarks, gives fact-finders great latitude by showing that there may exist no categories of per se tarnishing content, says attorney Sara Gold.

  • Calif. Justices' Ruling Reshapes Midcase Appeal Strategy

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    The California Supreme Court's recent decision in Maniago v. Desert Cardiology Consultants holds that voluntary dismissal cannot be used as a shortcut to appellate review of interlocutory orders, resolving a long-running appellate split and pushing litigants to use alternative procedural tools, says Josh Patashnik at Ashurst Perkins Coie.

  • Fed. Circ.'s Thermostat Ruling Holds Patent Jury Trial Lessons

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    The Federal Circuit's recent decision in Ollnova v. Ecobee, throwing out a $11.5 million patent infringement award, clarifies key rules for jury verdict forms and sends an important message on patent subject matter eligibility, says Bijal Vakil at Skadden.

  • 5 IP Licensing Lessons From Fed. Circ. Asphalt Ruling

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    The Federal Circuit's recent decision in A.L.M. v. Zydex, concerning infringement of asphalt-related patents, clarifies what licensing terms are considered sufficiently exclusionary for constitutional standing, and provides helpful guidance for ensuring the enforceability of patent rights, say attorneys at Sterne Kessler.

  • Series

    Going To Hardcore Shows Makes Me A Better Lawyer

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    While government contracts law and the hardcore scene may seem entirely unrelated, in my experience, both are about community, focus, being prepared for the unexpected and managing chaos, says Isaac Natter at Fluet.

  • 9th Circ. Ruling Exposes A Flaw In Federal Trade Secrets Law

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    The Ninth Circuit's recent decision in Comet Technologies v. XP Power, addressing a difference between the federal Defend Trade Secrets Act and California's Uniform Trade Secrets Act, shows why the DTSA's requirement that claimed trade secrets not be readily ascertainable is inherently problematic, say attorneys at Buchalter.

  • Opinion

    Birthright Citizenship Dissents Belie Originalist Interpretation

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    The three dissents in the U.S. Supreme Court's recent birthright citizenship decision clashed with originalist readings of the Constitution, applying the 14th Amendment more narrowly than its drafters, and by applying contemporary and living document approaches to constitutional interpretation, says Ediberto Roman at Florida International University.

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