Appellate

  • September 15, 2026

    Empery Digital Loses Bid To Appeal Proxy Fight Ruling In Del.

    The Delaware Chancery Court has refused to let digital asset company Empery immediately appeal a ruling requiring it to put an activist investor's director slate on the ballot, finding the post-trial decision did not raise a novel legal issue warranting review before final judgment in the case.

  • September 14, 2026

    DOD's HIV-Positive Enlistee Ban Is 'Irrational,' 4th Circ. Told

    An attorney for people barred from joining the military for being HIV-positive called the policy irrational at a Monday en banc hearing at the Fourth Circuit, as some judges asked why they should scuttle that policy and overstep deference normally afforded to military leaders.

  • September 14, 2026

    5th Circ. Frees Ericsson Insurers In Terrorism Funding Row

    The Fifth Circuit found that multiple insurers have no duty to defend Ericsson Inc. against claims the company funded foreign terrorist organizations, saying that the suit brought by two groups of American victims of terrorist attacks alleged the company committed grave harm.

  • September 14, 2026

    7th Circ. Questions Union's Bid To Picket On Casino Sidewalk

    The Seventh Circuit seemed skeptical Monday of a Teamsters local's bid to picket on sidewalks outside a Caesars-owned casino as hundreds of employees work to unionize, suggesting the property seems too private to let the bargaining unit engage in its otherwise constitutionally protected activity.

  • September 14, 2026

    Fed. Circ. Saves Broadcom IP Suit, Says License Was Intact

    The Federal Circuit on Monday breathed new life into a company's patent and copyright infringement case against Broadcom Inc., saying in a precedential opinion that the plaintiff company didn't lose its right to bring the action when it switched its business to intellectual property enforcement.

  • September 14, 2026

    Fed. Circ. Vacates $486K, $4M Patent Trial Wins For NCS

    The Federal Circuit on Monday vacated NCS Multistage Inc.'s $486,400 trial victory over Nine Energy Service and its $4 million win against TCO Group, in a pair of disputes about the same oil well drilling patent.

  • September 14, 2026

    9th Circ. Rejects Challenge To Wash. Abortion Coverage Law

    Revisiting a church's First Amendment challenge to a Washington law mandating that certain health insurance plans include abortion coverage, a divided Ninth Circuit panel Monday concluded that the Cedar Park Assembly of God failed to point to evidence that Washington's Reproductive Parity Act targets religious conduct.

  • September 14, 2026

    Apple Urges High Court To Nix App Store Contempt Order

    Apple urged the U.S. Supreme Court on Monday to overturn a Ninth Circuit ruling that upheld a civil contempt order stemming from its decision to charge commissions to developers' transactions that steer users to cheaper outside payment methods to make purchases, saying it shouldn't be punished for violating the "spirit" of an injunction.

  • September 14, 2026

    ERISA Smoking Suit Must Be Arbitrated, Dollar General Says

    The Sixth Circuit should scuttle a proposed Employee Retirement Income Security Act class action against Dollar General by reviving and granting the company's motion to compel individual arbitration, Dollar General argued, saying a Tennessee federal judge didn't follow the right procedure when dispensing with the motion.

  • September 14, 2026

    Colo. Justices Clarify Requirement For Reviving Jury Trial Bid

    Colorado justices clarified Monday a rule on whether and when a party can revive a previously waived jury trial right by filing an amended pleading, unanimously rejecting a group of companies' argument that they timely revived their bid for a jury trial in a property damage dispute.

  • September 14, 2026

    Cumulus Tells 2nd Circ. Even Brief Stay Of Nielsen Order Is Bad

    Cumulus Media says it's going to be irreparably harmed if the Second Circuit doesn't lift the administrative stay it put in place stopping a preliminary injunction that Nielsen is challenging for the second time from going into effect while the appellate court looks at the matter.

  • September 14, 2026

    Pa. Top Court Snapshot: Ex-Sacks Weston Atty Discipline Case

    The Pennsylvania Supreme Court returns from its summer recess with arguments on exceptions to sovereign immunity, and which criteria to apply to an immigrant seeking in-home care benefits.

  • September 14, 2026

    Supreme Court Blocks USPS Mail Ballot Rules For Midterms

    The U.S. Postal Service cannot enforce new mail-in ballot regulations ahead of this year's midterm elections, the U.S. Supreme Court ruled Monday, agreeing with an earlier First Circuit order that maintained a prohibition on the purported election integrity measures taking effect.

  • September 14, 2026

    Pa. Panel Says Vigilante Video Doesn't Violate Wiretap Act

    The Pennsylvania Superior Court on Monday upheld a man's child pornography conviction, saying a vigilante group's video of his admissions, which police used to obtain a search warrant, did not violate the state's wiretap and recording law.

  • September 14, 2026

    9th Circ. Orders Review Of Border Patrol Facebook Records

    A Ninth Circuit panel on Monday conditionally vacated a man's conviction for illegally entering the U.S., ordering a district court to determine whether the government withheld evidence about the involved Border Patrol agents' activity in a Facebook group that joked about migrant deaths and hurled racist and sexist slurs.

  • September 14, 2026

    6th Circ. Revives Prisoner's Book Censorship Lawsuit

    The Sixth Circuit revived a lawsuit brought by a Michigan prisoner challenging prison officials for confiscating a book written by his sister, reversing a trial court decision that had granted summary judgment to the defendant after finding the prisoner failed to exhaust his administrative remedies under the Prison Litigation Reform Act.

  • September 14, 2026

    Colo. Justices Won't Review $3.36M Verdict Against Gas Co.

    The Colorado Supreme Court unanimously declined on Monday to hear the case of a natural gas marketing company appealing a $3.36 million jury verdict in favor of its former trading director who accused the company of failing to pay out a bonus related to his trades.

  • September 14, 2026

    5th Circ. Won't Hear 'My 600-lb Life' Reality Show Dispute

    A split Fifth Circuit refused to entertain legal questions about whether "My 600-lb Life" counts as reality television in a dispute over coverage for underlying suits brought by the show's participants, saying in a published opinion Monday that the show's producers forfeited the argument on appeal.

  • September 14, 2026

    Bove Rejects Recusal Bid Tied To DOJ Whistleblower Claims

    U.S. Circuit Judge Emil Bove declined Monday to recuse himself in a Third Circuit immigration case, saying the attorneys for the petitioner are "recycling a failed pre-confirmation political smear" on him.

  • September 14, 2026

    Calif. Panel Vacates Murder Conviction Of Pursuit Passenger

    A California appeals court has vacated the felony murder conviction of a passenger in a fatal police-pursuit crash, saying he was ineligible for the charge after a change in state law.

  • September 14, 2026

    Aetna Tells 5th Circ. DOL Can't Block Aramark Suit Arbitration

    Aetna Life Insurance Co. urged the Fifth Circuit on Monday against the U.S. Department of Labor's argument that uniform company Aramark Services Inc.'s health claims dispute with the insurer should remain in court, arguing a Texas judge erred in declining to enforce the parties' binding arbitration agreement.

  • September 14, 2026

    Mich. Justices Keep Judge Off Ballot, But 2 Urge Law Change

    The Michigan Supreme Court has declined to hear a Kalamazoo, Michigan, district court judge's challenge to her removal from the November ballot over an inaccurate affidavit of identity, leaving intact an appellate ruling that state election officials were required to reject her candidacy.

  • September 14, 2026

    9th Circ. Says Hyundai, Kia Parent Cos. Can't Slip Theft MDL

    The Ninth Circuit on Monday found that a district court wrongly dismissed insurers' claims against the Korea-based parent companies of Kia and Hyundai alleging their vehicles were susceptible to theft, saying the lower court must conduct further analysis to determine if it can exercise personal jurisdiction over them.

  • September 14, 2026

    Software Co. Urges Justices To Pause Thryv Order

    A Vermont software company has asked the U.S. Supreme Court to pause a D.C. Circuit mandate enforcing a Thryv remedy issued by the National Labor Relations Board, arguing that the high court will likely grant its upcoming petition challenging the circuit court's decision to uphold the mandate.

  • September 14, 2026

    Feds Want Justices To Skip Google 'Settled Expectations' Row

    The federal government is telling the U.S. Supreme Court that Google didn't meet the appropriate standard to get the Federal Circuit to look at the company's challenge to the U.S. Patent and Trademark Office's policy of using the age of patents as a reason not to review them.

Expert Analysis

  • Managing OSHA Mental Illness Logs After 5th Circ. Vacatur

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    Employers with facilities in multiple states need to carefully weigh their recordkeeping procedures following the Fifth Circuit’s recent decision that the Occupational Safety and Health Administration cannot require employers to log work-related mental illness, as inconsistent logs across facilities may raise other issues, say attorneys at Haynes Boone.

  • Expect More Probes After 3rd Circ. Algorithmic Pricing Ruling

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    The Third Circuit's recent decision in Cornish-Adebiyi v. Caesars Entertainment, allowing algorithmic price-fixing claims to proceed past motions to dismiss, may serve as a road map for how to contend with increased litigation risk in this developing area of antitrust law, say attorneys at BakerHostetler.

  • Series

    Being In A Band Made Me A Better Lawyer

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    Playing shows in storied New York City venues and rehearsing with my bandmates in poorly ventilated rooms helped develop the professional qualities I rely on as a litigator, including an ability to collaborate with strong-minded equals and the determination to treat each client with singular focus, says Eliad Shapiro at Herrick Feinstein.

  • 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.

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