Appellate

  • 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.

  • October 02, 2026

    Justices Seek Worker's Input On ERISA Arbitration Denial

    The U.S. Supreme Court has asked a 401(k) plan participant to reply to investment management company Capital Group's bid for review of a split Ninth Circuit ruling that refused to kick to arbitration her suit alleging underperforming proprietary offerings in the company's retirement plan.

  • October 02, 2026

    Del. Justices Back Dismissal Of Gemini's Bausch & Lomb Suit

    The Delaware Supreme Court has upheld the dismissal of Gemini Insurance Co.'s request to block Bausch & Lomb Americas Inc. from pursuing an insurance coverage fight in Louisiana, ruling that Gemini waived its argument that the case should have been transferable to Delaware Superior Court.

  • October 02, 2026

    Roberts Wants Less Talk. Supreme Court Attorneys Disagree.

    Near the end of last term, Chief Justice John Roberts voiced his frustration with the U.S. Supreme Court's lengthening oral argument sessions and suggested the justices might tweak their format over the summer. But as the new term begins Monday, the court has yet to announce any changes, and advocates see little need for improvement.

  • October 02, 2026

    2nd Circ. Forges Own Path In Limited Partner Tax Ruling

    The Second Circuit's decision limiting a self-employment tax break for limited partners with significant managerial roles reached a conclusion similar to that of a recent Fifth Circuit ruling, but practitioners said notable differences between them create a split requiring resolution by the IRS, the U.S. Supreme Court or Congress.

  • October 02, 2026

    5 Supreme Court Cases To Watch This Fall

    The U.S. Supreme Court will convene Monday to begin its 2026 October term, which includes several cases that could determine the future of climate change tort litigation, expand religious freedoms and parental rights, and grant states authority to require proof of citizenship when individuals register for presidential elections using state forms. 

Expert Analysis

  • 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.

  • 11th Circ. Ruling Reflects Shift In Digital Consent Frameworks

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    The Eleventh Circuit's recent decision in Tejon v. Zeus Networks that a browsewrap terms-of-service hyperlink was insufficiently conspicuous to bind a consumer to an arbitration agreement could accelerate a broader industry shift to clickwrap as the baseline for enforceable digital consent, say attorneys at Sheppard.

  • Class Actions At The Circuit Courts: June Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five recent rulings from cases involving allegations of internet data misuse, consumer fraud claims, immigration, insurance and First Amendment violation claims.

  • Fed. Circ. In May: Being Precise About 'About'

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    The Federal Circuit's decision in Enviro Tech v. Safe Foods last month illustrates the danger in attempting to expand claim scope with words of approximation, potentially causing claims to be invalid for lack of definiteness, say attorneys at Knobbe Martens.

  • Justices' FCC Fine Ruling May Weaken Agency Leverage

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    The U.S. Supreme Court's decision in Federal Communications Commission v. AT&T upheld the commission's forfeiture framework as consistent with Jarkesy, but it is also likely to reduce the effectiveness of the commission’s forfeiture proceedings as a collection and deterrence tool, say attorneys at Venable.

  • Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

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    An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

  • Google Antitrust Case Puts Spotlight On De Facto Exclusivity

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    Mozilla's recent amicus filing in U.S. v. Google arguing that its agreement to make Google the default search engine did not amount to de facto exclusivity highlights the growing debate over traditional indicators of exclusivity, with implications for any business that uses rebates, preferred contracts or volume incentives, says Chris Gowen at WilmU Farnan School of Law.

  • Justices' Montgomery Ruling Doesn't Expand Shipper Liability

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    Whether negligent hiring liability claims against shippers will increase after the U.S. Supreme Court's decision last month in Montgomery v. Caribe Transport II is anyone's guess, but the ruling itself will have no impact on shippers' actual liability in personal injury claims relating to trucking accidents, says Ronald Leibman at McCarter & English.

  • GHG Rescission Undermines State Climate Suit Preemption

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    As the U.S. Supreme Court considers the fate of state climate litigation in Suncor Energy Inc. v. Boulder County, it must confront the fact that the U.S. Environmental Protection Agency's rescission of its greenhouse gas endangerment finding has also removed the foundation for federal preemption of state climate suits, says attorney Gregg Goldfarb.

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