Appellate

  • June 25, 2026

    8th Circ. Backs Immunity In DAPL Protest Injury Dispute

    A panel of the Eighth Circuit has upheld a decision to dismiss a challenge by an environmentalist who was severely injured by North Dakota law enforcement during a protest over the Dakota Access pipeline, finding the officers are entitled to immunity and her claims of 14th Amendment violations do not meet a "shocks the conscience" threshold.

  • June 25, 2026

    Senate Confirming Judges Faster Than In Trump's 1st Term

    The Senate has confirmed 45 judges in the second Trump term, outpacing the rate of his first administration, Senate Republicans announced on Thursday.

  • June 25, 2026

    7th Circ. Won't Reinstate Trans Bus Driver's Bias Suit

    The Seventh Circuit declined to revive a transgender bus driver's suit claiming the Chicago Transit Authority fired him due to his gender identity, ruling he failed to show the decision was driven by prejudice rather than claims that he took medical leave that wasn't approved.

  • June 25, 2026

    11th Circ. Revives Cheerleading 'Worlds' Trademark Suit

    The Eleventh Circuit has revived U.S. All Star Federation's lawsuit alleging a rival ripped off the competitive cheerleading organizational body's signature event's name, saying there were factual issues over the nature of the trademarks at issue.

  • June 25, 2026

    High Court Strikes Down Hawaii Gun Restrictions

    The U.S. Supreme Court ruled Thursday that a Hawaii law banning people from bringing firearms onto private property open to the public without express permission from the owner violates the Second and 14th amendments.

  • June 25, 2026

    Justices Let Trump End Temporary Status For Haiti, Syria

    The U.S. Supreme Court on Thursday gave the green light to the Trump administration to move forward with ending temporary protected status for Haitians and Syrians, ruling that courts are barred from reviewing such determinations.

  • June 25, 2026

    Monsanto Wins High Court Fight Over Roundup Cancer Warnings

    The U.S. Supreme Court on Thursday handed Monsanto a win in its long-running litigation battle over the labeling of alleged cancer risks of its bestselling weedkiller Roundup, clearing the path for a $7.25 billion settlement to end thousands of suits facing the Bayer AG unit by finding that the state law claims underlying a $1.25 million jury verdict are barred.

  • June 25, 2026

    Justices Say Asylum Rights Begin On US Soil

    The U.S. Supreme Court on Thursday ruled that federal immigration officials can turn away noncitizens without valid travel documents who haven't physically crossed the southern border when U.S. ports of entry are at capacity.

  • June 24, 2026

    Atty DQ Over Inadvertent Doc Disclosure Overturned

    A California state appeals court has upended the disqualification of defense counsel in a sexual battery suit, saying documents undermining the case that were accidentally produced via a Dropbox link were not privileged.

  • June 24, 2026

    Mich. Tribe Says BCBS Hid Facts Behind ERISA Time Bar

    Counsel for the Saginaw Chippewa Indian Tribe of Michigan told a Sixth Circuit panel Wednesday that claims against Blue Cross Blue Shield that it did not seek lower, Medicare-like rates for the tribe's plan members should not be time-barred because tribe members did not know until 2014 that the insurance company had been overpaying for coverage.

  • June 24, 2026

    4th Circ. Says Cyber Co. Owes Nothing In Licensing Row

    The Fourth Circuit has said a Virginia federal court got it right the second time when dispensing with a long-running dispute between cybersecurity company Vir2us and a cloud-enabled cybersecurity firm that Vir2us says owes it royalties under a patent licensing deal.

  • June 24, 2026

    Mass. SJC Backs DNA Testing In Self-Defense Murder Bid

    A man who was convicted in 2007 of murdering his girlfriend should have been allowed to ask for DNA testing of the handles of knives he said she attacked him with, Massachusetts' highest court said Wednesday.

  • June 24, 2026

    Split 2nd Circ. Denies Bail To NYPD Bribery Case Cooperator

    A split Second Circuit panel has denied bail for a man once described by prosecutors as "one of the single most important" cooperating witnesses in the recent history of the Southern District of New York while he appeals his conviction in a police bribery scheme.

  • June 24, 2026

    Fla. Panel Reverses Multiplied Atty Fee In Irma Coverage Row

    A Florida state appeals court on Wednesday affirmed the award of $389,362 in attorney fees for a firm that represented a homeowner in a Hurricane Irma coverage dispute, but found that a lower court unjustifiably multiplied the award to bring it up to roughly $1 million.

  • June 24, 2026

    Fed. Circ. Nixes Protest Over VA Endoscopy System Contract

    The Federal Circuit ruled Wednesday that a healthcare IT company lacks standing to protest the U.S. Department of Veterans Affairs' awarding of a contract for a system to manage clinical information for endoscopy procedures, further finding the solicitation patently ambiguous.

  • June 24, 2026

    McIver Says 3rd Circ. Must Hear Bias Claim Now In ICE Dispute

    A Third Circuit panel wrestled Wednesday with whether it has authority to hear claims from U.S. Rep. LaMonica McIver, D-N.J., that the Trump administration's criminal indictment against her for assaulting federal officers outside an immigration detention center was vindictive.

  • June 24, 2026

    9th Circ. Reopens Alaska Airlines Workers' Religious Bias Suit

    The Ninth Circuit on Wednesday revived a suit from two flight attendants claiming they were illegally fired by Alaska Airlines and abandoned by their union for opposing the airline's support for LGBTQ+ rights, saying they demonstrated a plausible dispute about whether Alaska terminated them based on their religious beliefs.

  • June 24, 2026

    Doc's Defamation Claim Against Cigna Barred By ERISA

    In a precedential opinion dealing with an issue of first impression, the Third Circuit on Wednesday held that the Employee Retirement Income Security Act preempts a doctor's defamation claim against Cigna because the statements stemmed from the administration of his patients' health plans.

  • June 24, 2026

    11th Circ. Urged To Toss Convictions In $1.4B Hospital Fraud

    Two brothers convicted in a $1.4 billion scheme to bill insurers inflated rates for drug tests told the Eleventh Circuit on Wednesday that there was insufficient evidence to support their convictions and that they should have been allowed an evidentiary hearing after potential juror misconduct emerged following the trial.

  • June 24, 2026

    10th Circ. Revives Tribe's Okla. Lotto Exclusivity Fee Suit

    A Tenth Circuit panel remanded a determination that the Wichita and Affiliated Tribes don't have Article II standing to be excused from paying exclusivity fees under provisions of an Oklahoma-tribal gaming compact, saying their injuries are fairly traceable to Gov. Kevin Stitt's decision to change the state's electronic gaming laws.

  • June 24, 2026

    Wells Fargo Forfeiture Suit Falls Short Again

    A Minnesota federal judge tossed a proposed class action against Wells Fargo alleging the bank misspent 401(k) forfeitures, holding on Wednesday for a second time that the ex-worker who sued lacked standing to bring his claims.

  • June 24, 2026

    Ex-Quinn Emanuel Atty To Lead Kirkland's Appellate Practice

    Kirkland & Ellis LLP announced Wednesday it has rehired a former associate, who most recently was a national appellate practice co-chair at Quinn Emanuel Urquhart & Sullivan LLP, to be the leader of its Supreme Court and appellate practice.

  • June 24, 2026

    11th Circ. Says Late Charge Dooms Sedgwick Age Bias Suit

    The Eleventh Circuit backed benefits administrator Sedgwick's win on Wednesday in a former worker's age bias suit alleging the company unfairly criticized her performance and fired her, ruling her case fell flat because she filed her presuit bias charge with the U.S. Equal Employment Opportunity Commission too late.

  • June 24, 2026

    State Police Sgt. Can't Escape Race Bias Suit, 4th Circ. Says

    A Maryland State Police sergeant must face a lawsuit alleging he excluded two Black task force members from meetings and failed to address a subordinate officer's racist text message, with the Fourth Circuit ruling Wednesday that a reasonable supervisor would've understood his actions violated civil rights law.

  • June 24, 2026

    Fed. Circ. Won't Revisit Ruling On $1.5B IT Contract Correction

    The Federal Circuit declined an IT contractor's request to rehear a case that led to the U.S. Department of Commerce taking corrective action over a $1.5 billion procurement during litigation.

Expert Analysis

  • 9th Circ. Cooler Ruling Chills 1st Mover Lanham Act Claims

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    The Ninth Circuit's recent decision in Vericool World v. Igloo Products that Vericool's claim of being first-to-market with an ecocooler was not actionable under the Lanham Act largely foreclosed false advertising litigation over first mover status, so potential plaintiffs should instead look to patent counseling or intellectual property strategy for these claims, say attorneys at Manatt.

  • Mapping 5 Fronts Of The Prediction Markets Regulatory Battle

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    The legal framework governing prediction markets is under simultaneous challenge in five independent areas, and the outcomes will determine not just who can operate prediction markets, but the compliance obligations of every participant in the ecosystem, says Ivor Wolk at Manatt.

  • Patent Ruling Highlights Risks Of Late Inventorship Fixes

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    The Federal Circuit's recent decision in Implicit v. Sonos demonstrates the risk of forfeiture with retroactive correction of inventorship in inter partes review proceedings, with a clear message to the patent community that potential inventorship issues should be considered at every stage of a patent's life cycle, say attorneys at BCLP.

  • Adjusting IPR Tactics As Google Fights 'Settled Expectations'

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    Google’s petition for the U.S. Supreme Court to scrutinize the Patent Trial and Appeal Board's so-called settled expectations practice underscores why accused infringers facing older asserted patents should treat discretionary denial as a case-dispositive risk from day one, says attorney Abdul Abdullahi.

  • 3 Misconceptions About Justices' FCC Fines Ruling

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    The U.S. Supreme Court's June 4 Federal Communications Commission v. AT&T decision rejecting AT&T’s and Verizon’s argument that the commission's forfeiture process violates the Seventh Amendment has yielded three common reactions that misunderstand the decision as a matter of law and how the FCC actually operates, says Samuel Feder at Jenner & Block.

  • SEC Disgorged Fund Distribution Is Next Query After Sripetch

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    Following the Supreme Court's Sripetch v. U.S. Securities and Exchange Commission decision, investor harm isn't required for the SEC to obtain a disgorgement award, but future cases must resolve whether the commission will be freed from a requirement to distribute disgorged funds to the victims of alleged misconduct, says Daniel Walfish at Katsky Korins.

  • If Upheld, Wash. Millionaire Tax Could Upend State Law

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    The Washington Supreme Court could open the door to broader income, rental and corporate taxes if it defies precedent and the historically established desires of voters by redefining the state constitution's concepts of “income” and “property” to uphold a new tax on wages over $1 million, says Richard Birmingham at Davis Wright.

  • Trump Admin's Agency Records Purge Tests Judicial Notice

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    While courts commonly take judicial notice of data in government websites and reports, the Trump administration's recent modification or wholesale deletion of these sources means that litigants must look elsewhere to support trial admission of this information, says Jon Gryskiewicz at Lewis Baach.

  • Series

    Cow Horse Makes Me A Better Lawyer

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    Moving an unwilling 800-pound cow while riding a horse at high speed is exhilarating, a little unhinged and, at least for me, a surprisingly effective training ground for litigation — both demand focus, preparation over rigid planning and the willingness to act despite fear, says Ashley Zitrin at Glenn Agre.

  • Fla. Driver Ruling Shows Renewed Focus On Privacy Standing

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    A Florida federal court's recent dismissal of a class action alleging that private driving records had been improperly used in violation of the Driver's Privacy Protection Act suggests that companies defending against privacy class actions in Florida may reconsider Article III challenges at the dismissal stage, say attorneys at Sidley.

  • Vax Ruling Offers Employer Tips For Handling Political Speech

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    A California appeals court's recent decision in Rademacher v. ABC, rejecting a "General Hospital" actor's suit alleging he was terminated for opposing a vaccine policy, demonstrates the importance of the employer's process, including neutral policies, documentation, and evidence of who knew what and when, say attorneys at Krevolin Horst.

  • O Brother, Where Art DAO? Jurisdiction Issues Abound

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    While there is a dearth of decisions examining a decentralized autonomous organization's citizenship for diversity jurisdiction purposes, Second Circuit case law has defined citizenship for other unincorporated entities, which may guide how courts evaluate an increasing number of cases involving DAOs, says Michael Mix at Morrison Cohen.

  • Protecting AI-Driven Innovation In Life Sciences IP

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    Recent developments, including the U.S. Patent and Trademark Office's evolving inventorship standards, and the impact of artificial intelligence on the "person of ordinary skill in the art" standard demand that life sciences companies elevate AI patent strategy to a top priority, says Sandra Haberny at Quinn Emanuel.

  • 2nd Circ. Ruling Notably Limits Sentencing Courts' Discretion

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    The Second Circuit’s recent decision in U.S. v. Dralle clarifies the bounds of sentencing courts’ ability to consider uncharged or co-defendant conduct without tying it to statutory sentencing factors, and it may have broader implications for limiting loss attribution in white collar and other criminal cases, say attorneys at Lowenstein Sandler.

  • High Court's Hikma Decision Reshapes 'Skinny Label' Suits

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    The U.S. Supreme Court's decision in Hikma v. Amarin marks a significant victory for generic drug manufacturers, but rather than putting an end to so-called skinny label inducement claims, it narrows and refocuses them, say attorneys at Sterne Kessler.

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