Appellate

  • August 11, 2026

    Full Fed. Circ. Declines To Revisit Design Patent Test

    The full Federal Circuit on Tuesday refused to review the test for proving design patent infringement, rejecting a massage device maker's argument that the court has strayed from U.S. Supreme Court precedent but drawing a dissent arguing the court has "messed up" the law.

  • August 11, 2026

    9th Circ. Would Lose 5 States In Latest Reorganization Bid

    Republicans are once again trying to break up the U.S. Court of Appeals for the Ninth Circuit, which has long been dominated by judges appointed by Democratic presidents.

  • August 11, 2026

    Fed. Circ. Revives Man's Vax Injury Case, Citing Mail Delay

    The Federal Circuit reversed a U.S. Court of Federal Claims decision that rejected a man's case seeking vaccine injury compensation, concluding that the court wrongly faulted him for the late arrival of his petition.

  • August 11, 2026

    Mich. County Urges Panel To Clarify FOIA Duties

    Wayne County, Michigan, asked a state appeals court Tuesday to determine whether separate offices within the same county must each respond to duplicate public records requests, arguing multiple responses could unnecessarily expose taxpayers to attorney fees and costs.

  • August 11, 2026

    Cumulus Can't Yet Enforce Tying Injunction Against Nielsen

    The Second Circuit may have upheld a preliminary injunction blocking Nielsen from making Cumulus Media buy its local offerings to gain access to its national radio ratings data, but a New York federal judge says that injunction can't be enforced until the circuit court decides whether it will rehear the case en banc.

  • August 11, 2026

    FedEx Urges Justices To Assess Limits On PTAB RPI Appeals

    FedEx Corp. has asked the U.S. Supreme Court to scrutinize a Federal Circuit decision declining to review whether Qualcomm complied with real-party-in-interest requirements in petitions challenging FedEx patents, despite the U.S. Patent and Trademark Office conceding an error in the case.

  • August 11, 2026

    Judge Probes 7th Circ. Fallout Of Ending Gender Care Fight

    An Illinois federal judge questioned Tuesday what would become of a pending appeal before the full Seventh Circuit if he allows the American Academy of Pediatrics to voluntarily dismiss, without prejudice, its challenge to a Florida racketeering probe over the medical group's gender-affirming care guidelines, an issue one attorney predicted would be "hotly contested."

  • August 11, 2026

    Rebel Wilson Seeks To Boost Cross Suit Against Producers

    A California state court judge at a Tuesday hearing said he would give more thought to whether Rebel Wilson can file a third amended cross-complaint against producers of her musical film "The Deb," who accused the actress of defamation after Wilson's attorney disputed that the proposed complaint contained "inflammatory" language.

  • August 11, 2026

    'ICEBreakers' Sue Fla. College Over Violating Right To Protest

    Several students sued Miami university officials in a First Amendment action brought Tuesday in Florida federal court, alleging they were wrongly disciplined for participating in a silent protest against federal immigration enforcement tactics during a campus event earlier this year.

  • August 11, 2026

    NY Archdiocese Renews Call For Chubb Punitive Damages

    The Archdiocese of New York is taking a second bite at the apple in state appeals court with a request for punitive damages against Chubb, alleging the insurer ran a "shadow campaign" against the archdiocese even as it was defending the church against a slew of sex abuse lawsuits.

  • August 11, 2026

    DC Circ. Says FERC Properly Allowed Grid Project Cost Shift

    The D.C. Circuit on Tuesday backed Federal Energy Regulatory Commission orders greenlighting the exemption of a Kansas electricity cooperative's transmission projects from a regional grid operator's process to determine how project costs are divided before they're approved.

  • August 11, 2026

    Fed. Circ. Says Brick Duty Lacks Definition, Offers Alternative

    The U.S. Court of International Trade properly found that duty orders on certain heat-resistant bricks lack specific chemical makeup parameters, offering a broad exclusion for one type of brick that may be better challenged with a circumvention proceeding, a Federal Circuit panel ruled Tuesday.

  • August 11, 2026

    1st Circ. Won't Immediately Stay TPS Work Permit Cap

    The First Circuit has declined to administratively stay the federal government's move to limit work authorization for immigrants with temporary protected status, but set a Friday deadline to complete briefing and indicated a swift ruling is coming.

  • August 11, 2026

    FTC Tells DC Circ. No Harm From Dropped NewsGuard Probe

    The Federal Trade Commission told the D.C. Circuit that NewsGuard has not shown irreparable harm from a subpoena that was later withdrawn, or from the terms of a merger settlement, in a case accusing the commission of retaliating against the news rating group.

  • August 11, 2026

    DOJ Drops 3rd Circ. Bid For Pa. Hospital Trans Patient Info

    The U.S. Department of Justice has dropped its request for the Third Circuit to review a district court's order quashing its demand for records on patients who received gender-affirming care at a University of Pittsburgh Medical Center children's hospital, effectively ending its subpoena fight in the district.

  • August 11, 2026

    NC Wants A Retrial In Killing Of NBA Star's Grandfather

    State prosecutors told a North Carolina Court of Appeals panel during arguments on Tuesday that a trial court judge overstepped by vacating the convictions of four men found guilty as teenagers of murdering NBA star Chris Paul's grandfather in 2002, saying the only remedy was to order a new trial.

  • August 11, 2026

    8th Circ. Says Rape Kit Victim Can't Sue Over Delay

    The Eighth Circuit has ruled that a Minnesota woman lacks standing to sue a police department that failed to test her rape kit evidence for over 16 years, because police decisions on how or whether to investigate a crime are discretionary functions.

  • August 11, 2026

    Ga. Justices Call For Balancing Privacy Rights In Herpes Suit

    Georgia's top court ruled Tuesday that the privacy rights of a man accused of giving his ex-girlfriend genital herpes must be balanced against her interest in obtaining medical records to support her claims, resolving what the justices called a novel question.

  • August 11, 2026

    Viks Ask Conn. Justices To End Deutsche Bank's 2nd Lawsuit

    Alexander Vik and his daughter have asked the Connecticut Supreme Court to spare them from a revived Deutsche Bank AG lawsuit that claims they disrupted a Norwegian software company's share sale designed to partially satisfy a $243 million English court judgment, arguing a lower appeals court ruling was flawed.

  • August 11, 2026

    Fed. Circ. Says Floor Importers Forfeited Duty Rate Appeal

    Importers forfeited arguments in an appeal to the U.S. Court of International Trade's ruling that sustained revised antidumping duties on Chinese wood flooring, according to an opinion in favor of the U.S. government published Tuesday.

  • August 11, 2026

    4th Circ. Says Late Notice Bars $5.1M Fatal Crash Coverage

    The Fourth Circuit said an insurer owes no defense or coverage for a $5.1 million default judgment against a truck driver in a wrongful death case, finding the insurer wasn't timely notified of the underlying suit and a federally mandated policy endorsement for motor carriers doesn't extend to the driver.

  • August 11, 2026

    10th Circ. Revives Pizza Driver's Minimum Wage Suit

    A pizza delivery driver who alleged his employer failed to cover his vehicle expenses has won a second chance at his minimum wage claims after the Tenth Circuit ruled Tuesday that the district court made a fundamental error by deciding a merits question under the guise of a standing analysis.

  • August 11, 2026

    Netflix Presses 10th Circ. To Leave 'Tiger King' Ruling Intact

    Netflix Inc. has urged the Tenth Circuit to reject a bid to revisit its ruling that the streaming giant made fair use of a 66-second funeral clip in its "Tiger King" docuseries, arguing the panel faithfully applied U.S. Supreme Court precedent and did not create special fair use protection for documentaries.

  • August 11, 2026

    Ohio Justices Advance Possible Ashville Data Center Vote

    An emergency resolution the village of Ashville passed to support a data center project failed to spell out any actual emergency justification for the measure, the Ohio Supreme Court ruled, clearing a path for a possible voter referendum.

  • August 11, 2026

    Ga. Justices Revive Personal Injury Suit Against City

    Georgia's justices revived a woman's trip-and-fall suit against the city of Savannah on Tuesday, saying an intermediate appellate court misapplied the test for determining whether a property owner is immune from liability under the state's Recreational Property Act and must reconsider the case.

Expert Analysis

  • QVC Ch. 11 Confirmation Shows Independent Directors' Value

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    QVC's recently confirmed Chapter 11 plan joins a growing body of restructuring precedent demonstrating that well-functioning independent director frameworks can create the evidentiary and governance foundation necessary to resolve complex intercompany disputes, preserve value and secure judicial approval of contested transactions, say attorneys at Choate.

  • Series

    Being A Sommelier Makes Me A Better Lawyer

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    Being a sommelier has quietly shaped how I practice law by changing the way I think, communicate and connect with people, and offers a constant reminder that expertise is about making your knowledge useful and accessible to others, says Kara Du at Sheppard.

  • MF Doom IP Suit Highlights Hurdles For Trademark Claims

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    A recent lawsuit involving unauthorized merchandise bearing MF Doom's name and likeness is likely a preview of how infringement and counterfeit cases against online marketplaces will be defended going forward, shedding light on how intellectual property counsel can avoid dismissal of their claims, say Purdue Global Law School professor Scott Mortman and Southwestern Law School student Eden Burkow.

  • Calif. Drug Ruling Affirms Defect-Centric Liability Framework

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    The California Supreme Court's decision in Gilead Tenofovir Cases this week rejects a novel duty-to-innovate theory of negligence that could have reshaped product liability exposure well beyond the pharmaceutical industry, instead signaling that negligence claims premised on nondefective products are unlikely to succeed, say attorneys at Dechert.

  • Navigating Court Divergence On Method Claims And Venue

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    After the U.S. Supreme Court's recent Hikma v. Amarin decision putting a spotlight on the pleading standard for inducement, patent litigants must adapt to courts' differing approaches to how separate method steps affect the determination of patent venue validity, say attorneys at Weil.

  • AI, Prediction Markets Lead Securities Developments In 2026

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    Securities class actions tied to artificial intelligence and the battle over prediction market regulation both raise novel questions that courts are only beginning to address and that will continue to resonate throughout the second half of the year, say attorneys at Skadden.

  • Where Is The Line On Actionable Comms In Securities Cases?

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    Recent securities cases demonstrate the difficulty in discerning a clear difference between statements made in connection with the purchase or sale of securities and those that aren't, with that line more likely attributable to individualized factual situations than to any doctrinal differences of opinion between various courts, says Samuel Groner at Fried Frank.

  • NJ Supreme Court Ruling Exposes D&O Gaps For PE Boards

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    The New Jersey Supreme Court's recent decision in Mist Pharmaceuticals v. Berkley Insurance, barring directors and officers coverage, serves as a cautionary tale for private equity executives serving in overlapping roles at sponsor and portfolio companies, say attorneys at Reed Smith.

  • Post-Ismael Bias Cases Reinforce Familiar Employer Lessons

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    Despite the Eleventh Circuit's 2025 decision in Ismael v. Roundtree sparking concern that summary judgment could become more difficult for employers in discrimination and retaliation cases, courts continue to examine whether the employer's explanation, decision-making process and contemporaneous record tell a consistent story, say attorneys at Krevolin Horst.

  • Fed. Circ. In June: When Courts Can't Correct Patent Errors

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    The Federal Circuit's recent decision in Enanta v. Pfizer explores and clarifies the limits of what can be corrected in a patent application, even if the error is obvious, say attorneys at Knobbe Martens.

  • Challenging Detention After 5th Circ. Ends Bond Clocks

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    After the vacatur of the Fifth Circuit’s holding that the U.S. Constitution requires bond hearings for detained noncriminal noncitizens, practitioners should go back to filing habeas petitions, pending the court's en banc rehearing, says Kemal Hepsen at Mandamus Lawyers.

  • Patent Eligibility Bulletin: New USPTO Guidance And AI Risks

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    In the second quarter of 2026, the U.S. Patent and Trademark Office updated its subject matter eligibility declarations in line with its increasingly permissive patent eligibility stance, while the Federal Circuit rigorously applied the Alice framework in a decision that highlighted risks facing patent claims that utilize artificial intelligence and machine learning, say attorneys at Banner Witcoff.

  • State Of Insurance: Q2 Notes From Illinois

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    The second quarter of 2026 featured a trio of auto insurance opinions from Illinois' appellate courts, addressing a notice requirement, narrowing insurers' exposure for delayed payment of underinsured motorist claims, and creating a district split on coverage for employee-drivers under employers' policies, says Matthew Fortin at BatesCarey.

  • Why Courts Are Pushing Back On Greenwashing Laws

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    Recent Fourth Circuit and California federal court decisions blocking state greenwashing statutes on First Amendment grounds reveal a tension at the heart of environmental marketing regulation — while states want clarity, courts aren't prepared to let legislatures flatly ban categories of truthful commercial speech, say attorneys at DLA Piper.

  • 11th Circ. Opioid Appeal May Shift Public Nuisance Coverage

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    The Eleventh Circuit's recent ruling certifying to the Florida and Georgia Supreme Courts the question of whether insurers must provide coverage against suits claiming policyholders improperly distributed opioids may ultimately result in a counterbalance to the Delaware line of cases denying coverage for government opioid suits, say attorneys at Pillsbury.

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