Appellate

  • August 05, 2026

    Murdaugh Loses Jury Tampering Suit Against Ex-Court Clerk

    A South Carolina federal judge on Wednesday dismissed disgraced attorney Alex Murdaugh's jury tampering suit against a former court clerk who was found to have interfered in his murder trial, ruling there was no connection between his alleged damages and the ex-clerk's misconduct.

  • August 05, 2026

    Pa. Court Wipes Out $19M Verdict In Nursing Home Death Suit

    A Pennsylvania appeals court has vacated $19 million in damages, including $15 million in punitive damages, in a suit against nursing home operators and managers over the death of a resident, finding the trial court should have reconsidered damages after negating liability against two of the four defendants.

  • August 05, 2026

    Atty Scolded Over Bogus Cases In San Antonio School Fight

    A Texas state appellate panel on Wednesday admonished counsel for submitting a brief with four bogus case citations likely generated by artificial intelligence in defending a parent's lawsuit against a school district for suspending her fifth-grade son.

  • August 05, 2026

    High Court To Hear Intel 401(k) Suit Arguments In October

    The U.S. Supreme Court has set an October date for oral arguments in an appeal from Intel workers who argued the Ninth Circuit imposed too strict a standard when it upheld the dismissal of their lawsuit alleging their retirement savings were dragged down by underperforming investment options.

  • August 05, 2026

    DC Gun Ban Suit Paused For High Court Look At Ill. Case

    A D.C. federal judge has stayed the Trump administration's challenge to the city's prohibition on silencers and AR-15s, ordering the case to remain on ice until the U.S. Supreme Court rules on a similar challenge to semiautomatic bans in Illinois and Connecticut.

  • August 05, 2026

    Court Wrongly Nixed $750K Tax Debt Collection, 6th Circ. Told

    An Ohio federal court wrongly found that the U.S. government couldn't collect on a man's federal tax liabilities of over $750,000 via a property sale, the government told the Sixth Circuit, saying while the man's mother holds legal title to the property, he is its equitable owner.

  • August 05, 2026

    Fed. Circ. Told Injunction Against Samsung Is Warranted

    Collision Communications Inc. wants the Federal Circuit to undo a Texas federal judge's decision denying its bid to block Samsung from selling products a jury found were infringing, saying the judge "went inexplicably astray" following the $445 million verdict.

  • August 05, 2026

    11th Circ. Clarifies When Bad Atty Claim Favors Removal Redo

    The Board of Immigration Appeals erred in denying a Guatemalan national's bid to reopen his case due to ineffective counsel, the Eleventh Circuit has ruled, finding the man did not have to specifically file a complaint with the relevant state bar.

  • August 05, 2026

    NJ Justices Nix Extra COVID Pay For School Custodians

    The New Jersey Supreme Court ruled Wednesday that a state law passed during the COVID-19 pandemic properly barred school custodians from claiming extra emergency pay under their collective bargaining agreement, finding that the law required employees to be treated as if schools had stayed open.

  • August 04, 2026

    5th Circ. Confronts Intervention Row In Prairie-Chicken Suit

    A Fifth Circuit panel appeared skeptical of a U.S. government attorney's assertion that an environmental advocacy group waited too long to enter a lawsuit to contest the Trump administration's decision to scrap an endangered species listing for the lesser prairie-chicken.

  • August 04, 2026

    5th Circ. Hints Texas App Age-Check Law Needs More Review

    A Fifth Circuit panel wanted to know whether the lower court should have gone "provision by provision" before halting a Texas law that requires app store owners to block minors from downloading apps without parental consent, suggesting the lower court needed to do more while weighing the legislation's constitutionality.

  • August 04, 2026

    Colo. Panel Mulls Med Mal Retrial Bid Over Pretrial Meeting

    A Colorado man urged a state appellate court Tuesday to order a new trial in his medical malpractice lawsuit in which jurors sided with his physicians, arguing to a skeptical panel that the defense's ex parte pretrial meeting with his own treating surgeon caused him prejudicial harm.

  • August 04, 2026

    3rd Circ. Won't Give Ex-Olympus Exec Another Go At FCA Suit

    The Third Circuit has declined to revive a whistleblower suit by Olympus Corp.'s former employee who claimed he was fired after reporting FDA regulatory violations, ruling Tuesday that he failed to state a retaliation claim under the False Claims Act since he didn't link his concerns to a reasonable belief that Olympus defrauded the government.

  • August 04, 2026

    11th Circ. Backs $12M Battery IP Award, But Drops Damages

    The Eleventh Circuit on Tuesday affirmed a Florida federal jury's conclusion that a battery charger company infringed a competitor's trademarks with Amazon advertisements and other communications and upheld a $12.1 million disgorgement order — although it ordered a new trial on a separate $1.3 million damages award.

  • August 04, 2026

    DC Circ. Says Feds' $629M Settlement Belongs In Terror Fund

    The federal government must deposit $629 million earned from settled bank fraud and sanctions violation charges against a tobacco company into a fund supporting victims of state-sponsored terror, the D.C. Circuit ruled Tuesday, favoring two victims of terror attacks in Lebanon.

  • August 04, 2026

    9th Circ. Upholds Jurisdiction In $22M Chinese Debtor Case

    The Ninth Circuit ruled in a published opinion Monday that a physically present defendant need not be personally served in order for a court to have personal jurisdiction, affirming the enforcement of a $22.2 million Chinese arbitral award in a case centering on a defaulted loan.

  • August 04, 2026

    5th Circ. Revives Penske Vicarious Liability Suit

    The Fifth Circuit Tuesday revived a lawsuit alleging trucking services giant Penske Logistics LLC and its freight broker affiliate Penske Transportation Management LLC are vicariously liable for a fatal 2018 Texas collision, after the U.S. Supreme Court's recent Montgomery ruling reshaped brokers' liability exposure.

  • August 04, 2026

    DC Circ. Upholds Injunction Forcing EPA To Fund Clean Energy

    A split D.C. Circuit affirmed a lower court decision blocking the Trump administration from freezing $20 billion in clean-energy grant money Tuesday, overturning a divided circuit panel decision from September that vacated the injunction and would have allowed the administration to claw back the funding.

  • August 04, 2026

    Fla. High Court Won't Touch Reversal Of $213M 'Maya' Award

    The Florida Supreme Court said Tuesday it would not hear the appeal of a decision that reversed a $213 million judgment against a Florida hospital in favor of Maya Kowalski, the subject of the Netflix documentary "Take Care of Maya."

  • August 04, 2026

    5th Circ. Weighs KKK Act For 'Trump Train' Driver

    A Fifth Circuit judge wanted to know why the Ku Klux Klan Act should apply to a member of the "Trump Train" convoy who collided with a campaign vehicle in 2020, questioning Tuesday whether supporters of then-presidential nominee Joe Biden fell under the law's description.

  • August 04, 2026

    Mich. Trooper's Bias Claim Barred By 6-Month Notice Rule

    A state trooper's disability discrimination claim against the Michigan State Police qualifies as a personal injury claim subject to a six-month notice deadline, a Michigan appellate court has determined. 

  • August 04, 2026

    Search Rival, Advocates Back DOJ Against Google In DC Circ.

    Academics, policy experts, advocacy groups and several rivals lent their voices Tuesday to the U.S. Department of Justice's defense of its monopolization win over Google, while urging the D.C. Circuit to strengthen the "relatively modest remedies" they say leave Google able to dominate both search and artificial intelligence.

  • August 04, 2026

    Workers Should Get Back Pay In RLA Dispute, 9th Circ. Says

    A California federal judge erred by refusing to order an airline caterer to provide its workers with back pay after a healthcare dispute with a union, a split Ninth Circuit ruled Tuesday, saying the Railway Labor Act violation committed by the caterer occasioned a back pay award.

  • August 04, 2026

    Ex-Team Owner Says PR Baseball League Can't Escape Suit

    The former owner of a Puerto Rican baseball team is looking to keep his antitrust suit against the league afloat, telling a federal judge that the league's efforts to snuff out the case are premature.

  • August 04, 2026

    Day Pitney Dropped From Suit Over Ex-Justice's Involvement

    A Connecticut state court judge allowed Day Pitney LLP to withdraw from a $1.3 million corporate windup feud after the involvement of one of its partners, a former chief justice on the state Supreme Court, came to light, negating the defendants' call for an evidentiary hearing on a motion to disqualify the firm.

Expert Analysis

  • 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.

  • Opinion

    At High Court, Oil Cos.' Suncor Preemption Claims Fall Short

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    In Suncor Energy v. Boulder County, pending before the U.S. Supreme Court, oil and gas companies argue that municipalities' climate deception claims are equivalent to emissions standards for their industry — but the suit is ultimately incapable of imposing such standards, say Thomas McGarity at the University of Texas School of Law and James Goodwin at the Center for Progressive Reform.

  • 3 Disgorgement Questions Linger After Justices' SEC Ruling

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    While the U.S. Supreme Court’s recent decision in Sripetch v. U.S. Securities and Exchange Commission avoided placing new limits on the SEC’s disgorgement powers, it passed over several questions, including whether the commission can seek disgorgement when returning the money to investors isn't possible, says David Slovick at Kopecky Schumacher.

  • Checking For AI Errors Is Now A Two-Way Street

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    A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

  • Opinion

    Federal Circuit Should Implement Mini En Banc Process

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    To fulfill its mission of uniformity in patent law while avoiding the challenges of en banc hearings, the Federal Circuit should institute mini en bancs — allowing regular three-judge panels to exercise en banc powers unless a majority of the court says otherwise, says Joshua Sohn at the U.S. Department of Justice.

  • What's Next After Justices' Last-Mile Driver Arbitration Ruling

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    The U.S. Supreme Court's recent decision in Flowers Foods v. Brock, refusing to narrow the scope of a Federal Arbitration Act exemption for workers engaged in interstate commerce, gives previously unprotected workers access to litigation, but preserves two potentially powerful arguments for future proceedings, say attorneys at Husch Blackwell.

  • Series

    The Biz Court Digest: Shoring Up Corporate Law In Maryland

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    Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

  • How End Of SEC 'Gag Rule' Affects Free Speech Certiorari Bid

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    The Securities and Exchange Commission's recent rescission of the so-called gag rule, which forbade defendants in settlements from denying the SEC’s allegations, may sway the outcome of a petition to the Supreme Court in a case challenging the rule on First Amendment grounds, say attorneys at Troutman.

  • 2nd Circ.'s Embedded Video Ruling May Protect Publishers

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    The Second Circuit's recent decision in Richardson v. Townsquare, dismissing an infringement claim arising from an embedding of a YouTube-hosted interview, reaffirms a potent defense for publishers who regularly use social media platforms' embed functionality, says Amanda Harris at Jassy Vick.

  • Federal Officer Removal After Justices' La. Pollution Ruling

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    In the wake of the U.S. Supreme Court's recent ruling in Chevron USA v. Plaquemines Parish, companies seeking to use federal officer removal to move litigation out of state court should ask three questions, focusing on government contract language, federally directed activity and related conduct, say attorneys at Hollingsworth.

  • Series

    Competing At Poker Makes Me A Better Lawyer

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    Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

  • Revisiting TransUnion's Underused Standing Rule, 5 Years On

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    The Ninth Circuit Court of Appeals' recent use of the U.S. Supreme Court’s now five-year-old TransUnion v. Ramirez rule specifying that the "mere risk of future harm" isn't concrete enough to support a damages claim presents an opportunity to revisit this underutilized standing rule, say attorneys at Horvitz & Levy.

  • 5 Things Associates Must Ask About Their Firm's Merger Plan

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    The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

  • Uncertainty Looms After Justices' Withdrawal Liability Ruling

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    The U.S. Supreme Court's recent holding in M&K Employee Solutions v. Trustees of the IAM National Pension Fund increases the unpredictability of withdrawal liability assessments, so employers should prepare for a range of assessments and be equipped to challenge unreasonable ones, say attorneys at Winston Taylor.

  • CFTC Trading Rule Can't Police Prediction Markets Yet

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    The Commodity Futures Trading Commission’s recent efforts to police insider trading in prediction markets through a post-Dodd-Frank anti-fraud rule exposes doctrinal gaps around misappropriation theory, leaving platforms to fill the void with win-rate-based surveillance, says attorney Tamara de Silva.

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