Appellate

  • September 15, 2026

    Fed. Circ. Keeps Samsung, Apple Wins Over Alt Browser IP

    The Federal Circuit on Tuesday issued a one-word order backing Patent Trial and Appeal Board decisions that invalidated claims in patents covering ways to access the internet without a browser, declining to take on the patent owner's challenge to the board's obviousness determinations.

  • September 15, 2026

    1st Circ. Suggests Appeal In Drug Rebate Case May Be Moot

    A First Circuit panel raised mootness concerns as it heard arguments Tuesday from drug companies appealing a ruling that prevented them from intervening in a now-dismissed case to defend a rebate model for a federal drug-pricing program. 

  • September 15, 2026

    Springsteen Beats Compensation Suit Over Album Cover

    A New Jersey appellate court on Tuesday affirmed an order dismissing a suit from the estate of a classic car collector against Bruce Springsteen over compensation from use of a 1967 Pontiac GTO on an album cover, saying it was "abundantly clear" that all elements of hearsay were present to sink the case's only evidence against the musician.

  • September 15, 2026

    Charter Tells Panel It Fired Worker Over Pot Use, Not PTSD

    Charter Communications denied firing a Connecticut employee over her post-traumatic stress disorder and argued before an appellate panel Tuesday that even if she had established a proper record of her diagnosis, she still would have been terminated on a "reasonable suspicion" that she had worked under the influence of marijuana.

  • September 15, 2026

    Colo. Justices OK Updated Model Jury Instructions

    The Colorado Supreme Court has ruled that the state's updated model jury instructions defining reasonable doubt in criminal trials are constitutional and do not lower the bar for proving a defendant's guilt, finding a typical juror would not be confused by the new language.

  • September 15, 2026

    Tax Court Can't Override Insurance Regulators, 5th Circ. Told

    The U.S. Tax Court incorrectly overstepped state insurance regulators in holding that an ophthalmology practice's microcaptive insurance arrangements lacked economic substance, an eye doctor and his wife told the Fifth Circuit in asking for a reversal of the ruling.

  • September 15, 2026

    Justices Asked To Resolve Cannabis Dormant Commerce Split

    A California litigator's campaign of lawsuits alleging that state and local cannabis regulatory regimes violate the U.S. Constitution's dormant commerce clause has culminated in a petition for a writ of certiorari which appeared on the U.S. Supreme Court's docket Tuesday.

  • September 15, 2026

    9th Circ. Backs Tribe In Casino Fight, Questions Joinder Rule

    A Ninth Circuit panel has rejected a group of Anchorage, Alaska, residents' appeal to undo an order finding the Native Village of Eklutna immune from their lawsuit seeking to block a casino development, with two judges expressing some doubt over a tribe's ability to be joined in a lawsuit.

  • September 15, 2026

    Del. ACLU Urges Justices To Uphold Saul Ewing Bill Ruling

    The American Civil Liberties Union of Delaware has asked the state's high court to affirm a ruling allowing it to obtain Saul Ewing LLP invoices for work on a federal lawsuit over prison medical care, saying a trial court correctly ruled the firm's billing should be disclosed.

  • September 15, 2026

    1st Circ. Presses Amex On Merchant Arbitration Rule Change

    A First Circuit panel on Tuesday pushed back on assertions by American Express that unilateral changes to the terms of its merchant agreement did not invalidate it, as a lower court found last year in denying the card issuer's motion to compel arbitration in a dispute over anti-steering rules.

  • September 15, 2026

    No Pause Needed In Daniel's Law Cases, 3rd Circ. Told

    Atlas Data Privacy Corp. urged the Third Circuit to reject a bid to pause discovery in consolidated litigation over New Jersey's judicial privacy law as the appeals court considers a First Amendment challenge to the statute, arguing the defendant data brokers failed to show irreparable harm.

  • September 15, 2026

    Comcast Can't Relitigate Invalidity Issue In Patent Suit

    A Pennsylvania federal judge said Monday that Comcast was attempting to rehash its already-rejected argument that a voice recognition technology patent a jury found it infringed was invalid in light of an earlier patent, months after the telecommunications giant was hit with a $240 million infringement verdict.  

  • September 15, 2026

    5th Circ. Backs Toss Of Texas Law Firm's Pandemic Loan Bid

    The Fifth Circuit upheld the U.S. Small Business Administration's denial of a Texas law firm's bid for forgiveness of a Paycheck Protection Program loan of about $249,000 due to the firm's failure to disclose a pending criminal complaint against its owner.

  • September 15, 2026

    Pa. Appellate Panel Scolds Attys In $18.5M Med Mal Case

    Attorneys from Burns White LLC and Philadelphia personal injury firm Bosworth & Associates both got a dressing-down from a Pennsylvania appellate panel over their conduct in a medical malpractice case, though the court upheld the $18.5 million jury verdict for the plaintiff.

  • September 15, 2026

    4th Circ. Appears Split On Reviving Comey, James Indictments

    Partisan splits were apparent Tuesday on the Fourth Circuit panel hearing the Trump administration's challenge to a federal district judge's dismissal of the indictments of former FBI Director James Comey and New York Attorney General Letitia James, with two of the three judges appearing to agree an improper appointment doomed the cases.

  • September 15, 2026

    Justices Urged To Leave Global Copyright Ruling Intact

    A Louisiana songwriter has asked the U.S. Supreme Court not to touch a ruling that allowed him to recover worldwide rights to the 1960s hit song "Double Shot (Of My Baby's Love)," saying a group of music companies had rushed the issue to the justices when only a single circuit court had weighed in.

  • September 15, 2026

    AIG Can Depose Former Texas Fraud Chief In Conduent Trial

    AIG can depose the former chief of the Civil Medicaid Fraud Division of the Texas Attorney General's Office as part of a trial to determine if the $236 million Medicaid settlement between the office and Conduent State Healthcare LLC was the result of fraud, a Delaware state court ruled.

  • 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.

Expert Analysis

  • Justices' Review Of Atty Fees Could Reshape Pipeline Takings

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    With the U.S. Supreme Court's decision to review Hoffmann v. WBI Energy Transmission, property owners' right to recover attorney fees for appropriations under the Natural Gas Act is at stake, potentially leading to a choice between a depressed land valuation or court costs that could exceed any rewards, says attorney Sophia Holley.

  • How 2nd Circ. Raised The Bar For Pleading Securities Fraud

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    In Huey v. Anavex, the Second Circuit recently appeared to increase the burden on securities fraud plaintiffs in pleading loss causation where no immediate share price decline follows the corrective disclosure, generating new questions that district courts must grapple with, say attorneys at Skadden.

  • Trade Secret Practice Tips From The 1st Half Of 2026

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    Intellectual property attorneys should consider what several significant developments in 2026 thus far mean for how they protect, litigate and value trade secrets, focusing on new state noncompete bans, cases scrutinizing how plaintiffs identify trade secrets and federal rulings on damages doctrines, say attorneys at Faegre Drinker.

  • Yellow Corp. WARN Act Appeal Refines Layoff Guidance

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    A Delaware federal court's recent upholding of a bankruptcy court's disallowance of unions' federal Worker Adjustment and Retraining Notification Act claims against Yellow underscores that fact-specific notices and thoughtful timing are essential for distressed companies implementing layoffs, say attorneys at King & Spalding.

  • High Court Rulings Could Alter Agency Strategy For Cos.

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    The U.S. Supreme Court's recent decisions in Trump v. Slaughter and Trump v. Cook mark major turning points in the law of independent agencies and in how regulated companies should think about federal enforcement, rulemaking and agency-facing strategy, say attorneys at Holtzman Vogel.

  • Opinion

    Justices' Parole Ruling Degrades Green Card Holders' Rights

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    The U.S. Supreme Court’s recent decision in Blanche v. Lau, holding that U.S. Customs and Border Protection officers can parole a returning lawful permanent resident without clear and convincing evidence of a crime, weakens the statutory and practical protections Congress intended, say attorneys at Cyrus D. Mehta & Partners.

  • 3rd Circ. ERISA Ruling Stresses Process Over Perfect Returns

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    The Third Circuit's recent decision in Quest Diagnostics affirms that a sound fiduciary process — not perfect investment returns — defeats Employee Retirement Income Security Act claims, signaling that courts will keep scrutinizing how fiduciaries decide, and sponsors who can show their work should remain protected, say attorneys at Nixon Peabody.

  • Fed. Circ. Licensing Rulings Shed Light On Patentee Standing

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    Two recent decisions from the Federal Circuit provide a useful framework for evaluating whether a patent license agreement preserves a sufficient exclusionary interest to support future patent infringement claims, say attorneys at Venable.

  • Asylum Ruling Signals Larger Separation Of Powers Battle

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    The U.S. Supreme Court’s recent decision in Mullin v. Al Otro Lado that border officials may turn away asylum-seekers without inspection is part of a broader conversation about the reach of institutional safeguards that subject governmental authority to legal constraint, says Dree Collopy at American University's Washington College of Law.

  • Solar's Momentum At Mid-2026 Will Help It Overcome Snags

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    The rapid expansion of U.S. solar development in the first half of 2026 is likely to continue its pace, even amid ongoing shifts in federal trade policy and supply chain regulations, obstacles to permitting reform, and an increasing divide between states enacting policies to encourage or stymie project development, say attorneys at Beveridge & Diamond.

  • How Justices Stayed Off The Geofence In Location Data Case

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    The U.S. Supreme Court's recent Chatrie v. United States decision reaffirms Fourth Amendment protections for location data but avoids more complicated questions about geofence warrants, say attorneys at Adams Duerk.

  • Remote Work Rulings Show ADA Fights Hinge On Process

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    Two opposite outcomes in recent Fifth Circuit and D.C. federal court cases underscore that the legality of denying employees' disability accommodation requests for remote work depends less on broad policy and more on how it's applied, says Paul Sweeney at Ice Miller.

  • Fed Autonomy Rests On Narrow Exception After Justices Rule

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    The U.S. Supreme Court’s recent decisions in Trump v. Cook and Trump v. Slaughter expand presidential removal power while temporarily preserving the Federal Reserve’s independence, but there is uncertainty about which of the Fed’s authorities fall within the court’s narrow monetary-policy exception, says Keith Bradley at Squire Patton.

  • Series

    Being A Magician Makes Me A Better Lawyer

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    The skills I've developed as a lifelong magician have translated directly into tangible benefits in the courtroom because performing magic and trying cases both live at the intersection of psychology, storytelling, timing and disciplined rehearsal, says Mark Dombroff at Fox Rothschild.

  • How Litigants Are Testing Conversion Therapy Ruling's Scope

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    Litigants are already using the U.S. Supreme Court’s recent Chiles v. Salazar ruling, which applied strict scrutiny to Colorado’s conversion therapy ban, to challenge laws limiting algorithmic rental pricing, artificial intelligence-based discrimination and anti-union employer speech, and courts must soon decide Chiles’ First Amendment limits, say attorneys at O'Melveny.

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