Appellate

  • August 25, 2026

    DC Circ. Backs Red Snapper Management Plan

    A D.C. Circuit panel denied a petition from commercial fishers and fish purchasers challenging an annual federal catch limit for South Atlantic red snapper, rejecting their claim that the plan's lack of a limit on dead discards violates federal law and could lead to overfishing.

  • August 25, 2026

    Elite Schools Get 7th Circ. Appeal In Aid-Fixing Case

    The Seventh Circuit has agreed to allow several private universities accused of colluding to set financial aid offerings to appeal a ruling certifying a class of students over questions about an economic expert's testimony.

  • August 25, 2026

    DC Circ. Says ESA Review Wasn't Needed For EPA Air Rule

    The D.C. Circuit on Tuesday affirmed the U.S. Environmental Protection Agency's determination that retaining existing air quality standards for nitrogen oxides and particulate matter would not affect animals or plants protected under the Endangered Species Act.

  • August 25, 2026

    New Mexico Justices Pause Permit, Hearing For Data Center

    New Mexico's Supreme Court in a pair of rulings paused an air permit hearing and ordered a developer to stop drawing water from the construction site of Oracle, OpenAI and SoftBank's Project Jupiter data center, leading a lawmaker to call on state officials to release more information about the project.

  • August 25, 2026

    Rising Star: McKool Smith's Charles Fowler

    Charles Fowler, the head of Texas trial firm McKool Smith PC's appellate practice, has successfully protected a multimillion-dollar jury award in a contract dispute with Santander and steered Aramark through the appellate process in an ERISA dispute, earning him a spot among the appellate practitioners under age 40 honored by Law360 as Rising Stars.

  • August 25, 2026

    Mich. Panel Keeps Democratic Ballot Bids Alive Despite Error

    Democratic attorney general candidate Eli Savit and secretary of state candidate Garlin Gilchrist II can remain on track to appear on Michigan's November ballot after a state appellate panel upheld the dismissal of a lawsuit seeking to disqualify them, ruling that a lower court wrongly rejected the challenger's amended complaint but that the error was harmless. 

  • August 25, 2026

    8-Year Supervised Release Sentence Upheld In First Step Case

    A man given life in prison for a drug conspiracy and then resentenced under the First Step Act to time served and eight years of supervised release cannot further reduce the judgment, the Second Circuit has ruled.

  • August 25, 2026

    NAACP Warns Justices Colo. Pre-K Exemption Risks Bias

    The NAACP and NAACP Legal Defense and Educational Fund urged the U.S. Supreme Court to uphold Colorado's nondiscrimination rules for its universal preschool program, warning that allowing religious schools to receive public funds while excluding students based on sexual orientation or gender identity would undermine civil rights protections.

  • August 25, 2026

    6th Circ. Says Judge Can't Escape Teen Mock Arrest Suit

    A Sixth Circuit panel on Monday allowed to proceed a Michigan federal lawsuit filed against a Detroit judge who handcuffed a 15-year-old student and subjected her to a mock trial after she fell asleep in his courtroom, ruling that judicial immunity does not protect him.

  • August 24, 2026

    11th Circ. Revives Title IX Claim Against Ga. Charter School

    An Eleventh Circuit panel has revived a Title IX claim against an Atlanta-area charter school, saying it ignored allegations of harassment against a middle school science teacher who later assaulted and was accused of harassing female students.

  • August 24, 2026

    NJ Court Rejects Senior Facility's Read On Nursing Home Law

    A New Jersey appellate court on Monday upheld a nearly $1 million judgment against a senior care network, rejecting arguments that one of its facilities wasn't operating as a nursing home in its allegedly inadequate care for an elderly patient.

  • August 24, 2026

    Calif. Appeals Court Signals Wiretap Law Applies To Trackers

    A California state appeals court appears poised to declare that website tracking technologies generally qualify as pen registers under the state's wiretap law, while finding that the specific trackers at issue in a lawsuit against Variety Media LLC don't fall under this definition because they don't identify the destination of intercepted communications. 

  • August 24, 2026

    9th Circ. Faults Calif. Judge For Denying Sentence Reduction

    The Ninth Circuit on Monday vacated a prison sentence imposed on a man convicted of possessing ammunition as a felon, saying a California federal judge "misapprehended the law" when he denied a sentencing reduction for the defendant's acceptance of responsibility.

  • August 24, 2026

    5th Circ. Revives Architect's IP Claims In Fractured Ruling

    A divided Fifth Circuit has revived an architectural firm's copyright infringement claims over the use of its home designs in a Texas residential development, while affirming the dismissal of claims alleging that the defendants stripped copyright information from marketing materials.

  • August 24, 2026

    Ukraine Says Tatneft Appeal Over $173M Stay Should Be Axed

    Ukraine has pressed the D.C. Circuit to nix an appeal by a large Russian oil company that seeks to overturn a lower court's stay order in the business's suit to enforce a $173 million arbitral award against the country, saying its domestic law prohibits it from paying the award.

  • August 24, 2026

    4th Circ. Says Vacated Drug Conviction Can't Bar Admissibility

    The Fourth Circuit concluded Monday that a Mexico native's since-vacated marijuana conviction in North Carolina state court does not render her inadmissible in the U.S., departing from a long-standing framework that considered vacated convictions valid for immigration purposes unless they're vacated due to substantive or procedural defects. 

  • August 24, 2026

    Fiat Chrysler Brings Defective Headrest Suit To Justices

    Fiat Chrysler is urging the U.S. Supreme Court to resolve a circuit split over whether an arbitrator or a court should decide the proper venue for a dispute involving a nonsignatory to an arbitration agreement, in a proposed class action over allegedly defective Jeep and Dodge headrests.

  • August 24, 2026

    2nd Circ. Says Nielsen Unbundling Order Starts Tuesday

    The Second Circuit has declared that the preliminary injunction blocking Nielsen from making Cumulus Media buy its local offerings to gain access to its national radio ratings data will go into effect Tuesday.

  • August 24, 2026

    Conn. Justices Order New Trial Over Gun Residue Science

    The Connecticut Supreme Court has reversed a murder conviction and ordered a new trial, finding in an advance opinion Monday that a state trial court wrongfully refused to hear the defendant's challenge to potentially unreliable gunshot residue evidence.

  • August 24, 2026

    Feds Seek Circuit Court Reversals In Sanctuary Policy Battle

    The Trump administration has asked separate federal circuit courts to review lower court decisions rejecting its challenges to various state and local sanctuary immigration policies, arguing to the Tenth Circuit that such policies from Colorado and Denver affirmatively obstruct federal immigration enforcement.

  • August 24, 2026

    'Old Boys Club' Tainted College Prof's Review, Jurors Told

    A former professor at The College of New Jersey told a Garden State jury on Monday that the college's finance department was run like an old boys club and that her contract was not renewed because she's a woman.

  • August 24, 2026

    Calif. Takes Trump Admin Pipeline Fight To 9th Circ.

    California has asked the Ninth Circuit to review a district court's rejection of its bid to block the Trump administration's reopening of a controversial coastal oil pipeline, which a judge said was a valid use of federal emergency authority under the Defense Production Act.

  • August 24, 2026

    Avis Didn't Waive Arbitration In Insurance Fight, 3rd Circ. Says

    Avis Budget Group didn't waive its right to arbitrate a dispute over its supplemental liability insurance by deposing a pair of customers in discovery, the Third Circuit ruled Monday, saying the car rental company needed to develop a factual record before moving to compel arbitration.

  • August 24, 2026

    3rd Circ. Revives Exxon Unit's Bid To Arbitrate Royalties Claims

    ExxonMobil subsidiary XTO Energy Inc. will get another chance to pursue arbitration in a case over allegedly underpaid natural gas royalties, with the Third Circuit ruling Monday that litigating class claims for more than four years did not preclude its bid for an out-of-court resolution.

  • August 24, 2026

    DOJ Backs Biotech Co. Against Red Cross At 1st Circ.

    The U.S. Department of Justice is continuing to back a biotech company that accuses the American Red Cross of blocking competition for blood platelet testing, telling the First Circuit the nonprofit is not part of the government and is not immune from the antitrust claims.

Expert Analysis

  • 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.

  • Series

    Teaching SEC Investigations Makes Me A Better Lawyer

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    Instructing a law school course on U.S. Securities and Exchange Commission investigations has made me a more thoughtful, deliberate practitioner because it requires me to continually reassess and challenge what I know about securities law enforcement, how I know it and how best to explain it, says David Chase at Miami Law.

  • Monsanto Ruling Bolsters Generic Drug Labeling Preemption

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    The U.S. Supreme Court's recent decision in Monsanto Co. v. Durnell concerns herbicide labeling regulated by the Federal Insecticide, Fungicide, and Rodenticide Act, but also carries weighty implications for preemption of state law labeling claims against drug manufacturers, say Terry Henry and Ann Querns at Blank Rome and Melanie Leney at Aurobindo Pharma.

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