Appellate

  • October 06, 2026

    EPA's Climate Retreat Sidelined As Justices Weigh State Torts

    The Trump administration's recent moves renouncing its authority to regulate greenhouse gas emissions appear unlikely to sway the U.S. Supreme Court in deciding whether state and local governments can pursue climate change lawsuits against fossil fuel companies, attorneys say.

  • October 06, 2026

    1st Circ. Questions Need To Rule On Expired Harvard Visa Ban

    The First Circuit grappled Tuesday with what to do with an injunction blocking the Trump administration's long-suspended ban on foreign students from attending Harvard University, more than 10 months after the president's proclamation expired.

  • October 06, 2026

    Afghan UN Rep Tells Justices To Not Review Central Bank Suit

    Afghanistan's representative at the United Nations has urged the U.S. Supreme Court to reject requests by terrorist attack victims to review their cases seeking to secure funds held by Afghanistan's central bank, saying they cannot be compensated by the Afghan people. 

  • October 06, 2026

    Wrestler Asks Justices To Shield Her From Trans Opponents

    A high school wrestler asked the U.S. Supreme Court for emergency relief protecting her from competing against female-identifying students who are biologically male, after she said one such opponent sexually assaulted her during a match.

  • October 06, 2026

    DC Circ. Wary Of Hikvision Appeal Over FCC Device Denials

    Chinese device-maker Hikvision hoped to convince the D.C. Circuit Tuesday that the Federal Communications Commission doesn't have the authority to strip a company's existing authorizations for national security reasons, but the judges did not seem persuaded.

  • October 06, 2026

    1st Circ. Sees Gaps In Order Halting RFK's Vaccine Advisers

    A First Circuit panel on Tuesday puzzled over aspects of a lower court's order staying Health and Human Services Secretary Robert F. Kennedy Jr.'s appointments to a vaccine policy committee, with one judge saying he can't tell what authority the order was based on.

  • October 06, 2026

    Cato, NRA Back Review Of Gun Ban For Nonviolent Felons

    Some four months after the U.S. Supreme Court ruled that a gun ownership ban for drug users is unconstitutional as applied to a marijuana user, gun rights advocates are urging the high court to expand the finding to those convicted of nonviolent marijuana crimes.

  • October 06, 2026

    Fed. Circ. Weighs Future Of Intel, Micron Memory Patent Suits

    The Federal Circuit heard cases Tuesday that will decide if BeSang Inc. can pursue computer memory patent suits against Micron Technology Inc. and Intel Corp., as the judges reviewed a tribunal's decisions upholding the patent and a ruling that led BeSang to concede Micron doesn't infringe.

  • October 06, 2026

    7th Circ. Told Boeing Investors Fail 'Comcast' Cert. Test

    The U.S. Chamber of Commerce is among those backing Boeing's call to the Seventh Circuit to overturn class certification in a case accusing the aerospace firm of misleading investors about the safety of its 737 Max fleet, arguing that the certification is dependent on a damages model that the U.S. Supreme Court and Fourth Circuit have rejected.

  • October 06, 2026

    Calif. Tribe Says Kalshi Evades Tribal Sports Betting Bans

    A Southern California tribe warned the U.S. Supreme Court on Tuesday that a recent Third Circuit decision blocking New Jersey from enforcing its gambling laws against Kalshi could threaten tribes' exclusive rights to regulate gambling on their reservations.

  • October 06, 2026

    Micron Ends Netlist IP Litigation With $600M, 5-Year License

    Micron Technology Inc. has agreed to pay Netlist Inc. $600 million to end multivenue patent infringement litigation over memory technology, Netlist announced Tuesday.

  • October 06, 2026

    Texas Justices Leery Of Banning AI Deposition Transcripts

    Texas Supreme Court justices seemed hesitant to bar attorneys outright from using artificial intelligence voice transcription software during depositions, pointing out Tuesday that multiple safeguards exist to ensure accuracy.

  • October 06, 2026

    3rd Circ. Backs Hybrid Test For Categorizing Sex Offenders

    The Third Circuit on Tuesday joined its sister circuits and adopted a "hybrid" framework to determine a sex offender's appropriate category under a federal registry law by looking at the text of state laws used to charge an offender, and weighing facts from the case.

  • October 06, 2026

    NJ Judge Backs Denial Of Painting Co.'s $350K Fee Bid

    A New Jersey federal judge rejected a painting company's challenge to a magistrate judge's ruling that denied its bid for a union pension fund to cover roughly $350,000 in legal fees, finding that the magistrate judge applied the correct legal standard in his findings.

  • October 06, 2026

    Ariz. Tribe Seeks Emergency Stop To Border Wall In DC Circ.

    The Tohono O'odham Nation is asking the D.C. Circuit for an emergency injunction pending appeal to block construction of a border wall on its Arizona reservation, telling the appellate court that the U.S. Department of Homeland Security intends to start construction as early as Monday.

  • October 06, 2026

    Fed. Circ. Overrules Albright, Sends Google IP Suit To Calif.

    The Federal Circuit on Tuesday overruled former U.S. District Judge Alan Albright's decision to keep a patent dispute between the University of Southern California and Google in the Western District of Texas, ordering the case transferred to California.

  • October 06, 2026

    DC Circ. Tells FCC To Respond In Fox Philly License Case

    The D.C. Circuit on Tuesday ordered the Federal Communications Commission to respond to an advocacy group's petition for court action to compel full commission review of a staff order that tossed a challenge to Fox TV's Philadelphia broadcast license.

  • October 06, 2026

    Texas Justices To Review Law Firms' Paxil Fees Fight

    The Texas Supreme Court has agreed to wade into a battle between two law firms over fees generated from litigation involving the antidepressant Paxil, with the dispute centering on application of the personal injury exemption in the state's anti-SLAPP statute.

  • October 06, 2026

    10th Circ. Revives Prosecution Of Utah Psilocybin Church

    The Tenth Circuit has revived a state court prosecution against a Utah church that uses the psychedelic psilocybin as a sacrament, saying the enforcement action did not violate religious freedoms and a lower district judge erred by halting it.

  • October 06, 2026

    EEOC Homes In On Causation In HR Group's 10th Circ. Appeal

    Workers don't have to show discrimination was the primary reason for a firing or other adverse action to win bias suits, the U.S. Equal Opportunity Commission told the Tenth Circuit, seeking permission to weigh in on a human resources group's challenge to an $11.5 million loss.

  • October 06, 2026

    3rd Circ. Judge Faces Ethics Complaint For Managing PR Firm

    A pair of U.S. senators from Delaware have filed an ethics complaint with the Third Circuit raising concerns over U.S. Circuit Judge Jennifer Mascott's purported operation of a public affairs agency, months after she was officially confirmed to the appellate court.

  • October 06, 2026

    Ex-FBI Analyst Says Bove Ordered Illegal Protester Probe

    A former FBI agent has come forward with a claim that when U.S. Circuit Judge Emil Bove was at the U.S. Department of Justice, he directed the Los Angeles field office to illegally investigate protesters.

  • October 06, 2026

    Judge Newman Gets Suspension Fight Moved To 11th Circ.

    Chief Justice John Roberts has transferred the Federal Circuit's investigation of suspended U.S. Circuit Judge Pauline Newman to the Eleventh Circuit, the latter court said Tuesday.

  • October 06, 2026

    DC Circ. Probes NewsGuard Over Harm From FTC Orders

    A D.C. Circuit panel probed an attorney for NewsGuard on Tuesday about the kind of harm a Federal Trade Commission investigation and merger settlement in the advertising industry caused the news ratings group.

  • October 06, 2026

    Cos. Say Trade Court Can Issue Nationwide Tariff Refunds

    The U.S. Court of International Trade has nationwide jurisdiction over matters involving trade laws, which should give it authority to order tariff refunds for importers that paid the unlawful duties whether or not they filed their own challenge at the trade court, businesses told the Federal Circuit.

Expert Analysis

  • 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.

  • 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.

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