Appellate

  • October 05, 2026

    Justices Won't Block Paramount's $110B WB Deal

    The U.S. Supreme Court on Monday quickly rejected a request by consumers to immediately block Paramount Skydance's $110 billion purchase of Warner Bros. Discovery, which is expected to close Tuesday, while a lower court adjudicates their antitrust claims challenging the merger.

  • October 05, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week temporarily froze roughly 32.1 million Talkdesk Inc. shares in a fight over a disputed foreclosure involving founder and CEO Tiago Paiva, while rejecting Saama Technologies founder Suresh Katta's nearly $68 million earnout bid and awarding the company about $7.3 million.

  • October 05, 2026

    Groups Say Fla. City Bent Rules For Related Ross Hotel Tower

    Two West Palm Beach neighborhood groups are arguing to a Florida state appeals court that city officials advanced an 18-story Related Ross convention center and hotel project while ignoring concerns that the project's valet operations could pose a risk to pedestrians, among other issues in the approval process.

  • October 05, 2026

    4th Circ. Upholds Order For US To Admit Afghan Families

    A Fourth Circuit panel has declined to stay a federal district judge's order clearing the way for the families of seven Afghans who fought for and alongside the U.S. military to enter the country, rejecting the State Department's argument that the families' visa petitions fall within the consular nonreviewability doctrine.

  • October 05, 2026

    Split 9th Circ. Backs Ex-GM Worker's $5M Bribery Conviction

    A split Ninth Circuit on Monday upheld a former General Motors Co. commodity manager's conviction for soliciting a $5 million cash bribe from an auto parts supplier in return for ensuring it secured a $100 million contract.

  • October 05, 2026

    FCC Evading Courts With 'Gamesmanship,' DC Circ. Told

    The Federal Communications Commission is pursuing a road map for evading judicial review of major rulings, an advocacy group warned the D.C. Circuit in a case challenging Fox TV's Philadelphia license.

  • October 05, 2026

    State Watchdogs Bristle At Prediction Market Incursion

    A group of state gaming regulators has urged the U.S. Supreme Court to consider reviewing Kalshi's ability to offer sports-related contracts in New Jersey, nodding to recent case law that has cut against the decision that gave rise to the state's petition.

  • October 05, 2026

    Intel Case May Clarify Dismissal Standard For 401(k) Suits

    The U.S. Supreme Court will hear arguments Tuesday from former Intel Corp. workers looking to revive a suit claiming their retirement savings suffered because of shoddy investments, a case that could shed light on what it takes to keep challenges to allegedly subpar 401(k) offerings alive.

  • October 05, 2026

    'Shocking' COVID Vaccine Appeal Meets Skeptical 2nd Circ.

    A Second Circuit panel expressed doubt Monday that Yale healthcare workers who resisted the COVID-19 vaccine could blame a private entity for alleged constitutional violations, with one judge saying the appeal is the stuff of pro se filings, and it was "shocking" to see that an attorney had brought it.

  • October 05, 2026

    High Court Won't Review Medical Tape Antitrust Case

    The U.S. Supreme Court refused Monday to review a case accusing medical supplies group purchasing giant Vizient Inc. of locking in hospital customers, after the lower courts found a medical tape supplier failed to define a market that Vizient allegedly monopolized.

  • October 05, 2026

    9th Circ. Invited To Take A Crack At Feds' Calif. Egg Law Suit

    A California federal judge refused Friday to toss the federal government's challenge to a Golden State law banning the sale of eggs laid by hens raised in "cruel" conditions, but allowed California to file an interlocutory appeal, finding "there is substantial ground for difference of opinion" on the government's standing.

  • October 05, 2026

    High Court Revives Murder-For-Hire Plea Appeal After Hunter

    The U.S. Supreme Court on Monday vacated a Second Circuit decision dismissing the sentencing appeal of a man who pled guilty to a role in a murder-for-hire plot, telling the circuit court to take another look in light of the high court's new miscarriage-of-justice exception for criminal appeal waivers.

  • October 05, 2026

    Justices Won't Hear 10th Circ. Tulsa Officer Immunity Case

    The U.S. Supreme Court declined on Monday to review a Tenth Circuit decision denying a former Tulsa police officer qualified immunity from a civil suit alleging she used excessive force when she shot and killed an unarmed man.

  • October 05, 2026

    Worker Fired After Flu Vax Rift Can't Get High Court Traction

    The U.S. Supreme Court refused Monday to hear a Black former health system employee's challenge to the dismissal of her suit alleging that racism, as opposed to noncompliance with the company's flu vaccine requirement, got her fired.

  • October 05, 2026

    7th Circ. Rejects Ex-Club Prez's Claim Of Fake Canceled Debt

    The Seventh Circuit upheld the dismissal of a former country club president's claim that the club filed a fraudulent information return with the IRS reporting a canceled debt, saying he failed to make a case for overturning precedent that limited taxpayers' ability to seek damages for fraudulent return filings.

  • October 05, 2026

    Pepperdine Asks 9th Circ. For Another Shot At Netflix TM Suit

    Pepperdine University is urging the Ninth Circuit to revive its trademark suit over the "Waves" team name used in a Netflix sports comedy series starring Kate Hudson, arguing that the district court judge's approach, "would give the entertainment industry carte blanche to infringe trademarks at will."

  • October 05, 2026

    High Court Won't Vacate Habeas Ruling After Case Turns Moot

    The U.S. Supreme Court on Monday declined to review a Fourth Circuit ruling that blocked a federal prisoner's constitutional challenge to a sentence enhanced under the formerly mandatory federal sentencing guidelines.

  • October 05, 2026

    Mass. Justices Weigh Duties Of DAs, Judges After ICE Arrests

    Justices on Massachusetts' highest court Monday appeared willing to endorse a requirement that prosecutors and judges make formal efforts to get federal immigration officials to bring defendants in their custody to court for pending criminal cases before issuing a default warrant or dismissing a case.

  • October 05, 2026

    Groups Ask DC Circ. To Revive CMS Hemp Program Case

    A coalition of interests challenging a Centers for Medicare & Medicaid Services program to provide patients access to federally legal hemp products told the D.C. Circuit on Monday that a lower court was wrong to dismiss their petition.

  • October 05, 2026

    1st Circ. Doubts Harvard Grant Fight Belongs In Claims Court

    The First Circuit Monday appeared skeptical that a lower court erred in backing Harvard University in a suit over the Trump administration's bid to freeze more than $2 billion in grant funding, suggesting that the case had been decided in the proper venue.

  • October 05, 2026

    Justices Won't Review SC Beach Gear Rental Antitrust Case

    The U.S. Supreme Court refused a petition Monday from a beach equipment rental company seeking to revive its antitrust case accusing a South Carolina city of using its municipal ordinances to monopolize the market.

  • October 05, 2026

    Deported Mass. Student May Be Beyond 1st Circ.'s Reach

    The First Circuit on Monday hinted that it may not have the ability to revive a Massachusetts college student's immigration case because she chose to remain abroad after being deported, meaning she is no longer in federal custody.

  • October 05, 2026

    Fed. Circ. Orders Tossing Indemnity Bid On Different Grounds

    The Federal Circuit on Monday ordered a federal district judge to lift an order dismissing shopping mall owner Simon Property Group's indemnification claim against gift card company Blackhawk Network over a patent infringement case involving methods of executing card payments.

  • October 05, 2026

    Justices Won't Review Christian Worker's COVID Testing Case

    The U.S. Supreme Court opted Monday not to take up a Christian worker's challenge to a split Eighth Circuit panel decision that nixed her lawsuit alleging a Minnesota county violated her religious rights by requiring her to undergo weekly COVID-19 testing.

  • October 05, 2026

    9th Circ. Pauses Rogoff's Return As Seattle US Atty

    The Ninth Circuit has put on hold a Washington federal judge's decision to reinstate Roger Rogoff as Seattle's top federal prosecutor, a post Rogoff held for less than an hour before he was fired by President Donald Trump.

Expert Analysis

  • Insurance Ruling Extends NY Bad Faith To 3rd-Party Coverage

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    In Renergy v. Mt. Hawley Insurance, a New York federal court recently granted a policyholder leave to amend its complaint to clarify a bad faith claims handling cause of action, confirming, after nearly 20 years, that bad faith damages are available in the third-party liability context, say attorneys at Barnes & Thornburg.

  • Opinion

    Rule Of Law Requires Gov't Engagement With Bar, Not Retreat

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    A federal agency's absence from national and local bar conferences, most recently illustrated by the U.S. Department of Justice's withdrawal from a New York City Bar Association white collar conference, disserves the bar, the government lawyers themselves and, ultimately, the administration of justice, says Muhammad Faridi at Linklaters.

  • Fed. Circ. Clarifies Standard For Contesting CICA Overrides

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    The Federal Circuit's recent holding in Life Science Logistics strengthens the hand of protesters facing an override of the Competition in Contracting Act stay, and a Court of Federal Claims decision the same day demonstrates that how a protester frames its requested relief remains critically important, says Richard Arnholt at Bass Berry.

  • The Paradoxical Duty To Adopt AI When You Can't Bill For It

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    Both billing for hours saved using artificial intelligence and preserving billable time by not adopting AI may violate rules of professional conduct, but until bar associations' ethics rules catch up to this emerging economic dilemma, firms must decide how to adjust fee structures themselves, says Ines Lassalle at Peyrot & Associates.

  • 4 Emerging Limits Of Employer Mental Health Notice Defense

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    A California appeals court's recent decision in Husband v. Target, addressing when an employer knows about an employee's undisclosed disability, leaves open questions about how changes in mental health awareness and workforce monitoring tools may raise the bar for what employers can claim not to know, says Benjamin Heller at RFZ Law.

  • Raptors Ruling Shows Risks Of Calif. Enviro Suit Intervention

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    Intervention in California environmental litigation can allow businesses to help defend agency approvals, but after a state appeals court's recent ruling in Raptors Are the Solution v. CropLife America, it is clear that intervention also carries a price — and that courts will hold parties accountable for the full arc of their litigation conduct, says Thierry Montoya at FBT Gibbons.

  • A Decade Later, Escobar Is Still Shaping FCA Cases

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    The U.S. Supreme Court's decision 10 years ago in Universal Health Services v. U.S. ex rel. Escobar changed the way in which lower courts evaluate False Claims Act cases — and the ruling remains vital in nearly every FCA case filed today, say attorneys at Bradley Arant.

  • Sripetch May Prove To Be An Empty Victory For The SEC

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    The U.S. Supreme Court's recent decision in Sripetch v. U.S. Securities and Exchange Commission held that the SEC need not prove pecuniary harm for disgorgement, but if the commission must still identify victims and distribute funds in a compensatory way, it faces the same economic problem as before the ruling, says Erin Smith at Compass Lexecon.

  • 9th Circ. Cooler Ruling Chills 1st Mover Lanham Act Claims

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    The Ninth Circuit's recent decision in Vericool World v. Igloo Products that Vericool's claim of being first-to-market with an ecocooler was not actionable under the Lanham Act largely foreclosed false advertising litigation over first mover status, so potential plaintiffs should instead look to patent counseling or intellectual property strategy for these claims, say attorneys at Manatt.

  • 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.

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