Appellate

  • August 07, 2026

    FCC Demanded Fine In Misleading Way, AT&T Tells 5th Circ.

    AT&T is hoping to convince the Fifth Circuit to help it get back the $57 million it paid the Federal Communications Commission for selling off people's location data, despite a U.S. Supreme Court ruling that the agency had the right to issue the fine, by arguing it was tricked into paying.

  • August 07, 2026

    Judge Says Park Signage Suit Will Continue During Appeal

    A Massachusetts judge won't pause a district court's deadlines pending the outcome of a First Circuit appeal in a dispute over a decision to remove information about climate change, slavery and Indigenous history from National Park Service sites, saying the harm to the plaintiffs outweighs any harm to the defendants.

  • August 07, 2026

    Kalshi Wants Utah Gambling Law Blocked Pending Appeal

    Kalshi has urged a federal judge to issue an injunction barring Utah from enforcing its anti-gambling laws against the company's prediction markets while it appeals a ruling holding the state could do so.

  • August 07, 2026

    Texas Docs Can't Exit Patient's Hernia Surgery Death Suit

    A Texas appellate court has refused to toss a suit accusing two doctors of causing a hernia surgery patient's death, finding that the plaintiff submitted an expert report that met the "low threshold" required under the state's medical malpractice statute.

  • August 07, 2026

    Del. High Court Won't Toss Newsom Defamation Suit

    The Delaware Supreme Court has denied Fox News' call for a mid-case review of an April ruling that allowed California Gov. Gavin Newsom's $787 million defamation suit to proceed.

  • August 07, 2026

    Hyatt Says No Rehearing Needed In $300M Rewards Tax Fight

    The Seventh Circuit doesn't need to reconsider its decision to remand a dispute over the taxability of $300 million in funds from Hyatt Hotels' loyalty rewards program to the U.S. Tax Court, the hospitality giant told the court.

  • August 07, 2026

    J&J Fax Sent To Pharmacy An Unwanted Ad, 3rd Circ. Says

    In a precedential opinion Friday, the Third Circuit ruled a two-page fax Johnson & Johnson sent to a Florida pharmacy about its drug Xarelto was an unsolicited advertisement, reversing a lower court's finding and reviving a class claim filed by the pharmacy alleging the drugmaker violated the Telephone Consumer Protection Act.

  • August 07, 2026

    Mich. Estate Can Seek Damages For Lost Caregiving Services

    The estate of a woman who died after allegedly suffering complications from improperly managed blood-thinner treatment may seek damages for the household and caregiving services she would have provided to her husband, a Michigan appellate panel ruled Thursday.

  • August 07, 2026

    Immigrant Groups Seek 1st Circ. Stay On TPS Work Limits

    A coalition of immigration advocacy groups, a union and its affiliate asked the First Circuit to step in after a Massachusetts federal judge declined to freeze a one-year work authorization cap for those with temporary protected status, arguing that its members will suffer irreparable harm without immediate relief.

  • August 07, 2026

    Trump Renews Bid To Oust Fed's Cook Over Mortgage Claims

    The White House has notified Federal Reserve Gov. Lisa Cook that President Donald Trump is "considering" moving again to oust her from the central bank, setting up another potential legal battle after the U.S. Supreme Court blocked her removal in June.

  • August 07, 2026

    NY Court Says Town's Cannabis Zoning Rule Preempted

    A New York intermediate appellate court has found that the state's marijuana law preempts localities from enforcing more stringent location policies for marijuana stores than what is found in state law.

  • August 07, 2026

    Conn. $226K Atty Fund Seizure Holds Up At Appeals Court

    A Connecticut appeals court held Friday that an attorney who successfully challenged his 90-day suspension was not entitled to dismissal of a related order forfeiting the contents of his trust account, leaving the dispute ready for the Connecticut Supreme Court to weigh in again.

  • August 07, 2026

    CoStar Fights CREXi Bid To Stay Suit Over Quinn Emanuel DQ

    CoStar is urging a California federal court to reject a bid by Commercial Real Estate Exchange Inc., or CREXi, to pause a copyright suit while CREXi asks the Ninth Circuit to undo the disqualification of its Quinn Emanuel Urquhart & Sullivan LLP attorneys, arguing the stay request is "unsupported by law."

  • August 07, 2026

    Fla. Justices Say They Can't Force Gov.'s Judge Picks

    The Florida Supreme Court on Friday ruled that a former state appellate judge's petition to appoint a successor is moot because the vacancy was filled while the case was pending, adding that only the governor has the power to pick replacements. 

  • August 07, 2026

    5th Circ. Revives Afghan's Asylum Bid Over Translation Error

    The Fifth Circuit said immigration officials' doubts about an Afghan man's claims that he served as security personnel for high-ranking government officials in Afghanistan were not supported by the record, finding the inconsistencies in his testimony were not meaningful.

  • August 07, 2026

    Senator Considers Ethics Complaint Against 3rd Circ. Judge

    Sen. Chris Coons, D-Del., has indicated he is weighing whether to pursue ethics charges against U.S. Circuit Judge Jennifer Mascott of the Third Circuit in the wake of a news report stating she operated a public affairs agency from the bench.

  • August 07, 2026

    NJ Panel Says Arbitrators Don't Have To Disclose Remote Ties

    A New Jersey appellate panel on Friday rejected a former hospital employee's argument that an arbitrator's prior role as corporate counsel for a hospital her attorney had previously sued created a conflict of interest, ruling that such remote relationships don't create a conflict.

  • August 07, 2026

    Cornell Can't Strike Jury Demand In Recordkeeping Fee Suit

    A New York federal judge denied Cornell University's request to strike a jury trial demand in a class action alleging that excessive recordkeeping fees dragged down workers' retirement plan savings, saying the class is entitled to a jury because the complaint sought both legal and equitable remedies.

  • August 07, 2026

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen Cleary Gottlieb sue a former client it advised on the proposed sale of a holding company and the continuation of litigation between pharma giants Merck Sharp & Dohme and Merck KGaA over rights to the Merck name in the U.K.

  • August 07, 2026

    ERISA Recap: 6 Important Rulings From July

    The Ninth Circuit rejected a fund manager's bid to force a 401(k) suit into arbitration, a district court tossed a pension de-risking suit, and the D.C. Circuit unraveled a union pension fund's $13 million withdrawal liability win.

  • August 07, 2026

    Key Senator Backs Blanche, Likely Securing AG Confirmation

    Acting Attorney General Todd Blanche appears to have locked down the votes needed for his bid to be attorney general after Sen. Bill Cassidy, R-La., said Friday that he would support the nomination.

  • August 06, 2026

    Union Pacific Appeal Revives Environmental Insurance Claims

    A Washington appeals panel Thursday revived Union Pacific Railroad Co.'s insurance claims around environmental liability at four sites in Washington and Oregon, ruling that the locations fell outside the scope of the railroad's decades-old settlement agreements with U.S. Fire Insurance Co.

  • August 06, 2026

    TitleMax Rebuffed In 4th Circ. Bid To Halt Pa. Usury Case

    The Fourth Circuit has cleared Pennsylvania's banking regulator to continue its pursuit of $52.7 million in penalties from TitleMax for alleged interest-rate violations, rejecting a bid by the title lender's South Carolina arm to block the out-of-state enforcement proceeding. 

  • August 06, 2026

    Spain To Seek 2nd Chance In Award Enforcement Cases

    Spain will continue fighting the enforcement of hundreds of millions of euros worth of arbitral awards against it despite the U.S. Supreme Court denying its certiorari bid in a series of parallel cases, focusing on issues raised by the Trump administration in those cases.

  • August 06, 2026

    X Corp. Asks 5th Circ. To Revive Advertiser Boycott Suit

    X Corp. has asked the Fifth Circuit to revive its antitrust lawsuit accusing Mars, CVS, Nestle, Lego, Tyson Foods and other advertisers of agreeing to boycott the social media platform after Elon Musk's purchase, arguing a Texas federal judge "asked the wrong questions and gave the wrong answers."

Expert Analysis

  • 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.

  • Justices' Tax Sale Ruling Tees Up Auction Fairness Battles

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    The U.S. Supreme Court’s recent decision in Pung v. Isabella County, Michigan, that taxpayers are not entitled to fair market value of real property seized to satisfy a tax debt shifts attention to the fairness of state and local auction procedures, and whether taxpayers claiming surplus proceeds face unwarranted hurdles, say attorneys at Miller Canfield.

  • Why The 2nd Circ. Upheld Beneficial Ownership Blockers

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    The Second Circuit recently held that a properly drafted contractual blocker — which caps an investor's beneficial ownership below 10% and automatically voids any transaction that would breach the cap — shields the investor from Section 16(b) liability, demonstrating that blockers have teeth, say attorneys at Sheppard.

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