Appellate

  • October 15, 2026

    Anthropic Urges DC Circ. To Revisit Defense Supply Risk Ban

    Anthropic has urged the D.C. Circuit to reconsider a split panel's decision allowing the Pentagon to exclude Claude artificial intelligence models from its supply chain, saying the decision, if left standing, puts U.S. companies at risk of punishment for refusing Pentagon demands.

  • October 15, 2026

    2nd Circ. Doubts NY's Power To Regulate Nuclear Discharge

    A Second Circuit panel appeared skeptical of a New York law banning a decommissioned nuclear power plant's waste from being discharged into the Hudson River, asking pointed questions on Thursday on why those discharges are not part of the plant's operations.

  • October 15, 2026

    Texas Appeals Court Says Cities Can't Block ETJ Opt-Out Law

    A Texas appeals court on Thursday found that cities cannot block a state law that allows citizens living in areas surrounding municipalities to leave the cities' jurisdiction, saying the law does not violate the Texas Constitution.

  • October 15, 2026

    Murdaugh Tells 4th Circ. To Revive Jury Tampering Civil Suit

    Disgraced lawyer Alex Murdaugh asked the Fourth Circuit on Thursday to revive his suit accusing a court clerk of interfering in his murder trial, arguing he has standing because the alleged tampering "destroyed the value" of his $600,000 defense.

  • October 15, 2026

    1st Circ. Orders New Look At Defendant's Role In Drug Org.

    The First Circuit on Thursday said a Boston man must be resentenced after he pled guilty to conspiracy to distribute drugs because the sentencing judge erroneously found he was not a low-level player in the drug trafficking operation.

  • October 15, 2026

    9th Circ. Orders New Murder Trial Over Juror Mental Crisis

    The Ninth Circuit on Thursday vacated a man's convictions for a slaying on the waters off California's coast, saying the trial court should have declared a mistrial after dismissing a juror who experienced a mental health crisis during deliberations.

  • October 15, 2026

    Wash. Justices Doubt Prosecutor Immunity In Judge DQ Case

    Washington Supreme Court justices pushed back Thursday on assertions by a county prosecutor's office that it's immune from claims that it improperly used disqualification affidavits to remove a former judge from its cases, with one justice noting that a line-level prosecutor acknowledged an officewide policy to seek disqualification of the judge.

  • October 15, 2026

    Ohio Justices Say There Is No Limit On Refiled Actions

    The Supreme Court of Ohio on Thursday ruled that the state's saving statute does not limit how many times an action may be refiled, allowing a wealth management firm client to proceed with claims over bad investment advice he allegedly received.

  • October 15, 2026

    Louisiana Asks Justices To Undo Stay In Coastal Damage Suit

    Louisiana urged the U.S. Supreme Court to erase a Fifth Circuit stay of a remand order preventing one of its parishes from litigating coastal damage claims against an oil and gas company in state court, arguing the "comity essential to our federalism" was disrupted.

  • October 15, 2026

    3rd Circ. Upholds Removal Over NY Sex Abuse Conviction

    The Third Circuit rejected a Bangladeshi man's bid to overturn a Board of Immigration Appeals decision finding him removable based on a conviction for an aggravated felony, rejecting his invitation to redefine what constitutes sexual abuse of a minor.

  • October 15, 2026

    Texas Appeals Court Says Perot VC Suit Belongs In Biz Court

    A Texas appellate court on Thursday found that a multimillion-dollar suit brought by a Dallas businessman against billionaire Ross Perot Jr. belongs in the Texas Business Court, saying the businessman's claims arose from the sale of a healthcare company.

  • October 15, 2026

    Exxon Can't Escape $816M Verdict In Benzene Exposure Suit

    Exxon Mobil Corp. cannot escape a nearly $816 million judgment awarded to a service station mechanic who says his exposure to benzene in the oil giant's products was responsible for his leukemia, a Pennsylvania appellate court ruled Thursday.

  • October 15, 2026

    Colo. Panel Upholds Agency's Emissions Monitoring Rule

    The Colorado Court of Appeals upheld a state agency's rule on emissions monitoring Thursday, wholly rejecting a challenge by environmental groups that contended the rule allows most polluters to escape certain monitoring requirements by paying a fee.

  • October 15, 2026

    Trump Admin Urges High Court To Curb APA Rule Vacatur

    The Trump administration is asking the U.S. Supreme Court to decide whether the Administrative Procedure Act allows federal judges to universally vacate agency rules in what could be a major test of the judiciary's authority to check executive agency power.

  • October 15, 2026

    11th Circ. Nixes Fla. Manslaughter Sentencing Enhancement

    The Eleventh Circuit vacated a seven-year sentence for a man who pled guilty to illegal possession of a firearm, finding a lower court incorrectly factored in his prior conviction for attempted manslaughter as a crime of violence.

  • October 15, 2026

    Singer's Widow Says Disputed Cause Revives Crash Suit

    The wife of a country singer urged a New Jersey appellate panel Thursday to revive her suit over the helicopter crash that killed her husband, arguing that there is a genuine dispute over whether the manufacturer of the helicopter's engine is responsible for alleged defects in one of the engine components.

  • October 15, 2026

    Nunes Loses 2nd Circ. Appeal In Defamation Case

    The Second Circuit has upheld a New York federal judge's August 2025 dismissal of former U.S. Rep. Devin Nunes' defamation suit against NBCUniversal over a 2021 Rachel Maddow broadcast.

  • October 15, 2026

    Innocent Spouse Tax Relief Bid Timely Filed, 5th Circ. Told

    The U.S. Tax Court improperly concluded that a Texas woman narrowly missed a statutory filing deadline in seeking innocent spouse relief on federal income taxes and shouldn't have dismissed her case, she told the Fifth Circuit, arguing the deadline isn't jurisdictional.

  • October 15, 2026

    11th Circ. Backs Allegiant Win Over Race Bias, Retaliation Suit

    The Eleventh Circuit refused to reopen a Black former Allegiant Airlines employee's suit alleging she was fired for complaining to the CEO that white colleagues were harassing her and making racist jokes, finding she only contacted the executive after she was caught lying about an altercation with a co-worker.

  • October 15, 2026

    Missouri AG Alumni Make Their Mark In Trump 2.0

    Missouri is hundreds of miles from Washington, D.C., but the legal community of the Show-Me State has taken a significant hold in the second Trump administration.

  • October 15, 2026

    Justices Stay 4th Circ. Mandamus In FCC Political Ad Case

    The U.S. Supreme Court has stayed an order from a Fourth Circuit panel that would have required the full Federal Communications Commission to review agency staff guidance requiring broadcasters to offer discount ad rates to political committees tied to candidates.

  • October 15, 2026

    Muscogee Chief Says Court Can't Grant Freedmen Citizenship

    Muscogee (Creek) Nation Principal Chief David Hill is asking an Oklahoma federal court to dismiss a challenge that looks to block the tribe from denying citizenship to descendants of people once enslaved by the Indigenous nation, arguing that it can be achieved only through a constitutional amendment and legislative process.

  • October 15, 2026

    Ex-Marvel CEO Drops Punitive Damages Bid In DNA Feud

    The former CEO of Marvel Entertainment asked a Florida court Thursday to enter a final judgment in his long-running feud with a neighbor over the surreptitious collection of DNA evidence, after he dropped a claim for punitive damages that was the subject of a high-profile Florida Supreme Court case.

  • October 15, 2026

    Gov't Urges Justices To Reject Google, Intel Fight Over Fintiv

    The U.S. Patent and Trademark Office has urged the U.S. Supreme Court to reject Intel Corp. and Google LLC's challenge to a precedent allowing Patent Trial and Appeal Board petitions to be denied based on related litigation.

  • October 15, 2026

    Tesla Says Gov't Brief Shows USPTO Wants 'Absolute Power'

    Electric carmaker Tesla told the U.S. Supreme Court that it should take a case over the U.S. Patent and Trademark Office leadership's discretionary standards for granting or denying patent review, saying a recent government brief illustrates how the office wants "absolute power" when it comes to restricting such reviews.

Expert Analysis

  • 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.

  • Patent Eligibility Reforms Keep Chasing The Wrong Fixes

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    Repeated efforts to create a consistent, predictable patent eligibility standard under Section 101 have centered on replacing judge-made exceptions with new statutory language, but the better fix is to align examination standards with how courts actually apply eligibility doctrine, says former Patent Trial and Appeal Board judge Amee Shah.

  • Opinion

    Qualified Immunity Bill's Reach Goes Beyond Federal Officers

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    The federal Qualified Immunity Abolition Act, introduced earlier this year and described by the bill sponsors as a federal-officer measure, would in actuality reach the entire universe of Section 1983 defendants, a distinction that matters as much to defense counsel as to plaintiffs, says attorney V. James DeSimone.

  • Where The Justices Aligned In Appellate Authority Ruling

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    The real story of the U.S. Supreme Court’s recent ruling in T.M. v. University of Maryland Medical System Corp., finding that a doctrine designed to curtail duplicative litigation prevents federal district courts from reviewing state court decisions, is in how the justices together revisited an obscure, century-old jurisdictional doctrine, says Alex Dimitrief at Zeughauser Group.

  • How High Court Pepsi Case Could Brew TM Strategy Shift

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    The U.S. Supreme Court's forthcoming decision in RiseandShine v. PepsiCo will determine whether a judge or jury decides trademark strength in infringement disputes, which could meaningfully change early-stage motion practice, discovery and what evidence is needed to prove a mark is strong, says Rachel Scobie at Merchant & Gould.

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