Appellate

  • August 13, 2026

    8th Circ. Says Mid-Interview Deletions Allowed Phone Seizure

    An Eighth Circuit panel ruled that police did not violate the Fourth Amendment when they seized a phone from a South Dakota man accused of trying to trade vape pens to a 16-year-old for sex, saying they did not need a warrant because they saw him trying to delete evidence during an interview.

  • August 13, 2026

    Baby Food Cos. Near Ax Of Some ADHD, Autism Claims

    A California federal judge indicated on Thursday that she would grant summary judgment to a significant swath of claims in multidistrict litigation alleging lead and arsenic in baby food from Gerber, Beech-Nut, Walmart and others contributed to children's ADHD and autism, which follows her previous ruling that the plaintiffs' causation evidence was too unreliable.

  • August 13, 2026

    DirecTV Says Tegna Board Issue Proves Injunction Is Needed

    DirecTV is pointing the Ninth Circuit toward a recent court order clarifying that when a federal judge told Nexstar and Tegna to remain separate while a challenge to their $6.2 billion merger plays out, that also meant they weren't allowed to put Nexstar execs on Tegna's board of directors.

  • August 13, 2026

    Supreme Court's Apple App Store Pause Lifted After 24 Hours

    Following the expiration of a roughly 24-hour pause on the App Store dispute between Apple and Epic Games, Apple put a 15% commission on the table Thursday to try to comply with a mandate forcing it to dramatically cut what it charges for App Store sales.

  • August 13, 2026

    9th Circ. Says U. Of Wash. Is Immune From Vax Firing Suit

    A Ninth Circuit panel declined on Thursday to reinstate former University of Washington employees' claims that they were wrongfully fired after refusing the COVID-19 vaccination on religious grounds, concluding the university qualifies as an arm of the state that cannot be sued for civil rights violations under the relevant federal law.  

  • August 13, 2026

    Bristol-Myers Can't Duck UMB Suit Targeting Drug Approvals

    The Second Circuit on Thursday revived UMB Bank's suit alleging Bristol-Myers Squibb's slow-walking of the drug approval process caused investors to miss out on billions of dollars, rejecting the pharmaceutical giant's contention that the bank lacked standing to sue.

  • August 13, 2026

    7th Circ. Vacates Gun Sentence Over 'Conspiracy' Definition

    The Seventh Circuit has vacated a nearly eight-year prison sentence for an Indiana man convicted of gun possession as a felon, finding he was incorrectly given a crime of violence enhancement for a prior state charge that caused him to receive an inflated sentence.

  • August 13, 2026

    9th Circ. Revives $140M Robo-Surgery Antitrust Case

    The Ninth Circuit on Thursday revived a surgical instrument repair company's antitrust suit accusing the makers of the da Vinci surgical robot of illegally blocking third parties from repairing its instruments, ruling that a district judge erred in applying the U.S. Supreme Court's Kodak factors to the dispute.

  • August 13, 2026

    8th Circ. Partially Revives Iowa Adjuster Law Challenge

    The Eighth Circuit has revived a residential contractor's claim that its First Amendment rights were violated when the Iowa Insurance Division issued warning notices pursuant to the state's public adjuster laws, while affirming that the statutes are not unconstitutional on their face and not void for vagueness.

  • August 13, 2026

    5th Circ. Nixes Fed Approval For Offshore Oil Export Port

    A Fifth Circuit panel overturned a license approval for a deepwater port off Texas, ruling that the Trump administration failed to properly consider how a pipeline serving the offshore crude oil export facility would intersect a pipeline for another approved port.

  • August 13, 2026

    United Asks Justices To Void 'Destabilizing' Vax Bias Class

    United Airlines has asked the U.S. Supreme Court to review a "destabilizing" Fifth Circuit ruling preserving class certification for workers who sued the airline for religious discrimination after they opposed United's COVID-19 vaccine mandate and were placed on unpaid leave.

  • August 13, 2026

    J&J Says No To Reviving Stelara Case

    Johnson & Johnson has asked the Fourth Circuit not to revive CareFirst's antitrust suit alleging the company tried to monopolize the market for the immunosuppressive drug Stelara.

  • August 13, 2026

    Texas Appeals Court Flips $34M Verdict In Hospital Suit

    A Texas appeals court wiped out a $34 million verdict against a healthcare company Thursday, saying the trial court interpreted the parties' contract incorrectly and the company did not breach its agreement with a private orthopedic practice group.

  • August 13, 2026

    Kalshi Must Suspend Most Wash. Offerings, Install Geofencing

    A Washington state court judge has blocked Kalshi from offering event contracts to state residents in most of its prediction market categories while the attorney general's legal challenge unfolds, setting deadlines for the platform to institute location-based geofencing, while spurning the company's bid to maintain operations pending appeal.

  • August 13, 2026

    4th Circ. Won't Undo Block Of Gilead-Branded Drug Imports

    The Fourth Circuit on Thursday refused to undo a lower court's order in a trademark suit that blocked a vendor, used by health plans to cut medication costs, from importing Gilead-branded medications into the U.S.

  • August 13, 2026

    6th Circ. Jails Minnesota Activist Over Anti-ICE Threats

    A self-described "antifa" member from Minneapolis must return to jail on federal charges of cyberstalking and making threats against supporters of U.S. Immigration and Customs Enforcement, with a divided Sixth Circuit panel determining he still poses a threat to the public.

  • August 13, 2026

    Lindberg Carriers Urge NC Panel To Affirm $467M Judgment

    Several insurance companies asked a North Carolina state appeals court to affirm a $467 million fraud damages award granted by a trial court against convicted insurance magnate Greg Lindberg and his private investment firm Global Growth Holdings, maintaining that Lindberg recycled "already rejected" arguments regarding the insurers' recovery.

  • August 13, 2026

    Split 11th Circ. Backs IRS $1M Value For Contested Easement

    A split Eleventh Circuit panel affirmed a decision to slash three Georgia landowners' conservation easement value from $18 million to $1 million Thursday, saying the U.S. Tax Court didn't need to determine the property's best use because the parties already agreed on that use.

  • August 13, 2026

    Nike Agrees To End Appeal Of TM Fee Award At 3rd Circ.

    Clothing-maker Lontex Corp. and Nike Inc. have agreed to put an end to their battle over a lower court's finding that the sportswear giant had to pay attorney fees in a trademark case, asking the Third Circuit to undo a decision that the case was exceptional.

  • August 13, 2026

    3rd Circ. Upholds Dismissal Of Lipitor Pay-To-Delay Case

    The Third Circuit on Thursday backed the dismissal of an antitrust suit alleging Pfizer Inc. and Ranbaxy Laboratories Ltd. conspired to delay the market entry of a generic version of the cholesterol drug Lipitor, ruling that the plaintiffs lacked standing.

  • August 13, 2026

    GEO Takes Immunity Delay To 10th Circ. In Forced Labor Suit

    Private prison operator GEO Group Inc. has filed a notice of appeal seeking Tenth Circuit review of a Colorado federal judge's failure to rule on its qualified immunity bid in a forced-labor suit by detainees, arguing further delay would effectively deprive it of that protection.

  • August 13, 2026

    Ohio High Court Reinstates $1.9M Farmworker Injury Verdict

    The Ohio Supreme Court has revived a $1.9 million verdict in favor of a farmworker over injuries he sustained on the job, finding the appeals court wrongly required that he prove that his employer had deliberately not reattached a safety guard on the tractor that injured him.

  • August 13, 2026

    5th Circ. Narrows Tax Break Ruling For Limited Partners

    A Fifth Circuit panel revised its ruling in a long-running feud over the self-employment tax exclusion for certain business partners, adjusting its interpretation of "limited partner" and narrowing its finding that a state's limited liability designation triggers the tax break.

  • August 13, 2026

    DOJ Backs X Corp.'s 5th Circ. Advertiser Boycott Appeal

    The U.S. Justice Department backed X Corp. on Wednesday by arguing in a Fifth Circuit amicus brief that a Texas federal judge botched the antitrust injury analysis when tossing a lawsuit accusing Mars, CVS, Nestle, Lego, Tyson Foods and other advertisers of agreeing to boycott the social media platform after Elon Musk's purchase.

  • August 13, 2026

    4th Circ. Won't Rehear Tort Atty's $25M Extortion Conviction

    The Fourth Circuit has declined to reconsider its affirmance of the conviction of a prominent medical malpractice attorney for attempting to extort the University of Maryland Medical System for $25 million.

Expert Analysis

  • 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.

  • 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.

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