Appellate

  • May 07, 2026

    Fed. Circ. Judges Stuck On Drug Efficacy's Role In Patents

    A Federal Circuit panel struggled Thursday to pin down where the line is between patent enablement on cancer drug patents and U.S. Food and Drug Administration standards, as a Pfizer unit tried to revive its $107 million jury victory over AstraZeneca.

  • May 07, 2026

    Judges Clash On Whether Kelly Urged Order Disobedience

    A D.C. Circuit panel appeared to be headed for a split decision on Defense Secretary Pete Hegseth's appeal of a district court order stopping him from dropping Sen. Mark Kelly's U.S. Navy rank, with judges clashing over whether Kelly ever told service members to disobey lawful orders.

  • May 07, 2026

    Trump Campaign Exits Sex Assault Suit, Manager Appeals

    Days after President Donald Trump's 2016 campaign settled negligence claims in a former aide's sexual assault lawsuit, an ex-campaign manager accused of rape faced doubts from New York state appellate judges that he could escape the case with their help.

  • May 07, 2026

    6th Circ. Tosses Ohio's Out-Of-State Wine Limits

    The Sixth Circuit has struck down as unconstitutional Ohio's restrictions on out-of-state retailers' ability to sell wine directly to consumers in the Buckeye State.

  • May 07, 2026

    NC Panel Rules Prior Verdict Bars Hospital Negligence Case

    A divided North Carolina state appeals court panel pulled the plug on a couple's negligence case against a local hospital, finding their suit is bound by a verdict in a separate, near-identical lawsuit in which a jury cleared the same hospital of wrongdoing.

  • May 07, 2026

    9th Circ. Backs Lead Choice In Super Micro Investor Fraud Suit

    A Ninth Circuit panel has refused to undo a California federal court order rejecting Crain Walnut Shelling's bid to lead a securities class action against Super Micro Computers Inc., concluding Thursday the lower court properly determined other investors had shown the nut processor wasn't fit to spearhead the case.

  • May 07, 2026

    'If It Quacks': Judge Hints Kalshi's Biz Is Sports Gambling

    Fourth Circuit judges appeared dubious Thursday as counsel for Kalshi explained why its "sports event contracts" can only be regulated by the U.S. Commodity Futures Trading Commission rather than state gambling laws, with one judge remarking, "If it quacks, you know, it's a duck. Right? It's gambling isn't it?"

  • May 07, 2026

    4th Circ. Questions Class Cert. Ruling In Boeing Investor Case

    The Fourth Circuit indicated on Thursday it may send an investor lawsuit against Boeing back to a lower court for a second look at class certification, with one judge saying the district court "told us nothing" about what liability theory was being relied on to certify the class.

  • May 07, 2026

    La. Says Mailed Abortion Pills Harm State Budget, Sovereignty

    The state of Louisiana on Thursday defended its standing to challenge telehealth access to the abortion medication mifepristone, telling the U.S. Supreme Court that it has suffered financial and other injuries as mail-order pills flood the state.

  • May 07, 2026

    Judge, In 'Difficult Position,' OKs Rare Patent Defense

    A Massachusetts federal judge found himself in what he said was a "difficult position" in allowing an unusual defense to be advanced in a patent infringement case related to blood pumps in light of criticism of the defense from the Federal Circuit.

  • May 07, 2026

    $495M Win Upheld In Abbott Baby Formula Bellwether Trial

    A Missouri appellate panel on Tuesday upheld a trial win of $95 million in compensatory damages and $400 million in punitive damages over bellwether claims that Abbott Laboratories' baby formula caused a premature baby to suffer a fully disabling condition.

  • May 07, 2026

    Pentagon Defends Anthropic Security Risk Label At DC Circ.

    The U.S. Department of Defense told the D.C. Circuit on Wednesday that Defense Secretary Pete Hegseth acted well within his statutory discretion when he labeled Anthropic PBC a supply-chain risk to U.S. national security, rejecting Anthropic's claims of retaliation.

  • May 07, 2026

    Colo. Panel Says Insurance Affidavit Didn't Make Marriage

    A Colorado Court of Appeals panel interpreted a Colorado Supreme Court case outlining common law marriage Thursday, finding that an affidavit signed to obtain health insurance isn't alone enough to show the existence of a common law marriage.

  • May 07, 2026

    'Miscarriage Of Justice' Wipes Out $2.5M Injury Verdict

    A New Jersey state appeals court has tossed a $2.5 million verdict in a lawsuit accusing Public Storage of causing a woman's fall injuries, saying it was a "miscarriage of justice" for the lower court to allow repeated references to irrelevant evidence by the plaintiff's counsel.

  • May 07, 2026

    Nielsen Tells 2nd Circ. To Upend Cumulus' Data-Tying Order

    An attorney for Nielsen urged a Second Circuit panel Thursday to undo an order, which is currently stayed, effectively blocking it from conditioning media company Cumulus' access to national radio ratings data on buying its local offerings.

  • May 07, 2026

    Delta Pilots Ask Full 11th Circ. To Rehear Leave Bias Suit

    A group of former Delta Air Lines Inc. pilots whose suit over their use of paid military leave was dismissed by the Eleventh Circuit last month asked the full circuit to consider their claims of "company-wide hostility against military service."

  • May 07, 2026

    Womble Bond Atty's 'Draconian' Penalty Gives 4th Circ. Pause

    A Fourth Circuit panel seemed to struggle Thursday with what one judge described as a "draconian" contempt order against a Womble Bond Dickinson partner, with the panel nudging counsel for both sides toward a simpler solution that wouldn't force the court's involvement.

  • May 07, 2026

    Colo. Panel Says No Resentencing For Habitual Criminal

    A man with an existing criminal record who was sentenced to 44 years in prison in 2015 under Colorado's habitual criminal statute, after firing a gun at someone he claimed was threatening his girlfriend, cannot be resentenced in light of a 2024 U.S. Supreme Court decision, a Colorado appeals court ruled on Thursday.

  • May 07, 2026

    NJ Justices Bar PI Damages For 'Collectible' Future Med Bills

    New Jersey's highest court unanimously ruled that the state's no-fault insurance scheme for victims of automobile accidents bars claimants from asking a jury to award future medical expenses if those projected costs fall within their personal injury coverage limits.

  • May 07, 2026

    NY Med Records Enough For Cancer Suit, Fla. Justices Told

    The mother of a cancer patient urged the Florida Supreme Court on Thursday to revive her malpractice lawsuit alleging two New York physicians failed to detect her daughter's metastatic cancer, arguing that jurisdiction is satisfied with medical records produced by the out-of-state doctors.

  • May 07, 2026

    Mass. Court Nixes Plea Over Bad Immigration Warning

    A man who pled to sufficient facts for drug charges will be allowed to withdraw his admission, Massachusetts' highest court said Thursday, finding that he was not properly warned about the immigration consequences of his plea.

  • May 07, 2026

    DOL Can Argue With Honeywell, Siemens In 401(k) Appeals

    The Third Circuit on Thursday granted the U.S. Department of Labor time to argue in two cases where workers are seeking to revive proposed class actions alleging their employers violated federal benefits law by misallocating forfeitures from an employee 401(k) plan.

  • May 07, 2026

    1st Circ. Chilly On Challenge To DHS Records Policy

    A First Circuit panel appeared disinclined Thursday to revive a suit alleging the federal government regularly withholds records from immigrants in deportation and asylum proceedings, with one judge saying that if the process is unfair, it would be Congress' job to fix it.

  • May 07, 2026

    11th Circ. Deepens Split On DHS' No-Bond Detention

    A split Eleventh Circuit panel rejected the Trump administration's interpretation of federal immigration law as requiring mandatory detention of noncitizens who entered the U.S. unlawfully, ruling that such individuals are entitled to bond hearings and deepening a growing circuit split.

  • May 07, 2026

    NC Judge Tosses Atty's Suit Against State Bar Panel Member

    A North Carolina federal judge dismissed a suspended attorney's lawsuit against a State Bar Disciplinary Hearing Commission member he accused of bias and due process violations, finding Thursday that the defendant is entitled to absolute quasi-judicial immunity.

Expert Analysis

  • A Primer On Law Enforcement Self-Defense Doctrine

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    In the wake of several shootings by federal immigration agents in Minneapolis, misconceptions persist about what the laws governing police use of force actually permit, and it’s essential for legal practitioners to understand the contours of the underlying constitutional doctrine, says Markus Funk at White & Case.

  • Series

    Teaching Logic Makes Me A Better Lawyer

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    Teaching middle and high school students the skills to untangle complicated arguments and identify faulty reasoning has made me reacquaint myself with the defined structure of thought, reminding me why logic should remain foundational in the practice of law, says Tom Barrow at Woods Rogers.

  • Series

    Law School's Missed Lessons: Practicing Resilience

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    Resilience is a skill acquired through daily practices that focus on learning from missteps, recovering quickly without internalizing defeat and moving forward with intention, says Nicholas Meza at Quarles & Brady.

  • How Specificity, Self-Dealing Are Shaping ERISA Litigation

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    Several recent cases, including the U.S. Supreme Court's forthcoming ruling in Anderson v. Intel, illustrate the competing forces shaping excessive fee litigation, with plaintiffs seeking flexibility, courts demanding specificity, fiduciaries facing increased scrutiny for conflicts of interest, and self-dealing amplifying exposure, says James Beall at Willig Williams.

  • Contract Disputes Recap: Terminations Galore

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    Three recent decisions from the Federal Circuit and the Civilian Board of Contract Appeals provide valuable insights about sticking to a contract's plain language, navigating breach of contract claims, and jurisdictional limits on reinstatement of a canceled contract, say attorneys at Seyfarth.

  • Opinion

    Minn. Can Still Bring State Charges In Absence Of Fed Action

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    After two fatal shootings by federal immigration officers in Minneapolis, Minnesota's role isn't waiting to see if the federal government brings criminal charges, but independently weighing state homicide charges and allowing the judiciary to decide whether the subject conduct falls within the narrow protections of supremacy clause immunity, says Sheila Tendy at Tendy Law.

  • State Of Insurance: Q4 Notes From Illinois

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    In 2025's last quarter, Illinois’ appellate courts weighed in on overlapping homeowners coverages for water-related damages, contractual suit limitation provisions in uninsured motorist policies, and protections for genetic health information in life insurance underwriting, while the Department of Insurance sought nationwide homeowners' insurance data from State Farm, says Matthew Fortin at BatesCarey.

  • How 2 Tech Statutes Are Being Applied To Agentic AI

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    The application of the Computer Fraud and Abuse Act and the California Invasion of Privacy Act to agentic artificial intelligence is still developing, but recent case law, like Amazon's lawsuit against Perplexity in California federal court, provides some initial guidance for companies developing or deploying these technologies, say attorneys at Weil.

  • Defense Strategy Takeaways From Recent TCPA Class Actions

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    Although recent Telephone Consumer Protection Act decisions do not establish any bright-line tests for defeating predominance based on an argument that class members provided consent for the calls, certain trends have emerged that should inform defense strategies at class certification, say attorneys at Womble Bond.

  • NYC Bar Opinion Warns Attys On Use Of AI Recording Tools

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    Attorneys who use artificial intelligence tools to record, transcribe and summarize conversations with clients should heed the New York City Bar Association’s recent opinion addressing the legal and ethical risks posed by such tools, and follow several best practices to avoid violating the Rules of Professional Conduct, say attorneys at Smith Gambrell.

  • Series

    The Biz Court Digest: Dispatches From Utah's Newest Court

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    While a robust body of law hasn't yet developed since the Utah Business and Chancery Court's founding in October 2024, the number of cases filed there has recently picked up, and its existence illustrates Utah's desire to be top of mind for businesses across the country, says Evan Strassberg at Michael Best.

  • 4 Quick Emotional Resets For Lawyers With Conflict Fatigue

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    Though the emotional wear and tear of legal work can trap attorneys in conflict fatigue — leaving them unable to shake off tense interactions or return to a calm baseline — simple therapeutic techniques for resetting the nervous system can help break the cycle, says Chantel Cohen at CWC Coaching & Therapy.

  • 2 Rulings Showcase Fuzzy Limits Of 'Related To' Jurisdiction

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    The Fifth and Ninth Circuits recently handed down decisions, in Sanchez Energy and Sawtelle Partners, respectively, reminding practitioners that bankruptcy court jurisdiction over lingering disputes is not guaranteed, regardless of whether confirmation orders contain specific "retention of jurisdiction" language, says Brian Shaw at Cozen O’Connor.

  • 3 Key Ohio Financial Services Developments From 2025

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    Ohio's banking and financial services sector saw particularly notable developments in 2025, including a significant Ohio Supreme Court decision on creditor disclosure duties to guarantors in Huntington National Bank v. Schneider, and some major proposed changes to the state's Homebuyer Plus program, says Alex Durst at Durst Kerridge.

  • Patent Eligibility Faces Widening Gap Between USPTO, Courts

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    The year 2026 opened with a profoundly altered Patent Act Section 101 ecosystem — the U.S. Patent and Trademark Office has pushed eligibility as far open as it can for artificial intelligence technologies, but the courts are not on the same page, say attorneys at Skadden.

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