Appellate

  • August 19, 2026

    Mass. Top Court Clears Path For $325M Pro Soccer Stadium

    Massachusetts' highest court on Wednesday cleared the way for construction to continue on a $325 million women's professional soccer stadium on a parcel within Boston's historic Franklin Park, finding that the project is not subject to a state law protecting parkland from development.

  • August 19, 2026

    Colo. Justices To Weigh Insurer's Policy Disclosure Duty

    The Colorado Supreme Court has agreed to review whether an insurer must turn over an auto insurance policy under state disclosure law even when the policy was not in effect at the time of the underlying accident.

  • August 19, 2026

    4th Circ. Ends Immigration Judges' Free Speech Suit

    The Fourth Circuit on Wednesday affirmed that a district court lacked authority to hear a suit from an immigration judges' union challenging a policy barring judges from speaking publicly about immigration without prior approval.

  • August 19, 2026

    Ga. Appeals Court Says Hospital Must Face Negligence Suit

    A Georgia hospital will have to face a woman's suit alleging her husband died because one of its employees dropped him during a bed transfer, the Georgia Court of Appeals said, faulting a trial court's ruling that she needed to file an expert affidavit.

  • August 18, 2026

    7th Circ. Says Resort Co. Waited Too Long For TCPA Suit Arb.

    The Seventh Circuit on Tuesday concluded Club Exploria's conduct in a long-running Telephone Consumer Protection Act case was inconsistent with its intent to arbitrate as it waited four years to raise arbitration and finding its decision to hire new lawyers "late in the game cannot excuse prior counsel's lack of diligence."

  • August 18, 2026

    DC Circ. Backs EPA Forever Chemicals Rules

    The D.C. Circuit Tuesday backed the U.S. Environmental Protection Agency's designation of the two most common forms of forever chemicals as hazardous substances under federal Superfund law, rejecting arguments from industry that the agency didn't have a legal basis to do so.

  • August 18, 2026

    At DC Circ., Pharma's Latest Pricing Loss Has Silver Linings

    The pharmaceutical industry's far-flung crusade against Medicare's new negotiation powers suffered a fresh setback Tuesday as the D.C. Circuit joined sister circuits in upholding the landmark pricing program, but the defeat contained consolation prizes that will fuel further litigation.

  • August 18, 2026

    Pa. Justices Vacate New Trial Grant In Child Murder Case

    The Pennsylvania Supreme Court on Tuesday vacated a court's decision to grant a new trial to a man sentenced to death for strangling his ex-girlfriend and her 5-year-old daughter and staging the crime scene as a murder-suicide, saying strong evidence of his guilt outweighed his post-conviction relief claims.

  • August 18, 2026

    7th Circ. Rejects Ex-Cushman GC's Defamation Revival Bid

    Cushman & Wakefield's former general counsel cannot pursue an Illinois defamation claim over a Law.com article and subsequent revision he claims improperly linked his departure to subpoena deadline mismanagement in a Trump Organization property tax probe, the Seventh Circuit said Tuesday.

  • August 18, 2026

    DC Circ. Revives Part Of Fight Over Braille-Free Drug Label

    The D.C. Circuit on Tuesday partially vacated a lower court judgment that had upheld the U.S. Food and Drug Administration's approval of a label without braille for Teva Pharmaceuticals' generic version of a drug often prescribed to blind people.

  • August 18, 2026

    Hesai Deprived Due Process Over DOD List, DC Circ. Says

    A D.C. Circuit panel held Tuesday that a Department of Defense decision to include Shanghai lidar-maker Hesai on a list of Chinese military companies didn't give the company due process, reversing a lower court's ruling while also allowing the designation to remain in effect.

  • August 18, 2026

    Big Tech, PTAB Attys Urge Justices To Fix USPTO Power Grab

    The Federal Circuit's refusal to curb the U.S. Patent and Trademark Office director's power over instituting Patent Trial and Appeal Board challenges has allowed leaders to "wreak havoc" without accountability, top tech companies have warned the U.S. Supreme Court.

  • August 18, 2026

    11th Circ. Says Clerk's Notice Fail Sank Fla. Funds Seizure

    The Eleventh Circuit ruled Monday that a Florida county court clerk violated the Fifth and Fourteenth amendments by taking funds deposited in a court registry as part of an eviction proceeding, because the clerk's notice to the owner of the funds was not reasonably calculated to reach him.

  • August 18, 2026

    Texas AG Asks 1st Circ. To Revive ActBlue Suit

    The Texas attorney general has asked the First Circuit to revive his Texas-based lawsuit against Democratic fundraising platform ActBlue after a Massachusetts federal court blocked it, saying the federal judge improperly stymied his state-based fraud claims.

  • August 18, 2026

    5th Circ. Rejects Texas Water Case Against River Authority

    The Fifth Circuit refused Tuesday to revive a private water utility's antitrust case targeting Texas' San Jacinto River Authority contract fees designed to reduce groundwater use, concluding that the contract was not designed to fix prices.  

  • August 18, 2026

    Feds Seek Full 4th Circ. Review Of DEI Firings Row

    The federal government urged the Fourth Circuit to review a split panel's decision requiring the CIA and Office of the Director of National Intelligence to allow intelligence officers who were fired for their involvement with assignments related to DEI and accessibility to appeal their terminations.

  • August 18, 2026

    Ga. Justices Won't Revisit MARTA Rider's Injury Case

    Georgia's justices said they will not take up the case of a woman who alleged she was injured when a Metropolitan Atlanta Rapid Transit Authority bus driver started driving while she was still paying her fare, allowing a summary judgment ruling in favor of MARTA and the driver to stand.

  • August 18, 2026

    Fla. Panel Undoes Fraud Finding In Pot Extract Machine Suit

    A Florida entrepreneur and engineer accused of failing to deliver on a marijuana extraction system known as the Green Machine will get an opportunity to convince a jury he's not on the hook for the device, a state appeals court ruled, saying a trial is needed to determine whether he is personally responsible.

  • August 18, 2026

    Texas Court Wipes Ex-GloriFi CEO's Claims Against Investor

    A Texas appellate court tossed counterclaims brought by the former CEO of defunct conservative fintech company GloriFi against an erstwhile investor, saying he failed to show the investor defamed him.

  • August 18, 2026

    10th Circ. Revisits Banks' Challenge To Colo. Opt-Out Law

    The Tenth Circuit on Tuesday reconsidered a challenge from banking groups to a Colorado law intended to curb high-cost lending by out-of-state banks, pressing counsel on the practicality of Colorado's law and the history of a federal interest rate law.

  • August 18, 2026

    3rd Circ. Revisits Jury Instruction On Drug Custody Proof

    The Third Circuit has ruled that the government was not required to prove beyond a reasonable doubt the chain of custody for narcotics shown to a jury in a drug conspiracy and distribution case.

  • August 18, 2026

    Tax Court's Petition Deadline Isn't Flexible, 1st Circ. Rules

    The deadline for filing a petition in the U.S. Tax Court isn't a jurisdictional bar that prevents the court from hearing a Maine company's late-filed challenge of a transferee liability notice for unpaid taxes, but the deadline can't be extended to create fairness, the First Circuit said.

  • August 18, 2026

    2nd Circ. Lets Stand Cumulus' Nielsen Data Unbundling Order

    The Second Circuit declined Tuesday to reconsider a ruling that Nielsen cannot tie together sales of its local and national radio data, sustaining a win for the troubled Cumulus Media New Holdings Inc. even as the company tries to enforce the lower court's order against the ratings giant.

  • August 18, 2026

    4th Circ. Backs Block On ICE Actions At Houses Of Worship

    The Fourth Circuit on Tuesday affirmed a district court injunction blocking a 2025 U.S. Immigration and Customs Enforcement policy that loosened prior restrictions on immigration enforcement in houses of worship, finding it likely burdens the free exercise of religion.

  • August 18, 2026

    Fed. Circ. Won't Revive PTAB Challenge Of Westport Patents

    The Federal Circuit on Tuesday said the Patent Trial and Appeal Board was right when it declined to eliminate claims in a pair of fuel injection patents owned by Westport Fuel Systems Canada Inc., saying that Mercedes-Benz and an engineering and technology company didn't prove the invention's obviousness.

Expert Analysis

  • Opinion

    After Monsanto, Defense Bar Must Build Case Against Lohr

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    The U.S. Supreme Court's recent decision in Monsanto v. Durnell has helped to demolish the foundation for its problematic 1996 ruling in Medtronic v. Lohr — so now defense counsel should lay the groundwork for the high court to overturn Lohr, say attorneys at Blank Rome.

  • Justices' FTC Ruling Weakens Qui Tam's Constitutional Base

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    The U.S. Supreme Court’s holding in Trump v. Slaughter, expanding presidential control over those exercising executive power, suggests that courts may be receptive to arguments challenging the constitutional foundations of the False Claims Act’s qui tam mechanism, says Daniel Passeser at Wiggin.

  • 9th Circ. Rule Block Unlikely To Deter FinCEN Cartel Focus

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    The Ninth Circuit recently blocked the Financial Crimes Enforcement Unit's border cash reporting rule, interpreting it as an impermissible use of an emergency anti-money laundering tool, but regulators are more likely to see the opinion as a road map for building a more defensible rule, say attorneys at Bradley Arant.

  • 5 Financial Statement Fraud Red Flags To Spot Post-Sripetch

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    The U.S. Supreme Court recently held in Sripetch v. U.S. Securities and Exchange Commission that disgorgement exists to strip a wrongdoer of unjust enrichment, not merely to compensate victims for what they lost, shifting the work at the center of securities fraud cases in five ways, says Rand Manasse at Green Lane Partners.

  • QVC Ch. 11 Confirmation Shows Independent Directors' Value

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    QVC's recently confirmed Chapter 11 plan joins a growing body of restructuring precedent demonstrating that well-functioning independent director frameworks can create the evidentiary and governance foundation necessary to resolve complex intercompany disputes, preserve value and secure judicial approval of contested transactions, say attorneys at Choate.

  • Series

    Being A Sommelier Makes Me A Better Lawyer

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    Being a sommelier has quietly shaped how I practice law by changing the way I think, communicate and connect with people, and offers a constant reminder that expertise is about making your knowledge useful and accessible to others, says Kara Du at Sheppard.

  • MF Doom IP Suit Highlights Hurdles For Trademark Claims

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    A recent lawsuit involving unauthorized merchandise bearing MF Doom's name and likeness is likely a preview of how infringement and counterfeit cases against online marketplaces will be defended going forward, shedding light on how intellectual property counsel can avoid dismissal of their claims, say Purdue Global Law School professor Scott Mortman and Southwestern Law School student Eden Burkow.

  • Calif. Drug Ruling Affirms Defect-Centric Liability Framework

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    The California Supreme Court's decision in Gilead Tenofovir Cases this week rejects a novel duty-to-innovate theory of negligence that could have reshaped product liability exposure well beyond the pharmaceutical industry, instead signaling that negligence claims premised on nondefective products are unlikely to succeed, say attorneys at Dechert.

  • 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.

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