Appellate

  • July 15, 2026

    Biz, Benefits Groups Tell 4th Circ. To Nix 401(k) Forfeiture Suit

    A trio of business and benefits groups asked the Fourth Circuit to uphold the dismissal of a suit claiming Northrop Grumman improperly used forfeited 401(k) cash to fund its plan contributions, stating it would be "exceedingly odd" for the case to proceed against federal regulations allowing the practice.

  • July 15, 2026

    New Jersey Appellate Division To Get New Chief Judge

    New Jersey Appellate Division Judge Heidi Willis Currier will assume leadership of the division effective Sept. 1 upon the retirement of current Chief Judge Thomas Sumners, the judiciary announced Wednesday.

  • July 15, 2026

    New Conn. High Court Rules Put Filers On Hook For AI Errors

    The Connecticut Appellate and Supreme Courts have published new generative artificial intelligence rules which took immediate effect this week, outlining additional paths for sanctions as the justices weigh the fate of a landlord's attorney who admitted his filings contained ChatGPT-induced errors.

  • July 15, 2026

    DC Circ. Affirms Ratings For Alignment Medicare Plans

    The D.C. Circuit sided with the Centers for Medicare & Medicaid Services regarding its decision not to discard certain unfavorable surveys for Alignment Healthcare's Medicare Advantage plans, saying there is no indication of an administrative error.

  • July 15, 2026

    Minn. Tax Court Right On $108M Building Value, Justices Told

    The Minnesota Tax Court operated within its discretion to give 80% weight to Hennepin County's appraisal of a Minneapolis office building and 20% to the owner's, the county told the state Supreme Court, urging it to uphold the property's valuation.

  • July 15, 2026

    Health Co. Nears Deal To End Telemarketing Co. Breach Fight

    A Florida judge agreed Wednesday to hold off on deciding a motion to stay proceedings in a breach of contract action brought by a telemarketing company that federal regulators accuse of selling $91 million in fake Obamacare plans, after the defendants told the court they're close to a settlement.

  • July 15, 2026

    1st Circ. Says Sending GE PCB Suit To State Court Was Error

    A First Circuit panel has reversed an order remanding to state court a woman's suit over General Electric Co.'s alleged improper disposal of polychlorinated biphenyls, or PCBs, saying the trial court wrongly concluded that GE couldn't take advantage of the federal officer removal statute.

  • July 15, 2026

    Wash. Chief Justice Draws 3 Challengers In Bid For 4th Term

    A former public defender, a naval officer-turned-tax attorney and a family law practitioner are each vying this election season to unseat a veteran Washington State Supreme Court justice who's penned some of the high court's most significant opinions of the last two decades.

  • July 14, 2026

    4th Circ. Affirms Tort Atty's $25M Extortion Conviction

    The Fourth Circuit on Tuesday affirmed the conviction of a medical malpractice attorney for attempting to extort the University of Maryland Medical System out of $25 million, despite his argument that his self-representation at trial was not competent.

  • July 14, 2026

    Mich. Panel Reinstates $1.5M Engineering Malpractice Verdict

    A Michigan appeals court on Monday reinstated a $1.5 million professional negligence verdict against an engineering company, ruling that the trial court improperly changed the jury's award to damages for breach of contract.

  • July 14, 2026

    4th Circ. Revives Jamaican's Case Over Rejected Filings

    A Fourth Circuit panel said immigration judges violated a deported Jamaican man's right to due process when they held he missed a window to reopen removal proceedings after an electronic filing system and court clerk both refused to accept his motion.

  • July 14, 2026

    Fed. Circ. Won't Rethink Utah Tribal Shooting Death Decision

    The Federal Circuit will not reconsider its ruling that the government cannot be held liable for a police-involved shooting on reservation lands that ended in the death of a Utah tribe's member.

  • July 14, 2026

    9th Circ. Erases Comet's $40M Trade Secret Verdict

    A split Ninth Circuit panel on Tuesday overturned Comet Technologies USA's $40 million trade secret verdict against XP Power and ordered a new trial, holding in a precedential decision that the jury was wrongly instructed that XP had to prove Comet's claimed secrets could have been lawfully discovered or reverse-engineered.

  • July 14, 2026

    4th Circ. Sends $166M Arbitral Judgment Back To Trial Court

    The Fourth Circuit ruled Tuesday that a trial court must determine if a $166 million arbitral award against convicted insurance mogul Greg Lindberg can stand under North Carolina law, reversing a lower court's confirmation of the award under the Federal Arbitration Act.

  • July 14, 2026

    Centripetal Seeks Squires Reversal Of Cisco Patent Win

    Centripetal Networks has asked U.S. Patent and Trademark Office Director John Squires to undo a Patent Trial and Appeal Board decision invalidating its cybersecurity patent at issue in a since-vacated multibillion-dollar judgment against Cisco Systems, saying the ruling flouted the law.

  • July 14, 2026

    3rd Circ. Revives Providers' Underpayment Suit Against Cigna

    The Third Circuit partially revived several New Jersey-based healthcare practices' Employee Retirement Income Security Act suit alleging Cigna improperly underreimbursed them for covered healthcare services provided to Cigna's subscribers, ruling Monday the plaintiffs sufficiently alleged they were underpaid for some out-of-network services when compared to their normal charges for similar services.

  • July 14, 2026

    NJ Supreme Court To Review Environmental Justice Rules

    The New Jersey Supreme Court on Tuesday granted certification petitions filed by industry and labor groups that have challenged environmental justice rules that Garden State regulators enacted.

  • July 14, 2026

    NJ Justices Reverse Panel, Enforce Bar On Post-Conviction Bid

    The New Jersey Supreme Court on Tuesday reversed an appellate division court decision that allowed a man convicted of sexually assaulting a child to pursue procedurally barred post-conviction claims, calling the appellate court's opinion "confounding" and based on "multiple levels of speculation."

  • July 14, 2026

    Patent Eligibility Bill Divides Senators Over Health Costs

    Several U.S. senators expressed strong support at a hearing Tuesday for a bill aimed at expanding which inventions are eligible for patents, while others appeared to have reservations about the potential effect of the proposed changes on healthcare costs.

  • July 14, 2026

    Prosecutors Urge NC High Court To Uphold Felon Gun Ban

    Groups representing North Carolina's district attorneys and other law enforcement leaders are urging the North Carolina Supreme Court to uphold a state law barring people convicted of felonies from owning firearms, saying the U.S. Supreme Court has repeatedly held that such laws do not violate the Second Amendment.

  • July 14, 2026

    7th Circ. Says TCPA Do-Not-Call Limit Doesn't Cover Texts

    The Telephone Consumer Protection Act's do-not-call restrictions do not apply to text messages, a Seventh Circuit panel declared Tuesday, roughly six weeks after the panel expressed skepticism during oral arguments that "telephone call" could also mean "text message."

  • July 14, 2026

    Alex Jones' Co. Balks At Sandy Hook Victims' Stay Appeal

    Right-wing conspiracy theorist Alex Jones' media company has urged the Texas Supreme Court to reject a bid by victims of the Sandy Hook Elementary School shooting to license his website, Infowars, to The Onion, arguing the request is defective and the satire publication is already damaging the brand.

  • July 14, 2026

    Ex-Commissioner Urges Colo. Panel To Revive Fee Award Bid

    A former Colorado county commissioner urged the state's appellate court Tuesday to overturn a lower court decision rejecting her bid for the board of commissioners to reimburse her attorney fees for defending against a county-led misconduct investigation.

  • July 14, 2026

    8th Circ. Says Judge Must Explain Community Service Term

    A Missouri man who had his sentence commuted as one of the final official acts of President Joe Biden will continue to be incarcerated after the Eighth Circuit on Tuesday refused to overturn a finding that he violated his probation while in a halfway house.

  • July 14, 2026

    Google Is Wrong, 'Settled Expectations' Is Legal, Justices Told

    Software company VirtaMove has argued that the U.S. Supreme Court should ignore Google's challenge to the U.S. Patent and Trademark Office's policy of using the age of patents as a reason to not review them, saying Google's fight is based on a false foundation.

Expert Analysis

  • 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.

  • Fla. Driver Ruling Shows Renewed Focus On Privacy Standing

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    A Florida federal court's recent dismissal of a class action alleging that private driving records had been improperly used in violation of the Driver's Privacy Protection Act suggests that companies defending against privacy class actions in Florida may reconsider Article III challenges at the dismissal stage, say attorneys at Sidley.

  • Vax Ruling Offers Employer Tips For Handling Political Speech

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    A California appeals court's recent decision in Rademacher v. ABC, rejecting a "General Hospital" actor's suit alleging he was terminated for opposing a vaccine policy, demonstrates the importance of the employer's process, including neutral policies, documentation, and evidence of who knew what and when, say attorneys at Krevolin Horst.

  • O Brother, Where Art DAO? Jurisdiction Issues Abound

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    While there is a dearth of decisions examining a decentralized autonomous organization's citizenship for diversity jurisdiction purposes, Second Circuit case law has defined citizenship for other unincorporated entities, which may guide how courts evaluate an increasing number of cases involving DAOs, says Michael Mix at Morrison Cohen.

  • Protecting AI-Driven Innovation In Life Sciences IP

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    Recent developments, including the U.S. Patent and Trademark Office's evolving inventorship standards, and the impact of artificial intelligence on the "person of ordinary skill in the art" standard demand that life sciences companies elevate AI patent strategy to a top priority, says Sandra Haberny at Quinn Emanuel.

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