Appellate

  • October 26, 2026

    Pa. Court Affirms $9.5M Verdict Over Botched Vasectomy

    A Pennsylvania appellate panel Monday affirmed a $9.5 million verdict in a suit accusing a doctor of botching a man's vasectomy that caused the loss of a testicle, saying the verdict was supported by sufficient evidence.

  • October 26, 2026

    9th Circ. Says Judge Misread Bisexuality In Asylum Case

    A panel of the Ninth Circuit has revived a bisexual Russian man's bid for asylum, ruling that an immigration judge's conclusion that he was not bisexual because he'd never had sex represented a fundamental misunderstanding of bisexuality.

  • October 26, 2026

    Stellantis Tells 2nd Circ. To Reject Car Inventory Fraud Suit

    Stellantis and two former executives have told the Second Circuit that a New York federal judge correctly dismissed a proposed securities fraud class action accusing the automaker of loading dealerships with excess vehicle inventory in order to pump up Stellantis' operating margins.

  • October 26, 2026

    Conn. Town Appeals Loss In $11M Quarry Deal Coverage Case

    A Connecticut town will challenge a federal judge's ruling that several insurers are free of any coverage obligations for an $11 million settlement over the politically motivated shutdown of a local quarry, court records show.

  • October 26, 2026

    11th Circ. Nixes Challenge To Ga. Campaign Finance Law

    The Eleventh Circuit on Monday shut down a political action committee's lawsuit alleging a state campaign finance law unlawfully favored a rival to its preferred gubernatorial candidate, Georgia Secretary of State Brad Raffensperger, concluding that the end of Raffensperger's campaign nullified the case.

  • October 26, 2026

    Whiskey Co. CEO Loses Shot At Halting Ch. 11 Asset Sale

    A Tennessee federal judge has denied an attempt by the chief executive of a whiskey maker to block asset sale efforts by the company's receiver pending an appeal of the court's decision to keep the receivership in place.

  • October 26, 2026

    Farmworker Seeks Higher Atty Fees, Citing 9th Circ. Ruling

    A farmworker and a union urged a Washington federal court to increase a previous attorney fee award to nearly $430,000 following a recent Ninth Circuit decision in their favor, arguing they are entitled to more fees due to their success in challenging the federal government's agricultural wage survey methodology.

  • October 26, 2026

    Order Restoring Park Signage 'Flawed,' Feds Tell 1st Circ.

    The Trump administration has urged the First Circuit to vacate a "deeply flawed" ruling requiring it to restore signage addressing climate change, slavery and the history of Indigenous peoples at dozens of National Park Service-managed sites.

  • October 26, 2026

    DC Circ. Doubts SEC Delay Harmed Lek Securities

    A D.C. Circuit panel appeared unmoved Monday by a defunct brokerage firm's plea that the U.S. Securities and Exchange Commission took too long in reviewing 2013 New York Stock Exchange sanctions over supervisory violations, suggesting the decade-old written record might have been adequate to uphold the NYSE's findings.

  • October 26, 2026

    NC Justices Find Bankruptcy Paused Debt Collection Deadline

    North Carolina's highest court has ruled that the automatic stay of a man's bankruptcy extended the deadline for a South Carolina real estate rental company to collect a debt he owed it, reversing a lower state court decision that found the company had missed its window.

  • October 26, 2026

    Mich. Appeals Court Revives School Bus Injury Suit

    A jury must decide whether a Michigan school bus driver or a 7-year-old child riding a bike bore more responsibility for the collision that injured the child, the Michigan Court of Appeals said Friday, reversing a trial court's granting of summary disposition to the driver and school district.

  • October 26, 2026

    Bristol-Myers, Others Appeal Revlimid MDL To 3rd Circ.

    Bristol-Myers Squibb, Natco Pharma, AbbVie and other pharmaceutical companies have sought permission to file an interlocutory appeal for a sprawling antitrust multidistrict litigation over Celgene Corp.'s cancer drug Revlimid to the Third Circuit after a New Jersey federal judge refused to toss it.

  • October 26, 2026

    After Litigation, Ayahuasca Church Gets DEA Registration

    After years of litigating against federal regulators, an Iowa church has reached an agreement with the U.S. Drug Enforcement Administration to lawfully use the psychedelic ayahuasca for religious purposes, the church's attorneys announced Monday.

  • October 26, 2026

    Mich. Panel Backs $9.7M Negligence Verdict Against Hospital

    A Michigan appeals court declined to upend a hospital's share of a $9.7 million jury verdict for administrative negligence in its care for a woman who died while receiving emergency treatment for complications following an abdominoplasty, or "tummy tuck" procedure.

  • October 26, 2026

    Atty Pushes For New Trial Against Blank Rome Lawyers

    A Pennsylvania lawyer told the Third Circuit on Monday that she deserves a new trial in her suit against three Blank Rome LLP lawyers and an aircraft parts company, arguing that the trial court did not properly view all the evidence.

  • October 26, 2026

    NC Top Court Will Weigh State Bar's Reach Over Ex-Judges

    The North Carolina Supreme Court agreed to take up a former state court judge's appeal challenging the state bar's authority to discipline him for alleged misconduct on the bench, which he said the Tar Heel state's judicial oversight board had already addressed.

  • October 26, 2026

    11th Circ. Says Insurer Needn't Pay More For Storm Losses

    A Hartford insurer that paid out a Florida condominium association's claim for 11 buildings that sustained flood damage during Hurricane Ian does not owe any additional coverage, the Eleventh Circuit said, affirming that the association failed to file the required proof of loss for the additional amounts sought.

  • October 26, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week approved a $250 million settlement of litigation over Microsoft Corp.'s acquisition of Activision Blizzard Inc., while Albertsons Cos. Inc. accused Kroger Co. of rejecting changes that could have saved their $24.6 billion merger, and the Delaware Supreme Court ordered Verisk Analytics Inc. to keep pursuing a $2.35 billion acquisition.

  • October 26, 2026

    Burns & Levinson Malpractice Claims Revived On Appeal

    Massachusetts' intermediate-level appeals court Monday reinstated legal malpractice claims brought by a youth soccer league against defunct Boston law firm Burns & Levinson LLP alleging a firm partner failed to provide a heads-up about a federal visa fraud investigation.

  • October 26, 2026

    8th Circ. Says Fed Must Rewrite Debit Swipe-Fee Cap

    The Eighth Circuit on Monday struck down the Federal Reserve's regulatory cap on the swipe fees that larger banks may collect on debit card transactions, handing a major victory to merchants that have long argued this cap was set too high.

  • October 23, 2026

    Teva, Eli Lilly Spar Over Possible New Drug Patent Trial

    Eli Lilly and Teva on Friday sparred over whether a new trial should be held in Massachusetts federal court over the validity of patents related to Teva's migraine drug Ajovy after the Federal Circuit reversed the Boston court's judgment that favored Eli Lilly.

  • October 23, 2026

    9th Circ. Blocks Trump's Calif. National Guard Deployment

    A split Ninth Circuit panel on Friday upheld a lower court's preliminary injunction blocking President Donald Trump's deployment of the California National Guard in Los Angeles last year, finding that the president didn't have the authority to order the deployment, which violated the constitutional separation of powers.

  • October 23, 2026

    Ohio Justices Say Class Cert. Analysis Was 'Rigorous'

    The Ohio Supreme Court held Thursday that a trial court did not err by examining all seven requirements for class certification in a suit alleging water ratepayers were overcharged, even though the judge found two were not met but assumed for the sake of argument that the other requirements were satisfied.

  • October 23, 2026

    Wash. Tribe Can't Appeal Immunity Ruling Yet, 9th Circ. Says

    The Ninth Circuit on Friday threw out an appeal from a Native American tribe seeking to halt an environmental challenge over federal review and permitting of the tribe's proposed oyster farm, holding that the court lacks jurisdiction to hear the matter.

  • October 23, 2026

    5th Circ. Weighs Iowa Bid To Toss Charles Schwab Settlement

    A Fifth Circuit panel pushed Charles Schwab to explain why it should sign off on a settlement with investors resolving claims that its 2020 merger with TD Ameritrade created a monopoly, asking Friday how an agreed upon antitrust compliance program created value.

Expert Analysis

  • 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.

  • State Of Insurance: Q2 Notes From Pennsylvania

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    Todd Leon at Marshall Dennehey highlights notable second-quarter insurance developments in Pennsylvania, including federal court opinions providing guidance on first-party and third-party insurance coverage principles, and a pending bill seeking to regulate health insurers' use of artificial intelligence.

  • High Court, SEC Proposals Set Stage For Further Fund Reform

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    The U.S. Supreme Court's recent decision in FS Credit Opportunities v. Saba Capital Master Fund and the U.S. Securities and Exchange Commission's proposed rulemaking packages aimed at public market reforms provide a constructive backdrop for considering additional innovations to the listed fund structure, say attorneys at Debevoise.

  • Series

    Judges On AI: Examining Administrative, Organizational Uses

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    U.S. District Judge Alan Albright of the Western District of Texas examines how artificial intelligence could transform a court's ability to deal with administrative work and organize materials when preparing for hearings or drafting opinions, thereby affording judges more time to resolve contested issues.

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