Appellate

  • 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.

  • October 23, 2026

    Ariz. Court Requires 20-Day Wait For Capital Disability Exams

    An Arizona state appellate panel on Friday said a trial court erroneously ruled to allow an intellectual disability expert to examine a defendant too soon, rejecting the state's contention in a capital murder case that "not less than 20 days after" a deadline means the same thing as "within 20 days of" the deadline.

  • October 23, 2026

    Colo. Justices Asked To Hear Challenge To Amendment 87

    The man challenging the validity of signatures for a Colorado ballot initiative to raise taxes on the state's wealthiest residents appealed the dismissal of his lawsuit to the state's high court Thursday.

  • October 23, 2026

    Panel Orders New Sex Abuse Trial Over Improper Testimony

    A Connecticut appeals court on Friday ordered a new trial for a man convicted of sexual assault of a child, ruling the prosecutor was incorrectly allowed to ask witnesses to evaluate the credibility of the victim's testimony.

  • October 23, 2026

    5th Circ. Revives Facebook Users' Eyemart Wiretap Suit

    The Fifth Circuit on Friday revived a group of Facebook users' proposed class action accusing Eyemart Express LLC of disclosing their HIPAA-protected information to Meta without their consent, saying in a published opinion that Eyemart and a district court had read the statutory definition of individually identifiable health information too narrowly.

  • October 23, 2026

    Murder Evidence 'Overkill' In Passport Fraud Trial, Judge Says

    A First Circuit panel on Friday said prosecutors should not have told a jury that a defendant on trial for lying to obtain a U.S. passport was wanted for murder in Cape Verde, but nevertheless upheld his conviction due to the "overwhelming evidence" of his guilt.

  • October 23, 2026

    TransDigm Can't Ax Ex-GC's Retaliation Suit, Ohio Court Says

    TransDigm Group cannot push to arbitration its former general counsel's lawsuit alleging that she was terminated in retaliation for reporting two instances of sexual harassment and antitrust compliance concerns at the aerospace company, an Ohio appeals court ruled, saying sexual harassment allegations are not subject to arbitration.

  • October 23, 2026

    9th Circ. Judge Hints Trump US Atty Firing OK Despite 'Chaos'

    A Ninth Circuit judge remarked on Friday that President Donald Trump's ouster of court-appointed Seattle U.S. Attorney Roger Rogoff has sown "chaos," but pushed back against Rogoff's contention that the move amounted to executive overreach, noting that the president already controls the office via the attorney general.

  • October 23, 2026

    Dutch Software Co. Seeks To Unravel $400K Contempt Order

    A Dutch software company is looking to undo a $400,000 sanctions order against it in a long-running trademark battle with its former U.S. partner, saying there is no evidence of harm to the opposing party sufficient to support the court's contempt ruling.

  • October 23, 2026

    Full 5th Circ. OKs Trump's No-Bond Policy For Immigrants

    The full Fifth Circuit handed down a divided opinion on Friday, ruling that noncitizens who were never lawfully admitted to the U.S. don't have a constitutional right to bond hearings regardless of how long they've been detained.

  • October 23, 2026

    Alembic Settles With Vanda Over Schizophrenia Drug Generic

    Vanda Pharmaceuticals and Alembic Pharmaceuticals notified a Delaware federal judge Friday that they have settled a patent dispute over Alembic's planned generic version of Vanda's schizophrenia drug Fanapt.

  • October 23, 2026

    State AGs Take Aim At 'Texas Two-Step' In Brief To Justices

    Attorneys general for 20 states and the District of Columbia urged the U.S. Supreme Court to take up a challenge to the validity of "Texas Two-Step" bankruptcies, telling the high court a Fourth Circuit ruling in an asbestos liability case threatens the ability of states to exercise their sovereign power to enforce their own laws.

  • October 23, 2026

    Insulet Can't Keep Injunction During Trade Secret Appeal

    The Federal Circuit has denied insulin product developer Insulet Corp.'s request to keep an injunction in place against rival EOFlow Co. Ltd. while it appeals an axed $59 million trade secrets jury verdict to the U.S. Supreme Court.

Expert Analysis

  • Justices' Cuba Ruling Narrowly Recasts Sovereign Immunity

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    The U.S. Supreme Court recently allowed Exxon Mobil's bid for $1 billion in damages for Cuban-seized property to proceed, but the ruling's doctrinal significance is in treating the Helms-Burton Act as a later, specific and self-contained statutory displacement of the default jurisdictional immunity regime, says Josep Galvez at 4-5 Gray's Inn.

  • 'Tiger King' Funeral Clip Ruling Offers Fair Use Road Map

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    The Tenth Circuit's decision in Whyte Monkee v. Netflix that the streaming service's use of another party's funeral footage in the docuseries "Tiger King" constituted fair use lays out a framework for producers to apply the four statutory fair use factors to their own projects, says Frank D’Angelo at Loeb & Loeb.

  • Justices Stand On Statutory Specifics In Cisco And Landor

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    With its June 23 decisions in Cisco Systems Inc. v. Doe and Landor v. Louisiana Department of Corrections and Public Safety, the U.S. Supreme Court doubled down on the critical point that the statute invoked in a federal claim must authorize a private lawsuit and the remedy sought, says Patrick Judd at Phelps Dunbar.

  • Justices' Concurrences Foretell Fault Line On Appeal Waivers

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    The U.S. Supreme Court recently ruled 8-1 in Hunter v. U.S. that appeal waivers that produce a miscarriage of justice are unenforceable, but the decision's concurrences indicate future divisions over whether this exception will be used as a rare safety valve or to police ordinary but troubling plea errors, say attorneys at RJO.

  • How Montgomery Ruling Will Affect Cos. Across Supply Chain

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    Since the U.S. Supreme Court's May 14 decision in Montgomery v. Caribe Transport II, the immediate focus has been on freight brokers and negligent carrier-selection claims, but the ripple effects may extend to shippers, logistics providers, insurers, transportation managers and other participants in the supply chain, say attorneys at Quintairos Prieto.

  • High Court's FCC Fine Ruling Reframes Agency Enforcement

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    The U.S. Supreme Court's recent decision in Federal Communications Commission v. AT&T sweeps aside uncertainty about what kinds of regulatory enforcement trigger a Seventh Amendment right, say attorneys at Squire Patton.

  • How 6th Circ. Tightened NLRB Injunction Standard

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    The Sixth Circuit's recent ruling in Kerwin v. Trinity Health Grand Haven Hospital, dissolving a Section 10(j) injunction obtained by the National Labor Relations Board against an employer that refused to bargain, will make it harder for the NLRB to obtain injunctions while prosecuting unfair labor practice proceedings, say attorneys at Bass Berry.

  • After Durnell, Connecting Science And Causation Will Be Key

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    The U.S. Supreme Court's June 25 decision in Monsanto v. Durnell narrowed label-based failure-to-warn claims — meaning that going forward, viable theories will depend even more on whether experts can reliably connect scientific evidence to the causal proposition the law requires, says Alex Smolak at Weill Cornell Medicine-Qatar.

  • Series

    Choral Singing Makes Me A Better Lawyer

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    Singing in the New York City Bar Chorus — a hobby partly inspired by the late U.S. District Judge Richard Owen, who infused my clerkship year with opera music — has improved my legal career by refining my abilities to listen, exude confidence and develop emotional intelligence, says Bonnie Baker at Friedman Kaplan.

  • Attorney Mental Health Is An Ethical Obligation In The AI Era

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    As attorneys cope with the increasing unpredictability that artificial intelligence and constant policy changes have created, particularly in practice areas where they carry the emotional weight of clients’ most consequential life events, otherwise soft discussions about self-care are a matter of professional competence, says attorney Jack Jrada.

  • Tariff Refunds May Reshape Loan Covenant Calculations

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    Tariff refunds issued after the U.S. Supreme Court's Learning Resources decision may complicate borrowers' covenant calculations depending on accounting treatment, the timing of recognition, customer reimbursement obligations and credit agreement language, say attorneys at Mayer Brown.

  • The Case For Using Final-Offer Damages Forms In IP Suits

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    Recent Federal Circuit decisions, such as Ollnova v. Ecobee, that scrutinize verdict forms in patent infringement disputes potentially render the final-offer damages selection procedure more attractive, though it should not be seen as a replacement for patent damages doctrine, says Brandon Theiss at Addy Hart.

  • NY Defamation Carveout Hinges On Causation, Not Labels

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    A New York federal court's decisions in two cases involving tortious interference claims, and the recent Second Circuit ruling in Satanic Temple v. Newsweek Digital, highlight that the dispositive question for alleged defamation is whether injury flows through reputation or through direct interference with a relationship, says attorney Andrea Natale.

  • The Hidden Settlement Problem In Complex Securities Cases

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    The Second Circuit's recent decision in Knapp v. Barclays is a reminder that in securities cases with complex corporate records, the tracing picture is rarely as settled as the complaint suggests, and that conversations in the early stages require everyone to work from the same underlying facts, says Peter Kamminga at JAMS.

  • Key Tips For Patenting Antibody-Drug Conjugate Inventions

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    Recent decisions highlight the significant challenges that can arise when patenting antibody-drug conjugates, which require strategic considerations for satisfying heightened written description and enablement requirements, says Xiaoban Xin at FisherBroyles.

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