Appellate

  • June 23, 2026

    FTC Tells 4th Circ. Court Got It Wrong In J&J Stelara Case

    The Federal Trade Commission has told the Fourth Circuit that a Virginia federal court messed up when it ruled in an antitrust suit against Johnson & Johnson that the company bringing the suit needed to show specific intent in order to prop up a monopolization claim over the immunosuppressive drug Stelara.

  • June 23, 2026

    Disney, Netflix Win Texas Cities' Franchise Tax Suit Again

    Streaming services companies including Disney and Netflix have again prevailed against multiple Texas cities accusing them of evading a state franchise tax, with a Texas appeals court reaffirming that the companies do not need to obtain franchise licenses.

  • June 23, 2026

    11th Circ. Mulls DOT Order Scrapping Delta, Aeromexico JV

    The Eleventh Circuit on Tuesday questioned whether the U.S. Department of Transportation sufficiently analyzed the competitive effects of Delta Air Lines' joint venture with Aeromexico — or considered alternative conditions — before ordering the airlines to dismantle their nearly decade-long partnership.

  • June 23, 2026

    9th Circ. Allows Airport Cleaning Co. To Arbitrate Wage Claims

    A company that offers janitorial services to airports can compel arbitration in a former employee's wage and hour proposed class action, the Ninth Circuit ruled Tuesday, reversing a California district court's determination that the arbitration agreement was unconscionable.

  • June 23, 2026

    Colo. Justices Nix Conviction Over DNA-Swabbing Confession

    Colorado's highest court ruled Tuesday that detectives violated a defendant's Fourth Amendment rights by interrogating a confession out of him while they executed a narrow court order to collect DNA samples.

  • June 23, 2026

    9th Circ. Told Feds Can't Just Undo LA Cop's Conviction

    The dean of University of California, Berkeley School of Law, told the Ninth Circuit that a federal court in California is within its rights to refuse the federal government's request to drop already-tried charges against a Los Angeles County sheriff's deputy who was convicted by a jury of violating the constitutional rights of a Black woman during a shoplifting investigation.

  • June 23, 2026

    9th Circ. Judge Pans Live Nation's 'Unlawful' Arbitration Terms

    A Ninth Circuit panel on Tuesday expressed doubt about Live Nation's argument that a putative class action seeking refunds for a canceled 2022 festival belongs in arbitration, with one judge calling Live Nation's arguments "puzzling" and another judge saying she's disturbed to see a "blatantly unlawful provision" in its terms.

  • June 23, 2026

    Colo. Justices Weigh Late Jury Demand In Dust Dispute

    The Colorado Supreme Court grappled Tuesday with competing interpretations of state civil procedure rules surrounding whether a plaintiff can demand a jury trial in an amended complaint when one wasn't requested in the initial complaint at oral arguments.

  • June 23, 2026

    10th Circ. Revives Utah National Monument Challenges

    A Tenth Circuit panel on Tuesday revived challenges to former President Joe Biden's designations of hundreds of thousands of acres as parts of Bears Ears and Grand Staircase-Escalante national monuments, finding that the Antiquities Act puts discernible limits on the president's discretion.

  • June 23, 2026

    6th Circ. Won't Disrupt Professor's Pregnancy Bias Verdict

    The Sixth Circuit refused Tuesday to upend a $205,000 verdict in favor of a former Michigan Technological University accounting professor who said she was given a lower raise because she took maternity leave, saying a reasonable jury could conclude the dean improperly considered her pregnancy.

  • June 23, 2026

    Colo. Justices Uphold Antero's $215M Fraud Win

    A doctrine limiting tort claims over contract losses did not bar a fraud claim tied to a fracking wastewater treatment project, the Colorado Supreme Court ruled Tuesday, affirming a more than $215 million judgment for Antero.

  • June 23, 2026

    Colo. Justices Say Courts Can Order Condemnation Discovery

    The Colorado Supreme Court ruled Tuesday that trial courts have discretion to order discovery before immediate possession hearings in condemnation proceedings, finding a lower court erred in concluding it lacked that authority.

  • June 23, 2026

    Judicial Noms Still Say Biden Won In 2020 — Technically

    A group of judicial nominees, who earlier this month were the first of the Trump administration's nominees to say President Joe Biden won the 2020 election, reiterated in follow-up statements that Biden won the election "as a matter of law" — doubling down on what critics say is an equivocation on the election's outcome.

  • June 23, 2026

    Voyager Investors Appeal Toss Of Mark Cuban Crypto Case

    Investors of collapsed cryptocurrency brokerage Voyager Digital on Tuesday told a Florida federal judge they are challenging his order dismissing their claims against Mark Cuban and the Dallas Mavericks and his ruling denying the transfer of the case to Texas.

  • June 23, 2026

    11th Circ. Won't Revisit Torture Claims Outside Removal Order

    The Eleventh Circuit, in a split decision, has declined to review whether it should halt the removal of a Jamaican man claiming he faces torture in his home country, finding it does not have jurisdiction without reviewing the final removal order at the same time.

  • June 23, 2026

    Ga. Panel Keeps $1.8M Fall Verdict Against QuikTrip Intact

    The Georgia Court of Appeals upheld a $1.8 million jury award against QuikTrip Corp. in a slip-and-fall case, finding Tuesday the trial court rightly refused to cap damages at $75,000 or set aside the verdict as excessive.

  • June 23, 2026

    Conn. Justices Won't Hear Insurer's IVF Fraud Coverage Case

    The Connecticut Supreme Court has turned away an insurance company's appeal of a decision that said it can't rely on two policy exclusions to deny professional liability coverage to a fertility doctor accused of fathering two children by secretly impregnating patients with his own sperm.

  • June 23, 2026

    Green Groups Drop Pipeline Permit Appeal After Stay Is Refused

    Environmental groups' challenge to a discharge permit issued by the U.S. Army Corps of Engineers for work on a natural gas pipeline stretching across several Eastern states was voluntarily dismissed Monday at the Fourth Circuit.

  • June 23, 2026

    Ex-AT&T Counsel Charged Over Disclosing Privileged Info

    A former in-house attorney for AT&T, accused of leaking privileged information to opposing counsel while seeking a share of financial gains from a lawsuit filed 18 years ago against the company, has been charged with violating attorney professional conduct rules.

  • June 23, 2026

    Judge Who Denied Goldstein Retrial Says It Wasn't Close Case

    A Maryland federal judge has elaborated on her decision to deny SCOTUSblog founder Tom Goldstein's bid for an acquittal or new trial, saying that the evidence presented at trial either supersedes or invalidates his claims of issues with jury instructions and insufficient or excluded evidence.

  • June 23, 2026

    Several Democrats Challenge FCC Political Ad Guidance

    Democratic candidates and officeholders, including former Sen. Sherrod Brown, Sen. Jon Ossoff, former North Carolina Gov. Roy Cooper and Rep. Kristen McDonald Rivet, have asked the Fourth Circuit to strike down Federal Communications Commission guidance they say unlawfully expands discounted political advertising rates to party committees and joint fundraising groups.

  • June 23, 2026

    Mich. Appeals Court Backs Detroit In Ex-Officer's Bias Suit

    A former Detroit police officer failed to get his bias, retaliation and hostile work environment suit revived, as a Michigan appeals court found he had not shown that his firing was tied to his Nigerian national origin, race or sex. 

  • June 23, 2026

    2nd Circ. Backs Avangrid's Defeat Of Worker's Age Bias Suit

    The Second Circuit declined Tuesday to revive an Avangrid Management Co. worker's suit claiming the utility business wouldn't promote her because of her age, ruling she lacked evidence that hiring managers knew how old she was when deciding what candidate was the best fit.

  • June 23, 2026

    Fed. Circ. Affirms Intel Win In Processor Patent Fight

    The Federal Circuit on Tuesday upheld a summary judgment granted to Intel in an infringement lawsuit brought by licensing entity PACT XPP Schwiz AG over patents covering processing architecture in computers, finding PACT had failed to raise an argument properly that it was relying upon on appeal.

  • June 23, 2026

    Fed. Circ. Backs Pfizer Win In Paxlovid Patent Dispute

    The Federal Circuit on Tuesday refused to revive a patent that Pfizer was accused of infringing through its blockbuster Paxlovid COVID-19 treatment, rejecting the patent owner's arguments over what it said was a typo in a patent document.

Expert Analysis

  • Series

    NY Times Word Puzzles Make Me A Better Lawyer

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    Every morning I let The New York Times humble me with word games, which offer a chance to recalibrate my brain before the day's chaos arrives and remind me that a solution — whether to a puzzle or employment law issue — almost always exists once I find the right angle, says Amy Epstein Gluck at Pierson Ferdinand.

  • Tracking Tech Suit Is A Risk Management Reminder For Cos.

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    The Fifth Circuit recently heard oral argument in Rand v. Eyemart Express — an appeal that could reshape the legal landscape for businesses that deploy tracking tech on their websites — underscoring the importance of proactive risk management for companies across multiple industries, say attorneys at Blank Rome.

  • Series

    Law School's Missed Lesson: Diagnose Before Arguing

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    Law school often skips over explicitly teaching students how to determine what kind of problem a case presents before they commit to a particular doctrinal path, which risks building arguments that are internally coherent but externally misaligned, says Melanie Oxhorn at Kobre & Kim.

  • A Fed. Circ. Blueprint For Drafting Medical Device Patents

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    The Federal Circuit's decision in Constellation Designs v. LG last month, among other recent rulings, underscores the importance of emphasizing engineering, rather than clinical goals, when drafting patent claims for medical devices and software as a medical device, says Brandon Theiss at Volpe Koenig.

  • Decoding Arbitral Disputes: EU's Arb. Defense From Russia

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    The EU's latest package of restrictive measures against Russia marks a significant shift from merely resisting Russian jurisdictional tactics to proactively protecting arbitration and exclusive jurisdiction agreements, elevating the procedural importance of dispute resolution clauses, says Josep Galvez at 4-5 Gray's Inn Square.

  • Becoming The Biz-Savvy GC That Portfolio Companies Need

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    Candidates for general counsel roles at private equity-backed portfolio companies should prioritize proving their sector-specific experience, commercial judgment and ease with uncertainty — and attorneys hoping to be candidates in five to 10 years should start working on those skills now, says Dimitri Mastrocola at Major Lindsey.

  • Nielsen Appeal Tests Antitrust Limits Of Pricing And Bundling

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    In Cumulus v. Nielsen, the Second Circuit is considering a structural pattern in which a monopolist exploits upstream market power to foreclose downstream competition, which could potentially offer broad insight into how courts will assess exclusionary bundling and pricing defenses under antitrust law, says Luke Hasskamp at Bona Law.

  • Series

    Judges On AI: How Courts Can Survive The Tech Revolution

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    Colorado Supreme Court Justice Maria Berkenkotter and Colorado Court of Appeals Judge Lino Lipinsky de Orlov discuss how artificial intelligence has already fundamentally altered the legal system and offer tips for courts navigating deepfakes, hallucinations and a gap in access to AI tools.

  • 'Skinny Label' Arguments Spotlight Induced Infringement Risk

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    Recent oral arguments before the U.S. Supreme Court in Hikma Pharmaceuticals v. Amarin Pharma highlight the uncertain boundary between lawful generic competition through so-called skinny labels and induced patent infringement, with potential implications for patent holders’ communication, enforcement and causation strategies across industries, says Anton Hopen at Trenam.

  • A Framework For Habeas Relief After 5th Circ. Bond Ruling

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    Following the Fifth Circuit’s recent Buenrostro-Mendez v. Bondi decision foreclosing statutory bond for detained nonimmigrants not deemed admitted to the U.S., lawyers should adopt a framework that requests habeas relief pursuant to the Fifth Amendment’s due process clause, says Kemal Hepsen at Mandamus Lawyers.

  • 4th Circ. Ruling Will Rewrite Class Action Litigation Strategies

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    The Fourth Circuit's recent decision in Oliver v. Navy Federal Credit Union is the first from a federal circuit court to hold that motions to strike are inappropriate vehicles for challenging class allegations at the pleading stage, invalidating a tactic that had been used for decades, says Jim Francis at Francis Mailman.

  • Startup Founder Disputes Increasingly Turn On Governance

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    Recent Delaware developments suggest that as courts place increasing emphasis on board process, independence and oversight in founder-led startups, the growing intersection of governance, technology risk and investor oversight is accelerating both the emergence and escalation of founder disputes, says mediator Frank Burke.

  • 3 AI Adoption Mistakes GCs Should Avoid

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    The pressure in-house legal teams face to quickly adopt artificial intelligence tools, combined with budget constraints and the need to evaluate a crowded market of options, sets the stage for implementation mistakes that are often difficult to undo, says former 23andMe general counsel Guy Chayoun.

  • Series

    Playing Basketball Makes Me A Better Lawyer

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    My grandfather used to say "I wear your jersey" as shorthand for wholly committing to support someone with loyalty and integrity — ideals that have shaped my life on the basketball court and in legal practice, says Tracy Schimelfenig at Schimelfenig Legal.

  • Salt-N-Pepa Suit May Shake Up Music Copyright Issue

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    James v. UMG Recordings is a copyright termination rights case that provides an opportunity for the Second Circuit to make concrete choices about grant language, authorship, work-for-hire status and survival of derivative works, says attorney Abdul Abdullahi.

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