Appellate

  • June 08, 2026

    High Court Reopens Review Of DOE Furnace Efficiency Rules

    The U.S. Supreme Court on Monday vacated a D.C. Circuit decision that upheld Biden-era energy efficiency standards for furnaces and water heaters and ordered the circuit court to take another look in light of the Trump administration's intent to revise the rules.

  • June 05, 2026

    Fed. Circ. Asks If Co. Argued Capability Equals Infringement

    The Federal Circuit appeared to have doubts Friday morning about patent-licensing outfit PACT XPP Schweiz's position it had argued below that an Intel product could violate its patent even if it never performed an infringing action but was capable of doing so.

  • June 05, 2026

    NY Appeals Court Tosses Gun, Drug Plea Over Illegal Search

    A man sentenced to 16 years in prison had his guilty plea for drug and gun charges vacated after a New York state appeals court found that a trooper who searched his jacket pocket and discovered a gun had no right to frisk him in this manner.

  • June 05, 2026

    DC Circ. Backs CFTC Denial Of $147M Whistleblower Award

    The D.C. Circuit Friday affirmed the U.S. Commodity Futures Trading Commission's decision denying a former trader's bid for a $147 million whistleblower incentive award after he tipped off the agency about foreign exchange market manipulation, saying there's no evidence he was the original source on which the commission relied.

  • June 05, 2026

    HHS Can Issue Medicare Fines Without Jury, 4th Circ. Says

    The Fourth Circuit ruled Friday that the U.S. Department of Health and Human Services can seek monetary penalties from Medicare participants for violating program requirements without a jury trial, rejecting a Maryland nursing home operator's argument that Medicare participants are guaranteed that right.

  • June 05, 2026

    Rail Co. Loses DC Circ. Appeal Challenging State Forest Law

    The D.C. Circuit rejected Grafton & Upton Railroad Co.'s effort to preempt a Massachusetts town's claim over forest land the railroad wants to use for a new transloading facility, finding Friday that the federal Interstate Commerce Commission Termination Act doesn't preempt a state right-of-first-refusal law.

  • June 05, 2026

    Fed. Circ. Unsure Where State 'Bad Faith' Patent Cases Belong

    At arguments Friday in a dispute between Micron Technology Inc. and Netlist Inc., a Federal Circuit panel appeared uncertain whether suits under state laws against "bad faith" patent infringement claims belong in state or federal courts, analyzing the impact on patent law of each approach.

  • June 05, 2026

    9th Circ. Revives TCPA Suit Against Keller Williams

    The Ninth Circuit reinstated a proposed class action against Keller Williams Realty and an Arizona real estate solutions company over phone calls and texts asking a woman about selling her home, ruling she sufficiently alleged the communications at issue constituted solicitations prohibited under the Telephone Consumer Protection Act. 

  • June 05, 2026

    9th Circ. Revives Tribal Smoke Shop Owner's RICO Suit

    Officials with the Colorado River Indian Tribes must face a lawsuit brought by a smoke shop owner who claims they wrongfully evicted his business and stole its inventory, the Ninth Circuit ruled in a published opinion, saying tribal employees aren't automatically shielded by sovereign immunity.

  • June 05, 2026

    Wrong 'Social Distinction' Scope Upends Deportation Relief

    An immigration appeals board ruled Friday that the "social distinction" of a deportation relief seeker's proposed social group must be measured on a countrywide basis, vacating relief granted to a Honduran mother who claimed a gang threatened to kill her.

  • June 05, 2026

    Epic Fights Apple's Bid For High Court Sanctions Review

    Epic Games told the U.S. Supreme Court there's no need for high court review of a California federal court's contempt order against Apple for violating a ban on company policies that barred app developers from steering users to outside payment options.

  • June 05, 2026

    DLA Piper Urges 2nd Circ. To End 'Vexatious' Malpractice Suit

    The Second Circuit should uphold the dismissal of a Chinese software company's legal malpractice suit and $635,000 in sanctions against it and its lawyers, DLA Piper has argued, citing previous favorable rulings in the matter by a federal magistrate judge, district court judge, state justice and five-judge panel of the New York state appeals court.

  • June 05, 2026

    7th Circ. Says Ind. Can Bar Press From Attending Executions

    A divided Seventh Circuit panel on Friday ruled that an Indiana prison rule restricting journalists' access to inmate executions does not violate the First Amendment, as reporters are not actually prevented from covering executions.

  • June 05, 2026

    Fed. Circ. Thinking About EcoFactor In TP-Link's $38M Appeal

    A Federal Circuit panel on Friday seemed skeptical of a challenge by a pair of wireless networking device companies to the damages calculation supporting a $37.5 million patent infringement verdict against them, with one judge wondering if the court's EcoFactor decision did not "clean up" the issue of damages experts.

  • June 05, 2026

    EPA Asks 4th Circ. To Back 'Streamlined' Haze Plan Reviews

    The U.S. Environmental Protection Agency urged the Fourth Circuit to deny a petition challenging its approval of West Virginia's regional haze plan, saying it reasonably accepted the plan after proposing to reject it based on a new policy to streamline reviews.

  • June 05, 2026

    Texas Justices Say Cities Sued Wrong Party In Telecom Row

    The Texas Supreme Court on Friday tossed a group of cities' challenge to state laws limiting what they can charge telecommunications companies to use public rights-of-way, finding the cities sued the wrong defendant and leaving the constitutional fight unresolved.

  • June 05, 2026

    DC Circ. Backs FERC In Midwest Grid Rate Refund Fight

    The D.C. Circuit on Friday affirmed the Federal Energy Regulatory Commission's order of refunds in a long-running dispute over rates charged by Midwest transmission owners, saying the agency heeded instructions the court gave in 2022 when it nixed previous FERC orders in the rate case.

  • June 05, 2026

    Justices Signal Openness To Future SEC Disgorgement Cases

    The U.S. Securities and Exchange Commission's victory before the U.S. Supreme Court Thursday is likely to give the agency a leg up in settlement negotiations, but attorneys say that some defendants will continue to press judges to review the agency's disgorgement requests based on questions that the high court still hasn't answered.

  • June 05, 2026

    Builders Seek Redo On Biden-Era Labor Mandate Ruling

    An association of builders has urged the en banc Eleventh Circuit to rethink a panel's decision rejecting its attempt to secure an injunction blocking a Biden-era executive order requiring labor agreements for all federal contracts exceeding $35 million.

  • June 05, 2026

    Texas Justices To Weigh Timeliness Of Railcar Damage Suit

    The Texas Supreme Court has agreed to hear a challenge to a roughly $10 million verdict issued against a company that let corrosion deteriorate railcars it had rented, with the court set to weigh whether the suit was filed in time.

  • June 05, 2026

    Texas Justices To Hear AI-Aided Deposition Transcript Fight

    The Texas Supreme Court has agreed to hear a dispute over whether a nonstenographic deposition transcript generated using artificial intelligence-driven voice recognition technology can be used in litigation after a court struck the transcript and barred future depositions using the same method.

  • June 05, 2026

    Ga. Panel Affirms Anti-SLAPP Award In Atty Defamation Row

    A Georgia appellate court affirmed the awarding of legal fees under the state's anti-Strategic Lawsuits Against Public Participation statute to two attorneys who were sued for defamation by another attorney after he was accused of Fair Debt Collection Practices Act violations in federal court.

  • June 05, 2026

    Trade Court Backs Off Making CBP Chief Testify On Refunds

    The U.S. Court of International Trade judge handling the tariff refund cases for importers seeking refunds of unlawful duties amended his order that instructed the head of U.S. Customs and Border Protection to appear at a hearing.

  • June 05, 2026

    Fed. Circ. Backs Melinta Patent Win In Injections Case

    Nexus Pharmaceuticals lost its appeal of an Illinois federal judge's finding that it infringed a pair of patents relating to a line of injections that treat infections, after the Federal Circuit on Friday shot down the drugmaker's challenge to the lower court's interpretation of key patent terms.

  • June 05, 2026

    Ex-Mich. Hockey Team Exec Loses Appeal In Team Sale Suit

    A Michigan appeals court panel has declined to revive former Muskegon Lumberjacks executive Michael McCall's lawsuit seeking a cut of the minor league hockey team's sale, reasoning that McCall did not actually broker the deal. 

Expert Analysis

  • How The High Court Expanded Freight Broker Liability

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    After the U.S. Supreme Court's decision in Montgomery v. Caribe Transport II that freight brokers may be liable for selecting unsafe motor carriers, the key question will be whether brokers used reasonable care in selecting a given motor carrier, with the concurring opinion offering some clues as to what reasonable care might look like, says Marc Blubaugh at Benesch.

  • 'Anderson Method' Ruling Shows Copyright Limits In Fitness

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    The Ninth Circuit's ruling in Tracy Anderson Mind and Body v. Megan Roup, finding that sequences of exercises developed and recorded by Tracy Anderson were not copyrightable choreographic works, is a reminder that even highly creative fitness programming can fall outside the scope of copyright protection, says Meredith Bobber Strauss at Michelman & Robinson.

  • 2nd Circ.'s Cantero Redo Complicates Mortgage Escrow Issue

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    The Second Circuit's recent decision in Cantero v. Bank of America reflects the absence of definitiveness in mortgage escrow preemption jurisprudence, leaving lenders to navigate conflicting state rules and pricing challenges amid a deepening circuit split, say attorneys at Sullivan & Cromwell.

  • 3 Rulings Show How Creditors Make Civil RICO Claims Stick

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    An Arizona federal court's recent decision concerning UniCredit Bank Austria is one of few in which creditors' claims against debtors for Racketeer Influenced and Corrupt Organizations Act violations have survived motions to dismiss, and these claims' substantial benefits make the rulings worth analyzing for guidance, says Brian Asher at Asher Research.

  • What Fed. Circ.'s Poultry Patent Ruling Says About 'About'

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    The Federal Circuit's recent decision in Enviro Tech v. Safe Foods highlights how approximation language in patent claims affects not only litigation outcomes, but also portfolio value, competitive positioning and prosecution strategy, say attorneys at Foley & Lardner.

  • Class Actions At The Circuit Courts: May Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings from cases involving allegations of Title VII violations, the Employment Retirement Income Security Act, prison dental care violations and overcharging for PACER access.

  • Texas Ruling Makes Avoiding Appraisal Nearly Impossible

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    By deciding that a coverage dispute doesn't nullify an appraisal clause, the Texas Supreme Court, in its recent Ace American Insurance ruling, makes appraisal nearly unavoidable in state personal auto and residential property disputes, says David Winter at Norton Rose.

  • 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.

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