Appellate

  • October 21, 2026

    6th Circ. Weighs First Amendment Right To Court Videos

    Modern technology necessitates updated court-access rules, a representative for a University of Michigan professor told a Sixth Circuit panel Wednesday, saying that citizens should have access to audio and video recordings of public court proceedings in addition to written transcripts.

  • October 21, 2026

    Fed. Circ. Says Sioux Tribe Can't Shift Building Repair Costs

    A Federal Circuit Court of Appeals panel has rejected a South Dakota tribe's bid to overturn a decision that the federal government isn't responsible for paying for a deteriorating building on its reservation, saying it is not persuaded by the Indigenous nation's contract-based arguments.

  • October 21, 2026

    Fund Manager Challenges Chancery's Congo Palm Oil Ruling

    An investment fund manager and three affiliated entities urged the Delaware Supreme Court Wednesday to overturn a ruling that stripped them of interests in a Congolese palm oil business, arguing it handed fellow investor Kuramo Capital Management LLC an enormous windfall, while Kuramo defended the unusual remedy as necessary to protect its investment from the manager's misconduct.

  • October 21, 2026

    5th Circ. Finds Afghan Educator Didn't Show Torture Risk

    A split Fifth Circuit let stand deportation orders for a former Afghan education official beaten by the Taliban after he protested the closure of girls' schools, finding the evidence did not support he would likely face torture if he returned.

  • October 21, 2026

    Fla. Court Refers Atty To Bar Over Pro Se-Like Filings

    A Florida appeals court on Wednesday referred a divorce attorney to the Florida Bar for filings with AI-hallucinated quotations and motion practice that the judges said they "typically see from vexatious pro se litigants."

  • October 21, 2026

    Amarin Ends 'Skinny Label' Patent Case Against Hikma

    Amarin Pharma Inc. is dropping its patent suit over Hikma Pharmaceuticals USA Inc.'s generic version of a heart drug that uses a so-called skinny label, months after the U.S. Supreme Court shut the case down.

  • October 21, 2026

    9th Circ. Confused By San Jose's Firefighter OT Math

    A Ninth Circuit panel on Wednesday appeared skeptical of an argument by the City of San Jose, California, that a lower court miscalculated the overtime pay owed to firefighters, but the judges also said they were "struggling with" the firefighters' argument.

  • October 21, 2026

    Pa. Panel Sets 3-Year Limit On Minimum Wage Claims

    A split Pennsylvania appeals court panel ruled Wednesday that workers have three years, not six, to sue for unpaid wages under the state's minimum wage law, siding with a pharmacy accused of shorting 20 employees on overtime pay.

  • October 21, 2026

    Italian Winery Asks Justices To Revive TM Victory

    An Italian winery has urged the U.S. Supreme Court to restore a trademark infringement ruling it won in New York federal court that was later overturned by the Second Circuit, saying the circuit had misapplied the justices' guidance for finding trademark preclusion.

  • October 21, 2026

    High Court Lets Block On Prison Gender Care Ban Stand

    The U.S. Supreme Court on Wednesday allowed federal prisons to continue to offer gender transition medical services to incarcerated people.

  • October 20, 2026

    11th Circ. Upholds Producer's Financing Scheme Conviction

    The Eleventh Circuit on Tuesday refused to disturb the conviction and sentencing of a producer accused of stealing $68.7 million from film and theater investors and producers, ruling that the producer hasn't shown that the district court made any mistakes.

  • October 20, 2026

    'Petulant' Attorney Behavior Requires New Trial, 5th Circ. Says

    The Fifth Circuit ordered a new trial Friday for a woman who was halted while speaking at a Louisiana local council meeting, saying defense lawyers for two council members threw "a skunk into the jury box" with a bevy of improper maneuvers.

  • October 20, 2026

    Kagan: High Court 'Blinded Itself' To Election Ruling Effects

    U.S. Supreme Court Justice Elena Kagan criticized her conservative colleagues' approach to deciding election law cases Tuesday, saying they often rule without considering the real-world consequences of their decisions. 

  • October 20, 2026

    Mariah Carey Defeats Brother's $20M Memoir Defamation Suit

    A New York judge has thrown out Mariah Carey's brother's $20 million defamation suit claiming his sister defamed him in her 2020 memoir, "The Meaning of Mariah Carey," ruling that he hasn't adequately alleged she knowingly or recklessly made false statements about him.

  • October 20, 2026

    Meta Wins Stay Of Wash. Ad Case Amid High Court Cert. Bid

    A Washington state judge on Tuesday granted Meta Platforms Inc.'s request to pause a permanent injunction requiring "full compliance" with a state political advertising disclosure law, agreeing to put the requirement on hold while the company asks the U.S. Supreme Court to review the law's constitutionality.

  • October 20, 2026

    Zimbabwe Says $441M Award Suit Deserves More Attention

    Zimbabwe is fighting European investors' efforts to summarily affirm a ruling enforcing some $441 million in arbitral awards they won after their land was seized under a controversial land reform program, telling the D.C. Circuit the case is not that simple.

  • October 20, 2026

    Colo. Justices Mull Criminal Trial Court's Restitution Authority

    Colorado's justices appeared hesitant Tuesday to limit a trial court's ability to impose restitution in cases where prosecutors fail to make a diligent effort to bring restitution information to sentencing, but pressed the state on what ruling would make victims whole and incentivize prosecutors to meet statutory deadlines.

  • October 20, 2026

    Florida Board Must Testify In Book Ban Suit, 11th Circ. Says

    A split Eleventh Circuit panel held Monday that current and former Florida school board members cannot invoke legislative privilege to avoid testifying about why they removed specific library books, finding that the privilege protects their adoption of book removal policies but not the decisions applying those policies to particular titles.

  • October 20, 2026

    Texas Appeals Court Skeptical Uri Interference Claims Viable

    A Texas appeals court on Tuesday sounded dubious of a claim brought by energy consumers alleging that dozens of companies involved in the natural gas industry tortiously interfered with their electricity contracts by decreasing natural gas output during a deadly winter storm.

  • October 20, 2026

    Catholic Scholars, Ex-Nat'l Security Officials Back Anthropic

    Former CIA Director Leon Panetta, ex-national security officials and Catholic theologians on Tuesday all urged the full D.C. Circuit to rehear Anthropic's challenge to the Trump administration's decision to designate the company a supply chain risk, claiming that the company's position strengthens the U.S. government's global edge in artificial intelligence and conforms with Catholic teaching.

  • October 20, 2026

    11th Circ. Rejects Ex-3M Worker's COVID Vax Refusal Suit

    The Eleventh Circuit on Tuesday declined to revive a Title VII religious discrimination suit by a former 3M healthcare business division employee who was terminated after refusing to get vaccinated against COVID-19 because of her beliefs, finding that her own statements show that there's no conflict between her beliefs and 3M's policy. 

  • October 20, 2026

    GOP States Back Trump Bid To Limit Immigrant Habeas

    Iowa and 21 other Republican-led states urged the U.S. Supreme Court on Tuesday to grant the Trump administration's petition to review whether district courts have authority over habeas petitions from noncitizens challenging their detention.

  • October 20, 2026

    Mich. Pharmacist Tells 6th Circ. Feds Silenced Key Witness

    A Michigan pharmacist serving an eight-year prison sentence for medical fraud is entitled to a new trial, his attorney told a Sixth Circuit panel Tuesday, arguing that a key defense witness in the case was threatened by the government and dissuaded from testifying.

  • October 20, 2026

    2nd Circ. Won't Block Connecticut Drug Price Cap

    A Second Circuit panel affirmed a lower court's decision Tuesday, refusing to block Connecticut from enforcing a cap on generic and off-patent drug prices while a trade association for drug wholesalers challenges the statute.

  • October 20, 2026

    AirPro Says Rival Used Merger Talks To Build Competing Tool

    Counsel for AirPro Diagnostics LLC urged a Sixth Circuit panel on Tuesday to reverse a lower court's summary judgment ruling and allow its breach of contract suit to proceed to trial, arguing that a rival company violated a mutual party agreement by using confidential information disclosed during merger negotiations to develop a competing diagnostic tool.

Expert Analysis

  • 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.

  • Series

    Power To The Paralegals: Burnout As A Structural Problem

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    Law firm leadership can best retain their paralegals not by encouraging self-care, but by seeking top-down structural solutions for the quiet proliferation of responsibilities and the vicarious exposure to client trauma that particularly drive burnout in this vital role, says Erika Sneeringer at Brockstedt Mandalas.

  • Managing Post-IEEPA Tariff Refunds, Replacements And Risks

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    Companies and investors reeling from the rapid changes resulting from February's U.S. Supreme Court ruling that the International Emergency Economic Powers Act doesn't authorize tariffs should focus on understanding the duty refund process, the likely replacement tariffs and the operational ways they can minimize their tariff exposure, say attorneys at Debevoise.

  • 11th Circ. Ruling Reflects Shift In Digital Consent Frameworks

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    The Eleventh Circuit's recent decision in Tejon v. Zeus Networks that a browsewrap terms-of-service hyperlink was insufficiently conspicuous to bind a consumer to an arbitration agreement could accelerate a broader industry shift to clickwrap as the baseline for enforceable digital consent, say attorneys at Sheppard.

  • Class Actions At The Circuit Courts: June Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five recent rulings from cases involving allegations of internet data misuse, consumer fraud claims, immigration, insurance and First Amendment violation claims.

  • Fed. Circ. In May: Being Precise About 'About'

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    The Federal Circuit's decision in Enviro Tech v. Safe Foods last month illustrates the danger in attempting to expand claim scope with words of approximation, potentially causing claims to be invalid for lack of definiteness, say attorneys at Knobbe Martens.

  • Justices' FCC Fine Ruling May Weaken Agency Leverage

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    The U.S. Supreme Court's decision in Federal Communications Commission v. AT&T upheld the commission's forfeiture framework as consistent with Jarkesy, but it is also likely to reduce the effectiveness of the commission’s forfeiture proceedings as a collection and deterrence tool, say attorneys at Venable.

  • Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

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    An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

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