Appellate

  • 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.

  • October 20, 2026

    Magellan, Powder Springs To Pay $20M To End Sunoco IP Suit

    Energy infrastructure firm Magellan Midstream Partners LP and Powder Springs Logistics have agreed to pay $20.3 million to resolve a judgment against them after a jury trial loss in a patent infringement case brought in Delaware federal court by Sunoco related to gasoline blending patents.

  • October 20, 2026

    3rd Circ. Seems Open To Drexel's Bid For New Pay Bias Trial

    The Third Circuit seemed receptive Tuesday to Drexel University's bid for a new trial in a professor's pay discrimination suit, with the judges hinting a trial court may have gone too far by imposing Equal Pay Act liability on the school for not complying with an order to turn over salary information.

  • October 20, 2026

    Conn. High Court Snapshot: Justices May Refine Anti-SLAPP

    The Connecticut Supreme Court will hear cases in its new term that could change the procedure for winning a strategic lawsuit against public participation and clarify what it means to be "in custody" for the purposes of habeas jurisdiction.

  • October 20, 2026

    4th Circ. Says 'Breach Of Trust' OK Reason To Revoke Release

    The Fourth Circuit has ruled that a decision to "slam some sense" into a Virginia man by revoking his supervised release for numerous drug-related violations is procedurally reasonable and does not violate federal sentencing guidelines.

  • October 20, 2026

    7th Circ. Rejects Removal Of Hospital Patient Privacy Suits

    The Seventh Circuit on Tuesday joined a host of other appellate courts in determining healthcare providers were not "acting under" the federal government when they created patient web portals, finding actions alleging hospitals improperly shared patient information belonged in state court.

  • October 20, 2026

    Justices Want Pensioners' Input On Southern Co. Petition

    The U.S. Supreme Court asked Southern Co. pension plan participants to weigh in on their employer's petition for review of an Eleventh Circuit decision that revived their proposed class action alleging outdated life expectancy data caused them to lose out on benefits, indicating the justices' possible interest in the case.

  • October 20, 2026

    Justices Urged to Reject Patent Inventorship Appeal

    Fencing company Digger Specialties says the U.S. Supreme Court shouldn't take up a challenge to a Federal Circuit finding that invalidated a patent it was accused of infringing, hitting back at a rival's argument that the circuit court ruling produced an "absurd result."

  • October 20, 2026

    Google Makes Last DC Circ. Push Against DOJ's Search Win

    Google took one final swing Monday at upending a D.C. federal judge's rulings faulting it for monopolizing online search and forcing it to prop up search engine rivals with data and syndicated results, telling the D.C. Circuit that the U.S. Department of Justice's case targets earned market dominance.

  • October 20, 2026

    Plastics Co. Asks 5th Circ. Not To Nix Captive Insurance Case

    The founder of a plastic manufacturing company asked the Fifth Circuit not to dismiss his bid to restore a tax deduction the IRS denied on premiums the company paid for its captive insurance arrangement, saying the court has jurisdiction over the case despite the government's claim to the contrary.

  • October 20, 2026

    8th Circ. Panel Doubts Investors' Medtronic Insulin Pump Suit

    The Eighth Circuit appeared skeptical Tuesday of investors' bid to revive allegations that medical device company Medtronic failed to properly communicate problems with an insulin pump device it manufactured and was ultimately recalled, with judges questioning arguments that certain interactions between the company and regulators weren't properly disclosed.

  • October 20, 2026

    New Rule On Invoking Defendant's Past Convictions Hits Snag

    A yearslong effort to make it harder for prosecutors to invoke a criminal defendant's past convictions appeared to be gaining traction — until the senior executive arm of the Judicial Conference recently intervened and the U.S. Department of Justice abruptly withdrew its support for the proposal.

Expert Analysis

  • 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.

  • Google Antitrust Case Puts Spotlight On De Facto Exclusivity

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    Mozilla's recent amicus filing in U.S. v. Google arguing that its agreement to make Google the default search engine did not amount to de facto exclusivity highlights the growing debate over traditional indicators of exclusivity, with implications for any business that uses rebates, preferred contracts or volume incentives, says Chris Gowen at WilmU Farnan School of Law.

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