Appellate

  • October 06, 2026

    Justices Seem To Support End To Intel 401(k) Fund Suit

    The U.S. Supreme Court appeared likely Tuesday to affirm a Ninth Circuit decision ending a federal benefits dispute against Intel Corp. from ex-workers who alleged that underperforming 401(k) funds breached fiduciary duties, as multiple justices indicated support for requiring that claims predicated on underperformance include meaningful comparisons.

  • October 05, 2026

    Justices Fret Any Climate Tort Ruling Will Open Pandora's Box

    U.S. Supreme Court justices Monday pondered the risks of far-reaching fallout whether they allow or restrict burgeoning lawsuits targeting oil companies, acknowledging fears of near-limitless litigation but also struggling to distinguish climate torts from famous legal battles involving tobacco and opioids.

  • October 05, 2026

    Judge Clevenger's Intellect Defined His Time On Fed. Circ.

    Newly retired Federal Circuit Judge Raymond Clevenger has an "exceptionally keen intellect" that allowed him to spot holes or new paths in cases that the parties or fellow panel members hadn't explored, his former colleagues told Law360.

  • October 05, 2026

    9th Circ. Says PREP Act Bars Pasadena COVID Policy Suit

    The Ninth Circuit on Monday refused to revive a Pasadena employee's suit challenging the city's COVID-19 safety policy for unvaccinated city employees, ruling that the city is immune from his claims under the Public Readiness and Emergency Preparedness Act.

  • October 05, 2026

    Masimo's $634M Apple IP Win Boosted By $184M In Interest

    A California federal judge on Monday ordered Apple Inc. to pay Masimo Corp. $184 million in prejudgment interest on top of a $634 million damages award for infringing a Masimo pulse oximetry patent through an Apple Watch feature, rejecting Apple's contention that such interest was not warranted.

  • October 05, 2026

    9th Circ. Revives Antitrust Suits Against Invisalign

    The Ninth Circuit on Monday reversed Invisalign-maker Align's summary judgment win in two class actions accusing the company of monopolizing the clear teeth aligner market, saying in a published opinion that Align's true reason for ending tech interoperability with a rival is still up for dispute.

  • October 05, 2026

    What The Justices Won't Hear: A Roundup Of Cert Denials

    The U.S. Supreme Court declined to grant a writ of certiorari to dozens of applicants Monday, including in cases involving criminal convictions and sentences, antitrust actions, and employment bias disputes.

  • October 05, 2026

    5th Circ. Hints CMS Medicare Advantage Rule May Violate APA

    A Fifth Circuit panel seemed hesitant to buy an argument that a rule from the Centers for Medicare & Medicaid Services dealing with Medicare Advantage plan overpayments went through proper rulemaking steps, asking Monday if the agency's argument that it can change its rationale "upends" rulemaking procedures.

  • October 05, 2026

    Sotomayor Warns Judges: Don't Scare Your Jurors

    U.S. Supreme Court Justice Sonia Sotomayor on Monday criticized an Alabama trial court judge who frightened a pool of prospective jurors by ordering the arrest of a latecomer to jury selection, saying in a statement accompanying a denial of certiorari in the case that fear can undermine a defendant's right to an impartial jury.

  • October 05, 2026

    Insurer's Late Filing Doesn't Doom Crash Deal, Ga. Court Says

    A Georgia appeals court found Monday that an insurer's late delivery of a coverage statement did not prevent the enforcement of a settlement in a suit stemming from a car collision, sending the case back to a lower court to determine whether the deal was validly rescinded.

  • October 05, 2026

    5th Circ. Wonders If Flock Cameras Align With 4th Amendment

    A Fifth Circuit panel on Monday pressed the federal government to explain how law enforcement's use of Flock cameras to track criminal suspects without obtaining a search warrant doesn't run afoul of the Fourth Amendment, questioning prosecutors' assertion that publicly observable movements enjoy no protections.

  • October 05, 2026

    Mich. High Court To Weigh Retroactivity Of Sentencing Rule

    The Michigan Supreme Court has taken up an appeal asking it to decide if a landmark decision that bans the inclusion of previously acquitted charges as a factor for sentencing applies retroactively even after a sentence has been appealed.

  • October 05, 2026

    5th Circ. Backs Surgical Stapler Death Suit Dismissal

    The Fifth Circuit on Friday upheld a lower court's decision to dismiss a suit against Johnson & Johnson and its medical device subsidiary Ethicon Endo-Surgery Inc. over a surgical stapler implicated in a man's death for failing to provide notice before filing suit.

  • October 05, 2026

    Justices Mull Courts' Authority To Hear Vets' Benefits Suit

    The U.S. Supreme Court on Monday appeared split on whether the Veterans' Judicial Review Act bars federal district courts from presiding over constitutional challenges to statutes affecting veterans' benefits, with justices questioning both sides' interpretation of the law's no-review clause.   

  • October 05, 2026

    Youths Lose Bid To Stay Repeal Of Climate Finding

    A D.C. Circuit panel on Monday denied youth plaintiffs' request to stay the U.S. Environmental Protection Agency's repeal of a landmark finding that greenhouse gas pollution endangers people's health while they pursue a legal challenge.

  • October 05, 2026

    Justices Unsure Climate Lawsuits Are A Constitutional Matter

    U.S. Supreme Court justices on Monday appeared reluctant to endorse the argument that climate change lawsuits brought by state and local governments against fossil fuel companies are constitutionally prohibited, even as they questioned whether such lawsuits can be sustained.

  • October 05, 2026

    Fed. Circ. Partially Revives Wall Outlet Cover Patent Suit

    The Federal Circuit on Monday revived part of SnapRays LLC's case accusing O'Reilly Winship LLC of infringing patents covering a type of plastic plate that covers wall outlets, saying a Texas federal court messed up a piece of claim construction in the case.

  • October 05, 2026

    'Encouraging' Signs By 10th Circ. In Opt-Out Suit, Banks Say

    Banking industry stakeholders and their counsel spoke candidly Monday about their pending challenge before the Tenth Circuit to a Colorado law intended to curb high-cost lending in the state, saying the law instead harms consumers and that the en banc court seemed inclined to side with the banking groups.

  • October 05, 2026

    Justices Won't Block Paramount's $110B WB Deal

    The U.S. Supreme Court on Monday quickly rejected a request by consumers to immediately block Paramount Skydance's $110 billion purchase of Warner Bros. Discovery, which is expected to close Tuesday, while a lower court adjudicates their antitrust claims challenging the merger.

  • October 05, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week temporarily froze roughly 32.1 million Talkdesk Inc. shares in a fight over a disputed foreclosure involving founder and CEO Tiago Paiva, while rejecting Saama Technologies founder Suresh Katta's nearly $68 million earnout bid and awarding the company about $7.3 million.

  • October 05, 2026

    Groups Say Fla. City Bent Rules For Related Ross Hotel Tower

    Two West Palm Beach neighborhood groups are arguing to a Florida state appeals court that city officials advanced an 18-story Related Ross convention center and hotel project while ignoring concerns that the project's valet operations could pose a risk to pedestrians, among other issues in the approval process.

  • October 05, 2026

    4th Circ. Upholds Order For US To Admit Afghan Families

    A Fourth Circuit panel has declined to stay a federal district judge's order clearing the way for the families of seven Afghans who fought for and alongside the U.S. military to enter the country, rejecting the State Department's argument that the families' visa petitions fall within the consular nonreviewability doctrine.

  • October 05, 2026

    Split 9th Circ. Backs Ex-GM Worker's $5M Bribery Conviction

    A split Ninth Circuit on Monday upheld a former General Motors Co. commodity manager's conviction for soliciting a $5 million cash bribe from an auto parts supplier in return for ensuring it secured a $100 million contract.

  • October 05, 2026

    FCC Evading Courts With 'Gamesmanship,' DC Circ. Told

    The Federal Communications Commission is pursuing a road map for evading judicial review of major rulings, an advocacy group warned the D.C. Circuit in a case challenging Fox TV's Philadelphia license.

  • October 05, 2026

    State Watchdogs Bristle At Prediction Market Incursion

    A group of state gaming regulators has urged the U.S. Supreme Court to consider reviewing Kalshi's ability to offer sports-related contracts in New Jersey, nodding to recent case law that has cut against the decision that gave rise to the state's petition.

Expert Analysis

  • When Do Murals Qualify For IP Protection?

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    Artist Robert Wyland recently sued FIFA for painting over his 1999 "Ocean Life" mural to make room for a World Cup promotion in Dallas, spotlighting questions over the extent to which copyright law and the Visual Artists Rights Act protect different types of art, say attorneys at Armstrong Teasdale.

  • How Justices' Habeas Ruling Limits Compassionate Release

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    The U.S. Supreme Court's recent holding in Fernandez v. U.S. that a federal prisoner who challenges their conviction's validity must do so through habeas, not compassionate release, considerably narrows the universe of arguments that can support a sentence reduction, says attorney Elizabeth Franklin-Best.

  • The Banking Issue Hiding In Justices' Freight Broker Ruling

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    While the U.S. Supreme Court’s recent liability preemption ruling in Montgomery v. Caribe Transport was front-page news for the transportation industry, the banking industry seems to have missed that the decision exposes freight broker lenders to credit, documentation and litigation issues, say attorneys at Barack Ferrazzano.

  • Insurance Ruling Extends NY Bad Faith To 3rd-Party Coverage

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    In Renergy v. Mt. Hawley Insurance, a New York federal court recently granted a policyholder leave to amend its complaint to clarify a bad faith claims handling cause of action, confirming, after nearly 20 years, that bad faith damages are available in the third-party liability context, say attorneys at Barnes & Thornburg.

  • Opinion

    Rule Of Law Requires Gov't Engagement With Bar, Not Retreat

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    A federal agency's absence from national and local bar conferences, most recently illustrated by the U.S. Department of Justice's withdrawal from a New York City Bar Association white collar conference, disserves the bar, the government lawyers themselves and, ultimately, the administration of justice, says Muhammad Faridi at Linklaters.

  • Fed. Circ. Clarifies Standard For Contesting CICA Overrides

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    The Federal Circuit's recent holding in Life Science Logistics strengthens the hand of protesters facing an override of the Competition in Contracting Act stay, and a Court of Federal Claims decision the same day demonstrates that how a protester frames its requested relief remains critically important, says Richard Arnholt at Bass Berry.

  • The Paradoxical Duty To Adopt AI When You Can't Bill For It

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    Both billing for hours saved using artificial intelligence and preserving billable time by not adopting AI may violate rules of professional conduct, but until bar associations' ethics rules catch up to this emerging economic dilemma, firms must decide how to adjust fee structures themselves, says Ines Lassalle at Peyrot & Associates.

  • 4 Emerging Limits Of Employer Mental Health Notice Defense

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    A California appeals court's recent decision in Husband v. Target, addressing when an employer knows about an employee's undisclosed disability, leaves open questions about how changes in mental health awareness and workforce monitoring tools may raise the bar for what employers can claim not to know, says Benjamin Heller at RFZ Law.

  • Raptors Ruling Shows Risks Of Calif. Enviro Suit Intervention

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    Intervention in California environmental litigation can allow businesses to help defend agency approvals, but after a state appeals court's recent ruling in Raptors Are the Solution v. CropLife America, it is clear that intervention also carries a price — and that courts will hold parties accountable for the full arc of their litigation conduct, says Thierry Montoya at FBT Gibbons.

  • A Decade Later, Escobar Is Still Shaping FCA Cases

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    The U.S. Supreme Court's decision 10 years ago in Universal Health Services v. U.S. ex rel. Escobar changed the way in which lower courts evaluate False Claims Act cases — and the ruling remains vital in nearly every FCA case filed today, say attorneys at Bradley Arant.

  • Sripetch May Prove To Be An Empty Victory For The SEC

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    The U.S. Supreme Court's recent decision in Sripetch v. U.S. Securities and Exchange Commission held that the SEC need not prove pecuniary harm for disgorgement, but if the commission must still identify victims and distribute funds in a compensatory way, it faces the same economic problem as before the ruling, says Erin Smith at Compass Lexecon.

  • 9th Circ. Cooler Ruling Chills 1st Mover Lanham Act Claims

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    The Ninth Circuit's recent decision in Vericool World v. Igloo Products that Vericool's claim of being first-to-market with an ecocooler was not actionable under the Lanham Act largely foreclosed false advertising litigation over first mover status, so potential plaintiffs should instead look to patent counseling or intellectual property strategy for these claims, say attorneys at Manatt.

  • Mapping 5 Fronts Of The Prediction Markets Regulatory Battle

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    The legal framework governing prediction markets is under simultaneous challenge in five independent areas, and the outcomes will determine not just who can operate prediction markets, but the compliance obligations of every participant in the ecosystem, says Ivor Wolk at Manatt.

  • Patent Ruling Highlights Risks Of Late Inventorship Fixes

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    The Federal Circuit's recent decision in Implicit v. Sonos demonstrates the risk of forfeiture with retroactive correction of inventorship in inter partes review proceedings, with a clear message to the patent community that potential inventorship issues should be considered at every stage of a patent's life cycle, say attorneys at BCLP.

  • Adjusting IPR Tactics As Google Fights 'Settled Expectations'

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    Google’s petition for the U.S. Supreme Court to scrutinize the Patent Trial and Appeal Board's so-called settled expectations practice underscores why accused infringers facing older asserted patents should treat discretionary denial as a case-dispositive risk from day one, says attorney Abdul Abdullahi.

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