Appellate

  • May 19, 2026

    VLSI Tells Fed. Circ. To Allow Whistleblower Report After FOIA

    VLSI Technology LLC urged the Federal Circuit Tuesday to unseal at least part of an anonymous whistleblower report that allegedly shows a connection between Intel Corp. and Patent Quality Assurance LLC, now that a copy has become public though the Freedom of Information Act.

  • May 19, 2026

    Shoppers Seek Fees At 9th Circ. For Kroger, Albertsons Fight

    Counsel for grocery store consumers urged the Ninth Circuit on Tuesday to find they substantially prevailed in their proposed class action challenging Kroger's since-abandoned $24.6 billion bid for Albertsons and are entitled to attorney fees, arguing that the lower court wrongly concluded the case was mooted by other federal actions blocking the merger.

  • May 19, 2026

    9th Circ. Leans Toward FCC In Appeal Over SIM Card Beef

    The Ninth Circuit seemed to have its doubts Tuesday that the Federal Communications Commission made the wrong call in finding it had no say over a Haitian mobile carrier's decision to deactivate SIM cards that were brought into the United States and used to evade international calling rates. 

  • May 19, 2026

    7th Circ. Questions Bid To Revive Wis. Reverse Bias Suit

    A Seventh Circuit panel seemed skeptical Tuesday of four former Infosys Technologies employees' argument that a lower court should have considered their name-recognition expert's opinions before it issued a class certification denial and summary judgment ruling that tanked their reverse discrimination case.

  • May 19, 2026

    Concrete Co. Loses Challenge To Worker Wage Classification

    A concrete services company lost its challenge Tuesday to the way the Washington State Department of Labor and Industries classified its employees, with a state appeals court holding that L&I properly classified the workers as construction site surveyors who were owed higher wages.

  • May 19, 2026

    6th Circ. Rejects Mich. City Dispensary Co.'s Due Process Claim

    A cannabis investment company can't sue a city within metro Detroit for refusing to allow it to open a dispensary, the Sixth Circuit ruled, saying a local official's alleged promise to "grandfather" the company in, despite a ban on new retailers, can't supersede a city ordinance.

  • May 19, 2026

    She Has A Point: Sheppard's Michelle Replogle

    When Michelle Replogle of Sheppard and Nitika Gupta Fiorella of Fish & Richardson PC were opponents in a patent case, Fiorella said, Replogle stood out for her expertise and respect, which she showed to everyone regardless of their experience or whom they represented in the litigation.

  • May 19, 2026

    Calif. Urges 9th Circ. To Revive Pay-For-Delay Restrictions

    California urged a Ninth Circuit panel Tuesday to find a Golden State law that bans drugmakers from cutting deals out of state that pay to delay generics competition doesn't violate the U.S. Constitution, arguing that ruling otherwise could jeopardize many longstanding state laws that regulate out-of-state conduct.

  • May 19, 2026

    Premiums To Struggling Insurer Are 'Debts,' Conn. Panel Told

    PHL Variable Insurance Co. life insurance policyholders on Tuesday accused Connecticut's interim insurance commissioner of bankrolling the struggling insurer's rehabilitation by receiving millions without guaranteeing at least some payout, urging a state appeals court to reverse a trial judge's conclusion that premiums are not "debts."

  • May 19, 2026

    EU Says $40M Award Against Poland Can't Be Enforced

    The European Commission has told the D.C. Circuit that a Swedish court decision, which dismissed a $40 million arbitral award favoring a commodities trading firm, correctly set aside the award against Poland as incompatible with Swedish and European Union law.

  • May 19, 2026

    4th Circ. Revives Freight Broker Suit After High Court Ruling

    The Fourth Circuit on Monday revived a South Carolina widow's lawsuit alleging that freight broker Echo Global Logistics negligently selected the trucking company involved in the 2022 accident that killed her husband, days after a U.S. Supreme Court ruling established that freight brokers can face state-based tort claims.

  • May 19, 2026

    Apple's Fed. Circ. Review Bid Gets Support In Watch Ban Feud

    Technology industry groups and an organization that often files patent challenges have thrown their support behind Apple's fight against a Federal Circuit panel's finding that the U.S. International Trade Commission properly banned imports of Apple Watches with blood oxygen-monitoring features.

  • May 19, 2026

    3rd Circ. Upholds Drug, Gun Verdicts Despite Testimony Error

    A man who was sentenced to 16 years in prison for gun and drug offenses cannot have his convictions overturned, the Third Circuit said Tuesday, finding that while he did bring up one error, it was ultimately harmless because the evidence against him was overwhelming.

  • May 19, 2026

    Split 8th Circ. Revives Challenge To NHTSA Brake Light View

    A split Eighth Circuit panel revived a lawsuit Monday by two Arkansas-based distributors of pulsing brake lights, ruling the companies can challenge the National Highway Traffic Safety Administration's letters declaring the products illegal and laying out plans to "threaten" customers with fines.

  • May 19, 2026

    Fed. Circ. Rehearing Sought In $18M Penile Implant Dispute

    The Federal Circuit has been asked to have another look at a decision that largely reversed a California federal jury verdict that awarded $18.3 million to International Medical Devices Inc. in a trade secret case related to penile implants.

  • May 19, 2026

    Hanna Wants 3rd Circ. To Weigh Homebuyers' Antitrust Suit

    Hanna Holdings Inc. urged a Pennsylvania federal court to let the Third Circuit weigh in on the lower court's dismissal orders for a proposed antitrust class action that accuses the real estate brokerage of conspiring with other parties to artificially inflate buyer-broker commission fees.

  • May 19, 2026

    Payroll Vendor Not Care Workers' Employer, 3rd Circ. Says

    A payroll services vendor for Pennsylvania's Medicaid-funded home care program cannot be held jointly liable for unpaid overtime because it did not exercise significant control over caregivers, the Third Circuit ruled Tuesday, affirming the company's bench trial win.

  • May 19, 2026

    11th Circ. Says Two-Dismissal Rule Sinks Boat Insurer's Claim

    An Eleventh Circuit panel on Tuesday said an insurer cannot file its action seeking to avoid coverage for a boat fire a third time, determining that its two previous voluntary dismissals barred any further litigation, even if the first dismissal was by mutual agreement.

  • May 19, 2026

    TikTok Says 'Market Exploitation' Doesn't Give NC Jurisdiction

    TikTok is pushing the North Carolina Supreme Court to throw out claims by the state's attorney general alleging it deceptively marketed its platform as safe for minors, saying the "market exploitation" theory would in effect allow any business that operates on the internet to be hauled into any state court.

  • May 19, 2026

    Revoking Workers' Comp A 'Slippery Slope,' Pa. Justice Says

    A Pennsylvania Supreme Court justice Tuesday warned that cutting off workers' compensation benefits for disregarding a doctor's general health advice, such as not smoking, could be a "slippery slope" that leads to the end of coverage for many across the state.

  • May 19, 2026

    Ill. Justices Wary Of Uber's Push To Arbitrate Fatal Crash Suit

    Illinois Supreme Court justices on Tuesday pressed an attorney for Uber to explain how a widow's arbitration agreement through her own ride-sharing account is applicable to the wrongful death claims she has filed on behalf of her husband, who died as a passenger on a ride booked through his own Uber app. 

  • May 19, 2026

    NJ Plans To Take 3rd Circ. Kalshi Loss To US Supreme Court

    New Jersey plans to seek U.S. Supreme Court review of a recent Third Circuit decision that upheld an injunction on the state's attempt to ban sports prediction markets, according to a joint status report filed by the state and KalshiEx LLC in New Jersey federal court. 

  • May 19, 2026

    DC Circ. Says Solar Cos. Lack Standing Over Grid Upgrade Bill

    The D.C. Circuit on Tuesday tossed solar development companies' claims that a regional transmission organization's flawed methodology led to an assignment of $311 million in grid upgrade costs to facilitate their grid connection requests, finding the developers lack standing.

  • May 19, 2026

    Pa. Panel Won't Undo Arbitration In Airbnb Death Case

    The Pennsylvania Superior Court on Tuesday rejected an appeal by the estate of a man who died while staying at an Airbnb property, saying a recent state high court ruling bars it from reviewing a trial court's decision to send the case to arbitration.

  • May 19, 2026

    Mich. Panel Says Gauze, Gloves Not Tax-Exempt Prosthetics

    A Michigan appellate court panel has affirmed a tax ruling against a medical equipment company, holding that prescription gauze, bandages, gloves, wound dressings and related supplies sold to disabled patients do not qualify as tax-exempt prosthetic devices under the state's General Sales Tax Act. 

Expert Analysis

  • 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.

  • Opinion

    5th Circ.'s Abortion Pill Order Is Shaky On Multiple Grounds

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    The Fifth Circuit's recent order in Louisiana v. U.S. Food and Drug Administration, reinstating an in-person dispensing requirement for the abortion medication mifepristone, seems to turn federalism upside-down, and is also questionable for several other reasons, says Gregory Curtner at Curtner Law.

  • Series

    The Biz Court Digest: Georgia Court Has Business On Its Mind

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    Thanks to recent legislation, the Georgia State-wide Business Court will soon offer business litigants greater access to the court than ever before, further enhancing the court's emphasis on efficiency, predictability and accessibility for sophisticated commercial disputes, says former GSBC judge Walt Davis at Jones Day.

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