Appellate

  • October 27, 2026

    Texas Panel Reinstates Home Invasion Shooting Convictions

    A Texas appeals court on Tuesday reversed a lower court's grant of a new trial to a man convicted of shooting his ex-wife five times during a home invasion, ruling he did not prove the evidence against him was insufficient or that a prosecutor's arguments during the initial trial were improper.

  • October 27, 2026

    Courts Take On Lilly GLP-1 Ads, J&J Mesothelioma Trial, More

    Law360 Healthcare Authority looks at a Novo Nordisk loss in its challenge to Eli Lilly's GLP-1 advertising, an Ohio verdict in wrongful death litigation over Johnson & Johnson's talc baby powder and other legal news from the past week.

  • October 27, 2026

    High Court Refuses To Undo Texas Immigration Rule Deal

    U.S. Supreme Court Justice Samuel Alito on Tuesday denied a request from three cities and an advocacy group to undo a consent judgment approved by a Texas federal judge that vacated a rule that allowed immigration courts to temporarily close cases.

  • October 27, 2026

    IRS Asks 1st Circ. To Toss Shuttered Bank Owner's Claims

    The IRS asked the First Circuit to dismiss unlawful property seizure and due process claims against former IRS Criminal Investigation officers in a dispute related to a shuttered online bank suspected of facilitating tax evasion and money laundering, saying the bank's former owner failed to establish plausible allegations.

  • October 27, 2026

    7th Circ. Revives Bakery's Suit Over Business License Denial

    A bakery owner who was refused a business license after hosting an event featuring "infused" treats can revive her constitutional lawsuit against officials of a Chicago suburb, the Seventh Circuit ruled Monday, finding that a lower court wrongly concluded the suit was barred because she had previously challenged the denial in state court.

  • October 27, 2026

    Atty Who Copped To Tax-Dodging Gives Back Law License

    The Georgia Supreme Court on Tuesday accepted an attorney's voluntary surrender of his law license, finding his removal from the state bar was appropriate after he pleaded guilty to tax evasion charges.

  • October 27, 2026

    Disney Says Fubo Can't Appeal Arbitration Order

    Disney has asked a California federal court to deny Fubo subscribers certification of an interlocutory appeal as they fight an order to arbitrate their case over streaming rates, saying they failed to satisfy the requirements for it.

  • October 27, 2026

    7th Circ. Says Compilation Copyright Doesn't Cover Article

    The Seventh Circuit has held that a publishing organization's copyright on a collection of writings doesn't automatically confer copyright protection on an individual article within that collection, affirming summary judgment in favor of two individuals who published that article as part of a book.

  • October 27, 2026

    4th Circ. Says W.Va. Daniel's Law Is Unconstitutional

    The Fourth Circuit on Tuesday affirmed a district court determination striking down as unconstitutional West Virginia's law restricting the publication of the home addresses and phone numbers of law enforcement and judicial officials, saying the district court applied "well-established" First Amendment principles.

  • October 27, 2026

    Calif. Appeals Court Nixes Arbitration Of Ex-Tech's PAGA Suit

    California workers can pursue representative claims under the state's Private Attorneys General Act without bringing individual claims, even after the law's 2024 amendments, a California appeals court ruled, rejecting an agricultural equipment company's bid to force a former employee into arbitration.

  • October 27, 2026

    Texas Top Court Takes Up Dallas Short-Term Rental Battle

    The Supreme Court of Texas has agreed to hear a dispute over short-term rental property regulations in Dallas, granting the city's petition to review a state appellate ruling that upheld an injunction against a pair of ordinances.

  • October 27, 2026

    5th Circ. Revives Ex-Union Pacific Conductor's ADA Case

    The Fifth Circuit reinstated a suit from an ex-conductor who said Union Pacific wouldn't let him return to his job after passing a color vision test, rejecting the company's claim that he had waited too long to lodge his claims after being excluded from a similar class action.

  • October 27, 2026

    2nd Circuit Rejects Venezuela's Bid To Void $3B In Bonds

    Nearly $3 billion in defaulted Venezuelan bonds should not be blocked from enforcement under the country's domestic law, the Second Circuit ruled Tuesday.

  • October 26, 2026

    Pa. Panel Revives Clarks Website Visitor's Wiretap Suit

    A Pennsylvania appellate court has reversed the toss of a proposed class action accusing shoe retailer Clarks of violating the state's wiretap law by sharing website visitors' information with a third-party analytics provider, finding that it wasn't clear whether consumers had adequate notice of the company's data practices.

  • October 26, 2026

    11th Circ. Says Stash House Acts Can Boost Drug Sentences

    The Eleventh Circuit upheld the roughly 20-year prison sentence for a Florida man who participated in an illicit drug enterprise, ruling in a published but split opinion that a person can receive extra prison time for "stash houses" used by co-conspirators, even in instances where the defendant did not personally own or rent the property.

  • October 26, 2026

    Justices Won't Nix Stay In La. Coastal Damages Suit

    The U.S. Supreme Court on Monday rejected Louisiana's emergency request to erase a Fifth Circuit stay that prevented one of its parishes from litigating coastal damage claims against an oil and gas company in state court.

  • October 26, 2026

    Conn. Justice Insists PTSD A 'Physical' Injury In Comp Case

    A Connecticut Supreme Court justice told counsel for the town of East Hartford on Monday that post-traumatic stress disorder is a physical injury, even though it is not observable with X-rays and other medical detection methods, and it is "nonsense" to suggest otherwise amid workers' compensation litigation.

  • October 26, 2026

    Pa. Court Affirms $9.5M Verdict Over Botched Vasectomy

    A Pennsylvania appellate panel Monday affirmed a $9.5 million verdict in a suit accusing a doctor of botching a man's vasectomy that caused the loss of a testicle, saying the verdict was supported by sufficient evidence.

  • October 26, 2026

    9th Circ. Says Judge Misread Bisexuality In Asylum Case

    A panel of the Ninth Circuit has revived a bisexual Russian man's bid for asylum, ruling that an immigration judge's conclusion that he was not bisexual because he'd never had sex represented a fundamental misunderstanding of bisexuality.

  • October 26, 2026

    Stellantis Tells 2nd Circ. To Reject Car Inventory Fraud Suit

    Stellantis and two former executives have told the Second Circuit that a New York federal judge correctly dismissed a proposed securities fraud class action accusing the automaker of loading dealerships with excess vehicle inventory in order to pump up Stellantis' operating margins.

  • October 26, 2026

    Conn. Town Appeals Loss In $11M Quarry Deal Coverage Case

    A Connecticut town will challenge a federal judge's ruling that several insurers are free of any coverage obligations for an $11 million settlement over the politically motivated shutdown of a local quarry, court records show.

  • October 26, 2026

    11th Circ. Nixes Challenge To Ga. Campaign Finance Law

    The Eleventh Circuit on Monday shut down a political action committee's lawsuit alleging a state campaign finance law unlawfully favored a rival to its preferred gubernatorial candidate, Georgia Secretary of State Brad Raffensperger, concluding that the end of Raffensperger's campaign nullified the case.

  • October 26, 2026

    Whiskey Co. CEO Loses Shot At Halting Ch. 11 Asset Sale

    A Tennessee federal judge has denied an attempt by the chief executive of a whiskey maker to block asset sale efforts by the company's receiver pending an appeal of the court's decision to keep the receivership in place.

  • October 26, 2026

    Farmworker Seeks Higher Atty Fees, Citing 9th Circ. Ruling

    A farmworker and a union urged a Washington federal court to increase a previous attorney fee award to nearly $430,000 following a recent Ninth Circuit decision in their favor, arguing they are entitled to more fees due to their success in challenging the federal government's agricultural wage survey methodology.

  • October 26, 2026

    Order Restoring Park Signage 'Flawed,' Feds Tell 1st Circ.

    The Trump administration has urged the First Circuit to vacate a "deeply flawed" ruling requiring it to restore signage addressing climate change, slavery and the history of Indigenous peoples at dozens of National Park Service-managed sites.

Expert Analysis

  • Post-Ismael Bias Cases Reinforce Familiar Employer Lessons

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    Despite the Eleventh Circuit's 2025 decision in Ismael v. Roundtree sparking concern that summary judgment could become more difficult for employers in discrimination and retaliation cases, courts continue to examine whether the employer's explanation, decision-making process and contemporaneous record tell a consistent story, say attorneys at Krevolin Horst.

  • Fed. Circ. In June: When Courts Can't Correct Patent Errors

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    The Federal Circuit's recent decision in Enanta v. Pfizer explores and clarifies the limits of what can be corrected in a patent application, even if the error is obvious, say attorneys at Knobbe Martens.

  • Challenging Detention After 5th Circ. Ends Bond Clocks

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    After the vacatur of the Fifth Circuit’s holding that the U.S. Constitution requires bond hearings for detained noncriminal noncitizens, practitioners should go back to filing habeas petitions, pending the court's en banc rehearing, says Kemal Hepsen at Mandamus Lawyers.

  • Patent Eligibility Bulletin: New USPTO Guidance And AI Risks

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    In the second quarter of 2026, the U.S. Patent and Trademark Office updated its subject matter eligibility declarations in line with its increasingly permissive patent eligibility stance, while the Federal Circuit rigorously applied the Alice framework in a decision that highlighted risks facing patent claims that utilize artificial intelligence and machine learning, say attorneys at Banner Witcoff.

  • State Of Insurance: Q2 Notes From Illinois

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    The second quarter of 2026 featured a trio of auto insurance opinions from Illinois' appellate courts, addressing a notice requirement, narrowing insurers' exposure for delayed payment of underinsured motorist claims, and creating a district split on coverage for employee-drivers under employers' policies, says Matthew Fortin at BatesCarey.

  • Why Courts Are Pushing Back On Greenwashing Laws

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    Recent Fourth Circuit and California federal court decisions blocking state greenwashing statutes on First Amendment grounds reveal a tension at the heart of environmental marketing regulation — while states want clarity, courts aren't prepared to let legislatures flatly ban categories of truthful commercial speech, say attorneys at DLA Piper.

  • 11th Circ. Opioid Appeal May Shift Public Nuisance Coverage

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    The Eleventh Circuit's recent ruling certifying to the Florida and Georgia Supreme Courts the question of whether insurers must provide coverage against suits claiming policyholders improperly distributed opioids may ultimately result in a counterbalance to the Delaware line of cases denying coverage for government opioid suits, say attorneys at Pillsbury.

  • Series

    Teaching SEC Investigations Makes Me A Better Lawyer

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    Instructing a law school course on U.S. Securities and Exchange Commission investigations has made me a more thoughtful, deliberate practitioner because it requires me to continually reassess and challenge what I know about securities law enforcement, how I know it and how best to explain it, says David Chase at Miami Law.

  • Monsanto Ruling Bolsters Generic Drug Labeling Preemption

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    The U.S. Supreme Court's recent decision in Monsanto Co. v. Durnell concerns herbicide labeling regulated by the Federal Insecticide, Fungicide, and Rodenticide Act, but also carries weighty implications for preemption of state law labeling claims against drug manufacturers, say Terry Henry and Ann Querns at Blank Rome and Melanie Leney at Aurobindo Pharma.

  • Justices' Tax Sale Ruling Tees Up Auction Fairness Battles

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    The U.S. Supreme Court’s recent decision in Pung v. Isabella County, Michigan, that taxpayers are not entitled to fair market value of real property seized to satisfy a tax debt shifts attention to the fairness of state and local auction procedures, and whether taxpayers claiming surplus proceeds face unwarranted hurdles, say attorneys at Miller Canfield.

  • Why The 2nd Circ. Upheld Beneficial Ownership Blockers

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    The Second Circuit recently held that a properly drafted contractual blocker — which caps an investor's beneficial ownership below 10% and automatically voids any transaction that would breach the cap — shields the investor from Section 16(b) liability, demonstrating that blockers have teeth, say attorneys at Sheppard.

  • Patent Eligibility Reforms Keep Chasing The Wrong Fixes

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    Repeated efforts to create a consistent, predictable patent eligibility standard under Section 101 have centered on replacing judge-made exceptions with new statutory language, but the better fix is to align examination standards with how courts actually apply eligibility doctrine, says former Patent Trial and Appeal Board judge Amee Shah.

  • Opinion

    Qualified Immunity Bill's Reach Goes Beyond Federal Officers

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    The federal Qualified Immunity Abolition Act, introduced earlier this year and described by the bill sponsors as a federal-officer measure, would in actuality reach the entire universe of Section 1983 defendants, a distinction that matters as much to defense counsel as to plaintiffs, says attorney V. James DeSimone.

  • Where The Justices Aligned In Appellate Authority Ruling

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    The real story of the U.S. Supreme Court’s recent ruling in T.M. v. University of Maryland Medical System Corp., finding that a doctrine designed to curtail duplicative litigation prevents federal district courts from reviewing state court decisions, is in how the justices together revisited an obscure, century-old jurisdictional doctrine, says Alex Dimitrief at Zeughauser Group.

  • How High Court Pepsi Case Could Brew TM Strategy Shift

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    The U.S. Supreme Court's forthcoming decision in RiseandShine v. PepsiCo will determine whether a judge or jury decides trademark strength in infringement disputes, which could meaningfully change early-stage motion practice, discovery and what evidence is needed to prove a mark is strong, says Rachel Scobie at Merchant & Gould.

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