Appellate

  • September 02, 2026

    11th Circ. OKs Refusal Of $1.5M Offer To End $140M Tax Debt

    The Eleventh Circuit rebuffed a software company founder's $1.5 million offer to settle his $140 million tax debt from 1999, ruling Wednesday that the IRS properly rejected the lowball offer in a case tied to sham arrangements.

  • September 02, 2026

    11th Circ. Revives Some Of Pot Co.'s License Bias Claims

    The Eleventh Circuit revived Wednesday a cannabis company's suit against Georgia regulators over a denied production license, saying the company showed it suffered an injury from the state's "pay to play" system and had the right to bring a lawsuit despite cannabis being federally illegal.

  • September 02, 2026

    Contractor Seeks Redo After Fed. Circ. Vacates $12.7M Award

    A software developer has urged the en banc Federal Circuit to rethink a panel's decision vacating a $12.7 million award against the federal government over unauthorized copies of the company's software, saying the panel wrongly endorsed a hypothetical negotiation between the parties to calculate damages.

  • September 02, 2026

    8th Circ. OKs 15-Year Sentence For Facebook Body Part Seller

    The Eighth Circuit has ruled that an apprentice mortician sentenced to 15 years in prison for selling human remains on Facebook must stay in prison, because even though the punishment is an upward departure from sentencing guidelines, it is fair based on the nature of the crime.

  • September 02, 2026

    9th Circ. Denies Funko's Bid To Revisit Investor Dispute

    The Ninth Circuit said Wednesday it would not reconsider its decision to revive a proposed class action accusing Funko Inc. of failing to warn investors about tens of millions of dollars' worth of excess toys the company eventually wrote off.

  • September 02, 2026

    DOJ Says Trump's Jan. 6 Speech Was An Official Act

    The U.S. Department of Justice argued Tuesday that President Donald Trump was carrying out one of his office's "most important functions" when he urged protesters to head to the Capitol on Jan. 6, 2021, and "fight like hell," so the D.C. Circuit should deem his speech official conduct.

  • September 02, 2026

    Ga. Panel Weighs Bid To Toss Blood Evidence In Crash Case

    The Georgia Court of Appeals on Wednesday considered whether a trial court should have suppressed blood sample evidence in the case of a man arrested and charged with vehicular homicide after colliding with a church van in Habersham County.

  • September 02, 2026

    NJ Urges Justices To Resolve Kalshi Sports Betting Split

    New Jersey regulators on Wednesday asked the U.S. Supreme Court to address the newly emerged circuit split around prediction market regulation, filing a long-awaited petition that challenged a Third Circuit decision blocking the state from pursuing Kalshi's sports event contracts as unlicensed bets.

  • September 02, 2026

    Proskauer Hires Goodwin Procter's Supreme Court Co-Head

    Proskauer Rose LLP has added the former co-head of Goodwin Procter LLP's Supreme Court practice as the co-head of its compensation and benefits litigation practice, the firm announced Wednesday.

  • September 02, 2026

    Hall Booth Can't Pause NC Malpractice Claims, Court Told

    A court-appointed receiver has blasted Hall Booth Smith PC's bid in the North Carolina state appeals court to pause legal malpractice claims against the firm related to a wrongful conviction judgment, calling the move "nothing but a collateral attack" in state court on a federal order appointing the receiver.

  • September 02, 2026

    10th Circ. Overturns School's Win In Title IX Abuse Liability Suit

    The Tenth Circuit has revived three women's claims that their former university mishandled their allegations of sexual assault and harassment by their basketball coach's husband, finding a New Mexico federal court too narrowly construed Title IX precedent when it found the school had no control over the man.

  • September 02, 2026

    1st Circ. Says Son's Asthma Not Enough To Stop Removal

    The First Circuit has refused to reverse a removal order for a Salvadoran citizen, finding that providing asthma medication for his 17-year-old son is not an exceptional hardship that could halt the process.

  • September 02, 2026

    5th Circ. Presses ATF On Out-Of-State Handgun Sales

    A Fifth Circuit panel pressed the Bureau of Alcohol, Tobacco, Firearms and Explosives to explain the scope of a law barring citizens from purchasing handguns outside their state of residence, asking Wednesday what problems the government would face from the law's revocation.

  • September 02, 2026

    Fla. Panel Nixes $1M Child Support Life Insurance Order

    A Florida appellate panel on Wednesday reversed a decision requiring a father to have a $1 million life insurance policy to protect child support payments, finding a lower court did not determine if he could afford the policy.

  • September 02, 2026

    2nd Circ. Faults NLRB's Dress Code Test In Starbucks Appeal

    The Second Circuit faulted the test the National Labor Relations Board applies to neutral dress codes that restrict workers' displays of union insignia, tossing Wednesday a ruling that Starbucks illegally barred workers at a Manhattan shop from wearing pro-union shirts. 

  • September 02, 2026

    11th Circ. Axes Ethics Complaint Over Fla. Judge's Israel Book

    The Eleventh Circuit's chief judge has dismissed an ethics complaint against a Florida federal judge, finding the district judge's alleged actions promoting his book about Israel, including appearances from his judicial chambers, didn't violate the judicial ethics code.

  • September 02, 2026

    Manslaughter Verdict Vacated Over DNA Analysts' Testimony

    Massachusetts' intermediate appellate court on Wednesday vacated a 2023 manslaughter conviction due to the prosecution's reliance on substitute DNA analysts whose testimony was based on the work of another crime lab staffer.

  • September 02, 2026

    DOL Backs Aramark Bid To Avoid Aetna ERISA Suit Arbitration

    The U.S. Department of Labor backed Aramark's attempt to keep in court its allegations that Aetna cost the company millions by mismanaging health benefit claims, telling the full Fifth Circuit that a panel correctly held that the case fell under an exception in the arbitration agreement.

  • September 01, 2026

    McLane Model Keeps Drivers Overtime-Exempt, 9th Circ. Says

    A Ninth Circuit panel on Tuesday affirmed a lower court's ruling that truck drivers behind a proposed class action against food distributor McLane Foodservice Inc. are exempt from overtime pay, holding that the employees engaged in interstate commerce despite driving only in California.

  • September 01, 2026

    Copyright Chief Says Cook Ruling Bolsters Firing Challenge

    The U.S. Copyright Office's Shira Perlmutter has asked the D.C. Circuit to reverse a federal judge's refusal to block her firing by the Trump administration, arguing that the U.S. Supreme Court's June decision protecting Federal Reserve Gov. Lisa Cook undercuts the lower court's reason for denying her preliminary relief.

  • September 01, 2026

    Mass. Justices Uphold Plea Despite Police Corruption Claims

    The Massachusetts Supreme Judicial Court has affirmed the denial of a man's request to withdraw his guilty pleas to the murders of two women, saying he failed to show on appeal that serious Boston Police Department corruption in a related murder investigation tainted his own case.

  • September 01, 2026

    Securitas Can't Arbitrate Wage Class Action, Wash. Panel Says

    A former Securitas worker's proposed wage-and-hour class action against the guard service will move forward following a Washington appeals panel's ruling Monday that upheld a lower court's rejection of the company's bid to force the ex-employee into arbitration.

  • September 01, 2026

    4th Circ. Told Geofence Warrant Doesn't Meet New Standards

    The Fourth Circuit has been asked to rule that the geofence warrant at the heart of a major U.S. Supreme Court decision clarifying standards for location-data searches did in fact authorize an unconstitutional search in light of the high court's ruling.

  • September 01, 2026

    High Court Should Skip Ruby Tuesday Benefits Suit, SG Says

    The U.S. solicitor general has urged the Supreme Court to decline to consider a suit from former Ruby Tuesday executives alleging Regions Bank inadequately protected their retirement plan benefits that were liquidated in bankruptcy, saying the "idiosyncratic" nature of the dispute makes it a poor candidate for high court review.

  • September 01, 2026

    Toyota Can't Block Expert In Carbon Monoxide Death Suit

    A Georgia appeals court on Tuesday largely upheld rulings allowing a wrongful death and product liability case against Toyota to proceed over a fatal carbon monoxide poisoning linked to a keyless ignition vehicle, but said punitive damages were off the table.

Expert Analysis

  • 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.

  • State Of Insurance: Q2 Notes From Pennsylvania

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    Todd Leon at Marshall Dennehey highlights notable second-quarter insurance developments in Pennsylvania, including federal court opinions providing guidance on first-party and third-party insurance coverage principles, and a pending bill seeking to regulate health insurers' use of artificial intelligence.

  • High Court, SEC Proposals Set Stage For Further Fund Reform

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    The U.S. Supreme Court's recent decision in FS Credit Opportunities v. Saba Capital Master Fund and the U.S. Securities and Exchange Commission's proposed rulemaking packages aimed at public market reforms provide a constructive backdrop for considering additional innovations to the listed fund structure, say attorneys at Debevoise.

  • Series

    Judges On AI: Examining Administrative, Organizational Uses

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    U.S. District Judge Alan Albright of the Western District of Texas examines how artificial intelligence could transform a court's ability to deal with administrative work and organize materials when preparing for hearings or drafting opinions, thereby affording judges more time to resolve contested issues.

  • Why 4th Circ.'s Clean Water Act Injunction Ruling Matters

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    The Fourth Circuit's ruling last month in West Virginia Rivers Coalition v. Chemours, holding that a Clean Water Act permit violation does not automatically create a presumption of irreparable harm that requires a preliminary injunction, avoided a dramatic change in CWA enforcement, say attorneys at Hunton.

  • USPTO-Fed. Circ. Split Complicates Machine Learning Patents

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    The wide chasm between the USPTO's and the Federal Circuit's approach to eligibility for machine learning patents means that patent drafters must avoid functional claiming and specifications if they hope to avoid invalidation of a machine learning patent at the appellate court, says attorney Michael Kiklis.

  • How 9th Circ. 'Shadow Trading' Case May Affect Private Credit

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    Private credit firms should not wait for a result in the Ninth Circuit appeal in U.S. Securities and Exchange Commission v. Panuwat to address material nonpublic information exposure under existing statutes and take steps to ensure their internal policies and surveillance are ready for increased regulatory scrutiny, says Steve Brown at StarCompliance.

  • 4 Cert. Denials Keep Personal Jurisdiction Issues Percolating

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    After the U.S. Supreme Court's decisions in Ford Motor v. Montana and Mallory v. Norfolk Southern Railway expanded limits on personal jurisdiction, the justices' denials this term of four certiorari petitions suggest they are content to let jurisdiction questions brew in lower courts before weighing in, say attorneys at Hunton.

  • Class Actions At The Circuit Courts: July Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings involving wage and hour allegations, medical care for incarcerated individuals, oil and gas royalty payments, and nuisance claims.

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