Appellate

  • November 05, 2026

    IRS Asks 10th Circ. To Uphold Taxes, Penalties On Ranchers

    The U.S. Tax Court properly ruled that an Oklahoma couple owe roughly $260,000 in taxes and penalties because their ranch wasn't operated for profit as they had asserted, the IRS told the Tenth Circuit, saying they lacked a profit motive to claim deductions for their expenses.

  • November 05, 2026

    Pa. AG Held Immune In Row Over Ex-Agent's Separation Deal

    A former narcotics agent for the Pennsylvania Office of the Attorney General can't sue his ex-employer for breaking his separation agreement because breached employment contracts don't fall under the exceptions to the office's sovereign immunity, a state appellate panel regretfully concluded Thursday.

  • November 05, 2026

    Full 5th Circ. Won't Hear Challenge To Machine Gun Ban

    The Fifth Circuit has denied a petition for an en banc hearing of a challenge by a Texas shooting club to the federal ban on machine guns, with nine of the judges voting against the hearing and eight voting for.

  • November 04, 2026

    5th Circ. Orders Fresh Look At Tequila Brands' TM Confusion

    A split Fifth Circuit on Wednesday revived a trademark dispute between Mexican brand "Clase Azul" and U.S. startup "Casa Azul," finding that because the Texas district court made some errors in its underlying findings, it needs to reassess the likelihood of confusion between the two companies' marks.

  • November 04, 2026

    Investors Say Internet Letter Should Support Ill. Fraud Claims

    A securities short seller that ditched fraud claims over a letter it allegedly posted online to manipulate a stock's value urged the Seventh Circuit on Wednesday to leave its dismissal win intact, saying reversal could invite a "slippery slope" of future plaintiffs satisfying venue requirements with even less sufficient claims.

  • November 04, 2026

    1st Circ. Revives Temu Suit Against IP Atty, Citing Jurisdiction

    The First Circuit has revived Chinese e-commerce company Temu's lawsuit accusing an intellectual property attorney of lying to secure settlements with a pair of clients, finding that the lower court failed to consider jurisdictional questions.

  • November 04, 2026

    Woman Tells 11th Circ. Sexual Assault Gag Clause Is Invalid

    A woman who claimed she was sexually assaulted by her former intimate partner asked the Eleventh Circuit on Wednesday to overturn a $2.7 million judgment against her for breaching a confidential agreement with the ex-partner, arguing the question of the contract's validity is one for a jury.

  • November 04, 2026

    Justices Hear Texas Challenge Of 'Unavailable' Habeas Claim

    The Texas solicitor general urged the U.S. Supreme Court during oral arguments Wednesday to overturn a decision allowing a death row prisoner's successive habeas claim for intellectual disability under new diagnostic standards, saying the challenge did not qualify for a rare exception under the Antiterrorism and Effective Death Penalty Act of 1996.

  • November 04, 2026

    Nike Scores Quick OK For Appeal In Wash. Spam Class Action

    A Washington state judge greenlighted Nike Inc.'s bid for a quick appeal Tuesday in a case accusing the apparel giant of sending customers misleading advertising emails, clearing the way for appellate review of whether alleging violations of Washington's antispam statute automatically establishes economic injury under the state's consumer protection law.

  • November 04, 2026

    Westlaw AI Fight Warrants Full Court Review, 3rd Circ. Told

    Ross Intelligence urged the full Third Circuit to revisit a copyright decision concluding that it wasn't protected by fair use when it trained its artificial intelligence legal research platform on Thomson Reuters' Westlaw headnotes, arguing that "at every turn, the panel asked the wrong question."

  • November 04, 2026

    5th Circ. Backs 'Geek Therapy' Co. In Roleplay Game IP Battle

    The Fifth Circuit on Wednesday sided with a "geek therapy" company in a suit claiming it infringed the intellectual property rights of a role-playing game developer after their partnership soured, saying a licensing agreement allowed the company to use the content of the game.

  • November 04, 2026

    2nd Circ. Told To Not Expand Antitrust Patent Fraud Standing

    A pharmaceutical industry trade group has backed Bristol-Myers Squibb and its Celgene subsidiary in the Second Circuit, warning that health plans asking the appeals court to reinstate a proposed class action against the companies are seeking to expand who can bring antitrust cases alleging fraudulently obtained patents.

  • November 04, 2026

    Guo Daughter Says Ch. 11 Trustee Misreads Powers

    The daughter of Chinese exile Miles Guo said that the Chapter 11 trustee who controls her father's bankruptcy estate is conflating two separate sections of the Bankruptcy Code, and she again urged the U.S. Supreme Court to resolve an alleged circuit split and reverse orders that placed $23 million in yacht sale proceeds plus a $37 million escrow into her father's estate.

  • November 04, 2026

    NY Panel Tosses Challenge To Rollout Of NYC 2nd-Home Tax

    A New York state appeals court threw out a challenge lodged by homeowners to the rollout of New York City's tax on high-value second homes, saying they lacked standing to bring the suit.

  • November 04, 2026

    Wash. Justices Won't Hear Concrete Co.'s $649K Wage Appeal

    Washington's highest court declined to review a concrete company's challenge to a state agency's finding that it underpaid workers who used radar and X-ray imaging to scan concrete on a Seattle-area light rail bridge project, leaving the company on the hook for nearly $649,000 in unpaid wages and interest.

  • November 04, 2026

    Groups Ask 11th Circ. To Affirm Block Of Trump-IRS Deal

    A consumer advocacy organization and an ethics watchdog group urged the Eleventh Circuit on Wednesday to affirm a Florida federal judge's order finding President Donald Trump's $10 billion suit against the IRS and the resulting settlement deal lacked legitimate controversy, saying his suit threatens the judicial branch's integrity.

  • November 04, 2026

    Altria Tells 4th Circ. ITC Patent Cases Are Unconstitutional

    Altria has asked the Fourth Circuit to undo a district court decision allowing a patent case in the U.S. International Trade Commission brought against it by Juul to proceed, saying the Constitution dictates that private patent disputes belong in the courts.

  • November 04, 2026

    NJ Justices Skeptical Court Can Void Jersey City Sewer Pact

    The New Jersey Supreme Court appeared skeptical Wednesday that it had the authority to void a decades-old settlement agreement requiring Jersey City to pay for the water treatment costs of nine municipalities, with justices questioning whether they were being asked to overrule the state's sewage authority law.

  • November 04, 2026

    Insurers Must Face Roofer's Contract Claims, Split Panel Says

    A split North Carolina state appeals court on Wednesday revived 41 lawsuits brought by a commercial roofing contractor accusing insurers of wrongfully refusing to pay out storm damage repair claims that homeowners assigned under their policies, saying the company adequately pled valid assignments of rights.

  • November 04, 2026

    7th Circ. Probes Milwaukee Tool's Forced-Labor Liability

    Seventh Circuit judges grappled Wednesday with whether a federal anti-trafficking law allows a former Chinese prisoner to sue Milwaukee Tool over allegations it sold gloves made with forced prison labor in China, questioning the international consequences of allowing private lawsuits over foreign conduct and probing whether the company's alleged profits from that labor in the United States are sufficient to keep the case alive.

  • November 04, 2026

    Cisco Urges Justices To Reject $2.6B Centripetal Patent Case

    Cisco Systems says the U.S. Supreme Court shouldn't reinstate Centripetal Networks LLC's $2.6 billion patent infringement case, saying a lower court was correct to grant Cisco a win because Centripetal had adequate time to respond to Cisco's interpretation of the asserted patent.

  • November 04, 2026

    Full Fed. Circ. Won't Look At Inventor's Location Patents

    The full Federal Circuit on Wednesday declined to review a decision turning down an inventor's attempt to revive her computer-locating patents that were invalidated by the Patent Trial and Appeal Board after being challenged by Google and Microsoft.

  • November 04, 2026

    Tribunal Largely Backs HMRC Ax Of Port Co.'s £57M Tax Break

    The First-tier Tribunal erred in deciding that HM Revenue & Customs could not deny Liverpool's port operator tax allowances on £57.1 million ($76.9 million) spent building part of a deep-water container terminal, the Upper Tribunal found Wednesday.

  • November 04, 2026

    UK Biz Wins Fresh Look At Collagen Product's VAT Status

    A court must look again at whether a U.K. company's liquid collagen product is a drink for human consumption, and therefore a zero-rated food for value-added tax purposes, in light of an appeals court's ruling in a separate case, a London tribunal said in a decision published Wednesday.

  • November 04, 2026

    Brands Urge 5th Circ. Not To Revive X's Ad Boycott Suit

    Mars, CVS, Nestlé and other brands have told the Fifth Circuit a lower court was right to toss X Corp.'s advertising boycott case, arguing the social media platform sued only because it lost customers to competitors after being acquired by Elon Musk.

Expert Analysis

  • The Patent Circuit: Marking Duties For Licensed Tech

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    The Federal Circuit's decision in VDPP v. Volkswagen provides clarity on how the patent statute's marking provision applies to licensed technology, but expressly leaves open the question of how exactly patentees can make reasonable efforts to ensure licensees' marking compliance, say attorneys at Knobbe Martens.

  • NY Art Ruling Creates Fault Line In Cultural Property Cases

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    A recent New York state appellate decision, blocking a Holocaust victim’s heirs from using a criminal turnover order to reclaim a work the Art Institute of Chicago says it acquired legally, makes establishing ownership a newly central question in cultural property disputes, says Duncan Levin at Levin & Associates.

  • What Anthropic Security Ruling Means For Gov't Contractors

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    In light of the D.C. Circuit ruling backing the U.S. Department of Defense's decision to remove Anthropic's Claude artificial intelligence models from its supply chain, there are a few steps contractors can take in response, including assessing whether to eliminate use of Anthropic products entirely, say attorneys at Blank Rome.

  • DC Circ. Ruling Highlights Limits Of DOE Grid Orders

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    The D.C. Circuit's recent decision in Michigan v. U.S. Department of Energy, vacating a DOE order to keep a coal-burning power plant open, gives utilities more insight into the durability of federal orders premised on protecting grid security, say attorneys at ArentFox Schiff.

  • Testing AI's Promise For Large-Scale Document Review

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    Our document-review comparison of attorneys' responsiveness and issue coding decisions versus predictions generated by artificial intelligence across 1,600 documents suggests that these tools can offer a reasonable and reliable basis for improved discovery workflows, provided lawyers understand where guardrails are needed, say attorneys at Redgrave.

  • Opinion

    Colo. Climate Suit Defies Limits Of State Power

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    In Suncor Energy v. Boulder County, the U.S. Supreme Court must not allow a single Colorado county to penalize pollution occurring across the country and around the globe, because the U.S. Constitution forbids states from exercising power beyond their borders, says Michael McGinley at Dechert.

  • What's Next For Prediction Markets If States Win At High Court

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    While the Supreme Court hasn't taken up a prediction market case yet, a high court win for the states in their quest to regulate the exchanges would likely mean a wave of state legislature bills and regulatory guidance arriving on different timelines, rather than a single uniform transition, says Howard Herndon at Bradley Arant.

  • 3rd Circ. Ruling Shows ADA Limits Amid Worker Misconduct

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    In Hileman v. West Penn Allegheny Health System, the Third Circuit recently rejected a wrongful termination claim under the Americans with Disabilities Act, illustrating that disability and leave laws don't automatically insulate employees from the consequences of prior workplace misconduct, say attorneys at Bond Schoeneck.

  • AI Meeting Recaps Pose New Discovery And Privilege Risks

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    The New York City Bar Association’s recent ethics opinion, cautioning attorneys not to record nonclient conversations with artificial intelligence tools, reflects an emerging view that AI meeting recaps are now a distinct business record category, meaning counsel should set meeting-level controls and apply framework-level updates, says William Wright at Faegre Drinker.

  • Class Actions At The Circuit Courts: September Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six recent rulings involving pecuniary loss in false price comparison advertising, privity in an insurance fee class, antitrust standing, immigration class representatives, retirement beneficiary class commonality, and Rule 23(f) appeals in Fair Labor Standards Act claims.

  • Florida Condo Ruling Offers Tips For Contractor Lien Disputes

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    A recent Florida appellate decision, holding condo owners may challenge liens placed on their units, despite not being party to the underlying disputed agreement their association struck with contractors, offers lessons on lien enforcement to both contractors and condo owners, say attorneys at Adams & Reese.

  • BIA Ruling Could Make Immigration Bond A Catch-22

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    A recent Board of Immigration Appeals decision refining the way immigration judges assess flight risk, when read broadly, could create a circular rule under which a noncitizen can be treated as a flight risk because they have too few ties to the U.S., but also because they have too many, says Georgianna Pisano Goetz at the National Immigrant Justice Center.

  • 8th Circ. Ruling Raises Bar For Seeking Disability Benefits

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    The Eighth Circuit's recent ruling in Post v. Bisignano signals that claimants seeking Social Security disability benefits may need to offer convincing proof of functional restrictions beyond their treating doctors' opinions and illustrates that the court's proclaimant jurisprudence no longer prevails, says Mark DeBofsky at DeBofsky Law.

  • Series

    Playing Bid Whist Makes Me A Better Lawyer

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    As a child, I viewed bid whist as a family tradition and a source of friendly card game competition, but as a lawyer, I see it as a tool that has helped me cultivate skills like communication, teamwork, risk assessment and composure, says Keyonn Pope at Riley Safer.

  • Teva, Wyeth Show How Claimed Advances Shape Enablement

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    Two recent Federal Circuit decisions involving method-of-treatment claims — Teva v. Eli Lilly and Wyeth v. AstraZeneca — reached opposite enablement outcomes from strikingly similar procedural postures, but a closer comparison of the cases reveals a three-step framework for understanding the court's reasoning, says Kendall Gurule at Polsinelli.

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