Appellate

  • October 22, 2026

    Reed Smith Seeks 2nd Circ. Emergency Stay In Eletson Row

    Reed Smith urged the Second Circuit in an emergency motion to pause lower court decisions requiring the firm to turn over client files related to shipping company Eletson, saying the courts have "presumed the outcome" of a bankruptcy appeal before scheduled December oral arguments.

  • October 22, 2026

    Investor Says $68M Bulgaria Award Can't Be Nixed

    A renewable energy investor asked the D.C. Circuit to enforce a €61 million ($68 million) arbitral award it won from Bulgaria, arguing Bulgaria's accession to the European Union did not render the treaty under which that award was granted inapplicable.

  • October 22, 2026

    States Ask DC Circ. To Ban Google From Paying To Be Default

    If the D.C. Circuit doesn't ban Google from paying to be the default search engine on people's cellphones after it was found to have illegally maintained a monopoly, state enforcers say the tech titan will remain "free to buy tomorrow's defaults with the fruits of yesterday's anticompetitive conduct."

  • October 22, 2026

    Colo. Justices Skeptical Of Facility's COVID-Tied Coverage Bid

    Colorado justices expressed skepticism Thursday toward a retirement facility owner's bid for the high court to find it's owed coverage for physical damage losses sustained early in the pandemic, pressing counsel on what physical injury COVID-19 caused to the facility's property.

  • October 22, 2026

    6th Circ. Says Gang Member Can't Nix Group Chat Warrant

    The Sixth Circuit has ruled that a man convicted for his role in a gang kidnapping did not have a reasonable expectation of privacy in an Instagram group chat log seized from another street gang member, so he could not challenge search warrants for other members' social media accounts.

  • October 22, 2026

    Aeropostale Shopper Can Amend Discount Suit, 9th Circ. Says

    A divided Ninth Circuit panel gave an Aeropostale customer another chance to lay out her claim that the clothing brand's allegedly false discount scheme violated Washington state law, ruling in an unpublished opinion Wednesday that the customer can amend her complaint that she paid too much for a pair of leggings.

  • October 22, 2026

    X Wins Reversal Of $8.3M Boulder Office Rent Judgment

    A Colorado Court of Appeals panel unanimously reversed an $8.3 million judgment against social media company X Corp. in favor of its former landlord after the panel found Thursday that the lower court incorrectly interpreted a contract provision outlining the distribution of a nearly $5.8 million tenant improvement allowance.

  • October 22, 2026

    Roundup MDL Atty Fund 'Cries Out' For Review, 9th Circ. Told

    Plaintiffs' firms urged the Ninth Circuit to reverse a ruling Thursday requiring them to contribute 8% of their recovery fees to a common benefit fund in multidistrict litigation over Monsanto's Roundup weed killer, arguing the judge ignored a special master's recommendation and the issue "cries out for some appellate supervision."

  • October 22, 2026

    Conn. Justices Seek To Define 'In Custody' For Habeas Cases

    The Connecticut Supreme Court wrestled Thursday with the definition of the term "in custody" for purposes of habeas jurisdiction, with multiple justices asking the state to clarify when a person's liberty has been restricted enough that a judge can hear his or her claims for relief.

  • October 22, 2026

    BNSF Can Keep Trial Win In Worker Injury Suit, Panel Says

    A Missouri appellate court on Wednesday affirmed a defense verdict for BNSF in an injury lawsuit accusing the railroad of causing a worker's injury through negligence, saying certain jury instructions were not improper.

  • October 22, 2026

    Voltage Can't Keep Shoals ITC Appeal Alive At Fed. Circ.

    The Federal Circuit on Thursday allowed Shoals Technologies Group LLC to drop its appeal of a U.S. International Trade Commission decision that Voltage LLC didn't infringe its solar power patent after prevailing in another case, even though Voltage opposed the dismissal request.

  • October 22, 2026

    9th Circ. Affirms Verdict Clearing Shyamalan Of Infringement

    The Ninth Circuit on Thursday upheld a jury's decision clearing Apple Inc. and filmmaker M. Night Shyamalan of allegations that they stole an independent filmmaker's work for the Apple TV show "Servant," rejecting arguments of improper jury instructions.

  • October 22, 2026

    6th Circ. Weighs Ford's $13M Trade Secrets Verdict

    A panel of the Sixth Circuit on Thursday questioned whether Ford should have to surrender $13.2 million in profits from a vehicle interface module after a jury found the automaker misappropriated a supplier's trade secrets, pressing attorneys on whether the award improperly included profits generated by features unrelated to the disputed technology.

  • October 22, 2026

    6th Circ. Backs Insurance Co. In Shipwreck Benefits Fight

    The Sixth Circuit backed an insurance company's win in a dispute over prejudgment interest connected to life insurance proceeds from an individual who disappeared after his fishing vessel shipwrecked off the Florida coast, holding a lower court properly denied an estate-side request for relief in the case.

  • October 22, 2026

    Mushroom Farm Arbitration Stance Perplexes Wash. Justices

    Washington Supreme Court justices struggled Thursday with a mushroom grower's argument that a lower court correctly forced workers to arbitrate claims that they were wrongfully terminated for organizing, questioning whether the farm's change in ownership just before the firings had any bearing on the disputed arbitration clause.

  • October 22, 2026

    Full 9th Circ. Won't Review Surgical Robot Antitrust Fight

    The full Ninth Circuit declined to reconsider an appellate panel's recent decision reviving a surgical repair company's antitrust suit alleging Intuitive Surgical blocked third parties from supplying parts for its popular da Vinci surgery robot, according to an order issued Thursday.

  • October 22, 2026

    J&J Says Justices' Denial Backs Tossing Fee Suit At 3rd Circ.

    Johnson & Johnson told the Third Circuit Thursday that the U.S. Supreme Court's recent decision not to take up a group of executives' federal benefits dispute backed its position in an appeal from J&J workers who alleged their health plans were saddled with excessive prescription drug fees.

  • October 22, 2026

    Fla. High Court Clarifies Proof Rule In ICWA Custody Cases

    The Florida Supreme Court on Thursday upheld a decision terminating a mother's custody of her Native American daughter, ruling in an opinion that lower courts don't have to use an evidence standard under the federal Indian Child Welfare Act in parental rights cases. 

  • October 22, 2026

    Zurich Gets 11th Circ. To Shrink Solar Co.'s Coverage Win

    Zurich American Insurance convinced the Eleventh Circuit on Thursday to narrow First Solar Electric LLC's $12.2 million jury win in a coverage dispute over rain damage, but the appeals court backed the bulk of damages awarded to the Georgia solar farm.

  • October 22, 2026

    FTC's Meador Questions 'Reliance' On Hovenkamp Treatise

    Federal Trade Commission member Mark Meador vouched Thursday for an "aggregation" theory of antitrust violations that can combine conduct that may not be anticompetitive individually, in a Houston speech that also took direct aim at a foundational academic treatise of modern competition law.

  • October 22, 2026

    NJ Panel Lets Nursing Home Arbitrate Resident Death Suit

    A New Jersey state appeals court on Thursday declined to disturb an order forcing a widow to arbitrate medical negligence and wrongful death claims against a nursing home, agreeing it didn't waive its right to arbitration by participating in litigation for over a year.

  • October 22, 2026

    Fla. Justices Say Presuit Notice Requirement Isn't Retroactive

    A Florida statute requiring policyholders to notify state regulators before filing suit against an insurer does not apply retroactively to policies purchased before the law went into effect, the Florida Supreme Court ruled Thursday.

  • October 22, 2026

    Tribe Says Low Crossings Undercut Border Wall Argument

    The Tohono O'odham Nation is renewing its push for the D.C. Circuit to do what a district judge refused and block border wall construction through its Arizona reservation pending the tribe's appeal, arguing that a brief pause in construction would pose little risk with border crossings at record lows.

  • October 22, 2026

    10x Genomics Ends Patent Fight Against Parse In Delaware

    10x Genomics has told a Delaware federal judge it will no longer pursue a patent case against Parse Biosciences Inc. over methods of analyzing genetic information, a move following the Federal Circuit's refusal to revive the remaining three patents-at-issue.

  • October 22, 2026

    NC Gov. Hauls Election Board Appointment Fight To Top Court

    North Carolina Gov. Josh Stein is taking a constitutional challenge over who has the authority to appoint members to the state and county election boards to the state's highest court, asking the justices to decide whether legislators lawfully transferred that power from his office to the state auditor.

Expert Analysis

  • Justices' Hikma Reasoning May Extend Well Beyond Pharma

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    The active steps framework announced by the U.S. Supreme Court in its Hikma v. Amarin decision, finding that Amarin failed to plausibly allege inducement of infringement, has the potential to reshape how courts evaluate inducement claims across patent, copyright and other doctrines, say attorneys at BCLP.

  • 10th Circ. Ruling Propels Emerging 'Occurrence' Consensus

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    The Tenth Circuit recently revived the Church of Jesus Christ of Latter-day Saints' bid for insurance coverage in a sexual abuse case, continuing a trend as the second circuit court to find that, where ambiguous, the definition of "occurrence" must be interpreted in favor of coverage, say attorneys at Anderson Kill.

  • The State Of Prediction Market Litigation After 9th Circ. Ruling

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    The Ninth Circuit's recent decision in Kalshi v. Assad gives state regulators significant appellate backing to enforce state gaming laws over prediction markets, creating a direct split with the Third Circuit that will likely lead to Supreme Court review of the question, say attorneys at Arnold & Porter.

  • 11th Circ. FCA Qui Tam Revival Queues Up Next Challenges

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    Though the Eleventh Circuit on Sept. 1 upheld the constitutionality of the False Claims Act's qui tam provision, it will probably face continued litigation since the appellate court declined to rule on other constitutional challenges and the decision will likely be petitioned to the U.S. Supreme Court, say attorneys at Sheppard.

  • Series

    Ballet Makes Me A Better Lawyer

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    A lifetime of learning and performing ballet taught me that success — whether in dance or practicing law — comes only through hours of thorough preparation, boundless energy and relentless effort, says Sharon Katz-Pearlman at Greenberg Traurig.

  • Rejection Of NLRB Successor Bar Renews An Employer Tool

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    Although the D.C. Circuit's recent ruling in Hospital Menonita v. National Labor Relations Board does not allow purchasers to disregard incumbent unions, employers acquiring a unionized business have regained a tool to challenge a union's majority support, say attorneys at Bass Berry.

  • NY Ethics Opinion Warns Attys On Qui Tam Deception

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    A recent New York State Bar Association ethics opinion cautions that counsel representing whistleblowers may not induce, supervise or facilitate a client's deceptive prefiling investigations, creating a potential vulnerability for qui tam complaints built on questionable evidence-gathering methods, say attorneys at Sidley.

  • Pa. Anti-SLAPP Ruling Shows Risks Of Atty Defamation Suits

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    A Pennsylvania federal court’s recent Lento Law Group v. Estrada ruling addressed an unsettled question about mandatory fee-shifting provisions in the state’s anti-SLAPP law — and illustrates why attorneys should think twice before suing former clients over negative online reviews, say attorneys at Pietragallo Gordon.

  • 9th Circ. 'Bad Spaniels' Ruling Rewrites TM Dilution Playbook

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    The Ninth Circuit’s recent ruling that each element of the Jack Daniel's packaging parodied by the Bad Spaniels dog toy must be independently assessed for fame narrows trademark owners' ability to use a flagship mark's halo effect to protect the entire brand from tarnishment, say attorneys at Reed Smith.

  • Fed. Circ. In July: Meeting The Enablement Requirement

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    The Federal Circuit's decision in Wyeth v. AstraZeneca last month exemplifies when a generalized conception of an invention is insufficient to enable the full scope of asserted patent infringement claims, and may lead to more enablement challenges, say attorneys at Knobbe Martens.

  • Calif. Ruling Opens Del. Cos. Up To Stockholder Inspection

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    A California appellate court's recent decision in Salamon v. Orchid Global underscores that despite last year's amendments to the Delaware General Corporation Law, Delaware companies with principal operations in California remain subject to California's broader and more stockholder-protective inspection regime, say attorneys at Sheppard.

  • What 9th Circ. Devas Ruling Means For AI Infrastructure Deals

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    The Ninth Circuit's recent confirmation of a $2 billion arbitration award in Devas Multimedia's arbitration against a state-owned commercial arm of India’s space agency creates a cross-border enforcement road map for disputes that are bound to arise from the current generation of artificial intelligence infrastructure deals, says Fernanda Merouco at Davis Wright.

  • 9th Circ. Wage Ruling Shows Arbitration Pacts Are Still Useful

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    After years of uncertainty for California employers, the Ninth Circuit’s recent Cocom v. ABM Aviation decision signals that workplace arbitration agreements remain a powerful and enforceable tool — if thoughtfully drafted and employment-focused, says Benjamin Runge at Thompson Coburn.

  • Series

    Taekwondo Makes Me A Better Lawyer

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    Taekwondo has taught me to recognize when to fight for a position and when to focus on finding a solution, and that the best outcomes are often achieved by solving problems — all of which has improved my work as a bankruptcy lawyer, mediator and Subchapter V trustee, says Amy Denton Mayer at Berger Singerman.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses seven recent rulings from cases involving Class Action Fairness Act jurisdiction, appellate jurisdiction, attorney fees and employment rights.

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