Appellate

  • October 28, 2026

    Wood Smith Beats Suit Over Nixed Atty Defamation Claims

    Wood Smith Henning & Berman LLP has escaped a malpractice suit stemming from an allegedly improperly drafted settlement agreement in an employment dispute, with a California appeals court finding that the agreement did not shield an opposing attorney from an ex-Wood Smith client's defamation claims.

  • October 28, 2026

    4th Circ. Judge Wary Of NC Abortion Drug Law Challenge

    A Fourth Circuit judge on Wednesday sharply questioned the attorney for a physician challenging North Carolina restrictions on the abortion medication mifepristone, citing case law he said treats federal rules as a "floor and not a ceiling" on what states can require.

  • October 28, 2026

    5th Circ. Backs Liberty Mutual Unit In Pileup Coverage Dispute

    A Liberty Mutual unit owes no coverage to contractors for a Texas interstate construction project who are facing lawsuits over a fatal 130-vehicle pileup caused by a historic winter storm, the Fifth Circuit said, finding that the suits did not allege bodily injury arising out of the contractors' work.

  • October 28, 2026

    NY Judges Question Court Agency's Withholding Of Records

    Two judges on a New York state appeals court panel pushed back on arguments by the state's Office of Court Administration that no reports related to investigations of court personnel can be considered final under the state Freedom of Information Law until all proceedings have concluded.

  • October 28, 2026

    5th Circ. Bars Immunity In Texas A&M Wage Retaliation Suit

    Government officials can't use a special legal protection to escape lawsuits accusing them of punishing workers who complain about their pay, the Fifth Circuit found, allowing a former Texas A&M University adviser to pursue her claim that her supervisor fired her over a paycheck dispute.

  • October 27, 2026

    Feds Face Uphill Climb To Set Aside 20K Ballots In Calif.

    A California federal judge indicated Tuesday he'll deny the Trump administration's request for an order requiring California to set aside mail-in ballots for some 20,000 voters the federal government says are "likely" noncitizens, noting that the government can prosecute any illegal voters before California's Dec. 3 ballot cure deadline.

  • October 27, 2026

    At 4th Circ., DOJ Admits But Downplays Goldstein Trial Errors

    The U.S. Department of Justice late Tuesday acknowledged that it confused key statutory terms related to jury instructions at famed appellate advocate Tom Goldstein's criminal trial, while also insisting "the government's mistake here was understandable" and shouldn't upend a jury's guilty verdict.

  • October 27, 2026

    11th Circ. Says Justices' Ruling Unravels Sentence Reduction

    An Eleventh Circuit panel on Tuesday reversed a Florida federal judge's decision to reduce on compassionate-release grounds the 39-year sentence of a man convicted of robbing drug dealers, citing the U.S. Supreme Court's recent opinion in a similar case, Rutherford v. U.S.

  • October 27, 2026

    3 Federal Circuit Clashes To Watch In November

    A high-stakes case that will determine whether the U.S. government should face patent infringement claims over Moderna's COVID-19 vaccines and Labcorp's appeal of a nine-figure patent verdict against it are among the arguments the Federal Circuit will hear in November.

  • October 27, 2026

    10th Circ. Backs Trooper Killer's Violent Crime Charge

    The Tenth Circuit ruled that a man convicted of killing an Oklahoma state trooper nearly 30 years ago cannot have a portion of his conviction dropped, finding Tuesday that under federal law, killing a law enforcement officer in furtherance of a drug offense meets the definition of a crime of violence. 

  • October 27, 2026

    Permit Bill Speeds Up Project Fights With Appeals Court Push

    U.S. Senate permitting legislation could reduce courtroom time for energy project developers by funneling more lawsuits challenging federal agency decisions directly to appeals courts, though attorneys caution that it isn't necessarily a silver bullet for faster litigation results.

  • October 27, 2026

    Texas Appeals Court Weighs Mootness In Uri Victims Appeal

    A Texas appeals court wanted to know if an appeal before them concerning thousands of victims of a deadly winter storm was moot, pressing Tuesday for counsel to explain what the court should do with a finding by an MDL court that the victim's expert witness was inadmissible.

  • October 27, 2026

    Ga. Panel Lets Lyft Escape Liability In Driver Assault Suit

    A Georgia appellate court ruled Tuesday that Lyft was properly dismissed from a suit by a passenger who was badly beaten by his driver, ruling that reports of unsafe driving and suspected drug or alcohol use did not make the driver's violent assault reasonably foreseeable.

  • October 27, 2026

    5-Hour Energy Sellers Ask 9th Circ. To Revive Antitrust Fight

    Family-owned wholesalers urged the Ninth Circuit to revive antitrust claims Tuesday alleging 5-Hour Energy violated price discrimination law by providing Costco with disproportionate promotional support, arguing the court wrongly applied an "extremely narrow view of antitrust injury."

  • October 27, 2026

    CrowdStrike Wants Fed. Circ. To Ship Patent Case To Calif.

    Cybersecurity company CrowdStrike wants the Federal Circuit to force a Texas federal judge to send a suit accusing it of infringing a series of patents owned by an arm of Arizona State University to California.

  • 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.

Expert Analysis

  • What $5.7B Apple Verdict Reveals About Patent Risk

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    A California federal jury's recent $5.7 billion damages verdict against Apple exemplifies the enormous financial exposure that can occur when patent-infringing features are incorporated into many units, though the outcome is ultimately dependent on the strength of the underlying infringement, validity and damages theories, says Michael Dorfman at Barclay Damon.

  • Dissecting Dodd's, Gensler's Prediction Market Amicus Briefs

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    Former Sen. Chris Dodd and former U.S. Commodity Futures Trading Commission Chairman Gary Gensler's recent amicus briefs in support of New Jersey's petition for U.S. Supreme Court review of Kalshi v. Flaherty draw on legislative history to counter the CFTC's claim of federal preemption over the prediction markets, says Trace Schmeltz at Steptoe.

  • What Colo. High Court Will Weigh In Insurer Disclosure Case

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    In Bohanan v. Esurance, the Colorado Supreme Court will decide whether an insurance policy must be produced to a claimant notwithstanding the insurer's coverage position, and the court's interpretation of what "may be relevant to the claim," in the statute, will be paramount, say attorneys at Burg Simpson.

  • 6th Circ. Spotlights Cannabis Contract Enforceability Risks

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    The Sixth Circuit's recent reversal of a $31.8 million jury verdict against a subsidiary of cannabis giant Curaleaf highlights that state licenses do not necessarily provide the legal foundation needed to enforce contracts in federal court, which is a pattern that appears across many sectors, say attorneys at ArentFox Schiff.

  • Preventing HOA Bias After Wash. Ruling Highlights Risk

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    Because homeowners nationwide can now draw on precedent from a recent Washington state appellate decision holding that state antidiscrimination law forbids homeowners associations from biased enforcement of their rules, common-interest communities should immediately work to mitigate their expanded exposure to postsale fair housing liability, says Brett Sullivan at Fennemore.

  • 2nd Circ. Eases Employer Defense Of Dress Code Rules

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    The Second Circuit recently sided with Starbucks in a ruling that makes it easier for companies to defend dress code policies against unfair labor practice challenges, but employers shouldn't read it as a license to ban union insignia, say attorneys at Shipman & Goodwin.

  • 5 Prediction Market Queries For Every League, Athletic Dept.

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    The NFL's recent amicus brief urging the U.S. Supreme Court to resolve a circuit split over regulating prediction markets and operators like Kalshi raises important, enterprisewide governance questions for leagues, teams and athletic departments, and highlights that regulatory oversight and institutional integrity are related but distinct, say attorneys at Robins Kaplan.

  • Tips For Employers As Calif. Court Limits Harassment Liability

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    Doe v. Wells Fargo appears to be the first published California appellate decision to determine that the harasser must have supervisory authority over the plaintiff to trigger strict liability, underscoring the value of accurately documenting job roles and reporting lines, says Ellen Connelly Cohen at Call & Jensen.

  • What CMS Audit Rule Means For Medicare Advantage Plans

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    Despite ongoing legal challenges, the Centers for Medicare & Medicaid Services is moving forward with implementation of its risk adjustment data validation audits, raising statistical concerns around overpayments indicated by variance in unbalanced samples, say Stephen Fink, Brad Rice and Igor Karagodsky at Analysis Group.

  • SEC's Insider Trading Duty Rule May Face Loper Bright Test

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    In U.S. v. Jennings, pending in New Jersey federal court, the defense has an opportunity to challenge the rule defining the boundaries of the misappropriation theory of insider trading under Loper Bright, as the only litigated case testing the rule's limits relied on Chevron deference, say attorneys at O'Melveny.

  • What's At Stake As Justices Rethink Sentencing Commentary

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    Tuesday’s oral arguments before the U.S. Supreme Court in Beaird v. U.S. highlighted the tension between preserving sentencing consistency and limiting the authority of sentencing guidelines commentary, and a decision favoring the latter could significantly reduce sentencing exposure for white collar defendants, say attorneys at Baker Donelson.

  • Bankruptcy Deadlines, Concessions Can Decide Lien Priority

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    The Fifth Circuit's recent decision in Adler v. Energy Debt Holdings warns buyers of secured claims to watch for binding concessions in earlier proceedings and court-imposed lien challenge deadlines, says Jennifer Maleski at Dilworth Paxson.

  • What Lawyers Should Know Before Accepting Crypto Payment

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    As clients increasingly request to pay legal fees, retainers and escrow funds using cryptocurrency, lawyers should consider how only a handful of state bar authorities have addressed the issue with varying ethics opinions, as well as the related questions that no authority has yet answered, says attorney Felix Shipkevich.

  • Battles Over Murky Mineral Rights Stymie Pa. Energy Projects

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    Legal wrangling over a recently passed Pennsylvania law could affect billions of dollars of mineral royalty payments, the status of subsurface property rights in the state and the ability of the Legislature to pass retroactive legislation that affects those rights, say attorneys at Flaster Greenberg.

  • Mo. Official's Indictment Tests Limits Of Federal Bribery Laws

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    The recent bribery charges filed against a Missouri county executive raise questions about whether field-clearing conversations and job offers between rival candidates can rise to the level of illegal quid pro quos, potentially muddying the line between politics as usual and the federal bribery statutes, say attorneys at ArentFox Schiff.

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