Appellate

  • August 26, 2026

    Fla. Panel Lets Law Firm Appeal Bid For Doc's Income Files

    Florida's Third District Court of Appeal on Wednesday granted a petition for a writ of certiorari to the Law Offices of Adorno-Cunill & Damas PL in a malpractice case brought against it resulting from a divorce proceeding.

  • August 26, 2026

    7th Circ. Holds High Court Ruling Supports Ark. PBM Rule

    The Seventh Circuit refused Wednesday to revive a union fund's challenge to an Arkansas rule making health plans disclose pharmacy compensation and pay fees, backing a lower court's holding that the rule was in line with a 2020 U.S. Supreme Court ruling that permitted state cost regulations on pharmacy benefit managers.

  • August 26, 2026

    Ohio Justices Say Guilty Plea Needn't Be Fully Explained

    The Ohio Supreme Court on Wednesday ruled courts can presume a criminal defendant understands pleading guilty means a complete admission of guilt, even if the judge does not explicitly tell the defendant so, unless the defendant asserts his actual innocence.

  • August 26, 2026

    Samsung, Apple Warn Against Google Payment Ban

    Samsung and Apple told the D.C. Circuit that they are backing he district court's decision to reject a proposed ban on Google's payments to device distributors, with Samsung saying the ban would deprive it of the revenue it needs to help fund research and development in its mobile business unit and Apple saying it would only benefit Google at the expense of customers and third parties. 

  • August 26, 2026

    Mich. Appeals Court Upholds Probate Judge Candidate DQ

    A candidate hopeful for Wayne Probate Court judge will not appear on the ballot in November after a Michigan Court of Appeals panel on Tuesday affirmed a lower court's decision that her nominating petitions did not have enough signatures to garner her certification.

  • August 26, 2026

    Apple Seeks Win In Biometric Privacy Case, Citing 7th Circ.

    A recent Seventh Circuit decision affirming Samsung's win in a biometric privacy suit means Apple should prevail over similar claims, the tech giant has told an Illinois federal judge, arguing for summary judgment in a class action alleging that Apple's Photos app collects users' faceprints without permission.

  • August 26, 2026

    Trucking Groups Urge Full 5th Circ. To Mull Penske Liability

    Trucking industry groups contend the Fifth Circuit unjustifiably expanded liability for upstream motor carriers when it recently held that trucking services giant Penske Logistics LLC could be held vicariously liable for a fatal 2018 Texas collision caused by a motor carrier that Penske knew nothing about.

  • August 26, 2026

    Translation Co. Wants Quick Appeal Of PAGA Timing Ruling

    A translation services company asked a California federal judge to let it immediately appeal a ruling that kept alive a former worker's Private Attorneys General Act claim based on an alleged wage-statement violation, saying the dispute presents a novel question over when such claims accrue.

  • August 26, 2026

    Feds Urge 6th Circ. To Affirm $100M DTE Clean Air Act Penalty

    Several DTE Energy Co. entities should not be allowed to escape a $100 million civil penalty a Michigan federal judge imposed for Clean Air Act violations at a coke production facility near Detroit, the U.S. Department of Justice has told the Sixth Circuit.

  • August 26, 2026

    Prosecutors Say Goldstein Must Stay Behind Bars

    Federal prosecutors told the Fourth Circuit on Tuesday to keep convicted Supreme Court attorney Thomas Goldstein behind bars while he appeals his conviction, arguing that he remains a serious flight risk with wealthy overseas connections and "an ongoing danger" whose tax crimes continued "even after conviction."

  • August 26, 2026

    10th Circ. Says Missing Testimony Didn't Violate Rights

    The Tenth Circuit on Tuesday affirmed an Oklahoma man's murder and firearm convictions, concluding that allowing jurors to hear a missing witness's prior testimony did not violate his Sixth Amendment confrontation rights because the government made reasonable, good-faith efforts to find the witness.

  • August 26, 2026

    Fla. Firm Must Face Fiduciary Breach Suit Over Property Deal

    A Florida state appeals court on Wednesday reversed an order dismissing a lawsuit brought by a property company alleging that Hoffman Larin & Agnetti PA and one of its attorneys aided and abetted a breach of fiduciary duty while representing a third party claiming an interest in a property owned by the company.

  • August 26, 2026

    BIA Says Final Removal Order Limits Immigrant Custody Review

    The Board of Immigration Appeals said Tuesday that an immigration judge erred in ordering the release on bond of a noncitizen subject to a final removal order after the government continued to detain her, finding the judge lacked jurisdiction.

  • August 26, 2026

    Rising Star: Davis Polk's Masha Hansford

    Masha G. Hansford scored a U.S. Supreme Court victory centering on disparate bankruptcy fees and argued a complicated case involving Venezuelan bonds at the Second Circuit, earning her a spot among the appellate law practitioners under age 40 honored by Law360 as Rising Stars.

  • August 26, 2026

    3rd Circ. Says McIver Lacks Immunity In ICE Assault Case

    A panel of Third Circuit judges on Wednesday rejected claims from Rep. LaMonica McIver, D-N.J., that her congressional role protects her against criminal charges alleging she forcibly interfered with and obstructed federal officers at an immigration detention facility.

  • August 26, 2026

    MyPillow CEO Lindell Appeals Smartmatic Sanctions Order

    MyPillow CEO Mike Lindell has appealed a D.C. federal judge's sanctions order against him for filing what the court said were "frivolous" third-party claims and counterclaims against election systems company Smartmatic.

  • August 25, 2026

    4th Circ. Blocks FCC Campaign Ad Pricing Guidance

    While political candidates are entitled to the lowest advertising rate radio and television stations can charge, political parties and joint fundraising committees with noncandidate members are not, a split Fourth Circuit ruled Tuesday, wiping out recent Federal Communications Commission guidance.

  • August 25, 2026

    Calif. Law Requiring Cop ID Can't Apply To Feds, 9th Circ. Told

    The Trump administration urged the Ninth Circuit during oral arguments Tuesday to find that a section of California law requiring law enforcement officers to visibly display identification can't apply to federal officers, saying "nothing has changed" since the court blocked that section under the Supremacy Clause pending this appeal.

  • August 25, 2026

    9th Circ. Panel Largely Upholds Block On Feds' Grant Terms

    A divided Ninth Circuit panel Tuesday mostly upheld an injunction blocking the Trump administration from imposing new grant restrictions on transportation and housing funding for dozens of local governments, concluding federal agencies likely overstepped their authority by barring the money from being used to promote "gender ideology" or "illegal immigration."

  • August 25, 2026

    11th Circ. Says 'Polite' Bank Robbery Notes Still Imply Threats

    A Florida man who said "please" and "good morning" to bank and credit union tellers in notes demanding cash can still be charged with robbery involving intimidation, because of an implication of potential violence if the notes were not followed, the Eleventh Circuit ruled.

  • August 25, 2026

    DC Circ. Won't Revive Standard General's FCC Bias Suit

    The D.C. Circuit does not believe that the Federal Communications Commission took part in a racist conspiracy to kill Standard General hedge fund manager Soo Kim's $8.6 billion merger with broadcaster Tegna and has affirmed the dismissal of his lawsuit claiming such.

  • August 25, 2026

    Airport Terminals Co. Wants DC Circ. To Revive Contracts Suit

    A California-based company that builds and operates private luxury airport terminals is appealing the dismissal of its suit in a District of Columbia federal court against the Metropolitan Washington Airports Authority, which was accused of deliberately trying to avoid awarding the company airport terminal construction contracts.

  • August 25, 2026

    NRDC Says EPA Let Cleveland Polluters Dodge Smog Cuts

    The Natural Resources Defense Council on Tuesday asked the Sixth Circuit to review the U.S. Environmental Protection Agency's approval of a plan Ohio submitted for smog pollution in the Cleveland area, and accused the agency of giving a "free pass" to major polluters.

  • August 25, 2026

    Tesla Can't Avoid Revival Of Home Fire Suit, Calif. Panel Says

    A California appeals panel has ruled that a Los Angeles judge properly revived a suit accusing a Tesla employee of causing a house fire during an equipment installation, saying plaintiff's counsel's trial tardiness was caused by "excusable neglect."

  • August 25, 2026

    FERC Beats Environmental Challenge To La. LNG Terminal

    The D.C. Circuit on Tuesday upheld the Federal Energy Regulatory Commission's approval of a liquefied natural gas export terminal in Louisiana, saying environmental groups challenging the decision failed to show the project was not in the public's best interest.

Expert Analysis

  • Series

    Going To Hardcore Shows Makes Me A Better Lawyer

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    While government contracts law and the hardcore scene may seem entirely unrelated, in my experience, both are about community, focus, being prepared for the unexpected and managing chaos, says Isaac Natter at Fluet.

  • 9th Circ. Ruling Exposes A Flaw In Federal Trade Secrets Law

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    The Ninth Circuit's recent decision in Comet Technologies v. XP Power, addressing a difference between the federal Defend Trade Secrets Act and California's Uniform Trade Secrets Act, shows why the DTSA's requirement that claimed trade secrets not be readily ascertainable is inherently problematic, say attorneys at Buchalter.

  • Opinion

    Birthright Citizenship Dissents Belie Originalist Interpretation

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    The three dissents in the U.S. Supreme Court's recent birthright citizenship decision clashed with originalist readings of the Constitution, applying the 14th Amendment more narrowly than its drafters, and by applying contemporary and living document approaches to constitutional interpretation, says Ediberto Roman at Florida International University.

  • Navigating The Limits Of Calif. Justices' Public Pension Ruling

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    Despite the California Supreme Court's recent holding that counties and cities wield discretion over classification and salary decisions for their public retirement board staff, it is important to remember that such authority is not unchecked as unreasonable rejections remain subject to judicial review, say attorneys at Reed Smith.

  • 3 Rulings Show High Court's Transnational Litigation Stance

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    The U.S. Supreme Court's most recent term closed with three consequential decisions for transnational litigation that illustrate the court's readiness to enforce a Congress-created cause of action for overseas conduct and unwillingness to create this liability itself, say attorneys at WilmerHale.

  • Del. High Court Ruling Signals Next Post-Jarkesy Phase

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    The Delaware Supreme Court recently ruled in Swan Energy v. Investor Protection Unit that the jury trial principles underlying the U.S. Supreme Court’s Jarkesy opinion do not compel the same result under the state's constitution, offering state courts a road map for the next phase of administrative enforcement litigation, says Benjamin Lajoie at Nelson Mullins.

  • How 'Settled Expectations' Affect Amazon's Patent Program

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    Whether the U.S. Supreme Court decides to weigh in on the U.S. Patent and Trademark Office's "settled expectations" framework could have significant consequences for how patent owners and accused sellers approach disputes in Amazon's patent evaluation process, says Barry Greenbaum at Olshan Frome.

  • Fla. Justices Give Trial Judges More Dismissal Discretion

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    The Florida Supreme Court's recent decision in Publix Supermarkets Inc. v. Goga confirmed that appellate courts should not apply a heightened standard when reviewing severe sanctions for fraud on the court, granting greater deference to trial courts, says Brent Hartman at RumbergerKirk.

  • Opinion

    2nd Circ. Tylenol Ruling Misapplies Daubert Gatekeeping

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    The Second Circuit's recent ruling in Rutledge v. Walgreen Co., holding that a lower court should not have excluded experts alleging links between prenatal acetaminophen use and autism, threatens to swallow the Daubert standard by limiting courts' consideration of scientific consensus in assessing reliability of expert testimony, say attorneys at Benesch.

  • Limiting Employer Risk If Calif. Case Upends Time Rounding

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    The California Supreme Court's holdings in recent years suggest that it may tighten the rules for — or even eliminate — time clock rounding when it decides Camp v. Home Depot, so employers should consider taking preemptive steps to guard against large potential liability, says Jacqueline Crispino at the Jhaveri-Weeks Firm.

  • AG Watch: Va. Auto Renewal Law Clears Enforcement Path

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    The most consequential aspect of recent amendments to Virginia's automatic renewal law is the enforcement authority it creates, giving the attorney general a clear statutory pathway to pursue cases involving subscription-related compliance failures under the Virginia Consumer Protection Act, says Chuck Slemp at Cozen O'Connor.

  • 4th Circ. Boeing Class Cert. Ruling May Have Limited Reach

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    While the Fourth Circuit's recent decision to reverse class certification against Boeing appears to potentially create a circuit split or heighten the standards for achieving class certification, that conclusion overlooks the decision's very specific circumstances, and its impact will likely be limited outside the circuit, say attorneys at Bleichmar Fonti.

  • Fed. Circ.'s Shaping Of Tech Patent Doctrine Resembles EPO's

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    The Federal Circuit's recent decision in Ceiva v. Amazon crystallizes an informal U.S. heuristic, "a technological solution to a technological problem," rewarding emphasis of a traceable chain from a problem to a solution — a lesson similar to the European Patent Office's "technical character" terminology, says Brandon Theiss at AddyHart.

  • Opinion

    After Monsanto, Defense Bar Must Build Case Against Lohr

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    The U.S. Supreme Court's recent decision in Monsanto v. Durnell has helped to demolish the foundation for its problematic 1996 ruling in Medtronic v. Lohr — so now defense counsel should lay the groundwork for the high court to overturn Lohr, say attorneys at Blank Rome.

  • Justices' FTC Ruling Weakens Qui Tam's Constitutional Base

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    The U.S. Supreme Court’s holding in Trump v. Slaughter, expanding presidential control over those exercising executive power, suggests that courts may be receptive to arguments challenging the constitutional foundations of the False Claims Act’s qui tam mechanism, says Daniel Passeser at Wiggin.

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