Appellate

  • September 14, 2026

    Calif. Panel Vacates Murder Conviction Of Pursuit Passenger

    A California appeals court has vacated the felony murder conviction of a passenger in a fatal police-pursuit crash, saying he was ineligible for the charge after a change in state law.

  • September 14, 2026

    Aetna Tells 5th Circ. DOL Can't Block Aramark Suit Arbitration

    Aetna Life Insurance Co. urged the Fifth Circuit on Monday against the U.S. Department of Labor's argument that uniform company Aramark Services Inc.'s health claims dispute with the insurer should remain in court, arguing a Texas judge erred in declining to enforce the parties' binding arbitration agreement.

  • September 14, 2026

    Mich. Justices Keep Judge Off Ballot, But 2 Urge Law Change

    The Michigan Supreme Court has declined to hear a Kalamazoo, Michigan, district court judge's challenge to her removal from the November ballot over an inaccurate affidavit of identity, leaving intact an appellate ruling that state election officials were required to reject her candidacy.

  • September 14, 2026

    9th Circ. Says Hyundai, Kia Parent Cos. Can't Slip Theft MDL

    The Ninth Circuit on Monday found that a district court wrongly dismissed insurers' claims against the Korea-based parent companies of Kia and Hyundai alleging their vehicles were susceptible to theft, saying the lower court must conduct further analysis to determine if it can exercise personal jurisdiction over them.

  • September 14, 2026

    Software Co. Urges Justices To Pause Thryv Order

    A Vermont software company has asked the U.S. Supreme Court to pause a D.C. Circuit mandate enforcing a Thryv remedy issued by the National Labor Relations Board, arguing that the high court will likely grant its upcoming petition challenging the circuit court's decision to uphold the mandate.

  • September 14, 2026

    Feds Want Justices To Skip Google 'Settled Expectations' Row

    The federal government is telling the U.S. Supreme Court that Google didn't meet the appropriate standard to get the Federal Circuit to look at the company's challenge to the U.S. Patent and Trademark Office's policy of using the age of patents as a reason not to review them.

  • September 14, 2026

    Mich. Court Affirms County Can Seize Family Cottage For Park

    Kalamazoo County can seize a family-owned cottage on a one-third-acre parcel in southwest Michigan to expand a public park, a Michigan Court of Appeals panel said, affirming a trial court decision.

  • September 14, 2026

    1st Circ. Says Hearst Info Sharing May Not Trigger VPPA

    The First Circuit appeared likely on Monday to affirm a lower court's finding that Hearst Television Inc.'s news and weather apps are not violating a 1980s-era video privacy law by disclosing users' email and geolocation data to marketing partners, suggesting that's not enough information to link individuals to specific viewed material.

  • September 14, 2026

    SF Vacancy Tax Barred By Calif. Law, Appeals Court Affirms

    San Francisco's voter-approved tax on vacant residential units penalizes property owners for keeping those off the rental market and thus violates California law, a state appeals court panel ruled, upholding a trial court.

  • September 14, 2026

    NCAA Asks 10th Circ. To Reverse Athlete Eligibility Ruling

    The NCAA has urged the Tenth Circuit to overturn a Colorado federal judge's ruling that could let thousands of college athletes who had exhausted their eligibility compete for another season, arguing the judge wrongly found they were likely to prove that excluding them from the league's newly expanded eligibility rules violates federal antitrust law.

  • September 14, 2026

    UPenn Prof Hires John Eastman For Race Bias Appeal

    A suspended University of Pennsylvania law professor has hired President Donald Trump's former attorney John Eastman to argue her Third Circuit bid to revive her case alleging the school disciplined her based on her race.

  • September 14, 2026

    Detroit, Firefighters Union Win Seniority Appeal

    The city of Detroit and its firefighters union have defeated the remaining claims of two firefighters who challenged their treatment after returning from disability retirement, with a Michigan state appeals court finding their claims either conflicted with seniority rules adopted during the city's bankruptcy or lacked sufficient support.

  • September 14, 2026

    NY Pardon Ends High Court Fight Over Immigration Detention

    A dispute before the U.S. Supreme Court over whether noncitizens subject to removal proceedings because of criminal convictions are entitled to bond hearings was rendered moot after the immigrant at the center of the case received a pardon.

  • September 14, 2026

    1st Circ. Rejects Judge's Standing Order On Deportations

    The First Circuit struck down a federal district judge's standing order that prohibited U.S. Immigration and Customs Enforcement from deporting criminal defendants unless the government resolved or permanently dropped the pending charges.

  • September 14, 2026

    ND Opposes Tribes' Bid To Keep Court-Imposed Voting Map

    North Dakota is seeking to dissolve a 2011 court-approved remedial legislative map that was put in place while a Voting Rights Act dispute brought by two tribal nations made its way to the U.S. Supreme Court, calling the tribes' request for a deferral "astonishing."

  • September 14, 2026

    IRS Asks 6th Circ. To Uphold Revamped Microcaptive Rules

    The Internal Revenue Service asked the Sixth Circuit to affirm a Tennessee federal court's ruling that a set of revised IRS rules requiring taxpayers to disclose some microcaptive insurance arrangements doesn't violate the Administrative Procedure Act, saying the U.S. Treasury Department acted within its authority in promulgating the regulations.

  • September 14, 2026

    1st Circ. Backs Travelers In RI State Worker's UIM Benefits Bid

    A Travelers unit doesn't owe underinsured motorist coverage to a Rhode Island state employee who was injured in a car crash during the scope of her employment, the First Circuit said, refusing to depart from the Rhode Island Supreme Court's recent response to a pair of certified questions.

  • September 14, 2026

    Chamber Tells Justices Plane Forfeiture Should Be Blocked

    The U.S. Chamber of Commerce and the National Association of Manufacturers are urging the U.S. Supreme Court to reaffirm the Eighth Amendment's excessive fines clause and find that the state of Alaska's seizure of a $95,000 plane over a six-pack of beer is out of proportion to the alleged harm.

  • September 14, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week saw disputes over allegedly fabricated board approvals at a telecom infrastructure startup, insider trading and child safety at Roblox Corp. and ownership of artificial intelligence technology used in legal proceedings.

  • September 14, 2026

    Neb. Justices Again Reject Challenge To Medical Marijuana

    The Nebraska Supreme Court has rejected another effort to void medical marijuana legalization ballot initiatives that voters approved by large margins, saying the cannabis reform opponent who brought the suit lacked standing to bring his complaint.

  • September 11, 2026

    Tylenol Maker Seeks 2nd Circ. Relook In Autism, ADHD Suits

    Tylenol maker Kenvue and several retailers have urged the Second Circuit to revisit its decision overturning a district court's exclusion of expert testimony for plaintiffs who claim prenatal exposure to the over-the-counter pain reliever causes autism and ADHD, saying the appeals court improperly restricted the trial court's "gatekeeping role."

  • September 11, 2026

    Attys Must Arbitrate $8 Oil To Fight $625K Sanction: 9th Circ.

    Class action lawyers slapped with six-figure sanctions for suing Walmart Inc. based on erroneous purchase information can't yet challenge the discipline, the Ninth Circuit ruled, suggesting they may first need to arbitrate grievances over an $8 bottle of avocado oil.

  • September 11, 2026

    Tesla Investors Press Del. High Court To Keep Cases In State

    Tesla Inc. investors have asked the Delaware Supreme Court to keep in the state a trio of lawsuits accusing the carmaker and its CEO, Elon Musk, of breaching their fiduciary duty, after a Chancery Court judge ruled earlier this year that the cases belong in Texas.

  • September 11, 2026

    9th Circ. Upholds Workers' $7.8M BART Vax Exemption Verdict

    The Ninth Circuit on Friday declined to disturb a $7.8 million verdict for six former San Francisco public rail employees who were let go after refusing the COVID-19 vaccine on faith-based grounds, finding that the transit system did not show that it couldn't have safely accommodated the workers.

  • September 11, 2026

    Prediction Markets Ask Justices To Settle Sports Wager Split

    Crypto.com on Friday became the third party to call on the U.S. Supreme Court to address the closely-watched circuit split on prediction market regulation, challenging a Ninth Circuit decision that allowed Nevada regulators to police certain sports event contracts since their "substance" appeared to be gambling.

Expert Analysis

  • 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.

  • 3rd Circ. Hotel Ruling Flags Key Issues In Dynamic Pricing

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    The Third Circuit's recent decision in Cornish-Adebiyi v. Caesars Entertainment relies on allegations that competitors used nonpublic data to set real-time rates considered exorbitant, highlighting both the potential risks and substantial benefits of utilizing emerging technologies, say attorneys at Baker McKenzie.

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