Appellate

  • October 14, 2026

    Feds Fight Top Court Review Of Ex-Defender's Sex Bias Suit

    The federal judiciary has urged the U.S. Supreme Court to reject a former assistant public defender's petition challenging its internal complaint process for workplace sex harassment, arguing the questions she presented weren't properly preserved in the lower courts.

  • October 14, 2026

    Ga. Atty Disbarred After Guilty Plea In Police Report Scheme

    The Georgia Supreme Court Wednesday disbarred a personal injury lawyer who pled guilty for his part in a scheme using stolen accident reports to find clients and financially benefit from settlement money.

  • October 14, 2026

    US Urges 4th Circ. To Reverse Afghan Families Entry Orders

    The Trump administration urged the Fourth Circuit to reinstate a travel ban on families seeking to join Afghan refugees granted asylum in the United States, arguing a lower court lacked authority to override the State Department's decision.

  • October 14, 2026

    1st Circ. Rejects Brown U. Prof's Challenge To Deportation

    The First Circuit has said it lacks jurisdiction to review a Brown University professor's deportation and five-year ban on trying to return to the United States, affirming a Massachusetts district judge's dismissal of her habeas petition.

  • October 14, 2026

    Voting Groups Tell High Court To Block Citizenship Proof Rule

    A number of voting rights groups are urging the Supreme Court to reject the Republican National Committee's bid to undo a Ninth Circuit ruling over two Arizona voting laws, saying the RNC failed to show that documentary proof of citizenship is necessary to vote by mail and in presidential elections.

  • October 14, 2026

    Jail Policy Referendum Needed Union Input, Pa. Justices Told

    A referendum to limit certain methods of restraining inmates at the Allegheny County Jail in Pittsburgh was void from the start because it had interfered with jail guards' safety and should have been bargained with the union, the guards' attorney told the Pennsylvania Supreme Court on Wednesday.

  • October 14, 2026

    4th Circ. Pauses Comcast DOL Appeal For High Court Case

    The Fourth Circuit put Comcast Corp.'s challenge to the U.S. Department of Labor's authority to hear a whistleblower retaliation case on hold pending a U.S. Supreme Court ruling on the agency's power to adjudicate employment disputes.

  • October 14, 2026

    4th Circ. Faults Board For Discounting Gang Death Threats

    A Fourth Circuit panel ruled an immigration appeals board erred when it refused to revisit a Honduran woman's asylum denial after gang members purportedly threatened to kill her and her daughter if they returned to that country.

  • October 14, 2026

    Pa. Property Transfer To Trust Found Subject To Tax

    A Pennsylvania man's transfer of property to his family's trust is subject to transfer tax because the trust was not an ordinary trust exempt from the tax, the state's Commonwealth Court ruled.

  • October 13, 2026

    What To Watch As Justices Weigh Video Privacy Law's Scope

    The U.S. Supreme Court is poised to hear arguments Wednesday over who can sue under the decades-old Video Privacy Protection Act in a dispute that experts say is likely to hinge on the approach the justices take to squaring the statute's original intent with the capabilities of modern tracking technologies.

  • October 13, 2026

    2nd Circ. Says Voyager's Bank Didn't Know About Fraud

    The Second Circuit has declined to revive a 53-count suit alleging Voyager Digital's former bank, Metropolitan Commercial Bank, was complicit in the now-defunct crypto lender's fraud, agreeing with the lower court that the suit failed to allege the bank knew about Voyager's fraud or aided in it.

  • October 13, 2026

    DC Circ. Mulls Whether EPA Can Set Waiver Post-Deadline

    The D.C. Circuit is set to decide if the Environmental Protection Agency is allowed to go back and change the amount of renewable fuel that gas-producing companies have to make in a given year after the deadline for doing so has passed.

  • October 13, 2026

    Kalshi Seeks Full 6th Circ. Review Of Sports Contract Ruling

    Kalshi is asking the entire bench of Sixth Circuit judges to take another look at a September ruling that declined to shield its sports event contracts from Ohio and Tennessee gambling regulators, arguing recent rule proposals from the U.S. Commodity Futures Trading Commission "substantially undermine" the appeals court's decision.

  • October 13, 2026

    Justices Won't Review 9th Circ. Revival Of Trafficking Case

    The U.S. Supreme Court on Tuesday declined to review the full Ninth Circuit's February ruling that Congress' 2023 bill clarifying civil liability for companies that "attempt to benefit" from human trafficking of Cambodian workers can apply retroactively.

  • October 13, 2026

    Del. High Court Upholds Forum Limit In Amazon Records Case

    The Delaware Supreme Court on Tuesday upheld a lower court's decision that both curtailed the type of records an Amazon shareholder can seek as it investigates alleged anticompetitive behavior at the company, and restricted where the investor can sue. 

  • October 13, 2026

    10th Circ. Skeptical Of NCAA Eligibility Injunction's Scope

    A Tenth Circuit panel appeared hesitant Tuesday to uphold an injunction issued by a Colorado federal judge that granted eligibility to thousands of NCAA athletes excluded from the organization's new eligibility rule implemented this year.

  • October 13, 2026

    Colo. Panel Probes Challenge To Large-Scale Feedlot Permit

    The Colorado Court of Appeals challenged environmental groups' opposition to a permit allowing large-scale animal feeding facilities to operate without certain monitoring requirements, but pressed counsel for both parties on Tuesday on the permit's purpose amid potential pollution to the state's waterways.

  • October 13, 2026

    Mich. High Court Forces Judge To Retire Over Misconduct

    The Michigan Supreme Court has ordered a former Jackson County judge to retire and barred him from holding judicial office again after finding he abused alcohol, sexually harassed female colleagues, interfered in court proceedings and deliberately concealed delays in issuing rulings.

  • October 13, 2026

    Justices Decline Review Of Gun Ban For Cannabis Felony

    The U.S. Supreme Court on Tuesday declined to review whether a Tenth Circuit ban on gun ownership for people convicted of nonviolent felony offenses conflicts with the high court's ruling earlier this year striking down gun regulations for drug users.

  • October 13, 2026

    Fed. Circ. Upholds Alice Ax Of Targeted Ad Patents

    The Federal Circuit on Tuesday refused to revive a series of patents relating to internet advertising in a dispute between rival ad platforms after a New York federal court found the patents didn't pass the U.S. Supreme Court's Alice test.

  • October 13, 2026

    Ex-U. Of Fla. Urologist Can't Get Sex Bias Suit Back On Track

    The Eleventh Circuit refused Tuesday to reinstate a lawsuit from a doctor who said gender discrimination got her removed from University of Florida's urology department, unpersuaded by her argument that a lower court prematurely shut down the bulk of her lawsuit.

  • October 13, 2026

    Mass. Panel Backs State Police Leader's July 4 Staffing Memo

    The head of the Massachusetts State Police has the power to prohibit officers from taking time off around the Independence Day holiday, the state's intermediate-level appeals court said Tuesday, affirming that the matter is not subject to collective bargaining.

  • October 13, 2026

    Wash. School District Defends Trans Policy At High Court

    A Washington state school district rebuked a suit challenging its permissive transgender athlete policies Tuesday, telling the U.S. Supreme Court that the legal fight is not nearly ripe enough for high court scrutiny. 

  • October 13, 2026

    2nd Circ. Seems Doubtful Of RTX Corp. Investors' Appeal

    A Second Circuit panel Tuesday seemed leery of RTX Corp. investors' bid to revive allegations that the aerospace manufacturer violated securities laws by concealing an aircraft engine defect, with several judges pointing out how the complaint seemed to lack allegations that executives knew different disclosures were necessary.

  • October 13, 2026

    5th Circ. Backs Ginnie Mae On Reverse Mortgage Liens

    A unanimous Fifth Circuit panel affirmed a lower court's ruling in favor of Ginnie Mae in a suit Texas Capital Bank brought over the extinguishment of its lien on reverse mortgage assets, saying there is a "sound statutory basis to conclude" that Ginnie Mae has authority over the entire mortgage once an issuer defaults.

Expert Analysis

  • Minn. Ruling Expands Insureds' Right To Independent Counsel

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    If upheld on appeal, a recent decision by a Minnesota appellate court — Fabyanske Westra Hart & Thomson v. Western National Mutual Insurance — will give Minnesota policyholders a stronger basis to demand independent counsel when an insurer accepts a defense under a reservation of rights, say attorneys at Stoel Rives.

  • Series

    Juggling And Unicycling Make Me A Better Lawyer

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    Because I juggle (sometimes with fire) and ride the unicycle, friends and family used to joke that I should join the circus, but I pursued the practice of law instead and learned that my hobbies benefit my profession in several important ways, says Morgan Eddy at Smith Currie.

  • The Future Of DOL Judge Removal Challenges After Slaughter

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    The U.S. Supreme Court's recent ruling in Trump v. Slaughter calls into question whether U.S. Department of Labor administrative law judges exercising significant governmental authority remain insulated from presidential removal, but the answer depends on the governing statute, its severability provisions and other factors, says Mark Ishu at Conn Maciel.

  • DOJ Executive Privilege Opinion Portends 3rd-Party Dilemmas

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    The recent opinion from the U.S. Department of Justice’s Office of Legal Counsel concluding that executive privilege can shield the president's communications with private advisers may lead to interbranch disputes, and companies must come up with a response plan now before they’re caught in the middle, say attorneys at Gibson Dunn.

  • 2nd Circ. Ruling Lays Out Administrative Right-Of-Access Blueprint

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    In Civil Rights Corps v. LaSalle, the Second Circuit recently held that the First Amendment dictates a presumptive right of access to sealed attorney grievance proceedings, providing a framework for challenging other administrative regimes that operate behind closed doors, says Jonathan Ginsberg at Carlton Fields.

  • How 'Swap' Fight Underpins Prediction Market Enforcement

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    As courts around the country grapple with whether, and under what circumstances, event contracts qualify as swaps, federal enforcement authority hangs in the balance, with implications for companies that need to manage compliance risks during this period of legal uncertainty, say attorneys at Debevoise.

  • Fed. Circ. Dental IP Ruling Reinforces Prior Art Framework

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    The Federal Circuit's recent decision in Dental Monitoring v. Align Technology reaffirms the necessity of substantive written description support for establishing an earlier effective prior art date under the America Invents Act, and aligns Patent Trial and Appeal Board practice with district court litigation, say attorneys at Morgan Lewis.

  • 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.

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