Appellate

  • September 02, 2026

    1st Circ. Says Son's Asthma Not Enough To Stop Removal

    The First Circuit has refused to reverse a removal order for a Salvadoran citizen, finding that providing asthma medication for his 17-year-old son is not an exceptional hardship that could halt the process.

  • September 02, 2026

    5th Circ. Presses ATF On Out-Of-State Handgun Sales

    A Fifth Circuit panel pressed the Bureau of Alcohol, Tobacco, Firearms and Explosives to explain the scope of a law barring citizens from purchasing handguns outside their state of residence, asking Wednesday what problems the government would face from the law's revocation.

  • September 02, 2026

    Fla. Panel Nixes $1M Child Support Life Insurance Order

    A Florida appellate panel on Wednesday reversed a decision requiring a father to have a $1 million life insurance policy to protect child support payments, finding a lower court did not determine if he could afford the policy.

  • September 02, 2026

    2nd Circ. Faults NLRB's Dress Code Test In Starbucks Appeal

    The Second Circuit faulted the test the National Labor Relations Board applies to neutral dress codes that restrict workers' displays of union insignia, tossing Wednesday a ruling that Starbucks illegally barred workers at a Manhattan shop from wearing pro-union shirts. 

  • September 02, 2026

    11th Circ. Axes Ethics Complaint Over Fla. Judge's Israel Book

    The Eleventh Circuit's chief judge has dismissed an ethics complaint against a Florida federal judge, finding the district judge's alleged actions promoting his book about Israel, including appearances from his judicial chambers, didn't violate the judicial ethics code.

  • September 02, 2026

    Manslaughter Verdict Vacated Over DNA Analysts' Testimony

    Massachusetts' intermediate appellate court on Wednesday vacated a 2023 manslaughter conviction due to the prosecution's reliance on substitute DNA analysts whose testimony was based on the work of another crime lab staffer.

  • September 02, 2026

    DOL Backs Aramark Bid To Avoid Aetna ERISA Suit Arbitration

    The U.S. Department of Labor backed Aramark's attempt to keep in court its allegations that Aetna cost the company millions by mismanaging health benefit claims, telling the full Fifth Circuit that a panel correctly held that the case fell under an exception in the arbitration agreement.

  • September 01, 2026

    McLane Model Keeps Drivers Overtime-Exempt, 9th Circ. Says

    A Ninth Circuit panel on Tuesday affirmed a lower court's ruling that truck drivers behind a proposed class action against food distributor McLane Foodservice Inc. are exempt from overtime pay, holding that the employees engaged in interstate commerce despite driving only in California.

  • September 01, 2026

    Copyright Chief Says Cook Ruling Bolsters Firing Challenge

    The U.S. Copyright Office's Shira Perlmutter has asked the D.C. Circuit to reverse a federal judge's refusal to block her firing by the Trump administration, arguing that the U.S. Supreme Court's June decision protecting Federal Reserve Gov. Lisa Cook undercuts the lower court's reason for denying her preliminary relief.

  • September 01, 2026

    Mass. Justices Uphold Plea Despite Police Corruption Claims

    The Massachusetts Supreme Judicial Court has affirmed the denial of a man's request to withdraw his guilty pleas to the murders of two women, saying he failed to show on appeal that serious Boston Police Department corruption in a related murder investigation tainted his own case.

  • September 01, 2026

    Securitas Can't Arbitrate Wage Class Action, Wash. Panel Says

    A former Securitas worker's proposed wage-and-hour class action against the guard service will move forward following a Washington appeals panel's ruling Monday that upheld a lower court's rejection of the company's bid to force the ex-employee into arbitration.

  • September 01, 2026

    4th Circ. Told Geofence Warrant Doesn't Meet New Standards

    The Fourth Circuit has been asked to rule that the geofence warrant at the heart of a major U.S. Supreme Court decision clarifying standards for location-data searches did in fact authorize an unconstitutional search in light of the high court's ruling.

  • September 01, 2026

    High Court Should Skip Ruby Tuesday Benefits Suit, SG Says

    The U.S. solicitor general has urged the Supreme Court to decline to consider a suit from former Ruby Tuesday executives alleging Regions Bank inadequately protected their retirement plan benefits that were liquidated in bankruptcy, saying the "idiosyncratic" nature of the dispute makes it a poor candidate for high court review.

  • September 01, 2026

    Toyota Can't Block Expert In Carbon Monoxide Death Suit

    A Georgia appeals court on Tuesday largely upheld rulings allowing a wrongful death and product liability case against Toyota to proceed over a fatal carbon monoxide poisoning linked to a keyless ignition vehicle, but said punitive damages were off the table.

  • September 01, 2026

    DC Circ. Reinstates Bergdahl Court-Martial Conviction

    The D.C. Circuit ruled Tuesday that a district court judge lacked jurisdiction to vacate Bowe Bergdahl's 2017 court-martial conviction for desertion, finding that only military appellate courts can directly overturn court-martial judgments and reversing a summary judgment decision that voided the conviction.

  • September 01, 2026

    7th Circ. Backs Removal Order Over Neglect Conviction

    The Seventh Circuit on Tuesday refused to halt a Mexican women's removal order, ruling that her 2012 Wisconsin state misdemeanor conviction for neglecting a child is a deportable offense that makes her ineligible for cancellation of removal.

  • September 01, 2026

    8th Circ. Backs $110M Deal For NAR Broker Fees Suit

    The Eighth Circuit sided against class action settlement objectors Tuesday and affirmed $110.6 million worth of settlements in antitrust class actions alleging the National Association of Realtors and brokerages followed anticompetitive NAR rules that artificially inflated broker commissions.

  • September 01, 2026

    Unified, Industry Orgs. Again Push Justices On PTAB Policies

    Unified Patents, Clearing House Payments subsidiary Askeladden and a series of industry groups have continued pressing the U.S. Supreme Court to accept petitions addressing the U.S. Patent and Trademark Office's patent review authority, this time in a case brought by Tesla.

  • September 01, 2026

    Colo. Panel Mulls Enviro Groups' Challenge To Emission Rule

    Environmental advocacy groups urged a Colorado appellate court to revive their challenge to a state agency's rule on emissions monitoring, arguing Tuesday that the rule allows most polluters to escape certain monitoring requirements by paying a fee, while the judges focused counsel on questions of statutory interpretation.

  • September 01, 2026

    Patent Owner Urges Fed. Circ. To Rethink Marking Decision

    A patent licensing company has urged the Federal Circuit to reconsider its ruling that patent owners must ensure that all licensees mark their products with patent information in order to recover presuit damages, saying the holding flouts the law and creates risks for patent owners.

  • September 01, 2026

    HHS Seeks 9th Circ. Review Of Tribal Opioid Clinic Order

    The U.S. Department of Health and Human Services has appealed to the Ninth Circuit for a review of a lower court order requiring the HHS' Indian Health Service to fund a Pechanga Band of Indians' opioid treatment facility.

  • September 01, 2026

    Foreign Air Carriers To Challenge FCC Altimeters Order

    The International Air Transport Association is challenging a Federal Communications Commission order requiring aircraft serving the United States to upgrade their radio altimeters but limits reimbursements to domestic carriers.

  • September 01, 2026

    DC Circ. Backs Fair Use Repairs On Med Device Software

    The D.C. Circuit on Tuesday ruled that using copyrighted data and computer programs for the purpose of repairing medical devices falls under the fair use exemption, rejecting a challenge from two industry groups that wanted to compel the Library of Congress to revise its rules on the issue.

  • September 01, 2026

    BioMarin To Get Royalties From Ascendis Under IP Settlement

    Ascendis Pharma will pay BioMarin Pharmaceutical Inc. royalties under an agreement resolving their patent disputes over competing treatments for children with a certain genetic disorder, ending proceedings at the U.S. International Trade Commission, in California federal court and other venues.

  • September 01, 2026

    11th Circ. Sends Coal Workers' Race Bias Suit To Trial

    The Eleventh Circuit reinstated a suit Tuesday from two Black workers who claimed a coal company fired them out of race bias, stating the court can't overlook evidence that a white worker fired the same day for the same conduct was allowed back while the Black employees remained terminated.

Expert Analysis

  • Checking For AI Errors Is Now A Two-Way Street

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    A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

  • Opinion

    Federal Circuit Should Implement Mini En Banc Process

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    To fulfill its mission of uniformity in patent law while avoiding the challenges of en banc hearings, the Federal Circuit should institute mini en bancs — allowing regular three-judge panels to exercise en banc powers unless a majority of the court says otherwise, says Joshua Sohn at the U.S. Department of Justice.

  • What's Next After Justices' Last-Mile Driver Arbitration Ruling

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    The U.S. Supreme Court's recent decision in Flowers Foods v. Brock, refusing to narrow the scope of a Federal Arbitration Act exemption for workers engaged in interstate commerce, gives previously unprotected workers access to litigation, but preserves two potentially powerful arguments for future proceedings, say attorneys at Husch Blackwell.

  • Series

    The Biz Court Digest: Shoring Up Corporate Law In Maryland

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    Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

  • How End Of SEC 'Gag Rule' Affects Free Speech Certiorari Bid

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    The Securities and Exchange Commission's recent rescission of the so-called gag rule, which forbade defendants in settlements from denying the SEC’s allegations, may sway the outcome of a petition to the Supreme Court in a case challenging the rule on First Amendment grounds, say attorneys at Troutman.

  • 2nd Circ.'s Embedded Video Ruling May Protect Publishers

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    The Second Circuit's recent decision in Richardson v. Townsquare, dismissing an infringement claim arising from an embedding of a YouTube-hosted interview, reaffirms a potent defense for publishers who regularly use social media platforms' embed functionality, says Amanda Harris at Jassy Vick.

  • Federal Officer Removal After Justices' La. Pollution Ruling

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    In the wake of the U.S. Supreme Court's recent ruling in Chevron USA v. Plaquemines Parish, companies seeking to use federal officer removal to move litigation out of state court should ask three questions, focusing on government contract language, federally directed activity and related conduct, say attorneys at Hollingsworth.

  • Series

    Competing At Poker Makes Me A Better Lawyer

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    Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

  • Revisiting TransUnion's Underused Standing Rule, 5 Years On

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    The Ninth Circuit Court of Appeals' recent use of the U.S. Supreme Court’s now five-year-old TransUnion v. Ramirez rule specifying that the "mere risk of future harm" isn't concrete enough to support a damages claim presents an opportunity to revisit this underutilized standing rule, say attorneys at Horvitz & Levy.

  • 5 Things Associates Must Ask About Their Firm's Merger Plan

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    The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

  • Uncertainty Looms After Justices' Withdrawal Liability Ruling

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    The U.S. Supreme Court's recent holding in M&K Employee Solutions v. Trustees of the IAM National Pension Fund increases the unpredictability of withdrawal liability assessments, so employers should prepare for a range of assessments and be equipped to challenge unreasonable ones, say attorneys at Winston Taylor.

  • CFTC Trading Rule Can't Police Prediction Markets Yet

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    The Commodity Futures Trading Commission’s recent efforts to police insider trading in prediction markets through a post-Dodd-Frank anti-fraud rule exposes doctrinal gaps around misappropriation theory, leaving platforms to fill the void with win-rate-based surveillance, says attorney Tamara de Silva.

  • Columbia Software IP Ruling Tests Royalty Damages Model

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    The Federal Circuit's recent decision in Columbia University v. Gen Digital, vacating a damages verdict involving foreign software sales, provides guidance on ambiguities surrounding the worldwide royalty damages model established by the court's decision in Brumfield v. IBG two years ago, say attorneys at Munger Tolles.

  • Turning To The Courts When PBM Reform Falls Short

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    The effectiveness of state laws intended to regulate pharmacy benefit managers remains uncertain, but litigation — utilizing tried-and-true theories like breach of contract and fair dealing — offers another mechanism through which stakeholders may seek relief from PBMs, say attorneys at Reed Smith.

  • Opinion

    Immigration Appeals Rule Would Prevent Meaningful Review

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    Justice Stephen Breyer’s book “Making Our Democracy Work” offers a useful lens through which to consider what is at stake for the Executive Office for Immigration Review's legitimacy as the government asks the D.C. Circuit to revive an interim final rule that would have fast-tracked decisions by Board of Immigration Appeals, says Tara Kennedy at Kennedy Law.

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