Appellate

  • August 18, 2026

    Mich. Panel Revives $900K Hyperbaric Chamber Coverage Suit

    A Michigan appellate court panel on Monday revived Corewell Health's suit seeking recovery of nearly $900,000 from State Farm Insurance for hyperbaric oxygen therapy that was provided to a child who suffered a traumatic brain injury after he was struck by a vehicle while riding his bike.

  • August 18, 2026

    Feds Tell 6th Circ. Ábrego García Prosecution Should Go On

    The Trump administration has urged the Sixth Circuit to revive its prosecution of Kilmar Ábrego García on human smuggling charges after the administration mistakenly deported him to El Salvador, arguing a Tennessee federal judge erred in finding a tainted investigation.

  • August 18, 2026

    LA Pot Partnership Deal Void, Calif. Appeals Court Says

    A California state appeals court has affirmed a lower court's determination that a partnership agreement tied to a group of medical marijuana dispensaries could not be enforced because it called for operations that violated a Los Angeles city ordinance.

  • August 18, 2026

    3rd Circ. Nixes Prof's Disability Bias Win, Calls For Trial

    The Third Circuit scrapped Tuesday an early win handed to a Kutztown University professor who claimed she faced disability discrimination when her requests to teach remotely to manage an autoimmune condition were denied, ruling the lower court was too quick to resolve the case given the disputes at play.

  • August 18, 2026

    MMA Law Tells 5th Circ. It Didn't Waive Hurricane Suit Fees

    MMA Law Firm has urged the Fifth Circuit to vacate a Texas federal district court ruling against it, arguing the district court did not have jurisdiction to hear an appeal of a bankruptcy court's decision to grant summary judgment in favor of a New Orleans law firm that took over hurricane damage cases that MMA had filed.

  • August 18, 2026

    Flawed Demand Letter Sinks Mass. Sewer Damage Suit

    Massachusetts' intermediate-level appellate court on Tuesday affirmed a pretrial win for the city of Chelsea in a suit by a building owner whose property was damaged by sewer water, pointing to an insufficient demand letter sent before the case was filed.

  • August 18, 2026

    Del. DOJ Says Saul Ewing Bill Ruling Put It In 'Untenable' Spot

    Delaware's Department of Justice wants the state's high court to undo a ruling allowing the ACLU to obtain Saul Ewing LLP invoices for work on a federal lawsuit over prison medical care, saying the decision puts "a new burden of proof on agencies" when dealing with public records requests.

  • August 18, 2026

    Pa. Justices Find 'Loophole' For Out-Of-State Pension Credit

    A public school teacher can claim credit in Pennsylvania's pension system for her years of service in Arizona because of an apparent "loophole" that doesn't bar such carryovers if the employee has cashed out their other state pension, the Pennsylvania Supreme Court ruled Tuesday.

  • August 18, 2026

    Ga. High Court Sidesteps Key Question In Bio-Lab Fire Case

    Whether Georgia residents who say they were exposed to harmful substances because of a 2024 fire at chlorine manufacturer Bio-Lab's factory can seek medical monitoring in their proposed class action is a question that should be answered in federal court, the Georgia Supreme Court said Tuesday.

  • August 18, 2026

    NJ Justices Signaled Likely End To Daniel's Law, Experts Say

    First Amendment experts said the New Jersey Supreme Court likely doomed the state's judicial privacy law when it found that the statute did not require those seeking damages to establish mental state, a decision that the Third Circuit hinted could result in the measure being struck down.

  • August 17, 2026

    Unfair Jury Instructions Challenged Too Late, 6th Circ. Says

    An Ohio man convicted of hiring two hitmen to kill a man for stealing hundreds of thousands of dollars in cash and jewelry from him cannot challenge his "almost certainly" unconstitutional mandatory life sentence, because he waited far too long to raise the matter, the Sixth Circuit said Friday.

  • August 17, 2026

    Experts See Looming Legal Disputes Over FCC Party Balance

    The U.S. Supreme Court's recent decision to ditch case law shielding independent federal agency members from presidential removal is unlikely to resolve ongoing controversy over White House control of the Federal Communications Commission, experts said Monday.

  • August 17, 2026

    Moderna, Arbutus Clash On Gov't Venue For Vax IP Claims

    Moderna Inc. has accused Arbutus Biopharma Corp. of turning a government contractor indemnification law "upside down" by arguing the COVID-19 vaccine supplier must face infringement litigation, while Arbutus says the government is wielding that relationship to dodge liability in two separate courts.

  • August 17, 2026

    Conn. Justices Wonder If Murder Witness Had A Deal

    A divided Connecticut Supreme Court has ruled that it needs more information before it can decide whether to grant a man's habeas corpus petition that argues prosecutors in his murder case misled a jury about a key witness's leniency agreement.

  • August 17, 2026

    NJ Justices Let Murder Defendant Undo Global Guilty Plea

    The New Jersey Supreme Court on Monday ruled a defendant in separate felony murder and armed robbery cases must be allowed to withdraw his global guilty plea after evidence used in both cases was suppressed on appeal.

  • August 17, 2026

    USPTO Backs Double Patent Policy Squires Wants Reviewed

    The U.S. Patent and Trademark Office has urged the Federal Circuit to uphold the rejection of a Sanofi patent application for double patenting, days after USPTO Director John Squires said in a separate case that the policy rationale underlying both disputes should be reconsidered.

  • August 17, 2026

    Happy Egg Breaks 'Pasture Raised' False Ad Class At 9th Circ.

    The Ninth Circuit on Monday threw out class certification of California and New York consumers accusing the company behind the Happy Egg brand of deceptively labeling egg cartons with promises that its hens are "pasture raised on over 8 acres."

  • August 17, 2026

    9th Circ. Says Statute Mandates Central Valley Contract Switch

    A Ninth Circuit panel on Monday ruled the U.S. Bureau of Reclamation had no duty to complete environmental reviews before it converted dozens of water service contracts for the Central Valley Project in California in a process intended to help fund storage improvements.

  • August 17, 2026

    Mass. Justices Reject Injured Roofer's Negligent Hiring Suit

    Massachusetts' top court said Monday that state law does not recognize a negligent hiring claim when it is lodged by a subcontractor's worker against the general contractor and tossed a suit seeking to hold the contractor liable for a roofer's nearly fatal fall.

  • August 17, 2026

    10th Circ. Skeptical Of Gov't In Rwandan Refugee Appeal

    The Tenth Circuit on Monday pushed back against the U.S. government's contention that a Rwandan woman can't seek judicial review of its decision to terminate her refugee status during a rehearing of the woman's challenge of the termination. 

  • August 17, 2026

    Kalshi Loses Bid To Block Conn. Enforcement

    A Connecticut federal judge has denied a bid from KalshiEX to keep offering sports contracts while it pursues an appeal before the Second Circuit, finding the prediction market's arguments for a stay had already been rejected by the court and that it has not shown it is likely to win on appeal.

  • August 17, 2026

    Attorneys Skeptical Of Trump's 11th Circ. Appeal Of IRS Case

    Six attorneys who weighed in on President Donald Trump's $10 billion suit against the Internal Revenue Service told a Florida federal court Monday that he hasn't demonstrated that he will prove that its ruling that the settlement from the suit lacked a legitimate controversy violated due process.

  • August 17, 2026

    Mich. Panel Says Notice Rule Doesn't Bar Workers' Bias Suit

    A Michigan appellate panel has refused to dismiss sex discrimination, hostile work environment and retaliation claims by Wayne County Community College District police employees, ruling that the college is a local political subdivision and not subject to the Court of Claims Act's notice requirement.

  • August 17, 2026

    Medtech Group Faults Fed. Circ. Trade Secret Timing Rule

    A medical technology trade group and a University of Texas law professor are urging the full Federal Circuit to revisit a decision that wiped out Insulet Corp.'s trade secret win against EOFlow Co. Ltd. after finding the suit untimely, reversing a $452 million jury verdict that had been reduced to $59.4 million.

  • August 17, 2026

    Justices Asked To Ban Ten Commandments In Texas Schools

    Two dozen families on Monday urged the U.S. Supreme Court to overturn the Fifth Circuit's decision allowing Texas to require public schools to display copies of the Ten Commandments in classrooms, arguing the decision "egregiously" ignores several of the high court's religious freedom precedents.

Expert Analysis

  • Where The Preemption Fight Over Prediction Markets Stands

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    While the Third Circuit's recent ruling in Kalshi v. Flaherty remains a significant win for the federal government in its quest to regulate prediction markets, the Fourth, Sixth and Ninth Circuits appear more skeptical, indicating that this fight is likely headed for the Supreme Court, says Johnny ElHachem at Holland & Knight.

  • Md. Justices' State Climate Tort Ban May Shape National Path

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    The Maryland Supreme Court’s recent ruling that federal law preempted state-level deceptive marketing tort claims brought by several municipalities could offer the U.S. Supreme Court a road map to use in the pending Suncor Energy v. Boulder County case to exclude states from the business of regulating global emissions, say attorneys at ArentFox Schiff.

  • 4 Emerging Approaches To AI Protective Order Language

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    Over the last year, at least five federal district courts have issued or analyzed specific protective order provisions restricting the use of generative artificial intelligence platforms with protected materials, establishing that proactive AI-specific provisions are now standard practice and demonstrating that no single model works for every case, says Joel Bush at Kilpatrick.

  • What Justices Are Focusing On In 'Skinny Label' Patent Case

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    Though Hikma v. Amarin appears to be a patent dispute that could reshape inducement doctrine in the pharmaceutical context, oral argument suggests the U.S. Supreme Court may treat this as primarily a pleading-stage dispute, with important unresolved questions lurking beneath the surface, says Shashank Upadhye at Upadhye Tang.

  • Employer Tips After 4th Circ. Rejects Trimmed Suit Deadlines

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    The Fourth Circuit's recent holding in Thomas v. EOTech that employers cannot use contractual provisions to shorten statutory filing periods for Title VII or Age Discrimination in Employment Act claims offers a warning for employers to review any such documents and reassess their litigation risk, say attorneys at Ogletree.

  • Binance Win Shows Constraints On Anti-Terrorism Act Claims

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    The Southern District of New York's recent ruling in Troell v. Binance illustrates that the Second Circuit's earlier decision in Ashley v. Deutsche Bank is holding weight with courts, and companies facing aiding and abetting risk should thus monitor evolving case law and assess exposure based on nexus allegations, say attorneys at Freshfields.

  • Understanding The Insider Trading Gap In Prediction Markets

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    While the first-ever insider trading indictment involving a prediction market — the recent prosecution of a service member involved in the capture of Nicolás Maduro — comprised extreme facts and straightforward legal theories, future cases will test the bounds of insider trading law, say attorneys at Baker McKenzie.

  • Heppner Ruling Left AI Privilege Risk For Lawyers Unresolved

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    While a New York federal judge’s recent ruling in U.S. v. Heppner resolved a privilege question surrounding client-side artificial intelligence use, it did not address how to mitigate the risks that can arise when confidential information enters the operative context of an AI system used by an attorney, says Jianfei Chen at Quarles & Brady​​​​​​​.

  • How 10 Years Of Case Law Have Shaped The DTSA

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    As the Defend Trade Secrets Act reaches its 10th anniversary, attorneys at Ropes & Gray examine recent DTSA case law and highlight key takeaways regarding pleading requirements, damages and risk factors.

  • The Ethics And Practicalities Of Representing AI Agents

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    With autonomous artificial intelligence agents now able to take action without explicit instructions from — or the awareness of — their human owners, the bar must confront whether existing frameworks like informed consent and client privilege will be sufficient on the day an AI agent calls seeking counsel, say attorneys at Morrison Cohen.

  • Notable Q1 Updates In Insurance Class Actions

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    Notable insurance class action decisions from the first quarter of the year included reminders about the statute of limitations as a key defense for claims relating to allegedly deficient forms, the importance of focus on the specific contract at issue and further guidance on the contours of Rule 23, says Kevin Zimmerman at BakerHostetler.

  • 9th Circ.'s Silence Prolongs Uncertainty On Cemex Framework

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    By affirming a bargaining order in Cemex Construction Materials v. National Labor Relations Board without opining on the NLRB’s 2023 expansion of its authority to issue such orders, the Ninth Circuit avoided direct conflict with the Sixth Circuit’s rejection of the same framework, prolonging uncertainty for employers facing union elections, say attorneys at Dinsmore & Shohl.

  • Arguments Show Justices Vacillating On Geofence Warrants

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    Questions and statements by the justices during recent oral arguments in Chatrie v. U.S., probing the Fourth Amendment limits of geofence warrants, revealed a Supreme Court that is skeptical of the government’s most sweeping claims, uncomfortable with the petitioner’s broadest theories and searching for a narrow off-ramp, say attorneys at Rogers Joseph.

  • Surveying The CFTC Campaign To Control Prediction Markets

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    The U.S. Commodity Futures Trading Commission is simultaneously asserting exclusive jurisdiction over prediction markets and signaling aggressive enforcement within them, a combination that will reshape the regulatory landscape for event contract platforms — pending the outcome of several court cases throughout the country and a likely circuit split, say attorneys at Paul Weiss.

  • Series

    Speed Jigsaw Puzzling Makes Me A Better Lawyer

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    My passion for speed puzzling — I can complete a 500-piece jigsaw puzzle in under 50 minutes — has sharpened my legal skills in more ways than one, with both disciplines requiring patience, precision and the ability to keep the bigger picture in mind while working through the details, says Tazia Statucki at Proskauer.

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