Appellate

  • October 26, 2026

    After Litigation, Ayahuasca Church Gets DEA Registration

    After years of litigating against federal regulators, an Iowa church has reached an agreement with the U.S. Drug Enforcement Administration to lawfully use the psychedelic ayahuasca for religious purposes, the church's attorneys announced Monday.

  • October 26, 2026

    Mich. Panel Backs $9.7M Negligence Verdict Against Hospital

    A Michigan appeals court declined to upend a hospital's share of a $9.7 million jury verdict for administrative negligence in its care for a woman who died while receiving emergency treatment for complications following an abdominoplasty, or "tummy tuck" procedure.

  • October 26, 2026

    Atty Pushes For New Trial Against Blank Rome Lawyers

    A Pennsylvania lawyer told the Third Circuit on Monday that she deserves a new trial in her suit against three Blank Rome LLP lawyers and an aircraft parts company, arguing that the trial court did not properly view all the evidence.

  • October 26, 2026

    NC Top Court Will Weigh State Bar's Reach Over Ex-Judges

    The North Carolina Supreme Court agreed to take up a former state court judge's appeal challenging the state bar's authority to discipline him for alleged misconduct on the bench, which he said the Tar Heel state's judicial oversight board had already addressed.

  • October 26, 2026

    11th Circ. Says Insurer Needn't Pay More For Storm Losses

    A Hartford insurer that paid out a Florida condominium association's claim for 11 buildings that sustained flood damage during Hurricane Ian does not owe any additional coverage, the Eleventh Circuit said, affirming that the association failed to file the required proof of loss for the additional amounts sought.

  • October 26, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week approved a $250 million settlement of litigation over Microsoft Corp.'s acquisition of Activision Blizzard Inc., while Albertsons Cos. Inc. accused Kroger Co. of rejecting changes that could have saved their $24.6 billion merger and the Delaware Supreme Court ordered Verisk Analytics Inc. to keep pursuing a $2.35 billion acquisition.

  • October 26, 2026

    Burns & Levinson Malpractice Claims Revived On Appeal

    Massachusetts' intermediate-level appeals court Monday reinstated legal malpractice claims brought by a youth soccer league against defunct Boston law firm Burns & Levinson LLP alleging a firm partner failed to provide a heads-up about a federal visa fraud investigation.

  • October 26, 2026

    8th Circ. Says Fed Must Rewrite Debit Swipe-Fee Cap

    The Eighth Circuit on Monday struck down the Federal Reserve's regulatory cap on the swipe fees that larger banks may collect on debit-card transactions, handing a major victory to merchants that have long argued this cap was set too high.

  • October 23, 2026

    Teva, Eli Lilly Spar Over Possible New Drug Patent Trial

    Eli Lilly and Teva on Friday sparred over whether a new trial should be held in Massachusetts federal court over the validity of patents related to Teva's migraine drug Ajovy after the Federal Circuit reversed the Boston court's judgment that favored Eli Lilly.

  • October 23, 2026

    9th Circ. Blocks Trump's Calif. National Guard Deployment

    A split Ninth Circuit panel on Friday upheld a lower court's preliminary injunction blocking President Donald Trump's deployment of the California National Guard in Los Angeles last year, finding that the president didn't have the authority to order the deployment, which violated the constitutional separation of powers.

  • October 23, 2026

    Ohio Justices Say Class Cert. Analysis Was 'Rigorous'

    The Ohio Supreme Court held Thursday that a trial court did not err by examining all seven requirements for class certification in a suit alleging water ratepayers were overcharged, even though the judge found two were not met but assumed for the sake of argument that the other requirements were satisfied.

  • October 23, 2026

    Wash. Tribe Can't Appeal Immunity Ruling Yet, 9th Circ. Says

    The Ninth Circuit on Friday threw out an appeal from a Native American tribe seeking to halt an environmental challenge over federal review and permitting of the tribe's proposed oyster farm, holding that the court lacks jurisdiction to hear the matter.

  • October 23, 2026

    5th Circ. Weighs Iowa Bid To Toss Charles Schwab Settlement

    A Fifth Circuit panel pushed Charles Schwab to explain why it should sign off on a settlement with investors resolving claims that its 2020 merger with TD Ameritrade created a monopoly, asking Friday how an agreed upon antitrust compliance program created value.

  • October 23, 2026

    Ariz. Court Requires 20-Day Wait For Capital Disability Exams

    An Arizona state appellate panel on Friday said a trial court erroneously ruled to allow an intellectual disability expert to examine a defendant too soon, rejecting the state's contention in a capital murder case that "not less than 20 days after" a deadline means the same thing as "within 20 days of" the deadline.

  • October 23, 2026

    Colo. Justices Asked To Hear Challenge To Amendment 87

    The man challenging the validity of signatures for a Colorado ballot initiative to raise taxes on the state's wealthiest residents appealed the dismissal of his lawsuit to the state's high court Thursday.

  • October 23, 2026

    Panel Orders New Sex Abuse Trial Over Improper Testimony

    A Connecticut appeals court on Friday ordered a new trial for a man convicted of sexual assault of a child, ruling the prosecutor was incorrectly allowed to ask witnesses to evaluate the credibility of the victim's testimony.

  • October 23, 2026

    5th Circ. Revives Facebook Users' Eyemart Wiretap Suit

    The Fifth Circuit on Friday revived a group of Facebook users' proposed class action accusing Eyemart Express LLC of disclosing their HIPAA-protected information to Meta without their consent, saying in a published opinion that Eyemart and a district court had read the statutory definition of individually identifiable health information too narrowly.

  • October 23, 2026

    Murder Evidence 'Overkill' In Passport Fraud Trial, Judge Says

    A First Circuit panel on Friday said prosecutors should not have told a jury that a defendant on trial for lying to obtain a U.S. passport was wanted for murder in Cape Verde, but nevertheless upheld his conviction due to the "overwhelming evidence" of his guilt.

  • October 23, 2026

    TransDigm Can't Ax Ex-GC's Retaliation Suit, Ohio Court Says

    TransDigm Group cannot push to arbitration its former general counsel's lawsuit alleging that she was terminated in retaliation for reporting two instances of sexual harassment and antitrust compliance concerns at the aerospace company, an Ohio appeals court ruled, saying sexual harassment allegations are not subject to arbitration.

  • October 23, 2026

    9th Circ. Judge Hints Trump US Atty Firing OK Despite 'Chaos'

    A Ninth Circuit judge remarked on Friday that President Donald Trump's ouster of court-appointed Seattle U.S. Attorney Roger Rogoff has sown "chaos," but pushed back against Rogoff's contention that the move amounted to executive overreach, noting that the president already controls the office via the attorney general.

  • October 23, 2026

    Dutch Software Co. Seeks To Unravel $400K Contempt Order

    A Dutch software company is looking to undo a $400,000 sanctions order against it in a long-running trademark battle with its former U.S. partner, saying there is no evidence of harm to the opposing party sufficient to support the court's contempt ruling.

  • October 23, 2026

    Full 5th Circ. OKs Trump's No-Bond Policy For Immigrants

    The full Fifth Circuit handed down a divided opinion on Friday, ruling that noncitizens who were never lawfully admitted to the U.S. don't have a constitutional right to bond hearings regardless of how long they've been detained.

  • October 23, 2026

    Alembic Settles With Vanda Over Schizophrenia Drug Generic

    Vanda Pharmaceuticals and Alembic Pharmaceuticals notified a Delaware federal judge Friday that they have settled a patent dispute over Alembic's planned generic version of Vanda's schizophrenia drug Fanapt.

  • October 23, 2026

    State AGs Take Aim At 'Texas Two-Step' In Brief To Justices

    Attorneys general for 20 states and the District of Columbia urged the U.S. Supreme Court to take up a challenge to the validity of "Texas Two-Step" bankruptcies, telling the high court a Fourth Circuit ruling in an asbestos liability case threatens the ability of states to exercise their sovereign power to enforce their own laws.

  • October 23, 2026

    Insulet Can't Keep Injunction During Trade Secret Appeal

    The Federal Circuit has denied insulin product developer Insulet Corp.'s request to keep an injunction in place against rival EOFlow Co. Ltd. while it appeals an axed $59 million trade secrets jury verdict to the U.S. Supreme Court.

Expert Analysis

  • 2nd Circ. EFAA Ruling Shifts Employer Litigation Strategy

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    In Diaz-Roa v. Hermes Law, the Second Circuit recently held that, under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, employers can't carve out nonharassment claims and send them to arbitration, which has implications for discovery, litigation costs and resolution strategy in EFAA-covered disputes, say attorneys at Krevolin Horst.

  • DC Circ. Ruling Clarifies Standards For Buy America Waivers

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    The D.C. Circuit's recent decision to uphold a Federal Railroad Administration Buy America waiver offers clarifying guidance about assessing domestic availability, distinguishing manufacturing capabilities from future production plans and creating a well-supported administrative record, says Todd Overman at Bass Berry.

  • 3rd Circ. Ruling Opens Door For Fraud-On-The-Market Rethink

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    The Third Circuit's recent decision in Ocugen, holding that a stable stock price after publication of restated financials does not prove immateriality, could be a vehicle for the U.S. Supreme Court to overturn the doctrine undergirding certification of securities class actions, says Jonathan Richman at Brown Rudnick.

  • 5 Issues To Watch As Fed. Circ. Hears Moderna Vax IP Case

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    Upcoming oral arguments before the Federal Circuit in Arbutus v. Moderna will test whether patent liability protections for government contractors extend to vaccines distributed to the public, and the resolution of certain questions, such as how to define “for the government,” may be key to the outcome, say attorneys at Honigman.

  • PFAS Ruling Extinguishes A Policyholder Path To Coverage

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    Following an Ohio federal court's recent ruling in Fire-Dex v. Admiral Insurance, policyholders whose PFAS exposure is concentrated in workplace products will see bids for coverage fail under the occupational-disease exclusion, giving insurers a defense well suited for the category of claims that has been most resistant to pollution exclusions, say attorneys at Benesch.

  • When Insurer Insolvency Won't Trigger Excess Coverage

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    With its recent decision in A.R. Wilfley v. National Union Fire Insurance, the Colorado Supreme Court joins a growing national consensus enforcing clear and unambiguous anti-drop-down policy language in umbrella and excess policies, says Michael Kotula at Rivkin Radler.

  • How DC Circ. Ruling Permits Playacting Bribery Defense

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    The D.C. Circuit’s recent U.S. v. Burke decision appears to create a circuit split on whether prosecutors must prove public officials’ intent in bribery cases, and opens a gap between what appears to be corrupt conduct and what the law can reach, says Liz Aloi at MoFo.

  • Series

    Being In The Peace Corps Made Me A Better Lawyer

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    When I served in the Peace Corps, the people of the West African village where I was stationed helped me acclimate to my new surroundings and enabled me to develop problem-solving, teamwork and empathy skills that have bolstered my legal practice far beyond the ability to offer technical advice, says Brian Bewley at McGuireWoods.

  • Remote Work Ruling Clarifies Calif. Law Limits, With Caveats

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    Although a California state appeals court's recent decision in Saberin v. Alation confirmed that California employment laws do not operate extraterritorially merely because a company is headquartered in the state, employers shouldn't construe this as authorization to relocate decision-makers to circumvent statutory obligations, says Hallie Aylesworth at Sheppard.

  • EPA Rollback Puts Power Plant GHG Rules In Flux

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    The U.S. Environmental Protection Agency's recent actions on power plant greenhouse gas emissions create immediate implications for power plant operators and long-term regulatory uncertainty, while raising questions about the relationship between federal and state approaches to climate-related litigation, say attorneys at Van Ness Feldman.

  • What $5.7B Apple Verdict Reveals About Patent Risk

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    A California federal jury's recent $5.7 billion damages verdict against Apple exemplifies the enormous financial exposure that can occur when patent-infringing features are incorporated into many units, though the outcome is ultimately dependent on the strength of the underlying infringement, validity and damages theories, says Michael Dorfman at Barclay Damon.

  • Dissecting Dodd's, Gensler's Prediction Market Amicus Briefs

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    Former Sen. Chris Dodd and former U.S. Commodity Futures Trading Commission Chairman Gary Gensler's recent amicus briefs in support of New Jersey's petition for U.S. Supreme Court review of Kalshi v. Flaherty draw on legislative history to counter the CFTC's claim of federal preemption over the prediction markets, says Trace Schmeltz at Steptoe.

  • What Colo. High Court Will Weigh In Insurer Disclosure Case

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    In Bohanan v. Esurance, the Colorado Supreme Court will decide whether an insurance policy must be produced to a claimant notwithstanding the insurer's coverage position, and the court's interpretation of what "may be relevant to the claim," in the statute, will be paramount, say attorneys at Burg Simpson.

  • 6th Circ. Spotlights Cannabis Contract Enforceability Risks

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    The Sixth Circuit's recent reversal of a $31.8 million jury verdict against a subsidiary of cannabis giant Curaleaf highlights that state licenses do not necessarily provide the legal foundation needed to enforce contracts in federal court, which is a pattern that appears across many sectors, say attorneys at ArentFox Schiff.

  • Preventing HOA Bias After Wash. Ruling Highlights Risk

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    Because homeowners nationwide can now draw on precedent from a recent Washington state appellate decision holding that state antidiscrimination law forbids homeowners associations from biased enforcement of their rules, common-interest communities should immediately work to mitigate their expanded exposure to postsale fair housing liability, says Brett Sullivan at Fennemore.

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