Appellate

  • September 18, 2026

    9th Circ. Says Missed Removal Notice Violated Due Process

    A split Ninth Circuit ruled Friday that the government violated a Mexican native's due process rights when it ordered his deportation for missing an immigration hearing, saying it was wrong to rely on a residential address relatives provided on a bond form.

  • September 18, 2026

    11th Circ. Won't Revive Bias Suit Against Lockheed Martin

    The Eleventh Circuit on Friday refused to revive a former employee's discrimination suit against Lockheed Martin, saying a lower court rightly tossed the case after the worker failed to comply with discovery obligations and multiple court orders.

  • September 18, 2026

    Mass. Court Upholds Troopers' Firings Under Vax Order

    Massachusetts' intermediate appellate court on Friday affirmed the firings of 13 state police troopers who failed to get COVID-19 vaccinations in 2021, finding that disciplinary decisions were not subject to an arbitration clause in their union contract.

  • September 18, 2026

    3rd Circ. Refuses To Pause Daniel's Law Cases Amid Appeal

    The Third Circuit on Friday refused to pause discovery in consolidated litigation accusing data brokers of violating New Jersey's judicial privacy statute, known as Daniel's Law, while it considers a First Amendment challenge to the statute.

  • September 18, 2026

    Ex-Wis. Judge Keeps License Amid ICE Conviction Appeal

    The ex-Wisconsin judge convicted of obstructing an ICE arrest will remain an attorney in good standing while she appeals, after the Supreme Court of Wisconsin declined to suspend her law license.

  • September 18, 2026

    4th Circ. Weighs DEA Power To Classify HHC Schedule I

    A Fourth Circuit panel Friday appeared skeptical of the rationale the U.S. Drug Enforcement Administration used to justify designating hexahydrocannabinol, or HHC, a psychoactive compound synthesized from hemp extracts, as a Schedule I substance.

  • September 18, 2026

    Immigration Board Overturns 2000 Inadmissibility Precedent

    An immigration appeals board has affirmed a deportation order for a Nicaraguan national convicted of using an unauthorized access device and identity theft, and held any noncitizen with an aggravated felony conviction is inadmissible to the U.S. as someone ineligible for citizenship, overturning a 26-year-old precedent.

  • September 18, 2026

    6th Circ. Undoes Ky. State Court Remand Of PBM Fight

    The Sixth Circuit on Friday ruled that Kentucky's lawsuit accusing pharmacy benefit managers of conspiring with drug manufacturers to increase the prescription opioid supply belongs in federal court, given the appellate court's precedential ruling from January reversing remand of another state's dispute against PBMs.

  • September 18, 2026

    Ga. High Court Stays Out Of Uber CEO Deposition Battle

    The Georgia Supreme Court rejected Uber's bid for review of trial court order refusing to block the deposition of the ride-hailing giant's CEO in a personal injury case, though several justices signed on to a concurrence that called the lower court's ruling "seriously flawed."

  • September 18, 2026

    Ala. Executes Prisoner Who Challenged State's Methods

    Jeffery Lee, a 49-year-old Alabama prisoner on death row who had elected to be executed via nitrogen gas — a method a federal judge found earlier this year would violate his constitutional rights — was executed by lethal injection Thursday evening, after the U.S. Supreme Court denied his bid for an emergency stay.

  • September 18, 2026

    Mass. High Court Again Upholds Housing Density Law

    A controversial law that requires towns served by the Boston metro area's public transit system to allow greater housing density survived another legal challenge Friday, as Massachusetts' highest court affirmed the measure does not conflict with the state constitution.

  • September 17, 2026

    Universities May Want To Put NPE Clauses In IP Licenses

    The Federal Circuit's holding on Monday that a patent license between Texas A&M University and a failed startup remained active after the company became a patent assertion entity will require universities to determine early on how they want their patents used, attorneys say.

  • September 17, 2026

    AI Flubs, More Secure PACER Get Judiciary Forum Spotlight

    Misuse of artificial intelligence tools and a "state-of-the-art" revamp of electronic dockets in federal cases were among the hottest topics Thursday at a major meeting of judiciary leaders, who also heard a lawmaker warn of eroding trust in the U.S. Department of Justice.

  • September 17, 2026

    Opioid MDL Judge Fears 'Chaos' If PBMs Derail 100s Of Suits

    The federal judge steering multidistrict opioid litigation is lacing into major pharmacy benefit managers for asking the Sixth Circuit to abruptly reverse a key ruling, denouncing their "spurious insinuations" about his motives and warning of disarray if they successfully break up the MDL's consolidated suits.

  • September 17, 2026

    Texas Appeals Court Seeks Clarity On Fulfillment Center Tax

    A Texas appeals court on Thursday seemed to think the state's comptroller isn't being clear regarding how fulfillment centers pay sales taxes, with one justice saying uncertainty over a new rule would create "a problem for businesses."

  • September 17, 2026

    DC Judge Scolds Feds Over Delays In VLSI's FOIA Fight

    A D.C. federal judge on Thursday granted the government a second extension to respond to VLSI's summary judgment motion in litigation over redactions to a "whistleblower" report, but chastised the feds over a "lack of prioritization and commitment" to the court's deadlines.

  • September 17, 2026

    $107M Union Carbide Asbestos Verdict Won't Be Revived

    A California appeals court on Wednesday affirmed a lower court's order for a new trial in an asbestos wrongful-death suit that produced a $107 million verdict, holding that substantial evidence supported the jury's findings against Union Carbide Corp. and a subcontractor.

  • September 17, 2026

    Wash. High Court Strikes Down Natural Gas Voter Initiative

    The Washington State Supreme Court has invalidated a voter-approved initiative barring local governments and building code officials from adopting rules to discourage natural gas use, ruling in a 6-3 decision Thursday that it violates a provision of the state constitution limiting legislative measures to a single subject.

  • September 17, 2026

    2nd Circ. Pauses Nielsen Order In Cumulus Tying Case

    The Second Circuit has put on hold a preliminary injunction ordering the Nielsen Co. to offer its national ratings data separate from its local offerings after the company argued that the lower court changed the terms of the injunction after the Second Circuit approved it the first time.

  • September 17, 2026

    9th Circ. Revives Laos' $5M Enforcement Bid In Casino Case

    The Ninth Circuit on Thursday revived the government of Laos' bid to enforce some $5 million in arbitral awards against an entrepreneur who was not party to an underlying arbitration stemming from an ill-fated casino venture, saying a lower court should have taken a closer look at the government's arguments.

  • September 17, 2026

    Appeals Court Skeptical Biz Court Is Wrong Place For Perot Suit

    Texas appellate judges seemed skeptical Thursday of a Dallas businessman's claim that the Texas Business Court doesn't have jurisdiction over his multimillion-dollar suit against Ross Perot Jr., saying the money at stake seems to make the case a fit for the Business Court.

  • September 17, 2026

    Texas Court Lets NC Bishop's Confession Testimony Stand

    The Texas Court of Criminal Appeals declined to review a ruling that affirmed the admission of a North Carolina bishop's testimony about a man's murder confession, prompting a pointed dissent Thursday over a lower court's application of another state's law.

  • September 17, 2026

    NFL Agent Blocked From Defending Poaching Suit, 3rd Circ. Told

    Counsel for NFL agent Todd France told a Third Circuit panel Thursday that his client was deprived of the opportunity to fight allegations that he poached another agent's client, asking the court to vacate an $810,846 arbitration award against him.

  • September 17, 2026

    7th Circ. Questions Illinois' Out-Of-State Liquor Delivery Ban

    The Seventh Circuit seemed unsure Thursday whether it should back a district court decision tossing two wine collectors' constitutional claim against an Illinois law barring out-of-state retailers delivering alcohol to in-state customers, questioning the state's underlying reasoning for the ban.

  • September 17, 2026

    NY Urges 2nd Circ. To Halt DOT Efforts Vs. Congestion Pricing

    New York transportation agencies have urged the Second Circuit to shut down the Trump administration's continued efforts to eliminate congestion pricing, saying the federal government doesn't have free rein to renege on cooperative agreements without justification.

Expert Analysis

  • 'Skinny Label' Arguments Spotlight Induced Infringement Risk

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    Recent oral arguments before the U.S. Supreme Court in Hikma Pharmaceuticals v. Amarin Pharma highlight the uncertain boundary between lawful generic competition through so-called skinny labels and induced patent infringement, with potential implications for patent holders’ communication, enforcement and causation strategies across industries, says Anton Hopen at Trenam.

  • A Framework For Habeas Relief After 5th Circ. Bond Ruling

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    Following the Fifth Circuit’s recent Buenrostro-Mendez v. Bondi decision foreclosing statutory bond for detained nonimmigrants not deemed admitted to the U.S., lawyers should adopt a framework that requests habeas relief pursuant to the Fifth Amendment’s due process clause, says Kemal Hepsen at Mandamus Lawyers.

  • 4th Circ. Ruling Will Rewrite Class Action Litigation Strategies

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    The Fourth Circuit's recent decision in Oliver v. Navy Federal Credit Union is the first from a federal circuit court to hold that motions to strike are inappropriate vehicles for challenging class allegations at the pleading stage, invalidating a tactic that had been used for decades, says Jim Francis at Francis Mailman.

  • Startup Founder Disputes Increasingly Turn On Governance

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    Recent Delaware developments suggest that as courts place increasing emphasis on board process, independence and oversight in founder-led startups, the growing intersection of governance, technology risk and investor oversight is accelerating both the emergence and escalation of founder disputes, says mediator Frank Burke.

  • 3 AI Adoption Mistakes GCs Should Avoid

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    The pressure in-house legal teams face to quickly adopt artificial intelligence tools, combined with budget constraints and the need to evaluate a crowded market of options, sets the stage for implementation mistakes that are often difficult to undo, says former 23andMe general counsel Guy Chayoun.

  • Series

    Playing Basketball Makes Me A Better Lawyer

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    My grandfather used to say "I wear your jersey" as shorthand for wholly committing to support someone with loyalty and integrity — ideals that have shaped my life on the basketball court and in legal practice, says Tracy Schimelfenig at Schimelfenig Legal.

  • Salt-N-Pepa Suit May Shake Up Music Copyright Issue

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    James v. UMG Recordings is a copyright termination rights case that provides an opportunity for the Second Circuit to make concrete choices about grant language, authorship, work-for-hire status and survival of derivative works, says attorney Abdul Abdullahi.

  • Opinion

    5th Circ.'s Abortion Pill Order Is Shaky On Multiple Grounds

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    The Fifth Circuit's recent order in Louisiana v. U.S. Food and Drug Administration, reinstating an in-person dispensing requirement for the abortion medication mifepristone, seems to turn federalism upside-down, and is also questionable for several other reasons, says Gregory Curtner at Curtner Law.

  • Series

    The Biz Court Digest: Georgia Court Has Business On Its Mind

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    Thanks to recent legislation, the Georgia State-wide Business Court will soon offer business litigants greater access to the court than ever before, further enhancing the court's emphasis on efficiency, predictability and accessibility for sophisticated commercial disputes, says former GSBC judge Walt Davis at Jones Day.

  • 5 Takeaways From Justices' Subpoena Fight Ruling

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    The U.S. Supreme Court's recent decision in First Choice v. Davenport fortifies a line of First Amendment associational privacy cases stretching back nearly 70 years, and ensures that organizations subject to government demands for donor information have a meaningful federal forum in which to defend their constitutional rights, say attorneys at DLA Piper.

  • 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.

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