Appellate

  • October 23, 2026

    DC Circ. Lets 1929 Census Descendants Join Miwok Vote

    The D.C. Circuit allowed descendants of people listed in a 1929 census of local Native Americans to have a say in the California Valley Miwok Tribe's constitution and bylaws Friday, rejecting a rival faction's bid to restrict the process to a smaller group and settling — for now — a decades-long fight tied to state gaming funds.

  • October 23, 2026

    Feds Want Grant Ruling Foiling Priorities Stayed For Appeal

    The Trump administration asked a Massachusetts federal judge to pause a decision declaring that a grant termination clause does not allow agencies to scrap awards not aligned with its new priorities, claiming it is likely to prevail in a First Circuit appeal.

  • October 23, 2026

    Verisk Must Pursue $2.35B AccuLynx Deal, Del. Court Says

    The Delaware Supreme Court on Friday upheld a ruling that Verisk Analytics Inc. improperly abandoned its $2.35 billion acquisition of roofing software company AccuLynx, leaving the data analytics company obligated to keep pursuing federal antitrust clearance and close the deal if regulators approve it.

  • October 23, 2026

    Pa. Panel Finds Delays Doom Demand To Widen Private Road

    A Pennsylvania township can't make a developer spend $1.2 million widening a private access road because it had ignored the road's alleged noncompliance with the town's code for nearly 20 years, a state appellate court panel said Friday.

  • October 23, 2026

    Atty Beats Contempt For Not Identifying Herself In Ga. Court

    The Georgia Court of Appeals has tossed a contempt order against a Fenwick & West LLP attorney for not identifying herself at a hearing she attended on behalf of an interested nonparty where confidential documents were displayed, saying the presiding judge "did not clearly and definitely inform" her that she needed to do so.

  • October 23, 2026

    Loan Dispute Axed By Mass. Panel Over 2-Year Service Delay

    A Massachusetts appellate panel threw out a judgment against a woman for defaulting on a mortgage loan Friday because it took the lender more than two years to serve the complaint.

  • October 23, 2026

    Insurer Can't Exit Captive Carrier Fight, NC Justices Rule

    The North Carolina Supreme Court on Friday backed a state Business Court decision denying a Georgia insurance company's bid to dismiss third-party claims brought against it in a shareholder dispute over the demise of a defunct captive insurer.

  • October 23, 2026

    9th Circ. Fast-Tracks Trump Admin's Student Speech Appeal

    The Ninth Circuit granted the Trump administration's request to expedite its appeal of an August district court's ruling in a suit brought by the Stanford Daily newspaper that the federal government effort to deport foreign students over their pro-Palestinian speech is unconstitutional.

  • October 22, 2026

    'Grave Errors': 5th Circ. Boots Judge After AI 'Botch Job'

    A Mississippi federal judge's careless use of artificial intelligence tools led to "sloppy edicts" riddled with "falsehoods and fabrications," the Fifth Circuit held in a Thursday night opinion removing the judge from litigation over an anti-DEI law in the Magnolia State because of his "extraordinarily grave errors."

  • October 22, 2026

    8th Circ. Told EPA Misread Aquifer Rule For SD Uranium Mine

    Opponents of a proposed uranium mine in South Dakota told the Eighth Circuit that the U.S. Environmental Protection Agency did not deserve judicial deference regarding its reasons for exempting an aquifer from Safe Drinking Water Act protections.

  • October 22, 2026

    Feds Ask 9th Circ. To Scrap Migrant Kids' Legal Aid Injunction

    The federal government urged a Ninth Circuit panel on Thursday to let the Trump administration end legal services programs for unaccompanied immigrant minors, arguing the case is a contract dispute the court lacks authority over and the lower court is "micromanaging" the government, which "should end."

  • October 22, 2026

    5th Circ. Says Feds Liable For Hostage Death, But Cuts Award

    A Fifth Circuit panel has affirmed the government's Federal Tort Claims Act liability for the death of a kidnapping victim who was shot by an FBI agent, but held that a district court judge erred in increasing the damages award to the victim's family after the government challenged the attorney fees.

  • October 22, 2026

    Reed Smith Seeks 2nd Circ. Emergency Stay In Eletson Row

    Reed Smith urged the Second Circuit in an emergency motion to pause lower court decisions requiring the firm to turn over client files related to shipping company Eletson, saying the courts have "presumed the outcome" of a bankruptcy appeal before scheduled December oral arguments.

  • October 22, 2026

    Investor Says $68M Bulgaria Award Can't Be Nixed

    A renewable energy investor asked the D.C. Circuit to enforce a €61 million ($68 million) arbitral award it won from Bulgaria, arguing Bulgaria's accession to the European Union did not render the treaty under which that award was granted inapplicable.

  • October 22, 2026

    States Ask DC Circ. To Ban Google From Paying To Be Default

    If the D.C. Circuit doesn't ban Google from paying to be the default search engine on people's cellphones after it was found to have illegally maintained a monopoly, state enforcers say the tech titan will remain "free to buy tomorrow's defaults with the fruits of yesterday's anticompetitive conduct."

  • October 22, 2026

    Colo. Justices Skeptical Of Facility's COVID-Tied Coverage Bid

    Colorado justices expressed skepticism Thursday toward a retirement facility owner's bid for the high court to find it's owed coverage for physical damage losses sustained early in the pandemic, pressing counsel on what physical injury COVID-19 caused to the facility's property.

  • October 22, 2026

    6th Circ. Says Gang Member Can't Nix Group Chat Warrant

    The Sixth Circuit has ruled that a man convicted for his role in a gang kidnapping did not have a reasonable expectation of privacy in an Instagram group chat log seized from another street gang member, so he could not challenge search warrants for other members' social media accounts.

  • October 22, 2026

    Aeropostale Shopper Can Amend Discount Suit, 9th Circ. Says

    A divided Ninth Circuit panel gave an Aeropostale customer another chance to lay out her claim that the clothing brand's allegedly false discount scheme violated Washington state law, ruling in an unpublished opinion Wednesday that the customer can amend her complaint that she paid too much for a pair of leggings.

  • October 22, 2026

    X Wins Reversal Of $8.3M Boulder Office Rent Judgment

    A Colorado Court of Appeals panel unanimously reversed an $8.3 million judgment against social media company X Corp. in favor of its former landlord after the panel found Thursday that the lower court incorrectly interpreted a contract provision outlining the distribution of a nearly $5.8 million tenant improvement allowance.

  • October 22, 2026

    Roundup MDL Atty Fund 'Cries Out' For Review, 9th Circ. Told

    Plaintiffs' firms urged the Ninth Circuit to reverse a ruling Thursday requiring them to contribute 8% of their recovery fees to a common benefit fund in multidistrict litigation over Monsanto's Roundup weed killer, arguing the judge ignored a special master's recommendation and the issue "cries out for some appellate supervision."

  • October 22, 2026

    Conn. Justices Seek To Define 'In Custody' For Habeas Cases

    The Connecticut Supreme Court wrestled Thursday with the definition of the term "in custody" for purposes of habeas jurisdiction, with multiple justices asking the state to clarify when a person's liberty has been restricted enough that a judge can hear his or her claims for relief.

  • October 22, 2026

    BNSF Can Keep Trial Win In Worker Injury Suit, Panel Says

    A Missouri appellate court on Wednesday affirmed a defense verdict for BNSF in an injury lawsuit accusing the railroad of causing a worker's injury through negligence, saying certain jury instructions were not improper.

  • October 22, 2026

    Voltage Can't Keep Shoals ITC Appeal Alive At Fed. Circ.

    The Federal Circuit on Thursday allowed Shoals Technologies Group LLC to drop its appeal of a U.S. International Trade Commission decision that Voltage LLC didn't infringe its solar power patent after prevailing in another case, even though Voltage opposed the dismissal request.

  • October 22, 2026

    9th Circ. Affirms Verdict Clearing Shyamalan Of Infringement

    The Ninth Circuit on Thursday upheld a jury's decision clearing Apple Inc. and filmmaker M. Night Shyamalan of allegations that they stole an independent filmmaker's work for the Apple TV show "Servant," rejecting arguments of improper jury instructions.

  • October 22, 2026

    6th Circ. Weighs Ford's $13M Trade Secrets Verdict

    A panel of the Sixth Circuit on Thursday questioned whether Ford should have to surrender $13.2 million in profits from a vehicle interface module after a jury found the automaker misappropriated a supplier's trade secrets, pressing attorneys on whether the award improperly included profits generated by features unrelated to the disputed technology.

Expert Analysis

  • Tips For Employers As Calif. Court Limits Harassment Liability

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    Doe v. Wells Fargo appears to be the first published California appellate decision to determine that the harasser must have supervisory authority over the plaintiff to trigger strict liability, underscoring the value of accurately documenting job roles and reporting lines, says Ellen Connelly Cohen at Call & Jensen.

  • What CMS Audit Rule Means For Medicare Advantage Plans

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    Despite ongoing legal challenges, the Centers for Medicare & Medicaid Services is moving forward with implementation of its risk adjustment data validation audits, raising statistical concerns around overpayments indicated by variance in unbalanced samples, say Stephen Fink, Brad Rice and Igor Karagodsky at Analysis Group.

  • SEC's Insider Trading Duty Rule May Face Loper Bright Test

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    In U.S. v. Jennings, pending in New Jersey federal court, the defense has an opportunity to challenge the rule defining the boundaries of the misappropriation theory of insider trading under Loper Bright, as the only litigated case testing the rule's limits relied on Chevron deference, say attorneys at O'Melveny.

  • What's At Stake As Justices Rethink Sentencing Commentary

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    Tuesday’s oral arguments before the U.S. Supreme Court in Beaird v. U.S. highlighted the tension between preserving sentencing consistency and limiting the authority of sentencing guidelines commentary, and a decision favoring the latter could significantly reduce sentencing exposure for white collar defendants, say attorneys at Baker Donelson.

  • Bankruptcy Deadlines, Concessions Can Decide Lien Priority

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    The Fifth Circuit's recent decision in Adler v. Energy Debt Holdings warns buyers of secured claims to watch for binding concessions in earlier proceedings and court-imposed lien challenge deadlines, says Jennifer Maleski at Dilworth Paxson.

  • What Lawyers Should Know Before Accepting Crypto Payment

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    As clients increasingly request to pay legal fees, retainers and escrow funds using cryptocurrency, lawyers should consider how only a handful of state bar authorities have addressed the issue with varying ethics opinions, as well as the related questions that no authority has yet answered, says attorney Felix Shipkevich.

  • Battles Over Murky Mineral Rights Stymie Pa. Energy Projects

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    Legal wrangling over a recently passed Pennsylvania law could affect billions of dollars of mineral royalty payments, the status of subsurface property rights in the state and the ability of the Legislature to pass retroactive legislation that affects those rights, say attorneys at Flaster Greenberg.

  • Mo. Official's Indictment Tests Limits Of Federal Bribery Laws

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    The recent bribery charges filed against a Missouri county executive raise questions about whether field-clearing conversations and job offers between rival candidates can rise to the level of illegal quid pro quos, potentially muddying the line between politics as usual and the federal bribery statutes, say attorneys at ArentFox Schiff.

  • Fighting Class Cert. In Wash. False Email Promo Cases

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    Retailers facing a recent wave of class actions alleging their email promotions violated the Washington Commercial Electronic Mail Act may be able to demonstrate that sending individualized, customer-specific messages produced experiences too diverse to be adjudicated on a classwide basis, say attorneys at Benesch.

  • Calif. Decision Shows Limits Of Self-Serving Testimony

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    A California appellate court's recent opinion in a dispute between two home renovation partners is a reminder that where there are admissions or undisputed documentary evidence, litigants need more than self-serving testimony to overcome summary judgment, says Tyler Palmer at Tucker Ellis.

  • Where The 3 Prediction Market Appellate Rulings Diverge

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    Although the recent Third, Sixth and Ninth Circuit opinions concerning prediction markets overlap on some issues, they differ on key statutory questions, deepening a circuit split over both the classification of sports event contracts and the scope of federal preemption, says Levi Giovanetto at Sheppard.

  • Health Plan Takeaways After 2nd Circ. No Surprises Act Ruling

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    While the Second Circuit's recent ruling in East Coast Advanced Plastic Surgery v. Cigna gives health plans breathing room in finding that healthcare providers cannot enforce out-of-network billing dispute resolution awards in court, sponsors should not assume that declining to pay awards will go unaddressed by regulators, say attorneys at Thompson Hine.

  • 8th Circ. Ruling Limits Receiver Insurance Recovery Rights

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    The Eighth Circuit's recent ruling in King v. Texas Insurance illustrates a practical limit on receivership powers: A receiver may marshal insurance proceeds belonging to the estate but cannot expand the insured's contractual rights or make policy proceeds collectible unless the coverage triggers are satisfied, say attorneys at Kutak Rock.

  • Series

    Mentalism Makes Me A Better Lawyer

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    Convincing strangers I can read their minds may seem like an unusual second career for a legal practitioner, but both disciplines share several important requirements, including trust and preparation, says Warren Biro at Manatt.

  • Perspectives

    Illinois Should Vacate Convictions Tainted By Racist Counsel

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    After the Illinois Supreme Court’s recent suspension of a public defender’s law license over racist online threats, prosecutors should move to vacate the convictions of every Black client he represented, as an attorney’s racial animus is a serious conflict of interest akin to structural error, says Adam Murphy at Fordham Law.

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