Appellate

  • October 19, 2026

    5th Circ. Says Texas Can Block China-Linked Energy Deal

    The Fifth Circuit has affirmed an order dismissing a suit from the subsidiary of a Chinese company over the blockage of its investment into Texas energy grid assets, finding that federal regulations don't preempt a state law blocking energy investments by China and other countries.

  • October 19, 2026

    9th Circ. Renews Coverage Suit Under Ariz. 'Fortuity' Test

    The Ninth Circuit has revived a landlord's suit seeking coverage for $2.7 million in water damage after the Arizona Supreme Court for the first time defined a "fortuitous loss" in an insurance policy in response to a certified question.

  • October 19, 2026

    Full Fed. Circ. Won't Revive Insulet's $59M Trade Secrets Win

    The Federal Circuit will not reinstate a jury's $59.4 million trade secret theft verdict against EOFlow Co. Ltd., rejecting insulin product developer Insulet Corp.'s request for rehearing of a panel decision overturning the award.

  • October 19, 2026

    BREAKING: Khalil Asks Justices To Review His Right To Habeas

    Former Columbia University student Mahmoud Khalil asked the U.S. Supreme Court on Monday to decide whether district courts have authority to hear constitutional challenges to immigration detention through habeas corpus petitions.

  • October 19, 2026

    What The Justices Won't Hear: A Roundup Of Cert Denials

    The U.S. Supreme Court declined to take up cases from Google, a U.S. Navy contractor, and other appellate hopefuls on Monday, according to an order list.

  • October 19, 2026

    Ga. High Court Won't Hear Oral Args In Judge's Ethics Case

    The Georgia Supreme Court has denied a request to hold oral arguments for a probate court judge facing ethics charges for delaying several cases.

  • October 19, 2026

    US Seeks High Court Argument Time In Arizona Voter ID Fight

    The federal government is asking the high court to allow it to argue in favor of the Republican National Committee's bid to reverse a Ninth Circuit decision over two Arizona voting laws, saying it has a substantial interest in federal voting laws and their proper interpretation.

  • October 19, 2026

    Supreme Court To Tackle Admissions Bias Circuit Split

    The U.S. Supreme Court said Monday that it will decide what type of evidence is needed to claim facially neutral admissions policies are racially discriminatory, after turning away two similar cases in the three years since the justices barred the use of affirmative action in higher education.

  • October 19, 2026

    4 Justices Sit Out Appeal, Leaving Copyright Ruling Intact

    The U.S. Supreme Court on Monday left intact a far-reaching Fifth Circuit ruling holding that U.S. copyright termination can recapture foreign rights conveyed in a worldwide grant, not by denying an appeal from major music publishers, but because four justices sat out and left the court without enough members to hear the case.

  • October 19, 2026

    Psilocybin Church Leader Asks 10th Circ. To Redo Ruling

    The founder of a Utah church that uses psilocybin in its practices is asking the Tenth Circuit for an en banc rehearing of a decision allowing officials to prosecute him and the church for drug use, saying the decision violates the First Amendment right to free exercise of religion.

  • October 19, 2026

    Justices Won't Test NLRB Firing Protections After Slaughter

    The U.S. Supreme Court on Monday turned away former National Labor Relations Board member Gwynne Wilcox's challenge to a split D.C. Circuit ruling allowing her firing, declining to ponder whether board members' job protections survived last term's decision in Trump v. Slaughter. 

  • October 19, 2026

    High Court To Mull Home Distilling Ban Following Circuit Split

    The U.S. Supreme Court on Monday agreed to take up a case on the federal tax code's ban on distilling whiskey at home after the Fifth Circuit found the ban unconstitutional but the Sixth Circuit upheld the ban.

  • October 19, 2026

    High Court Won't Settle Circ. Split Over Automatic Stays

    The U.S. Supreme Court on Monday refused to take up a petition asking it to resolve a circuit split over whether state-level proceedings should be automatically stayed during appeals of orders remanding cases from federal to state court.

  • October 19, 2026

    High Court Denies Review Of Navy Contract Termination Suit

    The U.S. Supreme Court on Monday declined to consider a federal contractor's dispute over the Navy's early termination of a fixed-price agreement due to staffing failures, after an appellate panel determined that the government had a right to cancel the contract for default.

  • October 19, 2026

    Justices Remand 3rd Circ. Arbitration Ruling

    The U.S. Supreme Court on Monday vacated and remanded a Third Circuit decision dismissing on jurisdictional grounds a bid by litigation funder Burford Capital to arbitrate a dispute relating to German antitrust litigation.

  • October 19, 2026

    Justices Want SG's Input On Block Of Iowa Immigration Law

    The U.S. Supreme Court on Monday called for the solicitor general's view on whether Iowa can implement a law allowing state officials to arrest previously deported noncitizens and requiring state judges to order that those individuals must leave the U.S.

  • October 19, 2026

    Justices Won't Take Up Fired Black Counselor's Bias Suit

    The U.S. Supreme Court refused Monday to review the dismissal of a Black career counselor's race bias suit alleging a government contractor that aids veterans fired her out of discrimination, declining an invitation to revisit an evidentiary framework set in a landmark 1973 ruling.

  • October 19, 2026

    Justices Reject 9/11 Plea Deals

    The U.S. Supreme Court on Monday declined to tackle two cases challenging former Defense Secretary Lloyd Austin's decision to yank back plea deals that had already been inked with three 9/11 co-conspirators.

  • October 19, 2026

    High Court Won't Hear Google's 'Settled Expectations' Case

    The U.S. Supreme Court on Monday refused to take up a case in which Google argued that the U.S. Patent and Trademark Office has exceeded its authority by using the age of patents as a reason to refuse to review them.

  • October 19, 2026

    Justices Won't Hear Challenge To Chicago Towing Practices

    The U.S. Supreme Court refused on Monday to take up the constitutionality of Chicago's vehicle booting, towing, impounding and disposal practices, with two justices expressing "serious concerns" over the idea of leaving the Seventh Circuit's blessing in place.

  • October 19, 2026

    High Court Skips Blackbeard Shipwreck Copyright Clash

    The U.S. Supreme Court on Monday declined to hear a videographer's long-running copyright case over photos and videos they took of the famous pirate Blackbeard's shipwreck off the coast of North Carolina.

  • October 19, 2026

    Justices Decline To Consider Police Raid Takings Circuit Split

    The U.S. Supreme Court declined Monday to review a pair of cases that ask whether there is a police power exemption to the Fifth Amendment's takings clause, a question that has fractured the lower courts.

  • October 16, 2026

    2nd Circ. Denies Rehearing In Tylenol Autism Suits

    The Second Circuit on Friday denied a bid by Tylenol maker Kenvue and several retailers to reconsider its ruling that a district court improperly excluded expert testimony for plaintiffs who claim prenatal exposure to the over-the-counter pain reliever causes autism and ADHD.

  • October 16, 2026

    Texas Court Tosses $60M Security Guard Scuffle Verdict

    A Texas appeals court Friday tossed a roughly $60 million verdict and castigated the trial court for creating a record "rife with error" after the lower court wrongly included several corporate entities in a judgment relating to a scuffle between a security guard and a patron.

  • October 16, 2026

    Fla. High Court Says 'COVID Brain' Can't Excuse Atty Blunder

    The Florida Supreme Court found an attorney guilty of misconduct over his lack of candor when questioned about an interaction with his own witness in a paternity trial, saying there's no way "COVID brain" caused him to violate a sequestration rule and lie to a judge. 

Expert Analysis

  • 5 Prediction Market Queries For Every League, Athletic Dept.

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    The NFL's recent amicus brief urging the U.S. Supreme Court to resolve a circuit split over regulating prediction markets and operators like Kalshi raises important, enterprisewide governance questions for leagues, teams and athletic departments, and highlights that regulatory oversight and institutional integrity are related but distinct, say attorneys at Robins Kaplan.

  • 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.

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