Appellate

  • September 22, 2026

    Trump Admin Asks Justices To Curb Noncitizen Habeas Relief

    The Trump administration implored the U.S. Supreme Court to cure a circuit split over noncitizens filing habeas petitions to challenge their detention during pending removal proceedings, warning of "intolerable disuniformity" in how the Immigration and Nationality Act is administered.

  • September 22, 2026

    Christmas Tree Co. Must Face Claims Over Deal with Amazon

    The Eleventh Circuit has revived an antitrust claim alleging National Christmas Products entered into agreements with Amazon in 2020 that inflated the prices of artificial Christmas trees.

  • September 22, 2026

    Atty Urges 4th Circ. To Reverse Liability For Client's Taxes

    A Baltimore attorney asked the Fourth Circuit to reverse a lower court's order that he cover unpaid federal income taxes owed by his client's holding company, saying he didn't engage in self-dealing.

  • September 22, 2026

    DC Circ. Nixes Congressional Veto Over Capitol Protests

    A D.C. Circuit panel on Tuesday deemed regulations barring demonstrations on the U.S. Capitol building's Eastern steps without a congressional sponsor unconstitutional, holding that the government cannot "pick and choose" who gets to use the space for protected speech.

  • September 22, 2026

    8th Circ. Asked To Nix Fraud Tax Credit Suit, $90M Judgment

    A man accused of helping form a sham limited liability company that fraudulently received millions in alternative fuel mixture tax credits asked the Eighth Circuit on Tuesday to reverse a judgment of more than $90 million against him, saying he shouldn't be personally liable for the company's conduct.

  • September 22, 2026

    DOJ Says Fired NCUA Members Aren't Like Fed Officials

    The U.S. Department of Justice is urging the D.C. Circuit to reverse a district court order reinstating ousted National Credit Union Administration board members, arguing Congress didn't impose presidential removal restrictions on the NCUA and that the agency isn't analogous to the Federal Reserve.

  • September 22, 2026

    Fla. Court Nixes Prison Term Over Missed Curfew Check

    A Florida appeals court on Friday ruled that a man should not be incarcerated for a probation violation because there was insufficient evidence to prove that he was not actually home after his curfew.

  • September 22, 2026

    Texas Appeals Court Undoes $3.5M Apartment Murder Verdict

    A Texas appellate court on Tuesday dismissed a $3.5 million judgment and ordered a new trial in a suit accusing a Houston apartment complex of negligently causing a robbery victim's murder, saying the lower court should have let the jury consider the alleged murderers' culpability.

  • September 22, 2026

    Del. High Court Upholds Permanent Absentee Voting Law

    The Delaware Supreme Court has preserved the state's permanent absentee voting law, rejecting two state Senate candidates' argument that the system violates the Delaware Constitution by allowing voters to automatically receive absentee ballots in future elections without reestablishing their eligibility each time.

  • September 22, 2026

    3rd Time's A Charm As Netflix Gets PTAB To Ax DivX Patent

    The Patent Trial and Appeal Board has ruled that Netflix was able to show that all the claims in a DivX streaming patent were invalid, following two previous decisions to the contrary and two trips to the Federal Circuit.

  • September 22, 2026

    Flyers Tell 9th Circ. Alaska-Hawaiian Merger Eroding Service

    Airline customers have told the Ninth Circuit that Alaska Airlines' 2024 acquisition of Hawaiian Airlines eroded consumer choice on numerous routes, and that a district court improperly dismissed their antitrust lawsuit with premature and flawed findings that cannot be allowed to stand.

  • September 22, 2026

    Centripetal Asks Justices To Revive $2.6B Cisco Patent Case

    Centripetal Networks LLC has told the U.S. Supreme Court that a decision clearing Cisco Systems Inc. of infringing its cybersecurity patents in a $2.6 billion case was wrongly based on a new claim construction that a judge entered late in the case, without letting Centripetal respond.

  • September 22, 2026

    DC Circ. Says Copyright Board Must Explain Allocations

    The D.C. Circuit on Tuesday threw out a judicial copyright board's decision on how it divided cable retransmission payments from 2014 through 2017, faulting it for how it did a final step in determining allocations among claimants.

  • September 22, 2026

    Flyer Says Justices Must Hear CrowdStrike Tech-Outage Suit

    An airline passenger is asking the U.S. Supreme Court to hear his proposed class action against CrowdStrike Inc. over expenses and injuries resulting from a 2024 tech outage, saying the justices need to resolve a widening circuit split on the scope of the Airline Deregulation Act.

  • September 22, 2026

    Ga. Justices Mull Reviving Injury Firm Client Solicitation Suit

    Georgia's justices pressed a personal injury law firm Tuesday on whether an attorney's racketeering case accusing it of using confidential crash reports to land clients was rightly dismissed, hinting that the lower courts might have held the claims to too high a bar.

  • September 22, 2026

    Ga. Justices Say Missed Deadline Warrants Atty's Suspension

    Georgia's highest state court imposed a six-month suspension on an attorney because of his handling of a personal injury case, finding Tuesday he violated state rules by not filing required written expert reports and failed to pay for sanctions in a timely manner.

  • September 22, 2026

    1st Circ. Affirms Prison Term, Repayment In Med Bill Scheme

    The First Circuit affirmed a lower court's calculations behind a 99-month prison sentence and $6.5 million restitution order for a psychiatrist convicted of submitting $19 million in claims to insurers for thousands of sessions that never took place.

  • September 22, 2026

    Salt-N-Pepa Copyright Bid May Get New Life From 2nd Circ.

    A Second Circuit judge said Tuesday the New York federal judge who quickly dismissed Salt-N-Pepa's bid to reclaim music copyrights from Universal Music Group's UMG Recordings "was incorrect" to dismiss the hip-hop duo's lawsuit for at least two albums.

  • September 22, 2026

    Mass. Justices Grant New Trial In Fatal Parade Shooting

    Massachusetts' top court ordered a new trial Tuesday for a man accused of fatally shooting a bystander during a parade, ruling that trace amounts of gunshot residue found on his body were improperly admitted as evidence. 

  • September 22, 2026

    Fla. Justices Seek No-Pay Discipline In Judge's Ethics Case

    The Florida Supreme Court on Tuesday refused to sign off on a public reprimand and suspension for a state judge who admitted to ethics violations in connection with her election campaign, saying it would do so only if the suspension was without pay.

  • September 22, 2026

    Split Ga. High Court Dismisses Former Judge's Ethics Cases

    A split Georgia Supreme Court on Tuesday found that a former state judge committed several ethics violations, including wrongly jailing a witness in a divorce case, but tossed the charges because she resigned from the bench, although dissenting justices said the court should use its authority to discipline her.

  • September 22, 2026

    Womble Bond Can't Quit Dutch Client With TM Trial Looming

    Womble Bond Dickinson can't withdraw from a trademark feud that's dragged on for more than five years between U.S. and Dutch software companies, a North Carolina federal judge ruled, saying the firm's exit at this late stage "would be completely disruptive."

  • September 22, 2026

    Dispensary's Tax Deduction Properly Nixed, IRS Tells 9th Circ.

    The U.S. Tax Court correctly ruled that a San Francisco marijuana dispensary's expenses found to be tied to trafficking in controlled substances aren't deductible, the IRS told the Ninth Circuit, saying such a deduction shouldn't be allowed in determining an amount to settle the business's $3 million tax debt.

  • September 22, 2026

    NJ Justices Take On Atty DQ In Injury Cases After J&J Ruling

    New Jersey's Supreme Court has agreed to review the disqualification of an attorney from representing plaintiffs in several cases over injuries at Sky Zone trampoline parks after a trial court ruled the attorney's retention of a former company safety official as an expert could prejudice proceedings.

  • September 22, 2026

    Judge Sinks Patent Judgments Against Chilisin In Cyntec Suit

    A California federal judge has nullified judgments against Chilisin Electronics Corp. in a patent case from Cyntec Co. over Cyntec's failure to disclose an agreement to license a pair of its patents to Apple, while also agreeing to sanction Cyntec's counsel.

Expert Analysis

  • Turning To The Courts When PBM Reform Falls Short

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    The effectiveness of state laws intended to regulate pharmacy benefit managers remains uncertain, but litigation — utilizing tried-and-true theories like breach of contract and fair dealing — offers another mechanism through which stakeholders may seek relief from PBMs, say attorneys at Reed Smith.

  • Opinion

    Immigration Appeals Rule Would Prevent Meaningful Review

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    Justice Stephen Breyer’s book “Making Our Democracy Work” offers a useful lens through which to consider what is at stake for the Executive Office for Immigration Review's legitimacy as the government asks the D.C. Circuit to revive an interim final rule that would have fast-tracked decisions by Board of Immigration Appeals, says Tara Kennedy at Kennedy Law.

  • 2 'Rocket Dockets' And The Rules That Propel Them

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    The fastest civil trial courts in the country are currently in the Eastern District of Virginia and the Southern District of Florida, and their chief judges provide insights into the court rules that keep them ahead, says Robert Tata at Hunton.

  • Retailer Risk Reduction Tips As Email Marketing Suits Surge

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    Amid a flood of email marketing lawsuits following last year's Washington Supreme Court ruling in Brown v. Old Navy, retailers seeking to avoid high litigation costs can take several steps to reduce risks by focusing on their email subject lines advertising sales, says Gonzalo Mon at Kelley Drye.

  • Why Nuclear Licensees Must Watch 2nd Circ.'s Holtec Review

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    In reviewing a New York federal court's preemption ruling concerning disposal of nuclear materials, the Second Circuit must confront the lower court's recognition of a purpose-based path to field preemption, which could be game-changing for nuclear material licensees, says Andrew Averbach at Womble Bond.

  • Calif. Ruling Lowers Bar For Health Data Breach Claims

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    The California Supreme Court's ruling in J.M. v. Illuminate Education offers protection for non-healthcare companies that maintain health-related data but also adopts a new and more plaintiff-favorable standard for breach of confidentiality that companies maintaining any health-related data should address, say attorneys at Cooley.

  • Florida Atty Fees Ruling Could End Expert Testimony Mandate

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    For over 60 years, Florida appellate courts have required an evidentiary hearing and expert testimony to support the reasonableness of an attorney fee award, but the Florida Sixth District Court of Appeal's recent Ruffenach v. Deutsche Bank National Trust ruling could make substantive changes to this requirement, say attorneys at RumbergerKirk.

  • Texas Ruling Leaves Key Oil Royalty Question Unresolved

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    The Texas Supreme Court's recent decision in Fasken Oil and Ranch v. Puig clarifies that royalty reservations containing “free of cost forever” language do not bar deduction of post-production costs — but it leaves open whether prices producers report to royalty owners should reflect what unaffiliated buyers would pay, says Robert Foss at Hinds Feat Advisors.

  • Justices Widen Path For Confiscated Cuban Property Claims

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    For Americans holding claims to confiscated Cuban property, the U.S. Supreme Court’s recent decision in Havana Docks v. Royal Caribbean Cruises means that the expiration of their property interest is no longer a bar and that any company using such property is now a potential defendant, say attorneys at Bracewell.

  • Your Next Litigation Hold Should Cover AI Chat Logs

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    The Delaware Chancery Court’s recent decision in Fortis Advisors v. Krafton to treat a CEO’s artificial intelligence chats as substantive evidence is being read as a discovery warning to litigators, but there is a second duty-to-preserve lesson that is especially pertinent to in-house counsel, say attorneys at Faegre Drinker.

  • Opinion

    High Court's Abortion Pill Stay Reinforces Appellate Principles

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    The U.S. Supreme Court's recent order in Danco Laboratories v. Louisiana, staying a Fifth Circuit ruling that reinstated an in-person requirement for dispensing the abortion medicine mifepristone, should be seen not as a definitive ruling on reproductive rights, but as an affirmation of a more disciplined jurisdictional reality, says Daniel Nardo at Nardo & Associates.

  • Series

    Studying Foreign Languages Makes Me A Better Lawyer

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    Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

  • 6th Circ. Ruling Highlights Split On Labor Cost Depreciation

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    The Sixth Circuit's recent decision in Schoening Investment v. Cincinnati Casualty throws into relief the fine lines of courts' varying interpretations of whether a commercial property insurer may justifiably depreciate labor costs to determine the actual cash value of damage, says Nabila Rahim at Zelle.

  • 6th Circ. Ruling Broadest So Far In Wave Of Habeas Decisions

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    The Sixth Circuit’s recent opinion in Lopez-Campos v. Raycraft provides the most developed structural reasoning among rulings in a widening circuit split over mandatory detention after undocumented entry into the U.S., and supplies immigration practitioners a template for due process arguments in favor of habeas relief, says Kemal Hepsen at Mandamus Lawyers.

  • Opinion

    Murdaugh Reversal Masks Deeper Justice System Issues

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    The South Carolina Supreme Court's recent reversal of Alex Murdaugh's murder conviction leans heavily on improper jury influence by an ex-county clerk of court while underbilling other errors in the case, which are emblematic of larger issues with the justice system, says Barry Edwards at Fair Trial Analysis.

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