Appellate

  • October 21, 2026

    DHS Seeks High Court OK To Restart Big Bend Wall Project

    The U.S. Department of Homeland Security asked the U.S. Supreme Court on Wednesday to let the agency restart construction of the Big Bend border wall, saying the district court lacked jurisdiction to pause the project.

  • October 21, 2026

    Wrong Address Doesn't Invalidate Warrant, Mich. Court Says

    A Michigan state appellate court has ruled that a man's conviction on two counts of obstructing and resisting police is not moot just because the officers entered the man's home using an arrest warrant that had a different address.

  • October 21, 2026

    Deal Staves Off Trial In Snapchat Speed Filter Suit

    Snapchat's parent company and a Georgia man who alleged the app's speed filter feature contributed to a 2015 car wreck that left him seriously injured have reached a settlement, according to a court filing that came two weeks before their legal battle was slated for trial.

  • October 21, 2026

    NC Panel Affirms $10 Nominal Damages In Insurance Fight

    A split North Carolina appellate panel Wednesday affirmed $10 in nominal damages to a receiver in an insurance dispute, agreeing with a lower court that the receiver for a driver named in an injury suit did not show the driver suffered additional actual damages from the insurer's failure to defend.

  • October 21, 2026

    9th Circ. Judges Hint Hospital CBA May Mandate Arbitration

    A Ninth Circuit panel appeared receptive on Wednesday to Long Beach Memorial Medical Center's argument that a nurse should be forced to individually arbitrate proposed class break claims, with two judges suggesting that a union contract's repeated references to Golden State labor law bolster the hospital's position.

  • October 21, 2026

    Verisk Denies Fault For Canceled $2.35B AccuLynx Deal

    Verisk Analytics Inc. urged the Delaware Supreme Court on Wednesday to let it abandon its $2.35 billion acquisition of roofing software company AccuLynx, arguing a lower court wrongly blamed it for federal antitrust delays, while AccuLynx insisted the company must keep working to close the deal.

  • October 21, 2026

    Chinese Light Makers Reach Deal After $1.5M Patent Verdict

    Chinese company Jiaxing Super Lighting has reached a deal to end a patent lawsuit over LED tube lamp products after a Texas federal jury earlier this year awarded the business $1.5 million in damages for infringing one of its patents.

  • October 21, 2026

    Mich. Appeals Court Revives Hunting Shooting Suit

    A Michigan state appeals court has reinstated claims against a father and a farm that stem from a hunting accident that left a man with catastrophic injuries, ruling a jury should have decided whether the father was grossly negligent when he gave his son a shotgun despite knowing about his drinking problem and history of reckless behavior.

  • October 21, 2026

    2nd Circ. Says NYC Could Have Sped Up Man's Rikers Release

    The Second Circuit has revived a suit by a man held on Rikers Island for over seven years who alleged that inadequate procedures by the agency that runs the New York City jail kept him incarcerated for an extra 17 days.

  • October 21, 2026

    Trucking Group Tells DC Circ. Fee System Doesn't Deliver

    A trucking trade group is challenging the Federal Motor Carrier Safety Administration's interstate motor carrier fees for 2027, claiming in a new D.C. Circuit petition that the agency never lawfully established the fee-setting system by regulation.

  • October 21, 2026

    Ex-Arizona Recorder Urges High Court To Drop Voter ID Case

    A former recorder for Maricopa County, Arizona, says the Supreme Court should dismiss the Republican National Committee's challenge to two state voting laws as improvidently granted, telling the justices that the case is an improper vehicle for deciding provisions of the National Voter Registration Act.

  • October 21, 2026

    6th Circ. Weighs First Amendment Right To Court Videos

    Modern technology necessitates updated court-access rules, a representative for a University of Michigan professor told a Sixth Circuit panel Wednesday, saying that citizens should have access to audio and video recordings of public court proceedings in addition to written transcripts.

  • October 21, 2026

    Fed. Circ. Says Sioux Tribe Can't Shift Building Repair Costs

    A Federal Circuit Court of Appeals panel has rejected a South Dakota tribe's bid to overturn a decision that the federal government isn't responsible for paying for a deteriorating building on its reservation, saying it is not persuaded by the Indigenous nation's contract-based arguments.

  • October 21, 2026

    Fund Manager Challenges Chancery's Congo Palm Oil Ruling

    An investment fund manager and three affiliated entities urged the Delaware Supreme Court Wednesday to overturn a ruling that stripped them of interests in a Congolese palm oil business, arguing it handed fellow investor Kuramo Capital Management LLC an enormous windfall, while Kuramo defended the unusual remedy as necessary to protect its investment from the manager's misconduct.

  • October 21, 2026

    5th Circ. Finds Afghan Educator Didn't Show Torture Risk

    A split Fifth Circuit let stand deportation orders for a former Afghan education official beaten by the Taliban after he protested the closure of girls' schools, finding the evidence did not support he would likely face torture if he returned.

  • October 21, 2026

    Fla. Court Refers Atty To Bar Over Pro Se-Like Filings

    A Florida appeals court on Wednesday referred a divorce attorney to the Florida Bar for filings with AI-hallucinated quotations and motion practice that the judges said they "typically see from vexatious pro se litigants."

  • October 21, 2026

    Amarin Ends 'Skinny Label' Patent Case Against Hikma

    Amarin Pharma Inc. is dropping its patent suit over Hikma Pharmaceuticals USA Inc.'s generic version of a heart drug that uses a so-called skinny label, months after the U.S. Supreme Court shut the case down.

  • October 21, 2026

    9th Circ. Confused By San Jose's Firefighter OT Math

    A Ninth Circuit panel on Wednesday appeared skeptical of an argument by the City of San Jose, California, that a lower court miscalculated the overtime pay owed to firefighters, but the judges also said they were "struggling with" the firefighters' argument.

  • October 21, 2026

    Pa. Panel Sets 3-Year Limit On Minimum Wage Claims

    A split Pennsylvania appeals court panel ruled Wednesday that workers have three years, not six, to sue for unpaid wages under the state's minimum wage law, siding with a pharmacy accused of shorting 20 employees on overtime pay.

  • October 21, 2026

    Italian Winery Asks Justices To Revive TM Victory

    An Italian winery has urged the U.S. Supreme Court to restore a trademark infringement ruling it won in New York federal court that was later overturned by the Second Circuit, saying the circuit had misapplied the justices' guidance for finding trademark preclusion.

  • October 21, 2026

    High Court Lets Block On Prison Gender Care Ban Stand

    The U.S. Supreme Court on Wednesday allowed federal prisons to continue to offer gender transition medical services to incarcerated people.

  • October 20, 2026

    11th Circ. Upholds Producer's Financing Scheme Conviction

    The Eleventh Circuit on Tuesday refused to disturb the conviction and sentencing of a producer accused of stealing $68.7 million from film and theater investors and producers, ruling that the producer hasn't shown that the district court made any mistakes.

  • October 20, 2026

    'Petulant' Attorney Behavior Requires New Trial, 5th Circ. Says

    The Fifth Circuit ordered a new trial Friday for a woman who was halted while speaking at a Louisiana local council meeting, saying defense lawyers for two council members threw "a skunk into the jury box" with a bevy of improper maneuvers.

  • October 20, 2026

    Kagan: High Court 'Blinded Itself' To Election Ruling Effects

    U.S. Supreme Court Justice Elena Kagan criticized her conservative colleagues' approach to deciding election law cases Tuesday, saying they often rule without considering the real-world consequences of their decisions. 

  • October 20, 2026

    Mariah Carey Defeats Brother's $20M Memoir Defamation Suit

    A New York judge has thrown out Mariah Carey's brother's $20 million defamation suit claiming his sister defamed him in her 2020 memoir, "The Meaning of Mariah Carey," ruling that he hasn't adequately alleged she knowingly or recklessly made false statements about him.

Expert Analysis

  • 3rd Circ. Ruling Shows ADA Limits Amid Worker Misconduct

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    In Hileman v. West Penn Allegheny Health System, the Third Circuit recently rejected a wrongful termination claim under the Americans with Disabilities Act, illustrating that disability and leave laws don't automatically insulate employees from the consequences of prior workplace misconduct, say attorneys at Bond Schoeneck.

  • AI Meeting Recaps Pose New Discovery And Privilege Risks

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    The New York City Bar Association’s recent ethics opinion, cautioning attorneys not to record nonclient conversations with artificial intelligence tools, reflects an emerging view that AI meeting recaps are now a distinct business record category, meaning counsel should set meeting-level controls and apply framework-level updates, says William Wright at Faegre Drinker.

  • Class Actions At The Circuit Courts: September Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six recent rulings involving pecuniary loss in false price comparison advertising, privity in an insurance fee class, antitrust standing, immigration class representatives, retirement beneficiary class commonality, and Rule 23(f) appeals in Fair Labor Standards Act claims.

  • Florida Condo Ruling Offers Tips For Contractor Lien Disputes

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    A recent Florida appellate decision, holding condo owners may challenge liens placed on their units, despite not being party to the underlying disputed agreement their association struck with contractors, offers lessons on lien enforcement to both contractors and condo owners, say attorneys at Adams & Reese.

  • BIA Ruling Could Make Immigration Bond A Catch-22

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    A recent Board of Immigration Appeals decision refining the way immigration judges assess flight risk, when read broadly, could create a circular rule under which a noncitizen can be treated as a flight risk because they have too few ties to the U.S., but also because they have too many, says Georgianna Pisano Goetz at the National Immigrant Justice Center.

  • 8th Circ. Ruling Raises Bar For Seeking Disability Benefits

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    The Eighth Circuit's recent ruling in Post v. Bisignano signals that claimants seeking Social Security disability benefits may need to offer convincing proof of functional restrictions beyond their treating doctors' opinions and illustrates that the court's proclaimant jurisprudence no longer prevails, says Mark DeBofsky at DeBofsky Law.

  • Series

    Playing Bid Whist Makes Me A Better Lawyer

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    As a child, I viewed bid whist as a family tradition and a source of friendly card game competition, but as a lawyer, I see it as a tool that has helped me cultivate skills like communication, teamwork, risk assessment and composure, says Keyonn Pope at Riley Safer.

  • Teva, Wyeth Show How Claimed Advances Shape Enablement

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    Two recent Federal Circuit decisions involving method-of-treatment claims — Teva v. Eli Lilly and Wyeth v. AstraZeneca — reached opposite enablement outcomes from strikingly similar procedural postures, but a closer comparison of the cases reveals a three-step framework for understanding the court's reasoning, says Kendall Gurule at Polsinelli.

  • Opinion

    Calif. Bill Goes Too Far In Trying To Regulate Attorney AI Use

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    California’s first-in-the-nation act regulating how attorneys and arbitrators use generative artificial intelligence will likely soon become law, but read broadly, the provisions may dissuade lawyers from employing AI at all, thereby depriving them of key work tools, says Joshua Wurtzel at Schlam Stone.

  • Wis. Coverage Ruling Rejects Strict Ensuing Loss Test

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    In Cincinnati Insurance v. Ropicky, the Wisconsin Supreme Court recently examined the relationship between an insurance policy's construction defect exclusion and ensuing loss exception, providing policyholders support in claiming that an additional cause may produce covered damage despite an excluded condition being part of the loss sequence, says Alexander Hopkins at SDV Fenchurch.

  • The Preemption Gap In Prediction Market High Court Petitions

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    The Supreme Court is considering three certiorari petitions following a split in prediction market litigation between the Third and Ninth circuits, but one of the petitions would not allow the court to reach the express preemption question, which would leave the dispute half-resolved, says Jordan Garman at Withers.

  • 5th Circ. Embedding Decision Could Recast Copyright Claims

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    The Fifth Circuit's decision in Emmerich v. Particle Media addresses decades of ambiguity surrounding whether embedded content can constitute copyright infringement, potentially affecting how defense counsel fight against such claims, say attorneys at Greenberg Glusker.

  • A Texas Ruling May Offer Guidance On Freight Broker Liability

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    The U.S. Supreme Court's decision in Montgomery v. Caribe Transport removed federal preemption defenses to freight broker negligent-selection claims, and a July verdict in Texas against C.H. Robinson raised further questions about how brokers can achieve compliance — but another recent Texas decision involving Home Depot may offer some answers, say attorneys at Baker Donelson.

  • 9th Circ. Ruling Raises Bar For Arbitration Pacts Via Email

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    The Ninth Circuit's recent holding in Rickes v. Thermo Fisher that the mere delivery of an email doesn't establish an employee's assent to the arbitration agreement underscores that rollout processes should both give employees notice of the agreement and create evidence of their assent, say attorneys at Sullivan & Cromwell.

  • Opinion

    Fed. Circ. Should Redefine Functionality In Design Patents

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    The Federal Circuit should establish a framework for identifying the relevant article of manufacture to which functionality analysis applies, in order to enhance doctrinal clarity and better reflect the statutory foundations of design patent law, say attorneys at Knobbe Martens.

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