Appellate

  • September 16, 2026

    Newman Saga Prompts Bill To Limit Judicial Suspensions

    The long-running saga over Federal Circuit Judge Pauline Newman's fitness to remain on the court has exposed "major flaws" in the judicial accountability system, according to a Republican member of the House who introduced a bill Wednesday to reform it.

  • September 16, 2026

    4th Circ. Doubts Standing In $9B Lockheed Pension Fight

    The Fourth Circuit appeared open Wednesday to shutting down retirees' challenge to a $9 billion Lockheed Martin pension risk transfer, with judges voicing doubt about a Maryland judge's holding that ex-Lockheed workers had the standing needed to keep their case in court.

  • September 16, 2026

    Fla. Panel Revives Suit Claiming Soccer Club Investment Lies

    A Florida state appellate court on Wednesday revived an investor's lawsuit alleging he was misled into contributing $2 million to a digital technology company after believing it would serve as a vehicle to purchase an English professional soccer team, saying his fraudulent inducement-related claims were dismissed too quickly.

  • September 16, 2026

    1st Circ. Hints Trump Admin Sought To Skirt Review Of Cuts

    The First Circuit on Wednesday repeatedly suggested that the Trump administration had sought to evade court review by intentionally failing to issue written guidance before it began shuttering federal programs targeted by the president in an executive order last year.

  • September 16, 2026

    Del. Defends Absentee Voting Law At State High Court

    Two Delaware Senate candidates urged the Delaware Supreme Court on Wednesday to strike down the state's permanent absentee voting system as unconstitutional, while state election officials defended the law as a valid way to administer absentee voting for people who remain eligible over multiple elections.

  • September 16, 2026

    9th Circ. Revives Bad Faith Claim In Title Insurance Row

    A split Ninth Circuit panel on Wednesday partially reinstated Washington state property owners' suit accusing an insurer of bad faith by refusing to defend them and representing their opposing neighbors in an easement dispute, saying the lower court improperly relied on a case that didn't address bad faith.

  • September 16, 2026

    11th Circ. Revives Walmart Malicious Prosecution Claim

    The Eleventh Circuit affirmed Wednesday a lower court's decision to assert jurisdiction over some, but not all, of the state law claims leveled by a man who sued Walmart after a shoplifting arrest, but revived a malicious prosecution claim against the retail giant. 

  • September 16, 2026

    Nielsen Says Cumulus Order Illegally Dictates Sale Terms

    A Nielsen Co. attorney on Wednesday blasted a federal judge's order that he said dictated the terms of the company's sale of nationwide radio ratings to Cumulus Media, telling a Second Circuit panel that the new order was "completely different" from an injunction the appellate court had upheld.

  • September 16, 2026

    9th Circ. Backs OpenAI, Microsoft Win Over Source Code Suit

    The Ninth Circuit on Wednesday affirmed the dismissal of a case brought by a group of anonymous programmers who accused OpenAI and Microsoft of taking source code from public repositories on GitHub, ruling that the programmers had not sufficiently put the court on notice that they wished to pursue a theory related to artificial intelligence inputs.

  • September 16, 2026

    9th Circ. Revives Doctor's Medicare Sanctions Challenge

    A Ninth Circuit panel revived a doctor's constitutional due process challenge to a 10-year bar the Centers for Medicare and Medicaid Services imposed on his Medicare billing privileges, finding a district court wrongly concluded he had to first exhaust his administrative remedies.

  • September 16, 2026

    10th Circ. Clears The Way To Fill Denver's Expanded Reservoir

    The Tenth Circuit has cleared the way for Denver Water to begin filling an expanded reservoir that holds the city's water supply, finding the U.S. Army Corps of Engineers did not err when approving a permit for the project.

  • September 16, 2026

    1st Circ. Judge 'Roe' Denies $1B Lotto Winner's Secrecy Bid

    A man who won more than $1 billion in a lottery cannot keep his identity secret in a lawsuit over a nondisclosure agreement, a panel of the First Circuit has ruled, with the judge who authored the decision using a pseudonym to prove a point before disclosing her name in a footnote. 

  • September 16, 2026

    Pa. Justices Ask When Canes, Hot Dogs Become Crime Tools

    Pennsylvania's justices contemplated pummeling one another with canes, gavels and hot dogs as they grappled with what transforms a mundane object into an "instrument of crime" during arguments Wednesday.

  • September 16, 2026

    EOFlow Says Fed. Circ. Right To Ax $59M Trade Secret Verdict

    EOFlow Co. Ltd. says the Federal Circuit shouldn't rethink a panel's decision allowing it to escape a $59.4 million trade secret judgment, saying insulin product developer Insulet Corp. is trying to dress up factual disputes as issues needing the full court's attention.

  • September 16, 2026

    6th Circ. Ruling Puts Cannabis Deals In Question

    The Sixth Circuit's decision reversing a $31.8 million jury judgment against cannabis giant Curaleaf on the grounds that marijuana is federally illegal is bound to have ramifications for industry players who seek redress in federal courts, attorneys told Law360.

  • September 16, 2026

    11th Circ. Asked To Overturn $184K ACA Employer Penalty

    A commercial laundry services company asked the Eleventh Circuit to reverse a Florida federal court's ruling that upheld a $184,000 payment to the IRS under the Affordable Care Act's employer shared responsibility provisions, saying it didn't receive notice of the penalty soon enough to lodge an effective appeal.

  • September 16, 2026

    US Backs Geo's Challenge To Washington Wage Law Ruling

    The Trump administration told the U.S. Supreme Court it backs The Geo Group Inc.'s challenge to a ruling that allowed Washington state to impose its minimum wage on a voluntary work program at the company's immigrant detention facility in Tacoma.

  • September 16, 2026

    Forum Clause Doesn't Sink Yacht Builder's Fla. Suit

    A Florida appellate court revived a lawsuit from a Taiwanese yacht builder alleging its insurer has refused to indemnify the manufacturer for repairs to a vessel damaged in a fire on its way to Florida, ruling Wednesday that the policy did not require the dispute to be tried in a Taiwan court.

  • September 16, 2026

    5th Circ. Says EPA Went Too Far With Chemical Ban

    The Fifth Circuit has sided with a group of chemical companies and vacated a U.S. Environmental Protection Agency rule that banned nearly all uses of methylene chloride, saying the agency went too far in evaluating the substance as a whole instead of its uses.

  • September 16, 2026

    Alaska Airlines Can Move To Appeal Sick Leave Suit Ruling

    A California federal court has allowed Alaska Airlines to immediately appeal a ruling that the state's sick leave protection law covers its flight attendants, pausing a proposed class action while the Ninth Circuit considers a question that could determine whether the case can proceed at all.

  • September 15, 2026

    Brothers Seek Justices' Clarity After Losing Stolen Skull Suit

    Two brothers who lost their bid to hold an Illinois county liable for a former coroner's secret skull-collecting practices asked the U.S. Supreme Court Monday to use their case as the vehicle for settling a deep circuit split they say a recent Seventh Circuit ruling "cemented."

  • September 15, 2026

    DC Circ. Vexed Over Migrant Kid Sponsor Approval Timeframe

    The D.C. Circuit tore into the Trump administration Tuesday morning after a government attorney refused to answer how long an Office of Refugee Resettlement approval of a sponsor for an "unaccompanied" child lasts, even when the court whittled the time down to a matter of hours.

  • September 15, 2026

    Conn. Justices Say Detective's 'Grooming' Definition Is Harmless

    The Connecticut Supreme Court on Tuesday held that a detective's explanation of the child sex abuse term "grooming" to jurors did not taint their verdict convicting a man of raping a young girl.

  • September 15, 2026

    Fed. Circ. Denies Injunction In Firearm Trigger IP Suit

    A Wyoming federal judge properly denied Rare Breed's attempt to enjoin a rival firearms company's sales while litigating a patent infringement and false advertising suit, the Federal Circuit said Tuesday.

  • September 15, 2026

    Ohio Court Allows 18-Year Gap In Rape Prosecution

    An Ohio appeals court has ruled that a nearly 18-year delay in bringing a rape charge against a man does not violate his right to a speedy trial, because the right only begins after a defendant has been formally accused of a crime.

Expert Analysis

  • 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.

  • Del. Justices' Ripeness Ruling Shields Advance Notice Bylaws

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    The Delaware Supreme Court’s recent decision dismissing two AES and Owens Corning stockholder challenges of advance notice bylaws as unripe provides corporations more room to insulate their nomination procedures from activist pressure, say attorneys at Reed Smith.

  • How The High Court Expanded Freight Broker Liability

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    After the U.S. Supreme Court's decision in Montgomery v. Caribe Transport II that freight brokers may be liable for selecting unsafe motor carriers, the key question will be whether brokers used reasonable care in selecting a given motor carrier, with the concurring opinion offering some clues as to what reasonable care might look like, says Marc Blubaugh at Benesch.

  • 'Anderson Method' Ruling Shows Copyright Limits In Fitness

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    The Ninth Circuit's ruling in Tracy Anderson Mind and Body v. Megan Roup, finding that sequences of exercises developed and recorded by Tracy Anderson were not copyrightable choreographic works, is a reminder that even highly creative fitness programming can fall outside the scope of copyright protection, says Meredith Bobber Strauss at Michelman & Robinson.

  • 2nd Circ.'s Cantero Redo Complicates Mortgage Escrow Issue

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    The Second Circuit's recent decision in Cantero v. Bank of America reflects the absence of definitiveness in mortgage escrow preemption jurisprudence, leaving lenders to navigate conflicting state rules and pricing challenges amid a deepening circuit split, say attorneys at Sullivan & Cromwell.

  • 3 Rulings Show How Creditors Make Civil RICO Claims Stick

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    An Arizona federal court's recent decision concerning UniCredit Bank Austria is one of few in which creditors' claims against debtors for Racketeer Influenced and Corrupt Organizations Act violations have survived motions to dismiss, and these claims' substantial benefits make the rulings worth analyzing for guidance, says Brian Asher at Asher Research.

  • What Fed. Circ.'s Poultry Patent Ruling Says About 'About'

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    The Federal Circuit's recent decision in Enviro Tech v. Safe Foods highlights how approximation language in patent claims affects not only litigation outcomes, but also portfolio value, competitive positioning and prosecution strategy, say attorneys at Foley & Lardner.

  • Class Actions At The Circuit Courts: May Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings from cases involving allegations of Title VII violations, the Employment Retirement Income Security Act, prison dental care violations and overcharging for PACER access.

  • Texas Ruling Makes Avoiding Appraisal Nearly Impossible

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    By deciding that a coverage dispute doesn't nullify an appraisal clause, the Texas Supreme Court, in its recent Ace American Insurance ruling, makes appraisal nearly unavoidable in state personal auto and residential property disputes, says David Winter at Norton Rose.

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