Appellate

  • September 23, 2026

    Conn. Panel Seeks Info On Intervenor Standing In Setoff Case

    A Connecticut appellate court has asked for more information about whether intervenors challenging caps that could cut millions of dollars of benefits in a state-managed rehabilitation of PHL Variable Insurance Co. are actual policyholders who have standing to be involved in an appeal.

  • September 23, 2026

    5th Circ. Asks Texas Students If Drag Is Same As 'Striptease'

    The full Fifth Circuit pressed student LGBTQ+ advocacy organizations to explain how drag shows on Texas college campuses met the standards for First Amendment protection, asking Wednesday if the organizations were arguing the schools should allow "striptease" performances.

  • September 23, 2026

    Colo. Judge Declines To Sanction Hospital In Gender Care Suit

    Children's Hospital Colorado properly complied with an injunction prohibiting it from refusing to provide medically necessary gender-affirming care to transgender youth patients, a state judge ruled, rejecting a request by a class of patients to hold the hospital in contempt.

  • September 23, 2026

    9th Circ. Won't Rehear Klamath Project ESA Ruling

    The Ninth Circuit said Wednesday it won't disturb a divided three-judge panel's ruling affirming that a federal regulator must abide by the Endangered Species Act's interagency consultation requirements as it operates a water management project in northern California and southern Oregon.

  • September 23, 2026

    11th Circ. Backs Off-Duty Officer's Immunity From Force Suit

    The Eleventh Circuit has ruled that an off-duty Alabama police officer should have qualified immunity from a lawsuit alleging unlawful use of deadly force after he fatally shot his unarmed neighbor who was suffering from a brain cancer-related mental health crisis.

  • September 23, 2026

    Keysight Can't Get Full Fed. Circ. To Review Centripetal Case

    The full Federal Circuit will not review a decision upholding the Patent Trial and Appeal Board's finding that Keysight Technologies Inc. failed to show that five claims in a Centripetal Networks LLC cybersecurity patent are invalid, rejecting Keysight's argument that the panel focused on "form over substance."

  • September 23, 2026

    9th Circ. Rejects Squatter's-Rights Claim On Dead Baby's Name

    Walter Glenn Primrose testified at trial that he stole a dead baby's name to escape debt and threats in the 1980s and used it for three decades — even joining the U.S. Coast Guard and becoming a defense contractor — before his arrest and convictions. This week, the Ninth Circuit rejected Primrose's novel claim that his identity theft convictions can't stand because he has squatter's rights over the infant's identity.

  • September 23, 2026

    DOJ Partially Backs Apple In Epic High Court Contempt Case

    The U.S. Department of Justice told the U.S. Supreme Court in an amicus brief that the Ninth Circuit wrongly faulted Apple for charging a 27% commission on transactions linked out from apps, but it backed other parts of the California federal court's contempt order won by Epic Games.

  • September 23, 2026

    Sam Smith Can't Shimmy Out Of 'Dancing' Copyright Suit

    A California federal judge will not throw out a lawsuit accusing pop singers Sam Smith and Normani of copying another song in their 2019 hit "Dancing With a Stranger," saying there were factual issues over the alleged similarity of the songs.

  • September 23, 2026

    Appeals Court Won't Enforce Hotel Co. Personal Injury Deal

    A Georgia appeals court on Wednesday rejected a hotel operator's push to enforce a $300,000 personal injury settlement with a man who said he'd been attacked while staying at the hotel, saying problems with a key affidavit doomed the company's case.

  • September 23, 2026

    Suit Over Mich. Teen's Campground Drowning Reinstated

    A Michigan recreational campground must face claims it breached a duty owed to a 15-year-old who drowned in a human-made swimming pond, a state appeals court has ruled, saying a jury must decide if the campground failed to warn swimmers of the deep, murky and dangerous conditions of the water.

  • September 23, 2026

    2nd Circ. Hints $7.25M Mansion Sale Stands In Guo's Ch. 11

    Second Circuit judges poked holes Wednesday in the claim that the wife of a bankrupt Chinese billionaire was in charge of a company that owned a contested $7.25 million Connecticut mansion, eliciting a concession from her attorney that there is evidence her husband was actually calling the shots.

  • September 23, 2026

    Vividion Investor Wants IP Suit Over $2B Bayer Deal Revived

    CHP III LP urged the Delaware Supreme Court on Wednesday to revive its suit over allegedly diverted intellectual property in Vividion Therapeutics Inc.'s $2 billion sale to Bayer Corp., while the defendants argued the investor is trying to turn a corporate injury into a direct stockholder claim that did not survive the merger.

  • September 23, 2026

    Del. Justices Weigh If Corporations Can Vote In Beach Town

    The ACLU of Delaware urged the state's high court Wednesday to revive its challenge to Fenwick Island's practice of allowing property-owning corporations and other artificial entities to vote in municipal elections, arguing the system unlawfully dilutes residents' votes.

  • September 23, 2026

    Fla. Panel Won't Hear City's Immunity Bid In Partnership Suit

    A Florida state appellate panel issued a split decision on Wednesday dismissing a bid by a city to overturn an order striking its motion to argue for immunity in a lawsuit over a public-private partnership to build a green waste facility near protected wetlands, saying it lacks jurisdiction. 

  • September 23, 2026

    3rd Circ. Bars Early Probation Termination Bids Before 1 Year

    In a precedential opinion Wednesday, the Third Circuit held that a defendant seeking early termination of supervised release must serve at least one year of the current supervised release term before petitioning the court.

  • September 23, 2026

    Ute Tribe Says Split-Estate Lands Remain Indian Country

    The Ute Indian Tribe has urged the Tenth Circuit to overturn a Utah federal judge's ruling that the surface of split-estate lands within its reservation's original boundaries is not Indian Country, arguing the appellate court settled the issue decades ago.

  • September 23, 2026

    'Hanging In There' Doesn't Ax Disability Claim, 9th Circ. Says

    "Hanging in there" and working through the pain of a worsening disability is not a reason to reject the testimony of someone seeking Social Security benefits, the Ninth Circuit ruled Wednesday.

  • September 23, 2026

    Board Eases Burden Over Migrant Drug Use Admission

    The Board of Immigration Appeals upheld an immigration judge's decision finding a Mexican national ineligible for status adjustment because he had admitted to possessing and using cocaine, finding no obligation to first inform him of the offense's particular legal elements.

  • September 23, 2026

    Legal Groups Back Firm In NC High Court Malpractice Appeal

    Legal advocacy groups are standing behind the law firm Hedrick Gardner Kincheloe & Garofalo LLP in asking North Carolina's highest court to find that the state's four-year statute of repose on legal malpractice claims creates an immovable end-date to liability.

  • September 23, 2026

    KCSR Appeals STB's BNSF Terminal Trackage Rights Ruling

    Canadian Pacific Kansas City subsidiary Kansas City Southern Railway is asking the D.C. Circuit to overturn a Surface Transportation Board ruling that set the price BNSF Railway will pay to use a nine-mile conduit for petroleum and chemical shipping in Louisiana, in an appeal filed this week.

  • September 23, 2026

    Fed. Grants Bind Railways To Fed. Labor Law, NMB Argues

    The Eleventh Circuit should affirm a Florida federal judge's finding that a high-speed rail operator is subject to the Railway Labor Act, the National Mediation Board argued, saying the operator can't wriggle its way out of complying because it runs an intercity rather than interstate rail line.

  • September 23, 2026

    Ga. Appeals Court Says Atlanta Can't Escape Injury Verdict

    The Georgia Court of Appeals on Wednesday said a trial court rightly refused to set aside a $140,000 verdict against the city of Atlanta in a woman's lawsuit over a broken wrist she said she suffered when she tripped over the metal remnants of a traffic sign on the sidewalk. 

  • September 23, 2026

    Judge Won't Overturn $5M American Axle Win In Patent Case

    Neapco Holdings LLC has lost its bid to dodge paying a $5.2 million award in a patent suit from American Axle after a Delaware federal judge found that there was enough evidence to back the jury's finding and that the monetary amount wasn't excessive.

  • September 23, 2026

    9th Circ. Says Pre-2013 Life Policies Needn't Get Lapse Forms

    Life insurers are not required to send designation forms to California policyholders whose policies were issued before 2013, when a state law requiring carriers to provide applicants with a form to designate another individual to receive notice of a lapse or termination went into effect, the Ninth Circuit ruled.

Expert Analysis

  • 5th Circ. Ruling Hints At Loper Bright's Effect On OSHA Suits

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    The Fifth Circuit's recent decision in Exxon Mobil v. Occupational Safety and Health Review Commission relied on Loper Bright to narrow the scope of illnesses that employers must record, signaling that courts may continue to scrutinize agency assertions that deference is due, say attorneys at Ogletree.

  • Loper Bright Unlikely To Upend DEA Rescheduling Challenges

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    As cannabis industry stakeholders await a U.S. Drug Enforcement Administration ruling on broader cannabis rescheduling, the U.S. Supreme Court's 2024 decision in Loper Bright to eliminate judicial deference to agency decisions should not dramatically affect cannabis rescheduling litigation risk, but it could marginally strengthen proponents' hand if the DEA denies rescheduling, say attorneys at Dentons.

  • Money Transmission Issue Looms For Prediction Markets

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    The circuit split recently created by the Ninth Circuit's ruling in Kalshi v. Assad has implications reaching beyond gaming regulation as, depending on the ultimate characterization of prediction market event contracts, platforms may face differing obligations under federal and state money transmission laws, say attorneys at Manatt.

  • The Deep Split Over Mandatory Detention, And What's Next

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    The government’s mandatory detention policy for noncitizens who entered the U.S. without inspection has led to a spate of decisions this year, with nine circuits rejecting the government's reading of the Immigration and Nationality Act against two that have accepted it, making the issue ripe for U.S. Supreme Court review, says attorney Kemal Hepsen.

  • Intersecting Investigation Risks Loom In Next Congress

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    Taken together, two July D.C. Circuit decisions and a recent U.S. Department of Justice opinion on executive privilege may affect the procedural defenses and privilege protections available to targets of oversight in the upcoming Congress, and companies should begin preparing now, say attorneys at WilmerHale.

  • Vanda Ruling Offers New Guide To Generic Labeling Disputes

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    The D.C. Circuit's recent decision in Vanda Pharmaceuticals v. U.S. Food and Drug Administration is significant for its guidance on when generic-drug labeling remains sufficiently similar to brand labeling and when a difference requires a statutory exception, says Shashank Upadhye at Upadhye Tang.

  • 9th Circ. Comet Ruling Spotlights Trade Secret Proof Burdens

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    The Ninth Circuit’s recent decision to vacate a $40 million verdict awarded to Comet Technologies in its trade secret dispute with XP Power underscores how the burden of proof differs between federal and state law, giving litigants a fresh perspective on several issues, including how a jury should be instructed, say attorneys at Cooley.

  • Attorneys Using AI May Have Ethical Duty To Redact Docs

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    The trajectory of legal ethics guidance in recent years strongly suggests that as redaction technology becomes more accessible, the failure to use it when uploading highly confidential materials into artificial intelligence tools will become increasingly difficult to defend as reasonable, say attorneys at Lewis Brisbois.

  • Minn. Ruling Expands Insureds' Right To Independent Counsel

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    If upheld on appeal, a recent decision by a Minnesota appellate court — Fabyanske Westra Hart & Thomson v. Western National Mutual Insurance — will give Minnesota policyholders a stronger basis to demand independent counsel when an insurer accepts a defense under a reservation of rights, say attorneys at Stoel Rives.

  • Series

    Juggling And Unicycling Make Me A Better Lawyer

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    Because I juggle (sometimes with fire) and ride the unicycle, friends and family used to joke that I should join the circus, but I pursued the practice of law instead and learned that my hobbies benefit my profession in several important ways, says Morgan Eddy at Smith Currie.

  • The Future Of DOL Judge Removal Challenges After Slaughter

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    The U.S. Supreme Court's recent ruling in Trump v. Slaughter calls into question whether U.S. Department of Labor administrative law judges exercising significant governmental authority remain insulated from presidential removal, but the answer depends on the governing statute, its severability provisions and other factors, says Mark Ishu at Conn Maciel.

  • DOJ Executive Privilege Opinion Portends 3rd-Party Dilemmas

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    The recent opinion from the U.S. Department of Justice’s Office of Legal Counsel concluding that executive privilege can shield the president's communications with private advisers may lead to interbranch disputes, and companies must come up with a response plan now before they’re caught in the middle, say attorneys at Gibson Dunn.

  • 2nd Circ. Ruling Lays Out Administrative Right-Of-Access Blueprint

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    In Civil Rights Corps v. LaSalle, the Second Circuit recently held that the First Amendment dictates a presumptive right of access to sealed attorney grievance proceedings, providing a framework for challenging other administrative regimes that operate behind closed doors, says Jonathan Ginsberg at Carlton Fields.

  • How 'Swap' Fight Underpins Prediction Market Enforcement

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    As courts around the country grapple with whether, and under what circumstances, event contracts qualify as swaps, federal enforcement authority hangs in the balance, with implications for companies that need to manage compliance risks during this period of legal uncertainty, say attorneys at Debevoise.

  • Fed. Circ. Dental IP Ruling Reinforces Prior Art Framework

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    The Federal Circuit's recent decision in Dental Monitoring v. Align Technology reaffirms the necessity of substantive written description support for establishing an earlier effective prior art date under the America Invents Act, and aligns Patent Trial and Appeal Board practice with district court litigation, say attorneys at Morgan Lewis.

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