Appellate

  • September 24, 2026

    Tata Ordered To Pay $15M In Fees In Trade Secret Case

    A Texas federal judge has ordered Tata Consultancy Services Ltd. to pay $15.3 million in attorney fees to Computer Sciences Corp., saying that amount accounts for a reasonable rate and that Tata should be "thankful" the court wasn't ordering it to pay for fees incurred from document review.

  • September 24, 2026

    Ill. Justices Say Uber Can't Arbitrate Wrongful Death Suit

    The Illinois Supreme Court ruled Thursday that Uber can't compel arbitration of wrongful death claims arising from a fatal crash, finding that a widow's separate user agreement with the company did not apply to the estate's wrongful death claims.

  • September 24, 2026

    Full 9th Circ. Asked To Revisit $2B Devas Arbitral Award

    An Indian state-owned aerospace company has urged the full Ninth Circuit to review a three-judge panel's unanimous decision to enforce a $2 billion arbitral award issued to a Bangalore-based satellite communications company, saying the decision raises important questions about the constitutional limits on jurisdiction of foreign disputes with no connection to the U.S.

  • September 24, 2026

    Trump Admin Asks Justices To Allow 3rd-Country Removals

    The Trump administration Thursday urged the U.S. Supreme Court to let it continue deporting migrants to countries other than their native country, saying a district court's order that found the government's policy on third-country removals unlawful is "fundamentally flawed."

  • September 24, 2026

    Ill. Justices Mull Closed Arb. For Chicago Police Misconduct

    Illinois Supreme Court justices wrestled Thursday with whether the city of Chicago's history of publicly adjudicating allegations of the most serious police misconduct can establish a statewide public policy requiring open proceedings, while questioning a city police union on why transparency and promoting trust in law enforcement don't justify public attendance.

  • September 24, 2026

    Ga. Appeals Court Gives Woman 2nd Shot In Carport Fight

    The Georgia Court of Appeals said Thursday a trial court should not have dismissed a woman's petition seeking review of an Atlanta Urban Design Commission decision for lack of standing, giving the woman another shot at stopping a neighbor from building a carport.

  • September 24, 2026

    Fla. Judge Seeks Journo Docs In Death Penalty Ethics Case

    A Florida appellate judge on Thursday urged a state disciplinary commission chairman to overrule an investigative panel's objections to providing communications between lawyers and newspaper reporters in connection to allegations that she attempted to influence a lower court proceeding, saying the records are needed to fight her case. 

  • September 24, 2026

    Plaintiffs Bar Says $243M Tesla Verdict Doesn't Hurt Innovation

    An association of plaintiffs attorneys is urging the Eleventh Circuit to reject Tesla Inc.'s appeal of a $243 million verdict against it in a fatal crash suit, saying products liability law and punitive damages don't hinder or put a "tax" on innovation, but rather encourage it by creating an incentive to create better, safer products.

  • September 24, 2026

    DC Circ. Questions Panhandle's Claim To Excess Tax Funds

    A D.C. Circuit judge questioned whether Panhandle Eastern Pipe Line should be allowed to pocket excess sums collected under its income tax allowance from prior years that were placed in a separate account for accumulated deferred income taxes.

  • September 24, 2026

    Immigrant Detainees Face 5th Circ. Doubts On Bond Hearings

    The full Fifth Circuit peppered detained unauthorized immigrants with questions about the constitutionality of bond hearings for pending immigration proceedings, with several judges suggesting Thursday they didn't think immigrants who "evade detention" should get to walk free in the country.

  • September 24, 2026

    NJ Says Report Can't Show Benefits Theft Case Was Targeted

    New Jersey told a state appeals court Thursday that it shouldn't have to collect more than a decade of internal investigative findings in its prosecution of two elected officials for allegedly unlawfully obtaining state health benefits, arguing that the defendants failed to meet the required threshold to warrant selective prosecution discovery.

  • September 24, 2026

    Ga. Appeals Court Backs State Ports Authority In Injury Suit

    The Georgia Court of Appeals on Thursday upheld a trial court's order granting judgment to the Georgia Ports Authority in a personal injury lawsuit from a longshoreman struck by a falling object from a crane, saying he abandoned his claims by not including credible evidence or logical reasoning in his appeal brief.

  • September 24, 2026

    Colo. Appeals Court Revives Town's Concert Easement Bid

    The Colorado Court of Appeals reversed the dismissal of a mountain town's case seeking condemnation of an easement over a concert series after finding the lower court incorrectly applied the condemnation statute and didn't allow for an ample record to be made before ruling.

  • September 24, 2026

    9th Circ. Backs Dual Deals Over Inaccessible LA Housing

    The Ninth Circuit found a whistleblower is not entitled to a portion of a $200 million settlement Los Angeles reached with federal officials to correct years of noncompliance with accessibility requirements in public housing after the plaintiff struck a separate deal in a fraud complaint over the city's conduct. 

  • September 24, 2026

    Kellogg Seeks High Court Review Of 6th Circ. Pension Ruling

    The U.S. Supreme Court should resolve a circuit split on whether actuaries must use up-to-date life expectancies when converting pension benefits from one form to another, Kellogg argued, asking the justices to scrap the Sixth Circuit's answer to the Employee Retirement Income Security Act query.

  • September 24, 2026

    3rd Circ. Eyes 'Compromise' Instruction In Equal Pay Case

    A Third Circuit panel on Thursday appeared to take issue with a district judge's suggestion that a jury "compromise" in reaching a verdict in favor of female teachers who alleged Central Bucks School District paid them less than a male colleague.

  • September 24, 2026

    5 Circuit Splits To Watch At The High Court

    The U.S. Supreme Court has been deciding fewer and fewer cases over the past three decades, with its caseload reaching a historic low just last term. While attorneys believe several factors have contributed to that trend, they say one of the most consequential is the court's apparent declining interest in resolving circuit splits. 

  • September 24, 2026

    Squires Undoes 2024 PTAB Invalidation Of EagleView Patent

    U.S. Patent and Trademark Office Director John Squires has thrown out a two-year-old Patent Trial and Appeal Board decision that found claims in an EagleView Technologies patent on measuring roofs to be invalid.

  • September 24, 2026

    1st Circ. Rejects Puerto Rico Bondholders' $8.5B Claim

    The First Circuit has upheld a ruling barring Puerto Rico electric utility bondholders from asserting an $8.5 billion claim against the island's government under its own restructuring plan.

  • September 24, 2026

    Thriving Rivals Disprove Hillrom Antitrust Suit, 3rd Circ. Told

    Hill-Rom Holdings Inc. told the Third Circuit on Thursday a Pennsylvania hospital had no evidence the equipment supplier illegally sidelined competitors from the hospital bed market, noting its deals tying discounts to exclusivity hadn't put multiple rivals out of business.

  • September 24, 2026

    PACER Experiences Outages Of Some Court Dockets

    PACER, the online public repository of federal court documents, experienced technical errors on Wednesday and Thursday preventing some users from accessing certain court dockets.

  • September 24, 2026

    Full 5th Circ. Tough On Aetna's Bid To Arbitrate Aramark Suit

    The Fifth Circuit seemed skeptical Thursday of Aetna's bid to force a health plan benefits dispute from food services giant Aramark into arbitration, with judges picking the insurer's arguments apart during an en banc rehearing.

  • September 24, 2026

    Pipeline Groups Say Enbridge Ruling Weakens Tribal Deals

    Two oil and gas industry groups have urged the Seventh Circuit to reconsider part of its ruling that Enbridge Energy is trespassing on Wisconsin tribal lands, arguing that the decision could make long-term pipeline agreements with tribes less reliable.

  • September 24, 2026

    Fla. Judge To Get Reprimand For Remark On Shooting Attys

    The Florida Supreme Court on Thursday ordered a public reprimand of a state district court judge for "intemperate and caustic" comments about shooting attorneys during a hearing.

  • September 24, 2026

    9th Circ. Reinstates Vax Objector's Religious Bias Case

    The Ninth Circuit on Sept. 24 reopened a nurse's lawsuit alleging an Oregon hospital unlawfully put her on unpaid leave rather than accommodate her religious objection to its COVID-19 vaccine mandate, faulting the trial court for overlooking a letter in which she explained why she wanted an exemption.

Expert Analysis

  • GHG Rescission Undermines State Climate Suit Preemption

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    As the U.S. Supreme Court considers the fate of state climate litigation in Suncor Energy Inc. v. Boulder County, it must confront the fact that the U.S. Environmental Protection Agency's rescission of its greenhouse gas endangerment finding has also removed the foundation for federal preemption of state climate suits, says attorney Gregg Goldfarb.

  • 3rd Circ. Decision Sheds Light On BIPA Bank Exemption

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    The Third Circuit's recent decision in McGoveran v. Amazon illuminates how courts are extending the Illinois Biometric Information Privacy Act's financial institution carveout beyond banks and insurers to technology vendors and other businesses handling biometric data, a defendant-friendly shift that still casts uncertainty around BIPA's enforcement, say attorneys at Dorsey & Whitney.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • Series

    Moshing Makes Me A Better Lawyer

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    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • High Court Ruling Casts Doubt On Status-Based Gun Bans

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    The U.S. Supreme Court’s recent ruling in U.S. v. Hemani demonstrates that the justices are increasingly skeptical of broad theories of categorical disarmament and clarifies that dangerousness cannot simply be presumed from one's status or membership in a statutory category, such as illegal drug use, says Lee Francis at Widener Law.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

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    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • Steps For Employers After 7th Circ. BIPA Retroactivity Ruling

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    The Seventh Circuit's recent ruling in Clay v. Union Pacific sharply limits per-scan statutory damages theories in pending Biometric Information Privacy Act cases by retroactively applying a 2024 amendment, but employers should not mistake the holding for a broad safe harbor, say attorneys at Thompson Coburn.

  • How NEPA Review Has Changed Since Seven County

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    A year after the U.S. Supreme Court's decision in Seven County Infrastructure Coalition v. Eagle County instituted major changes to judicial review under the National Environmental Policy Act, courts are effectively applying the decision, but where things go from here may be up to agencies and project proponents, say attorneys at Venable.

  • A Midyear Look At Antiterrorism Act Jurisprudence And Policy

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    Plaintiffs have filed comparably fewer new actions under the Antiterrorism Act this year, though a handful of key decisions further defined the statute’s aiding-and-abetting standard and highlighted continuing risks for financial services companies, say attorneys at Skadden.

  • Justices' ICA Ruling Provides Certainty For Regulated Funds

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    The U.S. Supreme Court's recent ruling in FS Credit v. Saba that a contract-rescission provision of the Investment Company Act does not provide investors with a private right of action is a victory for the regulated fund industry, emphasizing that where Congress intended to create private remedies, it did so expressly, say attorneys at Simpson Thacher.

  • Justices' Obstruction Ruling Clears Venue-Challenge Path

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    While the U.S. Supreme Court’s recent ruling in Abouammo v. U.S. poses venue challenges for federal obstruction of justice prosecutions, it is a gift for defense counsel because it offers a clean, constitutional basis to challenge venue where a place of falsification and a place of investigation diverge, says Liz Aloi at MoFo.

  • Drawing A Line Between Settlement Pressure And Extortion

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    U.S. v. Luo, pending in the U.S. District Court for the Southern District of New York, may force courts to address anew when settlement negotiations become criminal extortion, particularly in the age of easily fabricated digital evidence, says attorney Denis Kiely.

  • Recent Cases Clarify When Risk Disclosures Trigger Liability

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    Several recent decisions highlight circumstances where risk disclosures can constitute actionable misrepresentations, providing clarity on how the Private Securities Litigation Reform Act's safe harbor and the common-law bespeaks caution doctrine apply to risk disclosures, and how publicly traded companies can guard against such claims, say attorneys at Katten.

  • Securities Class Cert., 5 Years After Goldman Ruling

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    The U.S. Supreme Court's 2021 decision in Goldman Sachs Group v. Arkansas Teacher Retirement System has not only armed defendants in securities cases with more arguments in individual class certification fights, but may also be providing greater certainty and finality in class certification battles, say attorneys at Skadden.

  • Opinion

    Md., Colo. Climate Rulings Point To Need For Federal Solution

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    As the U.S. Supreme Court prepares to review the Colorado Supreme Court's 2025 ruling in Boulder County v. Suncor U.S. Inc., which green-lit a state-level climate lawsuit, a recent conflicting ruling from the Maryland Supreme Court underscores why a uniform federal answer on climate litigation is needed now, says Phil Goldberg at Shook Hardy.

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