Appellate

  • January 22, 2026

    6th Circ. Revives Law Firm Worker's Anthem Coverage Fight

    Anthem Blue Cross Blue Shield's decision denying coverage for a law firm employee's son to continue receiving residential mental health treatment was arbitrary and capricious, the Sixth Circuit ruled Thursday, saying the insurer needs to carry out a "full and fair review of the requested coverage."

  • January 22, 2026

    10th Circ. Should Deny Interest 'Opt-Out' Rehearing, Colo. Says

    Colorado pushed back against calls for the Tenth Circuit to grant a full court rehearing of a challenge to the state's "opt-out" law on interest rates, arguing that a recent panel decision upholding the law does not merit review by the full appeals court.

  • January 22, 2026

    Prosecutors Seek Retrial In Killing of NBA Star's Grandfather

    The state of North Carolina has asked a state appeals court to undo the acquittal of two men who were found to have been wrongly convicted of murder and robbery in the death of the grandfather of NBA star Chris Paul in 2002, arguing the men should instead be given a retrial.

  • January 22, 2026

    Debt Collector Takes Computer Fraud Ruling To High Court

    A debt collection agency asked the U.S. Supreme Court on Thursday to pause a Third Circuit decision that found an ex-employee's sharing of a password spreadsheet didn't make for a case under the Computer Fraud and Abuse Act, saying the appeals court improperly narrowed the scope of the statute.

  • January 22, 2026

    Panel Pushes Ex-Texans CEO's Son On Probate Jurisdiction

    A Texas appeals court on Thursday pushed the son of deceased billionaire and Houston Texans founder Robert McNair to explain why a probate court has no jurisdiction over claims that he surreptitiously placed poison pill agreements into the companies he ran.

  • January 22, 2026

    Payday Lender Tells 2nd Circ. Atty's Conflict Marred Trial

    A former payday lending executive and race car driver convicted of running a fraudulent $2 billion lending scheme urged the Second Circuit on Thursday to grant him a new trial, in light of his trial counsel's criminal exposure stemming from another client's blackmail scheme.

  • January 22, 2026

    Goldstein Prosecutors Unveil Conflicting Cash Source Claims

    A former lawyer at SCOTUSblog founder Thomas Goldstein's firm said Thursday that Goldstein told coworkers that the more than $960,000 in cash he brought off a flight from Hong Kong — the source of which is integral to the government's case — had come from a client.

  • January 22, 2026

    Transportation Cases To Watch In 2026

    Clashes over the scope of federal preemption in personal injury cases involving freight brokers and motor carriers, the Trump administration's gutting of Biden-era vehicle emissions standards and cuts to states' transportation and infrastructure funding are among the court battles that transportation attorneys are monitoring in 2026.

  • January 22, 2026

    Docs Ask NJ Justices To Send Allstate RICO Case To Arbitration

    Medical providers facing a racketeering suit from Allstate units pressed the New Jersey Supreme Court on Thursday to compel the insurers to arbitrate even large-scale fraud and racketeering claims tied to personal injury protection benefits under the state's no-fault statute, as the justices questioned whether that was feasible.

  • January 22, 2026

    Call To End Prosecution Laches Rejected By Full Fed. Circ.

    The full Federal Circuit on Thursday rejected prolific inventor Gilbert Hyatt's rehearing petition asking the court to abolish the doctrine of prosecution laches, which can render a patent unenforceable based on delays by the owner during the application process.

  • January 22, 2026

    Fed. Circ. Says Livestream Patent In Google Suit Is Abstract

    A Federal Circuit panel on Thursday agreed with a Washington federal court's conclusion that a livestreaming patent asserted against Google covers a patent-ineligible abstract idea, finding the relevant claims were too "result-oriented."

  • January 22, 2026

    Full 5th Circ. Weighs Order Blocking Texas Migrant Arrest Law

    The full Fifth Circuit pushed multiple immigrants' rights organizations to explain why a Texas law allowing the state to arrest unauthorized immigrants could not stand, asking Thursday where it says in the U.S. Constitution immigrants have a right to file for asylum.

  • January 22, 2026

    Pa. Justices Say Chester Can't Move Utility Assets Alone

    The Supreme Court of Pennsylvania has declared that the city of Chester lost the ability to single-handedly reclaim the assets of its water utility when the composition of the authority's board changed.

  • January 22, 2026

    Proposed Subpoena Rule Change Raises Victim Privacy Fears

    A proposal to loosen restrictions on the use of federal criminal subpoenas would endanger and further traumatize victims of crime, most of whom lack legal representation to fight the invasive demands, victims' rights advocates told a federal rules advisory committee on Thursday.

  • January 22, 2026

    6th Circ. Clears 911 Dispatch Of Failure To Stop Murder

    Michigan county dispatchers can't be held responsible for the murder of a man by his mentally ill son, the Sixth Circuit ruled Thursday, finding that although the son told 911 he "might do something bad" an hour before the killing, the agency's "failure to act does not suffice."

  • January 22, 2026

    7th Circ. Says Mower-Maker Toro Must Face Amputation Suit

    The Seventh Circuit on Wednesday reversed a win for The Toro Company in a suit brought by a woman who lost a leg in an incident with a riding lawn mower, finding that one of her experts should be allowed to testify about brakes.

  • January 22, 2026

    Judge Recommends Toss Of Ex-Deputy's Political Firing Suit

    A Georgia federal judge has recommended tossing a former metropolitan Atlanta deputy sheriff's suit alleging he was forced to resign because he supported the sheriff's 2024 election opponent, while also urging sanctions against the deputy's attorney for citing nonexistent cases and misstating the law.

  • January 22, 2026

    Bally's Casino Beats Bartenders' Age Bias Suit Appeal

    A New Jersey appellate court on Thursday upheld dismissal of claims accusing Bally's Atlantic City Hotel & Casino of preventing unionized bartenders from working at a new casino bar because of their age, finding that the claims fail to show a discriminatory motive for the bar's hiring decisions.

  • January 22, 2026

    5th Circ. Won't Restore Plastics Co.'s $75M IP Jury Award

    The Fifth Circuit is standing behind a lower court's decision throwing out a verdict of more than $75 million that plastics manufacturer Trinseo Europe GmbH won in a suit accusing a former Dow Chemical Co. employee and Kellogg Brown & Root LLC of swiping trade secrets.

  • January 22, 2026

    Merck Can't Get Fed. Circ. To Reconsider Axing MS Drug Patents

    The Federal Circuit on Thursday refused to reconsider decisions invalidating Merck KGaA patents on the blockbuster multiple sclerosis drug Mavenclad, turning aside the German drugmaker's claim that the court set an unjust new rule that means inventors' work can later be used against them.

  • January 22, 2026

    Poland Faces $40M Award Revival Bid In DC Circuit

    Mercuria Energy Group urged the D.C. Circuit on Thursday to revive the Cypriot commodities trader's bid to enforce a since-annulled $40 million arbitral award against Poland, saying the United States' commitment to its arbitration-related treaty obligations is at stake.

  • January 22, 2026

    11th Circ. Reopens Telemundo Sexual Harassment Claims

    The Eleventh Circuit gave new life Thursday to a sexual harassment suit from a former Telemundo employee who said she faced retribution for reporting what she alleged was her superiors' misconduct, ruling that she "unquestionably" engaged in protected activity amid "humiliating and degrading" treatment.

  • January 22, 2026

    Care Co. Says 3rd Circ. Ignored Loper Bright In Backing DOL

    A home health company urged the Third Circuit to rethink its decision upholding a $1 million judgment against it after finding that the U.S. Department of Labor could strip third-party employers of an overtime exemption, saying the decision flouted the U.S. Supreme Court's Loper Bright ruling.

  • January 22, 2026

    Fla. Prisoner Owes Corrections Dept. $198K, Panel Says

    A Florida state appeals court has ruled that an incarcerated man can be ordered to pay $198,000 in restitution to the state's corrections department to cover the cost of his prison sentence, and that the agency correctly calculated the total he owes.

  • January 22, 2026

    10th Circ. Partly Revives Pest Control Co.'s Fraud Claims

    The Tenth Circuit has partially revived a case brought by one pest control company against a competitor alleging the business rival bribed employees to turn over sales data, disagreeing with a lower court that the company had not shown financial losses.

Expert Analysis

  • Fed. Circ. Patent Decisions In 2025: An Empirical Review

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    In 2025, the Federal Circuit's increased output was not enough to keep up with its ever-growing patent case load, and patent owners and applicants fared poorly overall as the court's affirmance rate fell, says Dan Bagatell at Perkins Coie.

  • Key False Claims Act Trends From The Last Year

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    The False Claims Act remains a powerful enforcement tool after some record verdicts and settlements in 2025, and while traditional fraud areas remain a priority, new initiatives are raising questions about its expanding application, says Veronica Nannis at Joseph Greenwald.

  • Series

    Hosting Exchange Students Makes Me A Better Lawyer

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    Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.

  • Postconviction Law In 2026: A Recalibration, Not A Revolution

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    As the U.S. Supreme Court prepares to issue decisions in several federal postconviction cases in the coming months, the justices appear focused on restoring coherence to a system in which sentencing modification, collateral review and finality increasingly overlap, and success for practitioners will depend on strategic clarity, say attorneys at the Law Offices of Alan Ellis.

  • How Mediation Can Lead To Better Environmental Settlements

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    The Tenth Circuit's recent directive to the parties litigating Denver Water's expansion of the Gross Reservoir and Dam to mediate their dispute is a reminder that mediation in environmental matters can save time and money, and achieve a settlement that helps both sides reach their goals, says Heidi Friedman at Thompson Hine.

  • 4th Circ. Class Ruling Complicates Data Breaches For Biz

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    The Fourth Circuit’s recent exclusion of data-breach victims from a putative class because their stolen information had not been made public further complicates how businesses should manage risk and incident response amid a growing circuit split over related questions of standing, says Brandon Hollinder at Epiq.

  • How A 1947 Tugboat Ruling May Shape Work Product In AI Era

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    Rapid advances in generative artificial intelligence test work-product principles first articulated in the U.S. Supreme Court’s nearly 80-year-old Hickman v. Taylor decision, as courts and ethics bodies confront whether disclosure of attorneys’ AI prompts and outputs would reveal their thought processes, say Larry Silver and Sasha Burton at Langsam Stevens.

  • Opinion

    Faulty Legal Assumptions Obscure Police Self-Defense Law

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    As illustrated by the public commentary surrounding the shooting of Renee Nicole Good by an immigration agent, lawyers sometimes have mistaken assumptions about the applicability of self-defense when law enforcement officers deploy deadly force, but the governing legal standard is clear, says Markus Funk at White & Case.

  • 2026 Int'l Arbitration Trends: Tariffs Drive Transformation

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    In 2025, the Trump administration's sweeping tariffs triggered an unprecedented wave of trade-related disputes — and this, along with evolving M&A practices, the challenges of enforcing arbitral awards against sovereign states, and the role of emerging technologies, will continue to drive international arbitration trends this year, say attorneys at Cleary.

  • Takeaways From 7th Circ.'s Bank Fraud Conviction Reversal

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    The Seventh Circuit’s recent decision in U.S. v. Robinson, holding that a bank fraud conviction must be grounded in a clear misrepresentation to the financial institution itself, signals that the court will not hesitate to correct substantive errors, even in unpreserved challenges, say attorneys at Quinn Emanuel.

  • Navigating Privilege Law Patchwork In Dual-Purpose Comms

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    Three years after the U.S. Supreme Court declined to resolve a circuit split in In re: Grand Jury, federal courts remain split as to when attorney-client privilege applies to dual-purpose legal and business communications, and understanding the fragmented landscape is essential for managing risks, say attorneys at Covington.

  • AI-Driven Harassment Poses New Risks For Employers

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    Two recent cases show that deepfakes and other artificial intelligence‑generated content are emerging as a powerful new mechanism for workplace harassment, and employers should take a proactive approach to reduce their liability as AI continues to reshape workplace dynamics, say attorneys at Littler.

  • 9th Circ. Copyright Ruling Highlights Doubts On Intrinsic Test

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    Two concurring opinions in Sedlik v. Von Drachenberg may mark an inflection point in the Ninth Circuit's substantial-similarity jurisprudence, inviting copyright litigants to reassess strategy as the court potentially shifts away from the intrinsic test, say attorneys at Troutman.

  • Series

    Calif. Banking Brief: All The Notable Legal Updates In Q4

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    The regulatory and litigation developments for California financial institutions in the fourth quarter of 2025 were incremental but consequential, with the Department of Financial Protection & Innovation relying on public enforcement actions to articulate expectations, and lawmakers and privacy regulators playing a role as well, says Stephen Britt at Stinson.

  • Series

    Fly-Fishing Makes Me A Better Lawyer

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    Much like skilled attorneys, the best anglers prize preparation, presentation and patience while respecting their adversaries — both human and trout, says Rob Braverman at Braverman Greenspun.

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